Kody D. L. Kleber

Experience

Oil and Gas Litigation

• Represented, as second chair, 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. The case settled on favorable terms during the arbitration proceeding.
• Served as second chair in the representation of a Gulf of Mexico operator in multiple arbitration proceedings, which concerned breach of contract claims arising from an oil production platform explosion.
• Served as second chair in the representation of a Texas operator in a lawsuit arising from breaches of an Acquisition and Participation agreement.
• Counsels and defends an offshore drilling company in a federal court breach of contract action related to a deep water drilling project in the Gulf of Mexico.
• Routinely defends oil field operators and service providers from personal injury suits arising from rig and well accidents. 

Commercial Litigation

• Represented a chemical manufacturer as the plaintiff in two breach of contract suits. Won a motion for summary judgment 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. Managed complex discovery and engaged in extensive motion practice, working to a settlement in favor of the client.

Real Estate Litigation and Premises Liability Litigation

• 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 a partner to a real estate development partnership in an arbitration dispute with development partners concerning the development of partnership property.  
• Represented and counseled a national healthcare provider in landlord-tenant disputes in multiple states.  

Trademark and Copyright Litigation 

• Counsels and defends an energy investment company in a copyright infringement matter in the United States District Court for the Southern District of Texas relating to alleged large scale unauthorized distribution of subscription newsletters.
• Represented, as second chair, a national charitable organization during a trademark infringement action against a manufacturer of children’s products in the Southern District of Texas. Managed all discovery and motion practice and assisted with a mediated settlement in which the client obtained a stipulated permanent injunction. In a separate case for this client, served as first chair and negotiated a settlement agreement in a trademark action against an individual.
• Represented a recycling technology company in dual federal and state court breach of contract suits concerning the use of jointly developed technology. Won a motion to remand one federal case back to state court and won a motion to dismiss a parallel federal court case. Drafted federal circuit court briefs for the matter as well. Ultimately assisted in achieving a settlement favorable to the client.
• Served as second chair while defending an Internet retail company in trademark trial and appeal board opposition proceedings brought by the operator of a search engine website, managing discovery and drafting all case filings. Assisted with obtaining a settlement in favor of the client, in which the plaintiff agreed to dismiss all oppositions with prejudice.

Trusts and Estates Litigation

• Represents and counsels a national bank in trusts and estates litigation matters in Texas.

Other Work

• Represented an online marketplace services company 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.
• Represents the Houston Zoo as litigation counsel and in negotiating and drafting various vendor, supplier and services contracts.
• 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.

Memberships

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

Community

• Dispute Resolution Center of Houston: Board of Directors