Karen Smith
Ms. Smith is an experienced litigator who regularly represents individuals and corporations in the areas of complex commercial disputes, construction litigation, and employment law matters. Ms. Smith has handled cases throughout the state of Texas and taken numerous cases through to trial in state and federal court. Her clients include internationally-based manufacturers, commercial and residential real estate developers, financial institutions, transportation companies, construction industry contractors, certified public accountants, and oil and gas companies, as well as their officers and directors.

Representative Matters
General Litigation

• Awarded a verdict in the amount of $3.5 million on behalf of plaintiff in action for fraud and conspiracy relating to purchase of horizontal drill pipe.
  
• Successfully defended medical practice group and physician in arbitration proceeding for breach of contract. Plaintiff sought $1.0 million in damages plus attorney's fees. Award in favor of defendants.
• Awarded summary judgment while defending a real estate developer in a multimillion dollar action for fraud and fraudulent inducement related to the purchase of land for residential development.
• Awarded verdict on behalf of a plaintiff client in breach of contract and tortious interference related to $3.9 million low income housing project.
• Obtained a jury verdict on behalf of a financial institution client in defense of allegations regarding breach of contract, fraud, negligence, promissory estoppel, libel and slander and negligent misrepresentation.
• Obtained a jury verdict in favor of the client and received damages of approximately $1 million in an action for breach of contract for non-payment of rent escalations and negligence for harm done to a medical facility building.
• Successfully obtained a verdict for the defendants in an action for malicious prosecution, defamation, and intentional infliction of emotional distress.
• Won a jury trial on behalf of a health care services company in a lawsuit brought by independent contractors alleging they were not properly compensated. Secured a directed verdict on plaintiffs' claims of fraud and fraudulent inducement and obtained a jury verdict denying the remaining claims.
• Represented a medical management company in a $1.3 million arbitration with its former chief financial officer to determine the value of his company shares. Obtained a final award in favor of the company.
  

Employee Litigation

• In federal court, received summary judgment without trial in successful defense of railroad against allegations of discrimination on the basis of age and disability.
  
• In federal court, received summary judgment without trial in the successful defense of an international engineering consulting firm against alleged retaliation stemming from a sexual harassment report.
• Received summary judgment on behalf of a large North America and South America movie theater owner/operator against plaintiff seeking damages in excess of $1.2 million for alleged reverse race discrimination.
• Successfully defended a leading North American provider of waste and environmental services against claims for wrongful retaliatory termination based on the pursuit of a workers' compensation claim, with the jury returning with a defense verdict and the judge both awarding client costs and denying the plaintiff's requested compensation of $900,000.
• Defeated preliminary injunction action sought against a lighting manufacturing company following the client's hire of a high-level R&D scientist from a competitor. The plaintiff sought a seven-figure damages award, which it ultimately abandoned as well.
• Obtained final summary judgment on behalf of the defendant, affirmed on appeal, in an action for wrongful termination in retaliation for reporting of illegal conduct.
• Successfully defended an industrial construction company and two employees against a $1 million lawsuit to enforce non-competition agreements. Defeated the request for injunctive relief and obtained a joint stipulation of dismissal without payment of damages.
  

Construction Litigation

• Defended a construction products company in a $1 million lawsuit by a Texas city alleging defects in a drainage improvement project. Negotiated a favorable settlement for the company.
  
• Won a jury trial on behalf of a HVAC/heating company in an action alleging breach of contract, misappropriation of trade secrets (pricing) and tortious interference with business relationship.  Plaintiff sought in excess of $1 million in damages.  The case was tried to a jury verdict resulting in a successful defense verdict and take nothing judgment against the plaintiff.
• Defended a general contractor in an action alleging failure to supply adequate labor and timely delivery of materials in a multi-million dollar project.  Negotiated a favorable settlement for the company.
  

Oil Gas

• Represented an oil production company in multi-district class action litigation related to claims for the underpayment of royalties in Texas, Louisiana and Alabama.
  
• Successfully resolved multi-billion dollar litigation involving claims of fraud and tortious interference with a merger agreement in favor of a global manufacturer of chemical products.
• Represented a major independent oil and gas company in a multi-million dollar action against a pipeline transportation company for tortious interference with a natural gas supply contract, fraud, breach of fiduciary duties and conspiracy.
  

Professional Honors & Activities

• Named − Houston's Top Lawyers by H Texas Magazine (2014 – 2017) – Business Litigation, Civil Litigation, Commercial Litigation
  
• Recipient − Justice Barbara Culver Clack Award, State Bar of Texas, Woman and the Law Section
• Member – State Bar of Texas
  
  • Council for the Women and Law Section (2016 – 2018)
    
  • Texas Lawyers Assistance Program (2007 – 2010)
    
  • Women in the Profession Committee (2000 – 2002)
    
• Fellow – Texas Bar Foundation (2007- present)
• Member – American Bar Association
• Member – International Association of Defense Counsel (2020 - present)
• Member – Texas Women Lawyers
  
  • Board of Directors (2000 – 2009)
    
  • President (2006 – 2007)
    
• Member – Association of Women Attorneys
  • AWA Foundation, Board of Directors (2005 – 2007)
    
  • AWA Foundation, Board Chair (2006 – 2007)
    

• Member – Women's Energy Network
  
  • Retention Committee
    
  • Charity Luncheon Committee
    

Publications

• "Texas Lifts Statewide Mask Order and Reduced Capacity Restrictions" (March 2021)
  

Speaking Engagements

• Co-presenter – "Making the Right Hire," AWT Annual Conference, Orlando, Florida (September 26 – 29, 2018)
  
• "Terminations: The Good, the Bad and the Ugly," AWT Business Resources Committee Webinar (August 2018)
• "Making the Right Hire," AWT Business Resources Committee Webinar (July 2018)
• "Wage and Hour Law for Outfitters," American Outdoors Association, Salt Lake City, Utah (December 2015)
  

Webinars

• FFCRA And The New CARES Act: What Do They Mean for Employers and SBA Loans? (March 2020)
  

Education

• Baylor University School of Law, J.D.
  • Order of Barristers
    
• Sam Houston State University, Bachelor of Science
  

Admissions

• Texas, 1992
  
• U.S. Court of Appeals, Fifth Circuit
• U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas
  

Office (210) 547-7412
Fax (210) 547-7410    [email protected]