Kevin E. Barnett

Kevin is a proven commercial litigator whose experience encompasses disputes across a broad range of industries on behalf of a diverse clientele ranging from entrepreneurs to publicly traded companies.  He has litigated matters arising out of a number of different practice areas including consumer finance, construction, employment, insurance, municipal, real estate, and intellectual property. Kevin strives to employ creative and cost-effective solutions to obtain positive results for his clients because he understands how disruptive litigation can be.  Outside of the law, Kevin’s interests lie in college sports, film & television, horology, and dog training.

• Lead attorney defending information technology company from a disgruntled ex-employee seeking unemployment benefits. Obtained summary judgment against ex-employee, which was upheld on appeal. (2023).
• Lead attorney prosecuting action for breach of promissory note. Drafted successful response to defendant’s motion to dismiss, successful response to defendant’s plea to the jurisdiction and special appearance, and successful motion for summary judgment resulting in a final judgment of over $525,000.00 (2022).
• Lead associate defending two C-suite executives and a company in a seven-party lawsuit concerning the consignment of telecommunications equipment with damages in excess of $35,000,000.00. Drafted two successful motions to dismiss claims of actual fraud, fraud by nondisclosure, negligent misrepresentation, and conspiracy as alleged against the C-suite executives (2022).
• Lead attorney defending real estate owner in two federal lawsuits alleging Title III ADA violations. Obtained favorable settlements permitting eighteen-month period to implement ADA-compliant modifications coupled with a de minimis settlement payment (2022).
• Lead associate defending applicant fast-casual biscuit restaurant from two trademark opposition actions before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office. Following protracted proceedings, negotiated favorable coexistence agreement resulting in opposer’s withdrawal of its opposition actions (2021).
• Lead associate defending Caribbean asphalt trader in an international arbitration from a buyer’s claim for over $3,000,000.00 in damages in connection with the client’s alleged breach of a long-term supply contract. Following a final arbitration hearing, buyer’s net recovery was limited to $47,819.83 and the contract was dissolved. After subsequent litigation and a motion to modify the final award, the parties compromised and settled the dispute (2021).
• Lead associate defending healthcare REIT from lawsuit concerning easement repair obligations in excess of $1,000,00.00. Successfully drafted cross-motion for summary judgment resulting in a declaratory judgment in favor of the healthcare REIT and a dismissal of all claims brought by plaintiff (2020).
• Key associate in contractual dispute concerning the purchase of 100 frac tanks worth $460,000.00. Drafted pleadings and motions and managed discovery. Drafted successful motion for summary judgment, which was upheld on appeal (2019).
• Lead associate in a nine-party construction defect action concerning the construction of a 22-mile-long asphalt roadway for oilfield traffic. Drafted pleadings and motions, conducted factual investigation, managed discovery, and assisted in deposition preparation and questioning. Successfully defended the defendant county against the plaintiff general contractor’s $1 million breach of contract claim and prosecuted the county’s counterclaims resulting in a multimillion-dollar settlement in favor of the county (2018).
• Lead associate in copyright infringement action between custom home builders concerning alleged copyright infringement of design plans to construct a residential home. Drafted successful response in opposition to plaintiff’s motion for summary judgment on the basis of a license affirmative defense resulting in a court-ordered settlement conference (2017).

News

• Selected to the Texas Super Lawyers Rising Stars® List by Thomson Reuters – 2021-2023
• Dallas Area Young Lawyers 2022 Leadership Class
• State Bar of Texas – HEADNOTES – Best Series of Substantive Articles - Fair Use & Photos: Spreading Cheer to Grinchy Copyright Owners – 2022
• Dallas Area Young Lawyers – Trial Skills Boot Camp - Best Oral Advocate – June 2019

• Collin County Bar Association, Young Lawyers Section Board Member
• Dallas Association of Young Lawyers
• Dallas Bar Association
• Broun National Trial Team – Coach and Team Member, 2012-2013
• The North Carolina Journal of International Law, Volume 40 – Staff Member, 2013
• Eagle Scout, Boy Scouts of America, 1999-2009
• Healthcare Navigator, United States Department of Health and Human Services, 2013
• First Responder, National Registry of Emergency Medical Technicians, 2011-2013
• Volunteer EMT, Tennessee Department of Health, 2011-2013
• Instructor, Basic Life Support, American Heart Association, 2011-2013