Kristine L. Roberts

Defeated a class action claiming FCRA violations arising out of alleged improper access of credit reports; the federal court granted a motion to dismiss for lack of standing, finding that the alleged injuries (invasion of privacy, related emotional distress, and increased risk of data breach) were insufficiently concrete.

Defended banks in multiple class actions involving allegations related to the assessment of overdraft fees and return item fees.

Served as lead counsel and negotiated favorable settlement of a shareholder derivative action and shareholder class action against a corporation's board of directors and officers, in which the plaintiffs alleged mismanagement, self-dealing, and fraud.

Won partial summary judgment of claims for breach of contract, breach of fiduciary duty, conspiracy and punitive damages in case against fiduciary related to trust encroachments; achieved favorable settlement of remaining claims.

Represented a financial institution's trust department in dispute over trust distributions.

Successfully defended the former CEO and current executive chairperson of a publicly traded Fortune 500 company in a lawsuit brought by a shareholder seeking to recover more than $1 million in alleged short-swing profits under Section 16(b) of the Securities Exchange Act. Won on a motion for summary judgment by arguing that the stock sales were exempt transactions that only changed the form of beneficial ownership without altering the pecuniary interest in the stock.

Won motion to dismiss shareholder class action alleging that a merger proxy violated Section 14(a) of the Securities Exchange Act of 1934.

Successfully represented a financial institution in a post-merger federal lawsuit challenging merger disclosures; the plaintiff voluntarily dismissed the case after the bank supplemented its disclosures, and the court denied the plaintiff's motion for attorney's fees.

Won an award favoring a broker-dealer client in a FINRA arbitration against an institutional investor seeking more than $3 million in damages for alleged fraud and unsuitable investment recommendations.

Successfully defended a financial institution in federal court action alleging violations of federal and state securities laws, commercial bribery, and aiding and abetting the breach of fiduciary duties.

Successfully represented municipality and utility division in successive billion-dollar, landmark water rights lawsuits filed by a neighboring state over rights to groundwater in an interstate aquifer. Most recently prevailed in an original action filed with the U.S. Supreme Court, culminating in a precedent-setting, unanimous ruling in favor of our clients. Previously prevailed in federal district court, defending the trial court dismissal at the U.S. Court of Appeals for the Fifth Circuit, and opposing the plaintiff's petition for certiorari to the U.S. Supreme Court.

Prevailed in the U.S. Court of Appeals for the Fifth Circuit, which upheld a district court's ruling in favor of our banking client regarding a claim brought under the Equal Credit Opportunity Act related to the Small Business Administration's Paycheck Protection Program.

Served as lead counsel on appeal that led to appellate court's vacating $24 million judgment against multiple clients.