David Noll is a trial attorney with extensive experience in complex commercial litigation. Mr. Noll primarily represents Fortune 500 clients in the direct broadcast satellite industry and routinely handles cases involving intellectual property rights and satellite signal piracy arising under the Digital Millennium Copyright Act (DMCA), Communications Act and Electronic Communications Privacy Act (ECPA).

A substantial portion of his law practice is also devoted to prosecuting and defending labor and employment-related cases. Mr. Noll is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization and has successfully litigated cases brought under Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and numerous other state and federal anti-discrimination and retaliation statutes.

Not limited to intellectual property or employment, throughout his legal career he has litigated a wide array of business issues with millions of dollars at stake, ranging from software development and television programming disagreements, to complex asset purchase agreements.

Mr. Noll’s practice encompasses all phases of litigation through trial and appeal in state and federal courts around the country, as well as in alternate dispute resolution. When defending lawsuits, he has often been able to defeat cases at the initial pleading phase by way of dispositive motions; however, his philosophy is to prepare every case for trial. Mr. Noll has been recognized by Texas Monthly and Law & Politics magazines as a “Rising Star” in their Super Lawyers edition, an honor bestowed upon the top 2.5% of up and coming Texas lawyers.

Areas of Practice

Labor and Employment; Copyright Litigation; Intellectual Property Litigation; Commercial Litigation

Certified Legal Specialty

Board Certified – Texas Board of Legal Specialization – Labor & Employment

Recognition

Texas Super Lawyers, 2014, 2015, 2016, 2017, 2018
Texas Super Lawyers, Rising Stars Edition, 2011, 2012
Rated AV® Preeminent for Ethical Standards & Legal Ability, Martindale-Hubbell
Texas’ Top Rated Lawyers, Featuring AV® Preeminent Rated Attorneys, 2012, 2013, 2014, 2015, 2016, 2017
Houston’s “Top Lawyers”, H Texas magazine, 2011, 2012, 2013, 2014, 2016, 2017
HNB named a “Go-To Law Firm” by In-House Law Departments at the Top 500 Companies magazine, 2012, 2013
Power Lawyers & Law Firms, Modern Luxury Houston, 2013

Education

J.D. – South Texas College of Law
B.A. – Texas A&M University

State Bar Admissions

State Bar of Texas
State Bar of Colorado

Court Admissions

United States Court of Appeals, Second Circuit
United States Court of Appeals, Fifth Circuit
United States Court of Appeals, Seventh Circuit
United States District Court, Southern District of Texas
United States District Court, Eastern District of Texas
United States District Court, Western District of Texas
United States District Court, Northern District of Texas
United States District Court, District of Colorado

Professional Affiliations

Texas Young Lawyers Association
Houston Young Lawyers Association
State Bar of Texas
Houston Bar Association
American Bar Association

Representative Case Summary

Plaintiff Cases

  • $6,500,000 breach of contract stemming from a complex commercial asset purchase agreement, federal court action, confidential settlement under favorable terms for client, lead counsel.
  • $2,500,000 consent judgment, exclusive of attorney fees and costs, in DMCA and Communications Act federal court action and permanent injunction against defendants, co-lead counsel, DISH Network, et al. v. David Smith, et al.; United States District Court for the Eastern District of Kentucky, Case No. 09-38-ART, co-lead counsel.
  • $2,500,000 breach of contract/television programming agreement federal court action, final judgment of $2,305,000, exclusive of attorney fees and costs, permanent injunction entered against defendant, lead counsel, EchoStar Satellite L.L.C. v. Persian Broadcasting Company, Inc.; Case No. 05 F 466 (PAC), United States District Court, District of Colorado.
  • $1,100,000 breach of insurance contract and indemnity claim federal court action, confidential settlement under favorable terms for client, co-lead counsel.
  • $1,000,000 breach of contract stemming from television programming agreement dispute, confidential settlement under favorable terms for client, lead counsel.
  • In excess of $1,000,000 breach of contract action stemming from television programming agreement federal court action, summary judgment granted to plaintiff and permanent injunction entered against defendant, lead counsel, EchoStar Satellite L.L.C. v. Channel One TV, Inc.; Case No. 05 D 467 (PAC), United States District Court, District of Colorado.
  • In excess of $500,000 wrongful termination of employee in whistleblower dispute under federal election campaign laws, confidential settlement under favorable terms for client, lead counsel.

Defense Cases

  • $10,000,000 alleged breach of television programming agreement and unjust enrichment claims federal court action, favorable jury verdict for a fraction of the demand, second chair, Telewizja Polska USA, Inc. v. EchoStar Satellite Corporation, Case No. 02C 3293, United States District Court for the Northern District of Illinois.
  • In excess of $8,000,000 alleged breach of commercial software development contract federal court action, confidential settlement for a favorable confidential sum for defense, lead counsel.
  • $6,000,000 alleged Title VII race, gender, national origin and lost stock option federal court action, confidential settlement for a favorable sum for defense, lead counsel.
  • $5,000,000 alleged tort and products liability federal court action, confidential settlement for a favorable sum for defense, second chair.
  • $3,500,000 alleged promissory fraud and breach of contract over commercial software development federal court action, confidential settlement for a favorable sum for the defense, co-lead counsel.
  • $1,400,000 alleged breach of commercial contract concerning electronic routing equipment federal court action, confidential settlement for a favorable sum for defense, second chair.
  • $950,000 alleged Texas Labor Code Section 451 Workers’ Compensation Retaliation claim arbitrated with AAA, confidential settlement for a favorable sum for the defense, lead counsel.
  • $650,000 alleged breach of commercial contract concerning product warranty federal court action, confidential settlement for a favorable sum for defense, lead counsel.
  • $600,000 alleged Americans with Disabilities Act (ADA) federal court action, confidential settlement for a favorable sum for the defense, lead counsel.
  • $425,000 alleged Fair Labor Standards Act (FLSA) federal court action, directed verdict for defense at trial, affirmed on appeal by the 5th Circuit, lead counsel, Hagan v. EchoStar Satellite LLC & Echosphere LLC; Case No. H-05-1365, United States District Court for the Southern District of Texas.
  • $375,000 alleged Family Medical Leave Act (FMLA) claim arbitrated with AAA, favorable confidential award issued by AAA for defense, lead counsel.
  • $350,000 alleged Family Medical Leave Act (FMLA) federal court action, favorable confidential settlement for defense, lead counsel.
  • $300,000 alleged Texas Commission on Human Rights Act (TCHRA) gender/pregnancy discrimination state court action, favorable confidential settlement for defense during trial, lead counsel.