Daniel M. McClure

Norton Rose Fulbright US LLP

United States
T:+1 713 651 5159
United States
T:+1 713 651 5159
Daniel M. McClure

Daniel M. McClure

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Dan McClure, partner since 1986 in the Houston office, has an active trial and appellate practice in both state and federal courts involving a variety of civil litigation matters. He has concentrated his practice on complex commercial litigation, including class actions, multidistrict litigation, antitrust, business torts, contract disputes, securities, oil and gas, health law, qui tam actions and government investigations. He has served as Chair of the Class Action Practice Group and Co-Chair of the Energy Litigation Practice Group.  

Dan has been twice named to the BTI Client Service All-Star Team, a list of fewer than 200 lawyers nationwide who deliver "the absolute best client service" based on a survey of corporate clients. 

Professional experience

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JD, cum laude, Harvard Law School, 1978
BA, highest honors, University of Oklahoma, 1974

Dan is a member of Phi Beta Kappa. 

  • Colorado State Bar
  • Oklahoma State Bar
  • Texas State Bar
  • Lifetime Achievement in Energy Litigation Award, Institute for Energy Law, 2016
  • World's Leading Energy Lawyer, outstanding practitioner, Guide to the World's Leading Energy Lawyers, 2013
  • Texas Top Rated Lawyer, LexisNexis Martindale-Hubbell, 2013 – 2014
  • Recognized Lawyer, Energy and Natural Resources, Expert Guides, 2013 – 2020
  • Chambers USA, Texas: Litigation (Energy & Natural Resources), Chambers & Partners, 2008 – 2020
  • Chambers USA, Nationwide: Energy: Oil and Gas (Regulatory and Litigation), Chambers & Partners, 2010 – 2013
  • Chambers USA, Nationwide: Oil and Gas Litigation, Chambers & Partners, 2021 – 2023
  • Legal 500 US, Energy - Litigation: Oil and Gas, The Legal 500, 2008 – 2021, 2023
  • The Best Lawyers in America, Antitrust Law, Best Lawyers, 2008 – 2024
  • The Best Lawyers in America, Commercial Litigation, Best Lawyers, 2008 – 2024
  • The Best Lawyers – Texas, Antitrust Law, Best Lawyers, 2022 - 2023
  • The Best Lawyers – Texas, Commercial Litigation, Best Lawyers, 2022 - 2023
  • Lawyer of the Year, Antitrust law, Best Lawyers, 2020
  • Texas Super Lawyer, Business Litigation, Thomson Reuters, 2003 – 2022
  • BTI Client Service All-Star Team, BTI Consulting Group, 2006, 2009

Dan's published works include:

  • Co-author, "Texas Supreme Court Holds That Oil and Gas Royalties Are Owed on More Than Gross Proceeds Under Unique "Proceeds Plus" Lease Provision," Institute for Energy Law – Oil & Gas E-Report, June 2023
  • Co-author, "Texas Cases Reject Claims that Royalties Are Owed on Off-Lease Use of Gas Where Leases Contain a 'Free-Use' Lease Fuel Clause and an 'at the Well' Royalty Clause," Institute for Energy Law – Oil & Gas E-Report, Issue 1, March 2022
  • Co-author, A Practitioner's Guide to Class Actions, ABA (2d ed. 2021) (Co-author of Chapter 16, "Daubert Challenges in Class Certification")
  • Co-author, "BlueStone v. Randle: Supreme Court of Texas Holds that Producer Could Not Deduct Post-Production Costs when 'Gross Value Received' Royalty Clause Controlled, and Must Pay Royalty on Off-Lease Use of Gas Not Covered by 'Free Use' Lease Fuel Clause," Institute for Energy Law – Oil & Gas E-Report, Issue 2, June 2021
  • Co-author, "Texas Supreme Court allows producers paying royalties to deduct post-production costs," Norton Rose Fulbright - Legal update, March, 2019
  • Co-author, "Oklahoma Quakes Trigger Legal Concerns For Energy Cos.," Law360, February 4, 2016
  • Co-author, "Kansas Supreme Court Limits Marketable Product Doctrine in Royalty Cases," The Energy Law Advisor, November 2015
  • Co-author, "USA Chapter," The International Comparative Legal Guide to Class & Group Actions 2016 - 2022
  • Co-author, "Supreme Court rejects higher removal standard for class action defendants," Norton Rose Fulbright - Legal update, December 17, 2014 
  • Co-author, "Supreme Court Further Refines Proof Standards For Class Certification And Ups The Ante For Antitrust Plaintiffs," Fulbright Alert, March 28, 2013
  • Co-author, "Supreme Court Tames Class Action Frankenstein's Monster," Law 360, March 22, 2013
  • Co-author, "Supreme Court Prevents Class Plaintiffs From Stipulating Around Federal CAFA Jurisdiction," Fulbright Briefing, March 21, 2013
  • Co-author, "Supreme Court Deals a Heavy Blow to Colossal Discrimination Class Actions," Fulbright & Jaworski L.L.P. Alert, June 22, 2011
  • Contributor, A Practitioner's Guide to Class Actions, American Bar Association, 2017
  • Co-author, "Fifth Circuit Decision Supports Immunity for Peer Review," Fulbright & Jaworski L.L.P. Briefing, July 13, 2009
  • Co-author, "SEC Issues Final Rule on Modernization of Oil and Gas Reporting," The Energy Law Advisor, July 2009
  • Co-author, "Texas Supreme Court Decision in Coastal v. Garza:  Rule of Capture Bars Recovery of Drainage Damages for Subsurface Trespass from Hydraulic Fracturing," Fulbright & Jaworski L.L.P. Client Alert, September 2008
  • Co-author, "Federal Courts Experience Surge in Class Action Activity," Fulbright & Jaworski L.L.P. Briefing, April 2008
  • Co-author, "Trends in Energy Litigation 2007," April 2007 (winner of Burton Award for Best Law Firm Publication)
  • "Qui Tam Cases in the Energy Industry," 33rd Annual Ernest E. Smith Oil, Gas & Mineral Law Institute, March 2007
  • "The Class Action Fairness Act of 2005 Significantly Expands Federal Jurisdiction Over Class Actions," Fulbright & Jaworski L.L.P. Client Alert, February 2005
  • "Current Trends in Energy Litigation," 27 State Bar of Texas Oil, Gas & Energy Resources Law Section Report, 2002
  • "Royalty Valuation and Payment Issues: Where Are We and Where Are We Headed?" 48 Rocky Mountain Mineral Law Institute, 2002
  • "Developments in Oil and Gas Class Action Litigation," Fifty-Second Annual Institute on Oil and Gas Law and Taxation, 2001
  • "False Claims Act Being Misused to Impose Regulatory Agendas," 13 Legal Backgrounder No. 24, Washington Legal Foundation, July 10, 1998
  • "Class Actions in the Oil and Gas Industry," Forty-Eighth Annual Institute on Oil and Gas Law and Taxation, 1997
  • "Trademarks and Competition: The Recent History," 59 Law & Contemp. Probs. 13, Spring 1996
  • Texas Board of Legal Specialization – certified in Civil Trial Law (1988)
  • Institute for Energy Law - Vice Chair, Executive Committee, Advisory Board member, and former Chair of Oil and Gas Committee
  • American Health Lawyers Association
  • National Association of Railroad Trial Counsel
  • American Inns of Court
  • American Bar Foundation, Fellow
  • American Bar Association
    • Litigation, Health Law, and Antitrust Sections
  • State Bar of Texas
    •  Litigation, Health Law, Antitrust and Oil, Gas and Mineral Law Sections
  • Texas Bar Foundation, Life Fellow
  • College of the State Bar of Texas, Fellow
  • Houston Ballet, Board of Trustees, Vice President, Executive Committee (2008 - 2016, 2019-2023)