Attorney and Counselor at law
Resume:
Resume of Mr. Stephen E. Kaplan
I have been actively engaged in the practice of law in Texas since 1977 representing clients in litigation and transactional matters during that entire time. I have recently been admitted to practice in Illinois. I moved to Champaign, Illinois in September, 2021 to be closer to my daughter and her family and I am in the process of closing my Texas law office. Since Late January, 2022 I have not been actively practicing in Texas and since I was admitted to practice in Illinois in February, 2022, I have been doing remote legal work from that location. I have also recently been admitted to the Georgia bar and will be moving to Atlanta, Georgia in late June 2023. I will be looking for full or part time work in Atlanta and in the meantime will be doing document review work for several different organizations.
Litigation Experience
While actively practicing in Texas, in litigation matters, I have represented clients in federal and state courts, before federal and state agencies, in arbitrations and mediations, as a trial attorney. Among the many matters that I have represented clients, in some of the more significant matters include:
Successfully tried numerous cases to jury verdict and judgment on both the plaintiff’s and the defendant’s side. These include prosecuting claims for clients and defending clients in contract, partnership, and corporate disputes, as well as in fraud, deceptive trade practices and other business claims. The nature of the clients and disputes range from small business clients with small business disputes with the amounts in controversy under $100,000.00 to larger, multi-million-dollar, disputes.
Successfully represented clients in defense of a breach of contract and fraud case involving oil and gas investments in which the claims against the clients totaled over $27,000,000.00 and recovered a take nothing judgment for the clients. In addition, as part of that judgment, I recovered for that client a judgment for indemnity and attorney’s fees against a co-defendant for an amount in excess of $270,000.00 in attorney’s fees.
Successfully tried numerous cases to judgment at bench trials and in arbitral disputes on similar matters, including an arbitration in 2021 in which our client recovered an award in a commercial consumer deceptive trade practices dispute for multiple damages and attorney’s fees.
Recovered a judgment in a commercial deceptive trade practice case in state court in Fort Worth for over $550,000.00 and attorney’s fees.
Recovered a judgment in federal court in Houston in 2013 for a business client in an oil and gas business dispute in the principal amount of $6,949,869.28, plus interest, reasonable attorney’s fees, and costs.
Successfully representing business clients in labor and employment disputes before courts, federal and state administrative agencies, and in arbitral disputes. These include defense of discrimination claims, pursuit and defense of non-competes and confidentiality agreements, defense of unionization efforts, and other labor and employment disputes.
Achieving mutually satisfactory settlements on clients’ behalf, whether through mediation or the customary negotiations of attorneys who vigorously and conscientiously represent the best interests of their clients and minimize the expenses incident to such litigation.
Obtaining a judgment, as co-counsel for a client, in a deceptive trade practice arbitration case in Fort Worth, where the client recovered multiple damages and her reasonable attorney’s fees.
During the period of approximately 2008 to 2015 I also did contractual work for a separate law firm, Zwicker & Associates, P.C., which at that time was located in Massachusetts. That firm was engaged in collection work, primarily against individuals. I had an assigned case load and was responsible for the litigation of the dispute through judgment and some post-judgment proceedings. Thereafter the case was returned to Zwicker’s corporate offices for further proceedings. It is my understanding that that firm is now located at the following office address:
Zwicker & Associates, P.C.
Attorneys at Law
14055 Riveredge Drive, Suite 400
Tampa, FL 33637
Transactional Practice
I have also been actively involved in transactional practice during my entire career, as well, helping clients create and administer for profit and nonprofit organizations and representing them in commercial and business activities.
This includes:
Acting as lead counsel to clients to assist them in negotiating and selling the following types of businesses:
-Two television stations in the North Texas and the Southern Oklahoma area;
-A federally licensed interstate trucking company;
-A controlling interest in a national bank.
Providing counseling to clients who invest in start-up and venture capital businesses where the clients acquire minority interests.
Creating limited liability companies, corporations, limited and general partnerships, joint ventures and other business organizations and helping clients administer and manage those organizations.
Created and helped organize numerous non-profit corporations and subsidiary organizations in the medical certifying and medical fields, and religious organizations.
Helping clients negotiate and administer contracts of all types, including, but not limited to, supply and procurement activities, software services, security systems and protocols, archival services, construction, design and building services, real estate acquisition and sale contracts and services, financial services, and many other business and commercial activities.
I have also spent over 44 years designing estate and trust plans for clients and probating estates.
Creating estate and trust plans for clients and helping clients administer their plans.
Probating the estates of former clients and the estates of new clients’ deceased family members.
I have also acted as general and special counsel for many companies, both for profit and nonprofit, over the years. These include medical certifying boards, companies engaged in oil and gas exploration, small business companies engaged in many different commercial activities, and investors who invest in other private concerns.
At Stephen Kaplan, PC I have been responsible for the law practice, marketing, vendor relations, management, and all other aspects of a law practice. I am an experienced attorney with over 44 years of legal practice experience.
Recently, after moving to Illinois, I have been engaging in document review projects using Relativity and other products and services for several servicing vendors. While the specific nature and scope of the work I was doing was confidential, the subject areas included- antitrust, insurance coverage disputes, securities and commodities activities, both civil and criminal, SPACs, negligence and fraud, defamation and business disparagement, trademark and patent matters, Hatch-Waxman Act matters, business contract disputes, corporate governance litigation, product liability, MDL proceedings, and many other business and commercial disputes.
Current Work History
Stephen Kaplan, P.C. (in the process of winding down). President/Shareholder since 1998
Also doing self-employment document, discovery, and review work from my home in Champaign, Illinois.
Location:
Champaign, Illinois
Phone:
Mobile # 214-***-****
Dallas Office-214-***-****
Dallas Fax: 214-***-****
Email: *.******@******************.***
Website: www.stephenkaplanpclaw.com
Areas of Practice of Stephen Kaplan
Administrative Law
Banking & Finance Law
Business & Commercial Law
Contracts
Business Organizations
Construction Law
Document and Discovery Review
Employment Law -- Managerial and Executive Employees
Employment Law – Employer representation
Estate and Trust Planning
Government Agencies & Programs
Labor Law
Litigation in state and federal courts and before administrative agencies and in arbitration matters
Mergers & Acquisitions
Probate & Estate Administration
Trusts
Wills
Real Estate Law
Land Use & Zoning
Business, Commercial, Residential Landlord/ Tenant Matters
Taxation Law
Non-Profit Organizations
Mediation and Arbitration
Asset Protection
Alternate Dispute Resolution
Bar Admissions
Texas, 1977
New York, 1980
Illinois, 2022
Georgia, 2023
Court Admissions
U.S. Supreme Court
U.S. Court of Appeals, 5th Circuit
U.S. District Court, Northern District of Texas
U.S. District Court, Eastern District of Texas
U.S. District Court, Western District of Texas
U.S. District Court, Southern District of Texas
U.S. Bankruptcy Court, Eastern District of Texas
U.S. Bankruptcy Court, Western District of Texas
U.S. Bankruptcy Court, Northern District of Texas
U.S. Bankruptcy Court, Southern District of Texas
New York State Courts
Texas State Courts
Illinois State Courts
Georgia State Courts
Education
State University of New York, Buffalo School of Law, Buffalo, New York
J.D. - 1976
University of California at Los Angeles, B.A., 1973.
Examples of Representative Cases
Hand v. Equestrian Retailer, Inc., 1998 U.S. Dist. LEXIS 8417 (N. Dist. Tex. 1998)
Phoenix Energy Companies, Inc., vs. Stacey Smyre, et. al., 162nd District Court, Dallas, Texas
(2004)
Mobile Mineral Corporation v. John H. Ehrman; Civil Action No. 4:12-CV-3452;
United States District Court, Southern District of Texas, Houston Division
Geoffrey Spice and Jacquelyn A. Bailey v. Rodney Newell; 162nd Judicial District Court, Dallas, Texas (2018)
Meghan Howard et. al. v. Sabrina Lee Delacretaz, et. al., 191st District Court, Dallas, Texas (2019).
Daniel Romanowski vs. Wells Fargo NA and Blue Star Residential Lending, Inc; 3:18-CV-1567-D; USDC, N.D. Texas (2019).
Kathy Laws v. James Roberson d/b/a Roberson Remodeling, County Court at Law #4, Dallas County, Texas (2020);
Case No. 01-18-000*-****; Mesa Distributers, Inc. v. Karri Feeney v Mesa Supplies, Inc., AAA Arbitration in Fort Worth, (2021).
Former Representative Clients
Epic Broadcasting Corporation
Lyne Energy Corporation
The Martha Steed Lyne Management Trust
Blue Star Residential Lending, Inc.
Saje Build, Inc.
Caprock Precast, LLC d/b/a Bee Line Materials
Allied Concrete Systems, LLC
Element Architectural Products LLC
Dual Temp Heating & Cooling LLC
Henry Group Investments LLC
Kelly Mason Pharmacy, LLC.
Nice and Bella Foundation, Inc.
Texas Olive Brands, LLC
The American Board of Obstetrics & Gynecology, Inc.
ViveSound, LLC.
Honors and Awards
Achieved the AV Preeminent® Rating - the Highest Possible Rating from Martindale-Hubbell®. I first achieved this rating in 1991 and have continued to be so rated since that time.
As a result of that honor, American Registry LLC, has added Stephen E. Kaplan to The Registry ™ of Business and Professional Excellence. For more information, search The Registry™ at http://www.americanregistry.com/.
Top Attorneys of North America (2019-2020)
Professional Associations and Memberships
Illinois State Bar Association
Champaign County Bar Association
State Bar of Texas
Dallas Bar Association
Former Member of the Fee Disputes Committee
Former Member of the CLE Committee
American Bar Association
The College of the State Bar of Texas/ Texas Bar College
Pro Bono College of the State of Texas
Pro Bono Activities
Dallas Volunteer Attorney Program
Dallas Legal Hospice
American Indian Law Project
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