M. KEVIN POWERS
M. Kevin Powers is a trial lawyer who genuinely enjoys going to battle for his clients. Kevin has extensive experience litigating matters in state and federal courts in Texas and around the country. He maintains an active trial docket, representing businesses and individuals in lawsuits involving commercial and business disputes such as breach of contract partnership disputes, fraud, trade secret disputes, employment litigation, and various other business litigation matters, claims against fiduciaries such as trustees, attorneys and financial advisors, real estate fraud, insurance bad faith, property damage, products liability, and wrongful death.
Kevin’s practice focuses on providing the most cost-effective outcome consistent with his clients’ objectives. Recognizing that litigation is often disruptive and frightening, he strives to reach amicable settlements on behalf of his clients, while simultaneously preparing cases for trial.
When not engaged in legal battles on behalf of his clients, Kevin enjoys training and competing in combat sports in the Gulf Coast area. Kevin actively trains in kickboxing, and actively trains and competes in Brazilian Jiu-jitsu where he currently holds the rank of brown belt.
Kevin and his wife Carrie live in the Houston area, and are the proud parents of triplets.
Areas of Practice:
• Commercial and Business Litigation
• Fiduciary Duty Litigation
• Real Estate Litigation
• Civil Litigation
• State Bar of Texas 2003
• U.S. District Court Southern District of Texas 2003
• U.S. District Court Northern District of Texas 2008
• Houston Bar Association Member
• Houston Bar Association–Committee on Professionalism Member
• Houston Bar Association–Administration of Justice Committee Member
• State Bar of Texas, Litigation Section Member
• Emory University School of Law, Atlanta, Georgia Juris Doctorate, 2003
• Southern Methodist University, Dallas, Texas B.A. B.B.A., 2000
Lead counsel for major Chinese manufacturer of oilfield pipe and equipment in breach of contract claim against U.S. based pipe distributor. Obtained favorable seven figure settlement for client.
Lead counsel for a plaintiff in a jury trial for breach of contract claim related to the sale of publicly traded securities. Obtained $350,000 unanimous verdict and judgment in favor of client.
Defended the president of a Houston-area real estate developer in a week-long arbitration seeking $4,000,000.00. Obtained a take-nothing award in favor of client.
Represented plaintiff in multi-million dollar claims for fraud and breach of fiduciary duty against attorneys and investment advisors relating to investment of client’s fortune. Obtained favorable settlement for client.
Represented plaintiff physician in lawsuit for declaratory relief and breach of contract against Houston-area, physician-owned hospital. Matter included seeking and obtaining a temporary injunction as well as obtaining summary judgment on issue of first impression under Texas law. Judgment obtained for client ultimately allowed client to obtain $2,000,000.00 in unpaid partnership distributions.
Represented two clients in $4,500,000 civil enforcement action by the United States Securities Exchange Commission relating to an alleged Rule 10b violation. Handled all discovery, pleadings, and settlement negotiations with the SEC. Assisted in responding to investigation demands of the U.S. Attorney’s Office and New York Attorney General’s Office in parallel criminal proceedings.
Represented plaintiff in breach of fiduciary duty claim against oil-rig manufacturer’s former director and the director’s wholly owned corporation where defendants artificially prolonged the life of the corporation at the expense of its creditors. Handled all pleadings and discovery in case. Obtained favorable seven figure settlement for client.
Defended client in $250,000.00 breach of contract, conversion, and breach of fiduciary duty claims involving the misappropriation of the plaintiff’s intellectual property. Handled all matters in litigation including removing case to federal court, composed all pleadings, prepared all discovery including obtaining Rule 37 sanctions against plaintiff. Obtained summary judgment for client on all claims as well as obtaining an award for client’s attorneys’ fees.
Represented plaintiff in pursuing $1,000,000.00 breach of contract action for defendant’s failure to pay for the refabrication of a high-speed oil and gas rig. Obtained settlement in client’s favor for 90% of claim value.
Lead counsel for the president of a Houston-based commercial real estate developer accused of fraud and forgery of bank documents. After a week trial, obtained a directed verdict on all but two claims against the client. The jury then returned a take nothing verdict on the remaining claims in favor of the client in less than an hour.
Lead counsel for a limited partner in a commodity trading/brokering concern. After a two-week trial, obtained a jury verdict for breach fiduciary duty against the general partner of the partnership.
Lead counsel in a bankruptcy adversary proceeding seeking to bar the discharge of a Houston-based attorney. Obtained judgment in favor of client after a bench trial.
Ingalls v. Edgewater Private Equity Fund III, L.P., 2005 U.S. Dist. LEXIS 45592 (S.D. Tex. 2005)
Dror v. Mushin, 2013 Tex. App. LEXIS 12090 (Tex. App. Houston 14th Dist. 2013)
Coghlan v. Bennett (In re Bennett), 2012 Bankr. LEXIS 3049 (Bankr. S.D. 2012)
Floyd v. Am. Block Roland Niles Int’l, Inc. (In re Cooper Mfg. Corp.), 344 B.R. 496 (Bankr. S.D. Tex. 2005)