Industry-Specific Biographies Education - Marquette University, B.A., 1992, History Minor in Philosophy and Political Science, National Honors: Phi Alpha Theta – for History
- Southern Methodist University School of Law, J.D., 1996
Bar Admissions - Texas, 2000
- United States Supreme Court
- United States Court of Appeals Fifth Circuit
- United States District Court Northern, Eastern and Southern District of Texas
|  | Dallas 700 North Pearl Street Twenty-Fifth Floor - Plaza of the Americas Dallas, Texas 75201 214-871-8208 direct | 214-871-8209 fax | Assistant: Shanan Flynn-Ghaffar 214-880-2650 direct sflynn@thompsoncoe.com |
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Overview Kai Hecker focuses his practice on advising and defending professionals. He has represented a range of individuals and companies, including lawyers, healthcare providers, real estate agents & brokers, accountants, architects, engineers, oil & gas landmen, and insurance agents & brokers. He advises professionals with the goal of avoiding future disputes or litigation. This advice includes the professional’s ethical & professional responsibilities, information/cyber security obligations, internal best practices, and their business transactions and contracts. He has spoken on these topics nation-wide. He defends professionals with the goal of obtaining a successful early resolution so they can get back to helping their clients. He has resolved matters involving professional liability/malpractice, ethics violations & grievances, and traditional business disputes pre-suit, at arbitration, at mediation, and through litigation in Texas state and federal courts. |
Representative Experience
- Obtained summary judgment for national plaintiff’s lawyer accused of malpractice in high profile MDL litigation. Judgment affirmed on appeal.
- Obtained pre-discovery summary judgment for real estate agents against multi-million dollar federal fraudulent inducement claim. Briefed and argued at USCA Fifth Circuit; judgment affirmed.
- Resolved malpractice claim against national law firm brought by international conglomerate involving the purchase price calculation in asset purchase agreements for several oil and gas pipelines.
- Advised accounting firm during trial on malpractice and breach of fiduciary duty claims related to failed out-of-state insurance company. Accounting firm found not liable.
- Case non-suited by plaintiff after summary judgment hearing in legal malpractice case involving non-subscriber worker’s compensation claim.
- Defeated defense counsel’s eve-of-trial attempt to disqualify plaintiff’s counsel in federal court discrimination lawsuit.
- Represented numerous lawyers in grievance proceedings before the State Bar of Texas.
- Advised numerous lawyers on best ethical practices to comply with the Texas Disciplinary Rules of Professional Conduct in novel situations.
- Defended directors and officers in various industries from bankruptcy Trustee adversary proceedings involving fraudulent transfers, profit claw backs, and other allegations.
- Represented architects and engineers in state, national, and international transactions.
- Advised healthcare providers and revised their business associate agreements, notices of privacy practices, and training materials to be HIPAA/HITECH compliant.
- Advised law firms in several states on best practices for safeguarding PII and PHI under HIPAA/HITECH, the Texas Identify Theft Enforcement & Prevention Act (Chapter 521), the Texas medical records privacy statute (Chapter 181), the relevant Disciplinary Rules of Professional Conduct, and their state cyber security statutes.
- Represented corporations and individuals in temporary injunction hearings to prevent the loss of trade secrets – including information on LinkedIn – or to enforce non-compete, non-solicitation, and confidentiality employment agreements.
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Professional and Community Activities
- SMU Adjunct Professor for Undergraduate Mock Trial (2013 – current)
- Vice President Dallas Chapter of Claims & Litigation Management (CLM) (2012 – 2015); current member.
- Secretary Dallas Chapter – Armed Forces Communications and Electronics Association (AFCEA) (2011 – 2015); current member.
- State Bar of Texas
- Dallas Bar Association
- Bar Association of the Fifth Federal Circuit
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Speeches and Presentations
- Ethics & Information Security: You may be disbarred for storing confidential information paper and presentation at select law firms (June/July 2015).
- Cyber Liability – Where are we and where are we headed? Legislation, Litigation, and Crisis Management, paper and panel presentation at the Professional Liability Attorney Network (PLAN) New York regional meeting (June 2014).
- HIPAA Loves You – Final Rules, paper and presentation at Texas Association of Non-Subscribers (TXANS) Annual Conference (May 2013).
- The Exceptions Don’t Matter – Data Security, paper and presentation at Texas Association of Non-Subscribers (TXANS) Annual Conference (May 2013).
- Surprise: You may be Fined for Storing Information about an Insured, paper and presentation at Claims & Litigation Management (CLM) conference (November 2012).
- Press <Enter> to Bankrupt Your Company, paper and presentation at Professional Liability Underwriting Society (PLUS) conferences (September 2012).
- Electronic Discovery and Cyber Liability, paper and presentation at the annual “Risk Management” continuing legal education seminar (November 2011).
- Cyber Notification Liability, paper and panel presentation at the Southwest Chapter Professional Liability Underwriting Society (PLUS) annual “Insuring the Information Age” seminar (October 2011).
- Invoicing and Collecting for Your Services, paper and presentation at the Collin County Bar Association’s annual “Making your Practice Work” continuing legal education seminar (March 2011).
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