Jay D. Ellwanger

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Mr. Ellwanger’s practice involves the representation of both plaintiffs and defendants in a wide spectrum of commercial matters. Mr. Ellwanger has experience in cases involving intellectual property disputes, civil rights violations, employment litigation, business torts, and general breach of contract claims.

Mr. Ellwanger served as trial counsel to over 250 individual plaintiffs in one of the nation’s largest employment discrimination cases, Taylor, et al v. Turner Industries. The case was covered by CNN and the Wall Street Journal and resulted in a $4.05 million verdict in the “bellwether” trial of the first 10 individual plaintiffs– the largest employment discrimination jury verdict in Texas in 2012.

Mr. Ellwanger also represented sixteen plaintiffs in EEOC v. Allied Aviation, a class action racial discrimination lawsuit.  This case resulted in the largest settlement in the history of the Dallas office of the EEOC.  It garnered national media attention in the New York Times and the Los Angeles Times, as well as being featured on several national news broadcasts including Anderson Cooper’s 360 on CNN.

Mr. Ellwanger also secured a federal court jury verdict in excess of $1.2 million for breach of a patent license agreement, fraud, and violations of the Texas Deceptive Trade Practices Act.  Additionally, he has participated in a six-week arbitration which ultimately resulted in the successful defense of a $40 million securities fraud claim, and was a member of the team responsible for securing a $6 million dollar award following a three-week arbitration on a breach of contract claim.

Mr. Ellwanger has served as an Adjunct Professor in the Trial Advocacy Department at the University of Texas School of Law since 2003 and has lectured law students in Basic Trial Advocacy, Intensive Trial Skills, and Advanced Civil Litigation.  Mr. Ellwanger has also coached several interscholastic advocacy teams at the University of Texas.

University of Texas at Austin (B.A., with special honors, 1998)
University of Texas School of Law (J.D., Texas International Law Journal, Order of Barristers, 2001)

Licenses & Admissions
U.S. District Courts for the Northern, Eastern, Western, and Southern Districts of Texas

U.S. District Courts for the Northern, Eastern, Southern, and Central Districts of California
Licensed to practice in the state courts of Texas and California

U.S. Court of Appeals for the Federal Circuit.

Professional Affiliations
American Bar Association
State Bar of California
State Bar of Texas
Austin Bar Association
Austin Young Lawyer’s Association

Articles, Links and Details
Mr. Ellwanger has been named a “Texas Rising Star” in the area of Commercial Litigation and/or Intellectual Property Litigation by Texas Super Lawyers and Texas Monthly Magazine every year from 2007 to 2013 and has been named as a “Super Lawyer” from 2013 to 2016.

Mr. Ellwanger was honored as the recipient of the 2009 Austin Under 40 Award in the legal category.  The award is given annually by the Young Men’s Business League and the Young Women’s Alliance of Austin to allow Austinites to recognize their peers under the age of 40 who have achieved extraordinary professional success while simultaneously demonstrating outstanding community service.

Mr. Ellwanger co-authored with Andrew DiNovo, Prof. Tracy Walters McCormack, and Meredith Fitzpatrick the article “Ten Patent Litigation Questions for Texas District Court Judges,” which was published by the State Bar of Texas IP Litigation Committee in January 2009.

Mr. Ellwanger also served as a Panelist at the West Legalworks Seminar entitled Electronic Discovery after the New Federal Rules: Strategies for Coping with the Latest Challenges and Intricacies, addressing the topic of “Forensics 101:  When Does Your Case Warrant the Full ‘CSI’ Treatment?”

Mr. Ellwanger presented a speech on the topic of “Current Trends in Employment Litigation” at the 43rd Annual DeWitty/Overton Freedom Fund Banquet for the Austin Chapter of the NAACP in December 2008.  He also spoke on the topic of “Discrimination in the Workplace” at the KAZI SummerFest Community Forum in August 2008.

Mr. Ellwanger won first place at the 2000 National Institute for Trial Advocacy Tournament of Champions. After winning this national mock trial team championship, he was awarded the Niemann Cup by the University of Texas School of Law, which is given annually to the outstanding advocate of the graduating class. Mr. Ellwanger also received the University of Texas Peregrinus Counsul Award and the International Academy of Trial Lawyers Award in 2001. Mr. Ellwanger served as the Chair of the Board of Advocates in 2000-2001 and is currently a Barrister of the Robert W. Calvert chapter of the American Inns of Court.  Mr. Ellwanger is also a graduate of the Leadership Austin’s 2007-2008 Essential Class, serves as Chair of the Board of Urban Roots, and serves as Vice-Chair of the Board of Wheat Ridge Ministries.