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David Ogles

David Ogles

Partner

123 N. Wacker Drive
21st Floor
Chicago, IL 60606
T 312.376.1042
david.ogles@nelsonmullins.com
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David is a trusted strategic advisor and advocate for businesses and high net-worth individuals, and has achieved outstanding outcomes and return on investment in high-stakes cases for plaintiffs and defendants across the country.  

David’s extensive experience litigating commercial contract and business tort cases spans a wide variety of disputes and areas of law, including antitrust,...

David is a trusted strategic advisor and advocate for businesses and high net-worth individuals, and has achieved outstanding outcomes and return on investment in high-stakes cases for plaintiffs and defendants across the country.  

David’s extensive experience litigating commercial contract and business tort cases spans a wide variety of disputes and areas of law, including antitrust, bankruptcy litigation, class and mass actions, employment and restrictive covenants, insurance and asset recovery, intellectual property and trade secrets, real estate, and post-transactional matters such as earn outs and indemnity claims.  He is often called upon to represent clients involving financial wrongdoing or complex damages issues, including those involving fraud and fiduciary duties.   

David is proud to have represented manufacturers and distributors throughout his career, and also serves as outside general counsel for non-profits, social enterprise, and startups.   

David was named as a Thomson Reuters Stand Out Lawyer, 2025, and recognized in Illinois Super Lawyers in Business Litigation, 2025.

David Ogles

bankruptcy litigation, class and mass actions, employment and restrictive covenants, insurance and asset recovery, intellectual property and trade secrets, real estate, and post-transactional matters such as earn outs and indemnity claims.  He is often called upon to represent clients involving financial wrongdoing or complex damages issues, including those involving fraud and fiduciary duties.   

David is proud to have represented manufacturers and distributors throughout his career, and also serves as outside general counsel for non-profits, social enterprise, and startups.   

David was named as a Thomson Reuters Stand Out Lawyer, 2025, and recognized in Illinois Super Lawyers in Business Litigation, 2025.

Experience

The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Professional Experience

  • Partner, Chicago-based boutique firm (2019–2024)
  • Litigation Associate, international business firm (2015–2019)
  • Litigation Associate, large, multi-faceted firm (2012–2015) 

Representative Matters

  • Business-to-Business Disputes
    • Defend distributor of fueling systems in breach of contract and tortious interference claims arising from alleged breach of NDA and interference with competitor’s non-compete claims. 
    • Defend SaaS business against wrongful termination and breach of restrictive covenant claims asserted by upstream vendor.
    • Prosecute claims for international luxury hotel chain in actions to expel hotel management company and seek damages arising from breach and alleged fraud. Defendant voluntarily agreed to relief requested after leading argument on temporary restraining order (TRO).
    • Defend a software business offering services to Cook County jails against competitor asserting fraud in procurement process. Led arguments, defeating TRO and prevailing on motion to dismiss.
    • Defend manufacturer in arbitration concerning sales commission dispute.
    • Prosecute federal fraud and breach of contract case for plaintiff customer to recover implementation and licensing fees paid arising from failed implementation of Microsoft D365.
    • Defend financial services firm against claim for withheld commissions, and counterclaim for undisclosed failure to operate without a license.
    • Represent equipment manufacturer against distributor asserting wrongful termination.
    • Intervene on behalf of petroleum distributor in termination fight between competitor and retailer.
    • Judgment on the pleadings for fast food chain, authorizing termination of franchise.
    • Landlord-tenant action on behalf of tenant for diminution of rental value and lost profits.
  • Fraud and Fraudulent Transfers
    • Prosecute claims for international non-profit organization alleging honest services fraud scheme by executive and outside vendor located in Canada, managing cross-border asset recovery team.
    • Prosecute claims for international non-profit organization alleging vendor failed to timely mail solicitations and concealed misconduct by forgery.
    • Prosecute claims on behalf of investor victimized by multi-year fraud scheme in ventures to acquire and flip residential properties. 
    • Prosecute computer fraud and unjust enrichment claims against individual who misappropriated trust fund assets belonging to clients.
    • Defend import/exporter against fraud action brought by business partner arising from alleged international investment scam.
    • Represent defendant in $80m+ fraudulent transfer and successor liability trial before bankruptcy court in Florida. Led REV / damages expert teams.
    • Prosecuted claims on behalf of automobile dealer alleging a nationwide fraudulent scheme to falsify sales numbers in exchange for kickbacks to competitors.
    • Investigate and prosecute fraudulent transfer and fiduciary breach claims on behalf of Chapter 11 debtors, and defend fraudulent transfer and preference actions for creditors.
  • M&A and Fiduciary Duty Disputes
    • Prosecute claims on behalf of minority shareholder for breach of notes and diversion of corporate opportunities.
    • Prosecute breach of contract, tortious interference, and fiduciary duty claims on behalf of former executive for failure to honor stock option agreement.
    • Prosecute and defend claims for acquisition target in net working capital and indemnity dispute.
    • Prosecute claims for acquisition target in earn-out dispute against international distributor.
    • Defend buyer in post-closing dispute arising from alleged suppression of earn-out.
    • Defend seller in post-closing dispute arising from alleged misappropriation of tax benefits.
    • Defend real estate magnate against RICO and fiduciary breach claims.
    • Numerous fiduciary duty, partnership, LLC governance and distribution disputes.
  • Employment / Trade Secret
    • Defend hedge fund manager in trade secret and tortious interference claims arising from hiring of competitor’s former vice president.
    • Prosecute claims for plaintiff manufacturer in trade secret and breach of fiduciary duty case filed against former employees and competitor. Case confidentially settled and resulted in consent decree against competitor and its employees.
    • Defend federal employment discrimination case on behalf of international non-profit organization. Case confidentially settled after conducting trade secret misappropriation investigation and sharing results with plaintiffs.
    • Prosecute case against former employees who operated competing business while still working for client, diverting business opportunities.
    • Defend trade secret and non-solicitation claims asserted by competitor in aftermarket automotive parts industry.
  • Consumer Fraud
    • Defend financial institution in multiple consumer financial claims alleging negligence in processing fraudulent or unauthorized checks.
    • Defend international restaurant chain in multiple class actions alleging consumer fraud.
    • Defend pharmaceutical company in failure to warn claims arising from alleged injuries caused by SSRIs.
  • Insurance Recovery
    • Prosecute fidelity insurance claim for insured, obtaining offensive summary judgment for client, and arguing before Sixth Circuit to affirm ruling.
    • Prosecute casualty claim for restaurant group arising from water damage.
    • Prosecute casualty claim for real estate investment firm arising from collapse of buildings.
    • Defend insurance broker in professional negligence matter seeking more than $1 billion arising from alleged gap in coverage for Hurricane Katrina.
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Professional Experience

  • Partner, Chicago-based boutique firm (2019–2024)
  • Litigation Associate, international business firm (2015–2019)
  • Litigation Associate, large, multi-faceted firm (2012–2015) 

Representative Matters

  • Business-to-Business Disputes
    • Defend distributor of fueling systems in breach of contract and tortious interference claims arising from alleged breach of NDA and interference with competitor’s non-compete claims. 
    • Defend SaaS business against wrongful termination and breach of restrictive covenant claims asserted by upstream vendor.
    • Prosecute claims for international luxury hotel chain in actions to expel hotel management company and seek damages arising from breach and alleged fraud. Defendant voluntarily agreed to relief requested after leading argument on temporary restraining order (TRO).
    • Defend a software business offering services to Cook County jails against competitor asserting fraud in procurement process. Led arguments, defeating TRO and prevailing on motion to dismiss.
    • Defend manufacturer in arbitration concerning sales commission dispute.
    • Prosecute federal fraud and breach of contract case for plaintiff customer to recover implementation and licensing fees paid arising from failed implementation of Microsoft D365.
    • Defend financial services firm against claim for withheld commissions, and counterclaim for undisclosed failure to operate without a license.
    • Represent equipment manufacturer against distributor asserting wrongful termination.
    • Intervene on behalf of petroleum distributor in termination fight between competitor and retailer.
    • Judgment on the pleadings for fast food chain, authorizing termination of franchise.
    • Landlord-tenant action on behalf of tenant for diminution of rental value and lost profits.
  • Fraud and Fraudulent Transfers
    • Prosecute claims for international non-profit organization alleging honest services fraud scheme by executive and outside vendor located in Canada, managing cross-border asset recovery team.
    • Prosecute claims for international non-profit organization alleging vendor failed to timely mail solicitations and concealed misconduct by forgery.
    • Prosecute claims on behalf of investor victimized by multi-year fraud scheme in ventures to acquire and flip residential properties. 
    • Prosecute computer fraud and unjust enrichment claims against individual who misappropriated trust fund assets belonging to clients.
    • Defend import/exporter against fraud action brought by business partner arising from alleged international investment scam.
    • Represent defendant in $80m+ fraudulent transfer and successor liability trial before bankruptcy court in Florida. Led REV / damages expert teams.
    • Prosecuted claims on behalf of automobile dealer alleging a nationwide fraudulent scheme to falsify sales numbers in exchange for kickbacks to competitors.
    • Investigate and prosecute fraudulent transfer and fiduciary breach claims on behalf of Chapter 11 debtors, and defend fraudulent transfer and preference actions for creditors.
  • M&A and Fiduciary Duty Disputes
    • Prosecute claims on behalf of minority shareholder for breach of notes and diversion of corporate opportunities.
    • Prosecute breach of contract, tortious interference, and fiduciary duty claims on behalf of former executive for failure to honor stock option agreement.
    • Prosecute and defend claims for acquisition target in net working capital and indemnity dispute.
    • Prosecute claims for acquisition target in earn-out dispute against international distributor.
    • Defend buyer in post-closing dispute arising from alleged suppression of earn-out.
    • Defend seller in post-closing dispute arising from alleged misappropriation of tax benefits.
    • Defend real estate magnate against RICO and fiduciary breach claims.
    • Numerous fiduciary duty, partnership, LLC governance and distribution disputes.
  • Employment / Trade Secret
    • Defend hedge fund manager in trade secret and tortious interference claims arising from hiring of competitor’s former vice president.
    • Prosecute claims for plaintiff manufacturer in trade secret and breach of fiduciary duty case filed against former employees and competitor. Case confidentially settled and resulted in consent decree against competitor and its employees.
    • Defend federal employment discrimination case on behalf of international non-profit organization. Case confidentially settled after conducting trade secret misappropriation investigation and sharing results with plaintiffs.
    • Prosecute case against former employees who operated competing business while still working for client, diverting business opportunities.
    • Defend trade secret and non-solicitation claims asserted by competitor in aftermarket automotive parts industry.
  • Consumer Fraud
    • Defend financial institution in multiple consumer financial claims alleging negligence in processing fraudulent or unauthorized checks.
    • Defend international restaurant chain in multiple class actions alleging consumer fraud.
    • Defend pharmaceutical company in failure to warn claims arising from alleged injuries caused by SSRIs.
  • Insurance Recovery
    • Prosecute fidelity insurance claim for insured, obtaining offensive summary judgment for client, and arguing before Sixth Circuit to affirm ruling.
    • Prosecute casualty claim for restaurant group arising from water damage.
    • Prosecute casualty claim for real estate investment firm arising from collapse of buildings.
    • Defend insurance broker in professional negligence matter seeking more than $1 billion arising from alleged gap in coverage for Hurricane Katrina.

Media

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Recognitions

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

Professional Activities

  • Chicago Lawyers Committee for Civil Rights, Settlement Assistance Program

David is a trusted strategic advisor and advocate for businesses and high net-worth individuals, and has achieved outstanding outcomes and return on investment in high-stakes cases for plaintiffs and defendants across the country.  

David’s extensive experience litigating commercial contract and business tort cases spans a wide variety of disputes and areas of law, including antitrust,... bankruptcy litigation, class and mass actions, employment and restrictive covenants, insurance and asset recovery, intellectual property and trade secrets, real estate, and post-transactional matters such as earn outs and indemnity claims.  He is often called upon to represent clients involving financial wrongdoing or complex damages issues, including those involving fraud and fiduciary duties.   

David is proud to have represented manufacturers and distributors throughout his career, and also serves as outside general counsel for non-profits, social enterprise, and startups.   

David was named as a Thomson Reuters Stand Out Lawyer, 2025, and recognized in Illinois Super Lawyers in Business Litigation, 2025.

Experience

The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Professional Experience

  • Partner, Chicago-based boutique firm (2019–2024)
  • Litigation Associate, international business firm (2015–2019)
  • Litigation Associate, large, multi-faceted firm (2012–2015) 

Representative Matters

  • Business-to-Business Disputes
    • Defend distributor of fueling systems in breach of contract and tortious interference claims arising from alleged breach of NDA and interference with competitor’s non-compete claims. 
    • Defend SaaS business against wrongful termination and breach of restrictive covenant claims asserted by upstream vendor.
    • Prosecute claims for international luxury hotel chain in actions to expel hotel management company and seek damages arising from breach and alleged fraud. Defendant voluntarily agreed to relief requested after leading argument on temporary restraining order (TRO).
    • Defend a software business offering services to Cook County jails against competitor asserting fraud in procurement process. Led arguments, defeating TRO and prevailing on motion to dismiss.
    • Defend manufacturer in arbitration concerning sales commission dispute.
    • Prosecute federal fraud and breach of contract case for plaintiff customer to recover implementation and licensing fees paid arising from failed implementation of Microsoft D365.
    • Defend financial services firm against claim for withheld commissions, and counterclaim for undisclosed failure to operate without a license.
    • Represent equipment manufacturer against distributor asserting wrongful termination.
    • Intervene on behalf of petroleum distributor in termination fight between competitor and retailer.
    • Judgment on the pleadings for fast food chain, authorizing termination of franchise.
    • Landlord-tenant action on behalf of tenant for diminution of rental value and lost profits.
  • Fraud and Fraudulent Transfers
    • Prosecute claims for international non-profit organization alleging honest services fraud scheme by executive and outside vendor located in Canada, managing cross-border asset recovery team.
    • Prosecute claims for international non-profit organization alleging vendor failed to timely mail solicitations and concealed misconduct by forgery.
    • Prosecute claims on behalf of investor victimized by multi-year fraud scheme in ventures to acquire and flip residential properties. 
    • Prosecute computer fraud and unjust enrichment claims against individual who misappropriated trust fund assets belonging to clients.
    • Defend import/exporter against fraud action brought by business partner arising from alleged international investment scam.
    • Represent defendant in $80m+ fraudulent transfer and successor liability trial before bankruptcy court in Florida. Led REV / damages expert teams.
    • Prosecuted claims on behalf of automobile dealer alleging a nationwide fraudulent scheme to falsify sales numbers in exchange for kickbacks to competitors.
    • Investigate and prosecute fraudulent transfer and fiduciary breach claims on behalf of Chapter 11 debtors, and defend fraudulent transfer and preference actions for creditors.
  • M&A and Fiduciary Duty Disputes
    • Prosecute claims on behalf of minority shareholder for breach of notes and diversion of corporate opportunities.
    • Prosecute breach of contract, tortious interference, and fiduciary duty claims on behalf of former executive for failure to honor stock option agreement.
    • Prosecute and defend claims for acquisition target in net working capital and indemnity dispute.
    • Prosecute claims for acquisition target in earn-out dispute against international distributor.
    • Defend buyer in post-closing dispute arising from alleged suppression of earn-out.
    • Defend seller in post-closing dispute arising from alleged misappropriation of tax benefits.
    • Defend real estate magnate against RICO and fiduciary breach claims.
    • Numerous fiduciary duty, partnership, LLC governance and distribution disputes.
  • Employment / Trade Secret
    • Defend hedge fund manager in trade secret and tortious interference claims arising from hiring of competitor’s former vice president.
    • Prosecute claims for plaintiff manufacturer in trade secret and breach of fiduciary duty case filed against former employees and competitor. Case confidentially settled and resulted in consent decree against competitor and its employees.
    • Defend federal employment discrimination case on behalf of international non-profit organization. Case confidentially settled after conducting trade secret misappropriation investigation and sharing results with plaintiffs.
    • Prosecute case against former employees who operated competing business while still working for client, diverting business opportunities.
    • Defend trade secret and non-solicitation claims asserted by competitor in aftermarket automotive parts industry.
  • Consumer Fraud
    • Defend financial institution in multiple consumer financial claims alleging negligence in processing fraudulent or unauthorized checks.
    • Defend international restaurant chain in multiple class actions alleging consumer fraud.
    • Defend pharmaceutical company in failure to warn claims arising from alleged injuries caused by SSRIs.
  • Insurance Recovery
    • Prosecute fidelity insurance claim for insured, obtaining offensive summary judgment for client, and arguing before Sixth Circuit to affirm ruling.
    • Prosecute casualty claim for restaurant group arising from water damage.
    • Prosecute casualty claim for real estate investment firm arising from collapse of buildings.
    • Defend insurance broker in professional negligence matter seeking more than $1 billion arising from alleged gap in coverage for Hurricane Katrina.

Education

  • University of Chicago Law School, JD, high honors (2012)
    • Order of the Coif
    • Member, The University of Chicago Law Review
    • Kirkland & Ellis Scholar (top 5% of class)
    • Thomas R. Mulroy Prize for Excellence in Appellate Advocacy and Oral Argument
  • Emory University, BA, Economics and Philosophy (2007)

Admissions

  • Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. Bankruptcy Court for the Northern District of Illinois
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • Chicago Lawyers Committee for Civil Rights, Settlement Assistance Program