Jay D. Ellwanger

Jay D. Ellwanger, Esq., joined JAMS in Austin after gaining 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, multi-party 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. 

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 eleven 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.

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 non-monetary 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 resolution.

Intellectual Property

   Served as trial counsel in a two-week jury trial in the Northern District of California versus 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 which 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.

Class Actions

       Served as court-appointed class counsel in Roberts v. TJX, et al (D. Mass), a national wage & hour class and collective action which 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 & hour class and collective action which resolved for $5.75 million.

        Served as court-appointed class counsel in Bass v. City of Dallas (NDTX), a local wage & hour collective action which resolved for $2.45 million.

Business Commercial

      Represented a U.K.-based recycling company in a multi-million-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.

Personal Injury / Sexual Assault

  As an advocate, played a key role in investigating sexual assault allegations brought by multiple women against Brian Warner, known professionally as Marilyn Manson; represented Game of Thrones actress Esmé Bianco in a related federal civil lawsuit in Los Angeles and advised several other individuals involved in a multi-year 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.

 Represented over one dozen former students of Bowie High School in Austin 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 and a six-figure resolution.

Honors, Memberships, and Professional Activities

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 Lawyer’s Association

Member, American Association for Justice

Member, Austin Bar Association

Robert W. Calvert Inn of Court, Barrister

Member, American Bar Association

Member, State Bar of California

Member, State Bar of Texas

Chair, Board of Urban Roots, 2011-2016

Chair, Board of 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 and Fifth Circuits

All Federal District Courts in Texas and California

Background and Education

Founding Partner, Ellwanger Henderson LLLP, 2017-2025

Adjunct Professor, The University of Texas School of Law, 2003-2026

Founding Partner, DiNovo Price Ellwanger LLP, 2007-2017

Associate, Jenkens & Gilchrist P.C., 2001-2007

J.D., The University of Texas School of Law, 2001

• Order of Barristers
• National Champion, National Institute of Trial Advocacy (NITA) Tournament of Champions
• Niemann Cup Winner
• Peregrinus Counsel Award
• International Academy of Trial Lawyers Award
• Chair, Board of Advocates

B.A. (with departmental honors), University of Texas at Austin, 1998