10 Jan Shain A. Khoshbin
Shain A. Khoshbin
Shain A. Khoshbin is a partner at Munck Wilson Mandala in the complex litigation/dispute resolution 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 — as well as the Texas Supreme Court — vindicating his clients’ rights.
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. In addition, 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® for 2018, 2019, and 2020, 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, and breaches of trust, fiduciary duties, and complex contractual relationships; trade secret, trademark, unfair competition, and patent infringement battles; partnership, investment, shareholder and derivative disputes; securities fraud litigation; hospitality management/franchising altercations; 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.
- Lead trial and lead appellate counsel defending company, partnership, and senior officers in securities fraud action brought by Ohio Division of Securities which, after five-day administrative hearing, resulted in hearing officer recommendation of complete defense victory (now on appeal).
- Lead defense counsel in federal court action in Central District of California, in which investment banking firm sued hospitality company for breach of contract, promissory fraud, and declaratory judgment relating to $28.3 million deal and $38.15 million deal for the purchase of hotels where, after removing the lawsuit to federal court, achieved dismissal of lawsuit for lack of jurisdiction (subsequently confidentially settled).
- Lead counsel representing oil and gas companies at trial in Pecos, Texas, winning defense verdict in favor of clients on breach of contract claim asserted by publicly-held drilling services company seeking seven-figure damages award.
- Successfully represented Netherlands-based luxury resort owner in connection with lawsuit filed in Curacao by publicly-held hotel management company/franchisor seeking to enjoin owner’s termination and removal of management company and its brand from the resort on the Island of Curacao, resulting in denial by Curacao court of relief sought by management company/franchisor.
- Lead trial and appellate counsel defending company and executive in securities fraud lawsuit brought by the Colorado Securities Commissioner seeking eight-figure restitution award, replacing former lead counsel in decade-long battle after liability judgment already entered and soon before damages portion of trial proceedings. Judgment resulted in less than 20% of the restitution amount sought by Commissioner. Clients filed appeal, and Commissioner filed cross-appeal. The Court of Appeals reversed the judgment and remanded with directions (now on appeal).
- Successfully represented a world leader in thermoelectric technology after publicly-held manufacturing company alleged termination of its supply contract and demanded millions in damages, securing confidential settlement agreement with seven-figure payment instead to client less than seven months after filing federal court action and receiving defendant’s answer.
- Represented plaintiff at trial which resulted in eight-figure patent infringement verdict in federal case involving motion detection technology; trial court later granted defendant’s JMOL (currently subject to appeal).
- Lead counsel representing national temporary housing company in state court false advertising/unfair competition lawsuit and tandem federal court “anti-cybersquatting” lawsuit against industry competitor, resulting in successful transfer of domain names to client and confidential monetary settlement within six months of replacing client’s former counsel in state court action and filing the federal action.
- Lead counsel in commercial litigation in which securities fraud counterclaims brought against clients by defendant and its executives seeking seven-figure damages award where, after causing two of the counter-plaintiffs to withdraw their claims and filing motion for sanctions seeking to dismiss the securities fraud claims in their entirety, case confidentially settled favorably for clients.
- Lead defense counsel in multi-million dollar business torts lawsuit where defeated emergency Rule 202 Petition and, in subsequent lawsuit, defeated application for temporary restraining order (after evidentiary hearing) and emergency motion for discovery (after hearing before magistrate).
- Represented publicly-traded innovation company in complex litigation in Minnesota, including claims against its former law firm for breach of fiduciary duties with respect to firm’s representation of the State of Minnesota in lawsuit against company alleging damage to the state’s natural resources (reported by the Star Tribune in 2014 to be “potentially the largest of its kind brought by the State of Minnesota”).
- Lead counsel defending clients against breach of fiduciary duty and trade secret misappropriation claims brought by international defense contractor, achieving dismissal of clients from lawsuit without any damages or other relief awarded against them after replacing the clients’ prior attorneys.
- Represented hotel chain in California temporary injunction proceedings concerning company’s “flagship hotel” in Monterey, California, securing status quo regarding removal of management company from the hotel.
- Retained by Fortune 1000 corporate client as lead counsel to appeal dismissal of its seven-figure claim against owners and operators of the Warwick Hotel, and won reversal after presenting oral argument before the Houston Court of Appeals twice (once before and once after obtaining a remand from the Texas Supreme Court).
- Represented a leading metal recycling and smelting company in complex litigation against Chilean-based competitor involving claims and counterclaims seeking tens of millions of dollars for breach of contract and fiduciary duty, unfair competition, and trade secret misappropriation, involving discovery efforts across the globe.
- Lead counsel representing national marketing company in trademark infringement and business disparagement lawsuit against global producer and distributor of filmed entertainment. Achieved reversal of summary judgment against client after presenting oral argument in the Dallas Court of Appeals, and winning the subsequent appeal to the Texas Supreme Court by defendants. Then achieved reversal of second summary judgment against client after presenting oral argument in the Eastland Court of Appeals, and winning the subsequent appeal to the Texas Supreme Court by defendants. Achieved substantial confidential settlement for client soon after second victory in Texas Supreme Court.
- Represented claimant in FINRA arbitration in Los Angeles, California, wherein arbitration panel entered seven-figure award against respondent.
- Represented clients in New York state court asserting claims seeking millions of dollars in damages for breach of contract and tortious interference against various defendants located across the globe in connection with acquisition of international ultra-luxury hotel chain.
- Lead counsel representing Dallas-based company in complex litigation involving former President’s termination. After filing mandamus and presenting oral argument on behalf of the company, obtained order from Dallas Court of Appeals finding that trial court abused its discretion by not ordering former President to return company’s confidential documents and not disqualifying former President’s counsel. After presenting oral argument in the Texas Supreme Court regarding Court of Appeals’ order, the parties reached a confidential settlement favorable to client.
- Represented oil and gas company in AAA arbitration against drilling contractor seeking eight-figure damages award, and defended company and its affiliates in connection with lawsuit filed by contractor in the Cayman Islands seeking receivership and damages.
- Defended Fortune Global 500 electrical supplies distributor in federal court against unfair competition claims, achieving dismissal of plaintiff patent holder’s claims.
- Argued and won summary dismissal in federal court of plaintiffs’ negligent hiring and premises liability claims seeking millions of dollars against Fortune 1000 restaurant corporation client arising out of triple homicide, which was affirmed by Fifth Circuit.
- Lead counsel defending apparel manufacturing company in commercial litigation concerning breach of purchase/sale and distribution contract with vendor, achieving confidential settlement favorable to client soon after replacing the client’s prior attorneys.
- Lead counsel defending worldwide hotel chain and affiliates in commercial litigation involving telecommunications contracts for hotels in New York and Michigan, achieving confidential settlement favorable to clients.
- Lead counsel for nationally-known mobile home manufacturer and subrogating carrier in New York federal court in complex litigation involving national fire detection and protection vendor/installation/service contract and catastrophic manufacturing facility loss causing over $17 million in damages, achieving substantial confidential settlement favorable to client.
- Lead counsel representing corporate policyholders in multi-party insurance coverage lawsuit regarding insurers’ denial of coverage/refusal to defend a series of lawsuits alleging trademark/trade dress infringement, resulting in confidential settlement favorable to clients.
- Defended commercial product manufacturer against federal trademark infringement and unfair competition claims, achieving confidential settlement favorable to client.
- Represented international hospital company in complex commercial litigation with lawsuits pending in two separate states involving its flagship medical center and associated medical school located in Omaha, Nebraska, achieving confidential settlement favorable to client.
Disclaimer: Past achievements are no guarantee of future results. Results depend on the facts of each case.
Presentations & Published Works
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.
Professional Associations & Memberships
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
Additional Education & Achievements
Shain is married to Terrie DePratt Khoshbin. They have two sons — Samuel Avery Khoshbin and Broderick Piers Khoshbin. Shain enjoys spending time and traveling with his family, scuba diving, skiing, music (plays guitar), grappling, and various types of physical and mental challenges. In that regard, Shain has summited Kilimanjaro (tallest freestanding mountain in the world), 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”), dived “The North Wall” in Grand Cayman (wall plunges in excess of 6000 feet past the reef), and summited Shipton’s Arch (also known as the “Hole in Heaven”) located to the northwest of Kashgar in China’s Xinjiang Uyghur Autonomous Region (said to be the world’s tallest natural arch).