Jay D. Ellwanger , Esq.
Jay D. Ellwanger, Esq., joins JAMS in Austin with more than 25 years of experience handling complex employment, civil rights, class action, intellectual property, sexual assault and commercial disputes. A seasoned trial lawyer and founder of Ellwanger Henderson, he has represented both plaintiffs and defendants in high-profile and precedent-setting cases at both the trial and appellate levels, including matters before the Fifth Circuit sitting en banc.
Mr. Ellwanger brings a practical, trial-tested perspective to his work as a neutral, helping parties evaluate risk, navigate sensitive and often high-emotion disputes and identify pathways to resolution. Known for his thoughtful preparation and ability to engage effectively with all sides, he is particularly well suited for complex, multiparty matters and cases involving significant legal or reputational risk.
In addition to his litigation practice, Mr. Ellwanger has served as an adjunct professor at The University of Texas School of Law for more than two decades, where he teaches trial advocacy, litigation skills and negotiation. His extensive teaching experience informs his structured, disciplined approach to dispute resolution and enhances his ability to communicate clearly and effectively with counsel and clients alike.
Representative Matters
- Employment Law
- Lead counsel in Hamilton v. Dallas County, a landmark Title VII case in which the Fifth Circuit, sitting en banc, broadened the standard for discrimination claims and overturned decades of precedent; the matter later resolved for $1.65 million
- As an advocate, secured a record-setting hostile work environment settlement in Mitchell v. Allied Aviation Services on behalf of 11 employees at DFW Airport, the largest settlement in the history of the EEOC’s Dallas office at the time
- As an advocate, obtained a $4 million settlement in Beaty v. Hillshire Brands on behalf of 76 bakery employees, which became the largest hostile work environment settlement ever recorded by the EEOC’s Dallas office
- As an advocate, achieved a $4.05 million bellwether jury verdict in Taylor v. Turner Industries, part of one of the nation’s largest mass action employment discrimination cases, involving more than 250 plaintiffs and the largest employment discrimination verdict in Texas in 2012
- As an advocate, secured a $25.1 million jury verdict in Lindsley v. Omni Hotels, the largest employment discrimination verdict in Texas in 2023, involving gender discrimination claims by a senior executive
- Class Action
- Served as court-appointed class counsel in Roberts v. TJX, et al. (D. Mass), a national wage and hour class and collective action that resolved for $31.5 million, the largest FLSA settlement in the history of the United States District Court for the District of Massachusetts
- Served as court-appointed class counsel in Indergit, et al. v. Rite Aid (SDNY), a national wage and hour class and collective action that resolved for $5.75 million
- Served as court-appointed class counsel in Bass v. City of Dallas (NDTX), a local wage and hour collective action that resolved for $2.45 million
- Business Commercial
- Represented a U.K.-based recycling company in a multimillion-dollar breach of contract action in New York state court; successfully argued appeal before Fourth Department Appellate Division
- Served as arbitration counsel in the successful defense of a $40 million securities fraud claim
- Served as arbitration counsel on behalf of an Austin-based technology company and secured an $8 million arbitral award
- Intellectual Property
- Served as trial counsel in a two-week jury trial in the Northern District of California against one of the world’s largest software companies in a patent case involving digital encryption technology
- Served as trial counsel in a six-day jury trial in the Northern District of Texas in a patent license agreement dispute that resulted in a $1.15 million judgment
- As an advocate, negotiated multiple eight-figure license agreements and scores of six- and seven-figure license agreements
- Civil Rights
- As an advocate, obtained a $3.5 million settlement in Carr v. City of Fort Worth on behalf of the young witness to the police shooting of Atatiana Jefferson, marking the largest police-violence settlement ever paid by the City of Fort Worth
- As an advocate, represented an incarcerated individual who was forced to deliver her baby prematurely in her cell after requesting medical assistance for more than 30 hours; the infant’s death triggered an investigation by the state’s attorney general and monetary and nonmonetary sanctions against the medical provider
- As an advocate, represented a family in Anderson, et al. v. City of DeSoto, et al., in a lawsuit alleging racial profiling, excessive force and unlawful detention and arrest; the claim triggered involvement by a U.S. congresswoman and an in-depth investigation by the Dallas Morning News, which led to substantive changes within the police department and a six-figure settlement.
- Personal Injury/Sexual Assault
- As an advocate, played a key role in investigating sexual assault allegations brought by multiple women against an internationally-known rock musician; represented an internationally-known actress in a related federal civil lawsuit in Los Angeles and advised several other individuals involved in a multiyear criminal investigation conducted by federal and local law enforcement agencies.
- Represented a private security contractor in connection with a workplace sexual assault at the Nevada National Security Site; the matter prompted significant public scrutiny, including national media coverage, a congressional inquiry and an Inspector General investigation, ultimately resulting in numerous policy changes within the U.S. Department of Energy
- As an advocate, secured a six-figure settlement for a dozen former Austin Independent School District students who accused their theatre director of emotional and verbal abuse and inappropriate touching over a 15-year period. The lawsuit resulted in the director’s name being removed from the school’s performing arts center.
Honors, Memberships and Professional Activities
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Texas Super Lawyers
- Super Lawyers, 2013–2025
- Rising Star, 2007–2013
- Lawdragon 500, Employee & Civil Rights Litigation, 2021–2025
- Leadership Austin Essential Class, 2009
- Austin Under 40 Award – Legal Category, 2009
- American College of Trial Lawyers Award, 2001
- Member, National Employment Lawyers Association
- Member, American Association for Justice
- Member, Austin Bar Association
- Robert W. Calvert Inn of Court, Barrister
- Member, American Bar Association
- Board Chair, Urban Roots, 2011–2016
- Board Chair, We Raise Foundation (f/k/a Wheat Ridge Ministries), 2016–2018
- Board of Directors, Global Refuge (f/k/a Lutheran Immigration & Refugee Service), 2025–2026
Bar Admissions
- California
- Texas
Court Admissions
- Supreme Court of the United States
- United States Court of Appeals for the Federal Circuit
- United States Court of Appeals for the Fifth Circuit
- All Federal District Courts in Texas and California
Background and Education
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Founding Partner, Ellwanger Henderson LLP, 2017–2026
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Adjunct Professor, The University of Texas School of Law, 2003–2026
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Founding Partner, DiNovo Price Ellwanger LLP, 2007–2017
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Associate, Jenkens & Gilchrist P.C., 2001–2007
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J.D., The University of Texas School of Law, 2001
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Order of Barristers
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National Champion, National Institute of Trial Advocacy (NITA) Tournament of Champions
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Niemann Cup Winner
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Peregrinus Counsel Award
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International Academy of Trial Lawyers Award
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Chair, Board of Advocates
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B.A. (with departmental honors), University of Texas at Austin, 1998
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