Lee Kaplan

  • Founding Partner, Smyser Kaplan & Veselka LLP

  • Partner & Associate, Baker Botts LLP 

  • Law Clerk to the Hon. Joe McDonald Ingraham, United States Court of Appeals for the Fifth Circuit

  • J.D., with honors, University of Texas

  • A.B., Princeton University

Lee knows trials. Lee knows Texas. Lee knows how to win.

Over the course of his stellar career, Lee has tried dozens of cases in state and federal courts, representing plaintiffs and defendants ranging from individuals to Fortune 10 corporations. Highlighting his adaptability and ease in any setting, one of those successful trials was a 19-day Zoom trial during the Covid-19 pandemic, believed to be the longest virtual trial to-date in Texas.

Through the years, Lee has secured for his clients some of the largest verdicts in Texas. Because of his seasoned experience and notable victories, Lee has long been named a leading litigator in the state and nationwide.

He is especially celebrated for his intellectual-property work, but he has also achieved superior results in oil and gas, construction, securities, antitrust, FCPA, fraud, trade-secret, shareholder-rights, and class-action matters. These wide-ranging successes are due in part to Lee’s intellectual curiosity—he enjoys learning about his clients and their industries—and his ability to master complex business dealings or scientific concepts and explain them clearly to lay people like judges and juries.

Lee also serves as arbitrator in large, complex disputes, often appointed by former opposing counsel who have observed his bright mind, business savvy, and even temperament firsthand.

A lifelong Houstonian, Lee is dedicated to the community. He is an Eagle Scout and committed assistant Scoutmaster for Troop 212.

Praise for Lee

A "preeminent commercial litigator" with a "deep level of experience" and the ability to "explain things to a judge so the core issue stands out" - Chambers

“Lights up the courtroom.” - Chambers

“A good tactician.” - Chambers

“Well known, well connected, and a straight shooter.” - Chambers

“Always conducted himself with integrity.” - Opposing counsel

“The Judge Whisperer.” - Opposing counsel

Representative Matters

    • Represents jewelry retailer’s leaseholder defending against copyright and trademark lawsuit

    • Represents defendant in copyright suit alleging improper publication of a photograph

    • Represented Quantlab companies in trade secrets litigation, winning federal jury trial and securing permanent injunction against two defendants who elected not to resolve the case before trial. The Fifth Circuit affirmed.

    • Represented WesternGeco in suit for infringement of four of its patents covering state-of-the-art technology for marine seismic surveys. WesternGeco obtained a favorable jury verdict on all issues and judgment for $123.8 million. The U.S. Supreme Court affirmed.

    • Successfully defended Fortune 100 energy company in Alaska federal court and the Ninth Circuit Court of Appeals in $100 million lawsuit brought by another Fortune 100 energy company over an AMI agreement covering oil and gas leases.

    • Successfully defended on appeal a summary judgment dismissing all common-law and statutory claims of breach of contract, fraud, and negligence in a case alleging approximately $400 million in actual damages plus additional punitive damages for purported design problems in a catalytic cracking unit.

    • Representing individual defendant accused of misrepresentation, fraud, and breach of fiduciary duty in Texas state court litigation

    • Represented individual suing for breach of loan agreement, securing $1.6 million summary judgment in Texas state court

    • Represented bank in qui tam action in federal court alleging violations of the Stark Amendment, the Anti-Kickback statute, and the Texas Medicaid Fraud Prevention Act, arising from alleged incentives for referrals. The court found for the bank on all counts.

    • Represented plaintiff whistleblower in False Claims Act qui tam action alleging that her employer (a provider) was defrauding Medicare by falsifying records of client/patient visits.  Case settled with a payment by the provider to the United States and a whistleblower recovery by client.

    • Represented Special Committee of board of directors in successful defense of state court litigation arising out of going-private transaction

Noteworthy

    • "Senior Statesperson” and Ranked for General Commercial Litigation by Chambers

    • "500 Leading Litigators in America" by Lawdragon

    • "Best Lawyers in America,” Commercial, Intellectual Property, and Patent Litigation

    • "Litigation Star" by Benchmark Litigation

    • "America’s Leading Lawyers for Business" by Chambers

    • Thompson Reuters “Super Lawyer"

    • Super Lawyers “Top 100 Attorney in Texas”

    • Super Lawyers “Houston Top 100 Lawyer”

    • State Bar of Texas

    • Supreme Court of the United States

    • United States Courts of Appeals for the Fifth, Eleventh, and Federal Circuits

    • United States Court of Federal Claims

    • United States District Courts for the Eastern, Northern, Southern and Western Districts of Texas

    • American Law Institute

    • American Board of Trial Advocates

    • Institute for Transnational Arbitration

    • London Court of International Arbitration

    • Troop 212 Assistant Scoutmaster

1001 Fannin Street, Suite 720, Houston, TX 77002
650 Poydras Street, Suite 1400, New Orleans,  LA 70130