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Areas of Practice
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Representative Experience
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Professional Background
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Professional/Civic Activities
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Speaking Engagements
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Court Admissions
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Bar Admissions
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Education
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Achievements
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Additional Information
Areas of Practice
An experienced appellate lawyer, Mr. Kratovil has successfully represented a variety of clients before state and federal courts of appeal, including oral arguments. Mr. Kratovil's practice is particularly focused on matters in the U.S. Court of Appeals for the Fifth Circuit. Mr. Kratovil assists in the representation of clients at the trial level in complex commercial disputes, frequently handling jury charges, error preservation, researching complex procedural issues, and drafting dispositive motions. He also regularly works with the firm's White Collar practice group to defend clients accused of financial, securities and tax crimes. Mr. Kratovil has developed a specialized niche as a "post-arbitration" lawyer, with expertise in confirming, modifying and vacating arbitration awards in both state and federal court.
Mr. Kratovil is a frequent author and speaker on various appellate and procedural issues, especially the topic of judicial challenges to arbitration awards. He has been published in the Texas Law Review, St. Mary's Law Journal and several other legal journals.
Mr. Kratovil joined the firm after clerking for Chief Judge Edith H. Jones of the United States Court of Appeals for the Fifth Circuit.
Areas of Emphasis
Representative Experience
- Lead counsel in successful effort to prevent the confirmation and enforcement of a $27 million arbitration award against a foreign utility company in federal court.
- Lead appellate counsel for one of the nation's largest defense contractors in a dispute with a major union concerning the interpretation and application of the parties' collective bargaining agreement, ultimately resulting in a victory for the defense contractor in the Fifth Circuit.
- Primary draftsman of briefs in a victory before the U.S. Supreme Court on behalf of taxpayers challenging the legality of secretive procedures used by the U.S. Tax Court.
- Author of winning briefs to the en banc Fifth Circuit in the circuit’s leading decision on venue transfers under 28 U.S.C. § 1404(a).
- Lead counsel in the preparation and filing of an amicus curiae brief with the Texas Supreme Court on behalf of United States Senator John Cornyn.
- Prepared winnings briefs to the Supreme Court of Texas on behalf of a policy holder in a commercial insurance coverage dispute.
- Lead draftsman of briefs to Eleventh Circuit on behalf of taxpayers who successfully challenged a multi-million dollar civil tax fraud judgment.
- Primary draftsman of winning briefs to the Fifth Circuit in a trademark case concerning the attempted re-litigation of “secondary meaning” of a descriptive trademark.
- Author of prevailing briefs to the Fifth Circuit on behalf of appellant taxpayers accused of engaging in elaborate civil tax fraud and “kick-back” scheme.
- Obtained certification of a novel question of Texas insurance law from the Fifth Circuit to the Supreme Court of Texas.
- Author of briefs to the Fifth Circuit resulting in reversal of the trial court’s grant of judgment notwithstanding the verdict in a precedent-setting multimillion dollar age discrimination lawsuit.
- Assisted trial counsel with the jury charge and error preservation in three jury trial victories in 2006-07, including “arguing the charge” in jury charge conferences.
- Assisted with briefing in the Fifth Circuit in an appeal resulting in the reversal of a jury verdict based on cumulative evidentiary errors by the trial judge.
- Preserved a trial-level victory in a procedurally complex bankruptcy-related fraud appeal.
- Obtained reversal from the Dallas Court of Appeals of a grant of summary judgment in a ground-breaking UCC Article 9 foreclosure appeal.
- Preserved a favorable class-action settlement against appellate challenges brought by multiple dissatisfied class members in the Texas Supreme Court.
- Assisted in negotiating the satisfactory settlement of a multimillion-dollar criminal tax fraud case brought against a wealthy private citizen in federal district court in Texas.
- As trial counsel in an appointed federal criminal case, achieved the partial acquittal of an inmate who had allegedly escaped from incarceration and assaulted armed guards.
Professional Background
Professional/Civic Activities
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Dallas Bar Association
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Business Litigation Section of the Dallas Bar Association (Council Member 2009 and Treasurer 2010)
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Higginbotham Inn of Court, Associate, 2005-06
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Dallas Association of Young Lawyers, Leadership Class, 2003
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Dallas Volunteer Attorney Program Volunteer
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Board of Directors, Cistercian Preparatory School Alumni Association, Immediate Past President 2008-09
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Lamplighter School Alumni Council, 2005-08
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Notre Dame Alumni Club of Dallas
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Former managing director, Texas Law Review Association, 1999-2000
Speaking Engagements
- "Perfecting the Appeal and Securing the Record," presented to the State Bar of Texas Appellate Section "Boot Camp" CLE, September 9, 2009.
- "A Look Ahead: The Next Year at the Supreme Court of Texas," presented to the Dallas Lawyers' Chapter of the Federalist Society, October 16, 2008.
- "Recent Developments in Arbitration," presented to the 18th Annual University of Texas Conference on Federal and State Appeals, May 30, 2008.
- "Challenging Arbitration Awards," presented to the Appellate Section of the El Paso Bar Association, April 18, 2007.
- "Challenging Arbitration Awards," presented to the Appellate Section of the San Antonio Bar Association, April 11, 2007.
- "Appellate Options After Arbitration," presented to the Appellate Section of the Dallas Bar Association, March 16, 2007.
- "Reducing the 'Daunting Finality' of Arbitration Awards: Crafting an Appellate Option," North Dallas Bar CLE Clinic, January 2007
- "Reducing the ‘Daunting Finality’ of Arbitration Awards: Crafting an Appellate Option," presented to the Appellate Law Section of the Dallas Bar Association, January 18, 2006
- "Challenging Arbitration Awards: A Role for the Courts," presented to the Judiciary Committee of the Dallas Bar Association, February 9, 2006
- "Appellate Options from Arbitration Awards," presented to the Appellate Section of the Houston Bar Association, April 19, 2006
- "Choosing the Right Legal Career Path for You," presented to Phi Alpha Delta chapter at Texas Tech University Law School , April 5, 2006
- "Enhancing Your Appellate Prospects," moderator of panel presentation to the Dallas Bar Association CLE Clinic, May 5, 2006
- "21 Everyday Rules for Better Legal Writing," presented to the Dallas Area Paralegal Association, May 10, 2006
- "Injunctions and Temporary Restraining Orders," presented to the Trial Skills Section of the Dallas Bar Association, December 8, 2004
Court Admissions
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U.S. Supreme Court
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U.S. Court of Appeals for the Fifth Circuit
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U.S. Court of Appeals for the Eleventh Circuit
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U.S. District Court for the Northern District of Texas
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U.S. District Court for the Eastern District of Texas
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U.S. District Court for the Southern District of Texas
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U.S. District Court for the Western District of Texas
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U.S. District Court for the Eastern District of Arkansas
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U.S. District Court for the Western District of Arkansas
Bar Admissions
Education
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J.D.,
University of Texas at Austin School of Law
(2000)
(with honors, Administrative Editor, Texas Law Review, Order of the Coif)
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B.A.,
University of Notre Dame
(1997)
(magna cum laude)
Achievements
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Texas Rising Star, Law & Politics Magazine and Texas Monthly, 2007, 2008, 2009, and 2010
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College of the State Bar of Texas (initiated in 2009)
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Leadership Las Colinas-Irving Class of 2008
Additional Information
Publications
- Recent Developments in the Law of Arbitration, by Paul R. Gendender, Christopher D. Kratovil and Stanford E. Puser, Texas Business Litigation Journal, Fall 2009, Volume 31, Number 4
- Weighing the Fraud Exception in Indemnification Provisions, DBA HEADNOTES, February 2010.
- Fifth Circuit Civil Appellate Update, App. Advoc., Fall 2009.
- Mexico and Forum Non Conveniens: Current U.S. Law, U.S.-Mexico Bar Association Report, March 2009.
- Recent Developments in the Law of Arbitration, Tex. Bus. Lit. J., Fall 2008.
- Fifth Circuit Civil Appellate Update, App. Advoc., Fall 2008
- Judicial Challenges to Arbitration Awards in the Fifth Circuit, 38 St. Mary’s L.J. 469 (2007)
- Fifth Circuit Civil Appellate Update, App. Advoc., Spring 2007
- Contracting for Appellate Review of Arbitration Awards, App. Advoc., Winter 2007
- "Rare Fifth Circuit Victory on Evidentiary Points," Hughes & Luce press release, December 18, 2006
- Judicial Review of Arbitration Awards, paper for the 16 th Annual University of Texas Conference on State and Federal Appeals ( Austin, Texas, June 1-2, 2006)
- The King Can Sometimes Err: Satterfield and Pontikes Construction v. Irving Independent School District , Tex. Sch. L. Rep ., Winter 2004-5
- Texas Contenders for the U.S. Supreme Court , Tex. Lawyer, July 11, 2005
- Separating Disability from Discipline: The ADA and Bar Discipline , 78 Tex. L. Rev. 993 (2000)
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