David Isaak

Partner

Described by Chambers USA as a "smart lawyer" "known for his intelligent handling of cases," David Isaak represents companies and executives in their most serious legal matters: government and internal investigations,  white collar criminal cases, and high-stakes civil litigation. Equally at home in civil or criminal court, Mr. Isaak is especially adept at protecting his clients’ interests in parallel civil, criminal, and administrative proceedings – a rare talent among even the most seasoned trial lawyers.

Mr. Isaak’s practice centers on representing clients in legally and factually complex investigations and white collar criminal cases involving, among other things, 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).  Often his victories are private, such as when he persuades prosecutors or regulators not to bring criminal charges or civil enforcement claims.  For example, an extensive FBI investigation for alleged theft of trade secrets ended with no charges filed against his clients. Mr. Isaak and Shaun Clarke also recently convinced the Department of Justice Civil Division not to intervene in a False Claims Act qui tam case against Mr. Isaak’s clients where the government had previously demanded over $20 million to settle. This led the relators to dismiss the case.  In addition to these private victories, Mr. Isaak has also had many public successes for clients.  He helped to secure the dismissal of all charges against a BP propane trader accused of violating the Commodity Exchange Act.  He was a key member of the team that obtained a not guilty verdict on Clean Water Act charges against BP’s wellsite leader on the Deepwater Horizon after first securing dismissal of manslaughter charges. Additionally, Mr. Isaak is frequently called upon to represent clients in high-stakes civil matters and internal investigations. 

Mr. Isaak’s analytical skills, work ethic, and attention to detail gained him recognition at the University of Texas School of Law, where he was named Grand Chancellor—the Law School’s most prestigious honor awarded to the student with the highest grade point average after the second year of law school.  He was also selected to the editorial board for the Texas Law Review.  After law school, he honed his skills in civil litigation: clerking for the Chief Justice of the Texas Supreme Court and working for five years at Baker Botts, where he specialized in antitrust and securities litigation before developing an investigations and white collar criminal defense practice.  Mr. Isaak has taught a course on public corruption offenses and the FCPA at the University of Houston Law Center and speaks frequently on a wide range of white collar criminal defense and litigation issues.

 

 

Government Investigations

Represented software company and executives in FBI and DOJ investigation into alleged trade secret theft (no charges filed).
Represented global manufacturers’ employees in federal criminal price-fixing investigation (no charges filed).
Successfully resolved alien trafficking charges against Houston company (no criminal charges filed).
Represented Chief Legal Officer of oil and gas company in SEC and DOJ FCPA investigation (no charges filed or SEC action taken against officer).
Represented software company CFO in SEC and DOJ investigation into securities fraud allegations (no SEC or criminal charges filed).
Represented physician in health care fraud investigation (no charges filed).
Represented developer in criminal investigation by the U.S. Small Business Administration—Office of the Inspector General (no charges filed).
Represented global oil refiner’s employees in federal environmental investigation and trial of company. (no charges filed against his clients).
Additonal Representative Matters

“Rising Star” by Thomson Reuters, 2004-2012

Texas Litigation: White Collar Criminal Defense, Chambers USA, 2017-Present 

“Super Lawyer” by Thomson Reuters, 2016-Present

 

 

 

 

Admissions:

State Courts of Texas

United States Court of Appeals for the Fifth Circuit

United States District Court for the Southern, Eastern, and Northern Districts of Texas

Organizations:

Federal Bar Association, President for the Southern District of Texas Chapter 2018-2019

American Bar Association, White Collar Crime Regional Subcommittee Co–Chair 2010-2015

National Association of Criminal Defense Lawyers

Criminal Justice Act Panel for the Southern District of Texas

InPrint, Advisory Board Member

“Navigating the Minefield: Criminal Issues in Civil Cases,” State Bar of Texas, Advanced Evidence & Discovery  Course” May 2020

“Trying the High-Profile Case,” Texas Association of  Defense Counsel Annual Meeting, San Antonio, September 2019

Moderator - “The Mueller Report and Investigation, What They Can Teach Us About Federal Investigations,” April 2019, Federal Bar Association, Houston, Texas
"Parallel Criminal and Civil Litigation (with Karima Maloney)," Houston, Dallas, San Antonio, State Bar of Texas Advanced Civil Trial Course 2017
"When the FBI Knocks at Your Door: Criminal Issues in Civil Litigation,"  Houston & San Antonio, State Bar of Texas, Advanced Evidence & Discovery Course 2017
"Criminal Issues in Civil Litigation," Houston Bar Association, March 2017
“The Fifth Amendment in Civil Litigation” (with Karima Maloney), Harris County Civil Judges’ Summer CLE Conference, August 2017
"Not Guilty: The Deepwater Horizon Criminal Cases,"  Amarillo Area Bar Association, November 2016
Moderator - "Parallel Proceedings: Litigating in the Shadow of a Criminal Investigation" - SKV Business Crimes CLE, October 2016
Southwest Regional Update - Panelist, American Bar Association White Collar Criminal Law Conference, Miami, Fl., March 2014
 

 

 

The University of North Dakota
B.A., English, summa cum laude, 1994

University of Illinois at Urbana – Champaign
M.A., English, with honors, 1996

University of Texas School of Law 
J.D., with highest honors, 1999
Grand Chancellor; Order of the Coif
Editorial Board & Articles Editor 
Texas Law Review

Law Clerk
to the Hon. Thomas R Phillips, Chief Justice
Supreme Court of Texas, 1999-2000

Associate
Baker Botts LLP, 2000-2005

Attorney
Gerger & Clarke, 2006-2014

Partner
Smyser Kaplan & Veselka, L.L.P., 2015-Present