David E. Frank is a founding member of Gierke Frank LLC. David has represented a wide range of clients including financial institutions manufacturers, professionals, government entities, real estate developers and construction contractors. His experience includes a variety of civil litigation at both the trial and appellate levels in state and federal courts. Prior to founding GF, David practiced at Bryan Cave LLP and a complex litigation boutique in Kansas City. He also spent seven years at a large Milwaukee law firm. David has presented to legal professionals on a number of topics including trial techniques, construction law, punitive damages and unique Wisconsin rules.
- Obtaining a defense verdict in favor of a manufacturer in a two-week federal jury trial on plaintiff’s $2 million claim, including a complete verdict on the manufacturer’s counterclaim.
- Securing a complete defense award for a Fortune 500 financial services company in a contract dispute before the American Arbitration Association, including attorneys’ fees and costs.
- Successfully defending global provider of financial services technology in an arbitration before the American Arbitration Association.
- Successfully defending international sub-sea services provider in a dispute with manufacturer and third-party lender.
- Winning an early dismissal for international manufacturer of heating and cooling equipment in a consumer defect claim.
- Winning a $6.3 million jury verdict in favor of a retail client in a complex three-week trial involving construction and environmental issues.
- Successfully arguing appeal for retail client before the Wisconsin Court of Appeals.
- In a case involving a financial institution, successfully obtaining dismissal of a claim for fraud before California and Wisconsin courts. Knox Enterprises, Inc. v. Jetzer, et al., 326 Wis. 2d 266, 787 N.W.2d 60 (Wis. Ct. App. 2010).
- Winning an early dismissal for a manufacturer and distributor of coach passenger buses that were both sued for negligence and strict product liability in connection with an alleged bus fire. Coach USA, Inc. et al. v. Van Hool N.V. et al., Slip Copy, 2007 WL 128335 (W.D. Wis. January 10, 2007) and Coach USA, Inc. et al. v. Van Hool N.V. et al., Slip Copy, 2006 WL.
- Successfully representing a significant creditor in a construction dispute before the Bankruptcy Appellate Panel for the Eighth Circuit. Wiley v. Hartzler (In re Wiley), 288 B.R. 818 (B.A.P. 8th Cir. 2003).
- Securing summary judgment in lender liability lawsuit and related foreclosure action.
- Securing a favorable settlement on behalf of a food producer in a dispute with a supplier related to quality and food safety.
- Winning at trial a no-liability judgment for a gasoline transportation company from a multimillion dollar claim resulting from an alleged breach of contract.
- Successfully representing a franchisee in a wrongful termination dispute with an international restaurant franchisor.
- Successfully representing a manufacturer in a misappropriation of trade secret and trade dress lawsuit in California.
- Representing a defendant pro bono on a constitutional issue before the United States Supreme Court.
- Representing a prisoner in a habeas corpus appeal before the Seventh Circuit Court of Appeals.
- Successfully representing a manufacturer in a trade secret case in Wisconsin.
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- J.D., with high honors, Drake University Law School; Order of the Coif
- B.A., University of Wisconsin-Madison (Behavioral Science and Political Science)
Awards & Accolades
- Martindale-Hubbell’s highest peer review rating of AV for legal ability and ethical standards
- Selected to Wisconsin Super Lawyers® (2014-17)
- Selected to Wisconsin Super Lawyers® Rising Stars (2011-2013)
- Leading Lawyers 2012-15, M Magazine
- Avvo’s highest rating of Superb
- State Bar of Wisconsin Pro Bono Honor Society inductee (2016)
- State Bar of Wisconsin
- State Bar of Missouri
- State Bar of Kansas (inactive)
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the Western District of Wisconsin
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Western District of Missouri
- U.S. District Court for the District of Kansas
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Supreme Court
- 2017 Top 3 Ethical Issues Facing In-House Counsel, Association of Corporate Counsel, Wisconsin Conference, Elkhart Lake, WI
- 2016 Mistakes Made By In-House Counsel When Litigating, Association of Corporate Counsel, Wisconsin Conference, Elkhart Lake, WI
- 2010 Law of Construction Defects and Failures, Milwaukee, WI
- 2008 Anatomy of a Wisconsin Jury Trial, Kohler, WI
- Elmbrook Education Foundation Board Member 2008-14 (President 2010-2014)
- Member of National Ski Patrol
- Member Ausblick Ski Hill
- Legal Advisor, Ausblick Ski Patrol Board
- Member Western Racquet Club (board Member 2015-2018)