Jeremy D. Kernodle is an accomplished litigator who focuses on appeals and government litigation. He has represented corporations, boards of directors, and individuals in appeals in the U.S. Supreme Court, the Texas Supreme Court, and numerous intermediate federal and state courts. He has successfully litigated cases against various federal agencies, including bid protests in the U.S. Court of Federal Claims. His experience covers a range of substantive legal areas, including constitutional and administrative law, securities litigation, False Claims Act claims, and government contract disputes. Most recently, Jeremy and other lawyers at the firm won a significant victory for a former CEO sued by the SEC for stock option backdating. The court granted summary judgment to the CEO on nearly all the claims against him.
Prior to joining Haynes and Boone, Jeremy served as an attorney-adviser in the Office of Legal Counsel at the U.S. Department of Justice, where he was among a small number of lawyers advising the White House and other senior Executive Branch officials on constitutional and other significant legal issues. He previously worked in the Trials and Supreme Court/Appeals practice groups at Covington & Burling in Washington, D.C., and served as a judicial law clerk to the Honorable Gerald B. Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit.
A recognized leader, Jeremy is currently the President-Elect of the Federal Bar Association, Dallas Chapter, and is the Vice President of the local chapter of the Federalist Society. He was named a "Rising Star" in appellate litigation in Texas in 2010 and 2011, and a "leading Appellate Practitioner" in the Fifth Circuit by Benchmark Litigation in 2011.
Representative Matters
- Won summary judgment in a stock option backdating case brought by the SEC against a former CEO (2011).
- Won affirmance of a multi-million dollar judgment in a commercial dispute involving the refinance of a $22 million construction loan (2010).
- Successfully argued that a company waived its attorney-client and work product privileges in conducting an internal investigation. The decision received considerable media attention because of its significance to this area of the law (2009).
- Advised health care provider in dispute against state-owned hospital system regarding multi-million dollar government contract (2008).
- Obtained reversal of $8.5 million judgment against Blockbuster and won award of $2.5 million in attorneys' fees and costs (2008).
Selected Speaking Engagements
- Panelist, "Advice & Tips for Practicing in the Northern District of Texas" (January 2012)
- Panelist, "The Rise in Whistleblower Liability" (June 2011)
Professional Recognition
- Named a Leading Appellate Practitioner in the Fifth Circuit by Benchmark Litigation (2011)
- Selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2010-2011)
Professional Leadership
- Federal Bar Association, Dallas Chapter, President-Elect (2011-2012)
- Federalist Society, Dallas Chapter, Vice-President (2011-2012)
- Federal Bar Association, Government Contracts Section
- Dallas Bar Association, Appellate Section
- State Bar of Texas, Appellate Section
- Bar Association of the Fifth Circuit
- Patrick E. Higginbotham Inn of Court, Associate (2008)
Selected Representative Experience
Max Duncan Family Investments, Ltd. v. NTFN Inc., 267 S.W.3d 447 (Tex. App.-Dallas 2008, pet. denied)
In a case involving a real estate lien against company property, successfully defended a summary judgment on appeal and obtained a full award of attorneys’ fees.
Duncan v. NTFN Inc. and Morningside Property Co., No. 05-07-00430-CV (Tex. App. - Dallas Aug. 26, 2008, no pet. h.)
Won a complete victory for its clients, NTFN Inc. and Morningside Property Company, in an appeal of a summary judgment involving a real estate lien against company property. The Dallas Court of Appeals affirmed the summary judgment in our clients' favor and held that they were entitled to the full amount of their attorneys' fees.
In re Citigroup Global Markets, Inc., No. 08-0289 (Tex. May 13, 2008)
Obtained a favorable settlement after persuading the Texas Supreme Court to grant oral argument in this mandamus proceeding involving the application of a forum selection clause to a nonsignatory under the direct benefits estoppel doctrine.
Blockbuster Inc. v. C-Span Entertainment, Inc., 276 S.W.3d 482 (Tex. App. - Dallas 2008, pet. granted, judgm't vacated w.r.m.)
In a suit brought by a franchisee, obtained reversal of an adverse $8.5 million judgment and secured an award of $2.5 million for attorneys’ fees and costs.
United States ex rel. Abbott v. BP P.L.C., BP America, Inc., BP Exploration and Production, Inc.
Representation of BP in
United States ex rel. Abbott v. BP P.L.C., BP America, Inc., BP Exploration and Production, Inc. (S.D. Tex.), a False Claims Act
qui tam suit involving allegations of false certifications of compliance with regulations governing defendants’ offshore oil and gas leases in the Gulf of Mexico.
United States ex rel. Guzder v. MKM Engineers, Inc., et al.
Representation of an environmental and munitions consulting and remediation firm, in
United States ex rel. Guzder v. MKM Engineers, Inc., et al. (S.D. Tex.), a False Claims Act
qui tam suit involving allegations concerning eligibility to participate in the Small Business Administration’s 8(a) program.
Olsen v. Commission for Lawyer Discipline, 347 S.W.3d 876 (Tex. App.-Dallas 2011)
Persuaded the Dallas Court of Appeals to affirm a summary judgment on behalf of the State Bar of Texas disbarring an attorney for fraud and other misconduct and awarding the bar its attorneys' fees.
Rockwall Commons Assocs., Ltd. v. MRC Mortgage Grantor Trust I, 331 S.W.3d 500 (Tex. App.-El Paso 2011)
Persuaded the El Paso Court of Appeals to affirm a multi-million dollar judgment in a commercial dispute involving the refinance of a $22 million construction loan.
ITL International, Inc. v. Constenla, S.A., No. 10-60892 (5th Cir. 2011) (opinion pending)
Argued on behalf of a Costa Rican distributor that the district court lacked personal jurisdiction to adjudicate claims brought by an American company for alleged conduct in Costa Rica.
SEC v. Microtune, 783 F. Supp.2d 867 (N.D. Tex. 2011)
In a stock option backdating case, won summary judgment and dismissal of all claims in action brought by the SEC against a former CEO.
Online Publications
12/21/2011 -
DOJ Report Emphasizes Continued Growth of False Claims Act Cases
On Monday December 19, 2011, the Department of Justice announced year-end results for False Claims Act (“FCA”) cases in fiscal year 2011. The results demonstrate a dramatic increase in FCA cases brought by the government and private whistleblowers.
11/09/2011 -
D.C. Circuit Dismisses Sallie Mae FCA Suit Based on First-to-File Rule
The United States Court of Appeals for the D.C. Circuit recently held that a complaint does not need to meet the heightened pleading standards for fraud claims in order to satisfy the first-to-file rule under the False Claims Act (“FCA”).
10/20/2011 -
Supplementing a Bid Protest Record in a Post-Axiom World
Many practitioners believe that the Federal Circuit’s recent decision in
Axiom Resource Mgmt., Inc. v. United States, 564 F.3d 1374 (Fed. Cir. 2009), greatly restricted the ability of courts to supplement an administrative record in a bid protest action. The court held in that case that “supplementation of the record should be limited to cases in which ‘the omission of extra-record evidence precludes effective judicial review.’”
06/30/2011 -
Supreme Court Issues Two Significant Personal Jurisdiction Decisions
The United States Supreme Court recently issued two important opinions clarifying when a court may exercise personal jurisdiction over a foreign defendant.
05/23/2011 -
Supreme Court Holds FOIA Responses Trigger FCA Public Disclosure Bar
The Supreme Court recently held that a federal agency’s response to a Freedom of Information Act (FOIA) request could bar a later False Claims Act case based on the information disclosed. In
Schindler Elevator Corp. v. United States ex rel. Kirk, 563 U.S. __ (2011), the Court held that a response to a FOIA request is a “public disclosure” in an “administrative report” under the False Claims Act.
04/01/2011 -
Limitations on the SEC: The Application of 28 U.S.C. § 2462 in SEC Proceedings
Although there is no express statute of limitations for lawsuits instituted by the SEC, numerous courts have held - and the SEC has acknowledged - that the federal “catch all” statute of limitations, 28 U.S.C. § 2462, applies to claims brought by the SEC.
07/20/2009 -
The 2008 Term of the United States Supreme Court: The Decisions Most Important to the Business Community
The United States Supreme Court recently issued several significant decisions affecting businesses and the nature of business litigation in federal court. The most important of these decisions are summarized in this alert.
06/04/2009 -
Invisible Ink: What You Didn’t Sign (Binding Non-Signatories to Arbitration Clauses, Jury Waivers, and Forum Selection Clauses)
Increasingly, sophisticated parties are agreeing to mandatory arbitration provisions, jury waivers, or forum selection clauses in order to control any future litigation. This paper gives an overview of how the Texas Supreme Court has addressed issues that arise, and attempts to predict how it might resolve similar questions in the future.