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Lee Kaplan has tried dozens of cases in state and federal courts over the last four, representing plaintiffs and defendants. Within a year of his first trial as a novice lawyer he tried seven jury cases, winning six outright and in the other, admitting liability and obtaining a verdict lower than the settlement demand. With larger and more complex cases, Mr. Kaplan still relishes the challenge of representing his clients in the courtroom, often against “big firm” lawyers.
Mr. Kaplan’s docket ranges widely – it has included contract disputes, theft of trade secrets, patent infringement, the Foreign Corrupt Practices Act, securities fraud, royalty claims and class actions. He enjoys mastering complicated business dealings or “high-tech” concepts in order to present them concisely to judges and juries and regulatory authorities. Examples: in 2016 and 2017 he represented an automotive franchise and ultimately won a significant and rare ruling that the manufacturer had discriminated against the dealer in allocation of vehicles. In May 2015 he tried and won a two-week federal jury trial alleging theft of trade secrets from a high frequency trading firm, obtaining a $12.2 million verdict in addition to four stipulated judgments of $28.5 million with four defendants prior to trial; in 2017 the Fifth Circuit affirmed the judgment. In 2014 he served as an arbitrator in a four-week hearing of a $100 million-plus construction dispute, and in 2015 he served as an arbitrator in an international arbitration involving the failure of a joint venture in the petrochemical industry. In both arbitrations he was appointed to the panels by counsel he had previously opposed. In 2013 he defended a startup client in a trade secrets case in which a Fortune 500 plaintiff tried to shut down his client; he defeated efforts in a week-long temporary injunction hearing to prevent his client from dealing with certain suppliers and customers and the case settled confidentially soon thereafter. In 2012 he was co-counsel to a national firm in a patent trial involving offshore seismic technology; he conducted the voir dire of the jury and the direct and cross-examination of the damages experts for both sides. The jury returned a verdict for virtually all the damages sought, and the case is pending on appeal.
Mr. Kaplan is also a successful appellate lawyer. He successfully argued in the Texas court of appeals a summary judgment dismissing all contract, fraud, and negligence claims in a case alleging $400 million in actual damages plus punitive damages for purported design problems in a catalytic cracking unit. He also successfully defended in Alaska federal court and the Ninth Circuit a summary judgment dismissing a $100 million lawsuit between two Fortune 100 energy companies over an AMI agreement covering oil and gas leases.
Mr. Kaplan has conducted special investigations for boards of directors or special committees of publicly-traded companies and represented a special committee of a board of directors in its successful defense of litigation relating to a going-private transaction. He represented an executive who cooperated with the US Government in a wide-ranging investigation of violations of the Foreign Corrupt Practices Act that led to disgorgement and fines by others in excess of $1.6 billion.
Last Updated 10th September 2017