John Zavitsanos

John Zavitsanos has been recognized by attorneys across the United States as one of the best lawyers in America. 2010 is the sixth consecutive year this recognition has been bestowed on Mr. Zavitsanos by the nationally recognized publication of the same name. This distinction is awarded to less than 1% of all lawyers in the country. Mr. Zavitsanos was also a charter recipient of the designation of "Texas Super Lawyer" by Texas Monthly magazine and has been named a Super Lawyer every single year this award has existed. Much like the "Best Lawyers" distinction, this award is voted upon by members of the bar and is limited to the top 5% of all practicing lawyers in the state of Texas. Moreover, Mr. Zavitsanos has repeatedly been identified as one of Houston's best lawyers by H Texas magazine (he has received this distinction every year this award has existed as well), and is personally "AV" rated (the highest possible rating) by Martindale-Hubbell, the premier legal directory in the United States.

In 2007, 2008, 2009, and 2010 Texas Monthly recognized Mr. Zavitsanos as one of the top 100 regional attorneys in business litigation. Mr. Zavitsanos has also been board certified in civil trial law since 1997 by both the Texas Board of Legal Specialization and the National Board of Trial Advocacy, an achievement held by less than 2% of all practicing lawyers in the state of Texas. In 2008, Mr. Zavitsanos was one of six lawyers from the Houston area elected to the advocate level of the American Board of Trial Advocates (ABOTA), one of the most selective trial lawyer organizations in the country.

Mr. Zavitsanos' cases have repeatedly been featured in the Wall Street Journal, the New York Times, the National Law Journal, the American Lawyer, the Texas Lawyer, and many other national publications. Mr. Zavitsanos (and the rest of the Firm) represents both plaintiffs and defendants in a wide variety of cases. He has tried over 75 cases to a verdict in a multitude of areas of the law including financial services, construction, oil and gas, complex commercial disputes, director and officer liability, non-compete/trade secret disputes, employment, and catastrophic personal injury.

Given Mr. Zavitsanos' extensive trial experience, he is often hired as special trial counsel by other law firms. He uses a number of innovative techniques in the courtroom that have enabled him to win the overwhelming majority of his many trials.

Mr. Zavitsanos' litigation experience includes not only a multitude of jury trials, but a significant number of bench trials, administrative trials, and oral arguments to the federal and state courts of appeal. It is because of this battle-tested experience that he is asked to frequently lecture at CLE seminars on trial and litigation techniques in complex cases.

Having tried over 75 cases to a verdict, Mr. Zavitsanos is regularly hired by other lawyers on the eve of trial to assume first chair trial responsibility. In 2008, Mr. Zavitsanos tried 2 large business cases for over 5½ months. The collective amount at issue is both suits was over$75 million. In 2007, Mr. Zavitsanos tried six cases to conclusion, including a three-week bench trial on behalf of a Fortune 300 company involving a $150 million offshore pipeline dispute. Following a ruling in favor of the Firm's client, the case settled with the plaintiff paying a substantial amount to the Firm's client in exchange for the acquisition of certain assets. All of the cases Zavitsanos tried in 2007 and 2008 resulted in verdicts in favor of the Firm's clients.

In the area of employment law, Mr. Zavitsanos has represented scores of senior executives in negotiations with their employer in the preparation of employment agreements or in the negotiations of settlements under existing employment agreements. In those rare instances where a settlement could not be achieved, Mr. Zavitsanos has represented these executives and officers against their employer in jury trials. Mr. Zavitsanos has never lost an employment law jury trial. At the same time, Mr. Zavitsanos has represented many publicly traded companies in a variety of disputes with former employees including non-competition agreements, theft of trade secrets, title VII disputes, and a variety of other claims. Whether representing the employee or the employer, his trial record is unblemished.

In 2007, Mr. Zavitsanos was selected to serve on a five-member committee by the Ecumenical Patriarch of the worldwide Greek Orthodox Church to investigate the possibility of initiating human rights litigation against the government of Turkey before the European Courts of Human Rights in Strasbourg, France. The Ecumenical Patriarch is the spiritual head of 300 million Orthodox Christians around the world and is located in Istanbul, Turkey. As a member of this committee Mr. Zavitsanos is working closely with numerous internationally renowned human rights lawyers, including lawyers from the American Center for Law and Justice, the European Center for Law and Justice and some prominent human rights lawyers from Turkey.

These are some of the results of Mr. Zavitsanos’ cases:

In 2008, Mr. Zavitsanos was retained in a $40 million “bet the company” case involving claims brought against A&B Valve and Supply, an oilfield supply company by National Oilwell Varco. He was hired three months prior to the scheduled trial date. Shortly before Zavitsanos was hired, the trial court had entered a temporary injunction prohibiting A&B from doing business with a substantial number of its customers. This resulted in millions of dollars of losses. Within thirty days of being hired, Zavitsanos successfully obtained a writ of mandamus against the trial court and reversed the temporary injunction. They then proceeded to trial in March 2008. After five weeks of evidence, the jury returned a verdict in favor of Zavitsanos’ client on all claims. This case received national and international attention and was featured in the National Law Journal, the Texas Lawyer, and over 25 newspapers around the world.
In 2007, Mr. Zavitsanos was the lead trial counsel in a three-week trial involving a $150 million contractual dispute about a jointly owed offshore gas pipeline. Following a successful decision in favor of the Firm's client, the plaintiff immediately launched settlement discussion and resolved the dispute by paying a substantial amount to Zavitsanos' client in exchange for the acquisition of certain assets.
In 2007, Mr. Zavitsanos, along with his partner Todd Mensing, represented a vice president of a publicly traded seismic company. Despite substantial evidence during trial that the plaintiff had been severed during a company wide restructuring, Zavitsanos and Mensing succeeded in obtaining a substantial seven-figure verdict in favor of their client by proving age discrimination.
In 2007, Zavitsanos prevailed in a lengthy arbitration in Chicago on behalf of a national drug company. He recovered all attorneys' fees incurred by the Firm's client against a codefendant from a prior wrongful death case in San Antonio, Texas. In the earlier case, the wrongful death case settled for millions of dollars, but Zavitsanos' client paid nothing. Following the conclusion of that litigation, Zavitsanos' client initiated arbitration against the codefendant to recover all of the fees from the defense of the San Antonio case. The arbitrator awarded Zavitsanos' client 100% of the fees incurred in defending the wrongful death case.
In 2005, Mr. Zavitsanos was one of the lead attorneys representing over 63 plaintiffs in an accounting malpractice jury trial involving over $30 million in actual damages. The case was covered by the national media extensively. Shortly after trial began, the defendant settled for a confidential amount.
Between 1990 — present, Mr. Zavitsanos has been statewide counsel for Mercedes-Benz USA. During this time frame, Mr. Zavitsanos has tried a number of cases to verdict and has never lost a jury trial defending Mercedes-Benz.
In 2003, Mr. Zavitsanos represented a national pharmacy company as a plaintiff in a significant breach of contract case. Following the completion of the evidence, the defendant agreed to settle the case for 95% of the damages and attorneys fees incurred by Mr. Zavitsanos' client.
In 2002, Mr. Zavitsanos was the lead lawyer for the defense in an $8 million business tort case. The trial lasted over one month and included over 1,000 trial exhibits. Because of the voluminous number of documents and witnesses, Mr. Zavitsanos and his trial team utilized the latest technology to present the case to the jury. The trial was completely "paperless." Immediately prior to trial, Mr. Zavitsanos' client offered nearly $1 million to settle the case, which the plaintiff company rejected. Following the month- long trial, the jury found in favor of his client on every single claim.
In 2001, Mr. Zavitsanos obtained a seven-figure jury verdict against a publicly traded company in a fraud claim brought by the company's former director of Mergers and Acquisitions.
In 2000, Mr. Zavitsanos defended a Fortune 100 company in a highly charged sexual harassment case where the plaintiff rejected a significant settlement offer. Following a lengthy jury trial, Mr. Zavitsanos' client won on all claims and obtained a judgment for costs against the plaintiff.
In 1999, Mr. Zavitsanos represented a plaintiff in a case under the Americans with Disabilities Act where the claimed disability was allergies. Prior to trial, the defendant offered nothing. Mr. Zavitsanos recovered a significant amount after the close of the evidence, but before the jury returned its verdict.
In 1998, Mr. Zavitsanos tried what is believed to be the first same sex harassment case to verdict in the United States. Mr. Zavitsanos' client recovered over $1,000,000 in damages and fees in this landmark case. Mota v. University of Houston Health Science Center, 261 F.3d 512 (5th Cir. 2001).
In 1997, two weeks prior to trial, Mr. Zavitsanos was brought in to defend a significant sexual harassment case against a well-known rap music label. The case was followed within the music industry because the plaintiff's assertions included an allegation that the explicit lyrics of the music produced by this record label were played throughout their corporate offices and were part of the sexually hostile work environment. A number of prominent executives within the music industry testified during this trial. Following a two-week trial, the jury deliberated less than forty-five minutes in delivering a verdict in favor of the record company. One interesting sidelight is that Mr. Zavitsanos was able to strike over 70 potential jurors for cause during jury selection.
In 1997, Mr. Zavitsanos defended a Fortune 100 chemical company in a multimillion-dollar toxic exposure case. The plaintiff claimed that he was completely disabled due to being exposed to toxic substances. The plaintiff's "bottom line" settlement demand was over $4,000,000. The case went to trial and, following the cross examination of the plaintiff by Mr. Zavitsanos, the case settled for a small fraction of the plaintiff's final demand and the amount that Mr. Zavitsanos had offered more than 18 months previously.
In 1996, Mr. Zavitsanos was the lead trial lawyer on behalf of seven police officers who filed suit alleging that they were terminated because of their political expression. The case was followed nationally by a number of police organizations and, following a successful appeal; it is now considered one of the leading decisions in this area of the law. Brady v. Fort Bend County, 145 F.3d 691 (5th Cir. 1998).
In 1995, Mr. Zavitsanos represented an oil and gas limited partnership that was a defendant in a suit involving allegations of fraud and breach of fiduciary duty. The plaintiff sought $8 million in damages against Mr. Zavitsanos' client and several other defendants. Following a lengthy jury trial, Mr. Zavitsanos' client was exonerated on all counts, even though the other defendants were found liable.

Mr. Zavitsanos’ fast paced trial practice has not stopped him from finding time to serve his community. He is a member of the Archdiocesan Council of the Greek Orthodox Church of America, as well as a member of the executive committee of the Order of St. Andrew (the Greek Orthodox equivalent to the Knights of Columbus of the Catholic Church). He has served as a board member of the Houston Lawyer Referral Service and has worked on a number of pro bono cases over the years, including working on a prisoner abuse case that involved (at that time) one of the largest settlements with the state of Texas in Texas history for a single plaintiff. Mr. Zavitsanos was recognized as an Archon of the Ecumenical Patriarchate of the Greek Orthodox Church in 2004. An Archon is the highest honor that can be bestowed upon a member of the laity within the worldwide Greek Orthodox Church. There are less than 750 Archons in the United States. Mr. Zavitsanos is also a board member of the Menil Art Museum in Houston. Mr. Zavitsanos has been married for over 20 years and has four children.

Prior to forming the Firm in 1993 with Joseph Ahmad, Mr. Zavitsanos was with the Houston office of Baker & Botts, L.L.P. in their trial department. While at Baker Botts, Mr. Zavitsanos tried many cases and obtained a verdict in excess of $1 million as lead trial counsel during only his third year of practice.

EDUCATION

Loyola University of Chicago (B.S., magna cum laude, 1984)
University of Michigan (J.D., 1987)

HONORS & DISTINCTIONS

Board Certified, Civil Trial Advocacy Specialist by the National Board of Trial Advocacy
Board Certified, Civil Trial Law, Texas Board of Legal Specialization
Who’s Who in American Law
Million Dollar Advocate Forum
The Best Lawyers in America, 2006-2010
Texas Super Lawyer, 2003 – 2010, Texas Monthly
Outstanding Lawyers of America, 2003 – present
Houston Areas Top Lawyers – H Texas Magazine, 2004, 2005
College of the State Bar of Texas, 2005
Top 100 Regional Business Litigators, Texas Monthly Magazine, 2005-2010

PROFESSIONAL AFFILIATIONS

State Bar of Texas (Sections in Litigation; Labor)
Admitted in all state and federal trial and appellate courts in Texas
Admitted to United States Supreme Court
Admitted to the federal District Court of Colorado
Houston Bar Association
Texas Trial Lawyers Association
Houston Trial Lawyers Association
Fellow, Houston Bar Foundation
Fellow, Texas Bar Foundation
American Inns of Court

REPORTED CASES

In re Seiscom Delta, Inc., 857 F.2d 279 (5th Cir. 1988)
Gulf Coast Inv. Corp. v. NASA 1 Business Center, 754 S.W.2d 152 (Tex. 1988)
Brady v. Fort Bend County, 145 F.3d 691 (5th Cir. 1998)
Redwine v. AAA Life Ins. Co., 852 S.W.2d 10 (Tex. App. – Dallas 1993, no writ)
Evans v. United Air Lines, 986 F.2d 942 (5th Cir. 1993)
LaBella v. Mercedes-Benz of North America, 942 S.W.2d 127 (Tex. App. – Amarillo, 1997, writ denied)
Thompson v. City of Galveston, 979 F.Supp. 504 (S.D. Tex. 1997)
Metropolitan Life Insurance Co. v. Haney, 987 S.W.2d 236 (Tex. App. – Houston [14th Dist] 1999, pet. denied)
Texas Dept. of Public Safety v. Randle, 31 S.W.3d 786 (Tex. App. – Houston [1st Dist.] 2001, no pet.)
Mota v. University of Texas Houston Health Science Center, 261 F.3d 512 (5th Cir. 2001)
Pratt v. City of Houston, 247 F.3d 601 (5th Cir. 2001)
National Union Fire Insurance Co. v. Willis, 296 F.3d 336 (5th Cir. 2002)
Jones v. Star Motor Cars, 45 S.W.3d 350 (Tex. App. – Houston [1st Dist.] 2001, no pet.)
Livesay v. Wellogix, Inc., 2003 WL 139730 (Tex. App. – Houston [1st Dist.] 2003)
In re: Wheat, 2002 WL 31320095 (Tex. App. – Houston [1st Dist.] 2002)
Comsys Information Technology Svc. Inc. v. Twin City Fire Ins. Co., 130 S.W.3d 181 (Tex. App. – Houston [14th Dist.] 2003)
In re: KPMG, 2005 WL 66475 (Tex. App. – Houston [14th Dist.] 2005)
Recognition Communication, Inc. v. American Automobile Ass’n., 154 S.W.3d 878 (Tex. App. – Dallas 2005)

PUBLICATIONS, PAPERS AND CLE PRESENTATIONS

Mr. Zavitsanos has prepared the following written materials and made presentations at the following seminars:

Jury Selection and Voir Dire, Including Batson Challenges, Employment Law Seminar, December 1998
Asserting, Contesting and Preserving Privileges Under the New Rules, University of Houston Law Foundation - Advanced Civil Discovery Under the New Rules, June 2000
Punitive Damages - Phase II, University of Houston Law Center - Litigation and Trial Tactics, December 2000
Preparing Your Witness for Deposition and Trial, University of Houston Law Foundation, June 2002
Credibility and Impeachment: Fundamentals of Direct and Cross- Examination, University of Houston Law Foundation - How to Offer and Exclude Evidence, September 2002
Presuit Discovery and Discovery from Third Parties, University of Houston Law Foundation - Advanced Civil Discovery Under the New Rules, June 2003.
Issues in Texas Law Class Actions-v-mass Actions: Strategic and Legal Considerations, University of Houston Law Foundation - Advanced Personal Injury and Insurance Law, June 2003.
Witness Credibility - How To Prepare, Achieve, And Destroy It, Lorman Education Services, September 2004
Preparing Your Witness for Deposition and Trial, Houston Bar Association, November 2004
Types of Claims and Their Values, Houston Bar Association, September 2005
Preparing Your Witness for Deposition and Trial, Houston Bar Association, March 2006
Witness Credibility - How To Prepare, Achieve, And Destroy It; Lorman Education Services, June 2006
Credibility and Impeachment - University of Houston Law Foundation; Advanced Evidence and Discovery, November 2007

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***Mr. Zavitsanos is board certified in civil trial law by the Texas Board of Legal Specialization.