Michael Kabat represents clients on both sides of the docket in litigation matters in state and federal court. Michael also has experience representing clients' interests in arbitration, mediation, and appellate matters before various Texas appellate courts and the Fifth Circuit. His litigation experience includes breach of contract, fraud, trade secret protection, attorney malpractice defense, oil and gas royalty and title disputes, products liability, and patent and trademark infringement.
Michael has been selected to the Texas Super Lawyers Rising Stars list, a Thomson Reuters service (2013-2016) and is a Barrister in the Robert W. Calvert American Inn of Courts.
Michael has substantial experience in commercial litigation, which includes:
- Representing international oil and gas company in multi-million dollar products liability lawsuit against manufacturer of casing used in 22 oil and gas wells in the Bakken and Three Forks formations.
- Representing life insurance company in defending a breach of contract lawsuit regarding alleged failure to issue policies.
- Obtaining a temporary restraining order and temporary injunction on behalf of an Austin client in a lease dispute with a commercial landlord.
- Representing a consortium of telecommunications clients in a regulatory dispute with another carrier in multiple cases in the Western and Eastern Districts of Texas and the Eastern District of Texas Bankruptcy Court. A favorable opinion was obtained from the Western District of Texas, remanding disputes back to state commissions.
- Representing a technology manufacturer in defending breach-of-contract and fraud claims arising out of a license dispute in the Western District of Texas. A take-nothing jury verdict was entered in favor of the client.
- Representing a cable operator in a lawsuit involving claims of trespass, conversion, unauthorized use of property, negligence, gross negligence, and aiding and abetting liability. The action was settled prior to trial.
- Drafting a motion to dismiss for lack of personal jurisdiction on behalf of Las Vegas gaming-industry clients. The motion resulted in the dismissal of all pending claims against those clients in litigation brought in the Western District of Texas, Austin Division.
- Obtaining summary judgment on behalf of a water well owner against claims alleging permanent nuisance, declaratory relief and monetary damages for diminished property value.
- Representing financial institutions and businesses in collecting on notes, security agreements and other contracts through litigation and arbitration, including obtaining writs of sequestration, garnishment and execution.
Michael's experience in intellectual property litigation includes:
- Defending surveillance products company in patent infringement lawsuit pending in Eastern District of Texas.
- Representing Austin software company in patent infringement lawsuit pending in Eastern District of Texas.
- Representing a manufacturer in litigation in state and federal courts in Midland involving claims of patent infringement, false marking, trademark infringement, false advertising and related state law claims. Michael, along with other firm members, obtained summary judgment on the patent and trademark claims, and the case subsequently settled.
- Prosecuting claims of trademark infringement, dilution and unfair competition on a statewide basis in all federal districts in Texas on behalf of an oil and gas industry client against more than forty different gas station operators and owners.
Michael’s experience with privacy and data security issues includes:
- Representing closely held company in litigation against ex-officer and shareholder, ensuring that company’s trade secrets were protected from disclosure.
- Representing corporation against ex-employees who had improperly acquired confidential and trade secret information for use in competing business. All information was returned and case favorably settled after conducting forensic examination of ex-employees' laptops.
- Responding to discovery requests on behalf of client that requires the production of large amounts of electronic data and email, including developing litigation holds, data retention practices, identification of relevant custodians, and developing relevant search and review protocols.
Michael's experience in professional liability litigation includes:
- Defending international law firm against claims of malpractice and breach of fiduciary duty. The action was settled prior to trial.
- Defending international law firm against malpractice and breach of fiduciary duty claims. The case favorably settled after summary judgment motion was filed and argued.
- Assisted in defending Austin family law attorney against malpractice and breach of fiduciary duty claims.
Michael's appellate experience includes:
- Drafting appellee brief to Third Court of Appeals seeking affirmance of temporary injunction obtained on behalf of client in a lease dispute with a commercial landlord. The case settled favorably shortly after brief was filed.
- Drafting appellee brief to Fifth Circuit seeking affirmance of order from Eastern District of Texas Bankruptcy Court finding an exception to the automatic stay order the police power exception. The Fifth Circuit affirmed the order in a published opinion.
- Drafting briefs in cross-appeals to Fifth Circuit and Federal Circuit relating to rulings obtained in litigation in Western District of Texas, Midland Division, involving claims of patent and trademark infringement, false advertising and related state law claims.
- Drafting jury charge and serving as appellate counsel in trespass to try title lawsuit pending in Atascosa County.