Biography

Dunham is a well-versed business litigation and trial attorney who has earned a reputation as a highly skilled, agile, creative and persistent attorney. With an unfaltering will to win, Dunham is an advocate for clients in all forums, including courts, arbitration tribunals, and legislative and regulatory bodies, and in the court of public opinion.

His practice focuses on high stakes (e.g., damages, reputation, principles, public policy) advocacy and litigation including antitrust, patents, trade secrets, trademarks, securities, fraud, fiduciary duties, shareholder rights, employment and executive compensation, and environmental disputes.  In addition, Dunham represents financial institutions in various consumer and commercial finance litigation matters, including fair debt collection practices, fair credit reporting, foreclosures, collection and replevin issues.

Dunham is devoted to achieving his clients’ objectives and exceeding their expectations. Thus, in your time of need, you will have a true partner who cares about you, your business and your people and, as a result, will work seamlessly with in-house counsel, officers, directors and employees in designing and implementing strategies to achieve your goals.

Before Fox Rothschild

Prior to joining Fox, Dunham was a partner in a boutique litigation firm devoted to handling high-stakes advocacy, where he started as an associate, was elevated to partner and managed the firm's pro bono program.

Beyond Fox Rothschild

Dunham has presented at:

  • Used Car Week: Mitigating Dealer Fraud and Minimizing Risk
  • Texas State Bar Convention: Open Meeting Act
  • Dallas Bar Association: Antitrust (Love Terminal Partners v. DFW Int'l Airport Board, et al.), Immigration (Voting Rights Act litigation)
  • NYU Law School:  Lessons Learned from the Front Lines: Challenging Local Anti-Immigrant Ordinances in the Midst of a National Call for Reform
  • Southern Methodist University Dedman School of Law: the successful legal challenge of the unconstitutional immigration ordinances adopted by the Dallas suburb of Farmers Branch, Texas

Dunham also lectures on a variety of legal issues, including immigration law and the political significance of Congressional redistricting to the Latino community. He has 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 private 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 alleged 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 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 owners of a hotel and casino in Las Vegas, Nevada in prosecuting claims for fraud and breach of fiduciary duty arising out of a “squeeze-out” merger and secured a judgment award clients majority control and 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 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, including putative class action.