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S. A. KHOSHBIN Partner CLOUSE DUNN KHOSHBIN LLP 214-239-2749 (Direct) 214.220.3833 (Fax) skhoshbin@cdklawyers.com
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AREAS OF EXPERIENCE
Business/Commercial/Civil Litigation
BAR & COURT ADMISSIONS
Texas
Illinois
United States Supreme Court
Fifth Circuit Court of Appeals
Northern District of Texas Northern District of Illinois Northern District of New York Southern District of Texas Eastern District of Texas Western District of Texas
EDUCATION
Macalester College St. Paul, Minnesota, 1987 Bachelor of Arts Cum Laude with Highest Honors Core Concentration: Speech & Communications Majors: Law & Society and Philosophy Honors & Awards: Macalester Hill Scholar, Highest Honors for Thesis, Perjury and the Lawyer’s Conflict of Duty, National Achievement Academy Collegiate Award, Dean's Honor Roll, Thomas E. Hill Award for Outstanding Work in Philosophy
DePaul University Law School Chicago, Illinois, 1990 Juris Doctor Honors & Awards: Member, DePaul University Law Review, Dean’s Academic Scholarship, American Jurisprudence Award for Legal Writing/Advocacy, Rule 711 Attorney at Office of Illinois Attorney General - Access to Excellence Program
REPRESENTATIVE REPORTED CASES
Warwick Towers Council Of Co-Owners v. Park Warwick, L.P., Park Warwick Investments, L.L.C. and Park Hotel Investments, L.L.C., 2009 Tex. App. LEXIS 7851 (Tex. App. - - Houston [14th Dist.] 2009, no writ); In re Marketing Investors Corp., 80 S.W.3d 44 (Tex. App. - - Dallas 1998, pet. withdrawn by agreement after oral argument at Texas Supreme Court); Allied Marketing Group, Inc. d/b/a Sweepstakes Clearinghouse v. Paramount Pictures Corporation, 111 S.W.3d 168 (Tex. App. - - Eastland, writ denied), 31 Media L. Rep. 1762 (2003); DiFiore v. American Airlines, Inc., 483 F.Supp.2d 121 (D. Mass. 2007); Warwick Towers Council Of Co-Owners v. Park Warwick, L.P., Park Warwick Investments, L.L.C. and Park Hotel Investments, L.L.C., 244 S.W.3d 838, 51 Tex. Sup. Ct. J. 380 (Tex. 2008); Gilbert v. Outback Steakhouse of Florida, Inc., 295 Fed. Appx. 710 (5th Cir. 2008); Pinnacle West Hartford Developers, LLC v. Daly & Daly Plumbing & Heating, LLC, 2006 WL 1738363, 2006 WL 1738347 (Conn. Super. 2006); Champion Home Builders Co. v. ADT Security Services, Inc., 179 F.Supp.2d 16 (N.D.N.Y. 2002); Allied Marketing Group, Inc. d/b/a Sweepstakes Clearinghouse v. Paramount Pictures Corporation, 2000 WL 283834 (Tex. App. - - Dallas, writ denied), 28 Media L. Rep. 1637 (2000); Marketing Investors Corp. v. Dineen, 2003 WL 22245577 (N.D. Tex. 2003)
REPRESENTATIVE TESTIMONIALS
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“I've worked with and hired many attorneys over the years. Whether a big case or relatively small one, Shain showed a particularly acute attention to detail, and fierce loyalty to our interests. In case after case, as plaintiff or defendant, in state and federal court - and up to the Texas Supreme Court, Shain has gotten great results. I trust him."
Richard A. Burton
General Counsel
CreditAnswers, LLC
"From day one, Shain provided a sense of comfort and support during this difficult period. Starting with the preparation for trial, his commitment and persistence for perfection was very notable. His brilliance and stamina to fight for justice was evident even during pre trial hearings. His knowledge coupled with an innovative and aggressive style, created the foundation for an ultimate victory at trial. My colleagues and I are forever indebted to Shain."
Stuart H. Klapper
Managing Director
Autoliv Electronics Night Vision
“Shain, compliments cannot truly express my gratitude. Anderson Capital is my life, and you fought for it as if it were your own! Your innovative ideas, aggressive litigation style and decisive action gave the company the respect it deserved, while crushing the opposition. Trust is everything, and you have definitely earned the trust of Anderson Capital. We are honored to be your client. Many thanks to you and your top-flight trial team. You are the greatest!"
Terri L. Anderson
President
Anderson Capital, LLC
"What a masterful job on an impossible case! Thank you for such a large recovery."
Joanne I. Vitti
Assistant Vice President
General Star Management Company
Congratulations! Your aggressive representation of our company’s interests, and creative legal strategies, turned this David & Goliath situation on its head. I’m sure those big-firm attorneys never thought this case would change the face of First Amendment law in Texas. Thanks for your commitment and unrelenting pursuit of our company’s interests."
Richard A. Burton
General Counsel
Allied Marketing Group, Inc.
[at time of statement]
"I have the highest regard for you and your office and the way you handled yourself up here and so does everyone else that worked with you up here, so you stand tall partner."
Jack Ireton Hewitt
General Manager
Champion Home Builders
[at time of statement]
"We were looking for intelligent, thorough and passionate representation of the company's interests - while sensitive to the company's overall goals and commitments. We got it. Thanks Shain."
Mindy Appel
Vice President & General Counsel
LUA
"I don't really need to meet you, and I'll tell you why. I already think the world of you. Here we try to deal with the best in the business because that is the best way to have favorable outcomes with our cases, and I am very impressed with you. I'm very impressed with your technical skill and also, I love the fact that you are straight with me ... You are on my 'A' list."
Bob Corry
American Reinsurance
[at time of statement]
"Very thorough."
Judy Calvelli, Director
Subrogation Major Case Unit
St. Paul Travelers
"Impressive result on a tough and complicated case. The Court of Appeals' decision should assist corporations across
the State of Texas in protecting their confidential and proprietary information."
Richard A. Burton
General Counsel
Marketing Investors Corporation
[at time of statement]
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BUSINESS/COMMERCIAL LITIGATION
Mr. Khoshbin is a business/commercial litigator and trial attorney who zealously has represented companies, partnerships, insurance carriers and entrepreneurs across the country - on both sides of the docket.
RECOGNIZED "SUPER LAWYER" IN BUSINESS LITIGATION
Mr. Khoshbin has been selected as a Texas "Super Lawyer" in business litigation by Texas Monthly Magazine in 2007, 2008 and 2009.
Seriously Outstanding
only 5% selected each year
EXPERIENCE
Mr. Khoshbin has represented clients in a wide range of civil disputes, involving such matters as:
- Breaches of complex contractual relationships,
- Business torts, fraud, and violations of trust and fiduciary duties,
- Partnership, investment and derivative disputes,
- Executive employment and non-competition matters,
- Business disparagement, defamation and tortious interference lawsuits,
- Industrial product liability and construction cases,
- Multi-party insurance coverage/bad faith matters,
- Trade secret, trademark and copyright battles,
- Catastrophic manufacturing facility losses,
- Prosecution of a multi-million dollar trademark and business disparagement lawsuit,
- Defense of national class action filed in Massachusetts federal court,
- A heated corporate/executive employment litigation resulting in precedential Texas law, and
- The summary dismissal of premises liability and negligent hiring claims in triple homicide case in favor of Fortune 1000 company client.
Mr. Khoshbin's aggressive representation of clients has led to millions of dollars of recoveries, successful defenses, and appeals before various Courts of Appeals - - as well as the Texas Supreme Court - - vindicating his clients’ rights. It also has led to published opinions in State and Federal courts - some of which have been discussed or cited in such publications as the American Law Reports; the Texas Practice Guide: Business & Commercial Litigation; the Texas Practice Guide: Employment Practice; the Entertainment Law Reporter; Defamation: A Lawyer's Guide; Employment Discrimination Law and Litigation; ALI-ABA Course of Study on Advanced Employment Law and Litigation; Texas Practice Guide: Civil Appeals; Texas Jurisprudence 3d: Insurance Contracts & Coverage; Attorney-Client Privilege: State Law Texas.
Disclaimer: Past achievements are no guarantee of future results. Results depend on the facts of each case.
Mr. Khoshbin has authored articles and presentations relating to litigation, and conducts seminars for clients in-house and at industry conferences concerning issues pertinent to litigation and lawsuit/claims management. This includes Mr. Khoshbin’s selection and participation as the lead defense trial attorney in the ABA’s “Historical Trial - - Terror in San Francisco: The 1916 Preparedness Day Bombing Trial,” at the 2007 American Bar Association Annual Meeting in San Francisco, Mr. Khoshbin’s selection and participation as the lead defense trial attorney in the ABA’s “Historical Trial - - Murder at Madison Square Garden: The Trial of Harry Thaw for the Killing of Stanford White,” at the 2008 American Bar Association Annual Meeting in New York City, Mr. Khoshbin’s selection and participation as a "trial mentor" in the ABA's "Historical Trial - - The Insanity Trial of Mrs. Abraham Lincoln," at the 2009 American Bar Association Annual Meeting in Chicago, Mr. Khoshbin's presentation of “Defending The Restaurant Murder Case”, at the 2009 Hospitality Law Conference, and his article Company "Trash-Talk" Websites & The Stored Commumications Act: The Internet As The "Office Water Cooler" Of the 21st Century, published in the 9/09 In-House Counsel Newsletter for the Global Alliance of Hospitality Attorneys.
EDUCATION & LEGAL BACKGROUND:
Graduating with Cum Laude distinction and Highest Honors, Mr. Khoshbin earned his Bachelor of Arts degree with a Core Concentration in Speech & Communications and Majors in Law & Society and Philosophy, from Macalester College in 1987. Mr. Khoshbin was on the Dean's Honor Roll and also received Highest Honors for his Thesis, Perjury and the Lawyer's Conflict of Duty. Upon graduation, Mr. Khoshbin was distinguished as the Macalester Hill Scholar, and won the Thomas E. Hill Award for outstanding work in Philosophy. He also was awarded the National Achievement Academy Collegiate Award.
Mr. Khoshbin received his Juris Doctor from DePaul University in 1990. While at DePaul, Mr. Khoshbin was a member of the DePaul University Law Review and won the American Jurisprudence Award for Legal Writing/Advocacy. Mr. Khoshbin also joined the Office of the Illinois Attorney General, where he completed the Access to Excellence Program and practiced as a Rule 711 attorney.
Subsequently, Mr. Khoshbin moved to Dallas, Texas, where he has been representing clients in numerous types of business, commercial and civil disputes, in various State and Federal courts and arbitrations across the country.
Mr. Khoshbin dedicates himself to working with the firm’s clients to find creative methods to resolve legal disputes both inside and outside the courtroom - - recognizing the sensitive nature of many business disputes, and proceeding consistently with the clients’ interests/philosophy.
BAR ADMISSIONS & AFFILIATIONS:
Mr. Khoshbin is licensed to practice law in both Texas and Illinois. He also is authorized to practice before the United States Supreme Court, the Fifth Circuit Court of Appeals, the United States District Courts for the Northern District of Texas, Northern District of Illinois, Northern District of New York, Southern District of Texas, Eastern District of Texas, and Western District of Texas.
Mr. Khoshbin is a member of the American Bar Association, American Association for Justice, Federal Circuit Bar Association, Bar Association of the Fifth Federal Circuit, Texas Bar Association, Illinois Bar Association, Dallas Bar Association, and Chicago Bar Association. As a DBA member, at various times, Mr. Khoshbin has been on the Legal Ethics Committee, Morris Harrell Professionalism Committee, and Judiciary Committee, and been a member of the DBA Business Litigation, Intellectual Property Law, Appellate Law, and Tort & Insurance Sections.
PERSONAL:
Mr. Khoshbin is married and has two sons. He enjoys spending time and traveling with his family, scuba diving, skiing, music (plays guitar), grappling, and various types of physical and mental challenges. In that regard, Mr. Khoshbin has climbed Kilimanjaro, competed in the "Racing the Planet" Gobi Desert March (a 250 kilometer self-supported march across the Gobi Desert - - also called "The Race of No Return"), and dived "The North Wall" in Grand Cayman.
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