Bringing more than 32 years of litigation experience in state and federal courts, Shain’s innovative representation of clients has led to substantial recoveries, successful defenses, and appeals vindicating his clients’ rights.
Diverse Industry Experience
Shain has represented clients in a myriad of disputes in diverse industries, including disputes involving business torts, securities fraud, employment, non-competition matters, and more.
Recognized High-Stakes Litigator
Shain is annually recognized as a Texas Super Lawyer, a Best Lawyer in America, and one of America’s Top 100 High-Stakes Litigators.
Shain A. Khoshbin, PC is a partner at Munck Wilson Mandala in the litigation group. Shain is an accomplished advocate who focuses – both inside and outside the courtroom – on overcoming tough obstacles and achieving successful results.
Outside the courtroom, Shain has summited Kilimanjaro (tallest freestanding mountain in the world), dived “The North Wall” in Grand Cayman (wall plunges in excess of 6000 feet past the reef), summited Shipton’s Arch located to the northwest of Kashgar in China’s Xinjiang Uyghur Autonomous Region (also known as the “Hole in Heaven” and said to be the world’s tallest natural arch), and competed in the “Racing the Planet” Gobi Desert March (a 250 kilometer self-supported march across the Gobi Desert — also called “The Race of No Return”).
Inside the courtroom, Shain is a fierce advocate for his clients. Steeped in complex business/commercial litigation for over three decades, Shain’s innovative representation of clients has led to substantial recoveries, successful defenses, and appeals before various Courts of Appeals vindicating his clients’ rights.
Shain has been selected among “The Best Lawyers in America” for commercial litigation in 2022 and 2023, as published by Woodward White, Inc. In addition, Shain repeatedly has been selected as a “Texas Super Lawyer” in business litigation, as published by Thomson Reuters in Texas Monthly, and has had the distinction of being named one of the Top 100 attorneys practicing in Dallas/Fort Worth by “Super Lawyers” in his respective practice. He also has been recognized among the nation’s top litigators in the “Super Lawyers” Corporate Counsel Editions and the “Super Lawyers” Business Editions, published by Thomson Reuters. Moreover, Shain is a Life Fellow of the American Bar Foundation. Membership in The Fellows is limited to one-third of one percent of lawyers licensed to practice in each jurisdiction. Shain also has been selected among America’s Top 100 High Stakes Litigators® consecutively from 2018 through 2023, and as a Lifetime Charter Member of Rue Ratings’ “Best Attorneys of America” (limited to 100 attorneys in each state), and is a Life Member of The Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum.
Shain fights for his clients’ rights across the country – on both sides of the docket. He has experience with matters involving business torts, fraud, breaches of trust, fiduciary duties, and complex contractual relationships; securities fraud litigation; partnership, investment, shareholder, and derivative disputes; hospitality management/franchising altercations; trade secret, unfair competition, and patent infringement battles; business disparagement, defamation, and tortious interference claims; receivership and bankruptcy; executive employment and non-competition matters; industrial product liability and construction lawsuits; multi-party insurance coverage/bad faith claims; catastrophic manufacturing facility losses; defense of an employee wage/hour federal class action; and defense of a Fortune 500 company in premises liability/negligent hiring lawsuit involving a triple homicide.
The Artist Outreach
Board of Directors; Head of Governance
American Bar Association
American Association for Justice
Federal Circuit Bar Association
Bar Association of the Fifth Federal Circuit
Texas Bar Association
Illinois Bar Association
Dallas Bar Association
Chicago Bar Association
Best Lawyers in America, Woodward White, Inc.
Texas Super Lawyers, Thomson Reuters
2007 – 2022
Super Lawyers “Top 100 Attorneys in Dallas/Fort Worth”, Thomson Reuters
2011 – 2012
“Top Litigators” in Super Lawyers Corporate Counsel Edition 2008-2012, and Super Lawyers Business Edition 2013-2018
American Bar Foundation, Life Fellow
America’s Top 100 High Stakes Litigators®
2018 – 2023
Rue Ratings’ “Best Attorneys of America”,
Lifetime Charter Member
The Million Dollar Advocates Forum,
Multi-Million Dollar Advocates Forum,
U.S. Supreme Court
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Federal Circuit
U.S. District Court, Northern District of Texas
U.S. District Court, Eastern District of Texas
U.S. District Court, Western District of Texas
U.S. District Court, Northern District of Illinois
U.S. District Court, Northern District of New York
U.S. District Court, District of Colorado
Lead defense trial attorney in the ABA’s Historical Trial — Terror in San Francisco: The 1916 Preparedness Day Bombing Trial, at the 2007 American Bar Association Annual Meeting in San Francisco, California.
Lead defense trial attorney in the ABA’s Historical Trial — Murder at Madison Square Garden: The Trial of Harry Thaw for the Killing of Stanford White, at the 2008 American Bar Association Annual Meeting in New York, New York.
“Trial mentor” in the ABA’s Historical Trial — The Insanity Trial of Mrs. Abraham Lincoln, at the 2009 American Bar Association Annual Meeting in Chicago, Illinois.
Presentation of Defending The Restaurant Murder Case, at the 2009 Hospitality Law Conference in Houston, Texas.
Article Legal Ethics & Professionalism on the Agenda,
Dallas Bar Association Headnotes, Vol. 29, June 1, 2005.
2006 presentation of Intellectual Property & Insurance: The New Frontier, at FM Global Corporate Headquarters in Johnston, Rhode Island.
Article Company Trash-Talk Websites & The Stored Communications Act: The Internet As The “Office Water Cooler” Of the 21st Century,
Hospitality Lawyer, September 2009 In-House Counsel Newsletter and October 2009 Legal Newsletter.
Presentation of Negotiation 101: Preparing for Settlement, at the 37th Annual Risk Industrial Management Society Conference in Dallas, Texas.
Article BUSINESS DIVORCES IN TEXAS: Recent Case On “Disguised Dividends,” Alleged “Squeeze Out,” Improper Buy-Out, And Shareholder Oppression,
ABA Commercial & Business Litigation Section, November 2010.
Article INFRINGING ON A SONG, PICTURE OR OTHER ARTWORK WITHOUT A REGISTERED COPYRIGHT: Another Circuit Follows The Fifth Circuit Approach To Allow Filing A Lawsuit Under The Copyright Act Without A Certificate Of Registration,
EIN Presswire, June 9, 2010.
December 2016 presentation of CIVIL CYBER CLAIMS: Computer Fraud And Abuse Act In Business Disputes, at Interstate Batteries Headquarters in Dallas, Texas.
Presentation of Mold Subrogation – Making Sure Your Recovery Doesn’t Become Toxic, at the 2003 Nationwide Insurance Summit in Canton, Ohio.
Article MINORITY SHAREHOLDER OPPRESSION IN TEXAS & MAJORITY SHAREHOLDER TAX RETURNS: When An Irresistible Force Meets An Immovable Object,
LinkedIn, October 2010.
Quoted in TechTarget article published October 31, 2017,
LinkedIn case raises employee privacy concerns, written by Patrick Thibodeau.
Article Voluntarily Gutting Your Subrogation Claim,
NASP Subrogator Magazine, Winter 2003.
Article DISCLOSURE OF INTERNAL INVESTIGATIONS: Recent Federal Case Discussing “Selective Waiver” Of Work Product Privilege,
ABA Commercial & Business Litigation Section, December 2010.
Article Unilateral Contracts & Future Payment Promises To At-Will Employees: Vanegas v. American Energy Services Adds Clarity to “Illusory Contracts”,
Hospitality Lawyer, March 2010 In House Counsel Newsletter and May 2010 Legal Newsletter.
Article Maximizing Subrogation Recoveries,
NASP Subrogator Magazine, Fall 2002.
Panelist for 2008 Macalester College Legal Studies Program Roundtable Discussion, What I Wish I Had Known About Law School And Legal Careers, at Macalester College in St. Paul, Minnesota.
Article Turning The Tables in Construction Defect Cases & The Mold Mayhem,
NASP Subrogator Magazine, Spring/Summer 2004.
June 2010 DCA Seminar on Premises Liability & Workplace Violence in Texas, in Dallas, Texas.
Article OIL & ANTITRUST AKIN TO OIL & WATER? Fifth Circuit Refrains From Adjudicating Opec Price-Fixing Claims,
ABA Commercial & Business Litigation Section, February 2011.
Closing speech at the 2013 Future Leaders Program Showcase, at St. Mark’s School of Texas in Dallas, Texas.
Judge in the 2013 and 2018 DBA High School Mock Trial Competition, in Dallas, Texas.
Judge in the 2014 and 2015 International Public Policy Forum Debate, at New York University in New York, New York.
Article United States v. Novartis AG: A Good Primer On Adequate Allegations Of Qui Tam Fraud, The First-to-File Rule, And The Public Disclosure Bar,
ABA Commercial & Business Litigation Section, June 2015.
September 2015 seminar on The Art Of Advocacy: Top Ten Rules For Opening Statements & Closing Arguments, for the Hillcrest High School Mock Trial Team in Dallas, Texas.
Article Mock Trials In Business Litigation: Choosing When and How To Do It Cost-Effectively,
Corporate Counsel, May 5, 2016.
Article Cybercrimes in Civil Litigation: Using the CFAA To Go “On the Offensive,”
Corporate Counsel, March 22, 2017.
July 2017 seminar on Hotel Litigation, at La Quinta Corporate Headquarters in Irving, Texas.
June 2017 seminar on Top Ten Rules: The Art of Advocacy for Non-Profit Startup, for “Spark Tank Camp” in Dallas, Texas.
December 2017 seminar on Hotel Data & The Computer Fraud and Abuse Act, at Phoenix American Hospitality Corporate Headquarters in Dallas, Texas.
Article Password-Sharing May Be a Federal Crime Under the Muddied Waters of the CFAA,
Cybersecurity, Law & Strategy (Law Journal Newsletters), February 2018
Corporate Counsel, January 5, 2018.
Article Fraudulent Inducement And Breach Of Contract: The Texas Supreme Court Clarifies The Need For Separate Jury Questions,
Texas Lawyer, July 19, 2018.
Moderator and speaker for presentation, Data Protection & Cybersecurity, at the NACDL 14th Annual White Collar Seminar on November 9, 2018, in Washington, D.C.
Quoted in TechTarget article published September 13, 2019,
HiQ Labs vs LinkedIn case OK’s robot monitoring of employees, written by Patrick Thibodeau.
Article TEXAS APPELLATE COURT ADDRESSES FREE SPEECH IN CONTEXT OF ANTI-SLAPP STATUTE: PART 1 – Opinion provides good case study on impact of recent amendments to Lone Star State anti-SLAPP statute,
ABA Commercial & Business Litigation Section, October 3, 2019.
Article TEXAS APPELLATE COURT ADDRESSES FREE SPEECH IN CONTEXT OF ANTI-SLAPP STATUTE: PART 2 – How the court addressed important issues of alter ego, vicarious liability and agency, and summary of efforts to narrow scope of anti-SLAPP statutes,
ABA Commercial & Business Litigation Section, October 24, 2019.
January 2022 seminar on The Art Of Advocacy: Top Ten Rules For Opening Statements & Closing Arguments, for the Emmett J. Conrad High School Mock Trial Team in Dallas, Texas.
Article More Efficient International Service of Process: To Hague, or not to Hague, that is the question.,
Featured Law Article, International Law Section, State Bar of Texas, March 4, 2022, also circulated by Inter-American Bar Association in Washington, D.C., March 31 and April 20, 2022.
January 2023 seminar on The Art of Advocacy: Top Ten Rules for Opening Statements & Closing Arguments, for the St. Mark’s School of Texas Mock Trial Team in Dallas, Texas.
“Dual Purpose” Communications, the Attorney-Client Privilege, and the “Primary Purpose” Test in Texas: SCOTUS Punts, But Does Texas?
Texas Lawyer, February 6, 2023.
Article How Derivative Will Derivative Claims Go?
Law360, April 13, 2023.
Article Are Texas Anti-SLAPP Motions Proper Legal Vehicles to Challenge Standing and, Thus, Subject Matter Jurisdiction? Detailed analysis in recent oil and gas trade secret case.
Texas Lawyer, May 15, 2023.