• T: 214.593.6445
• F: 214.390.9727
• E: depalma@fsblegal.com

• Greenberg Traurig, LLP

• Texas
• Fifth Circuit Court of Appeals
• Ninth Circuit Court of Appeals
• United States District Courts: Eastern and Northern Districts of Texas

• Vanderbilt University School of Law, J.D., 1995
• University of Virginia, B.A. Foreign Affairs, 1992

Russell DePalma is an experienced commercial litigator and appellate practitioner. He represents clients in various types of complex commercial litigation including business disputes, employment and unfair competition issues, trade secret litigation, trademark litigation, securities litigation, bankruptcy adversary proceedings, and insurance coverage litigation. Russell has tried 32 criminal cases to verdict, has second-chair experience in complex commercial trials, has first-chaired trial-type administrative proceedings before state and federal agencies and has litigated before FINRA, JAMS, the National Arbitration Forum (NAF), the World Intellectual Property Organization (WIPO), and the American Arbitration Association. He has taken and defended hundreds of depositions.

Russell has experience in numerous aspects of appellate practice, in addition to proceedings and briefing before appellate courts. He frequently participates in cases during pre-trial litigation to write briefs on dispositive motions, advises trial counsel regarding preservation of error, researches complex legal issues, and consults with trial counsel regarding appellate issues. His direct appellate experience includes preparing for and participating in hearings on motions subject to interlocutory appeal; handling interlocutory appeals; briefing and preparing mandamus proceedings; jury charge drafting and defending clients during jury charge conferences; pre- and post-trial motions for judgment as a matter of law; and petitions for review to the Texas Supreme Court. He has participated in approximately 25 state and federal appeals, including approximately 10 cases presented to the Texas Supreme Court. He has also assisted on appeals to the New Mexico Supreme Court and the Supreme Court of the United Kingdom.

• Lowenberg v. City of Dallas (Lowenberg II), 261 S.W.3d 54 (Tex. 2008)
• Lowenberg v. City of Dallas, 168 S.W.3d 800 (Tex. 2005)
• Northrup v. Southwestern Bell Tele. Co., 72 S.W.3d 1 (Tex. App. - Corpus Christi 2001, no pet.)
• Northrup v. Southwestern Bell Tele. Co., 72 S.W.3d 16 (Tex. App. - Corpus Christi 2002, pet. denied)
• Walker v. City of Mesquite, Tex., 313 F.3d 246 (5th Cir. 2002)
• Thomas v. Ogletree, Deakins, Nash, Smoak & Stewart, P.C., 80 Fed. Appx. 324 (5th Cir. 2003)
• Sanmina Corp. v. BancTec USA, Inc., 94 Fed. Appx. 194 (5th Cir. 2004)
• Joe v. Two Thirty Nine Joint Venture, 145 S.W.3d 150 (Tex. 2004)
• Prostok v. Browning, 165 S.W.3d 336 (Tex. 2005)
• Lewis v. Indian Springs Land Corp., 175 S.W.3d 906 (Tex. App. -- Dallas 2005, no pet.)
• Church v. Kare Distrib., Inc., 211 Fed. Appx. 278 (5th Cir. 2006)
• Gulf Liquids New River Project, LLC v. Gulsby Engin’g, Inc., (currently pending, Texas First District Court of Appeals)

• Represented surety company in connection with complex construction defect litigation arising out of failure of several gas processing plants in Louisiana.  After a five month jury trial, obtained favorable multimillion dollar jury verdicts in favor of surety client and contractor obligee on various breach of contract, quasi-contract, and tort claims, including punitive damages in favor of insurance company client.
• Defended energy exploration company against attempt by investors to impose receivership based on allegations of fraud, fraudulent transfer and violations of the Texas Securities Act.
• Defended operator of world’s largest retail electronic payments network in $670,000,000 lawsuit by company seeking damages for alleged tortious interference and business disparagement.  Obtained zero-dollar verdict in favor of client after month-long jury trial.
• Defended major golf equipment manufacturer in class action securities lawsuit alleging material omissions in registration statement.
• Defended internationally known recording artist in appeal of defamation lawsuit.
• Represented subsidiary of international defense contractor in intellectual property litigation against avionics manufacturer.
• Represented major beverage manufacturer in trademark and trade dress litigation against rival corporation in competitive energy drink market.
• Represented major international banking conglomerate in parallel litigation brought by trading partner accused of defaulting on obligations involving repurchase transactions in Texas and English courts.
• Represented prominent national company that writes and owns structured settlement agreements against claims of tortious interference and unfair business practices in ongoing litigation over structured settlement payment transactions against rival company accused of violating multiple states' Structured Settlement Payment Acts.
• Represented Dallas businesses in class action challenge to unlawful local commercial tax scheme resulting in multiple Texas Supreme Court precedents regarding distinction between lawful fee and unlawful tax.
• Defended nationally known Texas law firm in malpractice action against law firm partner for actions he took as city councilman of a Dallas suburb in case setting Texas Supreme Court precedent regarding duties of lawyer and law firm to clients.
• Represented private citizens in lawsuit against Dallas Housing Authority for violations of civil rights.
• Represented small Dallas business in First Amendment challenge to Dallas ordinance.
• Defended accounting firm against Securities Investor Protection Corporation and investment firm liquidating trustee’s claims of professional negligence arising from criminal actions committed by investment firm’s former CEO and CFO.
• Represented telecommunications reseller in tax action and appeal against Kentucky Revenue Cabinet.