Thomas Kurth has 39 years of experience as a trial lawyer. His trial practice has spanned such diverse areas as commercial and transactional litigation, debtor/creditor disputes, disputes in the oil and gas industry, land use disputes, labor-management disputes, products liability litigation, aviation litigation and medical malpractice defense. During his career, Tom has acted as lead counsel in more than two dozen trials leading to a verdict, as well as scores of non-jury trials. His trial practice has taken him to numerous federal, state and bankruptcy court venues in Texas and throughout the United States, as well as proceedings in foreign countries.

Tom was a member of the trial team that represented ATA in a five-day breach of contract trial in which a federal court jury returned a unanimous $65.9 million breach of contract verdict against Federal Express Corporation. The National Law Journal ranked the verdict number 27 in its Top 100 Verdicts in 2010.

Selected Client Representations 

• Represented ATA Airlines in a breach of contract case where jury awarded $65.9 million.
• Represented owner of a large property in the panhandle of Texas against a pipeline company for property damages. Obtained a jury verdict for the property owner.
• Represented a lender in a dispute with the owner of a gas storage facility. The lender obtained a large judgment.
• Representation of lending institutions and lending syndicates in disputes including debt collection, debt restructurings, prosecutions to avoid fraudulent transfers, claims of equitable subordination and the defense of lender-liability claims.
• Representation of a lending institution in various forums in the United States and the maritime courts of Great Britain and the Channel Islands in prosecutions to avoid fraudulent transfers.
• Representation of operators and non-operators in disputes over the operation and valuation of oil and gas properties, lease termination disputes, and conversion of leasehold interests.
• Representation of a wide variety of oil and gas clients involving lease termination disputes, conversion of leasehold interests, disputes over exploration and AMI agreements,  JOA disputes, unitization disputes, TTT suits, lien rights in oil and gas properties and equipment, underground gas storage facilities, and disputes over geophysical rights.
• Representation of a general partner and its affiliates in defense of claims in excess of $1 billion for breach of fiduciary duties and usurpation of partnership opportunities.
• Representation of a software company in protection of its intellectual property and in defense of anti-trust claims.
• Representation of a fixed-base operator in defense of aviation wrongful death claims.
• Representation of health-care providers in defense of medical malpractice claims.
• Representation of a telecommunications company in a dispute over contract rights.
• Representation of a regional airline carrier against a major airline carrier over contract rights.
• Representation of a public utility in defense of class action claims by subordinated debenture holders.
• Representation of financial institutions in major litigation involving natural gas contracts.
• Representation of franchisor in litigation involving breach of contract claims.
• Representation of various types of commercial clients in suits involving claims for fraudulent transfers, fraud, tortious interference, breach of contract, aiding and abetting fraud, and breach of fiduciary duty.
• Representation of a major art dealer regarding the sale of a prominent piece of post-war abstract contemporary art.

Tom has been a frequent lecturer and panelist for the American Bar Association Litigation Section, the State Bar of Texas and numerous other trade and professional organizations. He has also served for several years as an adjunct professor of law on creditors' rights and remedies at the Southern Methodist University School of Law. In the recent past, Tom has spoken and written on a wide variety of topics including lender liability claims, oil and gas disputes, trial practice areas and commercial transactions. He has also spoken and written frequently on his and his firm's extensive use of technology in the office and the courtroom. Tom was voted a Texas Super Lawyer by members of the Texas Bar for the past seven years.

Activities and Affiliations

• Associate - American Board of Trial Advocates
• Member - American Bar Association, Litigation Section
• Member – Rocky Mountain Mineral Law Foundation
• Past Member - Litigation Council for the Litigation Section, State Bar of Texas
• Fellow - Texas Bar Foundation
• Fellow - Dallas Bar Foundation
• Editorial Board - The Advocate, quarterly publication of the Litigation Section, State Bar of Texas
• Member/Appointee - Judicial Nominating Commission, City of Dallas, Texas (2004-2008)

Selected Publications and Presentations 

• "Recent Litigation and Court Cases Affecting the Oil and Gas Upstream Business," presentation and paper, North American Petroleum Accounting Conference, May 16, 2013.
• "Energy Law Update," co-author with William White, 29th Annual Litigation Update Institute Course Book, State Bar of Texas, November 30, 2012.
• "Understanding Hydraulic Fracturing: Issues, Challenges and Regulatory Regime," co-author with William D. White, Practical Law Company, November 27, 2012.
• "Shale-Gas Cases Important in State-Level Upstream Litigation," author, Natural Gas & Electricity, April 2012.
• "State-Level Upstream Gas Litigation," white paper, February 27, 2012.
• "Shaking Up Established Case Law And Regulation: The Impacts of Hydraulic Fracturing," co-author with William D. White, The Advocate, Jan. 5, 2012.
• "Current Developments in Energy Litigation," presented at the 10th Annual Energy Litigation Conference, co-sponsored by The Institute for Energy Law of The Center for American and International Law, the American Bar Association Section of Environment, Energy, and Resources, and the American Bar Association Energy Litigation Committee of the Section of Litigation, November 3, 2011.
• "Regulatory Developments - Water Access/Wastewater, Severance Taxes, and Drilling Regulations," presented at the Platts Oil & Gas Shale Developer Conference, June 21-22, 2011.
• "Lender Liability, Historical and Emerging," author and presenter at the Suing, Defending and Negotiating with Financial Institutions Conference, State Bar of Texas, February 10-11, 2011.  
• "American Law and Jurisprudence on Fracing," with Michael Mazzone, Mary Mendoza, and Christopher Kulander, Rocky Mountain Mineral Law Foundation Journal, Vol. 47, No. 2, 2010. (This paper was updated in 2011 and 2012; the updated white paper, "American Law and Jurisprudence on Fracing - 2012," can be found here.)
• "An Overview of Selected Issues in Punitive Damages," presented at UT Continuing Education, The Damages Institute, September and October 2004.
• "Videotape Depositions and Related Technology Tools: Important Considerations Regarding the Taping and Presentation of Video Deposition Testimony and Exhibits," Fall 2004 issue of The Advocate, published quarterly by the Litigation Section, State Bar of Texas.

Professional Recognition

• Recognized as one of the Best Lawyers in America - Commercial Litigation; Oil and Gas Law (2008-2012) and Litigation - Banking & Finance, Litigation - Bankruptcy, and Litigation - Real Estate (2012)
• Recognized as a Texas Super Lawyer - Business Litigation (2004-2012)
• Recognized in the Global Register Who's Who in Executives and Professionals
• Recognized in the 2009 Bar Register of Preeminent Lawyers
• Recognized in the Cambridge Who's Who Registry among Executives and Professionals

• Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™

Selected Representative Experience

Online Publications