Kelly D. Hine

Representative Experience

• Represented semiconductor company in suit against former executive employee on breach of confidentiality agreement. Obtained jury verdict with seven-figure award. *
• Defended automobile auction in antitrust action brought by automotive transport service alleging plaintiff was wrongfully denied access to "essential facility." On motion by client, the court found that plaintiff's claims were not legally tenable or factually sufficient to warrant a trial. Obtained summary judgment that was upheld by Texas Court of Appeals for the Eighth District. *
• Defended film director and production company in defamation and invasion of privacy lawsuit. An individual who appeared in the trailer to an Oscar®-nominated documentary film alleged that use of his image misappropriated his likeness and harmed his reputation. Successfully moved to dismiss, with court ruling that plaintiff failed to state a claim upon which relief could be granted. *
• Represented client in matter seeking disclosure of confidential and proprietary documents. Obtained vacatur and dismissal of default judgment. Successfully defended result on appeal to US Court of Appeals for the District of Columbia Circuit. *
• Defended fraud, breach of fiduciary duty and breach of contract claims brought against private equity fund, fund executive, portfolio company and portfolio company executives in post-investment lawsuit by co-founder of SaaS company. *
• Defended SaaS company against claims asserted by key customer arising from data breach that disclosed customer's information. Obtained confidential resolution without litigation that included payment of full benefits of cyber-insurance policy and preserved ongoing business relationship of company and customer. *
• Represented semiconductor company in litigation against former senior engineer who resigned under suspicious circumstances and began working for competitor in same field. Obtained temporary restraining order enjoining former employee from working for competitor. Resulted in individual's resignation from competitor and returning to work for client. *
• Defended fraud, breach of fiduciary duty and breach of contract claims brought against private equity fund and fund executive in post-investment arbitration by former owner of manufacturing company. *
• Represented semiconductor company in suit against nine former employees who were involved in design and engineering of integrated circuits for power supply control functions and who resigned en masse to accept jobs with direct competitor. Obtained temporary restraining order and permanent injunction prohibiting defendants from contacting certain customers, using or disclosing client's trade secrets, and soliciting or hiring client's employees. *
• Defended law firm and investigator hired by law firm in civil SEC investigation of alleged insider trading and collusion between law firms and hedge funds known for taking "short" positions on stocks. After receiving client's "Wells" submission, the SEC closed its investigation without instituting civil action. *
• Represented former executive in suit for breach of stock option contract. Obtained multimillion-dollar jury verdict for plaintiff. Argued successfully in defense of judgment on appeal to US Court of Appeals for the Fifth Circuit. *