David W. Hutton Curriculum Vitae
David W. Hutton is a contract attorney engaged in international and domestic transactions for businesses; especially those new to the expanding national or international market. He has extensive experience establishing legal departments within corporate structures for the first time.
He served as the Chief Prosecutor and Assistant Attorney General for The Office of The Attorney General for The Northern Mariana Islands. As well, serving as the Chief and General Counsel for Cabela's, the World's foremost outfitter of hunting and fishing gear around the globe and as the Texas General Counsel for Holly Hills, a Long Beach, California based commercial real estate company. He also acted as the Vice-President and General Counsel for Village Properties, Inc.
Notables
Fifth and Eighth Circuit Courts
Supreme Court of the United States of America
Writ of Certiorari To The Supreme Court Of The United States, Donnie Collum v. Neil B. Cain, Warden, Louisiana State Penitentiary, Lead Counsel SSee the Writ
Two Co-Anchor guest appearances
Court TV with Chief Correspondent Fred Graham.
Subject of a feature story
- Cabela's GC Starts from Scratch" The National Law Journal, April 2002 Edition.
- NMI's chief criminal attorney NMI's chief criminal attorney, DAVID W. HUTTON Saipan Tribune, Sunday, June 06, 2004
- Brown names Hutton as lead lawyer for garment-related cases Saipan Tribune, Tuesday, April 12, 2005
- High Profile-five year old cold case solved Saipan Tribune, Tuesday, April 12, 2005
Admissions
Commonwealth of the Northern Mariana Islands
Education
- Juris Doctorate, California Western School of Law, San Diego, California
- The Hague Academy of International Law, Den Hague, Netherlands (Academie de` Droit International de La Haye) Advanced Public and Private International Law, and Advanced, International Law
Employment History
Attorney At Law February, 2012 to The Present
Commercial contracts of a complex nature, particularly International. Software and logistical, information matrix, analytics. IT and IP transactions and vendor agreements and URL shortening agreements. Management of outside counsel. Conversion and critical ratio agreements of all types for lead generation and marketing. Litigation. Representation before Governmental Regulatory Agencies, State and Federal.
Chief Counsel
Whitestone Reit (NYSE: WSR) Houston, TX July, 2012 to February, 2013
Directed all phases of transactional leasing, financing, property management, landlord/tenant, and contract negotiation as well as premises liability and risk assessment representation. Performed Litigation on existing disputes. Managed and provide general legal advice and representation to the senior management on all issues involving commercial real estate development, acquisition, disposition, and management. Strategically streamlined dependence on outside counsel. Saved $120,000 on outside retainer and legal fees within 7 weeks of joining company.
International Attorney
International Legal Consultants TX , January 2007 to July 2012
Consulted with many international and domestic vendors working with export and import of goods into the US and other countries: Turkey, Egypt, Malaysia, Indonesia, Thailand, Dominican Republic, Trinidad, Mexico, Brazil, and Bulgaria. Implemented customers' own legal representation in house and created an outside counsel management policy.
- Reduced costs and increased responsiveness to executive management for multiple customers.
- Consulted on the formation of legal departments within corporate structures for the first time.
- Strategically streamlined dependence on outside counsel.
General Counsel
Holly Hills Development Inc, San Antonio, TX, July 2006 to January 2007
Managed continuous daily analysis liability of damages and fault provisions agreements. Managed outside counsel in California, Utah and Nevada. Incorporated real estate risk-management strategies; pre-contract prevention, allocation, structuring, alternative risk transfer (ART) underwriting, and internal corporate methods to greatly reduce exposure of both contract and tortuous liability. Implemented new risk management assessment plans and collected metrics of company goals, identifying risks and threats, acceptable operating ranges and evaluating responses. Established all aspects of real estate law; transactional negotiation, drafting and execution of industrial and commercial real estate, construction agreements; including AIA agreements, outside vendor and state, economic development incentive and financing agreements.
- Executed contract negotiations in compliance with IACCM rules of construction, negotiation and management.
- Implemented the prevailing theories of legal analysis –Farnsworth's "Prisoner's Dilemma"
- Drafted contracts between joint venturing partners and cooperative agreements, choice of laws, and consent to jurisdiction and dispute resolution provisions.
Chief Criminal Prosecutor
Northern Mariana Islands Attorney General, Saipan, MP , July 2002 To September 2005
Managed a task force comprised of Assistant Attorney General Staff and department heads of other governmental agencies charged to protect the Northern Mariana Islands' Treasury. Collaborated with enforcement and compliance law; guaranteed repatriation of displaced foreign nationals, concluded garment and government manufacturing contracts, prohibited " corporate flight," and froze and distributed assets belonging to the Commonwealth. Reviewed all incoming cases, which totaled approximately 1000 per year; oversight of Immigration. Executed the enforcement for deportations, reviewed all arrests, and performed search and wiretap warrants. Led extraditions of foreign nationals from countries such as the Philippines, Thailand, and South Korea. Reduced open case file number by 60% from 2100 to below 900. Effectively prosecuted four murder cases resulting in a 400% increase in conviction rate. Successful prosecutions which resulted in the largest and third largest sentences in CNMI history. Successfully prosecuted the second largest crystal methamphetamine case in NMI history, a result of a sting operation conducted with the cooperation and assistance of the Criminal Investigation Bureau of the Department of Public Safety
.- Effectively prosecuted a six-year-old "cold case murder file" that was reopened; reinvestigated and successfully prosecuted.
- Directed "sting" operation initiatives with various agencies (Ports Authority, Immigration and Customs).
- Directed the civil prosecution of all regulatory matters, federal, and state regulatory compliance.
- Administered legal advice to the Departments of Public Safety, Emergency Management, Public Works, Office of Public Auditor, Commerce, Treasury, and the Commonwealth Hospital.
General Counsel
Cabela's, Worlds Foremost Outfitter Sidney, NE December 1999 to July 2002
Incorporated the formation, structuring, and supervision of the first legal department within the corporate structure. Provided legal advice and analysis dealing with in-house litigation involving complex legal issues to meet the business objectives. complex state economic development; private agreements required continuing analysis for compliance. Established Cabela's real estate estoppels, waivers and subordination; non-disturbance documents with joint parcel tenants, and ancillary to these were the leases, triple net as well as percentage. Developed risk management techniques to reduction of liability exposure of construction of large retail facilities, AIA drafting, exposure of risks for products sold and managed, allocation of risk implementation which included hold harmless, indemnify and defend requirements. Identified site-location strategy and demographic analysis, interactions, and negotiations with property owners, managers, REITS, national and global retailers such as Wal-Mart and JC Penny. Interacted with government agencies for official published clarification for reassurances.
- Implemented the post 9/11 Department of Commerce Export Enforcement regulations.
- Proposed legislation for existing laws and policies affecting corporate liability.
- AdministeredI and mplemented new risk management assessment plans and collected metrics of company goals, identifying risks and threats, acceptable operating ranges and evaluating responses.
- Identified multiple levels of insurance, assurances, bonds or escrow to accomplish corporate satisfaction.
- Managed litigation exposure was accomplished through both formal and informal contracted mediators/arbitrators and pre-designated forums for dispute resolution.
Vice President and General Counsel
Village Properties, Inc. Pulaski, TN April 1996 to December 1999
Managed and provided general legal advice and representation to the senior management on all issues involving commercial real estate development, acquisition, disposition, and management. Directed all phases of transactional leasing, financing, property management, landlord/tenant, and contract negotiation as well as premises liability representation. Tenants consisted of national retailers including: Belk, Wal-Mart, JC Penney, Peebles Dept. Stores, Payless Shoes, Sears, K-Mart, Movie Gallery, On Cue, Tractor Supply, Maurice's, Dollar General, Family Dollar, and others.
Attorney, Owner
David Hutton and Associates San Antonio, TX September 1984 to April 1996
Owned and operated a private law firm, which consisted of offices in Jackson, Mississippi and San Antonio, Texas. Established practice that included litigation and appellate practice before both the State and Federal Judiciary. Incorporated areas of litigation involved in complex legal issues across diverse areas of law.