John Zavitsanos is a widely regarded trial lawyer who loves trying cases and loves winning. He has achieved success for a multitude of clients – both defendants and plaintiffs, from big energy companies to lone whistleblowers battling the odds.
He has tried more than 75 cases to verdict in litigation that runs the gamut: financial services, oil and gas, construction, complex commercial disputes, director and officer liability, noncompete and trade secret disputes, and catastrophic personal injury.
Using his own cutting-edge courtroom research, he knows what works with juries. And his willingness – delight, actually – at trying a case with confidence has impressed numerous heavyweight clients. As one happy customer put it, “I find that many large law firms are willing to capitulate too quickly and pressure me to settle too soon.” He said he knows that Mr. Zavitsanos is “serious about going to trial.”
Mr. Zavitsanos’ considerable talents have been recognized by every possible legal rating service. For 10 consecutive years, he’s been listed by Best Lawyers in America. He’s recognized for his General Commercial Litigation work in Texas by the highly respected Chambers USA: America’s Leading Lawyers for Business, published by London-based Chambers and Partners.
He has achieved the highest possible peer rating, AV Pre-eminent, by Martindale-Hubble, the premier legal directory, for his Business Litigation practice. He’s been named one of the top 100 Texas Lawyers on the annual Texas Super Lawyers list for the past five years. And he is board certified in civil trial law by both the Texas Board of Legal Specialization and the National Board of Trial Advocacy, an accomplishment held by less than 2 percent of all practicing lawyers in the state of Texas.
Mr. Zavitsanos co-founded the firm with Joe Ahmad in 1993 in a creaky building with a leaky roof. From that beginning, they built a firm that in 2014 was dubbed a “Texas Powerhouse” by the national online legal publication Law360.
In growing his firm to more than 30 lawyers, Mr. Zavitsanos has hired carefully. Many on his hardworking team are self-made people who had to work their way through school – backgrounds similar to his own.
Early on, it was clear that Mr. Zavitsanos would be a trailblazer. In 1998, he tried to verdict what is believed to be the first same sex harassment case, recovering more than $1 million in damages and fees for his client. In 2002, he won a complex business tort involving 1,000 exhibits that he managed to turn into a “paperless” trial by using the latest technology.
Since then, the firm has stacked up increasingly bigger wins in disputes involving hundreds of millions or billions of dollars. A particularly tangible example of the firm’s success came in 2009 when the general counsel of National Oilwell Varco, a company that had lost a trial to Zavitsanos a year earlier, hired the firm. “It was the first and only time I’ve ever hired a law firm that had beaten us in court,” the GC said.
These are some of the results of Mr. Zavitsanos’ cases:
- In 2014, Enterprise Products Operating LLC hired Mr. Zavitsanos in a $45 million pipeline case when it became clear this case was going to trial. He and AZA replaced a BigLaw firm. He immediately shifted the pre-trial strategy to focus on destroying the defenses arising out of the failed construction of underground pipelines designed to carry gasoline and other products. AZA will take this case to trial and expects to force defendants to compensate its client for repair costs.
- In 2014, Mr. Zavitsanos and partner Elizabeth Fletcher won a take-nothing verdict from a Harris County jury for a Houston businesswoman, defeating multi-million dollar claims that she had received money from allegedly fraudulent commercial property sales.
- In 2013, Mr. Zavitsanos represented Plains All American Pipeline in a pipeline dispute with BP Oil Pipeline Company in which BP had obtained summary judgment against Plains before AZA got involved in the case. With colleague Lizzie Fletcher, Mr. Zavitsanos petitioned for reconsideration, got the summary judgment reversed, and won summary judgment for Plains, obtaining substantial attorneys’ fees for Plains for defending the lawsuit.
- In 2013, Mr. Zavitsanos prevailed for a client with $115 million at stake in an energy sector lawsuit filed by more than 100 oil and gas producers. He represented Plains All American Pipeline after SemCrude, a major midstream oil and gas company, filed for bankruptcy in 2008 without paying the oil and gas producers who sold to SemCrude in the preceding months. AZA participated in over 225 depositions in the case and convinced a key opponent to drop out just before a summary judgment hearing.
- In 2012, Mr. Zavitsanos with partner Todd Mensing and firm attorneys Elizabeth Pannill Fletcher and Jane Robinson, garnered a defense win for Mistras Group Inc. in federal court by not only beating a competing company that sought $8 million in damages and was awarded nothing, but by also getting the trademark at issue dissolved. AZA lawyers won over both the judge and jury. It was the judge who granted Mistras the win on the $8 million trademark claim and the jury that found the mark was generic or descriptive.
- In 2011, Mr. Zavitsanos and Elizabeth Pannill Fletcher secured a defense verdict for Mistras Group Inc. following a trade secret case that included an award of $750,000 in attorneys’ fees. Mistras, a New Jersey-based company that assesses the safety of large corporate and infrastructure components such as refineries and bridges, was wrongly accused by Texas-based Sentinel Integrity Solutions of interfering with an employment agreement and obtaining confidential information when it hired a former Sentinel employee. According to Texas Lawyer’s verdict list, this was the fourth largest defense win in Texas in 2011.
- In 2011, Mr. Zavitsanos, along with Todd Mensing of the Firm, represented a man defamed by The Fort Bend Star and a reporter at the paper and won both in an interlocutory appeal and a jury verdict. In this case the Houston Court of Appeals unanimously affirmed the trial court’s denial of the Fort Bend Star’s Motion for Summary Judgment and rejected the Star’s argument that Texas should expand the “limited purpose public figure” doctrine. The jury later returned a remarkable $1.1 million verdict for the client over an article that made false allegations about his behavior and falsely claimed his father, a law enforcement officer, covered for him.
- 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 Oil Well 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 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 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.
- 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, 2006-2015
- Leader in Texas General Commercial Litigation in the 2014 and 2015 editions of Chambers USA: America’s Leading Lawyers for Business
- Texas Super Lawyers, 2003 – 2014
- Top 100 Texas Lawyers, 2011-2014
- Top 100 Regional Business Litigators, 2007-2014
- Outstanding Lawyers of America, 2003 – present
- Who’s Who in Energy, 2011-2014
- Houston Areas Top Lawyers – H Texas magazine, 2004, 2005
- College of the State Bar of Texas, 2005
- Top Rated Lawyers®-AV® Preeminent in Intellectual Property Law, 2012
- 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
- 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)
- Klentzman v. Brady, 2009 WL5174369 (Tex. App–Houston [1st Dist.], December 31, 2009).
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.
- 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
- “Cross Examination,” University of Houston Law Foundation, Civil Litigation, February 2008
- “Lessons Learned from Trying a Breach of Fiduciary Case,” Houston Bar Association, Litigation Section, December 2008
- “Witness Credibility at Depositions and Trial – Do’s and Don’ts,” State Bar of Texas – Texas Minority Counsel Program, 18th Annual Conference, September 2010
- “Witness Credibility in Trial and Depositions,” Texas Lawyer’s In-House Counsel Summit, April 2014, November 2013, May 2012
- “Punitive Damages in Commercial Litigation: Pursuing and Defending Claims – Leveraging Pretrial Motions, Discovery and Trial Strategies, Navigating Constitutional Restraints” webinar, Strafford Publications Inc., April 2014