B. David L. Foster regularly represents banks, mortgage servicers, and other financial institutions in putative class actions, mass actions, and individual actions in state and federal court, as well as arbitration proceedings. In addition to his consumer finance practice, Dave has significant experience representing investors, directors, officers, and issuers in cases involving securities fraud and registration irregularities.
He also represents clients in a wide range of other disputes, including putative class actions and lawsuits involving real property development, accounting malpractice, fiduciary relationships, and design and construction defects.
Representative Experience :
- Repeated representation of lenders and mortgage servicing companies in putative class actions, multi-district litigation and individual litigation regarding the permissibility, under the Texas Constitution, of various types of home equity loan modifications
- Representation of mortgage servicing company in putative class action regarding the effect and scope of forbearance programs
- Representation of mortgage servicing company in putative class action challenging foreclosure fees and distribution of excess sale proceeds
- Repeated representation of loan servicers and trusts in putative class actions challenging the validity of the securitization process and corresponding real property filings
- Representation of mortgage servicing company in putative class action challenging the application of set-aside fees and mortgage insurance premiums in reverse mortgages
- Repeated representation of consumer finance companies in disputes relating to the Uniform Commercial Code (UCC), the Truth-In-Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Telephone Consumer Protection Act (TCPA) and other consumer statutes
- Representation of electronic filing and service provider in putative class action asserting state antitrust violations, among other claims
- Trial counsel for a group of Florida investors seeking over $2 million from issuer and related shareholders and stakeholders
- Trial counsel for a manager of investment funds in an action brought by investors for alleged violations of the Texas Securities Act seeking over $35 million
- Representation of investment partnership in a derivative action brought by the Chapter 11 Trustee of an issuer seeking over $72 million for alleged secondary securities fraud liability
- Repeated and varied representation of private real estate investment and development firm relating to its real estate assets
- Repeated representation of luxury condominium developer relating to disputes over purchase contracts and disclosures statements
- Representation of property management company, construction company, and related principal in a lawsuit filed by tax credit apartment complex properties alleging breaches of contract and fiduciary obligations
- Representation of accounting firm and individual accountants in malpractice action brought by bankruptcy trustee of former client seeking roughly $3 million
- Repeated representation of artificial turf manufacturer and installer in design and construction disputes with (1) public and private universities; (2) distributors; and (3) subcontractors
Professional Affiliations :
- Member, Austin Young Lawyers Association
- Member, Travis County Bar Association
- Member, State Bar of Texas
Education :
- J.D., magna cum laude, Texas Tech University School of Law, 2001
- Fifth Circuit Editor, Texas Tech Law Review
- Member of National Moot Court Teams
- Regents Scholarship
- B.B.A., Finance, The University of Texas at Austin, 1998
Admissions : Texas, 2001
Admitted To Practice :
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Eastern District of Texas
- U.S. Court of Appeals for the Fifth Circuit
Cost
Rate : $$$