Lee Kaplan
lkaplan@mbssmartlaw.com
(713) 299-2282
Lee Kaplan
“Lights up the courtroom.” - Chambers
“A good tactician.” - Chambers
“Well known, well connected, and a straight shooter.” - Chambers
“Always conducted himself with integrity.” - Opposing counsel
“The Judge Whisperer.” - Opposing counsel
Lee knows trials. Lee knows Texas. Lee knows how to win.
Over the course of his stellar career, Lee has tried dozens of cases in state and federal courts, representing plaintiffs and defendants ranging from individuals to Fortune 10 corporations. Highlighting his adaptability and ease in any setting, one of those successful trials was a 19-day Zoom trial during the Covid-19 pandemic, believed to be the longest virtual trial to-date in Texas.
Through the years, Lee has secured for his clients some of the largest verdicts in Texas. Because of his seasoned experience and notable victories, Lee has long been named a leading litigator in the state and nationwide.
He is especially celebrated for his intellectual-property work, but he has also achieved superior results in oil and gas, construction, securities, antitrust, FCPA, fraud, trade-secret, shareholder-rights, and class-action matters. These wide-ranging successes are due in part to Lee’s intellectual curiosity—he enjoys learning about his clients and their industries—and his ability to master complex business dealings or scientific concepts and explain them clearly to lay people like judges and juries.
Lee also serves as arbitrator in large, complex disputes, often appointed by former opposing counsel who have observed his bright mind, business savvy, and even temperament firsthand.
A lifelong Houstonian, Lee is dedicated to the community. He is an Eagle Scout and committed assistant Scoutmaster for Troop 212.
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Represented bank in qui tam action in federal court against a hospital, the bank, and various individuals alleging violations of the Stark Amendment and the Anti-Kickback statute, as well as the Texas Medicaid Fraud Prevention Act, revolving around alleged incentives for referrals. The court found for the bank on all counts.
Represented a plaintiff whistleblower in a False Claims Act qui tam action alleging that her employer (a provider) was defrauding Medicare by falsifying records of client/patient visits. Case settled with a payment by the provider to the United States and a whistleblower recovery by our client.
Won a federal jury trial for the Quantlab companies in a significant trade secrets case, then secured a permanent injunction against the two defendants who elected not to resolve the case before trial. The Fifth Circuit affirmed.
Represented WesternGeco in suit for infringement of four of its patents covering state-of-the-art technology for marine seismic surveys. 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 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 Federal Circuit sustained royalty damages of approximately $20 million, but struck the $93 million in lost profits damages. In June 2018 the U.S. Supreme Court reversed the Federal Circuit, ruling that lost profits were available when infringing components were supplied from the United States with the intent to combine them overseas.
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.
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.
Represented the Special Committee of a board of directors in the successful defense of state court litigation arising out of a going-private transaction.
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500 Leading Litigators in America, Lawdragon
Best Lawyers in America, Patent Litigation
Litigation Star, Benchmark Litigation
America’s Leading Lawyers for Business, Chambers USA
Thompson Reuters Super Lawyer
Top 100 Attorney in Texas, Super Lawyers
Houston Top 100 Lawyer, Super Lawyers
Best Lawyers Houston, Bet-the-Company/Commercial/Intellectual Property Litigation
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State Bar of Texas
Supreme Court of the United States
United States Courts of Appeals for the Fifth, Eleventh, and Federal Circuits
United States Court of Federal Claims
United States District Courts for the Eastern, Northern, Southern and Western Districts of Texas
American Law Institute
American Board of Trial Advocates
Institute for Transnational Arbitration
London Court of International Arbitration
Troop 212 Assistant Scoutmaster
Founding Partner, Smyser Kaplan & Veselka LLP
Partner & Associate, Baker Botts LLP
Law Clerk to the Hon. Joe McDonald Ingraham, United States Court of Appeals for the Fifth Circuit
J.D., with honors, University of Texas
A.B., Princeton University