Houston litigation boutique Smyser Kaplan & Veselka enjoys a praise-worthy reputation in the city’s legal community. The firm was established by three litigators recognized as the city’s top litigation talent –
Craig Smyser, Lee Kaplan and Larry Veselka. Since its founding, the three name partners have built a bench of trial lawyers across practice areas. A client comments, “Strategy and trial. This is one of our go-to firms for trials. Across the board, this is the best Texas trial firm.” The firm has historically been recognized for its energy industry representation, most notably, though, for its capability to represent operators and mineral owners alike.
While the firm’s senior talent is unquestionably embedded in the city’s primary industry of energy, Smyser Kaplan is not exclusive to that sector. White-collar crime litigator
Dane Ball is among the firm’s younger established partners, and one who whose work crosses all industry sectors. Ball is the lead lawyer defending an individual indicted on alleged fraud charges following the $1 billion collapse of First NBC Bank, one of the largest bank fraud cases.
Ball and Smyser successfully defended McKesson against a multidistrict litigation lawsuit filed by 77 Texas counties using novel public nuisance legal theory to allege that McKesson played a key role in the opioid epidemic. States and counties have sought to hold distributors and manufacturers accountable nationwide. Smyser as lead counsel advocated for McKesson and co-defendants during hearings, led negotiations, and set the strategy for defense. Smyser and Ball negotiated a settlement as part of a state-wide agreement. In another Texas-centered case, the partners make up the team serving as defense counsel for the Director of Safety for the Astroworld Festival. The team is in the midst of deposing plaintiffs in the MDL alleging personal injury, negligence, and wrongful death claims.
Veselka’s civil and commercial practice over the last year has handled cases for a diversity of clients. He represented the Mineral Interest Owners in a large ranch, Petty Business Enterprises, in their lawsuit against lessees for failure to pay all royalties due. Originally, the claim was filed in state court, but Veselka moved the case to Bankruptcy Court for the Southern District of Texas where it was tried. Veselka won more than $10 million for the plaintiffs in the court’s Memorandum Opinion, leading to a successful settlement that was approved by the Judge in June 2022. Veselka is currently handling a white-collar crime matter, as well as a commercial case representing the plaintiff, Patriot Contracting, against subcontractors and the owner of a mixed use, mid-rise, two-block apartment building. Veselka is asserting claims and defending counterclaims filed by the owner.
Kaplan led a team that represented Vitol Americas Corporation in a breach of contract and fraud lawsuit against Targa Channelview over the construction of a splitter facility in Channelview. Following a hotly contested five-week bench trial held virtually, the firm’s team obtained a $158 million judgment in the client’s favor. Kaplan and the team, which includes appellate specialist
Garland Murphy, successfully defended the win at the 14th Court of Appeals and is currently taking the case to the Texas Supreme Court. Murphy is also working with Kaplan in representing Vitol in another business litigation case against Targa in one of the many cases to erupt from the February 2021 winter Storm Uri.
