Stephanie D. Clouston

Commercial

• Lead trial counsel in a hundreds of millions of dollars dispute for one of the world’s largest construction products companies
• Lead trial counsel in defense of an actuarial consulting firm against a claim for actuarial malpractice and breach of contract by a former client.
• Successfully utilized the “snap removal” strategy to remove and defend removal to federal court in multimillion-dollar wrongful death action.

Business Disputes

• Lead counsel for Swedish manufacturing company in an iron fence manufacturing suit.
• Lead counsel for computer software company in a software licensing dispute. Obtained summary judgment for software company, leading to successful dismissal of suit.
• Won a challenge to personal jurisdiction in Texas state court on behalf of an Australian power company, resulting in dismissal and voiding of a default judgment that had previously awarded relief of approximately US$200 million.
• Represented a large developer in defamation and business tort litigation and injunctive proceedings between former partners concerning a real estate development project that resulted in a positive settlement before trial.

Product Liability and Mass Tort Litigation

• Lead counsel for large U.S. fence manufacturer and Swedish-related corporation in obtaining full summary judgment dismissal in wrongful death suit in Texas state district court.
• National lead counsel for fireplace manufacturer in multiple cases across the U.S. alleging harm from glass front fireplaces.
• National counsel for two major cell phone companies in cases across the U.S. alleging personal injury from exploding phones.
• Lead counsel for a multinational conglomerate company and a manufacturing company in a Texas wrongful death suit.
• Represented fireplace manufacturers nationwide in multiple products liability lawsuits involving alleged burn injuries due to contact with the glass front of clients’ fireplaces.
• Represented a DFW-based manufacturer of HVAC and refrigeration products in claims involving defective component parts from a foreign supplier used in commercial refrigeration systems.

Consumer Class Actions

• Serving as Texas liaison counsel for a luxury automobile importer in a number of class actions.
• Obtained dismissal of a local exchange carrier in a putative class action alleging improper third-party billing practices, commonly referred to as “cramming.”
• Assisted in the representation of a food producer and marketer in various class actions involving exposure to pesticides.

Intellectual Property

• Represented a leading inmate telecommunications services provider in two patent infringement lawsuits brought by a competitor involving three-way calling and VoIP Obtained a transfer of the second lawsuit to the same venue as the first for consolidation of the matters.
• Represented another prison telecommunications company in a jury trial alleging breach of a patent portfolio agreement that ended in a favorable settlement.

Technology, New Media, and Telecommunications

• Served as lead trial and appellate counsel for a major wireless telecommunications provider in federal court on an issue of first impression involving 911 services liability. Obtained dismissal at the trial level and affirmance before the Fifth Circuit and U.S. Supreme Court on the basis that the client was entitled to 911 service provider immunity.
• Obtained a ruling of first impression at the motion to dismiss stage for a major wireless telecommunications provider that the client was entitled to immunity under the Texas Health and Safety Code from claims related to the provision of E911 services and a dismissal of multimillion-dollar claims against the client.
• Obtained a take-nothing dismissal on behalf of a major wireless communications provider in a Texas state court suit alleging dram shop liability and negligence involving the wrongful death of an employee.
• Represented a preeminent telecommunications company in obtaining an injunction and favorable verdict on a market rental determination involving a significant telecommunications center.
• Obtained summary judgment for a computer software client to enforce an end-user license agreement in Texas state court.
• Represented a large telecommunications provider in various billing disputes with third-party billing aggregators.

Energy and Infrastructure

• Prosecuted substantial damage claims against gas suppliers on behalf of a leading North American chemical
• Obtained a favorable settlement in a Department of Energy investigation of alleged violations of the energy conservation standards for certain faucets sold by the client, a global leader in manufacturing and distribution of copper, brass, and plastic tubes, fittings, pipes, and valves.
• Obtained the dismissal, before trial, of a non-manufacturing distributor of a gas valve from a Dallas suit involving a gas explosion that resulted in substantial personal injuries and a fatality.
• Counseling clients on compliance with water and energy conservation standards and labeling requirements regulated by the Department of Energy and Federal Trade Commission.