Lee L. Kaplan

Partner

Lee Kaplan has tried dozens of cases in state and federal courts, representing plaintiffs and defendants ranging from Fortune 10 corporations to individuals. In the last four years he has had two cases that landed in the top 25 verdicts in Texas for those years.  His docket has included oil and gas, construction, securities, antitrust, patent and trademark infringement, the Foreign Corrupt Practices Act, fraud, theft of trade secrets, shareholder rights, and class actions.  He frequently handles "high tech" cases and enjoys mastering complicated business dealings or scientific concepts in order to present them concisely to other lay people (particularly judges and juries).  Lee has also served as an arbitrator, often named to panels by prior opposing counsel. Here are some recent examples:

In May 2015 he won a two-week federal jury trial alleging theft of trade secrets, obtaining a $12.2 million verdict and judgment in addition to four stipulated judgments of $28.5 million reached with four defendants prior to trial.  Quantlab Technologies Ltd. (BVI) and Quantlab Financial, LLC, vs. Vitaliy Godlevsky, Andriy Kuharsky, Anna Maravina, Ping An, Emmanuel Mamalakis, and SXP Analytics, LLC, Case No. 09-cv-4039 in the United States District Court for the Southern District of Texas, Houston Division. The case was one of the top 25 verdicts in Texas in 2015.

In 2014, he served as an arbitrator in a four-week hearing of a $100 million-plus construction dispute, having been appointed to the panel by a former opposing counsel.

In 2013, he and his partner Land Murphy defended a trade secrets case in which the Fortune 500 plaintiff tried to shut down his startup client, which was formed by plaintiff's ex-employees.  After months of discovery and a four-day trial at the temporary injunction stage, the state district court granted no meaningful relief to plaintiff and the case settled confidentially soon thereafter.

In 2012, he tried a jury case as co-counsel for a Schlumberger affiliate in a patent infringement suit.  He conducted the voir dire examination to select the jury and the direct and cross-examination of the damages experts.  The jury returned a nine-figure verdict in the client's favor. The case was one of the top 25 verdicts in Texas in 2012. The case is currently on appeal, with the Federal Circuit having sustained damages of approximately $20 million.  

He has been selected as a Texas "SuperLawyer" every year since 2003 and listed every year since 2007 in Chambers USA, Leading Lawyers for Business, for commercial litigation.  Chambers has referred to him as “good on his feet” and quoted a peer who said "he just lights up the courtroom" and recognized him as among Texas’ leading individual commercial litigators.  In 2013 he was also named one of the Top 100 Lawyers in Texas by SuperLawyers -Texas edition.  He has been elected to membership in the American Law Institute.

Lee has been a contributor on the radio show "The Price of Business" commenting on diverse topics such as the competitive value of patent protection, factors that drive settlement negotiations in commercial litigation and suggestions on how employers can protect themselves from the loss of intellectual property or from unjustified lawsuits claiming that they have misappropriated others' trade secrets.  Lee has been quoted for publication on various important legal issues, including the 2014 Texas Supreme Court case Ritchie v. Rupe, which overturned decades of Texas law and severely restricted or extinguished the rights of minority shareholders in Texas.

For his concise discussion of the three most important business-related decisions issued by the Texas Supreme Court in the last two years, click on :   https://youtu.be/n65n7fPo8p8.  (Start at 1:35 to skip the flattering description of SKV.) 

In his May 11, 2016 radio appearance, found at https://youtu.be/mULVnVpBVYE, Lee discussed law firms’ obligation to clients to protect their own cybersecurity (start at 1:00), the new federal Defend Trade Secrets Act (start at 6:12), and offered a practical solution for the current dispute between Uber and the City of Houston (start at 10:20).

As an Eagle Scout and the father of an Eagle Scout, he now assists as an adult leader for Troop 212.

Victory for Quantlab

Discussed briefly above, after winning a federal jury trial for the Quantlab companies in a significant trade secrets case in May 2015, Lee Kaplan, Ty Doyle and Alex Wolf secured a permanent injunction against the two defendants who elected not to resolve the case prior to trial.  After extensive briefing and argument over the scope of the permanent injunction, the Court agreed with Quantlab that defendants Andriy Kuharsky and Emmanuel Mamalakis should be enjoined from use of Quantlab’s trade secrets, including a two-year prohibition on participation in the automated high-frequency trading business without application to and approval from the Court. Click here for a copy of the Court’s injunction.  Kuharsky worked for Quantlab as a quantitative researcher for six years.  Mamalakis is a Wisconsin attorney/investor who was the CEO of a company set up to exploit Quantlab’s trade secrets. The case is on appeal.  Click here for more details

WesternGeco v. ION Geophysical, et al.

Discussed briefly above, Mr. Kaplan served as co-counsel for WesternGeco who sued for infringement of four patents covering state-of-the-art technology for marine seismic surveys. He conducted voir dire and examination of both sides' damages experts. After a confidential settlement with one defendant during trial, WesternGeco obtained a favorable jury verdict against ION on all issues, including willful infringement, and actual damages of $105.9 million ($12.5 million in reasonable royalty and $93.4 million in lost profits). The Court entered judgment for $123.8 million.  The case was appealed and the royalty damages were sustained, and the Court may now consider whether to add enhanced damages.

Oil and Gas

Mr. Kaplan successfully defended a Fortune 100 energy company in Alaska federal court and the Ninth Circuit Court of Appeals in a $100 million lawsuit brought by another Fortune 100 energy company over an AMI agreement covering oil and gas leases.

Fraud and Contract

Mr. Kaplan successfully defended on appeal a summary judgment dismissing all common-law and statutory claims of breach of contract, fraud, and negligence in a case alleging approximately $400 million in actual damages plus additional punitive damages for purported design problems in a catalytic cracking unit.

Securities Law

Mr. Kaplan represented the Special Committee of a board of directors in the successful defense of state court litigation arising out of a going-private transaction.

Additonal Representative Matters

Board Certified in Civil Trial Law, Texas Board of Legal Specialization, 1996

Chosen as Texas Super Lawyer, 2003 - 2016

Chambers USA, "America's Leading Lawyers for Business," 2007 - 2016

Named Local Litigation Star by Benchmark Litigation, 2012 - 2016

Named Texas Top 100 Lawyer by Super Lawyers - Texas edition in 2013

Named Houston Top 100 Lawyer by Super Lawyers - Texas edition in 2005 - 2009, 2013 - 2014

Bar Admissions:
Texas, 1976


Court Admissions:

United States Supreme Court
United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Eleventh Circuit
United States District Court for the Federal Circuit
United States District Court for the Southern, Northern, Eastern, and Western Districts of Texas

 

Pro Hac Admissions:
United States District Court for the Northern District of California
United States District Court for the District of Washington


Organizations:
American Bar Association, Various Sections
American Board of Trial Advocates
American Intellectual Property Law Association
American Law Institute
Eagle Scout, Adult Leader for Troop 212
Houston Bar Association, Litigation, Entertainment and Sports Law, and ADR Sections
Houston Intellectual Property Law Association
Houston Intellectual Property Inn of Court
Institute for Transnational Arbitration
London Court of International Arbitration
State Bar of Texas Committee on Professionalism, 2005 - 2007; 2009 - 2010 
State Bar of Texas Committee on Pattern Jury Charges Vol. 3, 1983 - 1992; 1994 - 1998
Texas Aerospace Commission, 1994 - 1999 (gubernatorial appointment)
Texas Bar Foundation

"4 Ways To Intimidate Your Trial Opponent" (quoted in the article)
Law 360, July 2, 2015

"Drafting Common Sense Patents for Judges and Juries"
IP Litigator, March-April 2006 
(co-authored with Michelle Greer Galloway and David L. Hitchcock)


Speeches:

"Voir Dire in Bits and Bytes"
August 2010
Presentation and panel discussion, American Bar Association Tort and Insurance Practice Section 

"Expert Witnesses and Damages"
33rd Annual Page Keeton Civil Litigation Course, 2009
(co-presented with Carmen Eggleston)

"Intellectual Property for Civil Litigators"
State Bar of Texas Advanced Civil Trial Course, 2006. 
(co-presented with John Patton)

Posts:

"How to Make Opposing Counsel Respect (Or Fear) You"
July 2, 2015

 

Princeton University 
A.B., 1973
Woodrow Wilson Scholar

University of Texas Law School
J.D. with Honors, 1976
Friars; Order of Barristers 
Chair, Board of Advocates

Law Clerk
to the Hon. Joe McDonald Ingraham 
U.S. Court of Appeals for the Fifth Circuit 
1976-1977

Founding Partner
Smyser Kaplan & Veselka, L.L.P.
1995 - Present

Partner
Baker Botts, L.L.P.
1985-1995

Associate
Baker Botts, L.L.P.
1977-1984

Board Certified in 
Civil Trial Law by the 
Texas Board of 
Legal Specialization

American Law Institute

Institute for Transnational Arbitration

London Court of International Arbitration

American Board of 
Trial Advocates

Listed in Chambers USA,
Leading Lawyers for Business,
Commercial Litigation

Lee -Kaplan

Benchmark Litigation Star15 (1)

Benchmark Future 16

Super Lawyer Lee Kaplan

Super Lawyertop 100Lee Kaplan

 

 

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