Eugene Zilberman
ezilberman@mbssmartlaw.com
(646) 321-8486

Partner, Steptoe LLP

Partner & Associate, Smyser Kaplan & Veselka LLP

Law Clerk to the Hon. Eric L. Clay, United States Court of Appeals for the Sixth Circuit

J.D., University of Virginia

B.A., summa cum laude, Rutgers University

Eugene Zilberman

Eugene thrives in high-pressure situations like trial and arbitration. His ability to grasp complicated issues and quickly absorb key details has allowed him to effectively represent clients across a wide range of industries, including energy, agriculture, and health care. A generalist, Eugene enjoys immersing himself in his client's business and translating that understanding to judges and juries so that he can achieve successful results at trial, on appeal, and everything in between.

Eugene’s notable wins include prevailing in a two-week trial in Cook County, Illinois on behalf of an insurance company in a coverage dispute concerning Italian pharmaceutical products, as well as helping secure a successful settlement for a large fertilizer distributor, following one week of a multiweek jury trial against a large chemical manufacturer after the dissolution of the parties’ long-term relationship. And during the pandemic, Eugene was involved in one of the longest bench trials at the time conducted over Zoom in Texas state courts. His client emerged from the unorthodox trial with a $147 million award. Similarly, Eugene has helped obtain dismissals of cases at pretrial stages and successfully handled multiple appeals – including arguing a case in the U.S. Court of Appeals for the Sixth Circuit.

Eugene has also developed expertise in the Texas Business Court, writing and advising clients about the forum since its inception in September 2024. He has litigated several business-court matters, including a complex oil and gas dispute in the San Antonio Division and a property dispute in the Austin Division. In addition, he has organized and hosted events for clients and business-court judges and participates in a working group of practitioners tasked with analyzing and suggesting procedural and substantive rules for the Texas Business Court. 

Eugene enjoys giving back to the community in Houston. He serves on the Criminal Justice Act Panel for the U.S. Court of Appeals for the Sixth Circuit and regularly takes on prisoner appeals. He also participates in a soccer league that provides refugees an opportunity to play soccer alongside other Houstonians.

  • General Commercial Litigation

    • Prevailed in two-week jury trial in Chicago on behalf of insurance company in a coverage dispute

    • Tried a month-long jury trial on behalf of a general contractor concerning the development of a Houston mid-town apartment complex

    • Successfully resolved a breach of contract and fraud case following one week of a multiweek jury trial on behalf of a large fertilizer distributor against a fortune 500 chemical company

    • Secured a multimillion dollar verdict on behalf of a private energy trading company after a five-week bench Zoom trial – believed at the time to be the longest virtual trial in Texas state court 

    • Defended a Fortune 500 health care organization in a two-week jury trial in Texas state court

    • Secured a favorable settlement for a New York-based private equity firm in connection with a large pipeline explosion that resulted in significant injuries

    • Obtained dismissal of a securities class action in Texas state court for an international client alleging violations of the Securities Act of 1933 in connection with the company’s IPO and other offerings 

    • Participated in a six-week jury trial representing former executives of a publicly traded oil and gas company who were accused of breach of fiduciary duty, fraud, and conspiracy

    Energy Litigation

    • Represented a private trading company in a lawsuit regarding the application of a force majeure provision in connection with the February 2021 winter storm

    • Representing a private development company regarding a dispute over a long-time terminal development project in Mexico that is approaching a final investment decision

    • Obtained a dismissal based on improper forum in Texas State Court in a dispute involving a wind farm located in Waco, Texas

    • Advising a fortune 500 company in relation to its indemnity obligations arising out of 30-year-old purchase of leasehold interests in Louisiana

  • "Modern Voir Dire - Tips and Strategies for a Changing Jury Pool" (2025) (co-author Craig Smyser)

    "Texas Business Court Provides Guidance on Jurisdictional Limits and Remand" (2025) (co-author Brent Hanson)

    "Texas Law: New Business Courts Should Reject Prior Pending Cases" (2024)

    "A Fireside Chat with Judges Dorfman and Adrogue: An Introduction to the Texas Business Courts" (2025)

    "Disputes, Investigations & Regulatory Enforcement Seminar" (2024)

    "Virtual Trials in the Era of Covid-19 - and Beyond" (2021)

  • Best Lawyers "Ones to Watch"

    Lawdragon 500 The Next Generation

    "Rising Star" by Thomson Reuters Super Lawyers 

  • State Bars of Texas and New York

    United States Courts of Appeals for the Fifth and Sixth Circuits

    United States District Court for the Southern District of Texas

    United States District Courts for the Eastern and Southern Districts of New York

    Houston Bar Association

    Houston Young Lawyers' Association