Kendyl T. Hanks

Kendyl T. Hanks

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With a practice spanning from Texas to New York, Kendyl T. Hanks is an experienced trial litigator and appellate advocate who represents clients throughout the country in state and federal forums. Kendyl represents clients from entrepreneurs, investors, executives and partnerships to Fortune 500 companies and burgeoning multinational firms. She has experience litigating and resolving high-stakes business disputes and test cases involving contract disputes, fraud claims, breaches of warranty, fiduciary duty, alter ego, bankruptcy confirmation and adversary proceedings, negligence and estoppel, real estate disputes, securities law, tribal sovereignty, tax disputes, joint and several liability and proportionate fault, governmental immunity, and other issues of importance to her business clients.

With experience on both sides of the docket, Kendyl represents both plaintiffs and defendants, finding practical ways for clients to settle their disputes before they become irreconcilable without judicial intervention. When litigation is unavoidable, Kendyl helps clients develop and implement litigation strategies that minimize wasteful battles over procedural minutia that have little impact on the ultimate result, and focuses the team’s leverage and resources on the key issues of fact and law that will ultimately vindicate the client’s position. Because of her experience as an appellate lawyer and oral advocate, clients and trial counsel often retain Ms. Hanks to zealously pursue the client’s rights at each stage of the case, whether trying to preserve a big jury verdict through judgment and an imminent appeal, or to secure the reversal of an adverse trial court ruling or the dismissal of a meritless appeal.

Concentrations

  • Business and commercial litigation
  • State and federal appeals
  • Preservation of error during trial and preparation for appeal
  • Precedent-setting test cases
  • "Contort" litigation involving contract and tort disputes
  • Defense of governmental units against tort claims
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Capabilities

Experience

  • Appointed as Special Counsel by Tenth Circuit Court of Appeals to represent member of Kiowa Tribe in appeal of test case involving Oklahoma’s criminal anti-cockfighting laws, and novel jurisdictional dispute among state, federal, and tribal courts. Turner v. McGee, No. 10-631, in the U.S. Court of Appeals for the Tenth Circuit.°
  • Lead trial counsel in lawsuit involving fraud, alter ego, aiding and abetting, tortious interference, and UCC warranty claims stemming from subcontractors’ falsified certifications of compliance with material specifications. Dresser-Rand v. Latour Aerospace, et al., Index No. 800086/2010, pending in the Supreme Court of the State of New York, County of Erie.°
  • Represented major health care system in securing dismissal of tort claims against hospital on the basis of sovereign immunity conferred by new Texas Health & Safety Code provisions concerning election of remedies, notice and waiver by use of tangible property under the Texas Tort Claims Act. Garcia v. Baylor Irving, et al., DC-10-02152, in the 289th Judicial District Court, Dallas County, Texas; Grimaldo v. Baylor Irving, et al., Cause No. CC-0900690-A, in the County Court at Law No. 1, Dallas County, Texas; Jordan v. Baylor Irving, et al., Cause No. 09-01617-J, in the 191st Judicial District Court of Dallas County, Texas.°
  • On behalf of Newfield Exploration Co., assisted bankruptcy team with legal analysis and briefing in an adversary proceeding involving a dispute between competing bidders seeking the purchase of assets from TXCO Resources Inc., a San Antonio-based oil and natural gas exploration and development company. Newfield and Anadarko Petroleum Company purchased substantially all the assets of TXCO for $310 million pursuant to an order of the United States Bankruptcy Court for the Western District of Texas.°
  • In a closely watched multibillion-dollar Chapter 11 restructuring of a copper mining company, assisted bankruptcy team with litigation of issues pertaining to settlement of claims and confirmation of a full-payment plan proposed by parent company and sole equity holder, and denial of confirmation of competing plan proposed by the debtor. Responsible for briefing novel legal issues (e.g., concerning collective bargaining agreement and "successorship clause" with labor unions) and assisting bankruptcy team with issues concerning confirmation, drafting proposed findings of fact and conclusions of law, and assisting with securing recommendation of the parent’s plan of reorganization. In re ASARCO LLC, Chapter 11 Case No. 05-21207, in the United States Bankruptcy Court for the Southern District of Texas, Corpus Christi Division; confirmed, Case No. 2:09-CV-00177, in the U.S. District Court for the Southern District of Texas, Brownsville Division.°
  • Assisted bankruptcy and tax counsel with briefing and argument of novel issues of law and preservation of error in adversary proceeding between parent company and wholly owned, "disregarded" entity over ownership of a $50 million tax refund, liability for more than $100 million in post-petition federal income taxes owed under tax sharing agreement, and liability for taxes attributable to $600 million deferred intercompany gain. ASARCO LLC v. Americas Mining Corp. (In re ASARCO LLC), Adversary No. 07-02011, in the Bankruptcy Court for the S.D. Tex., Corpus Christi Div.°
  • Achieved complete dismissal of medical malpractice claims against hospital and employees on the basis of immunity defenses under the Texas Tort Claims Act (election of remedies, notice, and waiver of immunity by use of tangible property). Wilson v. Baylor Irving, et al., Cause No. 08-12603, in the 162nd Judicial District Court of Dallas County, Texas (dismissed 10/27/09).°
  • Assisted trial team with defending claims in multibillion-dollar fraudulent transfer, fiduciary duty, conspiracy, and aiding and abetting case.  Assisted trial team with briefing and argument of contested legal issues and legal questions of first impression, and preservation of error in anticipation of appeal. Defended claims for breach of fiduciary duty and constructive fraudulent transfer on legal grounds. ASARCO LLC v. Americas Mining Corp., No. 1:07-cv-00018, in the S.D. Tex., Brownsville Div. (judgment issued on fraudulent transfer, aiding and abetting and conspiracy, ASARCO LLC v. Americas Mining Corp., 396 B.R. 278, 421 (S.D. Tex. 2008)).°
  • Assisted trial counsel in securities class action with motion to strike class allegations and motion for leave to appeal to Fifth Circuit on novel issue pertaining to 10-b(5) securities fraud liability. In re Sourcecorp Securities Litigation, No. 3:04-CV-02351-N, in the United States District Court for the Northern District of Texas, Dallas Division (settlement prior to trial).°
  • Obtained dismissal of medical malpractice claims against hospital on the basis of sovereign immunity conferred by new Texas Health & Safety Code provisions. Litigated Texas Tort Claims Act "election of remedies" defenses on behalf of hospital employees. Wilson v. Baylor Irving, et al., No. 07-01018-E, in the 101st Judicial District Court of Dallas County, Texas (dismissed).°
  • In product liability case, assisted Kentucky trial team with preparation of expert witnesses, pre- and post-trial legal briefing, jury charge and preservation of error on issues pertaining to damages.  Following eight-week trial, obtained an approximately $170 million verdict in client’s favor. CTA Acoustics v. Borden Chemical, No. 03-CI-00824, in the 27th Judicial District Court, Lauren County Circuit Court, Division II, Commonwealth of Kentucky  (settlement following jury verdict).°
  • Assisted trial counsel with jury charge, legal briefing and judgment formation in claims for breach of contract and implied warranty of suitability, and defense of fraud and estoppel counterclaims, in commercial real estate dispute. Litigated at trial and on appeal the recoverability and segregation of attorneys’ fees for contract and implied warranty claims, and defending fraud claim. 7979 Airport Garage, L.L.C. v. Dollar Rent A Car Systems, Inc., 245 S.W.3d 488 (Tex. App.—Houston [14th Dist.] 2007, pet. denied).°
  • Challenged plaintiff’s net worth reduction of supersedeas bond based on ongoing business relationship. 7979 Airport Garage, L.L.C. v. Dollar Rent A Car Systems, Inc., No. 2002-27571, in the 80th Judicial District Court, Harris County, Texas.°
  • Obtained final dismissal of medical malpractice claims against hospital and employees on the basis of sovereign immunity conferred by the Texas Health and Safety Code provisions. Defended against constitutional challenges to statutory provisions. Hollar v. Brackenridge Hospital, No. GN502643, 200th Jud. Dist., Travis County, TX (2006) (dismissal).°
  • Represented client in seeking dismissal of claims for damages asserted by equity holders in investment fund. Leonardo LP v. Grupo TMM, No. 603245/06, in the Supreme Court for the State of New York, New York County (settlement prior to trial).°
  • Assisted trial counsel with obtaining dismissal of parallel contract and fiduciary duty lawsuit filed in New York on the basis of a first-filed action in Texas. Grey Global Group, Inc. v. CROSSMARK, No. 116004/2006, in the Supreme Court of New York County, New York (Commercial Division, Moskowitz, J.) (dismissed).°
  • In dispute arising out of complex "interest rate swap" transaction, defended district court judgment in client’s favor for contract damages and attorneys’ fees, and rejecting plaintiff’s claims under Texas and New York law for fraud, deceptive trade practices, negligent misrepresentation, good faith and fair dealing, fiduciary duty, and contract. K3C Inc. v. Bank of America, N.A., No. 06-50343, 204 Fed. App’x 455 (5th Cir. Nov 6, 2006) (affirming district court judgment).°
  • In medical malpractice lawsuit, assisted trial team with legal briefing and motion for JNOV following jury verdict, resulting in dismissal of $7.5 million punitive damages finding. Addressed causation issues pertaining to submission of settling co-defendants as "setting persons" in the jury charge, and settlement credits for judgment formation, pursuant to Tex. Civ. Prac. and Rem. Code Chapter 33. John Edward Millichamp, III, et al. v. Baylor Univ. Med. Center, et al.; Cause No. DV01-01793-E, in the 101st Judicial District County of Dallas County, Texas (2004) (settled following trial).°
  • On behalf of major telecommunications client, drafted and argued jury charge and legal briefs for trial team in claim for breach of antitrust settlement agreement. Case also involved fraudulent inducement claims, proportionate responsibility and joint and several liability issues.  Southwestern Bell Telephone v. CBS LLC, et al., No. 04-04222, in the 44th Judicial District Court of Dallas County, Texas (settled following trial).°
  • Litigated forum selection clause contained in employment non-compete agreement by mandamus to Dallas Court of Appeals and Texas Supreme Court.  In re Tyco Electronics Power Systems, No. 05-04-01808-CV in the Fifth Court of Appeals, Dallas; No. 05-0117 in the Texas Supreme Court.°
  • Represented health care client in assertion of Texas Tort Claims Act defenses, and defense of constitutional challenges to tort reform measures designating client as a governmental unit. Kent v. Baylor Medical Center Irving, No. 04-08723-D, in the 95th Judicial District Court of Dallas County, Texas (settlement prior to trial).°
  • Assisted trial team with preparation and argument of legal briefs and jury charge in business fraud, fraudulent inducement and conspiracy trial resulting in a $4 million judgment for actual fraud damages, punitive damages and attorneys’ fees. Case involved submission of proportionate responsibility questions and joint and several liability. Defended damages and attorneys’ fee award on appeal to the Dallas Court of Appeals; petition to Texas Supreme Court pending. Alexander, et al. v. Rogers, et al., 244 S.W.3d 370 (Tex. App.—Dallas 2007, pet. filed).°
  • Challenged plaintiffs’ attempt following trial to supersede $4 million judgment with a $1,000 supersedeas bond based on allegation of negative net worth. Defended plaintiff's appeal to Dallas Court of Appeals and mandamus to Texas Supreme Court seeking reduction of bond. Alexander v. Rogers, No. 03-07498-F, in the 116th Judicial District of Dallas County, Texas; No. 05-05-00233-CV, in the Fifth Court of Appeals Dallas; No. 05-0381 in the Texas Supreme Court.°
  • Assisted trial team with preparation of pretrial order and jury charge in Federal Computer Fraud and Abuse Act case. Inventory Locator Service v. Partsbase, Inc., No 02-2695-Ma V, in the U.S. District Court for the Western District of Tennessee, Western Division (settled following trial).°
  • In lawsuit concerning tortious interference claims and the right to attorneys’ fees in national MTBE litigation, assisted trial team with jury charge and analyzing legal issues in preparation for dispositive motions and trial. Cooper and Scully v. Baron and Budd, 03-04408-J, in the 191st Judicial District Court of Dallas County, Texas (favorable settlement during trial).°
  • Drafted findings of fact and conclusions of law in business dispute involving defense of breach of contract and DTPA claims. JC Plumbing and Irrigation Suppliers v. Ikon Office Solutions, No. EP 03 CA 0136, in the United States District Court for the Western District of Texas, El Paso Division (settlement during trial).°
  • Drafted jury charge for trial team in complex commercial litigation involving breach of fiduciary duty, fraud and contract claims, and claims for attorneys’ fees. Swiss Avenue Properties, L.P. v. Southern Companies, Inc., No. 03-10044-A, in the 14th Judicial District Court of Dallas County, Texas.°
  • Represented health care client in the Fifth Circuit in a case involving a question of first impression– whether the Medicare Act and the Federal Employees Health Benefits Act preempted a state lawsuit concerning insurance reimbursement contracts between private parties, warranting removal to federal court under the doctrine of preemption. Coordinated with the U.S. Department of Justice, which submitted an amicus brief in support of the client’s position. Tenet Healthcare Corp. v. Texas Health Choice, No. 3:02-CV-1940-N in the United States Federal District Court for the Northern District of Texas; No. 03-10545, in the U.S. Court of Appeals for the Fifth Circuit (settlement reached prior to resolution on appeal).°
  • In a legal malpractice case, defended a judgment ordering that the plaintiff take nothing and awarding damages to a law firm. Miller v. Kennedy and Minshew, 142 S.W.3d 325 (Tex. App.—Fort Worth 2003, pet. denied).°
  • First chair of jury trial involving contract, fraudulent inducement, statutory fraud and DTPA claims arising out of a real estate transaction. Represented clients at all stages of the lawsuit (including a parallel probate proceeding), including jury charge submissions and judgment formation. Defended constitutional challenges to applicable Texas Property Code consumer protection provisions. Coordinated with Texas Attorney General’s office, which intervened to address constitutional challenges. Defended against defendant’s mandamus after trial. Torres, et al. v. Gonzales, No. GN-201732, in the 126th Judicial District of Travis County, Texas.°
  • Represented Texas state agency in a $2+ million insurance premium fraud and negligent misrepresentation trial in bankruptcy adversary proceeding. Texas Workers’ Compensation Insurance Fund v. Aharon Chen, No. 3:02-CV-1582-P, in the United States Bankruptcy Court for the Northern District of Texas, Dallas Division (subsequently reversed on limitations grounds, In re A.C. Painting Co., Inc., 2003 WL 222572 (N.D. Tex. Jan. 28, 2003), aff’d, 88 Fed. App’x 698 (5th Cir. 2004)).°

°The above representations were handled by Ms. Hanks prior to her joining Greenberg Traurig, LLP.

  • Staff Assistant and Projects Manager, Public Strategies Washington, Inc., August 1997-August 1998
  • Intern, Chambers of Justice Greg Abbott, Texas Supreme Court, January 2000-May 2000
  • Intern, Personal Office of Senator Tom Daschle, Summer 1997
  • Intern, Democratic National Committee, Summer 1996
  • Editorial Intern, Texas Observer, Spring 1995

Recognition & Leadership

  • Lifetime Member, Cambridge Who's Who Registry of Executives, Professionals and Entrepreneurs
  • Listed, Super Lawyers magazine, Texas Super Lawyers, 2015-2018
    • Selected, "Top 50 Attorneys in Central and West Texas," 2018
  • Listed, The New York Times "Top Women Lawyers in the New York Metro Area," 2012
  • Listed, Super Lawyers magazine, New York Super Lawyers, "Rising Star," 2011-2012
  • Listed, Who's Who in American Law, 2011-2012
  • Member, Pro Bono College, State Bar of Texas, 2004-2008 and 2012
  • Elected Member, The American Law Institute, March 2011
  • Recipient, Texas Young Lawyers Association "President's Award of Merit," 2006-2007
  • Listed, D Magazine, "Best Lawyers in Dallas Under 40," May 2006
  • Listed, Texas Monthly magazine, "Texas Rising Star," Appellate Law, 2005-2006
  • Recipient, Travis County Women Lawyers Association "Pro Bono" award, 2004
  • Member, American Bar Association
    • Board of Governors, 2009-2012
    • House of Delegates, 2009-2012
    • Co-Chair, Section of Business Law, Business and Corporate Litigation Committee, Appellate Litigation Subcommittee, 2004-Present
    • Young Lawyers Division, Executive Board, 2009-2012
  • Member, New York State Bar Association
    • House of Delegates, 2009-2012
    • Committee on Courts of Appellate Jurisdiction, 2009-2011
  • Co-Chair, Princeton Women’s Network of NYC, 2009-2012
  • Fellow, American Bar Foundation, 2008-Present

Credentials

Education
  • J.D., The University of Texas School of Law, 2001
    • Order of the Barristers
    • Notes Editor, Texas Law Review
  • B.A., Politics, with honors and distinction, Princeton University, 1997
Admissions
  • Texas
  • New York
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas