Tough, fearless, prepared, passionate about winning – these are just a few of the adjectives clients and colleagues use to describe Kathy Silver. A litigation attorney who focuses primarily on commercial litigation and oil and gas litigation, Kathy has distinguished herself as a skilled trial lawyer who is absolutely dedicated to her clients’ success. As one colleague said, “Kathy Silver’s clients know that she tries very hard on the front end of a case to resolve it without going to trial in order to save them time and money. However, when clients do go to trial, she is one tough litigator, and her clients appreciate it.”
Kathy has represented numerous large and small companies in complex commercial and contract disputes, both as plaintiffs and defendants. Kathy has defended a chemical company in high-profile commercial disputes, including defending a significant matter brought by the Mexican national oil company against several U.S. energy and chemical companies related to claims of conversion of millions of dollars of alleged stolen hydrocarbons.
She has handled lawsuits involving contractual and fiduciary duties between joint venturers in a natural gas field; duties owed by operators and working interest owners under joint operating agreements; express and implied covenants in oil and gas leases; royalty disputes; disputes regarding the purchase and sale of hydrocarbons, drainage claims; failed production tubing in a gas well; claims of lease termination, trespass, fraud, fraudulent inducement, and slander of title; and an arbitration involving post-closing accounting and title issues related to the purchase of oil and gas properties. Kathy also has developed experience in employment litigation and recently tried an employee theft case and two federal lawsuits involving claims brought under the Fair Labor Standards Act.
Kathy’s approach to litigation combines thorough preparation with a deep understanding of both the legal aspects of the case and her clients’ business objectives. She has been described as a “quick study” who leaves nothing to chance in preparing for trial. Testimonials from clients who have worked with Kathy attest to her effectiveness in the courtroom:
“From day one, Kathy made a strong first impression. She was able to fuse the law with psychology plus street smarts – a great combination that helped me to understand the complexities of the legal issues in our case. Kathy was able to forecast accurately how the jury would perceive the facts of the case. She helped me and our staff to understand the legal situation going into trial. She also had a command and deep understanding of the case facts, especially the numbers. … The outcome was so favorable in this trial that I would hire her again.”
— Richard Fant, New Process Steel
“Whether the case is cutting edge or not, Kathy Silver connects with judges and juries because she does her homework and intimately knows all the facts of her cases. She outworks the other side.”
— Chris M. Kidd, Cinco Resources, Inc.
“Her unique connection with the jury was apparent as she brought them to open laughter followed quickly by nodding agreement as she delivered crisp, searing cross examinations. This, in addition to her persuasive closing argument, led the jury to quickly deliver a result with which I am thrilled. Overall, Kathy’s infectious passion to win combined with her well-developed talents and judgment place her among the very best trial lawyers I have had the privilege to witness in 25 years of private and in-house practice.”
— Mark Reynolds, Meritage Homes Corporation
“Kathy is absolutely one of the brightest and most impressive attorneys that I have ever met. … She always connected with the judge and jury by using her exceptional grasp and recall of the facts to guide them to an understanding of the various complex issues at hand. While her courtroom demeanor was comforting for us as her client, it always intimidated the opposition. She was and still is our guiding light through litigation.”
— Stephen Dernick, The Dernick Companies
Prior to joining Jackson Walker, Ms. Silver was in the Trial Department of Baker Botts, where her practice focused on oil and gas litigation, commercial litigation, and pharmaceutical litigation.
- Represented an international chemical company in a lawsuit brought by PEMEX against several U.S. energy and chemical companies related to claims of conversion of millions of dollars of alleged stolen hydrocarbons.
- Represented an independent oil and gas company in a lawsuit alleging fraud, conversion, and conspiracy related to the sale of an oil and gas field in Texas.
- Represented an oil and gas exploration and production company in a lawsuit between the company and two investors and a non-operating working interest owner. The case involved claims of breach of fiduciary duty, fraud, breach of contract and various tort claims related to a joint operating agreement, a joint venture agreement, and the conveyance and repurchase of a volumetric production payment.
- Represented an oil and gas exploration and production company in a lawsuit against a drilling company and associated oilfield service providers to recover damages caused by the blowout of a gas well that caused a 10-day closure of a major interstate highway in south Louisiana.
- Represented an oil and gas exploration and production company in a lawsuit to recover damages caused by production tubing that failed during a fracture stimulation operation in a natural gas well.
- Represented a major international oil and gas exploration and production company in contract disputes, including take-or-pay indemnity claims and a gas imbalance claim.
- Represented major natural gas trading and marketing company in a NAESB contract dispute.
- Represented an international independent oil and gas exploration and production company in lawsuit with insurance company regarding coverage for well control incident.
- Represented a manufacturer in a lawsuit to recover money stolen by a former officer of the company.
- Represented a national homebuilder in lawsuits brought under the Fair Labor Standards Act.
- Represented an oil and gas exploration and production company in an arbitration of a contract dispute involving post-closing title and accounting issues related to client’s purchase of oil and gas properties.
- Represented investors in an arbitration of a contract dispute with their joint venture partner who tried to unilaterally terminate the investors’ participation in the venture.
Kathy heads Jackson Walker’s Energy Litigation Marketing Group and is a Hiring Partner in the Houston office.
- State Bar of Texas – Oil, Gas and Energy Resources Law Section
- Houston Bar Association