Karen C. Burgess
Top rated Business Litigation attorney in Austin, Texas
Practice Areas:
Business litigation,
Securities litigation,
General litigation,
Intellectual property litigation,
Wrongful termination
Education Qualification:
The University of Texas School of Law
Practice Areas:
Business litigation,
Securities litigation,
General litigation,
Intellectual property litigation,
Wrongful termination
404 W 13th StAustin, Texas, 78701
First Admitted: 1996, Texas
Professional Webpage: https://burgesslawpc.com/karen-burgess/
Bar/Professional Activity:
- Licensed by the Supreme Court of Texas, 1996
- Texas State Bar Annual Meeting, Co-Chair, 2019
- American Law Institute
- International Society of Barristers
- American Board of Trial Advocates
- American College of Trial Lawyers
- Austin Bar Association Civil Litigation Section, Chair 2013
- Texas Bar Foundation Fellow and District Nominating Committee, Co-Chair
- Lloyd Lochridge American Inn of Court, President, 2018-2019
- State Bar of Texas Annual Meeting, Co-Chair, 2019
- American Board of Trial Advocates, National Board of Directors, Foundation Trustee 2021-2024
- American Board of Trial Advocates, National Board of Directors, President of Austin Chapter 2021
- American Board of Trial Advocates, National Board of Directors, Treasurer 2018-2020
- International Academy of Trial Lawyers–Board of Directors, Secretary/Treasurer 2018-2021; Dean 2021-2022
- U.S. Court of Appeals for the Fifth Circuit
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Western District of Texas
Verdicts/Settlements (Case Results):
- Represented plaintiff in international contract dispute case against the second largest telephone company in Mexico and achieved a $35.6 million judgment after federal jury trial.
- Represented global, Austin-based software company in trade secret litigation against its primary competitor; confidential settlement reached two-weeks prior to trial after nationwide depositions and monthly hearings
- Represented high net worth family against financial and tax advisors who exposed them to significant tax liability and reached settlement with the last defendant two weeks before trial after nationwide depositions and monthly hearings
- Tried case against fiduciary for breach and failure to disclose; settled midway through jury trial
- Represented severely-burned plaintiff in premises liability jury trial; after verdict, judgment entered in the amount of $9,005,206.72 for his injuries
- Settled fiduciary litigation mid-way through jury trial in November 2014.
- Class counsel for 60,000 policyholders; trial court certified the class on July 1, 2003.
- Won evidentiary hearing on application for forensic inspection and temporary injunction based on Trade Secrets Act.
- Won money damages as well as a declaration of defamation in arbitration on behalf of the CEO of a company publicly traded in New Zealand.
- Successfully defended British company in special appearance in Texas court; case dismissed.
- Argued and won appeal granting defendants the right to trial by jury when a co-defendant attempted to force them to arbitration.
- Represented surgeons in fiduciary litigation; confidential settlement reached after Ms. Burgess’ opening statement.
- Defended insurance company in action by former agent; confidential settlement reached after one week of trial.
- Tried federal securities case on behalf of two plaintiffs; jury awarded $4,600,000 and court entered judgment on that amount.
- Settled software trade secret misappropriation dispute during week-long temporary injunction hearing.
- Represented owner of museum quality furniture damaged by movers, obtained judgment after a bench trial, and settled with the movers’ insurance companies.
- Successfully defended publicly-traded company against $20 million claim and jury awarded fees in our client’s favor.
- Won verdict of $3,750,000, with a $276,00 offset, for local auto shop in federal court; settled confidentially before retrial on punitive damages.
- Represented management buyout group in contract and fraud case; following hearing on the merits, arbitration panel awarded our client $2,484,184.22.
- Secured temporary injunction under the Fraudulent Transfer Act against developer on behalf of a condominium regime after evidentiary hearing; funds went to escrow upon closings.
- Defended elevator service company in a $1.2 million breach of warranty/DTPA claim; achieved a judgment for the defense after arbitration.
- Defeated summary judgment by insurance carrier in Milwaukee, Wisconsin court and achieved permanent injunction in Texas court, which allowed for confidential settlement of multi-state litigation between sports broadcasting company and competitor.
- Represented global, Austin-based software company in trade secret litigation against its primary competitor; confidential settlement reached two-weeks prior to trial after nationwide depositions and monthly hearings.
- Represented plaintiff in case of tortious interference with patients; after jury verdict, court entered judgment in favor of our client in the amount of $1,491,593.35.
- Defended software company in breach of contract action by distributor; settled favorably during jury trial.
- Tried commercial real estate dispute between publicly-traded technology company and developer; confidential settlement reached midway through jury trial.
- Defeated non-compete in evidentiary temporary injunction hearing.
- Won jury trial for defendant and preserved it on appeal; plaintiff sought seven-figure lost profit recovery in cargo case.
- Secured summary judgment for chemical manufacturer in fire case based on federal preemption.
- Obtained defense verdict for property owner after jury trial.
- Represented plaintiff in premises liability case; after verdict for plaintiff, judgment entered in the amount of $9,005,206.72.
- Represented venture-capital firm and benefits company as plaintiffs in suit against bank and promoter; settled Friday before jury trial after many hearings.
- Represented class of 5,000 software purchasers; trial court certified class; certification order affirmed on appeal, see Henry Schein, Inc. v. Stromboe, 28 S.W.3d 196 (Tex. App.—Austin, pet. granted); reversed by the Texas Supreme Court in Schein v. Stromboe, 102 S.W.3d 675, 46 Tex. Sup. Ct. J. 103 (Tex. Oct 31, 2002).
- Represented angel investor and won a temporary injunction and motions to compel forensic inspection, for contempt, for summary judgment and for advancement of fees in case against Delaware LLC and co-managers after multiple days of evidentiary hearings.
- Represented a high net worth family against financial and tax advisors who exposed them to significant tax liability and reached settlement with the last defendant two weeks before trial.
- Represented corporate general counsel in securing value of stock options promised in technology company; confidential settlement entered one week before trial.
- Won AAA arbitration over insurance coverage of $4,600,000 jury verdict in securities case in Denver, Colorado.
- Obtained dismissal for a District Operator and Municipal Utility District on plea to the jurisdiction.
- Obtained injunction to enforce noncompetition agreement and anti-rolling provision against insurance agent after contested, evidentiary hearing.
- Won defense verdict for commercial property owner after jury trial on breach of contract.
- Represented biomedical engineer in partnership dispute regarding medical device patents and royalties; confidential settlement reached at arbitration final hearing.
- Defended semiconductor design firm in sex discrimination case; defense verdict and take-nothing judgment entered.
Special Licenses/Certifications:
- Board Certified in Civil Trial Law, Texas Board of Legal Specialization, 2008
Pro bono/Community Service:
- People’s Community Clinic Foundation Board of Trustees, President, 2015
- Westlake Hills Presbyterian Church, Church Elder
- Paramount Theater, Gala Auction Chair 2015
- Ann Richards School for Young Women Leaders, Foundation Board; Chair of Governance Committee
Honors/Awards:
- Commercial Bar Association of England Honorary Overseas Member
- University of Texas School of Law Alumni Mentor of the Year Award 2018
- “Karen C. Burgess Public Interest Fellowship” awarded by the Whitehurst Family in 2018
- Texas Lawyer’s “Winning Women” 2011 (1 of only 20)
- Travis County Women Lawyers Association “Litigator of the Year” 2012
- The Best Lawyers in America® (BL Rankings) Commercial Litigation, 2017-present
- Lawdragon 500 Leading Lawyers in America, 2016-present
- “Super Lawyer” (Thomson Reuters) as featured in Texas Monthly® 2012-present; “Rising Star” (Thomson Reuters) as featured in Texas Monthly® 2004-2011
- “Top 50 Central & West Texas Super Lawyer” (Thomson Reuters) as featured in Texas Monthly® 2014-2016 and 2018-2020
- “Top 50 Women Super Lawyer” (Thomson Reuters) as featured in Texas Monthly® 2014, 2016, 2019 and 2020
- “Top 100 Texas Super Lawyer” (Thomson Reuters) as featured in Texas Monthly®, 2019
- AV® Preeminent™ 5.0 out of 5, Martindale-Hubbell Peer Review Rating
Educational Background:
- Universidad Católica, Valparaiso, Chile: Studied Latin American History and Policy, 1990
- Rice University, Houston, Texas: Bachelor of Arts in Economics, Spanish and Policy Studies, 1992
Scholarly Lectures/Writings:
- American Board of Trial Advocates National Trial College at Yale Law School, Faculty 2018
- American Bar Association Intellectual Property Law Conference in Washington, D.C., presenter 2014
- Advanced Evidence and Discovery Course, presenter 2016
- TexasBarCLE Winning Your Case Before Trial, presenter 2016
- UT School of Law Winning at Deposition: Skills and Strategy, presenter 2017, 2021
- TexasBarCLE Advanced Evidence and Discovery, presenter 2016, 2018
- Baylor Law Legal Mapmaker, presenter 2016-2019
- Dallas Bar Association Trial Skills Section, presenter 2018
- Hidalgo County Bar Association David H. Hockema Civil Trial Law Conference, presenter 2016, 2018
- TexasBarCLE Collections & Creditor’s Rights, presenter 2018 and 2021
- Austin Bar Association Bench Bar, Co-Chair 2014; presenter 2016 and 2018
- TexasBarCLE Business Disputes, presenter/presiding officer 2015-present; Course Director 2016
- UT Page Keeton Civil Litigation Seminar, presenter/presiding officer 2011-present; Course Director 2014 and 2018
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