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David Ogles

David Ogles

Partner

123 N. Wacker Drive
21st Floor
Chicago, IL 60606
T 312.376.1042
david.ogles@nelsonmullins.com
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With more than a decade of professional legal experience, David has served as lead counsel for business clients and principals on numerous federal and state cases across the country. 

David has extensive experience prosecuting and defending commercial contract and business tort cases, including high-stakes cases involving allegations of fraud and breach of fiduciary duty.  He has...

With more than a decade of professional legal experience, David has served as lead counsel for business clients and principals on numerous federal and state cases across the country. 

David has extensive experience prosecuting and defending commercial contract and business tort cases, including high-stakes cases involving allegations of fraud and breach of fiduciary duty.  He has obtained successful outcomes for clients in areas as diverse as antitrust, bankruptcy litigation, class and mass actions, employment and restrictive covenants, insurance and asset recovery, intellectual property and trade secrets, real estate, and post-transactional matters such as earn outs and indemnity claims.   

David is proud to have represented manufacturers and distributors throughout his career, and also serves as outside general counsel for non-profits social enterprise, and startups.

David Ogles

obtained successful outcomes for clients in areas as diverse as antitrust, bankruptcy litigation, class and mass actions, employment and restrictive covenants, insurance and asset recovery, intellectual property and trade secrets, real estate, and post-transactional matters such as earn outs and indemnity claims.   

David is proud to have represented manufacturers and distributors throughout his career, and also serves as outside general counsel for non-profits social enterprise, and startups.

Experience

The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Professional Experience

  • Partner, Chicago-based boutique firm (2019–2024)
  • Litigation Associate, international business firm (2015–2019)
  • Litigation Associate, large, multi-faceted firm (2012–2015) 

Representative Matters

  • Business-to-Business Disputes
    • Lead counsel for SaaS business defending against wrongful termination and breach of restrictive covenant claims asserted by upstream vendor.
    • Lead counsel for international luxury hotel chain in actions to expel hotel management company and seek damages arising from breach and alleged fraud. Defendant voluntarily agreed to relief requested after leading argument on temporary restraining order (TRO).
    • Defend a software business offering services to Cook County jails against competitor asserting fraud in procurement process. Led arguments, defeating TRO and prevailing on motion to dismiss.
    • Defend manufacturer in arbitration concerning sales commission dispute.
    • Prosecute federal fraud and breach of contract case for plaintiff customer to recover implementation and licensing fees paid arising from failed implementation of Microsoft D365.
    • Defend financial services firm against claim for withheld commissions, and counterclaim for undisclosed failure to operate without a license.
    • Represent equipment manufacturer against distributor asserting wrongful termination.
    • Intervene on behalf of petroleum distributor in termination fight between competitor and retailer.
    • Judgment on the pleadings for fast food chain, authorizing termination of franchise.
    • Landlord-tenant action on behalf of tenant for diminution of rental value and lost profits.
  • Fraud and Fraudulent Transfers
    • Lead counsel for international non-profit organization alleging honest services fraud scheme by executive and outside vendor located in Canada, managing cross-border asset recovery team.
    • Lead counsel for international non-profit organization alleging vendor failed to timely mail solicitations and concealed misconduct by forgery.
    • Lead counsel prosecuting multi-year fraud scheme by issuer of interests in ventures to acquire and flip residential properties. 
    • Lead counsel defending import/exporter against fraud action brought by business partner arising from alleged international investment scam.
    • Represent defendant in $80m+ fraudulent transfer and successor liability trial before bankruptcy court in Florida. Led REV / damages expert teams.
    • Prosecuted claims on behalf of automobile dealer alleging a nationwide fraudulent scheme to falsify sales numbers in exchange for kickbacks to competitors.
    • Investigate and prosecute fraudulent transfer and fiduciary breach claims on behalf of Chapter 11 debtors, and defend fraudulent transfer and preference actions for creditors.
  • M&A and Fiduciary Duty Disputes
    • Lead counsel for acquisition target in net working capital and indemnity dispute.
    • Lead counsel for acquisition target in earn-out dispute against international distributor.
    • Defend buyer in post-closing dispute arising from alleged suppression of earn-out.
    • Defend seller in post-closing dispute arising from alleged misappropriation of tax benefits.
    • Defend real estate magnate against RICO and fiduciary breach claims.
    • Numerous fiduciary duty, partnership, LLC governance and distribution disputes.
  • Insurance Recovery
    • Prosecute fidelity insurance claim for insured, obtaining offensive summary judgment for client, and arguing before Sixth Circuit to affirm ruling.
    • Prosecute casualty claim for restaurant group arising from water damage.
    • Prosecute casualty claim for real estate investment firm arising from collapse of buildings.
    • Defend insurance broker in professional negligence matter seeking more than $1 billion arising from alleged gap in coverage for Hurricane Katrina.
  • Employment / Trade Secret
    • Lead damages counsel for plaintiff manufacturer in trade secret and breach of fiduciary duty case filed against former employees and competitor. Case confidentially settled and resulted in consent decree against competitor and its employees.
    • Lead counsel on federal employment discrimination case on behalf of international non-profit organization. Case confidentially settled after conducting trade secret misappropriation investigation and sharing results with plaintiffs.
    • Prosecute case against former employees who operated competing business while still working for client, diverting business opportunities.
    • Defend trade secret and non-solicitation claims asserted by competitor in aftermarket automotive parts industry.
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Professional Experience

  • Partner, Chicago-based boutique firm (2019–2024)
  • Litigation Associate, international business firm (2015–2019)
  • Litigation Associate, large, multi-faceted firm (2012–2015) 

Representative Matters

  • Business-to-Business Disputes
    • Lead counsel for SaaS business defending against wrongful termination and breach of restrictive covenant claims asserted by upstream vendor.
    • Lead counsel for international luxury hotel chain in actions to expel hotel management company and seek damages arising from breach and alleged fraud. Defendant voluntarily agreed to relief requested after leading argument on temporary restraining order (TRO).
    • Defend a software business offering services to Cook County jails against competitor asserting fraud in procurement process. Led arguments, defeating TRO and prevailing on motion to dismiss.
    • Defend manufacturer in arbitration concerning sales commission dispute.
    • Prosecute federal fraud and breach of contract case for plaintiff customer to recover implementation and licensing fees paid arising from failed implementation of Microsoft D365.
    • Defend financial services firm against claim for withheld commissions, and counterclaim for undisclosed failure to operate without a license.
    • Represent equipment manufacturer against distributor asserting wrongful termination.
    • Intervene on behalf of petroleum distributor in termination fight between competitor and retailer.
    • Judgment on the pleadings for fast food chain, authorizing termination of franchise.
    • Landlord-tenant action on behalf of tenant for diminution of rental value and lost profits.
  • Fraud and Fraudulent Transfers
    • Lead counsel for international non-profit organization alleging honest services fraud scheme by executive and outside vendor located in Canada, managing cross-border asset recovery team.
    • Lead counsel for international non-profit organization alleging vendor failed to timely mail solicitations and concealed misconduct by forgery.
    • Lead counsel prosecuting multi-year fraud scheme by issuer of interests in ventures to acquire and flip residential properties. 
    • Lead counsel defending import/exporter against fraud action brought by business partner arising from alleged international investment scam.
    • Represent defendant in $80m+ fraudulent transfer and successor liability trial before bankruptcy court in Florida. Led REV / damages expert teams.
    • Prosecuted claims on behalf of automobile dealer alleging a nationwide fraudulent scheme to falsify sales numbers in exchange for kickbacks to competitors.
    • Investigate and prosecute fraudulent transfer and fiduciary breach claims on behalf of Chapter 11 debtors, and defend fraudulent transfer and preference actions for creditors.
  • M&A and Fiduciary Duty Disputes
    • Lead counsel for acquisition target in net working capital and indemnity dispute.
    • Lead counsel for acquisition target in earn-out dispute against international distributor.
    • Defend buyer in post-closing dispute arising from alleged suppression of earn-out.
    • Defend seller in post-closing dispute arising from alleged misappropriation of tax benefits.
    • Defend real estate magnate against RICO and fiduciary breach claims.
    • Numerous fiduciary duty, partnership, LLC governance and distribution disputes.
  • Insurance Recovery
    • Prosecute fidelity insurance claim for insured, obtaining offensive summary judgment for client, and arguing before Sixth Circuit to affirm ruling.
    • Prosecute casualty claim for restaurant group arising from water damage.
    • Prosecute casualty claim for real estate investment firm arising from collapse of buildings.
    • Defend insurance broker in professional negligence matter seeking more than $1 billion arising from alleged gap in coverage for Hurricane Katrina.
  • Employment / Trade Secret
    • Lead damages counsel for plaintiff manufacturer in trade secret and breach of fiduciary duty case filed against former employees and competitor. Case confidentially settled and resulted in consent decree against competitor and its employees.
    • Lead counsel on federal employment discrimination case on behalf of international non-profit organization. Case confidentially settled after conducting trade secret misappropriation investigation and sharing results with plaintiffs.
    • Prosecute case against former employees who operated competing business while still working for client, diverting business opportunities.
    • Defend trade secret and non-solicitation claims asserted by competitor in aftermarket automotive parts industry.

Media

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Recognitions

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

Professional Activities

  • Chicago Lawyers Committee for Civil Rights, Settlement Assistance Program

With more than a decade of professional legal experience, David has served as lead counsel for business clients and principals on numerous federal and state cases across the country. 

David has extensive experience prosecuting and defending commercial contract and business tort cases, including high-stakes cases involving allegations of fraud and breach of fiduciary duty.  He has... obtained successful outcomes for clients in areas as diverse as antitrust, bankruptcy litigation, class and mass actions, employment and restrictive covenants, insurance and asset recovery, intellectual property and trade secrets, real estate, and post-transactional matters such as earn outs and indemnity claims.   

David is proud to have represented manufacturers and distributors throughout his career, and also serves as outside general counsel for non-profits social enterprise, and startups.

Experience

The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Professional Experience

  • Partner, Chicago-based boutique firm (2019–2024)
  • Litigation Associate, international business firm (2015–2019)
  • Litigation Associate, large, multi-faceted firm (2012–2015) 

Representative Matters

  • Business-to-Business Disputes
    • Lead counsel for SaaS business defending against wrongful termination and breach of restrictive covenant claims asserted by upstream vendor.
    • Lead counsel for international luxury hotel chain in actions to expel hotel management company and seek damages arising from breach and alleged fraud. Defendant voluntarily agreed to relief requested after leading argument on temporary restraining order (TRO).
    • Defend a software business offering services to Cook County jails against competitor asserting fraud in procurement process. Led arguments, defeating TRO and prevailing on motion to dismiss.
    • Defend manufacturer in arbitration concerning sales commission dispute.
    • Prosecute federal fraud and breach of contract case for plaintiff customer to recover implementation and licensing fees paid arising from failed implementation of Microsoft D365.
    • Defend financial services firm against claim for withheld commissions, and counterclaim for undisclosed failure to operate without a license.
    • Represent equipment manufacturer against distributor asserting wrongful termination.
    • Intervene on behalf of petroleum distributor in termination fight between competitor and retailer.
    • Judgment on the pleadings for fast food chain, authorizing termination of franchise.
    • Landlord-tenant action on behalf of tenant for diminution of rental value and lost profits.
  • Fraud and Fraudulent Transfers
    • Lead counsel for international non-profit organization alleging honest services fraud scheme by executive and outside vendor located in Canada, managing cross-border asset recovery team.
    • Lead counsel for international non-profit organization alleging vendor failed to timely mail solicitations and concealed misconduct by forgery.
    • Lead counsel prosecuting multi-year fraud scheme by issuer of interests in ventures to acquire and flip residential properties. 
    • Lead counsel defending import/exporter against fraud action brought by business partner arising from alleged international investment scam.
    • Represent defendant in $80m+ fraudulent transfer and successor liability trial before bankruptcy court in Florida. Led REV / damages expert teams.
    • Prosecuted claims on behalf of automobile dealer alleging a nationwide fraudulent scheme to falsify sales numbers in exchange for kickbacks to competitors.
    • Investigate and prosecute fraudulent transfer and fiduciary breach claims on behalf of Chapter 11 debtors, and defend fraudulent transfer and preference actions for creditors.
  • M&A and Fiduciary Duty Disputes
    • Lead counsel for acquisition target in net working capital and indemnity dispute.
    • Lead counsel for acquisition target in earn-out dispute against international distributor.
    • Defend buyer in post-closing dispute arising from alleged suppression of earn-out.
    • Defend seller in post-closing dispute arising from alleged misappropriation of tax benefits.
    • Defend real estate magnate against RICO and fiduciary breach claims.
    • Numerous fiduciary duty, partnership, LLC governance and distribution disputes.
  • Insurance Recovery
    • Prosecute fidelity insurance claim for insured, obtaining offensive summary judgment for client, and arguing before Sixth Circuit to affirm ruling.
    • Prosecute casualty claim for restaurant group arising from water damage.
    • Prosecute casualty claim for real estate investment firm arising from collapse of buildings.
    • Defend insurance broker in professional negligence matter seeking more than $1 billion arising from alleged gap in coverage for Hurricane Katrina.
  • Employment / Trade Secret
    • Lead damages counsel for plaintiff manufacturer in trade secret and breach of fiduciary duty case filed against former employees and competitor. Case confidentially settled and resulted in consent decree against competitor and its employees.
    • Lead counsel on federal employment discrimination case on behalf of international non-profit organization. Case confidentially settled after conducting trade secret misappropriation investigation and sharing results with plaintiffs.
    • Prosecute case against former employees who operated competing business while still working for client, diverting business opportunities.
    • Defend trade secret and non-solicitation claims asserted by competitor in aftermarket automotive parts industry.

Education

  • University of Chicago Law School, JD, high honors (2012)
    • Order of the Coif
    • Member, The University of Chicago Law Review
    • Kirkland & Ellis Scholar (top 5% of class)
    • Thomas R. Mulroy Prize for Excellence in Appellate Advocacy and Oral Argument
  • Emory University, BA, Economics and Philosophy (2007)

Admissions

  • Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. Bankruptcy Court for the Northern District of Illinois
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • Chicago Lawyers Committee for Civil Rights, Settlement Assistance Program