Michelle Stratton


  • Partner & Counsel, Smyser Kaplan & Veselka LLP

  • Associate, Baker Botts LLP 

  • Law Clerk to Associate Justice Clarence Thomas, Supreme Court of the United States

  • Bristow Fellow, Office of the Solicitor General of the United States

  • Law Clerk to the Hon. Edith Jones, United States Court of Appeals for the Fifth Circuit 

  • J.D., summa cum laude, Louisiana State University

  • B.A., summa cum laude, Louisiana College


Michelle is a clear and elegant communicator. She writes and speaks to courts and decision-makers in a way that precisely gets to the point and compellingly explains why her client should win. She is an appellate specialist, but equally at ease briefing and arguing in trial courts, arbitrations, and mediations—or anywhere there’s an audience in need of persuading.

This requires sharp intellect, attention to detail, and hard work. After earning a 4.0 in college, Michelle graduated first in her law school class, having scored the top grade in 20 courses.

It also requires superior writing skills, refined by practice. Michelle’s student law review article was deemed the best in the nation by The Scribes Journal of Legal Writing. As a Bristow Fellow and law clerk, she studied hundreds of briefs, learning what works and what doesn’t. In her years of private practice, she has personally written scores of briefs at every level of federal and state courts in a wide array of substantive legal areas.

Oral communication skills are likewise essential, and Michelle has honed those through diverse on-her-feet experiences. At trial, she has delivered opening statement and closing argument to jurors and numerous legal arguments to the bench. She has also argued appeals before the United States Courts of Appeals for the Fifth and D.C. Circuits, the Texas Supreme Court, Texas’s First Court of Appeals, and appellate arbitrators, as well as dispositive motions in federal and state trial courts. She has taught legal writing to lawyers and law students. And she regularly teaches the Bible to women in her local church.

Clients have a story to tell. Michelle tells it well, and she tells it to win.


Praise for Michelle

"Michelle is an incredible appellate advocate. She is extremely smart, has great judgment, and has a really pleasant personality, which makes her a pleasure to work with." - Chambers

"Michelle is a fantastic appellate lawyer. She is very knowledgeable, a great writer, and always on top of her work." - Chambers

“Did a fantastic job. Worth every penny and more.” - Co-counsel 

"Michelle has insight into how courts operate" and "what the courts would be interested in." - Chambers

“A respected lawyer with first-class credentials trusted as a strategic partner. Highly recommended.” - Advisor to Business and Property Owners

“She is a winner. It is really that simple.” - Former federal prosecutor and leading white-collar litigator 

“My trial attorney brought Michelle on to a difficult case when it reached the appellate level. She worked well with my attorney, and her manner of distilling the case and arguing it clearly was impressive. Her skills helped me win a non-dischargeable multi-million dollar case in front of the Texas Supreme Court.” - Business owner and client

Representative Matters

    • Represented amici curiae Sport Scientists in cases involving whether Title IX permits sex-based sporting categories (Little v. Hecox, No. 24-38 and West Virginia v. BPJ, No. 24-43)

    • Represented amicus curiae Independence Law Center in case involving Title VII mixed-motive discrimination against religious employees (Ronald Hittle v. City of Stockton, California, et al., No. 24-427)

    • Successfully opposed certiorari in case concerning Due Process requirements (case confidential)

    • Represented amicus curiae Student Veterans of America in case involving veterans’ entitlement to educational benefits under GI Bills (Rudisill v. McDonough, No. 22-888)

    • Represented amici curiae school board and school superintendents association in case involving judicial deference to federal agency pronouncement (Gloucester County Sch. Bd. V. G.G., No. 16-273)

    • Represented amici curiae Bipartisan and Bicameral Coalition of 121 Texas Legislators in case challenging Texas statute protecting women’s health (Whole Woman’s Health v. Hellerstedt, No. 15-274)

    • Represented major international law firm in merits case concerning whether Bankruptcy Code permits attorney’s fees for time spent defending attorney’s fee application (Baker Botts LLP v. ASARCO LLC, No. 14-103)

    • Successfully opposed certiorari on behalf of Episcopal Diocese in church property dispute (The Episcopal Church v. The Episcopal Diocese of Fort Worth, No. 13–1520)

    • Represented chemical manufacturer appealing to Fifth Circuit a summary judgment that denied insurance coverage for third party's multi-million-dollar personal-injury claims (Oxea Corp. v. Certain Underwriters at Lloyds, No. 25-20138)

    • Represented maritime company in briefing and oral argument before Fifth Circuit following federal jury verdict holding company liable under agency principles for $20 million worth of shipbuilding contracts (Conrad Shipyard v. Franco Marine 1, et al., No. 23-30286).

    • Represented bankruptcy trustee in briefing before Fifth Circuit defending bankruptcy court’s $10 million fraudulent-transfer judgment, securing affirmance (In re Black Elk Energy Offshore Operations, LLC, Debtor: Schmidt v. Rechnitz, No. 23-20386)

    • Represented amici curiae 61 current and former Baptist pastors and leaders before Fifth Circuit in appeal involving questions of Baptist polity and church autonomy principles (McRaney v. NAMB, No. 23-60494)

    • Represented pipe company in briefing and oral argument before Fifth Circuit after federal district court denied its motion to arbitrate claims against competitor for breaching settlement agreement and related torts, securing reversal (Polyflow, LLC v. Specialty RTP, LLC et al., No. 20-20416)

    • Represented high-frequency trading firm in briefing before Fifth Circuit in trade-secret misappropriation case, successfully defending multi-million-dollar jury verdict. (Quantlab Technologies Ltd. v. Andriy Kuharsky et al., No. 16-20242)

    • Represented energy companies in briefing before Fifth Circuit, successfully defending against conversion claims brought by Mexico’s national oil company (Pemex Exploracion Y Produccion v. ConocoPhillips et al., Nos. 14-20417, 14-20418) Represented energy company in briefing before Fifth Circuit, successfully defending company’s mandatory pilot retirement age against Age Discrimination in Employment Act challenge by federal government (Equal Employment Opportunity Commission v. Exxon Mobil Corp., No. 13-10164)

    • Represented river authority in briefing before Fifth Circuit in Endangered Species Act challenge, obtaining reversal of permanent injunctive relief (The Aransas Project v. Shaw, No. 13-40317)

    • Represented the United States in briefing and argument before the D.C. Circuit in criminal sentencing appeal, securing affirmance (United States v. Ventura, No. 09-3101)

    • Represented amicus curiae deposition-transcription provider in statutory-interpretation case about the permissibility of non-stenographic deposition transcription (In re Patrick Hughey, No. 25-0463)

    • Represented amici curiae U.S. Chamber of Commerce, American Tort Reform Association, and American Trucking Associations, supporting petitioners opposing the use of unsubstantiated anchoring to support non-economic damages awards (Alonzo v. John, No. 22-0521)

    • Represented amici curiae U.S. Chamber of Commerce and American Property Casualty Insurance Association supporting mandamus proceeding by Lyft, Inc. to protect the confidentiality of proprietary excess insurance policies produced during litigation (In re Lyft, Inc., No. 23-0739)

    • Represented amicus curiae food manufacturer in Winter Storm Uri-related case, defending Public Utility Commission’s statutory authority (Public Utility Comm’n of Tex. v. Luminant Energy Co. LLC, No. 23-0231)

    • Represented Texas automobile dealers in petitioning for review of state agency’s interpretation of statute governing manufacturer and distributor sales standards (New World Car Nissan, Inc. et al. v. Hyundai Motor America and Board of the Texas Department of Motor Vehicles, No. 23-0122)

    • Represented genetics laboratory in briefing and arguing merits case concerning former employee’s post-termination sales commission claim (Perthuis v. Baylor Miraca Genetics Laboratories, No. 21-0036)

    • Successfully opposed review of Texas appellate court’s determination that major health insurer’s claims in an alleged multimillion-dollar healthcare billing dispute were time barred (United Healthcare Services, Inc., et al. v. Gonzales, et al., No. 19-0028)

    • Successfully petitioned for review of Texas appellate decision concerning evidence trial court may consider when determining whether child support obligor is in arrears, securing reversal (Ochsner v. Ochsner, No. 14-0638)

    • Successfully defended Texas appellate court’s statutory interpretation of public retirement system’s authority (Klumb v. Houston Mun. Emps. Pension Sys., No. 13-0515)

    • Successfully petitioned for review in statutory interpretation appeal on behalf of phone and internet provider who requested reimbursement of equipment relocation costs from flood control district, securing reversal (Southwestern Bell Telephone, LP v. Emmett, No. 13-0584)

    • Represented oil and gas services company in defending denial of temporary injunction in non-compete litigation (Lufkin Acquisitions Co., LLC v. Carty, Phillips, and Liberty Lift Solutions, LLC, No. 11-24-00139-CV)

    • Represented energy company challenging denial of motion to compel arbitration arising out of $600 million asset purchase agreement (BP America Production Co. v. SIMCOE, LLC, No. 14-23-00586)

    • Represented pipe manufacturer challenging multi-million-dollar breach-of-contract and indemnity judgment after bench trial (Borusan Mannesmann Pipe US, Inc. v. Hunting Energy Services, LLC, No. 14-21-00694-CV)

    • Represented genetics laboratory in appeal of $1M jury verdict awarding former employee post-termination sales commissions, securing reversal and rendition of take-nothing judgment (Baylor Miraca Genetics Laboratories, LLC v. Perthuis, No. 01-19-00095-CV)

    • Represented medical doctor and medical research company defending against appeal of arbitration award and related mandamus petition, securing dismissal of appeal and denial of mandamus (Shamim Memon and Discovery MM Servs., Inc. v. Carl Meisner, M.D., and Gulf Coast Med. Research, LLC, No. 13-20-00340-CV; In re Shamim Memon and Discovery MM Servs., Inc., No. 13-20-00477-CV)

    • Represented multiple defendants in briefing and arguing against national health insurer’s appeal of healthcare fraud decision, securing affirmance (United Healthcare Services, Inc., et al. v. Gonzales, et al., No. 01-17-00237-CV)

    • Second chaired two-week, multi-defendant jury trial involving 26 RICO conspiracy, drug trafficking, and murder counts, delivering opening statement, closing argument, and arguments to the bench on motions in limine and jury charge issues (United States v. Doleman, No. 2:19-CR-00204 in the Eastern District of Louisiana)

    • Represented supplement company defending against products-liability claims under Washington law (LeDoux v. Outliers et al., No. 3:24-cv-5808 in the Western District of Washington)

    • Represented former corporate officers defending against breach-of-fiduciary-duty and related claims by company (Alpine Summit Funding, LLC v. Perry et al., No. 4:24-CV-3327 in the Southern District of Texas)

    • Represented Taiwanese electronics manufacturer in $10 million contract and product-liability dispute with buyer, obtaining summary judgment (Safety Vision, LLC v. LEI Technology Canada and Lanner Electronics, Inc., No. 4:21-CV-03306 in the Southern District of Texas)

    • Represented individual defendant in federal money laundering and Texas commercial bribery prosecution centering on alleged violations of the Foreign Corrupt Practices Act (United States v. De Jongh, No. 20-CR-00305 in the Southern District of Texas)

    • Represented energy company in motion to set aside default judgment against former Venezuelan oil minister

    • Represented hospital system in briefing and arguing motion to dismiss False Claims Act retaliation case brought by terminated employee, securing dismissal

    • Represented publicly traded company and executives in bring motions to dismiss securities fraud lawsuits, securing dismissal

    • Represented international cruise company’s subsidiary in property-tax dispute with taxing unit (Galveston County v. Galveston Cruise Terminal, LLC et al., No. 24-CV-1186 in Galveston County district court)

    • Represented apartment group in property-tax dispute with appraisal district (Keener Harbor Walk LLC v. GCAD, No. 23-CV-1494 in Galveston County district court)

    • Represented oil and gas services company in declaratory action involving enforcement of non-disclosure agreement (Liberty Lift Holding Co., LLC v. KPS Capital Partners, LP et al., No. 2024-0406 in the Delaware Court of Chancery)

    • Represented natural-gas buyer in breach-of-contract litigation with seller arising from force majeure declaration during Winter Storm Uri, defeating seller’s motion for summary judgment (Targa Gas Marketing LLC v. Vitol Inc., No. 2021-21892 in Harris County district court)

    • Represented roofing company by preparing and arguing jury charge in sales-commission dispute with former employee; case settled favorably (Bunton v. Barr Roofing Company, No. 11108-D in Taylor County district court)

    • Represented medical-device manufacturer in contract and fraud dispute against distributor; case settled favorably (Vivorte, Inc. v. Acumed LLC, No. N22C-04-077 in Delaware Superior Court)

    • Represented prescription drug distributor in opioid litigation in Harris County district court

    • Represented hospital system defending a putative class-action challenge to emergency room rates in Harris County district court, briefing and arguing motion to dismiss and securing dismissal

    • Represented medical doctor and medical research company in Fort Bend County district court, briefing and arguing motion asking trial court to reconsider order vacating $8 million arbitration award arising from office administrator’s embezzlement; trial court reinstated award

    • Represented oil-and-gas services company pursuing professional negligence and breach-of-contract claims against insurance broker who procured inadequate coverage (AAA Well Service v. Lockton, No. 2025-78476 in Harris County District Court)

    • Represented spouse defending against collateral attack on ongoing Texas marital property proceedings, defeating declaratory-judgment action in Louisiana state court (Ducote v. Gravier Dev. LLC, No. 25-6178 in Orleans Parish Civil District Court)

    • Briefed and argued appeal to second arbitrator of first arbitration award on behalf of non-profit hospital system in contractual dispute with major health insurer over reimbursement rates

    • Obtained summary judgment in arbitration on behalf of energy company in contractual dispute over defense and indemnity for environmental liabilities

    • Represented major energy company in arbitration over contract dispute

Noteworthy

    • Ranked for Appellate Litigation by Chambers USA

    • Benchmark Litigation Star and 40 & Under List

    • Lawdragon 500 Leading Litigators in America

    • Lawdragon 500 Leading Energy Lawyers

    • “Rising Star” by Thompson Reuters Super Lawyers

    • “Texas Top Women” by Thomson Reuters Super Lawyers

    • Temple Bar Scholar, American Inns of Court

    • “Ten Women to Watch,” Washingtonian Magazine

    • Scribes Award, American Society of Legal Writers

    • Federal Courts Award, Federal Bar Association

    • Vinson & Elkins Best Case Note or Comment Award for Excellence in Legal Writing

    • State Bars of Texas and Louisiana

    • Supreme Court of the United States

    • United States Courts of Appeals for the Second, Fifth, Seventh, and D.C. Circuits

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

    • United States District Courts for the Eastern & Middle Districts of Louisiana

    • Panelist, "Ensuring Admissibility: Navigating Texas Remote Deposition Rules," Remote Legal Court Reporting (2025)

    • “Build A Better Brief: Tips to Improve Your Legal Writing,” Houston Bar Association Appellate Section Luncheon (2023)

    • “Women & Work: Stepping Into Kingdom Productivity,” Podcast Guest (2021)

    • “Krewe du Supreme: Supreme Court of the United States,” Baton Rouge Bench and Bar Conference (2019) (co-presenter Louisiana Solicitor General Elizabeth Murrill)

    • “Percolating and Potential Legal Conflicts: Challenges for Lawyers and Judges,” Appellate Judges Education Institute (2014) (co-authors Aaron M. Streett & Ernest A. Young)

    • “Advanced Appellate Brief Writing,” Louisiana State University Law Center (2013, 2014)

    • “United States Supreme Court Update,” Houston Bar Association (2013)

    • “Silencing Chicken Little: Options for School Districts after Parents Involved,” Louisiana Law Review (2009)

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