David J. Schaller

Biography

Cases

• Defeated class and collective actions nationwide for a Fortune 500 company, including decertification of one of the largest FLSA collectives in U.S. history.
• Obtained decertification of an FLSA conditional collective that had been certified before WTO took over the case. After the decertification decision was issued, lawyers for the plaintiffs conceded that another pending nationwide case—which WTO also was defending—should be decertified as well.
• First-chaired multiple commercial arbitrations for an international shipping company.
• First-chaired multiple arbitrations for an automotive dealer.
• Defeated Rule 23 class certification of state law overtime claims in federal court in New Mexico for an international shipping company.
• Defeated conditional certification of an FLSA and state law putative collective action in federal court in Ohio for an international shipping company.
• Defeated conditional certification of an FLSA and state law putative collective action in federal court in Virginia for an international shipping company.
• Won Second Circuit affirmance for a Michelin subsidiary upholding summary judgment from the Southern District of New York. The case involved fraud perpetrated by a former employee and a third party.
• Served as regional trial counsel to a leading national shipping company for high-stakes trucking litigation.
• Won a significant appeal for FCA (Chrysler) in the Missouri Court of Appeals relating to a 2014 jury trial WTO won for Chrysler. Following trial, the judge entered a declaration in favor of the plaintiff on one remaining count. The Court of Appeals reversed following WTO's successful argument.
• Represented an international shipping and package delivery company in numerous arbitrations involving independent contractor classification.
• Won a complete defense verdict in a jury trial for an automotive manufacturer on claims challenging major aspects of the business operation.
• Represented a major oil producer in arbitration to recover damages stemming from a business partner's breach of contract.
• Represented major automotive manufacturers in litigation involving dealer terminations in Oregon and Colorado.
• Represented a major REIT in class action arbitration initiated to recover damages related to a natural disaster.
• Won a complete jury verdict for Chrysler Group LLC in a Missouri lawsuit involving an automobile dealer plaintiff claiming damages of tens of millions of dollars.
• Obtained complete dismissal of a ten-count discrimination complaint against a Fortune 100 client. WTO won the ensuing appeal to the Tenth Circuit, affirming the trial court's dismissal in full.
• Successfully represented employers in noncompete and trade secret litigation, including obtaining injunctive relief against a former employee of a solar power plant developer for violation of noncompete and nondisclosure agreements.
• Won a bench verdict in state court in a legal malpractice matter. After the law firm brought a collection action against a former client, the former client countered with a multimillion-dollar damages demand, claiming breach of fiduciary duty. Following a one-week trial, the judge dismissed the former client's counterclaim and awarded WTO's client the full amount of fees owed plus interest.
• Defended an investment advisory firm in Cook County, IL against a $10 million professional negligence claim. After a two-week trial, the jury found for the defendant.
• Represented a managing partner in a $5 million suit between law firm partners with respect to claims of fraud and mismanagement. After a two-week trial, WTO's client prevailed on fraud and mismanagement claims, and the Court ordered an accounting and liquidation of the firm.
• Co-managed with one other law firm the response to requests from 418 dealers for arbitration relating to the bankruptcy of Chrysler Group LLC and following Chrysler's termination of those dealerships. WTO litigated 187 of these Section 747 arbitrations, and, as directed by Congress, resolved all of the litigation within seven months--with a 96% success rate.
• Won affirmation for Chrysler before the California Court of Appeals in an opinion that established favorable precedent for manufacturers operating in California. The Court affirmed a trial court's complete dismissal of claims against Chrysler for rejecting a prospective dealership purchaser.
• Represent major automotive manufacturer in defense of product liability claims involving varying designs of sport utility vehicles.

Publications & Speaking Engagements

Presentations

• Presenter, "Franchise Drafting Tips from Franchise Litigators: Common Provisions Leading to Unintended Consequences," The Colorado Bar Association, Franchise Law Subsection, (September 29, 2016).
• Presenter, "Business Documents and Document Drafting From the Perspective of Litigators – The Big Blunders!" The Colorado Bar Association, Business Law Institute, (September 15, 2016).
• Presenter, "The Lifecycle of Litigation – Avoiding (Or Managing) A Trainwreck," The Colorado Bar Association, Business Law Institute, (September 15, 2016).
• "Trial Coach," Colorado Defense Lawyers Association Annual Trial Academy, (April 20, 2016).
• Presenter, "What Business Lawyers Do That Litigators Love: Your Worst Nightmares," The Colorado Business Law Institute, (October 28, 2015).
• Presenter, "A Roadmap for Successful Arbitration," The Association for Corporate Counsel Colorado Chapter, (May 3, 2012).

Press

• WTO Leads Top 100 in Colorado Super Lawyers
• 42 WTO Lawyers Named to the 2017 Colorado Super Lawyers List
• Law Week Colorado, "Wheeler Trigg O'Donnell Names Five Partners," November 22, 2011.
• Wheeler Trigg O'Donnell Names Five New Partners for 2012

Other Experience

Legal Memberships, Activities, and Honors

Community Memberships, Activities, and Honors

Teaching Positions

Personal Interests