DAVID W. HUTTON
Licensed in Texas, Tennessee, Nebraska, and Mississippi
david@hutton-law.net • linkedin.com/in/dhutton1
A BUSINESS AND LEGAL PRACTITIONER THAT SOLVES THE LEGAL ISSUES
Solving Corporate issues is my expertise. I excel in a work environment that is “all inclusive”, fast & changing pace, has a dominant “team spirit”, a Valued Mission, Vision for the future and goals to get there and people who Love what they do! A Corporate Attorney’s responsibility is to undertake the Legal issues, move these away from the various departments and let them do what they know how to do and clear the path for them to operate.
I am an experienced Counsel with broad business, U.S. Washington, D.C. regulatory, Data Privacy, transactional, litigation, risk, drafting, analyzing & negotiating complex agreements and employing sound legal principles.
I use a decisive, strategic and capable approach of exercising good judgment and maintaining ethical standards while under pressure. I have strong problem-solving skills and the ability to formulate and execute plans, and a proven track record of delivering results and solutions demonstrated effective collaboration across multiple layers and Litigation.
The How – By strengthening the commercial supply chain with sound guidelines and bringing together the experience skills of complex agreements, official inside government insight, developing programs of strategic guidelines, goals, processes, and tactics across all levels of the corporate and outside culture. The orientation and communication of sensitive information and its use in judgment, decision-making communication, and Courtroom presentation.
As a former Chief Counsel of two $1B Corporations, a Foreign Global Compliance & Transactions Counsel, A Government Chief Prosecutor, An Intelligence Prosecutor – Asia and a Multi-Jurisdictional Litigator. I possess the capability to quickly identify and assess risks, compliance thereto and formulate and execute mitigation plans with a strong presence of credibility to present to and advise the Legal and Corporate Affairs with persuasive communication and influencing skills. The ability to build relationships and work efficiently and effectively across a matrix organization. Data Privacy – What’s in there and what do you do with it? AI, Dark Data, etc.
AREAS OF STRENGTH AND EXPERTISE
Contract Negotiation – IACCM ®, ℠ ™, Icertis Nobel Prize and Contract Management (CLM) Are They Related? (https://www.icertis.com/blog/nobel-prize-economics-2016-contract-management/) Outside Counsel Relations – Management – Reduce by a minimum of 50%.
Risk Elimination / Dispute Resolution – BIS Export Enforcement Controls S2P Platform – The Next Generation of Procurement and CLM Generalist – FCC, DOE, FTC, IP, IT Protection – 2nd Chair Federal Court Litigation – Merchant & Gould.
Global Trade and Fuel Laws and Other Transactions – International and U.S. Domestic International and Domestic Transactions / Foreign Corrupt Practices Act (FCPA) Foreign Corrupt Practices Act (FCPA), Basel, Graham Leach, Patriot Act I, III, FATCA, Reg 8938, FBAR and FinCen (U.S. Treasury Department) FDA, DOE, FTC FCC compliance.
Legal, Financial Risk, and Compliance – Coase Theorem (Nobel Prize laureate Ronald Coase), the Prisoner’s Dilemma (originally framed by Merrill Flood and Melvin Dresher working at RAND in 1950), etc. These are pedagogical canons that are rarely known to most Attorneys, but which are solid tools proven to be highly effective. Also, ATR (Alternative Transfer of Risk).
PROFESSIONAL EXPERIENCE
Within the last three years I have successfully defended U.S. and State Regulatory actions in the following matters:
– S. Dept. of Justice – Washington, D.C. – Federal Reserve / US Banking violations
– Federal Elections Commission, Washington, D.C. – “Super-PAC” donation violations
– Securities Exchange Commission, Los Angeles, California Division – 10(b) “Insider Trading” violations – Dismissed
– Food & Drug Administration – FDA, Los Angeles, California – 483 Violation Notice – manufacture of “stem cell” via enzymatic digestion – Dismissed
– Tennessee Department of Financial Institutions – “Money Transmitter” violation for Loaning operations – Dismissed
– 2002 – Department of Commerce – (DOC) Export Enforcement (BIS) – Sole Counsel of a $50M violation of Export Controls – Result – After 15 months of Administrative Hearings and negotiations; $50K Settlement
– Zoda Energy, GmbH, Zug, Switzerland 2015 – September 2016 International Global Trade – Contract for Hire in the trading of Commodities for fuel with Rosneft, NNPC, China, BOC (Bank of China), HK, Singapore and trading instruments, RFPs, ICPOs, SCOs FCOs, SPAs. Global contracts and all transaction documents, Bank instrument verification. All Transactions of contract, financial & otherwise. Reviewed, negotiated and drafted all contracts. Advise management of legal implications of administrative and operational activities. Developed solutions to existing or potential legal problems involving the Companies and advise management concerning legal rights and obligations.
– Administered and strengthened Code of Business Conduct and management awareness of policies and procedures and legal compliance requirements. Maintained management awareness of changes of proposed statutes and regulations, economic and social issues and other matters of interest to the Companies and the energy industry. Managed outside counsel on All matters of Foreign Corrupt Practices Act of 1977 (“FCPA”) diligence.
National & International, Chattanooga, Tennessee 2012 – 2015
International Attorney
Managed all aspects of complex commercial contracts in collaboration with international leaders and outside counsel. Conducted trial litigation before the U.S. District Court on Federal Regulatory transactions as well as vendor agreement disputes before the U.S. District Court. Handled post-judgment remedial representation. Supported software and logistics, information matrix, analytics, and URL – Regulation defense before State and Federal government regulation agencies in Washington, D.C. Global trading of fuel commodities with Russia, Portugal, and Switzerland.
Key Accomplishments:
Successful Representation SEC 10(b) – Los Angeles, California FEC – Washington, D.C., USDOJ – Washington, D.C., successfully defended four Federal Compliance cases within an 18–month time period. Represented international companies in the Fuel and Steel trades (Argentina, Portugal, Russia, and Turkey).
International Legal Consultants, Richland Hills, Texas (2007 – 2012)
International Attorney
International Attorney Led consultations with international and domestic vendors dedicated to exporting and importing goods into the US and countries such as Turkey, Egypt, Russia, Indonesia, Thailand, Portugal, Mexico, Brazil, and Bulgaria.
Key Accomplishments:
Reduced costs and increased responsiveness to executive management for multiple customers.
Whitestone REIT (NYSE Symbol WSR), Houston, Texas (2011 – 2012)
Global Trade/Chief Counsel
Represented senior management on issues such as Commercial real estate development, acquisition, disposition, and management. Directed all phases of transactional leasing, financing, property management, landlord/tenant, and contract negotiation as well as premises liability and risk assessment. Led courtroom litigation on contract disputes.
Key Accomplishments:
Intellectual Technology Protection Saved $120,000 per month on outside retainer and legal fees within seven weeks of joining company by streamlining dependence on outside counsel Successfully conducted six commercial acquisitions within seven months Led the successful Federal civil prosecution of a $2.5M breach of contract
Attorney General’s Office, South Pacific Region (2002 – 2005)
Chief Criminal Prosecutor
Intelligence Managed a task force comprised of Assistant Attorney General Staff and department heads of other governmental agencies charged to protect the Northern Mariana Islands’ Treasury.
Key Accomplishments:
“Yellow Slavery” repatriation of displaced foreign nationals, finalized garment, and government manufacturing contracts, prohibited “corporate flight,” and froze and distributed assets belonging to the Commonwealth Led extraditions of foreign nationals from countries such as the Philippines, Thailand, and South Korea
Reduced open case files by 60% from 2100 to below 900. Participated in Foreign Asian Intelligence “sting Operations” as well as member – Asian Organized Crime Task Force.
Cabela’s, The World’s Foremost Outfitter, Sydney, Nebraska (1999 – 2002)
(www.cabelas.com) (NYSE – CAB)
General Counsel
Incorporated the formation, structuring, and supervision of the first legal department within the corporate structure. Created IP enforcement Division and successfully prosecuted violations.
Provided legal advice and analysis to senior management dealing with in-house litigation involving complex legal issues to meet the business objectives, both domestically and abroad. Proposed legislation for existing laws and policies affecting corporate liability. Handles all real estate Retail & Distribution matters.
USPTO – IP – Domain Name Fraud Successful Prosecution, IT Protection, WIPO, ICANN Prosecution (2nd Chair – Merchant & Gould) Managed litigation exposure was accomplished through both formal & informal contracted mediators/arbitrators and pre-designated forums for dispute resolution.
EDUCATION AND TRAINING
Jurisprudence Doctor, California Western School of Law, San Diego, California (www.cwsl.edu)
International Court of Justice – The Hague, The Netherlands
Académie de Droit International de La Haye, Netherlands, Public & Private Law Post Doctorate, Public & Private Law, The Hague Academy of International Law, Netherlands 2010
ADMISSIONS TO PRACTICE
Nebraska, Tennessee, Texas, and Mississippi
U.S. Court of Appeals Fifth Circuit, and U.S. Court of Appeals Sixth Circuit
Lead Counsel of Writ of Certiorari filed in the United States Supreme Court (see Writ)
AFFILIATIONS & DISTINCTIONS
Appeared in two National guest appearances on Court TV (currently called TruTV) (1996 & 1997) with chief correspondent Fred Graham.
The National Law Journal, Feature Story, April 2002, “Cabela’s General Counsel Starts from Scratch.”