Kenneth Hugh Holt
Attorney / Shareholder
Mr. Holt provides both legal counseling and litigation services to individuals and businesses.
LEGAL COUNSELING AND BUSINESS TRANSACTIONS:
- E-commerce (including website rules, privacy policies, and electronic signatures)
- Software license and maintenance agreements
- Employment agreements (including confidentiality and non-competition agreements)
- Master service agreements
- Buy-Sell agreements
- Regulatory compliance (including privacy, FCPA, BIS, and OFAC)
Mr. Holt practices primarily in the areas of commercial litigation, employment litigation, insurance litigation, and professional liability law.
Mr. Holt has tried numerous cases, ranging from one day bench trials to multi-week jury trials. He has also participated in many hearings at which live testimony has been taken (for example, hearings on applications for temporary injunction, motions for contempt, and motions challenging expert qualifications). His trial experience also includes private arbitration.
Mr. Holt has represented both plaintiffs and defendants in cases involving breach of contract, fraud, negligent misrepresentation, copyright infringement, theft of trade secrets, enforcement of non-competition agreements, mechanics’ liens, violations of the Texas Deceptive Trade Practices Act, securities and failed investment expectations, business disparagement and civil conspiracy, professional malpractice, and insurance coverage disputes. Mr. Holt’s litigation experience includes:
BREACH OF CONTRACT/FRAUD
- Obtaining a defense verdict in favor of his client after a one day trial in a suit alleging that his client had fraudulently transferred the assets of a defunct company.
- Obtaining a net settlement of $717,950 on behalf of investors in a music distribution business that, it was subsequently discovered, was insolvent at the time of sale.
- Representing a corporation accused of fraud and breaches of the Texas Deceptive Trade Practices Act in connection with the sale of property that was alleged to be contaminated. The plaintiff sought over $2.4 million in damages. After a two-week trial in state district court, the jury returned a verdict in favor of Mr. Holt’s client, finding no liability.
- Obtaining a judgment for all amounts sought by his client after a trial in a suit involving the sale of telephone equipment for export to Colombia.
- Obtaining dismissal of the plaintiff’s case against a co-signer on a promissory note, after the jury was seated, by convincing the judge to exclude all evidence of plaintiff’s damages.
- Representing a company sued for breach of contract, in which the plaintiffs also sought a temporary injunction. After one day of testimony and evidence at the temporary injunction hearing, the court denied the plaintiffs’ application for temporary injunction.
- Representing a mortgage company that was sued by a mobile home retailer alleging destruction of their business because of the mortgage company’s fraud and breach of contract. Mr. Holt obtained summary judgment as to all counts in favor of his client.
- Representing a software development company in a suit against a former employee and her new employer for violation of a non-compete agreement and misappropriation of trade secrets. Mr. Holt secured an agreed permanent injunction favorable to his client after a one-day evidentiary hearing.
- Representing a company with claims against a former employee that was disparaging and interfering with the business of the client. Mr. Holt obtained an agreed permanent injunction against the former employee and his current employer prohibiting further disparagement or interference by them.
- Obtaining an agreed permanent injunction in favor of pipeline services company against former employee prohibiting violations of non-competition agreement.
- Obtaining an agreed permanent injunction in favor of an e-commerce company against former employees and their new company prohibiting violations of their employment agreements and the misappropriation of the client’s trade secrets.
- Defending a member of a limited liability company sued for breach of contract in a merger transaction valued at over $100 million. The plaintiff also sought a temporary injunction. After four days of testimony and evidence at the temporary injunction hearing, the parties reached a settlement favorable to Mr. Holt’s client.
- Obtaining a declaratory judgment in favor of his client in a suit involving a partnership dispute after a one-day trial.
- Representing a company whose website had been unlawfully copied by a competitor. A complaint was filed alleging copyright infringement and theft of trade secrets and seeking monetary damages, a preliminary injunction and a permanent injunction. Before the hearing on preliminary injunction, the defendants agreed to a final judgment barring them from ever again operating a website in competition with Mr. Holt’s client.
- Representing plaintiffs appealing a trial court’s summary judgment in a case involving alleged negligent misrepresentation and professional negligence by an accounting firm. Mr. Holt had primary responsibility for preparation of the appellate briefs and made oral argument of the case before the San Antonio Court of Appeals. The appeals court reversed the summary judgment and remanded the case to the trial court for trial on the merits as to both claims. (See, Ervin v. Mann Frankfort Stein & Lipp CPAs, L.L.P., 234 S.W.3d 172 (Tex.App. – San Antonio 2007, no pet.).)
- Representing a national commercial real estate company with claims against an environmental consulting firm for failure to identify contamination in pre-purchase due diligence. After a two-week trial in federal court, the client was awarded $650,000.
- Obtaining a settlement of $200,000 on behalf of his client against an environmental consulting firm that had negligently contaminated his client’s property.
- Representing an environmental consulting firm against claims of professional negligence related to the remediation of a site contaminated by diesel fuel. A favorable settlement was obtained for the client.
- Obtaining a settlement of $180,000 from an insurance carrier for costs of defense incurred by his client, the insured, in defending an underlying suit involving among other claims, negligent misrepresentation.
- Obtaining a settlement of $81,000 from an insurance company on behalf of a homeowner for damages suffered during Hurricane Ike.
- Obtaining a settlement of $69,000 from an insurance company on behalf of a commercial property owner for damages suffered during Hurricane Ike.
- Representing an international oil company in two lawsuits alleging contamination from an un-permitted waste disposal site. Favorable settlements were obtained for the client in both cases.
- Representing a tire disposal company against a suit by the United States for recovery of response costs under CERCLA. A favorable settlement for the client was obtained.
Kenneth Hugh Holt
Business and Commercial Litigation
Honors & Distinctions
- In December 2006, H Texas Magazine identified Kenneth Holt as one of its “Professionals on the Fast Track.”
- Named by H TexasMagazine as one of its “Top Lawyers in Houston” for 2008.
- Named by H TexasMagazine as one of its “Top Lawyers for the People” for 2009.
- BV®Distinguished rated by Martindale-Hubbell Law Directory
- Wilbur L. Mathews Endowed Presidential Scholarship in Law
- Dean’s Award for highest grade in Constitutional Law II – Jurisprudence
- Named by H Texas Magazine as one of its “Top Lawyers in Houston” for 2014.
- 1995, Texas
- 1994, Mississippi
- 1998, United States Supreme Court
- 2016, United States Court of Appeals, Fifth Circuit
- 1998, United States District Courts for the Northern, Southern and Eastern Districts of Texas
- 2003, United States District Court for the Western District of Texas
- 1994, United States District Courts for the Northern and Southern Districts of Mississippi
Professional Memberships and Affiliations
- Volunteer, Special Olympics of Texas
- Executive Director, Faith Lutheran Church, Sugar Land, Texas (2004-2006)
- Member, Board of Directors of West Houston Assistance Ministries, Inc. (2014)
- Member, Board of Faith Lutheran School, Sugar Land, Texas (2002-2004)
- Elder, First Presbyterian Church, Hattiesburg, MS (1996)
- Member and Secretary, Board of Deacons, First Presbyterian Church, Hattiesburg, MS (1995-1996)
Ferguson Braswell Fraser Kubasta, PC
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