Practices

Litigation

Appellate

Employment Law

Intellectual Property

Oil and Gas

School Law

Clerkship

Law Clerk for the Honorable Paul W. Green, Justice for the Supreme Court of Texas

Education

J.D. Texas Tech University School of Law, summa cum laude, 2016, Order of the Coif, Phi Delta Phi

B.A. Arizona State University, summa cum laude, 2005 

Bar Admissions

State of Texas,  2016

U.S. Court of Appeals, Fifth Circuit

U.S. District Court, Northern District of Texas

U.S. District Court, Southern District of Texas

Kevin Smith practices primarily in the areas of commercial litigation, appellate, civil rights, employment, intellectual property, professional liability, oil & gas, and school law.  He assists clients in a broad range of complex litigation matters, including researching and preparing motions, briefs, and other pleadings.  Mr. Smith also assists with discovery, witness preparation, depositions, and other pre-trial matters in federal and state district courts.

As an appellate practitioner, Mr. Smith has briefed every level of federal and state appellate courts, including the United States Supreme Court, the Fifth Circuit Court of Appeals, and the Texas Supreme Court.  As a fourth-year associate, he argued his first case before the Texas Supreme Court, securing a unanimous victory against veteran Texas appellate practitioners.

Mr. Smith also advises educational entities in employment, special education, open government, and a variety of other school law matters.

Prior to practicing the law, Mr. Smith worked in the insurance industry as a licensed property and casualty adjuster, handling complex coverage issues and personal automobile insurance claims in over twenty different states.

 

 

 

Experience

Rieder v. Woods, 603 S.W.3d 86 (Tex. 2020). Texas Supreme Court unanimously reversed the denial of a special appearance based on court of appeals’ adoption of a new version of the “transaction participant” doctrine.  Lead brief writer and oral advocate for Petitioners.

Sanchez v. Young County, 866 F.3d 274 (5th Cir. 2017), cert. denied, 1395 S.Ct.126 (2018) (Sanchez I); Sanchez v. Young County, 956 F.3d 785 (5th Cir. 2020) (Sanchez II). Lead brief-writer in petition for writ of certiorari to the United States Supreme Court (Sanchez I) and, on partial remand, a successful appeal of the dismissal of a civil rights case involving the death of a pretrial detainee (Sanchez II). Remanded for trial.

Bailey v. Mansfield Indep. Sch. Dist., 425 F. Supp. 3d 696 (N.D. Tex. Nov. 21, 2019). Represented a school district and several administrators in a civil rights action that garnered national media attention and involved the alleged discrimination of an elementary school teacher based on the teacher’s sexual orientation.  Lead brief writer.  Settled while on appeal to the Fifth Circuit Court of Appeals due to the district court’s denial of qualified immunity for a school administrator.

BlackBerry Corp. v. Timothy Mackie, 348th Judicial District, Tarrant County, Texas (2019). Breach of employment agreement and misappropriation of trade secrets case compelled to arbitration.

Publication

Cleveland, J., Coffman, J.H., and Smith, K., “A Practitioner’s Guide to the Texas Uniform Trade Secrets Act,” 48 Tex. J. of Business law 30 (Fall 2019) (cited in Law Review Commentaries to the Texas Uniform Trade Secrets Act, Tex. Civ. Prac. & Rem. Code §§ 134A. 001-.008 (2013) and the Texas Citizens Participation Act, Tex. Civ. Prac. & Rem. Code §§ 27.001-27.011 (2011)).

Kevin C. Smith, Comment, Unspooling the Furrowed Brow: How Eyebrow Threaders Will Protect Economic Freedom in Texas, 48 Tex. Tech L. Rev. Online Edition 71 (2016).

Professional Recognition

Comment Editor, Texas Tech Law Review

Memberships

State Bar of Texas

Appellate Section, State Bar of Texas

Litigation Section, State Bar of Texas

Intellectual Property Section, State Bar of Texas

Tarrant County Bar Association

Tarrant County Young Lawyers Association

Texas Association of Defense Counsel

Bar Association of the Fifth Federal Circuit