Kendyl T. Hanks

Kendyl has represented clients in trial and on appeal in a wide variety of cases involving complex business and commercial disputes, bankruptcy adversary and confirmation proceedings, business tort claims and defenses, proportionate and contributory fault, real estate disputes, governmental immunity, tax law, fraud, fiduciary duty, alter ego and fraudulent transfer claims, constitutional law, jurisdictional issues, tribal sovereignty, and other complex or untested issues of law.

Kendyl joined Susman Godfrey's New York office in January, 2012 from Haynes and Boone LLP, where she was a partner in the firm's New York litigation practice group. A native Texan, Kendyl graduated cum laude from Princeton University and attended the University of Texas School of Law, where she served as a Notes Editor on the Texas Law Review, was inducted as a national member of the Order of Barristers for excellence and high honor through the art of courtroom advocacy, and received the Peregrinus Consul Award for significant contributions to the Law School. Kendyl has been recognized by Super Lawyers Magazine as a "Rising Star" in both Texas and New York, and in 2011 was elected to the American Law Institute, which is considered to be one of the highest honors in the legal profession. She currently serves as the Co-Chair of the Princeton Women’s Association of New York City.

Kendyl was elected to serve as one of the youngest members of the American Bar Association Board of Governors and House of Delegates for the 2009-2012 term. She is also active in the ABA Young Lawyers Division and the ABA Section of Business Law, in which she chairs an appellate subcommittee, and serves on the New York State Bar Association’s Committee on Courts of Appellate Jurisdiction. Kendyl is a frequent author and speaker around the country on issues related to tort and fiduciary duty issues, litigation practice in the trial and appellate courts, developments in the United States Supreme Court, diversity in the legal profession, and associate development.

Princeton University, cum laude (B.A. Politics, 1997)

University of Texas School of Law (J.D. 2001)

• Texas Law Review, Notes Editor
• National Order of Barristers (awarded to top ten advocates of each graduating class)
• Peregrinus Consul Award, 2001 (awarded for significant contributions to the Law School through extracurricular activies, scholarship, initiative, personality, responsibility, and integrity)
• Judge Thomas Gibbs Gee Endowed Presidential Scholarship in Law
• ABA Moot Court Competition, National Finalist, 2nd Best Brief, and 3rd Best Oralist 2001 (out of over 130 teams nationwide)
• Susman Godfrey Moot Court Competition, 2001 Champion, Best Brief, Best Oralist

In 2000, Kendyl served as a judicial intern in the chambers of Texas Supreme Court Justice Greg Abbott, who now serves as the Texas Attorney General.

• Elected to the Membership of the American Law Institute (March, 2011).

• Named a “Rising Star” in the Super Lawyers New York Metro Edition (2011).

• Elected as a Fellow of the American Bar Foundation (2008) and a Fellow of the New York State Bar Foundation (2011).

• Named a “Rising Star” in the practice of appellate law by Texas Monthly’s Texas Super Lawyer—Rising Stars Edition (2005 and 2006), and named one of the “Best Lawyers in Dallas Under 40” by D Magazine (May, 2006).

• Travis County Women Lawyers Association Pro Bono Award (2004).

• Texas Young Lawyers Association President’s Award of Merit (2006 and 2007).

• Lifetime Member of Cambridge Who’s Who Registry of Executives, Professionals and Entrepreneurs.

• Moderator and Panelist, “The Business Case for Diversity,” to be presented to the ABA New Partner and In-House Counsel Conference, March 3, 2012, Philadelphia, PA.

• Author, Appellate Practice Chapter of ABA Section of Business Law’s Annual Review of Litigation (to be published April, 2012).

• Chair, Author and Moderator, “A Tour of the Ivory Tower: Developments in the United States Supreme Court for Business Lawyers and Their Clients,” Presented to the Section of Business Law, November 18, 2011, Washington, D.C.

• Co-Author, Appellate Practice Chapter of ABA Section of Business Law’s Annual Review of Litigation (2011).

• Co-Author, “Marketing from a Young Partner’s Perspective,” published in Marketing the Law Firm (part of Law Journal Newsletters), Vol. 26, No. 11 (March, 2011).

• Moderator and Panelist, “The Economics of Partnership,” presented to the ABA New Partner and In-House Counsel Conference, February 26, 2011, Philadelphia, PA.

• Moderator and Panelist, “Understanding and Promoting Diversity,” presented to the ABA New Partner and In-House Counsel Conference, February 26, 2011, Philadelphia, PA.

• Co-Author, “Pay-for-Delay” Settlements: Antitrust Violation or Proper Exercise of Pharmaceutical Patent Rights?,” to be published in the February, 2011 issue of the ABA’s Business Law Today.

• Moderator, “Oyez! Oyez! Oyez! – Significant Supreme Court Trends and Decisions for Business Lawyers and Their Clients,” presented to the ABA Section of Business Law, Fall Meeting, November 19, 2010, Washington, D.C.

• Author and Speaker, “Motion Practice and Preserving Issues for Appeal,” Presented at the “How To” of Successful Motions Practice program, New York City Bar Association, April 15, 2010.

• Author and Presenter, “Fiduciary Duties in Troubled Times,” presented to the New York State Bar Association Young Lawyers Section (January 27, 2010).

• Co-Author, “Supreme Court Update: Decisions from 2009,” Business Law Today, Vol. 19, No. 1 (September/October 2009).
  

• Moderator, “The Expanding Role of Fiduciary Duties in Challenging Times,” Presented to the American Bar Association, Section of Business Law Annual Meeting (Chicago, August 1, 2009).
  

• Presenter, “Raising the Pleadings Bar – How Much has the Supreme Court Changed the Landscape for Business Litigation?,” presented to the ABA Section of Business Law (Dallas, April 11, 2008).
  

• Chair and Moderator, “Wingman or Backseat Driver: Retaining Appellate Counsel to Maximize “Mission Critical” Business Litigation Strategies,” ABA Section of Business Law Committee Meeting, Washington, D.C., (November 16, 2007).
  

• Author, “U.S. Supreme Court Update: Philip Morris v. Williams—Further Defining the Constitutional Limits on Punitive Damages; and Massachusetts v. Environmental Protection Agency—The Supreme Court Faces an Inconvenient Truth?,” Texas Young Lawyers Association eNews (May 2007).

• Chair, Author and Moderator, “A Tour of The Ivory Tower: Developments in the United States Supreme Court That Every Business Lawyer (and Client) Should Know About,” ABA Section of Business Law, Business and Commercial Litigation Committee, Appellate Subcommittee Forum, Washington, D.C., (March 16, 2007).

• Author and Presenter, “Enforcing Forum Selection Clauses in Federal Court,” Presented to the Federal Bar Association, Dallas, March 10, 2005, and the Dallas Bar Association Business Litigation Section, July 12, 2005.

Kendyl is admitted to practice in Texas and New York, and is also admitted to practice in the United States Supreme Court, the United States Courts of Appeals for the Second Fifth, Sixth, Ninth and Tenth Circuits, and in the federal district courts in New York and Texas.

Kendyl is actively involved in the leadership of the American Bar Association, where she serves as one of the youngest members of the Board of Governors, and sits on the Board’s Finance Committee, which is responsible for governing the ABA’s approximately $200 million annual budget. She is also a member of the ABA House of Delegates. Kendyl serves as Co-Chair of the Appellate Litigation Subcommittee in the ABA Section of Business Law, through which she frequently writes articles and presents programs on business law developments in the United States Supreme Court.

Kendyl also serves as a member of the New York State Bar Association House of Delegates, and was appointed by the President of the NYSBA to serve on the Committee on Courts of Appellate Jurisdiction.

Ms. Hanks’s significant representations include:

• Lead counsel in a test case involving the authority of the State of Oklahoma to regulate cockfighting activities on tribal land, and raising novel issues about sovereignty and conflicting jurisdiction between tribal, state, and federal courts. Turner v. McGee, No. 10-631, pending in the United States Court of Appeals for the Tenth Circuit.

• In a closely-watched multi-billion dollar Chapter 11 restructuring of a copper mining company labeled by the district court as “one of the most successful bankruptcy proceedings in recent history,” litigated issues pertaining to settlement of claims and confirmation of full-payment plan proposed by parent company and sole equity holder, and denial of confirmation of competing plan proposed by the debtor. Responsible for briefing novel legal issues concerning collective bargaining agreement and a poison-pill “successorship clause” with labor unions. In re ASARCO LLC, Chapter 11 Case No. 05-21207, pending in the United States Bankruptcy Court for the Southern District of Texas, Corpus Christi Division; confirmed, Case No. 2:09-CV-00177, in the U.S. District Court for the Southern District of Texas, Brownsville Division.

• Won rehearing in appeal on behalf of estate in fraud and undue influence action concerning tens of millions of dollars in real estate holdings in Manhattan owned by decedent who suffered from Alztheimer’s. Kramer v. Danalis, Index No. 101978/2005, in the Supreme Court of the State of New York, Appellate Division: First Department.

• Represented copper mining company in adversary proceeding between parent company and wholly-owned, “disregarded” entity over ownership of a $50 million tax refund, liability for over $100 million in post-petition federal income taxes owed under tax sharing agreement, and liability for taxes attributable to $600 million deferred intercompany gain. ASARCO LLC v. Americas Mining Corp. (In re ASARCO LLC), Adversary No. 07-02011, in the Bankruptcy Court for the S.D. Tex., Corpus Christi Div.

• Member of trial team defending Mexican copper mining company claims in multi-billion fraudulent transfer, fiduciary duty, conspiracy and aiding and abetting case. Responsible for contested legal issues and legal questions of first impression, and preservation of error in anticipation of appeal. Successfully defended claims for breach of fiduciary duty and constructive fraudulent transfer on legal grounds. ASARCO LLC v. Americas Mining Corp., No. 1:07-cv-00018, in the S.D. Tex., Brownsville Div. (judgment issued on fraudulent transfer, aiding and abetting and conspiracy, ASARCO LLC v. Americas Mining Corp., 396 B.R. 278, 421 (S.D. Tex. 2008)).

• On behalf of Newfield Exploration Co., assisted bankruptcy team with legal analysis and briefing in an adversary proceeding involving a dispute between competing bidders seeking to purchase of assets from TXCO Resources Inc., a San Antonio-based oil and natural gas exploration and development company. Newfield and Anadarko Petroleum Company purchased substantially all the assets of TXCO for $310 million pursuant to an order of the United States Bankruptcy Court for the Western District of Texas.

• Over the course of seven years, successfully represented a major healthcare system in securing dismissal of tort claims against hospital on the basis of sovereign immunity and provisions of the Texas Tort Claims Act, and defending constitutional challenges to tort reform measures designating client as a governmental unit. Garcia v. Baylor Irving, et al, DC-10-02152, in the 289th Judicial District Court, Dallas County, Texas; Grimaldo v. Baylor Irving, et al., Cause No. CC-0900690-A, in the County Court at Law No. 1, Dallas County, Texas; Jordan v. Baylor Irving, et al., Cause No. 09-01617-J, in the 191st Judicial District Court of Dallas County, Texas; Wilson v. Baylor Irving, et al., No. 07-01018-E, in the 101st Judicial District Court of Dallas County, Texas; Wilson v. Baylor Irving, et al., Cause No. 08-12603, in the 162nd Judicial District Court of Dallas County, Texas; Kent v. Baylor Medical Center Irving, No. 04-08723-D, in the 95th Judicial District Court of Dallas County, Texas.

• In significant product liability case, assisted Kentucky trial team with preparation of expert witnesses, pre- and post-trial legal briefing, jury charge and preservation of error on issues pertaining to damages. Following eight-week trial, obtained an approximately $170 million verdict in client’s favor. CTA Acoustics v. Borden Chemical, No. 03-CI-00824, in the 27th Judicial District Court, Lauren County Circuit Court, Division II, Commonwealth of Kentucky (favorable settlement following jury verdict).

• Successfully represented major healthcare client in the Fifth Circuit in a case involving a question of first impression – whether the Medicare Act and the Federal Employees Health Benefits Act preempted a state lawsuit concerning insurance reimbursement contracts between private parties, warranting removal to federal court under the doctrine of preemption. Coordinated with the U.S. Department of Justice, which submitted an amicus brief favorable to client’s position. Tenet Healthcare Corp. v. Texas Health Choice, No. 3:02-CV-1940-N in the United States Federal District Court for the Northern District of Texas; No. 03-10545, in the United States Court of Appeals for the Fifth Circuit (favorable settlement reached prior to resolution on appeal).

• First chair of successful jury trial involving contract, fraudulent inducement, statutory fraud and DTPA claims arising out of a real estate transaction. Representing clients at all stages of the lawsuit (including a parallel probate proceeding), including jury charge submissions and judgment formation. Defended constitutional challenges to applicable Texas Property Code consumer protection provisions. Coordinated with Texas Attorney General’s Office, which intervened to address constitutional challenges. Successfully defended against defendant’s mandamus after trial. Torres, et al. v. Gonzales, No. GN-201732, in the 126th Judicial District of Travis County, Texas (favorable final judgment 11/13/2003).