David B. Owsley II

David B. Owsley II

Associate

Louisville, KY

Phone: 502-681-0390 Fax: 502-779-6028

Email: dowsley@stites.com

Vcard

Related Information

Education

  • Washington University School of Law

    J.D. 2004

    Executive Articles Editor, Wash. U. L.Q.; Scholar at Law Scholarship; Judge Myron D. Mills Award; A.B.A. Urban, State & Local Government Law Prize; Book Awards in Evidence, Immigrants' Rights, and State and Local Government; Appellate Clinic (assisted drafting amicus brief to United States Supreme Court in Tenn. Student Assistance Corp. v. Hood, 541 U.S. 440(2004)); International Public Interest Stipend Program: South Africa (Summer 2002); Honor Scholar Award; Dean's List

  • University of Virginia

    B.A. 2000

    Cognitive Science and Psychology

    Emphasis on language cognition, visual perception, and neural networks; Foreign Study - University of Valencia, Spain; Zeta Beta Tau Fraternity, Executive Board; McIntire Business Institute at the School of Commerce

Admissions

  • Kentucky

  • U.S. District Court for the Eastern District of Kentucky

  • U.S. District Court for the Western District of Kentucky

  • U.S. Court of Appeals for the 6th Circuit

Service Areas

  • Alternative Dispute Resolution
  • Antitrust and Consumer Protection Litigation
  • Appellate Advocacy
  • Business Litigation
  • Fiduciary Duty, Trade Secret and Unfair Competition Litigation
  • Class Action, Mass Action & Multi-District Litigation
  • Commercial Disputes - Contracts and Business Torts
  • Complex / Large Transaction Litigation / E-Discovery Management
  • Company Management, Governance and Control Litigation
  • Financial Institutions Litigation and Subprime Litigation
  • Government and Regulatory Litigation
  • Intellectual Property Litigation
  • Professional Liability (Non-Medical Professionals)
  • Real Estate and Land Use Litigation

Industry Experience

  • Energy
  • Real Estate / Real Estate Development
  • Government
  • Not For Profit
  • Consumer Products / Food / Beverage
  • Industrial / Manufacturing
  • Banking / Financial Services
  • Financing

Memberships

  • American Bar Association
  • Kentucky Bar Association
  • Louisville Bar Association

Community Involvement

  • Legal Aid Society, volunteer attorney

David Owsley is an Associate in the Louisville office and a member of the firm's Business Litigation Service Group. His practice focuses on complex commercial litigation, fiduciary duty and corporate governance litigation, patent litigation, antitrust litigation, trust and estate litigation, constitutional law, appellate practice, government and regulatory litigation, professional licensing board litigation, and legal ethics.

Recent Assignments

  • Represented a group of consumers and commercial real estate brokers in a successful constitutional challenge under the Dormant Commerce Clause to "turf state" prohibitions in Kentucky licensing laws that restricted interstate brokerage activities and impaired access to the national market for commercial real estate. River Oaks Mgmt. v. Brown, 2007 U.S. Dist. LEXIS 65286 (D. Ky. 2007); Marcus & Millichap Real Estate Inv. Brokerage Co. v. Skeeters, 395 F. Supp. 2d 541 (W.D.Ky. 2005). Also successfully defended several brokers from state licensing board discipline for alleged violations of the unconstitutional laws.
  • Successful defense of financial institutions in complex trust and estate cases involving breach of fiduciary duty claims.
  • Successful defense of a manufacturer in a suit alleging unlawful price discrimination under antitrust laws.
  • Currently involved in a large patent infringement litigation, several corporate governance disputes, and several complex contract disputes.

Recent Speaking Engagements and Publications

  • "Accepting the Dual Sovereignty Exception to Double Jeopardy: A Hard Case Study," 81 Wash. U. L.Q. 765 (2003)
  • "State Restrictions on Undocumented Noncitizens: The Interplay of Equal Protection, Federal Preemption and Federal Exclusivity"

Before Stites & Harbison

During the summer of 2002, Dave worked for a law clinic in South Africa. Before law school, Dave worked as a research assistant and for a dot-com startup. He also completed the McIntire Business Institute program at the University of Virginia School of Commerce.

More Than Stites & Harbison

Dave has volunteered for the Legal Aid Society in representing individuals and families in housing related issues and forcible detainer actions.

Besides Stites & Harbison

Dave is SCUBA certified and enjoys travel. He has backpacked extensively in countries in Africa, Central America, Asia, and Europe.