David Baay

David Baay

Baker & McKenzie LLP


David Baay is a partner in Baker McKenzie's Litigation and Government Enforcement practice group and resides in the Firm's Houston office. David has over 23 years of trial and arbitration experience representing clients in high-stakes commercial disputes. David specializes in partnership disputes involving closely-held corporations and limited liability companies. David is also a known authority on greenwashing litigation and PFAS litigation and has spoken extensively on the topic of litigation exposure arising from greenwashing claims.

Practice Focus

David handles commercial disputes in federal and state court and arbitrations, representing companies in the energy industry, including multinational oil companies, pipeline operators, oilfield service companies, public utilities, mineral owners, and multi-commodity traders. David also frequently represents parties in adversary proceedings related to large bankruptcies.

Representative Legal Matters

  • Represented founding partners in a shareholder dispute alleging breach of contract and breach of fiduciary duty.
  • Represented a public utility company in an adversary proceeding related to a USD 2 billion dispute arising from Winter Storm Uri.
  • Represented a crude trader in a breach of contract dispute related to the purchase and sale of crude.
  • Represented partners in an arbitration involving breach of contract claims related to the construction of a USD 780 million natural gas liquefaction and power plant.
  • Acted for a foreign entity in a trade secret dispute related to the design and manufacture of downhole plugs.
  • Advised a privately-held fund related to a breach of contract dispute involving the failure to pay promised success fees.
  • Represented a major oil and gas production company in an arbitration related to recovery of USD 50 million in payments for the purchase and sale of natural gas and as ancillary proceedings to bankruptcy filings.
  • Acted for partnership of mineral owners in an adversary proceeding to recover share of mineral-producing properties placed in bankruptcy.
  • Represented international trader in arbitration related to a breach of contract proceeding for the failure of the counterparty to pay for bio-fuel credits.
  • Served as national coordinating counsel and advised multinational companies on asbestos liability exposure in the United States. 

Professional Honors

  • Recognized by The Legal 500 United States in the area of general commercial disputes (2022-2023)
  • Selected for inclusion among Texas Super Lawyers® (2014-2018)
  • Selected for inclusion among Texas Super Lawyers® "Rising Stars" (2006, 2012-2013)


  • Texas~United States
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. District Court, Southern District of Texas~United States
  • U.S. District Court, Eastern District of Texas~United States


  • Southern Methodist University School of Law (J.D.)
  • Vanderbilt University (B.A.)


  • English
  • The Greenwashing Legal Landscape: Greenwashing Liability - Trends and Risk Management, April 2023
  • Greenwashing Litigation and the Proposed SEC Climate Disclosure Rule: What Every Co-op Should Know, March 2023
  • Greenwashing Litigation and the Proposed SEC Climate Disclosure Rule, February 2023
  • Greenwashing Liability, November 2022
  • Greenwashing Claims: Where do we go from here? September 2022
  • Is your Company at Risk of Being Swept Under by a Tidal Wave of Greenwashing Lawsuits? February 2022, Institute for Energy Law
  • Cyber thieves are targeting you - Are you prepared?, February 2021