Silver, Barry

David Horan specializes in appellate litigation and analyzing and briefing complex issues before federal and state courts at all levels. He has extensive appellate experience and has conducted oral argument before federal and state courts of appeals and federal trial courts. David also has substantial experience litigating class action issues and challenges to arbitration awards. His practice extends to all aspects of appellate and trial litigation, ranging from representing clients as part of trial teams to drafting cert petitions and oppositions and amicus briefs filed in the Supreme Court of the United States.

For the last several years, David has been a member of a team of Firm lawyers representing Expedia, Hotels.com, and Hotwire in more than 30 putative class action and individual lawsuits brought by municipalities and consumers relating to the manner in which online travel companies charge hotel occupancy tax recovery charges and service fees. In recent years, he has also represented on appeal Firm clients including CBS Corporation, R.J. Reynolds Tobacco Company, National Heritage Insurance Company (a subsidiary of Electronic Data Systems Corporation), and First American Title Insurance Company. In addition, David has represented a variety of clients in matters involving (among other things) constitutional issues, federal securities fraud claims, consumer protection claims, False Claims Act claims, products liability claims, federal criminal investigations and prosecutions, 42 U.S.C. § 1983 claims, sovereign immunity, complex telecommunications issues, federal and state tax issues, and employment discrimination claims.

David has handled numerous pro bono and court-appointed appeals to the Supreme Court of the United States and the United States Court of Appeals for the Fifth Circuit. He has represented indigent clients in matters ranging from challenges to criminal sentences to a successful appellate representation on behalf of two individuals and related business entities who obtained a take-nothing jury verdict while proceeding as pro se defendants in a federal civil RICO trial.

David has published multiple articles and given several presentations on appellate and criminal law matters, including "Appealing Remand Orders Under the Class Action Fairness Act," 8 Journal of Appellate Practice and Process 281 (2006) and "The Rules That Govern the Rules That Govern in the Federal Courts of the Fifth Circuit," 67 Texas Bar Journal 622 (September 2004). He is a member of the American Bar Association, the Dallas Bar Association, the Fifth Circuit Bar Association, and the Federal Bar Association. He has been named a "Texas Rising Star" (a select group of attorneys under 40 chosen by Texas Super Lawyers) by Law & Politics magazine and the publishers of Texas Monthly since 2005 and was listed in D Magazine's the "Best Lawyers Under 40" special issue in May 2006.