Lee Kaplan has represented plaintiffs and defendants in dozens of trials in state and federal courts. Mr. Kaplan still relishes the challenge of successfully representing his clients in the courtroom, often against big firms and other elite boutiques.
Mr. Kaplan’s docket includes contract disputes, trade secrets, patent infringement, the Foreign Corrupt Practices Act, securities fraud, and class actions. He enjoys mastering complicated transactions or “high-tech” concepts in order to present them concisely to judges and juries. In 2016-2017 he won a significant and rare ruling that an automotive manufacturer had discriminated against the Texas 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 (affirmed on appeal) in addition to four stipulated pre-trial judgments of $28.5 million with four other defendants. 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 by counsel he had previously opposed. In 2012 he was plaintiff co-counsel in a patent trial involving offshore seismic technology; he conducted the voir dire and the direct and cross-examination of the damages experts for both sides. The jury returned a verdict for over $100 million (virtually all the damages sought), $93 million of which were lost profits. In 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.
Mr. Kaplan also handles appeals. He successfully sustained a Texas summary judgment dismissing claims in a case seeking $400 million 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 and special committees. He also represented an executive who cooperated with the US Government in a Foreign Corrupt Practices Act investigation that led to disgorgement and fines by others in excess of $1.6 billion.
Last updated October 2018