Davis G. Mosmeyer
Senior Counsel
Davis G. Mosmeyer III is a member of the firm’s Appellate Practice Group and the National Co-Chair of Foley’s Asylum/Immigration Working Group.
Davis is a seasoned appellate advocate with substantial experience representing clients in complex commercial disputes, bankruptcy-related matters, intellectual property litigation, and other high-stakes business litigation. He focuses his practice on appeals and critical trial-level motions practice, helping clients navigate significant legal issues at both the trial and appellate levels.
Davis has extensive experience handling appeals in state and federal courts across the country, including matters involving complex statutory interpretation, procedural issues, and significant business disputes. He has represented clients throughout all stages of the appellate process and has developed a reputation for clear, persuasive written advocacy and strategic legal analysis.
As an appellate lawyer, Davis assists clients in all aspects of appellate practice, including developing appellate strategy, preparing briefs and dispositive motions, presenting oral arguments, drafting petitions for review and rehearing, and advising trial teams on preserving error and positioning cases for appeal. He also regularly works with litigators before and during trial to identify and address issues that may have appellate significance, ensuring that the record is properly developed and that clients are positioned for success both in the trial court and on appeal. Davis routinely supports trial counsel on the preparation of their case – analyzing causes of action and defenses, amending pleadings, revising proposed orders, drafting proposed jury charges, preparing the pretrial order, arguing the jury charge conference, and drafting post-verdict motions – as well as handling petitions for writ of mandamus or interlocutory appeals on an emergency basis.
Davis also assists start-up video game developers, publishing companies, and esports companies. He works with these clients on all facets of their business, including securing copyright and trademark registrations, negotiating licensing and publishing agreements, and advising industry participants on best-practices and contest rules. Davis prides himself on understanding the issues facing this fast-growing industry and providing guidance that aligns with clients’ business goals.
Prior to joining the firm, Davis completed a judicial externship with Federal Magistrate Judge Jeff Manske in the Western District of Texas, where he drafted reports and recommendations on misappropriation of trade secret claims and habeas corpus petitions.
Representative Experience
- Successfully represented client, a restaurant chain, in an appeal before the Third Circuit resulting in reversal of dismissal of claims for breach of a covenant not to sue at summary judgment, rendering of judgment in client’s favor, and award of attorneys’ fees.
- Successfully represented client, a financial services company, in an appeal before the Fifth Circuit resulting in the upholding of an award of attorneys’ fees for violation of a non-suit injunction.
- Successfully represented client, a cryptocurrency company, in an interlocutory appeal before the Texas Third Court of Appeals that resulted in the dissolution of a temporary injunction.
- Successfully represented client, an equipment manufacturer, in an appeal before the Sixth Circuit that resulted in the affirmation of the trial court’s dismissal of a dealer’s claim under the Michigan Farm and Utility Equipment Act.
- Successfully represented client, a cryptocurrency company, as appellate support for the trial team that secured a favorable settlement after two days of a projected six-day jury trial.
- Successfully represented client, a restaurant chain, in a four-day bench trial in Delaware federal court that resulted in a take-nothing judgment for private equity fund bringing claims related to asset purchase agreement negotiations.
- Successfully represented client, a steel building manufacturer, in a six-day jury trial in Texas federal court that resulted in a US $2.1m jury verdict for copyright infringement.
- Successfully represented client, a textile manufacturer, in a Texas state court lawsuit that resulted in dismissal of business disparagement and defamation claims brought by a competing business.
- Successfully represented client, an aerospace manufacturing client, in a California state court lawsuit resulting in a favorable settlement that required the prior owners of a manufacturing site to assume liability for remediation efforts.
- Drafted contest rules allowing for the expansion of an esports tournament participant pool to include international and minor players for an esports event company.
- Drafted data security and privacy policies and terms of use for an AI music sharing application.
- Assisted a video game developer in a comprehensive inventory of its intellectual property assets and prepared copyright and trademark registrations to secure protection for these assets.
- Negotiated a publishing agreement for a video game developer providing for marketing/promotional services, financial investment, and porting of the title to consoles.
- Assisted a video game convention company in navigating labor and employment issues by drafting rules and regulations for staff members at its events.
Awards and Recognition
- Super Lawyers, Rising Star: Top Rated Appellate Lawyer (2025-2026)
Affiliations
- Member, Texas State Bar
Community Involvement
Davis dedicates a significant portion of his time to representing asylum applicants in proceedings before the Immigration Court, Board of Immigration Appeals, and Fifth Circuit Court of Appeals, as well as assisting with administrative matters before governmental agencies such as the United States Citizenship and Immigration Services. Davis also counsels military veterans through firm-sponsored legal clinics held at the Department of Veterans Affairs Hospital.
Presentations and Publications
- No Lag: Ensuring Compliance with Labor and Employment Law in the Esports Industry, Texas Lawyer (August 3, 2022)
- Empty Promises: Contractual Modification Without Consideration Leaves Franchisee Without Recourse, Foley Insights (June 9, 2021)
- Ubi Jus Ibi Remedium: The Gap in Texas Courts’ Protection of Mineral Owners Against Unpermitted Seismic Exploration Without Physical Entry, 69 Baylor Law Review 797 (Fall 2016)
Texas Adopts the Uniform Interstate Depositions and Discovery Act
Foley Team Receives ‘Litigator of the Week’ Shout Out for Trial Victory in Bankruptcy Case
