For over three decades, David Vance Lucas has applied his legal, technological, and operational experience to craft strategic advice on intellectual property, international trade, and complex litigation matters. He accumulated much of this experience while serving as general counsel for a global technology company and later a clinical laboratory software company. David utilizes this experience and legal acumen to advise C-suites and boards of directors (public and private) on legal, compliance, and operational issues.

David has extensive experience in a variety of U.S. and foreign compliance environments, including foreign direct investment, export control, data protection, privacy, and special security requirements. He has protected, licensed, and litigated intellectual property rights throughout the U.S., U.K., and Europe and regularly advises private and public companies on the creation, implementation, and execution of strategic plans for intellectual property. He has held U.S. secret clearance, essential for certain specialized government matters, including mitigation of Foreign Ownership Control and Influence (FOCI) and Committee on Foreign Investment in the United States (CFIUS).

David is a contributing author and frequent speaker for legal and business organizations, including the American Bar Association, American Intellectual Property Lawyers Association, Alabama State Bar, American Legal Media, Federal Bar Association, Federal Circuit Bar Association, and the University of Alabama School of Law.

Representative Experience

Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

  • Represented Cimarron Composites, a U.S. designer and manufacturer of carbon fiber composite pressurized vessels, on diligence, submissions, and approvals involving the Directorate of Defense Trade Control, Office of Foreign Asset Control, the Department of Treasury, Department of Commerce, Department of Defense, National Aeronautics and Space Administration and Committee on Foreign Investment in the United States required for Cimarron’s sale to Hanwha Solutions (a South Korean conglomerate).
  • Represented Intergraph in its $1.3 billion public sale to Texas Pacific Group, Hellman & Friedman, and JMI Equity. 
  • Represented Intergraph in its $2.125 billion sale to Hexagon Group AB, including required CFIUS and FOCI clearances.
  • Intergraph Corp. v. Intel Corp., United States District Court, N.D. Alabama, Northeastern Division (March 10, 2000; 88 F.Supp.2d 1288)
  • Represented CFD Research Corporation in the negotiation and sale of its “Piloted Airblast Lean Direct Fuel Injector” (US Patent No. 6,272,840) to Rolls-Royce, which enables significantly lower aircraft gas turbine engine emissions while generating greater performance and efficiency.
     

Selected Report Decisions

Complex Litigation

  • Bentley Systems, Inc. v. Intergraph Corp., United States District Court, E.D. Pennsylvania. November 16, 1998 Not Reported in F.Supp.2d
  • eLab Consulting Services, Inc. v. Millennium Laboratories, Inc.; USDC, N.D., AL, Civil Action No. 5:12-cv-2009-RRA
  • eLab Consulting Services, Inc. v. PST Services, Inc., McKesson Corporation and McKesson Technologies, Inc., Madison County Circuit Court, AL; 47-CV-2013-900446

Intellectual Property

  • American Imaging Services, Inc. v. Intergraph Corp., Supreme Court of the United States January 08, 2001 531 U.S. 1071
  • American Imaging Services, Inc. v. Intergraph Corp., United States Court of Appeals, Federal Circuit. March 16, 2004 94 Fed.Appx. 837
  • Hewlett-Packard Co. v. Intergraph Corp., United States District Court, N.D. California. January 03, 2005 Not Reported in F.Supp.2d
  • Intergraph Corp. v. Intel Corp., United States Court of Appeals, Federal Circuit. February 11, 2004 89 Fed.Appx. 218
  • Intergraph Corp. v. Intel Corp., United States District Court, E.D. Texas, Marshall Division. June 18, 2002 Slip Copy
  • Intergraph Corp. v. Intel Corp., United States District Court, N.D. Alabama, Northeastern Division. March 10, 2000 88 F.Supp.2d 1288
  • Intergraph Hardware Technologies Co. v. Dell, Inc., United States District Court, E.D. Texas, Marshall Division. January 16, 2009 Slip Copy
  • Intergraph Hardware Technologies Co. v. Hewlett Packard Co., United States Court of Appeals, Federal Circuit. March 20, 2009 331 Fed.Appx. 729
  • Intergraph Hardware Technologies Co. v. Hewlett-Packard Co., United States District Court, E.D. Texas, Marshall Division. July 01, 2004 Not Reported in F.Supp.2d
  • Intergraph Hardware Technologies Co. v. Toshiba Corp., United States District Court, N.D. California. August 02, 2007 508 F.Supp.2d 752
  • Intergraph v. Fujitsu Siemens, Landgericht Hamburg, Deutschland
  • Pruitt v. Intergraph Corp., United States Court of Appeals, Eleventh Circuit. December 02, 1987 835 F.2d 290
  • Sibley v. Intergraph Corp., United States District Court, E.D. Louisiana. September 20, 1996 Not Reported in F.Supp.
  • Klausner Technologies, Inc. v. Aastra Technologies Ltd., et al., United States District Court, E.D. Texas, Marshall Division, ADTRAN transferred to the United States District Court, N.D. Alabama, Northeastern Division, 6:11-cv-00480-LED-JDL
  • Schlumberger Technology Corporation v. Borets Weatherford U.S., Inc. et al., United States District Court, E.D. Texas, Marshall Division, 2:12-cv-00613-JRG-RSP
  • Hewlett-Packard Co. v. Intergraph Corp., Landgericht Mannheim, Deutschland, Defense verdict not reported
     

Thought Leadership

Publications

  • Co-Author, “Executive Order Clarifies Focus and Five Factors for Future CFIUS Reviews,” Client Alert, September 28, 2022
  • Author, “Implications of the Use of the Defense Production Act in the U.S. Supply Chain,” Client Alert, May 19, 2022
  • Co-Author, “Bradley Update on U.S. Restrictions on Russia and Region,” Client Alert, March 16, 2022
  • Co-Author, “Continuing Effort to Protect National Security Data and Networks,” Client Alert, November 16, 2021
  • Author, “CFIUS Expansion Into Agricultural Supply Chain and Genomics Tools,” Business Alabama, November 1, 2021
  • Author, “Further Expansion of U.S. Regulation of Foreign Direct Investment,” Client Alert, October 20, 2021
  • Co-Author, “For Alabama Companies Doing Business in Afghanistan, Some Legal Thoughts,” Business Alabama, September 16, 2021
  • Co-Author, “Collapse of Afghanistan – Operational and Compliance Considerations,” Client Alert, August 17, 2021
  • Co-Author, “Landlords Must Disclose Foreign Ownership to Federal Lessees,” Client Alert, July 14, 2021
  • Co-Author, “New ‘Basic Assessment’ Is a Bridge to CMMC for Defense Contractors,” Client Alert, November 12, 2020
  • Author, “Continuing Increase in Regulation of Foreign Direct Investment: Final Part?,” Client Alert, October 14, 2020
  • Co-Author, “DoD Has Two New Cybersecurity Frameworks,” Client Alert, October 6, 2020
  • Author, “Schrems II, Part 2 – Additional Guidance for the Transfer of Personal Data Between the EU and US,” Client Alert, September 10, 2020
  • Author, “Schrems II – Guidance for the Transfer of Personal Data Between the European Union and the United States,” Client Alert, July 21, 2020
  • Author, “Post-COVID, Foreign Investment Rules Tighten,” Business Alabama, May 26, 2020
  • Author, “Invested in a Foreign Enterprise? Don’t Miss the May 29 Mandatory Filing Deadline for the BEA Benchmark Survey,” Client Alert, May 19, 2020
  • Author, “Foreign Direct Investment COVID-19 Update,” Client Alert, May 13, 2020
  • Author, “Trade Agreements and COVID-19: New Medical Supply Tariff Exclusions,” Client Alert, April 16, 2020
  • Co-Author, “Trade Agreements and COVID-19: A Changing Relationship,” Client Alert, March 25, 2020

Presentations

  • Speaker, “An Introduction to Foreign Ownership Control and Influence (FOCI)," Alabama Small Business Development Center Network and University of Alabama APEX Accelerator, September 21, 2023
  • Speaker, “Foundation of International Principles and Treaties on Space,” Open Geospatial Consortium Geo in Space Workshop, July 26, 2023 
  • Co-Presenter, “Fostering a Geospatial Ecosystem,” Geospatial Advantage Conference, November 29, 2022
  • Speaker, “Emerging Technologies Controls and Compliance,” Space and Missile Defense Symposium – Technical Tract, August 10, 2021
  • Co-Presenter, “Opportunities in Trade and Investment Around the Globe: A Look at Emerging Opportunities in Asia, Europe, and the Americas,” World Services Group Trade and Investment Practice Group Webinar, May 11, 2021
  • Panelist, “Cross-Border Law and Technology Subcommittee Meeting – Cyberspace Law,” American Bar Association, Business Law Virtual Section Annual Meeting, September 22, 2020
  • Co-Speaker, “Cybersecurity Health and Compliance: Cybersecurity Best Practices in Commercial Businesses and Government Contracting,” ABC Webinar, July 7, 2020 
     

Honors & Awards

  • Recognized in The Best Lawyers in America (BL Rankings), International Mergers & Acquisitions (2022-Present); International Trade and Finance Law (2023-Present); Litigation – Intellectual Property (2022-Present); Trade Secrets Law (2022-Present)

Professional Engagement

  • American Bar Association
    • Intellectual Property, International, and Business Law Sections
  • American Intellectual Property Lawyers Association
  • Alabama Bar Association
    • Intellectual Property Section, Founder and Former Chair
    • Committee on Disciplinary Rules and Enforcement, Electronic Metadata Rules Subcommittee
  • AlabamaGermany Partnership, Board Member, 2023-Present
  • Federal Bar Association
  • Federal Circuit Bar Association
  • GEOHuntsville, Executive Director and Board Member
  • HudsonAlpha Institute for Biotechnology, Foundation Board Member
  • Huntsville Botanical Gardens, Foundation Board Member and Chair
  • Huntsville Advisory Council on Economic Development
  • Huntsville First United Methodist Church, Trustee
  • Huntsville/Madison County Chamber of Commerce, Leadership Alumni
  • Huntsville/Madison County Bar Association, Fee Dispute Committee, Former Vice-Chair
  • Intergraph India, Board Member
  • Mayor's Research & Technology Advisory Council
  • National Defense Industrial Association
  • North Alabama International Trade Association, Corporate Representative
  • Open Geospatial Consortium (OGC), Associate Member
  • Randolph School, Board Member
  • University of Alabama, Culverhouse College of Commerce and Business Administration, Executives Society
  • University of Alabama School of Law, Farrah Law Society
     

Languages

German

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