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 oil and gas, contract, trademark, copyright, and real estate disputes. He also handles trusts and estates and personal injury defense matters. Kody has extensive experience representing his clients in many different forums, including mediation and arbitration.

Select 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.
  • 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.
Real Estate Litigation and Premises Liability Litigation
  • Counsels and represents a real estate investment and services firm in real property disputes.
More »

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.

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