Biography

Hillary is a persuasive litigation team leader backed by extensive results and practice-area expertise spanning: employment, commercial, professional liability, product liability, premises liability, and oil and gas. Passionate representation of clients in complex legal matters in both state and federal courts. Proven success achieving summary judgment dismissals, advantageous settlements and favorable verdicts.

Hillary is creative and forward-thinking, willing to investigate a range of options before settling on a strategy that she feels best suits her client’s needs. Mindful of the opposing side’s motivations and weak points, she is open to economical settlements to avoid potentially expensive litigation, as long as it is on favorable terms that yield cost savings to her client.

A seven-time marathoner, Hillary is formidable when it comes to knowing the law and performing in the courtroom. However, she has the ability to reason with opposing counsel in order to eliminate unnecessary courtroom appearances and save her client legal fees.

Representative Experience

Hillary is innovative and draws from a well of experience in litigation spanning commercial disputes and employment matters for both defendants and plaintiffs.

Hillary’s employment litigation experience includes cases concerning: alleged violations of various employment statutes, including the Fair Labor Standards Act (FLSA), the Family Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), Title VII, and the Texas Labor Code.

She has won numerous dispositive motions in both state and federal courts representing the following diverse client base: social media dating app; product manufacturers; commercial landlord; title company; attorney and law firm; accountants; owners of retail premises and petrochemical premises.

Other representative matters include:

Multiple dismissals of claims in favor of social media/dating app client by leveraging both the Federal Communications Decency Act and the Texas Citizens Participation Act to effectively defeat all claims within two to four weeks of filing Motions to Dismiss.

  • Developed and implemented strategic federal litigation plan in defense of claims by telecom giant for conspiracy, tortious interference, RICO and Lanham Act violations against client and distributor of smartphones.
  • Prosecution of oil and gas trespass to try title action resulting in expedient release of title claim.
  • Developed and implemented strategic litigation plan in defamation action involving a political candidate and successfully defeated a Motion to Dismiss under the Texas Citizens Participation Act, which was upheld on appeal. Minett v. Snowden, 05-18-00003-CV, 2018 WL 2929339 (Tex. App.—Dallas June 12, 2018, pet. denied).
  • $160,000 final judgment at the summary judgment stage for a large, regional commercial real estate owner in dispute over the interpretation of lease terms and successfully persuaded the Fifth District Court of Appeals to affirm the summary judgment. Spy, Inc. v. SC Legacy Indep., Ltd., 05-15-00763-CV, 2016 WL 3381920 (Tex. App.—Dallas June 16, 2016), reh’g overruled (July 14, 2016).
  • Appellate affirmation of Motion for Summary Judgment in premises liability case including preparation of both the motion and appellee’s brief. Gomez v. Saratoga Homes, 08-14-00320-CV, 2017 WL 1164590 (Tex. App.—El Paso Mar. 29, 2017, no. pet. h.).
  • Appellate reversal in favor of out-of-state client’s Special Appearance including preparation of both the motion and appellee’s brief. Priller v. Cox, 05-15-01257-CV, 2016 WL 7163918 (Tex. App.—Dallas Nov. 15, 2016, no pet.).
  • Successful grant of a federal 12(b)(6) Motion to Dismiss in a case alleging accounting malpractice.
  • Defense verdict as First Chair trial counsel in JP Court for a large retail store chain in a premises liability case.
  • Defense verdict as Second Chair trial counsel for: breach of contract, breach of implied warranty, fraud, negligent misrepresentation and DTPA actions, including obtaining a counter-claim of $105,000 for attorney's fees. Diamond Diversified Invs. v. McClain's RV Superstore N. Dallas, 2009 WL 7310089 ( Tex.Dist.) (Verdict and Settlement Summary).

Education

  • Southern Methodist University School of Law  (J.D., 2006)
    • National Moot Court Competition and ABA National Appellate Advocacy Competition, Regional Finalist & Best Brief Award
    • Computer Law Review & Technology Journal, Articles Editor
    • Honor Council
  • Miami University  (B.A., 2001)
    • History and Political Science
    • cum laude
    • Miami University Student Disciplinary Board
    • Kappa Kappa Gamma, Vice President of Standards & Risk Management Chair

Bar Admissions

  • Texas, 2006
  • Ohio, 2009

Court Admissions

  • United States District Court, Northern, Southern, Western and Eastern Districts of Texas

Professional and Community Activities

  • Board Chair of the Non-Profit First3Years (2014 to Present)
  • Attorneys Serving the Community, Heart & Sole 5k Committee (2017 to Present)
  • 7-time marathoner completing marathons in: Fort Worth, Chicago (twice), Berlin, Cincinnati (twice) and New York City.
  • University Park Preschool Association “UPPA” ( 2017 to Present)

Speeches and Presentations

• As Chair of the Board of the First3Years, Hillary spoke at the annual Stewardship Luncheon recognizing donors and volunteers for their service. She also presented an award to friends and board members, Anne and Mike Duffy.

Professional Recognition

Published Cases:

  • Gomez v. Saratoga Homes, 08-14-00320-CV, 2017 WL 1164590 (Tex. App.—El Paso Mar. 29, 2017, no. pet. h.).
  • Priller v. Cox, 05-15-01257-CV, 2016 WL 7163918 (Tex. App.—Dallas Nov. 15, 2016, no pet.).
  • Spy, Inc. v. SC Legacy Indep., Ltd., 05-15-00763-CV, 2016 WL 3381920 (Tex. App.—Dallas June 16, 2016), reh’g overruled (July 14, 2016).