Overview
David Isaak has spent more than two decades fighting for companies and executives in their most serious legal matters, including government and internal investigations, white-collar criminal and regulatory cases, and high-stakes civil litigation.
David's white-collar criminal and regulatory practice centers on representing clients in legally and factually complex investigations and white-collar criminal cases involving health care fraud, tax fraud, securities fraud (including insider trading), antitrust, commodities manipulation, trademark infringement, theft of trade secrets, environmental crimes, and violations of the Foreign Corrupt Practices Act (FCPA).
His victories are often private, such as when prosecutors declined to prosecute a software executive and his company after a lengthy investigation into alleged trade secret theft. But he has also had many public successes, including his role in securing an acquittal on manslaughter and Clean Water Act charges for the Deepwater Horizon well site leader.
David is frequently called upon to represent clients in high-stakes civil matters involving allegations of breach of contract, breach of fiduciary duty, trade secret theft, fraud, fraudulent inducement, and various other tort claims.
The same skills that have made David successful in the courtroom and in negotiating with government agencies have also made him adept at handling internal investigations. These investigations have involved everything from employee embezzlement, trade secret misappropriation, and wage and hour policies to university admissions.
He is a frequent and sought-after speaker on a wide range of white-collar criminal defense and litigation issues.
- Texas
- US Court of Appeals, Fifth Circuit
- US District Court, Southern District of Texas
- US District Court, Northern District of Texas
- US District Court, Eastern District of Texas
- Hon. Thomas R. Phillips, Chief Justice, Supreme Court of Texas, 1999-2000
- J.D., University of Texas School of Law, 1999, with highest honors, Texas Law Review, Grand Chancellor award
- M.A., University of Illinois, 1996, with honors
- B.A., University of North Dakota, 1994, summa cum laude
Representative Matters
White-Collar Criminal Defense and Government Investigations
- Not Guilty Verdict for Deepwater Horizon Well Site Leader. Key member of the defense team that secured a not guilty verdict for Robert Kaluza, a "well site leader," on the Deepwater Horizon on Clean Water Act charges following dismissal of manslaughter charges with the Court of Appeals affirming the dismissal.
- Successfully represented a publicly traded company targeted by short sellers into investigation of spurious allegations. The Securities Exchange Commission (SEC) took no action against client.
- Represented a CEO and the company in a high-profile price fixing matter. Lead counsel for the company and CEO in all criminal proceedings and in class-action civil litigation against both the CEO and the company.
- Confidential representation of individuals and companies in criminal and civil investigations by federal agencies, including the Department of Justice and US Attorney's Offices, FBI, IRS, SEC, Commodity Futures Trading Commission, Postal Inspection Service, US Small Business Administration, and numerous other federal agencies.
- Representation of physicians and other health care professionals in federal health care fraud and Food and Drug Administration investigations.
Civil Litigation and Internal Investigations
- Defeated a request for a preliminary injunction by an international oil field pipe manufacturer against client, another international pipe manufacturer, in the US District Court for the Southern District of Texas. This was a major victory for the client, as the requested preliminary injunction would have shut down an entire product line.
- Represented pharmaceutical distributor McKesson in multidistrict litigation filed in Texas state court by various government entities alleging that McKesson had contributed to the opioid crisis.
- Represented a prominent agricultural company in a complicated fraud case against its primary supplier. Pushed the case to trial within a year from filing. The case settled confidentially after the first week of trial, after the first witness was presented.
- Successfully persuaded the Department of Justice's (DOJ) Civil Division not to intervene in a qui tam False Claims Act action where the DOJ had previously demanded more than $20 million to settle with client. The DOJ's decision not to intervene led the relator to voluntarily dismiss the claims against client.
- Headed up an extensive internal investigation for a Fortune 1000 oil field services company. The investigation revealed fraud and corruption by company employees and outsiders. Prepared a comprehensive report for the company’s Audit Committee.
- Conducted confidential internal investigations involving a wide range of subjects and in a broad variety of industries. These investigations have involved everything from trade secret misappropriation to wage and hour policies to university admissions.
Speaking Engagements
- When the DEA Knocks at Your Door: Controlled Substances Compliance, Annual Safety and Infection Prevention Summit, PDS Health, Dallas, TX, August 13, 2024
- Panelist, "Sentencing Guidelines Update: United States v. Vargasand the November 1 Amendments," Federal Bar Association, Southern District of Texas, October 2023
- Speaker, "Preserving Privilege in the Digital Age," Houston Bar Association Law Practice Section, February 2023
- Panelist, "Criminal Law Update," Federal Bar Association, Southern District of Texas, October 2021
- Speaker, "Navigating the Minefield: Criminal Issues in Civil Cases," State Bar of Texas, Advanced Evidence & Discovery Course, May 2020
- Speaker, "Trying the High-Profile Case," Texas Association of Defense Counsel Annual Meeting, September 2019
- Moderator, "The Mueller Report and Investigation, What They Can Teach Us About Federal Investigations," Federal Bar Association, Southern District of Texas, April 2019
- Speaker, "Parallel Criminal and Civil Litigation," State Bar of Texas Advanced Civil Trial Course, 2017
- Speaker, "When the FBI Knocks at Your Door: Criminal Issues in Civil Litigation," State Bar of Texas, Advanced Evidence & Discovery Course, 2017
- Speaker, "The Fifth Amendment in Civil Litigation," Harris County Civil Judges’ Summer CLE Conference, August 2017
News & Publications
StepAhead: Antitrust & Competition Insights
FTC Withdraws from Multiagency Labor Agreement a Month After Signing It
October 11, 2024
By: David Isaak
StepAhead: Antitrust & Competition Insights
United States v. Google: Summary and Potential Implications
August 15, 2024
Events
Noteworthy
- Chambers USA, White-Collar Crime & Government Investigations, Texas (2017-2024)
- Super Lawyers, Texas, White Collar Criminal Defense (2016-2024)
- Super Lawyers, Texas, Top 100 Lawyers in Houston (2019)
- Super Lawyers, Texas, "Rising Star" (2004-2012)
Authored Articles
- "Addressing Employer Concerns Regarding Employee Misconduct and Crime," The Houston Lawyer, May 2023
- "Standing & Capacity under Texas Law," The Advocate (Journal of the State Bar of Texas Litigation Section), Winter 2021
Professional Affiliations
- National Vice-President, Criminal Law Section, Federal Bar Association (2022-2023)
- President, Southern District of Texas Chapter, Federal Bar Association (2019)
- Board of Directors, Southern District of Texas Chapter, Federal Bar Association (2011-2020)
- Houston Bar Association
- Criminal Justice Act Panel, Southern District of Texas (2014-Present)