Biography

Dunham is well-versed in many areas of business litigation, including antitrust and competition, banking and financial institutions, and intellectual property.

His practice focuses on complex commercial litigation for a wide array of matters, including antitrust, patents, trade secrets, trademarks, securities, fraud, fiduciary duties, Delaware appraisal rights, employment and executive compensation, and environmental disputes.  His broad range of clients includes Fortune 100 companies, an infrared technology firm, the owners of a Las Vegas casino hotel, and a major state university.  Dunham has also represented financial institutions in various consumer finance litigation matters, including fair debt collection, fair credit reporting, foreclosures, and replevin matters.

In addition, Dunham has successfully represented clients in public policy matters involving immigration law, open records access, and the Voting Rights Act.

Before Fox Rothschild

Prior to joining Fox, Dunham was a partner in the Dallas office of a nationwide law firm.  He previously worked at a firm handling high-stakes advocacy, where he started as an associate, was elevated to partner, and managed the firm's pro bono program.  Dunham was also an associate in the Phoenix office of a national firm. 

Beyond Fox Rothschild

Dunham frequently lectures on a variety of legal issues, including recent talks on immigration law and the political significance of Congressional redistricting to the Latino community.  He also recently participated in a public forum at the Southern Methodist University Dedman School of Law, where he spoke about the successful legal challenge of the unconstitutional immigration ordinance adopted by the Dallas suburb of Farmers Branch, Texas.

Representative Matters

Trade Secrets

  • The Board of Regents, University of Texas System, on behalf of the University of Texas at Austin and Hydro-Québec v. Nippon Telegraph and Telephone Corporation (Texas State Court).  Represented the University of Texas in prosecuting claims against NTT for misappropriation of trade secrets related to lithium battery technology invented by Dr. John Goodenough and his team at the University of Texas.
  • Raytheon Co. v. Indigo Systems Corp. and FLIR Systems, Inc. (Eastern District of Texas, Sherman Division).  Defended Indigo and FLIR against claims for misappropriation of purported trade secrets related to cooled and uncooled infrared cameras.

Patents

  • Raytheon Co. v. Indigo Systems Corp. and FLIR Systems, Inc. (Eastern District of Texas, Sherman Division).  Defended FLIR and Indigo against claims for alleged infringement of patents related to cooled and uncooled infrared cameras.

Antitrust

  • RSR Corp. v. Marsh & McLennan Companies, Inc., et al. (Texas State Court).  Represented insured party in prosecuting antitrust, fraud, and breach of fiduciary duty claims against insurers.
  • Love Terminal Partners, LP and Virginia Aerospace, LLC v. The City of Dallas, Texas, et al. (Northern District of Texas).  Represented owner of a terminal at Dallas Love Field in prosecuting antitrust claims against two major airlines, the cities of Dallas and Fort Worth, and Dallas Fort Worth International Airport.
  • Represented multinational companies in investigating potential antitrust claims and issues throughout the world.
  • Represented clients in regard to foreign and domestic governmental antitrust investigations.

Environmental

  • Represented client in defending against complex, multiparty environmental litigation and natural resource damages.

Supply Contracts/Most Favored Nation Clause

  • RSR Corp., et al. v. Johnson Controls Battery Group, Inc. (Northern District of Texas).  Represented RSR in prosecuting claims for breach of a significant multi-year supply contract and defended client against counterclaim for breach of a most favored nation clause. 

Trademark and False Advertising

  • FLIR Systems, Inc. v. Sierra Media, Inc. and Fluke Corp. (District of Oregon).  Represented FLIR in prosecuting false advertising related claims and defended FLIR against trademark infringement claims.

Fraud, Breach of Fiduciary Duties, and Securities Fraud

  • AE Marketing, LLC v. Heritage Organization, LLC, et al. (Northern District of Texas).  Represented majority owners of a hotel and casino in Las Vegas, Nevada against minority shareholder for fraud in connection with a “squeeze-out” merger and secured a judgment regaining majority control for clients and awarding them over $26 million in punitive damages.
  • James & Jackson LLC v. Evander Holyfield, et al. (state court, Atlanta, Georgia).  Represented minority owner in television network in prosecuting claims for breach of fiduciary duty against board of directors and officers arising out of a “squeeze-out” merger.

Executive Compensation/Golden Parachute

  • Represented former CFO and general counsel in prosecuting claims for breach of employment agreements in regard to their golden parachute provisions after the company was taken private.

Delaware Appraisal Rights

  • Successfully represented a Fortune 100 company in the Delaware Court against appraisal claimants after a nearly $1 billion merger.  

Shareholder Derivative Suit

  • Successfully represented a Fortune 100 company and officers against claims made in a putative class action for alleged breaches of fiduciary duties and aiding and abetting breaches of fiduciary duties related to a nearly $1 billion acquisition.

Financial Services Litigation

  • Represented several consumer lenders in thousands of replevin matters.
  • Represented financial institutions in connection with fair debt collection practices and fair credit reporting matters.

Honors & Awards

  • Named a "Texas Rising Star" by Texas Super Lawyers