Zachary C. Zurek
Zach Zurek is a zealous advocate for his clients. He represents businesses, banks, construction companies, individuals, fiduciaries, and healthcare professionals through litigation and appeals in both State and Federal Courts. Zach has also represented clients in FINRA, AHLA, AAA, JWA, JAMS, and private arbitrations. He has won trials before a jury, a judge, and an arbitrator.
Though he enjoys being in the courtroom, Zach understands that trial is not always the best solution to his clients’ problems, and he strives to reach efficient solutions without litigation when possible.
B.A., University of Texas at Austin
J.D., magna cum laude, St. Mary’s University School of Law
- St. Mary’s Law Journal, Solicitations and Articles Editor
- The Order of the Barristers
- National Mock Trial Team
- Phi Delta Phi International Legal Honor Society – Tarlton Inn
United States District and Bankruptcy Courts for the Eastern, Northern, Southern, and Western Districts of Texas
United States Court of Appeals for the Fifth and Sixth Circuits
- 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.
- Served as lead associate on multiple multi-party construction defect cases in State court through which the client obtained a favorable settlement.
- 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 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.
- Prepared and recorded numerous Chapter 52 judgment liens and negotiated release of same following payment.
- 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.
- 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.
- 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.
- Served as lead associate on non-compete case in State court representing the employer against two departing employees in the construction industry.
- 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.
- 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.
- 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 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.
- Representation of 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 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.
- “Texas Rising Star,” Business Litigation, Super Lawyers – Rising Stars by Thomson Reuters, 2019-2021
- “Best S.A. Lawyers” List, Business Litigation, San Antonio Scene, 2018-2020
- “Rising Star Lawyers” List, San Antonio Scene, 2017, 2021
- 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
- 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
- “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-Elect, 2021-present
- Vice President, 2019-2021
- Treasurer, 2018-2019
- Treasurer-Elect, 2017-2018
- Director, 2015-2017
- The William S. Sessions American Inns of Court, Barrister
- The Alzheimer’s Association San Antonio & South Texas Chapter, Board Member