Zach Zurek

Commercial Litigation

• Represented clients through State and Federal court involving breach of contract claims resolved through summary judgment or favorable settlement.
• Represented clients through State court collection litigation and post-judgment remedies including writs of execution, abstracting judgments, receiverships, and post-judgment discovery.
• Represented garnishee bank through garnishment proceedings.
• Represented banks against wrongful foreclosure claims.
• Served as lead appellate counsel in federal court on case involving veil-piercing claims against debtor organizations.

Construction

• Served as lead associate on multiple multi-party construction defect cases in State court through which the client obtained favorable settlements.
• Individually defended breach of lease case for construction client and obtained complete defense verdict after trial, including an award of attorney’s fees.
• Guided contractors and subcontractors through post-work collection options.
• Perfected and pursued claims against bonds for clients.
• Served as lead associate on a multi-party construction defect case in private arbitration through which the client obtained a favorable settlement.

Lien Law

• Prepared and recorded numerous Chapter 52 judgment liens and negotiated release of same following payment.
• Prepared and perfected numerous Chapter 53 mechanic’s and materialman’s liens for various contractors, subcontractors, and vendors, and then filed suit to foreclose upon the perfected liens.
• Prepared summary motion to remove an invalid Chapter 53 mechanic’s and materialman’s lien and obtained release of same.
• Assisted in the preparation and revision of contractual provisions related to Chapter 53 mechanic’s and materialman’s liens.
• Advised and represented owner and general contractor clients on the process of obtaining releases of Chapter 53 mechanic’s and materialman’s liens.
• Advised third-party buyer through the process of navigating a Chapter 54 landlord’s lien against the purchased property, including highlighting the weaknesses of the claimant’s lien, which resulted in the buyer recovering the purchased property.
• Prepared and perfected Chapter 56 mineral liens for various mineral contractors and mineral subcontractors, filed suit to foreclose upon the perfected liens, and negotiated the release of same.
• Assisted in the preparation and revision of contractual provisions related to Chapter 56 mechanic’s and materialman’s liens.
• Advised client regarding issues involving agricultural crop liens.

Fiduciary Litigation

• Served as lead associate on a variety of contentious guardianship/trusts and estates litigation cases.
• Served as lead associate on week-long jury trial of Will contest, through which the client, the executor and beneficiary of the Will, obtained a complete win on all questions presented to the jury, including the recovery of attorneys’ fees, and then defended and confirmed the verdict through appeal.
• Served as lead associate on friendly trust modification cases.
• Obtained favorable settlement for customer-clients in a FINRA arbitration regarding the sale of an insurance investment product.

Employment

• Served as lead associate on multiple non-compete cases in State court representing the employer against departing employees.
• Served as lead associate on non-compete case in AHLA arbitration representing physician practice group against departing physician, through which the client’s non-compete agreement was upheld and was awarded an equitable extension of the non-compete period. Then, continued representation of client in post-arbitration State court litigation and obtained a temporary restraining order against competing former employee and then confirmation of the arbitration award.

Governmental

• Obtained dismissals with prejudice in several cases defending a governmental entity following plea to the jurisdiction arguments based on governmental immunity.
• Guided governmental-entity-client through pre-suit liability investigations and advised client regarding same.

Healthcare

• Served as lead associate on multi-party medical malpractice cases defending physician and hospital clients.
• Achieved successful resolution for retail pharmacy client through summary judgment in State Court against plaintiff’s healthcare liability claim.
• Obtained favorable settlement for physician partnership client in a AAA arbitration regarding employment and partner-equity valuation claims by a departing physician.
• Assisted healthcare practice group recover charges disputed by patients without litigation.

Oil & Gas

• Represented mineral interest owner through State court litigation involving trespass to try title claims, through which the client was awarded summary judgment.
• Prepared and perfected Chapter 56 mineral liens.
• Worked with several bankruptcy team representing operators and mineral owners to navigate and resolve issues related to Chapter 56 mineral liens.

Personal Injury Defense

• Defended various businesses through State court litigation involving trucking and commercial vehicle accidents through which the clients obtained favorable settlements.
• Defended various businesses through AAA and private arbitrations involving work-injury claims through which the clients obtained favorable settlements.
• Achieved successful resolution for retail client through summary judgment in Federal Court against plaintiff’s premises liability claim.
• Defended retail client through State and Federal court litigation involving premises liability claims and resolved suits through settlements favorable to the client.

Real Estate

• Trial win for commercial landlord: After a seven-day jury trial, successfully resolved a landlord-tenant dispute involving a breach of lease and subsequent fraudulent transfer of tenant’s assets to avoid liability to the landlord. On the second day of jury deliberations, the jurors submitted a question to the Court indicating they would find a fraudulent transfer and impose punitive damages against the defendants (a win for the client). Thereafter, the case was settled favorably.
• Represented commercial landlord on breach of lease claims filed against tenant in State court and resolved dispute through favorable settlement.
• Represented commercial landlord following tenant’s abandonment of leased premises without litigation.
• Represented landlord through eviction appeal process and negotiated favorable resolution of same.
• Represented post-foreclosure sale buyer through district court litigation involving claims of trespass to try title and wrongful foreclosure.
• Represented commercial real estate developer in State and Federal court against claims alleged by seller following termination of purchase and sale agreement.
• Represented commercial and residential landlords in eviction proceedings, including appeals.
• Worked with commercial landlords to initiate lease default measures.
• Worked with property owners to resolve disputes with Property Owners’ Association.

• Texas Rising Star – Business Litigation, Super Lawyers by Thomson Reuters, 2019-2022
• “Best S.A. Lawyers” List, Business Litigation, San Antonio Scene, 2018-2022
• “Rising Star Lawyers” List, San Antonio Scene, 2017, 2021-2022
• Fellow, Texas Bar Foundation, 2020
• Fellow, San Antonio Bar Foundation, 2020
• 10 Under 10 Luncheon Honoree, St. Mary’s University School of Law Graduates of the Last Decade (GOLD) Council, 2019

Publications

• Co-author with Judge Monique Diaz and Marvin Morales, Evidence Tips, San Antonio Bar Association, Civil District Courts Bench Bar Seminar, 2019
• Co-author with Judge Antonia “Toni” Arteaga and Judge David A. Canales. Proving Up & Introducing Medical Records & Billing, San Antonio Bar Association’s Bench Motions and Trials Seminar, 2017
• Co-author with Judge Laura Salinas. Hearsay 101, San Antonio Bar Association’s Bench Motions and Trials Seminar, 2016
• Co-author. Discovery, Disputes, and General Takeaways, San Antonio Bar Association/San Antonio Young Lawyers Association Bench Motions and Trials Seminar, 2015
• The Limited Power of the Bar to Protect Its Monopoly, 3 St. Mary’s J. Legal Mal. & Ethics 242, 2013

Speeches

• “Recent Developments in Employment Law—Employee Arbitration Agreements” THLA Conference, October 2021
• “Post Judgment Collection Strategies . . . And Tips Before You Get There,” NACM Southwest Webinar, June 2020
• “Recent Rules and Court Decisions Impacting Public Housing Authorities,” Southwest NAHRO 77th Annual Conference, June 2017
• “Recent Laws Impacting Public Housing Authorities,” Texas Housing Association Conference and Trade Show, August 2016

• Federal Bar Association, Director, 2019-present
• San Antonio Bar Association Health Law Section, Treasurer, 2017-2019
• San Antonio Young Lawyers Association
  • President, 2022-present
  • President-Elect, 2021-2022
  • Vice President, 2019-2021
  • Treasurer, 2018-2019
  • Treasurer-Elect, 2017-2018
  • Director, 2015-2017
• Texas Bar Foundation, Fellow
• San Antonio Bar Foundation, Fellow
• The William S. Sessions American Inns of Court, Barrister
• The Alzheimer’s Association San Antonio & South Texas Chapter, Board Member, 2018-2021