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McKool Smith


McKool Smith - Dallas
  • 300 Crescent Court
  • Suite 1500
  • Dallas
  • Texas
  • USA
  • TX 75201
  • Managing Partner: Mike McKool
  • Number of partners: 87
  • Number of lawyers: 189

Main Areas of Practice:  

Complex Commercial Litigation:
McKool Smith’s commercial litigators are experienced in all facets of complex commercial litigation, including matters involving antitrust; appellate; arbitration; bankruptcy; business and stock valuation; class actions; contract; corporate governance; energy; fiduciary duty; mergers and acquisitions; real estate; securities; and whistleblower actions, among others. The firm’s attorneys have represented clients in complex commercial litigation in every available forum, including state and federal trials and appeals, and domestic and international mediations and arbitrations.

Intellectual Property Litigation:
McKool Smith’s courtroom track record in intellectual property cases is unrivaled. The firm represents clients in all aspects of intellectual property litigation, including patent litigation; ITC/Section 337 disputes and investigations; copyright, trademark and false advertising litigation; and trade secret disputes. McKool Smith employs skilled and experienced trial lawyers with the legal and technical expertise necessary to persuade judges and juries who decide technologically complex issues. Many of the firm’s attorneys hold technical degrees and have previously worked as engineers or scientists, which offers clients an enhanced perspective in complex technological matters. Additionally, the firm’s attorneys include nine former Federal Circuit clerks. In 2013, McKool Smith was awarded US “Plaintiff IP Firm of the Year” by Managing IP. The firm was also recently named an “IP Practice Group of the Year” by Law360.

Bankruptcy Litigation:
McKool Smith’s bankruptcy litigation practice focuses on the defense and prosecution of complex lawsuits arising under bankruptcy and related state and federal laws on behalf of debtors, creditors’ committees, and other parties. The firm also represents clients in complex reorganization proceedings and out-of-court restructurings. McKool Smith’s attorneys have litigated complex multi-party disputes in courtrooms and forums throughout the United States, and were among the first called before congress to provide insights on proposed changes to the Federal Bankruptcy Code.

White Collar Defense:
McKool Smith’s white collar defense practice is led by former federal prosecutors with decades of experience in virtually every type of government investigation and prosecution. The firm’s attorneys have represented both companies and individuals in a variety of white collar matters, including allegations involving securities fraud, insider trading, bank fraud, tax violations, antitrust violations, racketeering, the Foreign Corrupt Practices Act (FCPA), environmental violations, Office of Foreign Assets Control (OFAC), government procurement violations, insurance fraud, political corruption, and criminal antirust investigations. The firm’s attorneys also effectively guide major corporations, boards, and committees through sensitive internal investigations.

McKool Smith represents international clients in US courts and international arbitration proceedings. The firm has represented many international businesses in countries across the globe, including Canada, Germany, the Netherlands, Sweden, Switzerland, Taiwan, and the United Kingdom.

McKool Smith clients have included Affiliated Computer Systems; American Airlines; Ericsson, Inc.; Federal Home Loan Mortgage Corporation (Freddie Mac); HM Capital; Hunt Oil; KB Home; Koch Industries; Halliburton; Hunter Douglas; Lennox International, Inc.; Lockheed Martin; Massachusetts Institute of Technology (MIT); Medtronic, Inc.; Novartis; Oaktree Capital Management; ParkerVision, Rambus, Inc.; State of New Mexico; Summit 6; TiVo, Inc.; Toll Brothers; US Synthetic Corp.; and Versata Software, among others.


  • 300 West 6th Street,
  • Suite 1700,
  • Austin,
  • Texas
  • USA
  • TX 78701
  • Tel 512 692 8700
  • Fax 512 692 8744
  • 600 Travis Street,
  • Suite 7000,
  • Houston,
  • Texas
  • USA
  • TX 77002
  • Tel 713.485.7301
  • 104 E Houston Street,
  • Suite 300,
  • Marshall,
  • Texas
  • USA
  • Tel 903 923 9000
  • Fax 903 923 9099
  • 865 South Figueroa Street,
  • Suite 2900,
  • Los Angeles,
  • California
  • USA
  • CA 90017
  • Tel 213 694 1200
  • Fax 213 694 1234
  • 255 Shoreline Drive, Suite 500,
  • Redwood City,
  • Silicon Valley,
  • California
  • USA
  • CA 94065
  • Tel 650 394 1400
  • Fax 650 394 1422
  • One Bryant Park,
  • 47th Floor,
  • New York,
  • USA
  • NY 10036
  • Tel 212 402 9400
  • Fax 212 402 9444
  • 1999 K Street,
  • NW Suite 600,
  • Washington, DC,
  • District of Columbia
  • USA
  • DC 20006
  • Tel 202 370 8300
  • Fax 202 370 8344

Intellectual Property - Nationwide

Basic facts about the department
Key offices include Austin, Dallas, Houston, Los Angeles, Redwood Shores and Washington, DC.

What the team is known for Strong patent litigation practice extending beyond the firm's Texas roots and into California and Washington, DC. Takes on plaintiff and defense cases for hi-tech, life sciences and mechanical engineering companies.

Strengths (Quotes mainly from clients)
"They are super trial lawyers and that's just a fact."  

"A great firm with a very deep bench of litigators." 

Work highlights Acted for Versata in a patent infringement dispute, persuading the US Court of Appeals for the Federal Circuit to uphold a $391 million judgment against SAP.

Upheld on appeal a summary judgment of invalidity in favor of Medtronic in a patent infringement dispute concerning the use of rapamycin and analogue drugs. 

Notable practitioners  

Co-founder and chairman Mike McKool is based in the firm's Dallas office.

Significant clients Ericsson, Halliburton, Lockheed Martin, Novartis, WiLAN.

Bankruptcy/Restructuring - Texas

What the team is known for Well respected for its solid expertise in bankruptcy litigation, representing defendants and plaintiffs. The firm has quickly attracted high-profile clients due to the team's skills in litigation, out-of-court restructurings and liquidation.

Strengths (Quotes mainly from clients)
"Very smart, extremely hard-working, totally committed to advancing client interests but also ready to create a practical settlement." 

"Nationally renowned. In energy, technology and engineering there's nobody better than them."

Work highlights Representing Freddie Mac in several bankruptcy matters, and in litigation relating to bankruptcy. This includes Freddie Mac's involvement in the bankruptcy case of Ocala Funding, which has subpoenaed Freddie Mac in order to investigate possible claims.

Notable practitioners  

Hugh Ray is cited as a "guru in bankruptcy" by one interviewee, who goes on to describe him as "a hard worker who is good in the boardroom, very articulate and smooth." Ray heads the firm's national bankruptcy group and is highly regarded for his many years of experience in bankruptcy litigation.

Paul Moak is commended as a "smart, up-and-coming guy." Another source praises his "mature and reasoned judgment" in complex Chapter 11 bankruptcies. His practice focuses on litigation.

Significant clients Freddie Mac, Official Committee of Unsecured Creditors of Gulf Fleet Holdings, Lon Morris Holdings, Liquidating Trustee of Deep Marine Holdings.

Intellectual Property - Texas

What the team is known for Superb team, providing plaintiff and defendant representation in complex patent infringement cases. Maintains a fine track record for its trial work. Represents a fine choice of counsel for clients in the technology, life sciences, medical device and telecom sectors.

Strengths (Quotes mainly from clients)
"A litigation practice model to emulate. A very formidable bench."

"They live to try cases."  

Work highlights Represented TiVo in separate patent infringement suits filed in the Eastern District of Texas against Motorola Mobility and Cisco Systems regarding digital video recording technology.

Acted for Ericsson in actions filed against Samsung before the ITC concerning 11 Ericsson wireless communications and data transfer patents.

Notable practitioners  

Samuel Baxter is a much-respected trial lawyer in patent cases, with an excellent record in the Eastern District of Texas. Sources affirm that he "does a great job with judges and juries."

Douglas Cawley is "a very bright lawyer" who "understands Texas juries," according to sources. He excels at patent cases concerning the rights to electronic engineering technologies.

Mike McKool is variously considered "a terrific lawyer" and a "standout" by sources. He represents some of the country's leading corporations in their respective fields in strategic IP cases. 

Theodore Stevenson is a patent litigator and attorney who has secured excellent results for clients operating in the fields of life sciences, mechanical and electrical engineering. Sources laud him as a "fantastic trial lawyer."

Gordon White is a gifted litigator on behalf of plaintiffs and defendants in matters involving computer hardware, software and telecommunications. Sources attest to his "great presence as a trial lawyer."

Kevin Burgess is a noted litigator of complex technology and patent suits. He played a leading role acting for Ericsson in the ITC action concerning wireless communications and data transfer patents.

Steve Pollinger is managing principal of the firm's Austin office, and has carved out a fine reputation for his stewardship of electronics and medical devices cases. He is acclaimed for being "very sensitive to client needs" and for his "great legal insights."

Significant clients Halliburton, Lockheed Martin, Medtronic, Novartis, Versata Software.

Litigation - Texas

What the team is known for Longstanding litigation boutique firm with four offices in Texas and additional resources in New York, DC and California. At the forefront of the IP market. A noted presence in large bankruptcies and related litigation, often on the trustee side.

Strengths (Quotes mainly from clients)
"A very talented firm in commercial litigation."

"I think very highly of the firm; it's a very collegial firm."

Work highlights Acted on the bankruptcy of the Lake at Las Vegas Resort, representing the trustee of the failed Nevada real estate development in $470 million litigation against investors.

Represented Tom Hicks and Hicks Sports Group in a number of separate cases against Texas Rangers Baseball Partners and other parties to the sale of the Texas Rangers baseball team, including a case brought by JPMorgan Chase concerning a $425 million loan.

Notable practitioners

Trial lawyer Mike McKool acts on commercial cases, including bankruptcy-related litigation and high-value securities matters. One peer describes him as a "strong lawyer, just tremendous," while another notes that "he's been phenomenally successful" in building the firm's trial practice.

Samuel Baxter focuses on antitrust and IP cases, recently trying a $113.5 million antitrust case in federal court on behalf of a large medical supplier. One peer reports that he "did an exceptional job" on a recent case, adding: "He's a star."

Peers consider Lewis LeClair a "smart guy" and a "tremendous lawyer." He primarily acts on litigation arising out of high-profile bankruptcies, recently representing the trustee of technology consultancy BearingPoint in $55 million litigation against former directors and officers.

Tom Bayko's clients include energy company Apache, for which he succeeded in dismissing a case concerning disruption of gas supplies to Western Australia, on grounds of forum non conveniens. Peers praise his skills as a trial lawyer.

Significant clients Ericsson, Halliburton, Hunt Oil, Lennox International, MetroPCS.