Practice Areas

    Intellectual Property

    Commercial Litigation

    Intellectual Property Litigation

    Technology

    Alternative Dispute Resolution

   Electronic Discovery

   Employment Litigation

Jay D. Ellwanger


Jay D. Ellwanger

Practice Concentration & Experience
Mr. Ellwanger’s practice involves the representation of both plaintiffs and defendants in a wide spectrum of commercial matters. Mr. Ellwanger has experience in cases involving business torts, intellectual property disputes, civil rights violations, employment litigation, alleged violations of state and federal securities laws, commercial landlord-tenant disputes, and general breach of contract claims.

Mr. Ellwanger represented sixteen plaintiffs in EEOC v. Allied Aviation, a class action racial discrimination lawsuit.  This case resulted in the largest settlement in the history of the Dallas office of the EEOC.  It garnered national media attention in the New York Times and the Los Angeles Times, as well as being featured on several national news broadcasts including Anderson Cooper's 360 on CNN.

Mr. Ellwanger also recently secured a federal court jury verdict in excess of $1.2 million for breach of a patent license agreement, fraud, and violations of the Texas Deceptive Trade Practices Act.  Additionally, he has participated in a six-week arbitration which ultimately resulted in the successful defense of a $40 million securities fraud claim, and was a member of the team responsible for securing a $6 million dollar award following a three-week arbitration on a breach of contract claim. Mr. Ellwanger frequently advises clients in the area of electronic discovery, including document retention policies, electronic data preservation and collection protocols, and the management of electronic document review teams. Mr. Ellwanger has coordinated the collection, processing, production, and review of large amounts of electronic data in complex commercial litigation.

Mr. Ellwanger serves as an Instructor in the Trial Advocacy Department at the University of Texas School of Law and has lectured law students in Basic Trial Advocacy, Intensive Trial Skills, and Advanced Civil Litigation.  Mr. Ellwanger has also coached several interscholastic advocacy teams at the University of Texas.

Education
University of Texas at Austin (B.A., with special honors, 1998)
University of Texas School of Law (J.D., Texas International Law Journal, Order of Barristers, 2001)

Licenses & Admissions
U.S. District Courts for the Northern, Eastern and Western Districts of Texas
U.S. District Courts for the Northern, Eastern, Southern, and Central Districts of California
Licensed to practice in the state courts of Texas and California

Professional Affiliations
American Bar Association
State Bar of California
State Bar of Texas
The College of the State Bar of Texas
Austin Bar Association
Austin Young Lawyer's Association

Articles, Links and Details
Mr. Ellwanger was recently honored as the recipient of the 2009 Austin Under 40 Award in the legal category.  The award is given annually by the Young Men's Business League and the Young Women's Alliance of Austin to allow Austinites to recognize their peers under the age of 40 who have achieved extraordinary professional success while simultaneously demonstrating outstanding community service.

Mr. Ellwanger has been named a “Texas Rising Star” in the area of Commercial Litigation by Texas Super Lawyers and Texas Monthly Magazine in 2007, 2008, and 2009. 
He recently co-authored with Andrew DiNovo, Prof. Tracy Walters McCormack, and Meredith Fitzpatrick the article "Ten Patent Litigation Questions for Texas District Court Judges," which was published by the State Bar of Texas IP Litigation Committee in January 2009.

Mr. Ellwanger also recently served as a Panelist at the West Legalworks Seminar entitled Electronic Discovery after the New Federal Rules: Strategies for Coping with the Latest Challenges and Intricacies, addressing the topic of "Forensics 101:  When Does Your Case Warrant the Full 'CSI' Treatment?"

Mr. Ellwanger presented a speech on the topic of “Current Trends in Employment Litigation” at the 43rd Annual DeWitty/Overton Freedom Fund Banquet for the Austin Chapter of the NAACP in December 2008.  He also spoke on the topic of “Discrimination in the Workplace” at the KAZI SummerFest Community Forum in August 2008.

Mr. Ellwanger won first place at the 2000 National Institute for Trial Advocacy Tournament of Champions. After winning this national mock trial team championship, he was awarded the Niemann Cup by the University of Texas School of Law, which is given annually to the outstanding advocate of the graduating class. Mr. Ellwanger also received the University of Texas Peregrinus Counsul Award and the International Academy of Trial Lawyers Award in 2001. Mr. Ellwanger served as the Chair of the Board of Advocates in 2000-2001 and is currently a member of the Robert W. Calvert chapter of the American Inns of Court.  Mr. Ellwanger is also a graduate of the Leadership Austin's 2007-2008 Essential Class.
 



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