Davis Mosmeyer

Davis G. Mosmeyer

Senior Counsel

Davis G. Mosmeyer

Senior Counsel

Davis Mosmeyer is an attorney with a practice focused on providing litigation, transactional, and intellectual property counseling to clients in the video game and esports industries, as well as commercial and intellectual property litigation.

Video Game and Esports Industry Counseling

As a lifelong video gamer and esports fan, Davis has leveraged the experience of a varied litigation practice to foster the growth and expansion of start-up video game developers, publishing companies, and esports companies. He works with 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.

Commercial and Intellectual Property Litigation

Davis’s commercial and intellectual property litigation practice covers a broad spectrum of disputes, including:

  • Pre- and post-merger/acquisition
  • Copyright, trademark, and trade secrets
  • Distributor-dealer and franchisor-franchisee relationships
  • Environmental contamination
  • Commercial disparagement and defamation
  • Texas Anti-SLAPP and Defamation Mitigation Act

Davis has practiced before state and federal courts across the country, including Texas, Delaware, California, Pennsylvania, Colorado, Minnesota, Ohio, Georgia, Louisiana, and New Mexico.

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

  • Secured a US $2.1m jury verdict for a client after a six-day copyright infringement trial in Texas federal court, where the jury found against the client’s competitor and a software developer for publishing an infringing copy of the client’s web-based software application.
  • After a four-day bench trial in Delaware federal court, secured a take-nothing judgment for a restaurant franchise defending against claims related to asset purchase agreement negotiations.
  • Drafted contest rules allowing for the expansion of an esports tournament participant pool to include international and minor players for an esports event company.
  • 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.
  • Successfully secured dismissal of business disparagement and defamation claims against a manufacturing client.
  • Secured a favorable settlement for an aerospace manufacturing client in environmental litigation, which required the prior owners of the manufacturing site to assume liability for remediation efforts.

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 L. Rev. 797, Fall 2016
03 April 2023 Deals and Wins

Foley Delivers Victory for Mueller Supply Co. in Copyright Case

Foley & Lardner LLP is pleased to announce it has won a federal jury trial on behalf of Mueller Supply Co., Inc. in a copyright infringement case, securing a permanent injunction and $2.1 million in damages from defendant JNL Steel Components, Inc.
20 March 2023 Deals and Wins

Foley Secures Trial Victory for Good Times Restaurants, Inc.

Foley & Lardner LLP announced today that it secured a trial victory for Good Times Restaurants, Inc. (Good Times) in defense of claims for breach of contract and the duty of good faith and fair dealing brought by White Winston Asset Select Funds, LLC (White Winston).
03 August 2022 Article

No Lag: Ensuring Labor-and-Employment Compliance in the Esports Industry

The esports industry is a breed apart. From a legal perspective, however, esports faces many of the same legal concerns as other industries.
02 May 2022 Labor & Employment Law Perspectives

No Lag: Ensuring Compliance with Labor and Employment Law in the Esports Industry

One of the key labor and employment issues facing the esports industry is the classification of players as either employees or independent contractors.
09 June 2021 Newsletters

Empty Promises: Contractual Modification Without Consideration Leaves Franchisee Without Recourse

Contractual deadline extensions are doled out as a matter of course—and as a matter of courtesy—every day. A franchisee learned a difficult lesson after years long litigation against the franchisor of his tax preparation business.