Kody D. L. Kleber

Partner

Houston
T +1.713.646.1359
F +1.713.751.1717

Overview

Kody Kleber is a versatile and conscientious advocate who makes his clients’ needs his first priority. He represents and counsels clients in a range of complex commercial litigation matters, including energy and oil and gas, contract, tort, trademark, copyright and real estate disputes. Kody has extensive experience representing his clients in multiple forums, including state and federal court, mediation and arbitration.

Select Experience

Energy and Oil and Gas Litigation
  • In connection with Baker’s representation of the Official Committee of Tort Claimants in Pacific Gas & Electric’s bankruptcy, led the development of the liability case against PG&E for the November 2018 Camp Fire, the deadliest wildfire in California history. The bankruptcy case resulted in a $13.5 billion settlement on behalf of 75,000 victims of the 2017 and 2018 California wildfires.
  • Represents and counsels a water management company in commercial litigation matters.
  • Counseled and defended a national drilling rig contractor in five wrongful death suits and a personal injury suit arising from a well blowout in Oklahoma.
Trademark and Copyright Litigation 
  • Represented Houston Zoo, Inc. as plaintiff in a trademark enforcement action against a for profit entity infringing upon the Zoo’s trademarks in the United States District Court for Southern District of Texas. Obtained a favorable settlement and agreed permanent injunction.
  • Counseled and defended an energy investment company in a copyright infringement matter in the Southern District of Texas relating to alleged large-scale unauthorized distribution of subscription newsletters. Obtained a very favorable trial verdict for the client.
Real Estate Litigation and Premises Liability Litigation
  • Counsels and represents a real estate investment and services firm in real property disputes.
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Experience

Energy and Oil and Gas Litigation

  • In connection with Baker’s representation of the Official Committee of Tort Claimants in Pacific Gas & Electric’s bankruptcy, led the development of the liability case against PG&E for the November 2018 Camp Fire, the deadliest wildfire in California history. The bankruptcy case resulted in a $13.5 billion settlement on behalf of 75,000 victims of the 2017 and 2018 California wildfires.
  • Represents and counsels a water management company in commercial litigation matters.
  • Counseled and defended a national drilling rig contractor in five wrongful death suits and a personal injury suit arising from a well blowout in Oklahoma.
  • Represented an operator and working interest owner of an East Texas oil field in an arbitration proceeding against another working interest owner in a dispute concerning joint operations of the oil field. Settled on favorable terms during the arbitration proceeding.
  • Represented a Gulf of Mexico operator in multiple arbitration proceedings concerning breach of contract claims arising from an oil production platform explosion that resulted in multiple fatalities.
  • Counseled and defended an offshore drilling company in a federal court breach of contract action related to a deep water drilling project in the Gulf of Mexico.

Trademark and Copyright Litigation 

  • Represented Houston Zoo, Inc. as plaintiff in a trademark enforcement action against a for profit entity infringing upon the Zoo’s trademarks in the United States District Court for Southern District of Texas. Obtained a favorable settlement and agreed permanent injunction.
  • Counseled and defended an energy investment company in a copyright infringement matter in the Southern District of Texas relating to alleged large-scale unauthorized distribution of subscription newsletters. Obtained a very favorable trial verdict for the client.
  • Represented an independent exploration and production company in a copyright infringement matter relating to unauthorized distribution of subscription newsletters. Obtained a favorable settlement for the client.
  • Represented an international industrial gas and chemical company in a copyright infringement matter relating to unauthorized distribution of subscription newsletters. Negotiated a favorable result for the client.
  • Represented a national charitable organization as plaintiff in a trademark enforcement action against a manufacturer of children’s products in the Southern District of Texas. After mediated settlement, obtained a stipulated permanent injunction for the client. In a separate case for this client, negotiated a favorable settlement in a trademark enforcement action against an individual defendant.
  • Represented a recycling technology company in dual federal and state court breach of contract suits concerning the use of jointly developed technology. Case settled on favorable terms for the client.
Commercial Litigation
  • Represented a chemical manufacturer as the plaintiff in two breach of contract suits. Won a motion for summary judgment on all claims in one case and negotiated a settlement in favor of the client in the second.
  • Represented a large multinational parent company in a fraud and breach of software licensing and consulting agreement suit involving a dozen independently represented subsidiaries. Negotiated and co-drafted a multimillion-dollar settlement agreement on behalf of the parent company.
  • Represented a manufacturer of gas processing equipment in a suit alleging breach of contract, fraud, trade secret misappropriation and tortious interference against former sales representatives. Won a sizeable sanctions motion and obtained a favorable settlement for client.
Real Estate Litigation and Premises Liability Litigation
  • Counsels and represents a real estate investment and development firm in contract and real property disputes.
  • While representing a national electronics retailer in a premises liability action in Harris County District Court, argued and won a motion for summary judgment on all claims for the client.
  • Represented a local coatings manufacturer against its insurance company for a loss claim after a building fire. Negotiated a settlement for the full amount of the client's claim.
  • Represented and counseled a national healthcare provider in numerous landlord-tenant disputes in multiple states.  
Other Work
  • Represents the Houston Zoo as litigation counsel and in negotiating and drafting various vendor, supplier and services contracts.
  • Represented multiple companies in responding to a civil investigative demand from the Texas Office of the Attorney General’s Consumer Protection Division.
  • Represented a natural gas exploration company in a joint Department of the Interior and Bureau of Land Management grand jury investigation into charges of mineral trespass.
  • As a volunteer prosecutor with the Houston Municipal Court, tried more than a dozen misdemeanor cases to jury verdict.
  • Served as an arbitrator on multiple arbitration panels charged with deciding fee disputes between attorneys and clients through the Houston Bar Association.

Recognitions and Memberships

Memberships

  • Houston Bar Association
    • Fee Dispute Committee
    • Alternative Dispute Resolution Committee
    • Professionalism Committee

Community

  • Dispute Resolution Center of Houston: Board of Directors

Industries

Prior Positions

  • Texas-based National Law Firm: Litigation Associate (2008 to 2013)
  • Law Clerk for the Honorable Federico A. Moreno, Chief Judge of the United States District Court for the Southern District of Florida (2007 to 2008)
  • Judicial Intern for the Honorable Xavier Rodriguez of the United States District Court for the Western District of Texas (2005)

Admissions

  • U.S. District Court, Southern District of Texas, 2009
  • U.S. District Court, Eastern District of Texas, 2008
  • U.S. District Court, Northern District of Texas
  • Texas

Education

  • J.D., The University of Texas School of Law, 2007, with honors; The Review of Litigation, Associate Editor
  • B.A., Wake Forest University, 2003, cum laude