Lina Y. Garcia

Biography

Lina is a results-driven, strategic litigator with experience in commercial, construction, employment, personal injury, and products liability matters. She has experience representing companies, who manufacture, sell, and market prescription and over-the-counter medications, personal care products, and vaccines in mass tort litigations and defending catastrophic personal injury cases. Lina represents self-insured and insured, individuals and corporate clients in state and federal courts. She has extensive experience with the day-to-day management of cases, claim evaluation, pretrial motion practice, assisting company witnesses with deposition preparation, document management, and trial preparation.

Lina values counseling her clients on the various options they have in resolving their claims, and then navigating them through whatever process they choose, whether it be litigation or alternative dispute resolution. Lina also enjoys mediating cases.

Education

  • Baylor University School of Law – J.D., 2002
  • University of Texas at Austin – B.A., 1999

Representative Experience

  • Obtained summary judgments on behalf of product manufacturers, including claims for alleged product defects, negligence, breach of warranty, punitive damages, and attorney’s fees
  • Obtained dismissal of claims against directors in multi-million dollar case, involving claims of breach of fiduciary duty and conspiracy
  • Obtained Rule 91a dismissal of claims on behalf of a court-appointed forensic psychologist
  • Obtained dismissals on behalf of product manufacturer across the U.S. based on lack of personal jurisdiction
  • Successfully and efficiently resolved personal injury, employment discrimination, residential construction, breach of fiduciary duty, breach of contract, and other commercial disputes through alternative dispute resolution
  • Served as a member of regional and national counsel teams, defending companies in mass tort litigations, involving pharmaceutical and personal care products

Memberships & Affiliations

  • State Bar of Texas, Litigation Section

Admissions

  • State Bar of Texas (2002)
  • United States District Courts: Northern, Eastern, Southern, and Western Districts of Texas

Jesús “Jesse” N. Joslin

Biography

Jesse’s practice consists primarily of representing individual and corporate clients in personal injury/wrongful death, construction defect, and complex commercial litigation. He has also successfully represented licensed individuals and entities before various state boards and agencies and at the State Office of Administrative Hearings.

A fierce advocate, Jesse works tirelessly to serve the best interests of his clients, whether helping clients avoid litigation or when his clients are involved in a lawsuit. He has experience through all phases of litigation and has obtained favorable results before trial and at trial.

Jesse was born and raised in south Texas and is a proud graduate of UT-Austin and St. Mary’s University School of Law, where he graduated cum laude and served as Editor in Chief of St. Mary’s specialty law review.

When he is not working, you can find Jesse hanging out with his wife (Jacqueline) and two sons (Jesse and Julian) and the family Basset Hound (Mika). He also enjoys hiking, playing guitar and drums, live music, traveling, and sports.

Education

  • St. Mary’s University School of Law, J.D., cum laude, 2017
    • Editor in Chief, St. Mary’s Law Review on Race and Social Justice (2016-2017)
    • Staff Writer, St. Mary’s Law Review on Race and Social Justice (2015-2016)
    • Best Brief for Section, Eric Reister Family Award Winner
    • Dean’s Scholarship Recipient
  • University of Innsbruck, Austria, Summer 2015
  • University of Texas at Austin, B.A. Government, 2012

Representative Experience

  • Represented subcontractor in workplace injury case and obtained summary judgment based on exclusive remedy defense
  • Represented residential contractors in defect claims and obtained voluntary dismissals after discovery
  • Represented industrial services company in motor vehicle accident case and obtained summary judgment on multiple causes of action
  • Part of trial team who obtained defense verdict in Travis County District Court in motor vehicle accident case
  • Represented contractor in public works construction project and obtained summary judgment in personal injury suit arising from accident on the construction site

Publications

  • Navigating the Post-Shelby Landscape: Using Universalism to Augment the Remaining Power of the Voting Rights Act, 19 SCHOLAR 217 (2017).

Community Involvement

  • Texas Appleseed, Mentor in Diversity Legal Scholarship Program

Memberships & Affiliations

  • State Bar of Texas
  • Austin Bar Association
  • Austin Young Lawyers Association
  • American Bar Association
  • Phi Delta Phi International Legal Honor Society—San Antonio Tarlton Inn Chapter
  • Insurance Law Section of the State Bar of Texas
  • Litigation Section of the State Bar of Texas

Admissions

  • State Bar of Texas (2017)
  • United States District Court: Northern, Southern, Eastern, and Western Districts of Texas; Texas Northern Bankruptcy Court, Texas Southern Bankruptcy Court

James B. Ewbank II

Biography

Jim Ewbank is a civil trial lawyer and outside counselor who has tried a wide variety of civil cases, both Plaintiff and Defense, including over 125 jury trials. Jim has been Board Certified by the Texas Board of Legal Specialization for both Civil Trial and Personal Injury Trial Law since 1987.  He was elected as an Advocate by the American Board of Trial Advocates (ABOTA) in 2000.  In addition to his talents in the courtroom, Jim is a decorated expert in the legal community as a respected author, speaker, and professor.  In 1982, Jim was bestowed the Outstanding Law Review award by the Texas Bar Foundation, having co-authored with Hon. Bob Shannon, and in the years of 2003, 2004, 2009-2019, Jim has been named a Business Litigation Super Lawyer by Thomson Reuters in Texas Monthly.

Jim is consistently looked to as an expert in the areas of civil trial techniques and substantive areas of civil litigation and employment law and is frequently asked to speak at State and local seminars for a variety of related topics.  In addition to sharing his valued knowledge with the legal community, Jim is a popular speaker and preeminent expert on risk management for fraternities and sororities nationwide.  He has handled most of the major high profile cases involving fraternities since 1990.

Jim places great value on strong legal education as well as using his experience to pay it forward. He served as an Adjunct Professor of Law at the University of Texas School of Law, teaching Trial Tactics from 1986 – 1998 as well as coaching their National Mock Trial teams to multiple championships. For the last ten (10) years, Jim has served on the faculty of multiple NITA courses on “Building Trial Skills” and TADC Trial Academies.  He was an original member of the Robert Calvert Inn of Court in 1987.

Jim has served as outside General Counsel for a large number of small to medium size businesses and Public Housing Authorities for the last 25 years, providing advice and guidance on a wide range of legal matters.

Memberships and Affiliations

  • Elected Advocate to the American Board of Trial Advocates since 2000
  • Barrister, Robert Calvert Inn of Court
  • Member of the Civil Litigation and Employment Law Sections of the State and Austin Bar Associations; member of Housing Development Law Institute
  • State Bar of Texas
  • Austin Bar Association
  • Fellow of the Litigation Counsel of America

Education

  • Baylor Law School – J.D., 1980
  • Southwestern University – B.A. Social Science, 1977

Admissions

  • State Bar of Texas (1980)
  • United States District Court: Eastern, Southern & Western Districts of Texas (1995)
  • United States Courts of Appeals, Fifth Circuit (2000)
  • 15 States as Pro Hac Vice

Recognitions and Distinctions

  • Lifetime Achievement Recognition from the Edgewater Forum
  • Named a Super Lawyer from 2006-2020(excluding 2019) by Thomson Reuters

Practice Areas and Casework

Smith v. Delta Tau Delta, 9 N.E.3d 154, (Ind. 2014).  Successful Amicus Brief for North-American Interfraternity Conference (NIC).

STOP/TABCC, et al v. City of New Braunfels, “not reported in S.W.3d, 2013 WL 692446 (Tex.App.-Austin, February 21, 2013) [denial of Plea to Jurisdiction affirmed]

City of New Braunfels v. WWGAF, et al, 2012 WL 423919 (Tex.App.-Eastland 2012, petition denied) [Commercial litigation – MSJ for Plaintiff/Client affirmed]

Towers of Town Lake Condominium Association, Inc. v. Rouhani
296 S.W.3d 290 (Tex.App.- Austin 2009) [Slip & Fall – review denied March 12, 2010 – $1.8 million jury verdict in favor of Plaintiff/Client affirmed]

THPD v. Continental Imports
260 S.W.3d 593 (Tex.App.–Austin 2008) [Commercial fraud case – mixed jury verdict reversed in favor of Defendant/Client]

Murff v. Pass
249 S.W.3d 407 (Tex. 2008) [Medical negligence–brain damaged baby –jury verdict for Defendant/Client affirmed]

Brown v. Wills
2004 WL 3383447 (Tex.App.–Austin, 2004) [Medical negligence – fatal overdose of pain medications – jury verdict for Defendant/Client affirmed]

McIntyre v. Ramirez
109 S.W.3d 741 (Tex. 2003) [Good Samaritan – OB Rescue – Motion for summary judgment for Defendant/Client affirmed]

Moritz v. Preiss
121 S.W.3d 715 (Tex. 2003) [Failure to diagnose kidney disease – Medical Negligence – jury verdict for Defendant/Client affirmed]

Waddill v. Phi Gamma Delta
114 S.W.3d 146 (Tex.App.–Austin 07/24/2003) [Organizational liability for Fraternity – Motion for summary judgment for Defendant/Client affirmed]

Forrest v. Danielson
77 S.W.3d 842 (Tex.App–Tyler, 2002) [Medical negligence – Expert report – Motion for summary judgment for Defendant/Client affirmed]

City of Stephenville v. Texas Parks and Wildlife Dept.
940 S.W.2d 667 (Tex.App.–Austin, 1996) [Administrative law – Ex parte contact – bench trial decision for Plaintiff affirmed]

Barstow v. Travis County
1998 WL 670225 (Tex.App.–Austin 1998, no writ) [Ingress & egress easement at Lake Travis – jury verdict for Travis County/Client affirmed]

St. John v. Pope
901 S.W.2d 420 (Tex. 1995) [Physician-patient relationship – Motion for summary judgment for Defendant/Client affirmed]

Closs v. Goose Creek ISD
874 S.W.2d 859 (Tex.App.–Texarkana, 1994) [Employment / due process / termination – verdict for Defendant/Client affirmed]

Presentations/ Publications

TRIAL TACTICS
  • University of Texas School of Law Product Liability and Personal Injury Seminar, “Panel Discussion – Hot Tips for Litigators”
  • University of Texas School of Law Product Liability and Personal Injury Seminar, “Limitation of Damages in Catastrophic Injury Cases”
  • University of Texas School of Law Product Liability and Personal Injury Seminar, “Inadvertent Disclosure of Privileged Documents”
  • University of Texas Law School Trial Tactics Seminar – “Brevity in Presentation of Evidence”
  • Austin Bar Association Bench Bar Conference – “Jury Selection”; “ Spoliation in Texas”; Evidence in Texas”
  • Austin Bar Association Civil Litigation Section – “Ultimate Trial Notebook”
  • Austin Young Lawyers Association/Travis County Bar Association Litigation Seminar, “Effective Use of Experts”
  • Austin Young Lawyers Association/Travis County Bar Association Voir Dire Seminar – “Voir Dire – Defendant’s Perspective”
  • Austin Young Lawyers Association/Travis County Bar Association Litigation Seminar – “Duties and Dilemmas of Insurance Defense Counsel”
  • Housing and Development Law Institute (HDLI) Conference 2008, “Effective Jury Selection in PHA Cases”
  • National Academy of Neuropsychology 26th Annual Conference, 2006 – “The Neuropsych as Expert – Retention Through Deposition”
  • Capitol Area Paralegal Association Litigation Seminar: “The Role of the Advocate in Mediation”
  • County and District Attorneys Seminar on Trial Tactics – “Conduct of a Trial – Voir Dire Through Appeal”
  • Council of School Attorneys Seminar, “Effective Motions for Summary Judgment”
EMPLOYMENT / PUBLIC HOUSING AUTHORITY / CIVIL RIGHTS LAW
  • In-service training to various local employers, 1992-Present, “Prevention of Sexual Harassment/Discrimination in the Workplace”; “Prevention of Age Discrimination in the Workplace”; “Internal Investigations of Employment Disputes”; “Proper Documentation and Termination Procedures”
  • Texas Association of Defense Counsel, Spring Meeting, “Defense of Sexual Harassment/Discrimination Cases”
  • National Association of Housing and Redevelopment Officials (NAHRO) 2008, “Recent Federal & State Cases Which Could Impact Liability of Commissioners, Trustees and Officers”
  • Texas National Association of Housing and Redevelopment Officials (TXNAHRO) 2008, “Ethics of Commissioners”
  • Texas NAHRO 2005, “Do’s and Don’ts of PILOT (Payments in Lieu of Taxes)”
  • Texas NAHRO 2004, “Managing Records, Hiring/Firing, and Legal Liability Issues the Right Way”
  • Texas NAHRO 2000, “Risk Management for Executive Directors”
  • Risk Management Conference, 1997 & 1998 “Immunities for Governmental Employees”
  • Housing Authority of the City of Austin, 2007 Strategic Planning Retreat “Recent Developments in Open Government”
  • Texas Association of School Boards/Texas Association of School Administrators Convention, 1993 – 2008, Presentations on Topics including Preventing and Defending Due Process Lawsuits, Avoiding and Defending Whistleblower Claims, Open Meetings/Open Records, and Investigation of Auto Claims
  • Texas Association of School Boards Council of School Attorneys, Education Law Conference “How to Build a Defense Around Individual Immunity in Civil Rights Litigation”
  • Risk Management Seminar, American Physicians Insurance Exchange – “Discussion of Tort Claims, Statutes and Immunities”
  • Risk Management Seminar, Texas Hospital Insurance Exchange – “Texas Tort Claims Act”
  • Speaker, Texas Association of School Boards Risk Management Conference, 1996 – 1999
OTHER
  • TADC Law Office Managing Partners Forum 2005 – “The Joy of Dealing with Management Issues”
  • HDLI General Counsel Forum 2011 – 2016.
LEGAL PUBLICATIONS
  • “The Texas APTRA Since 1976 – Selected Problems”, 33 BAYLOR L. REV. 393 (1981). Co-authored with Honorable Bob E. Shannon, voted Outstanding Law Review Award by Texas Bar Foundation in 1982.

TEACHING POSITIONS

  • Faculty, National Institute of Trial Advocacy (NITA) 2010 – 2020, “Building Trial Skills”
  • Faculty, University of Texas Law School Trial Advocacy, “Winning at Trial – Nine Day Intensive Trial Advocacy Course, ” 1986-1995
  • Adjunct Professor, University of Texas School of Law
    “Trial Tactics,” 1986 – 1998, four hour intensive trial advocacy course for third year law students
  • Texas Association of Defense Counsel Trial Academy Faculty

Katrina Colwell Arp

Biography

Katrina has extensive experience in complex products liability cases, commercial litigation, personal injury defense, and appellate litigation. She has represented a wide array of manufacturers in litigation in state and federal courts, both across Texas and nation-wide. Katrina is experienced with all facets of litigation, from initial case investigation, developing case strategy and discovery, through to dispositive motion practice, trial, and appeal. She currently serves as a member of the State Bar of Texas Court Rules Committee. Since 2011, she has served in a variety of coaching and mentorship roles with the Baylor University Undergraduate Mock Trial team.

Education

  • Baylor University School of Law, J.D., 2013 (cum laude)
  • University of Wisconsin – Madison, B.S., 2008

Memberships & Affiliations

  • Austin Bar Association
  • Dallas Bar Association
  • Dallas Association of Young Lawyers
  • DAYL Foundation Fellow

Admissions

  • State Bar of Texas 2014
  • United States District Court: Northern District of Texas

Community Involvement

  • State Bar of Texas Court Rules Committee Member – Appellate Subcommittee Co-Vice Chair
  • Baylor University Undergraduate Mock Trial Tournament Director

Matthew L. Kirby

Biography

Matthew’s practice focuses on civil litigation, with extensive experience at both the trial and appellate level handling a broad variety of consumer and corporate litigation.

Matthew has represented numerous companies and individuals, successfully prosecuting and defending multimillion dollar contract, real estate, and personal injury disputes, throughout Texas.  Matthew has defended cases involving breach of contract, asset purchase agreements, anti-trust allegations, trade secret misappropriation, fiber optic cable directional bore work, masonry and HVAC work, foundation work, and other construction defect claims.  He has successfully worked on appellate matters in the Texas First, Third, and Fourteenth Courts of Appeals, as well as in the Texas Supreme Court. With a strong work ethic, Matthew maintains high standards for and takes pride in any finished work product, leaving no stone unturned throughout his representation.

Education

  • University of Texas at Austin – J.D., 2015
  • University of Denver – B.A., magna cum laude, 2012

Recognitions & Distinctions

  • Outstanding Memorandum Award for Law School Section, resulting in membership in The Legal Research Board

Representative Experience

  • Obtained complete defense verdict as second chair in trial representing a hotel property management company in suit by injured patron during hotel pipe leak.
  • Obtained summary judgment for a law firm sued for tortious interference with contract.
  • Obtained summary judgment for HOA in declaratory judgment / deed restriction claim.
  • Obtained summary judgment for university sued by student for BOC, fraud, and IIED.
  • Obtained ruling striking damages expert in construction defect case resulting in damages model being cut by approximately $10 million.
  • Successful defense of US Subsidiary of Japanese Corporation in anti-trust and contractual interference suit, defeating antitrust allegations in SJ proceedings, resulting in six figure settlement.
  • Prosecution of complex arbitration / high-dollar contract dispute, resulting in six figure settlement.
  • Successful defense of South Korean subsidiary corporation in high-dollar contract dispute to satisfactory settlement, including overturning default judgment via a Restricted Appeal.
  • Prosecution of high-profile Civil Rights 1983 Claim to settlement; successfully defending MTD for qualified immunity.
  • Representation of property owners in multi-million dollar dispute with Developer; successfully defended Developer mandamus appeals to Third COA and Texas Supreme Court.

Memberships & Affiliations

  • Member of the Austin Bar
  • Member of the Texas Young Lawyers Association
  • Member of the Litigation Section of the Texas Bar
  • The Review of Litigation (Staff Editor Vol. 33; Associate Editor Vol. 34)

Admissions

  • State Bar of Texas

Abigail E. Chacón

Biography

Abigail has defended General Contractors and Subcontractors involving construction defect matters throughout Central and South Texas. She’s also represented defendants regarding commercial disputes, personal injury, premises liability, and product liability matters. Abigail is experienced in all aspects of litigation in federal and state courts and arbitration. In her career, Abigail has gained extensive courtroom experience and successfully briefed, argued motions, and handled depositions and trial preparation.

Before moving to Austin, Texas, in 2020, Abigail practiced law in Edinburg, Texas as a Criminal Defense Attorney, representing clients in various cases ranging from misdemeanors to felonies.

Education

  • Michigan State University College of Law – J.D., 2016
  • University of Texas at Austin – B.A. Spanish Literature and History, 2012

Memberships & Affiliations

  • Austin Young Lawyers Association
  • Travis County Women’s Bar Association
  • Construction Law Section of the State Bar of Texas
  • Texas Bar College
  • Legal Chair for ACE Mentor Program-Austin
  • Member for Regional Hispanic Contractors Association- DFW

Admissions

  • State Bar of Texas (2017)
  • United States District Court: Northern, Southern & Western District of Texas

Bianca Cedrone

Biography

Bianca Cedrone focuses her practice on defending personal injury claims including, catastrophic injury and wrongful death claims. She has extensive experience in defending: trucking and commercial motor vehicle accidents, product liability, premises liability, construction site injuries, construction defects, automobile accidents, and Texas Non-Subscriber claims. Bianca believes in taking an efficient approach to litigating cases, being responsive to clients, and putting forth an aggressive defense in a cost-efficient manner.

Bianca has represented numerous businesses and individuals in wrongful death and catastrophic injury claims, including premises owners, product designers and manufacturers, general contractors and subcontractors, trucking companies, and hotels. Bianca has defended cases involving road construction, electrical system installation, HVAC and plumbing work, and construction defect claims. Other cases include defending businesses from subrogation or contribution claims in property damage situations and claims against nonsubscription employers.

Education

  • South Texas College of Law – J.D., 2012
    – Law Review Journal
    – Dean’s Merit Scholarship
    – CALI Award for Excellence in Study of Comparative Family Law
  • University of Texas at Austin – B.A., 2008

Recognitions & Distinctions

  • Best Lawyers in America: Ones to Watch 2024- Litigation – Construction and Personal Injury Litigation – Defendants

Representative Experience

  • First chair in Zoom trial resulting in favorable defense verdict for client.
  • Second chair in trial resulting in complete defense verdict for trucking company and its driver.
  • Obtained summary judgment on claims of premises liability, negligent activity, negligence and gross negligence on behalf of client.
  • Obtained dismissal of all claims on the date of trial by successfully demonstrating Plaintiff’s lack of standing and damages to the court.
  • Successfully defended claims brought against an auto body shop for alleged property damage and conversion in consumer arbitration, obtained a monetary award on behalf of client, and further defeated the claimants’ attempts to modify said arbitration award.
  • Obtained a summary judgment in Western District Court on behalf of national retail outlet for premises liability claim.
  • Obtained summary judgment in dog-bite case.
  • Obtained favorable ruling on a federal Motion to Remand to State Court based on diversity.
  • Obtained voluntary dismissals of parties in multiple cases as a result of filing Motions for Summary Judgment.
  • Arbitrated non-subscriber premises liability claim.
  • Negotiated favorable settlement terms in numerous lawsuits involving personal injury and related claims.
  • Obtained summary judgment on behalf of client in fatality case.

Speaking Engagements & Presentations

  • Premises Liability – The Concept of Duty and Obvious Conditions Since Austin v. Kroger (Thompson Coe webinar – 2019)

Memberships & Affiliations

  • College of State Bar Member
  • The Texas Association of Defense Counsel
  • Austin Bar Association
  • Phi Delta Phi Legal Honors Fraternity

Admissions

  • State Bar of Texas (2013)
  • United States District Court: Southern & Western Districts of Texas

Dana Livingston

Biography

Clients embroiled in bet-the-company appeals and high-stakes litigation call on Dana for the type of broad and deep experience a savvy appellate lawyer can bring. A board-certified appellate specialist and a Fellow of the by-invitation-only American Academy of Appellate Lawyers, Dana is recognized as one of the premier appellate practitioners in the state, with particular expertise before the Fifth Circuit and the Supreme Court of Texas. A former Law Clerk for the Fifth Circuit and a former Staff Attorney at the Supreme Court of Texas, Dana is equally fluent in both state and federal appellate matters.

Because of her extensive appellate expertise, the Texas Board of Legal Specialization appointed Dana to its Civil Appellate Examination Commission—the committee that writes and grades the state’s specialization exam. Dana has also served as an Adjunct Professor of Law at the University of Texas School of Law where she taught Appellate Advocacy for many years.

A sought-after CLE speaker on appellate practice, Dana is also a contributing author for the Texas Practitioner’s Guide to Civil Appeals (Texas Lawyer Books 2019).  And on the national stage, the American Bar Association selected Dana as the Editor in Chief of the two-volume multi-jurisdictional appellate practice guide, the Appellate Practice Compendium.

During her 30-plus years of practice, Dana’s wide-ranging experience in appellate advocacy and complex legal issues covers a diverse range of substantive law. Known for her ability to weave creative problem-solving with the meticulous analysis the appellate process demands, she often works with trial counsel on strategy, key discovery disputes, legal motions, crafting and arguing the jury charge, and error preservation during and after trial to achieve an early litigation victory or lay the groundwork for a successful appeal or mandamus.

Dana entered private practice with the Houston office of Vinson & Elkins LLP and was a partner for 15 years with the Austin office of the appellate boutique Alexander Dubose Jefferson & Townsend LLP where she was the managing partner. She has been Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization since 1995 and is ranked for appellate in Chambers. Dana was recently named one of the “Top 10 Most Influential Texas Appellate Litigators.”

Education

  • University of Texas School of Law – J.D., with honors, 1990
    Texas Law Review (1988-90), Executive Editor (1989-90)
  • University of Texas at Austin – B.A., with high honors, 1987

Recognitions & Distinctions

  • Fellow, American Academy of Appellate Lawyers—the premier organization for appellate specialists in the United States
  • Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization (1995–present)
  • United States Court of Appeals for the Fifth Circuit, Law Clerk (1990–91)
  • Supreme Court of Texas, Staff Attorney (1996–98)
  • Appointed by the State Bar of Texas and the State Board of Disciplinary Appeals as Special Assistant Disciplinary Counsel on Appeal (1994–96)
  • Texas Board of Legal Specialization, Civil Appellate Examination Commission (2004–10)
  • University of Texas School of Law, Adjunct Professor of Law, Appellate Advocacy (2000–07, 2022–23)
  • Chambers USA: Guide to America’s Leading Lawyers for Business—Ranked for Texas Litigation: Appellate (2022–present)
  • Best Lawyers in America: Appellate Law (2008–present)
  • Selected for inclusion in Thomson Reuters Super Lawyers Texas in Appellate Practice (2003–present)
  • Named one of the “Top 10 Most Influential Texas Appellate Litigators” (Business Today 2023)

Speaking Engagements & Presentations

  • Under-Utilized Procedural Tools—How to Make Use of Rule 166(g) Motions, Rule 62.1 Indicative Rulings, and Rule 54(b) Judgments, in UNIV. OF TEX. 33RD ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2023) (speaker & author)
  • Jury Charge in Construction Cases, in State Bar of Tex., Prof. Dev. Program, 35th Annual Construction Law Conference (2022)
  • Certification of Questions to State Courts, in Appellate Judges Education Institute Summit (2021) (panel moderator)
  • Seeking Rehearing: Don’t Banc on It, in STATE BAR OF TEX. PROF. DEV. PROG., HANDLING YOUR FIRST (OR NEXT) FIFTH CIRCUIT APPEAL (2020) (co-presenter with Fifth Circuit Judge Jennifer Walker Elrod & author)
  • Federal Court Certification of State Law Questions:  Lessons from Other Circuits, in UNIV. OF TEX. 26TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2020)
  • Interview with Fifth Circuit Judge Don Willett, in UNIV. OF TEX. 28TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2018)
  • Fifth Circuit Panel & En Banc Rehearing: Strategies & Voting Patterns, in UNIV. OF TEX. 27TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2017) (co-presenter)
  • Fifth Circuit En Banc, in UNIV. OF TEX. 26TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2016) (co-presenter with Fifth Circuit Judge Jennifer Walker Elrod)
  • From Volkswagen to Crystal Power to RadMax: The Changing Landscape of Mandamus in the Fifth Circuit, in UNIV. OF TEX. 24TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2014) (speaker & author)
  • Federal Interlocutory Appeals and Mandamus, in UNIV. OF TEX. 23RD ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2013) (speaker & author)
  • Fifth Circuit Voting Patterns, in STATE BAR OF TEX. PROF. DEV. PROGRAM, 20TH ANNUAL ADVANCED CIVIL APPELLATE PRACTICE COURSE (2011) (speaker & author)
  • Panel Roulette: Fifth Circuit Voting Patterns, Dallas Bar Ass’n Appellate Section (2010) (speaker)
  • Competing Visions of the Role of an Appellate Court: Internal Struggle at the Fifth Circuit, Houston Bar Association Appellate Section Luncheon (2009) (speaker)
  • Preserving Error for Appeal, AUSTIN BAR ASSOCIATION,ULTIMATE TRIAL NOTEBOOK SEMINAR (2009) (panelist)
  • Anatomy of an Appeal Part 2: Persuasion, ABA/YLD TELECONFERENCE (2009) (co-presenter)
  • Oral Argument: Anticipating and Handling the Tough Questions at the Supreme Court of Texas, in UNIV. OF TEX. 18TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS APPEALS (2008) (co-presenter)
  • How to Make Yourself Indispensable at Trial, in STATE BAR OF TEX. PROF. DEV. PROGRAM, 20TH ANNUAL ADVANCED CIVIL APPELLATE PRACTICE COURSE (2006) (panelist)
  • For the Record: Judicial Notice on Appeal, in UNIV. OF TEX. 16TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2006) (co-presenter & co-author)
  • Fifth Circuit Clerks Rules and Procedures You Should Know, But No One Ever Told You, in UNIV. OF TEX. 15TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2005) (co-presenter with Clerk of the Fifth Circuit, Fritz Fulbruge)
  • Jury Charge and Other Error Preservation Hot Topics, in AUSTIN BAR ASSOCIATION ULTIMATE TRIAL NOTEBOOK SEMINAR (2005) (panelist)
  • Fifth Circuit Internal Operating Procedures Beyond the I.O.P.s, in STATE BAR OF TEX. PROF. DEV. PROGRAM, 18TH ANNUAL ADVANCED CIVIL APPELLATE PRACTICE COURSE (2004) (speaker & author)
  • Interlocutory Appeals and Mandamus in Federal Court, in UNIV. OF TEX. 14TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2004) (speaker & author)
  • Threshold Forum Issues, in STATE BAR OF TEX. PROF. DEV. PROG., 26TH ANNUAL ADVANCED CIVIL TRIAL COURSE (2003) (speaker & co-author)
  • The Supervening Decision Doctrine, in UNIV. OF TEX. 13TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2003) (speaker & author)
  • Permissive Interlocutory Appeals in State Court, in TRAVIS COUNTY BAR ASS’N BENCH–BAR CONF. (2003) (speaker & author)
  • Interlocutory Appeals, in TRAVIS COUNTY BAR ASS’N BENCH–BAR CONF. (2003) (speaker)
  • Permissive Interlocutory Appeals in State Court, in UNIV. OF TEX. 12TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2002) (speaker & author)
  • Briefing to the Intermediate Courts of Appeals: State and Federal, in STATE BAR OF TEX. PROF. DEV. PROG.,NUTS & BOLTS OF APPELLATE PRACTICE (2001) (speaker & author)
  • Fifth Circuit Internal Operating Procedures Beyond the I.O.P.s, in UNIV. OF TEX. 11TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2001) (speaker & co-author)
  • Federal Interlocutory Appeals and Mandamus, in UNIV. OF TEX. 10TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (2000) (speaker & author)
  • Preparing and Preserving Error in the Jury Charge, in UNIV. OF TEX. CONF. ON PROCEDURE AND EVIDENCE (2000) (speaker & author)
  • Practice Before the Third Court of Appeals, in TRAVIS COUNTY BAR ASS’N BENCH–BAR CONF. (2000) (panel moderator)
  • Cases Pending Before the Supreme Court of Texas, inTRAVIS COUNTY BAR ASS’N CIVIL APPELLATE SEMINAR (1999) (speaker & author)
  • Ten Things You Ought to Know About Practicing in the Fifth Circuit, AUSTIN BAR ASS’N CIVIL APPELLATE LAW SECTION LUNCHEON (1998) (speaker & author)
  • Perfecting the Appeal and Appellate Motion Practice, in STATE BAR OF TEX. PROF. DEV. PROG., APPELLATE PRACTICE INSTITUTE (1998) (speaker & author)
  • Practice Before the Supreme Court of Texas, in STATE BAR OF TEX. PROF. DEV. PROG., APPELLATE PRACTICE INSTITUTE (1998) (speaker & co-author)
  • A Comparison of State and Federal Appellate Practice, in STATE BAR OF TEX. PROF. DEV. PROG., APPELLATE PRACTICE INSTITUTE (1998) (speaker & co-author)

Publications

  • Editor-in-Chief, Appellate Practice Compendium (ABA 2012)
  • Author, Appellate Practice Compendium (ABA 2012)
  • Author, Texas Practitioner’s Guide to Civil Appeals, Mandamus Chapter (ALM 2d ed. 2019)
  • Comparison of State and Federal Appellate Practice, in STATE BAR OF TEX. PROF. DEV. PROG., APPELLATE BOOT CAMP (2009) (co-author)
  • A Comparison of State and Federal Appellate Practice, in STATE BAR OF TEX. PROF. DEV. PROG., APPELLATE BOOT CAMP (2008) (co-author)
  • Insiders Guide to Fifth Internal Procedures, in Fifth Circuit Ultimate Practice Guide: What Every State-Court Practitioner Needs to Know About Practicing in the Fifth Circuit, in STATE BAR OF TEX. PROF. DEV. PROG., APPELLATE BOOT CAMP (2005) (author)
  • Nuts and Bolts of Fifth Circuit Practice, in UNIV. OF TEX. 9TH ANNUAL CONF. ON STATE AND FEDERAL APPEALS (1998) (co-author)
  • Texas Supreme Court Update, in STATE BAR OF TEX. PROF. DEV. PROG., 14TH ANNUAL LITIGATION UPDATE INSTITUTE (1998) (co-author)
  • Interlocutory Remedies in State Court, in UNIV. TEX. 21ST ANNUAL PAGE KEETON PRODUCTS LIABILITY AND PERSONAL INJURY LAW CONF. (1997) (co-author)
  • Fifth Circuit Update, in STATE BAR OF TEX. PROF. DEV. PROGRAM, 10TH ANNUAL ADVANCED CIVIL APPELLATE PRACTICE COURSE (1996) (co-author)
  • The Courts Charge, in STATE BAR OF TEX. PROF. DEV. PROG., 16TH & 15TH ANNUAL ADVANCED CIVIL TRIAL COURSE (1993 & 1992) (co-author)
  • Jury Charge in State and Federal Court, in STATE BAR OF TEX. PROF. DEV. PROG., 9TH ANNUAL ADVANCED PERSONAL INJURY LAW COURSE (1993) (co-author)

Memberships & Affiliations

  • American Academy of Appellate Lawyers
    – Fellow
  • American Bar Association
    – Council of Appellate Lawyers, Judicial Division
    – Publications Committee (Editor of Appellate Practice Compendium)(2008-14)
    – Rules Committee, Member (2008-14)
  • Texas State Bar
    – Appellate Practice & Advocacy Section
    – Section Member (1991-present)
    – Interaction with Judges Committee (2018-2019)
    Appellate Advocate, Editor (2019-2022), Associate Editor (1996-97, 2003-06)
    – Electronic Publications Committee, Member (1996-97)
    – Annual Meeting Planning Committee, Member (2003)
    – Pattern Jury Charge Committee, General Negligence and Intentional Personal Torts, Member (2004-06)
    – Plain Language Committee, TYLA Liaison (1994-95)
    – Texas Bar Foundation, Fellow (1995-present)
    Texas Bar Journal, Editorial Board (1995-98)
    – Texas Bar Journal Committee, Member (1995-98)
  • Austin Bar Association
    – Appellate Section, Chair (2003-04)
    – Austin Young Lawyers Association: AYLA Board of Directors (2003-04); Treasurer (2002-03); Secretary (2001-02); Director (2000-01)
    Austin Lawyer, Editor of AYLA Section (1999-2003)
    – Judicial Affairs Committee, Co-Chair (1998-2003)
    – Publications Committee, Co-Chair (1999-2003)
    – Supreme Team Committee, Co-Chair (1998-99)
    – VoTexas Committee, Member (1998-99)
    – Nominated for Outstanding Young Lawyer of Austin (2000)
  • University of Texas Annual Conference on State and Federal Appeals:
    – Planning Committee Member (2002-present)
    – Presiding Officer (2003, 2005-2007, 2010)
  • Bar Association of the Fifth Federal Circuit

Admissions

  • United States Supreme Court
  • United States Courts of Appeals for the Third, Fifth, Eighth, Ninth & Eleventh Circuits
  • United States District Courts: Northern, Eastern, Southern & Western Districts of Texas
  • State Bar of Texas

Lauren S. Aldredge

Biography

Lauren is a trial lawyer who brings her experience and judgment to help clients obtain the best resolution of their issues, whether that means vigorously protecting those interests in the courtroom or working collaboratively to reach common-sense solutions. Lauren’s practice focuses on representing clients in all phases of litigation, including mediation, trial, and appeals. She has represented a wide variety of clients, including public entities, commercial enterprises, employers, and insurance companies. Her wide breadth of knowledge helps guide her clients through the often unfamiliar waters of litigation and negotiation. In recognition of these skills, Lauren was selected as a Rising Star for 2018 to 2021.

In addition to an earned reputation as a skilled and effective advocate, Lauren is licensed before the United States Patent and Trademark Office and counsels clients on a broad range of patent and trademark matters, including intellectual property portfolio management, brand protection and infringement litigation. Along with her trial and intellectual property work, Lauren excels at counseling clients regarding the formation of business entities, including partnerships, limited liability companies, professional entities, and nonprofits. Lauren routinely advises clients on business operations, helping them grow effectively and making sure their assets are protected.

Lauren also gives back to her community and the next generation of young lawyers.  She sits as an adjunct professor at the University of Texas School of Law where she teaches advocacy skills and theory to law students, coaches the interscholastic mock trial team and recently guided her team to a National Championship in Spring 2021.  She also serves as a Sexual Assault Victim Right’s Advocate for SAFE Place Austin, helping survivors of sexual assault navigate their options in both the community and the legal system.  In 2021, she was elected as a Texas Bar Foundation Fellow based on her outstanding contributions to the legal profession as well as commitment to her community.

Education

  • University of Texas School of Law – J.D., with honors, 2011
  • Texas A&M University – B.S. Chemistry, 2006

Recognitions & Distinctions

  • Texas Bar Foundation Fellow
  • Best Lawyers – Ones to Watch 2023, 2024: Intellectual Property Law & Litigation – Labor and Employment
  • 2018 – 2021 Texas Rising Stars by Thomson Reuters

Representative Experience

  • Successfully defends clients from unmeritorious defamation lawsuits by obtaining dismissals under the Texas Citizens Participation Act (“TCPA”).
  • Represents local government entities in Chapter 1205 bond validation suits, obtaining validation of hundreds of millions of dollars in public financing, including extensive work with the Attorney General of the State of Texas to reach appropriate final declaratory judgments.
  • Represents clients in litigation and administrative proceedings involving contracts, permitting, and federal civil rights claims for cities and other governmental entities.
  • Represents clients in contract and tort claims, including allegations of fraud and misrepresentation, tortious interference with a contract, and personal injury in cases involving private industries –from electric utilities to oil & gas to telecommunications to specialized manufacturing.
  • Represents public and private employers in employment litigation and pre-litigation administrative proceedings, including wage-hour disputes, and discrimination and harassment claims.
  • Represents local businesses in resolving copyright and trademark disputes, licensing agreements, and entity formation.

Memberships & Affiliations

  • State Bar of Texas
  • Austin Bar Association
  • Austin Young Lawyers Association

Admissions

  • Registered Patent Attorney, U.S.P.T.O. (2012)
  • State Bar of Texas (2011)

Stephanie H. Cook

Biography

Stephanie Cook has extensive experience with a wide range of business negotiations and disputes, having successfully represented general contractors, banks, insurance companies, owners, developers, and individuals in complex commercial and construction litigation and bankruptcy for over twenty years. She began her career at Winstead P.C. and worked in the Austin and Houston offices handling lender liability and workouts. She actively served in its leadership committee before moving back to Austin to work in a litigation boutique handling civil and appellate litigation in state and federal courts for insurers, national lending institutions, and construction clients.

Stephanie has successfully negotiated contracts and resolved claims in excess of $1 billion in mission critical and emerging technology work, including for national and regional Top 20 ENR contractors and leading industry practitioners. She has experience in mission critical contracting, various project delivery methods, nuclear energy project delivery, project delays and claim resolution.

Stephanie has settled, tried or appealed a broad range of commercial and construction cases in state and federal courts in Texas, from delay claims, fraud, construction defects, commercial leases, subcontractor and general contractor disputes, director and officer liability, to lender liability and partnership disputes. She continues to represent international and national lending institutions relating to workout, debt restructuring, asset protection, and defaults. Her knowledge of lending practices translates into her ability to assess and protect clients in projects that are financially distressed.

Her devotion to the construction industry includes representing the industry before the Texas Legislature on matters important to continued construction success in Texas. She is a member of the Associated General Contractors-Texas Building Branch, Legal Affairs Committee which monitors developing law affecting the construction industry, and partners with experts in engineering and architecture to understand all aspects of construction, engineering, and design. Frequently, she speaks with professional associations on best practices and developing law to understand business risks within the construction industry. Her experience also earned her acceptance into the American Arbitration Association roster for complex commercial and construction litigation.

Stephanie also gives back to the community through leadership. She is working with TEXO (AGC/ABC in North Texas) to chair a new Risk Management Committee.  She is the past-Chair of AGC-Austin’s Diversity and Inclusion Committee and past Chair of TEXO Foundation’s DEI Committee.  She was the past District Chair for Scouts, USA and continues to participate at the local level in community outreach with her children.

Education

  • St. Mary’s School of Law – J.D., magna cum laude, 1999
    – Order of Barristers
    – John Harlan Society
    – Phi Delta Phi Honor Society
    St. Mary’s Law Journal, Associate Editor
  • Texas Tech University – B.A., 1994

Recognitions & Distinctions

  • Best Lawyers in America 2021 – 2024: Construction Law & Litigation – Construction
  • America’s Top 100 Bet-the-Company Litigators (2019-2022)
  • “Texas Rising Star,” Texas Monthly (2004)

Speaking Engagements & Presentations

  • Adjunct Professor, University of Texas at Austin School of Law, Arbitration – Spring 2024; Fall 2022; Fall 2021
  • “The Power and Persuasion of a Lien” — AGC-TBB, June 2023
  • “DEI Impact Initiatives: Sexual Harassment” — TEXO Association, May 2023
  • “Contract Drafting and Administration After James v. Westlake” —DBIA Southwest, April 2023
  • “James v. Westlake”— AGC-TBB, July 2022
  • OSHA: AGC-Austin June 2022
  • SB 45 and Anti-Discrimination- Client Presentation, August 2021
  • “Modernizing Commercial Liens – Is HB 2237 Better?” AGC TBB Legislative Update, July 2021
  • “Risks and Rewards of Contracting in Texas” – Chambers Events Webinar, June 2021
  • “Pointers for General Contractors and Design-Builders” – Client Presentation, March 2021
  • “An Antidote for Construction Defects? The Right to Cure in Public Works and Buildings” – 34th Annual Construction Law Conference, March 2021
  • The Impacts of COVID-19 and the November Election on the Construction Industry – AGC Central Texas, November 2020
  • “COVID–Where Are We Today?” –  TEXO Association, October 2020
  • “Key Provisions in Construction Contracts” – Client Presentation, February 2020
  • “Texas Legislative Update,” TCEL / Geoprofessionals Serving Texas, February 2020
  • Guest Lecturer, Texas State University, Construction Science and Management 2020- present
  • “COVID–Where Are We Today?” – TEXO Association, October 2020
  • “Managing Engineering Liability and Risk,” HalfMoon Seminar, January 2019
  • Guest Lecturer, Texas A&M University, Graduate Program in Engineering 2019- present
  • “The Successful Use and Presentation of Experts,” The Basics in Construction Law Annual Seminar, December 2018 & December 2019
  • “Concrete and Contracting Issues,” American Concrete Institute, July 2018
  • “Meeting the A/E’s Standard of Care,” Houston Engineering Society, February 2018
  • “Navigating Risks for Geoprofessionals,” TCEL / Geoprofessionals Serving Texas, January 2018
  • “The Toll of Litigation,” Moderator, Geoprofessional Business Association, October 2017
  • “Contract Clauses,” National Association of Women in Construction, April 2017
  • “The Toll of Litigation,” TCEL/Geoprofessionals Serving Texas, Geoprofessionals Case Histories Seminar, February 2017
  • “You Won! Ten things you did not know when collecting a judgment,” NACM Southwest Credit Exchange, August 2015

Publications

  • “An Antidote for Construction Defects? The Right to Cure in Public Works and Buildings” – 34th Annual Construction Law Conference, March 2021
  • “Negotiating a Contract, Clauses, Changes, and Delays,” Construction Executive, July 2017
  • “Case History Reviews,” Editorial Board, Geoprofessional Business Association, April 2017 – December 2019 (Assist with legal content and editing)
  • “Texas Groundwater: Reconciling the Rule of Capture with Environmental and Community Demands,” 30 St. Mary’s L.J. 305 (1998)

Memberships & Affiliations

  • Associated General Contractors (“AGC”)
    – AGC-TBB Legal Affairs Committee
    – AGC Austin Diversity and Inclusion Committee Chair (2019-2022)
  • TEXO Foundation DE&I Committee Chair (2022-2023)
  • DBIA Southwest Legislative and Legal Affairs Committee
  • American Arbitration Association – Roster
  • Construction and Civil Law Sections, State Bar of Texas
  • Past ACE Mentor (Austin) Legal Chair
  • American Bar Association
  • Austin Bar Association
  • Travis County Women Lawyers Association
  • CREW Austin Chapter, Past –Committee Member
  • National Association of Women in Construction, Austin Chapter, Board of Director 2017-2018, Past –Committee Member

Admissions

  • State Bar of Texas (1999)
  • United States District Court: Northern, Eastern, Southern & Western Districts of Texas
  • United States Bankruptcy Court: Northern, Eastern, Southern & Western Districts of Texas

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