Partner

David M. Feldman

David M. Feldman was born August 19, 1949, in Lake Charles, Louisiana. He holds a B.A. in Political Science from LSU (1970) and a J.D., Summa Cum Laude, from South Texas College of Law (1976). Feldman served as a U.S. Army Infantry Officer from 1970 to 1972, and was employed at the NASA-Lyndon B. Johnson Space Center from 1972 to 1976.

David was originally in private practice from 1977 to 2010, during which time he served as a partner with the firm of Vinson & Elkins and as managing partner of his own firm, Feldman, Rogers, Morris and Grover, L.L.P., specializing in the representation of both private and public employers in all forms of labor and employment disputes, civil rights litigation and general litigation and school law.

David left private practice to serve as City Attorney under Mayor Annise Parker from April 2010 to January 2015. As City Attorney, his work touched upon nearly every facet of public law, including defending suits brought against the City and bringing suits to recover monies due to the City, abating public nuisances, negotiating major commercial transactions and union contracts, writing ordinances and policies to improve the quality of life for Houstonians while making government more efficient, and serving as a close advisor to the Mayor and City Council on all legal matters. In returning to the private sector with Feldman & Feldman, his practice includes all areas he has worked in, before and during his tenure as City Attorney.

David is licensed to practice before all Texas Courts, the U. S. District Courts for the Southern, Eastern, Western and Northern Districts of Texas, the Fifth and Eleventh U. S. Circuit Courts of Appeals and the U. S. Supreme Court. He is AV rated by Martindale Hubbell and has been named to Texas Super Lawyer (2004-2009), Texas Top Notch Lawyer (2004, 2009) and Best Lawyers in America, (1987, 2009). He has also served as an adjunct professor at South Texas College of Law, and currently serves as a member of the Board of Directors of the Houston Forensic Science Center, the Southwest Region of the Anti-Defamation League and the Friends of MHMRA of Harris County.

Education

  • J.D., Summa Cum Laude South Texas College of Law
  • B.A. Political Science Louisiana State University

Admissions

  • Texas
  • U.S. Supreme Court
  • U.S. Court of Appeals Fifth and Eleventh Circuits
  • U.S. District Court Southern, Eastern, Northern, and Western Districts of Texas
  • Board Certified in Labor and Employment Law Texas Board of Legal Specialization

Notable Cases

  • Doe v. Taylor Indep. Sch. Dist., 975 F.2d 137 (5th Cir. 1992), reh’g en banc, 15 F.3d 443 (5th Cir. 1994), cert. denied, 513 U.S. 815 (1994) Seminal case on supervisory liability for unconstitutional acts of subordinate.
  • Jones v. Clear Creek Indep. Sch Dist., 930 F.2d 416 (5th Cir. 1991), vacated, 505 U.S. 1215 (1992), on remand, 977 F.2d 963 (5th Cir. 1992), cert. denied, 508 U.S. 967 (1993) Permitting prayer at public school graduation ceremonies.
  • Brady v. Houston Indep. Sch. Dist., 113 F3d (5th Cir. 1997), reh’g denied, 121 F.3d 706 (5th Cir. 1997) Key case on First Amendment retaliation.
  • King v. Conroe Indep, Sch. Dist., 2005 U.S. Dist. Lexis, 36176 (SA. D. Tex. July 15, 2005), aff’d 289 F. Appx. 1 (5th Cir. 2007), cert. denied, 552 U.S. 1042 (2007) Defining minimum knowledge necessary for supervisory liability.
  • U.S. v. State of Tex. 457 F.3d 472 (5th Cir. 2006) One of final cases under state-wide school desegregation order.
  • Nixon v. City of Houston, 511 F.3d 494 (5th Cir., 2007), cert. denied, 128 S. Ct. 2504 (2008) Key case on First Amendment retaliation following U.S. Supreme Court decision in Garcetti .
  • Stewart v. City of Houston, 372 Fed.Appx. 475, 2010 WL 1286925 (5th Cir. 2010) Upholding HPD "no beard" policy under Title VII and 42 U.S. § 1981 and established standard in Fifth Circuit.