Matthew J. Longoria

Biography

Matthew J. Longoria is an attorney with both trial and transactional experience. Prior to joining Cokinos | Young, Matthew was a municipal attorney representing governmental entities where he provided legal guidance on a wide range of issues including complex land use and zoning decisions, personnel and employment matters, and water and wastewater utility disputes. In his municipal prosecution practice, Matthew was lead attorney on more than two dozen jury and bench trials that resulted in successful verdicts.

A San Antonio native, Matthew has a diverse background and experience in both creative and legal fields making him adept at addressing a variety of legal issues. He earned his Bachelor of Arts in Film and Digital Media from the University of California, Santa Cruz in 2008 and his Juris Doctor from St. Mary’s University School of Law in 2016. Additionally, he studied intellectual property law at Beihang University in Beijing, China, with a focus on emerging Chinese copyright and trademark law.

Education

  • St. Mary’s University School of Law – J.D., 2016
  • University of California – B.A. Film and Digital Media, Production, 2008

Speaking Engagements & Presentations

  • Alamo Area Council of Governments – Newly Elected Officials Workshop (June 2021)
    – Balancing Enforcement with Compliance in Municipal Court
  • Alamo Area Council of Governments – Workshop for Planning and Zoning Commissioners and Elected Officials (April 2021)
    – Special Zoning Tools: Special Use Permits, Conditional Use Permits, Planned Development Districts
  • Alamo Area Council of Governments – Newly Elected Officials Workshop (December 2020)
    – A Roadmap of CARES Act Relief Funds
  • Alamo Area Council of Governments – Newly Elected Officials Workshop (July 2020)
    – Navigating Religious Based Zoning Protests

Memberships & Affiliations

  • Texas State Bar
    – Litigation Section
    – Government Law Section
    – Administrative and Public Law Section
  • San Antonio Bar Association
  • Texas Young Lawyers Association
  • Texas City Attorney Association
  • San Antonio Young Lawyers Association

Admissions

  • State Bar of Texas
  • United States District Court: Western District of Texas

Chance K. Decker

Biography

An aggressive and tactical litigator, Chance Decker focuses on resolving high-stakes disputes for businesses in the energy, pipe and steel distribution, construction and real estate industries. Chance also represents clients in a variety of employment litigation matters, including non-competition and trade secret disputes. He enjoys working on cases with challenging issues and helping his clients navigate the legal system in a bold and efficient manner.

Education

  • University of Houston Law Center – J.D., 2009
  • Texas A&M University – B.S., Geography: GIS Specialization, 2006

Recognitions & Distinctions

  • Named a Rising Star by Texas Super Lawyers (a Thomson Reuters company) as published in Texas Monthly and Texas Super Lawyers magazines (2018 – 2020)
  • Named a Houstonia Magazine Top Lawyer in Houston (2018 – 2020)

Representative Experience

  • Obtained dismissal of interstate pipeline company from lawsuit seeking twelve million dollars in engineering fees under an alter-ego and common law partnership claim.
  • Obtained favorable settlement in dispute over allegedly fraudulent purchase orders issued for over twelve million dollars of steel tubing.
  • Successfully defended a Houston energy brokerage firm at trial alleging discrimination under the Age Discrimination in Employment Act by a former employee.
  • Successfully defended a commercial flatbed trailer manufacturer in a multi-million-dollar lawsuit by its Chinese supplier.
  • Successfully defended two Houston area automobile dealerships in multi-million dollar lawsuits by their former floorplan finance providers.
  • Played pivotal role in obtaining a jury verdict on behalf of Jani-King International, Inc. in a suit against a New York franchisee.
  • Obtained summary judgment and case dismissal for home builder accused of race discrimination, violations of the Texas Deceptive Trade Practices Act, and breach of construction contract.
  • Successfully defended a commercial tenant in a multi-property eviction and tortious interference case.
  • Obtained a complete judgment on behalf of a major oilfield services manufacturing company for the nonpayment of several hundred thousand dollars of unpaid equipment.
  • Obtained a favorable judgment against former employees of a Houston energy brokerage firm who breached the non-competition and non-disclosure provisions of their employment agreements.

Speaking Engagements & Presentations

  • “Executive Rights: Texas Outfitters v. Nicholson”, TexasBarCLE Oil, Gas & Mineral Title Examination Course (June 19, 2020)
  • “Top 10 Texas Oil & Gas Cases of 2019”, East Texas Association of Petroleum Landmen (January 16, 2020)
  • “Concerning Self-Interest: The Executive Duty After Texas Outfitters v. Nicholson”, Energy Law Institute (August 28, 2019)
  • “Top 10 Cases of 2018”, Fort Worth Association of Professional Landmen (February 28, 2019)
  • “Top 10 Cases of 2018”, East Texas Association of Petroleum Landmen (January 17, 2019)
  • “Top 10 Cases Texas Energy Cases from the Past Twelve Months”, Dallas Bar Association’s Energy Law: Review of Oil & Gas Law XXXIII (August 2, 2018)
  • “Top 10 Texas O&G Cases of 2017 (So Far)”, Lunch and Learn Series with Next Generation Landmen (DAPL) & Young Professionals in Energy (December 4, 2017)
  • “Top 10 Texas O&G Cases of 2017 (So Far)”, AAPL Southwest Land Institute (September 25, 2017)
  • “The Slow Death of the Handshake: Best Practices from a Litigator’s Perspective”, National Association of Steel Pipe Distributors 2017 Summer Conference (June 15, 2017)

Publications

  • “OSHA’s New Guidance for the Energy Arena”, ALTAPL Register (September 1, 2020)
  • “OSHA’s New Guidance for the Energy Arena”, Houston Association of Professional Landmen Newsletter (August 2020)
  • “OSHA’s New Guidance for the Energy Arena”, Gray Reed Legal Alert (July 22, 2020)
  • “Top 10 Texas Oil and Gas Cases of 2019”, Landman Magazine (March/April 2020)
  • “Top 10 Texas Oil & Gas Cases of 2019”, Various publications (2020)
  • “Top Ten Texas Oil and Gas Cases of 2018”, Texas Association of Defense Counsel Magazine (Summer 2019)
  • “Top Texas Oil and Gas Cases of 2018”, Landman Magazine (January/February 2019)
  • “Top 10 Texas Oil and Gas Cases of 2018”, Various Publications (2018/2019)
  • “Texas Court Divides On Offset Well Case”, The American Oil & Gas Reporter (August 2018)
  • “Must an Offset Well Clause be Reasonably Calculated to Prevent Drainage? Not in the Eagle Ford, According to the Texas Supreme Court”, Gray Reed Legal Alert (June 28, 2018)
  • “Show Me the Money!”: Who is a “Payor” Under the Texas Natural Resources Code?”, Gray Reed Legal Alert (May 25, 2018)
  • “Top 10 Texas O&G Cases in the First 11 Months of 2017”, Landman Magazine (January/February 2018)
  • “Top 10 Texas Oil and Gas Cases of 2017”, Various Publications (2017/2018)
  • “Texas Supreme Court Ruling Requires Careful Analysis of Mineral Deeds”, Gray Reed Legal Alert (August 9, 2017)

Memberships & Affiliations

  • State Bar of Texas
    – Litigation Section
  • Houston Bar Association
  • American Bar Association
  • Texas Young Lawyers Association

Admissions

  • State Bar of Texas
  • United States Court of Appeals, Fifth Circuit
  • United States District Court: Southern & Western Districts of Texas

Community Involvement

  • Calf Scramble Committee Member, Houston Livestock Show and Rodeo
  • Texas Trophy Hunters Association
  • 12th Man Foundation
  • Houston A&M Club
  • Luke’s United Methodist Church
  • Hermann Park Conservancy

Kevin A. Moczygemba

Biography

Kevin Moczygemba helps clients in commercial litigation and in the defense of serious personal injury cases.  He has extensive experience handling matters involving breach of contract, construction defect, fraud, and other business torts, mechanics liens, and personal injury.

Kevin also has significant experience working with government contracts.  After law school, he served as a Presidential Management Fellow with the U.S. Air Force Space and Missile System Center where he gained invaluable insights into the government’s contracting process.  Subsequently, Kevin served as an Assistant Attorney General with the Texas Attorney General’s Office where he brought cases against government contractors for fraud, kickbacks, and other regulatory violations.

Kevin was born and raised in San Antonio.  He proudly served in the United States Army as an infantryman and twice deployed to Iraq before becoming an attorney.  This experience taught him there is no substitute for careful planning and extensive preparation.

Education

  • St. Mary’s University School of Law – J.D., 2011
    – First Place and Best Speaker, Larry G. Hyden Mock Trial Tournament
  • University of Texas at Austin – B.A, 2002

Recognitions and Distinctions

  • Presidential Management Fellow, U.S. Air Force Space & Missile Systems Center
  • Past Co-Chair, American Bar Association, Young Lawyers Division Health Law Committee
  • Past Vice Chair, American Bar Association, Young Lawyers Division Health Law Committee

Memberships and Affiliations

  • San Antonio Bar Association
  • State Bar of Texas: Construction Law Section
  • State Bar of Texas: Litigation Section

Admissions

  • State Bar of Texas
  • United States District Courts:  Eastern, Southern & Western Districts of Texas
  • United States Court of Appeals, Fifth Circuit

Whitley B. Zachary

Biography

Whitley Zachary is a litigation associate in the San Antonio office of Cokinos | Young.  Before joining the firm, she gained significant experience defending individuals and businesses in disputes involving matters of professional liability and malpractice, general negligence, premises and products liability, personal and catastrophic injury, wrongful death, contract, and construction law.  She also served as a central briefing attorney for the Fourteenth Court of Appeals in Houston prior to joining private practice.  Whitley draws on her wide-ranging experience at the trial and appellate levels to comprehensively advise and advocate for her clients at all stages of litigation.

Education

  • Texas A&M University School of Law – J.D., cum laude, 2015
    – Articles Editor, Texas A&M Law Review
  • St. Mary’s University – B.A. Political Science, 2010

Recognitions & Distinctions

  • Best Lawyers – Ones to Watch 2022: Construction Litigation & Personal Injury Litigation – Plaintiffs
  • San Antonio’s Outstanding Women in Law in 2021- Construction Litigation by S.A. Scene magazine
  • San Antonio’s Best Lawyers for Insurance Defense in 2019 and Construction Litigation in 2020 by SA Scene magazine
  • 2021 Rising Star Lawyer for SA Scene magazine

Memberships & Affiliations

  • San Antonio Bar Association
  • Texas Association of Defense Counsel
  • San Antonio Young Lawyers Association
    – Board of Directors (2019-2021)
  • Defense Counsel of San Antonio
    – President (2020-2021)
  • Bexar County Women’s Bar Association

Admissions

  • State Bar of Texas
  • Unites States District Court: Southern & Western Districts of Texas

Cody R. Graham

Biography

Cody Graham is a trial lawyer and associate attorney in the San Antonio office of Cokinos | Young.  Cody has extensive experience in defending against construction defect claims, trucking accident suits, workplace injury claims, and general business disputes.  Prior to joining Cokinos | Young, Cody focused his practice on the pursuit of subrogation claims on residential and commercial property losses involving millions of dollars in dispute.  In his subrogation practice, Cody was lead counsel on a multitude of suits asserting faulty construction, installation errors, and products defect liability.  Cody has tried over a dozen cases in state court and through arbitration, including first-chair jury trial experience.  In addition, Cody has appellate experience including the submission of briefings up to the Texas Supreme Court.

Cody is a San Antonio native and attended the University of Texas at Austin, where he received a degree in economics and was honored as a University College Scholar.  He then attended Penn State University to obtain his Juris Doctor.  Throughout law school, Cody was elected three times to serve in the Student Bar Association, acting as Chair of the Honor Code Committee in his final year.  Cody also competed as an advocate, brief writer, and coach in the internationally-recognized Philip C. Jessup International Moot Court Competition, which holds proceedings before a simulated International Court of Justice on a variety of foreign policy issues.

Education

  • Penn State Law – J.D., 2013
  • University of Texas at Austin – B.A. Economics, University College Scholar, 2009

Recognitions & Distinctions

  • Best Lawyers in San Antonio by Scene in S.A. Magazine for 2015 – 2020
  • Best Lawyers: Ones to Watch 2022: Commercial Litigation & Construction Litigation

Memberships & Affiliations

  • State Bar of Texas
  • San Antonio Young Lawyers Association
    – Board of Directors (2016-2018)
  • San Antonio Bar Association

Admissions

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

Alec T. Dudley

Biography

Alec Dudley is an associate attorney in the San Antonio office of Cokinos | Young. He focuses his practice on construction law and commercial litigation.  Alec graduated magna cum laude from St. Mary’s University School of Law in the top five percent of his class.  During law school, Alec also served as the Managing Executive Editor for the St. Mary’s Law Journal and interned for Chief Justice Sandee B. Marion of the Texas Fourth Court of Appeals.

Education

  • St. Mary’s University School of Law –J.D., magna cum laude, 2018
    – Phi Delta Phi International Legal Honor Society
    – The John M. Harlan Society
    – Managing Executive Editor, St. Mary’s Law Journal, 2017-2018
  • St. Mary’s University – B.A., summa cum laude, 2014

Recognitions & Distinctions

  • Rising Star Lawyer by Scene in S.A. (2020-2021)
  • Best Lawyers – Ones to Watch 2022: Construction Litigation

Memberships & Affiliations

  • Texas Bar Association
  • State Bar of Texas: Construction section
  • San Antonio Young Lawyer’s Association
  • Texas Bar College

Admissions

  • State Bar of Texas
  • United States District Court: Western District of Texas

Michael B. Hiddemen

Biography

Michael has extensive experience representing property owners, general contractors, subcontractors, manufacturers, material suppliers and design professionals (architects, civil engineers, structural engineers and MEP engineers) in complex construction and commercial litigation matters.  Michael regularly represents general contractors and subcontractors against claims of improper workmanship and defective construction in connection with the development and construction of office buildings, shopping centers, resorts/hotels, apartment complexes, condominium properties, hospitals/medical centers, schools, restaurants and other commercial properties.

Michael also has extensive experience representing individuals and businesses in personal injury, premises liability, products liability, wrongful death and other catastrophic loss cases (automobile accidents, trucking accidents, heavy machinery and equipment accidents, workplace accidents and various other incidents resulting in serious personal injury and death).  Michael also has substantial experience handling first-party and third-party claims and lawsuits for insurance companies and their insureds in both property and casualty matters (personal injury claims, storm damage claims, fire losses, personal property claims, uninsured and underinsured motorist claims and various other losses claimed by commercial and residential policyholders).

Education

  • St. Mary’s University School of Law – J.D., 2005
  • University of Innsbruck – Summer 2003
  • Texas State University – B.A., 2002

Recognitions & Distinctions

  • San Antonio Magazine Top Attorneys – Civil Law Litigation
  • Scene in S.A. Best Lawyers – Construction Litigation, Business Litigation and Civil Litigation Defense

Representative Experience

  • Represented glass panel balcony installer in complex construction defect lawsuit involving major high-rise hotel property in downtown Austin (owner claimed damages in excess of $10 million resulting from glass panel balcony failure).
  • Represented paving contractor in construction defect lawsuit concerning the installation of concrete parking lots and bays at luxury RV and golf resort (owner claimed damages in excess of $8 million for concrete failure).
  • Represented steel fabricator and erector in construction defect and delay case involving the construction of two large apartment complexes in Austin (owner claimed damages in excess of $5 million resulting from construction delays).
  • Represented HVAC installer in construction defect lawsuit involving major convention center hotel and resort property in downtown Austin (owner claimed damages in excess of $5 million resulting from claimed construction defects).
  • Represented commercial tenant in landlord-tenant dispute concerning the lease of a bariatric medical facility in San Antonio (landlord claimed damages in excess of $5 million resulting from tenant’s breach of 15-year commercial lease).
  • Represented apartment complex owner in insurance coverage lawsuit with commercial insurer concerning extent of covered storm damage at apartment complex property (which consisted of more than 50 buildings and 300+ units). Successfully negotiated multi-million dollar settlement in favor of client.
  • Represented commercial contractor and lumber company in insurance coverage dispute with commercial insurer concerning extent of covered storm damage at corporate headquarters and lumberyard (30 buildings and structures over 15 acres of land). Negotiated substantial settlement in favor of client.
  • Represented insurance companies in countless first-party insurance claims and lawsuits filed by commercial and residential policyholders concerning the handling and payment of property damage and casualty claims in Texas.
  • Represented restaurant and bars in various high-profile and widely publicized Dram Shop lawsuits involving claims of serious personal injury and death.
  • Represented property owners and construction companies in numerous workplace injury lawsuits involving claims of serious injury and death.

Memberships & Affiliations

  • San Antonio Bar Association
  • SABA Construction Law Section
  • Texas Association of Defense Counsel
  • Associated Builders and Contractors
  • Associated General Contractors
  • Greater San Antonio Builders Association
  • Institute for Leadership in Capital Projects

Admissions

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

Kyle A. Zunker

Biography

Kyle A. Zunker focuses on construction law and civil appellate matters.  He has represented many different players in construction, including general contractors, subcontractors, material suppliers, engineers, and owners.  Kyle takes pride in persuasively articulating his client’s position and is driven by his passion to provide clients with common-sense solutions to complex problems.

Education

  • Southern Methodist University, Dedman School of Law – J.D., magna cum laude, 2015
    – SMU Law Review Association, Staff Editor
  • Texas Lutheran University – B.A., magna cum laude, 2012
    – Triple Major in Philosophy, English (Writing Specialization), and Spanish Studies

Recognitions & Distinctions

  • Hutchison Scholarship: merit-based, full-tuition scholarship awarded to three students per year at Southern Methodist University, Dedman School of Law
  • Order of the Coif, Southern Methodist University Chapter

Representative Experience

  • Represented Spanish EPCM contractor in multi-party, multi-million dollar international construction arbitration involving complex legal issues arising from $800 million industrial project. Served as primary associate on file; role included interviewing witnesses and preparing all witness statements, drafting all pleadings, and performing mix of second and first-chair duties during trial. Communicated with foreign client in Spanish.
  • Represented California-based general contractor in $1,200,000 arbitration arising from large, industrial construction project.
  • Represented several large general contractors in multi-million dollar lawsuits regarding alleged defects in commercial construction projects in multiple counties in Texas.
  • Represented owner in federal-court lawsuit regarding a construction defect that compromised the integrity of a multi-million dollar commercial building.
  • Represented Spanish-speaking subcontractor against a general contractor who withheld approximately half of the subcontract price.
  • Represented general contractor in suit against project owner to recover unpaid contract price and value of additional work and defended contractor against owner’s claims for defective construction.
  • Represented defendant seller in a mass-tort lawsuit arising from an industrial explosion. Assisted with preparing motions for summary judgment, motions to strike expert witnesses, and jury charge.
  • Represented roofing contractor in Texas intermediate appellate court on appeal from the trial court’s denial of motion to compel arbitration against the building owner’s insurer, who was a non-signatory to the arbitration clause. 2020 WL 3478658
  • Represented outdoor-recreation business owner in Texas intermediate appellate court when the plaintiff appealed the business owner’s summary judgment of no liability on the plaintiff’s wrongful death claim. 2016 WL 3136878
  • Represented contractor in Texas intermediate appellate court when the plaintiff appealed the contractor’s summary judgment of no liability on the plaintiff’s personal injury claim. 2016 WL 4376628
  • Represented insurer in United States Court of Appeals (Fifth Circuit) when the plaintiff appealed the insurer’s summary judgment of no liability on the plaintiff’s underinsured motorist claim. 663 Fed.Appx. 302
  • Represented insurer in United States Court of Appeals (Fifth Circuit) when the plaintiff appealed the insurer’s summary judgment of no liability based on contract-interpretation arguments. 656 Fed.Appx. 729
  • Represented association of businesses in Texas Supreme Court in attempt to overturn Texas intermediate appellate court’s decision to vacate injunction prohibiting a Texas municipality from enforcing local ordinances. 2018 WL 3618299, 2018 WL 4194908

Speaking Engagements & Presentations

  • Liens: How to Get Paid, AGC’s The Basics 2020, February 18, 2020
  • AIA Contract Document Workshop, HalfMoon Education Inc., March 27, 2019
  • Legal and Insurance Tips for Small Businesses, MAESTRO Entrepreneur Center, November 13, 2018
  • Contracting & Risk Management, Hispanic Contractors Association, October 12, 2016

Publications

  • Design Defects: a New Law and an Old Rule Construction News, August 2021
  • Can a GC sue an architect for bad plans? Construction News, December 2, 2015

Memberships & Affiliations

  • State Bar of Texas, Construction Section
    – Served as the San Antonio representative on Young Lawyers’ Committee (2019-2020)
  • State Bar of Texas, Appellate Section
  • San Antonio Bar Association

Admissions

  • State Bar of Texas
  • United States Court of Appeals, Fifth Circuit
  • United States District Court: Southern & Western Districts of Texas

Other Languages

  • Spanish

Community Involvement

  • Associated Builders and Contractors, South Texas Chapter, Future Leaders’ Initiative, Chair
  • United Way of San Antonio, Emerging Leaders Council

Kerry G. Sonsino

Biography

Kerry Sonsino is a seasoned attorney in civil practice. She has substantial experience in all aspects of litigation with a focus on first party and third party insurance defense, general liability, construction, consumer law, and personal injury and wrongful death defense. Kerry is a valued asset to Cokinos | Young with her diverse legal background, having worked a broad scope of cases with governmental entities, landlord/tenant disputes, deceptive trade-consumer law, and business entities, as well as bankruptcy, probate, and appellate law. Kerry was the Head Articles Editor of the Houston Journal of Int’l Law, and she was a published author in the journal prior to her editorship.

Education

  • University of Houston College of Law – J.D., 1988
    – Head Articles Editor
    – Houston Journal of International Law
  • The University of Wisconsin at Madison – B.A. International Relations, 1985

Recognitions & Distinctions

  • AV rated by Martindale-Hubbell peer review ratings, the highest rating possible
  • Recipient of the Mike Levy Young Leadership Award

Publications

  • Author: “Legal Obstacles to Combating State-Sponsored Terrorism,” 10 Hou. J. Int’l Law 159 (1987)

Memberships & Affiliations

  • State Bar of Texas, Member
  • Federal Bar Association, Member

Admissions

  • State Bar of Texas
  • United States District Court: Western District of Texas
  • United States Court of Appeals, Fifth Circuit
  • United States Supreme Court

Community Involvement

  • Jewish Community Center, Board of Directors
  • American-Israel Public Affairs Committee, Member and San Antonio Council Co-Chair
  • National Conference of Synagogue Youth, San Antonio Parent Committee
  • Congregation Rodfei Sholom, Member

Stephanie L. O’Rourke

Biography

Stephanie O’Rourke is a member of the firm’s litigation practice group and manages the firm’s San Antonio office. Her practice focuses on the representation of general contractors, subcontractors, and suppliers in construction disputes as well as businesses in complex disputes. She has a wealth of experience in litigation, and she is consistently asked to present at workshops and seminars regarding her expertise on contracts, liens and bonds.  Stephanie’s expertise in construction litigation has earned her recognition from numerous publications and organizations. Stephanie is Board Certified in Construction Law by the Texas Board of Legal Specialization.

Education

  • St. Mary’s University – J.D., 1988
  • University of South Carolina – B.A., 1984

Recognitions & Distinctions

  • Best Lawyers in America 2022 – Lawyer of the Year for Construction Litigation
  • Texas State Bar Construction Law Section Chair 2022
  • Named as one of San Antonio’s Outstanding Women in Law in 2021- Construction Litigation by S.A. Scene magazine
  • Chambers ranked attorney 2020, 2021
  • Board Certified in Construction Law, Texas Board of Legal Specialization (TBLS)
  • Best Lawyer in America in 2018 – 2022: Construction Law, Construction Litigation & Commercial Litigation
  • Named a Texas Super Lawyer by Thomson Reuters from 2012-2020. Each year, no more than 5 percent of lawyers in the state are selected to receive this honor.
  • Named by her peers as one of San Antonio’s Best Lawyers in 2010, 2012 – 2014 and 2016-2020 by S.A. Scene magazine.
  • 1st Annual Best S.A. Female Lawyer by Scene in S.A.
  • Texas Top Attorneys – Texas Monthly – November 2020
  • AV Preeminent Judicial Rating Martin Dale Hubbell 2019 – 2021
  • 2019 Trademark Women of Distinction.
  • Named Fellow of the Texas Bar Foundation 2018-2019.
  • Honoree for the Outstanding Lawyers Awards 2019, presented by the San Antonio Business Journal.
  • Americas Most Honored Lawyer 2020(Top 1% of lawyers in the United States receive the award)
  • Lawyer of Distinction, Construction Law 2019-2021
  • Lawyer of Distinction, Civil Litigation 2020
  • Litigator of the year American Institute of Trial Lawyers
  • Honoree for the Outstanding Lawyers Awards 2019, presented by the San Antonio Business Journal.
  • National Alliance of Attorneys – “Attorney of the Year 2021 – Civil Litigation”
  • District 10 Nominating Committee, Texas Bar Foundation
  • Member, AGC Consulting Constructors’ Council of America
  • American Institute of Legal Professionals, Lawyer of the Year, Civil Litigation 2021
  • American Academy of Attorneys, Top 100 2021, Civil Litigation

Representative Experience

  • Represented international company in ICC dispute. Successfully defended against claims in excess of $20 million and prevailed on client’s contract claims.
  • Determined the validity and priority of liens in a large construction dispute between owner, general contractor and subcontractors.
  • Drafted, reviewed and advised on all contract documents with suppliers and general contractors for a multimillion dollar, statewide concrete contractor.
  • Filed mechanics and materialman liens for contractors, subcontractors and suppliers throughout Texas. Represent lien claimant in foreclosure and collection proceedings.
  • Represent multiple real estate developers in various aspects including contract resolution and disputes.
  • Represented a partner of a limited liability company against allegations of breach of fiduciary duty brought by remaining partners of an automotive service company.
  • Represented a nursing home facility against a claim of breach of fiduciary duty against an individual whose partnership rights were terminated.
  • Represent insurance companies in statewide first and third party cases.
  • Represent a childcare facility on all labor & employment matters, EEOC rules as well as general policy and legal matters.
  • Act as counsel for a multimillion dollar commercial real estate developer. Handle all real estate transactions and contracts as well as litigation matters.
  • In 2013 alone, tried 3 significant arbitrations and prevailed against the City of Edinburg, a Zachary entity, and against a multi-million dollar claim.
  • Represent industrial contractor in all claims across the United States.
  • Represent general contractors throughout Texas on construction defect claims.

Speaking Engagements & Presentations

  • “Legislative Update,” Associated General Contractors-Rio Grande Valley Chapter (January 2022)
  • “Modernizing Commercial Liens – Is HB 2237 Better?”, Associated General Contractors-Texas Building Branch (July 2021)
  • “The Pitfalls of Factoring; The Do’s and Don’ts,” Associated Builders and Contractors (January 2021)
  • “COVID-19 is Changing Everything – Including Contracts and Insurance Policies,” CFMA (December 2020)
  • “The Impact of COVID-19 and How to Prepare,” Associated General Contractors (March, 2020)
  • “Force Majeure Clauses,” Associated Builders and Contractors (March 2020)
  • “Construction Law and Risk Mitigation,” I-LinCp Risk Management Seminar (June 2019)
  • “Effective Client Counseling,” Bexar County Women’s Bar Annual Retreat (June 2019)
  • “Construction Contract Clauses: What the CPA Needs to Understand, ” CICPAC Webinar (January 2018)
  • “They Creak, They Crack, They Crumble: A Review of Spooky Construction Projects,” Texas A&M University (October 2017)
  • “Navigating Construction Contracts & Legal Updates,” Eilan Hotel (September 2017)
  • “Unforeseen Conditions and the Unexpected,” Texas A&M COCSI Law (December 2016)
  • “Killer Contract Clauses,” Hispanic Contractors Association (September 2016)
  • “Lien and Construction Contract Updates,” sponsored by The Construction Zone, San Antonio, Texas, (January 2014)
  • “Killer Contract Clauses and Case Law Update on Ewing v Amerisure,” Insource Insurance (June 2014)
  • “Employment 101,” Insource Insurance, San Antonio, Texas (November 2014)
  • “Texas Legislative Session,” seminar sponsored by Guaranty Insurance Services, San Antonio, Texas (November 2011)
  • “Construction Contracts: How to Negotiate Key Contract Provisions,” sponsored by Guaranty Insurance, San Antonio, Texas (2010)

Publications

  • O’Rourke, S.L. (2021, February). The Duality and Burdens of Substantial Performance.
  • O’Rourke, S.L. (2015, October). You’re insured against the big-ticket rip and tear damages, right?. Construction News Publication, Legal Column.
  • O’Rourke, S.L. (2014, June). Supreme Court Revitalizes Strength of Forum-Selection Clauses. ABC’s Construction Executive Magazine.
  • O’Rourke, S.L. (2012, January). Negotiating Construction Contracts. Institute for Strategic Negotiations, National Webinar.
  • O’Rourke, S.L. (2011, December). Texas Legislative Updates. Paper presented at the Annual Construction Industry Conference, San Antonio, Texas.
  • O’Rourke, S.L. (2010, October). Collecting the Judgment: Collection Law From Start to Finish. Paper presented at the National Business Institute, San Antonio, Texas.
  • O’Rourke, S.L. (2009). Multi-Party Property Damage Claims from the General Contractor’s Perspective. Paper presented at the 22nd Annual Construction Law Conference, San Antonio, Texas.
  • O’Rourke, S.L. (2004). Can the Insured Forfeit Coverage. State Bar of Texas, CLE.
  • O’Rourke, S.L. (2004). Basic’s mechanic’s and materialmen’s liens; The use and Abuse of Article 21.55. Houston, TX: South Texas College of Law.
  • O’Rourke, S.L. (1996). Dealing with Counterclaim and Defenses. State Bar of Texas Advanced Creditors’ Rights Course.

Memberships & Affiliations

  • Texas Board of Legal Specialization: Construction Law Advisory Commission
  • Consulting Constructors’ Council of America
  • San Antonio Bar Association
  • Secretary for San Antonio Bar Association, Construction Section (2021-2022)
  • Kendall County Bar Association
  • State Bar of Texas: Litigation and Construction Law Sections (Appointed Council Member, 2009-2012; Secretary of Construction Law Section, 2018; Treasurer of Construction Law Section, 2019)
  • San Antonio Bar Association (Board Member – Construction Law Section)
  • Texas Association of Defense Counsel
  • Defense Research Institution: San Antonio Construction Law Section
  • Associated Builders and Contractors (ABC)
    – Board of Directions: Executive Committee Secretary
    – Chairman for Political Action Committee
    – Chairman for Governmental Affairs Committee (2011-2013)
  • Associated General Contractors
  • TADC Nominating Committee (2014-2015)
  • CFMA Board of Directors

Admissions

  • State Bar of Texas
  • United States District Court: Northern, Southern &Western Districts of Texas
  • United States Court of Appeals, Fifth Circuit