Kody D. L. Kleber

Experience

Oil and Gas Litigation

• Counsels and defends a national drilling rig contractor in five wrongful death suits and a personal injury suit arising from a well blowout in Oklahoma.
• 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. 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.
• 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 

• Served as first chair in the representation of 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 international industrial gas and chemical company in a copyright infringement matter in the District of Delaware relating to unauthorized distribution of subscription newsletters. Negotiated a favorable result for the client.
• Represented, as second chair, 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, served as first chair in a trademark enforcement action against an individual and negotiated a favorable settlement.
• 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.

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. Won a significant sanctions motion and obtained a favorable settlement for client.

Real Estate Litigation and Premises Liability Litigation

• Counsels and represents a real estate investment and services firm in 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 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.  

Trusts and Estates Litigation

• Represented and counseled a national bank and individuals in trusts and estates litigation matters in Texas.

Other Work

• Represents the Houston Zoo as litigation counsel and in negotiating and drafting various vendor, supplier and services contracts.
• 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.
• 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

Community

• Dispute Resolution Center of Houston: Board of Directors