Civil Trial Practice
Jay Walters is a trial and an appellate lawyer whose practice spans a broad range of business and personal disputes, including business and personal torts, securities fraud, class actions, antitrust, shareholder derivative suits, insurance coverage and bad faith cases, intellectual property, communications law, and products liability. He has represented both plaintiffs and defendants in federal and state antitrust claims involving alleged restraints of trade, including monopolization, combinations, tying, boycotts, monopsony, and below-cost pricing. Mr. Walters also has litigated matters on behalf of a number of Indian tribes regarding gaming and membership issues. He served as lead counsel in what we believe was the first case in which an Indian tribe successfully enjoined the construction of a facility on a United States Army base based on interference with tribal religious and cultural rights.
Mr. Walters has litigated cases in federal and state courts throughout the United States, and is admitted to the Oklahoma, Virginia, and District of Columbia bar associations as well as to all Federal Courts in Oklahoma, the District of Columbia, and the Eastern District of Virginia.
Mr. Walters also has extensive experience before federal and state appellate courts, including the following:
- Lead counsel in the Supreme Court of the United States in obtaining the reversal of the Oklahoma Supreme Court in a case reinforcing the rights of parties to enforce arbitration agreements in state court. Nitro-Lift Technologies, L.L.C v. Howard, No. 11-1377, 133 S. Ct. 500 (Nov. 26, 2012).
- Successfully represented an inventor before the Supreme Court of the United States obtaining the reversal of a decision of the United States Court of Appeals for the Federal Circuit and the reinstatement of a $20 million jury verdict. Unitherm Food Systems, Inc. v. Swift-Eckrich, 546 U.S. 394 (2006).
- Obtained dismissal of an appeal in a false patent-marking case. Emmert Second Ltd. P'Ship v. Marshalltown Co., 465 Fed. Appx. 931 (Fed. Cir. Jan. 13, 2012).
- Secured affirmance of defamation verdict. Century Martial Arts Supply, Inc. v. Nat'l Assn. of Prof. Martial Artists, 129 Fed. Appx. 426, (10th Cir. 2005)
- Secured affirmance of the dismissal of a multi-million dollar gaming dispute between an Oklahoma tribe and an alleged gaming vendor. Sovereign Consulting, LLC v. Delaware Nation of Oklahoma, Case No. 108,180 (Okla. Civ. App. Feb. 10, 2012).
- Obtained the reversal of a multi-million dollar verdict in a published oil and gas case of first impression. Tarrant v. Capstone Oil & Gas Co., 178 P.3d 866 (Okla. Civ. App. 2008).
White Collar and Regulatory Practice
In addition to civil litigation, Mr. Walters has successfully represented individuals and corporations in government investigations and inquiries by professional governing bodies, including the Securities and Exchange Commission, FINRA (f/k/a NASD), Federal Communications Commission, and Federal Grand Juries. Mr. Walters assisted Special Prosecutor Burck Bailey in the impeachment and preparation for trial in the Oklahoma Senate of former Oklahoma Insurance Commissioner Carroll Fisher. Mr. Walters has also successfully represented individuals before professional licensing boards, including the Oklahoma Bar Association and the Oklahoma Board of Osteopathic Examiners.