Kenneth (Ken) Holt provides both litigation services and legal counseling to individuals and businesses. He has tried innumerable cases for juries, where he practices primarily in the areas of commercial litigation, employment litigation, insurance litigation and professional liability law.

Ken’s extensive experience includes business suits and insurance cases. 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. His trial experience also includes private arbitration and participating in many hearings on applications for temporary injunction, motions for contempt and motions challenging expert qualifications.

Ken has been recognized as one of the Professionals on the Fast Track (H Texas Magazine, 2006), Top Lawyers in Houston (H Texas Magazine, 2008, 2014), and Top Lawyers for the People (H Texas Magazine, 2009).

Admitted to Practice

States:
State Bar of Mississippi
State Bar of Texas
United States District Courts:
Eastern District of Texas
Northern District of Mississippi
Northern District of Texas
Southern District of Mississippi
Southern District of Texas
Western District of Texas
United States Courts of Appeals:
Fifth Circuit
Other Admissions:
United States Supreme Court

Education

University of Texas School of Law, J.D.
University of St. Thomas, M.B.A.
Bob Jones University, B.S.

Recognition, Honors, and Achievements

Professionals on the Fast Track, H Texas Magazine, December 2006
Top Lawyers in Houston, H Texas Magazine, 2008
Top Lawyers for the People, H Texas Magazine, 2009
Texas Bar Foundation
Rated BV Distinguished® by Martindale-Hubbell Law Directory
Wilbur L. Mathews Endowed Presidential Scholarship in Law
Dean’s Award for highest grade in Constitutional Law II – Jurisprudence
Top Lawyers in Houston, H Texas Magazine, 2014

Representative Commercial Litigation Matters

  • 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.

Busines Disputes
  • 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.
  • Obtaining a declaratory judgment in favor of his client in a suit involving a partnership dispute after a one-day trial.

Breach of Contract/Fraud
  • 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.
  • 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 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.
  • 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.
  • 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.
  • 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 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.

Other Representative Matters


Professional Negligence
  • 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 $200,000 on behalf of his client against an environmental consulting firm that had negligently contaminated his client’s property.
  • 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.
  • 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.).)

Employment/Non-Competition
  • 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.
  • Obtaining an agreed permanent injunction in favor of pipeline services company against former employee prohibiting violations of non-competition agreement.
  • 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.
  • 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.

Legal Counseling & Business Transactions
  • Regulatory compliance (including privacy, FCPA, BIS, and OFAC)
  • Buy-Sell agreements
  • Master service agreements
  • Employment agreements (including confidentiality and non-competition agreements)
  • Software license and maintenance agreements
  • E-commerce (including website rules, privacy policies, and electronic signatures)

Insurance
  • Obtaining a settlement of $69,000 from an insurance company on behalf of a commercial property owner for damages suffered during Hurricane Ike.
  • 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 $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.