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Gary E. Zausmer // Member
p: 512-615-1223 | f: 512-615-1198 | gzausmer@enochkever.com

Gary Zausmer

Gary Zausmer’s litigation career includes over 30 years of experience in representing clients in contract, fraud, misrepresentation, fiduciary duty, misappropriation of trade secret, unfair competition, interference with contracts and business relationships, business tort, technology, lender, employment, class action, real estate, energy, environmental, regulatory, and insurance disputes. Gary’s trial, arbitration, and appellate record includes the defense, prosecution and favorable disposition of contract and tort cases in state and federal courts, including published decisions in favor of his clients. Gary’s practice also involves providing counsel to in-house counsel and clients in developing litigation success and litigation avoidance strategies.

At the outset of his legal career, Mr. Zausmer served as the inaugural law clerk to U.S. District Judge James R. Nowlin (Western District of Texas, Austin Division); and as a law clerk to U.S. District Judge Hipolito “Hippo” F. Garcia (Western District of Texas, San Antonio Division), following his serving as a Chief of Staff and Committee Counsel in the Texas House of Representatives.

Representative Experience

Technology, Privacy, Data Breach and Trade Secret

  • Representation of public technology company headquartered in California in defense of tortious interference with contract and prosecution of theft of trade secrets action brought in the Western District of Texas, Austin Division, and appealed to the United States Court of Appeals for the Fifth Circuit
  • Representation of Texas governmental entity in claims and litigation involving technology services contracts
  • Representation of Texas-based identity theft protection and data breach mitigation company in privacy, patent infringement, and contract litigation matters
  • Representation of Michigan-based company in misappropriation of trade secret and tortious interference with contract litigation


Energy, Environmental, and Real Estate

    • Representation of principal in natural gas construction and pipeline company in fiduciary duty litigation and arbitration
    • Representation of Texas-based public company in multiple real estate, water rights, contract, construction, and regulatory litigation matters
    • Representation of pipeline company in federal court environmental (National Environmental Policy Act) litigation
    • Representation of industry and developer clients in defense of citizen suits under environmental statutes


    Financial Institution and Financial Services

  • Representation of financial services companies in:
    • Commercial litigation 
    • Wrongful foreclosure litigation
    • Receivership actions
    • Mortgage litigation
  • Representation of lenders in contract disputes and litigation
  • Representation of financial institution in lender liability/alter ego lawsuit tried in the Waco Division of the Western District of Texas and appealed to the United States Fifth Circuit Court of Appeals 


Product Liability

  • Retained by motor vehicle manufacturer to represent distributors in product liability litigation in Texas, including longest reported civil jury trial in Travis County, Texas District Court history


Insurance

  • Representation of policyholders and carriers in coverage analysis, disputes and litigation involving:
    • Directors and Officers liability policies 
    • Commercial General Liability policies 
    • Property policies 
    • Cybersecurity policies 
    • Advertising Injury coverage 
    • Employment practices liability policies 
  • Representation of policyholders in selection of insurance coverages
  • Representation of Texas-based employee benefit products insurance provider in litigation involving contract, employment and tortious interference with contract claims


Investigations 

  • Representation of companies (public and private) and management personnel in investigations, including matters involving:
    • Corporate misconduct, ethics and compliance investigations
    • Government and law enforcement investigations 
    • Management and employment investigations


Corporate and Partnership 

  • Representation of public company and national retailer in dissenters’ rights litigation 
  • Representation of clients in multiple matters involving corporate and partnership disputes, dissolution matters and fiduciary duty litigation 


Sports 

  • Representation of National Football League Club in defense of antitrust, employment and medical malpractice lawsuit
  • Representation of National Football League Club in bond insurance and contract litigation 


Class Action 

  • Defense of national retailer in consumer class action
  • Defense of national credit card issuer in consumer class action 
    • Defense of mortgage company, governmental entities, and transportation companies in collective actions
  • Defense of national uniform company in class action 


Employment 

  • Representation of public and private companies and entities in claims and litigation involving:
    • Non-compete obligations
    • Misappropriation of trade secrets 
    • Fair Labor Standards Act claims

 

Presentation Topics

  • State Bar of Texas (Speaker – State Bar of Texas Convention) June 2011, Trends in Privacy Breach Litigation 
  • State Bar of Texas (Speaker – Business Torts Institute) October 2009, Ethical Traps & Considerations in Business Tort Cases 
  • Federal Court Removal and Remand Practice Traps – San Antonio Bar Association 
  • Attorney-Client Privilege and Attorney Work Product Doctrine for In-House Counsel (Client presentations) 
  • Corporate Representative Depositions (Client presentation) 
  • Texas and National Litigation Trends 
  • Sarbanes Oxley Issues for In-house Counsel (Client presentation) 
  • Drone and Privacy Legal Issues (Inn of Court Continuing Legal Education presentation)
  • Federal Court Effective Civil Motion Practice, Travis County Women Lawyer's Association Seminar, Austin, Texas


Awards and Recognition

  • Texas Super Lawyers, Thomson Reuters, 2008-2016
  • The Best Lawyers in America, Woodward/White Inc., 2012-2017
  • Best of Business Attorneys Award, Commercial Litigation, Austin Business Journal, 2004


Admitted to Practice

  • Texas, 1979
  • U.S. District Court Western, Northern, Southern, and Eastern Districts of Texas
  • U.S. Court of Appeals, Fifth Circuit


Education

  • University of Texas School of Law
    •            -  J.D., 1979

      • University of Michigan

                 -  B.A., 1975
                 -  magna cum laude

Professional and Community Activities

  • Federal Bar Association (Past President and Past Vice President, Central Texas Chapter)
  • American Bar Association (Litigation, Business Law, Tort Trial & Insurance Practice, Sections) 
  • State Bar of Texas (Litigation, Computer & Technology Law, Corporate Counsel, Business Law Sections) 
  • Austin Bar Association (Civil Litigation Section, Board of Directors; Program Chair, Federal Court Practice and Developments, 2009; Program Co-Chair, Ultimate Trial Notebook Seminar, October, 2009; Panelist, Motion Practice, Ultimate Trial Notebook, November, 2014 
  • Federal Court Attorney Admissions Committee for the Western District of Texas, Austin Division (Chair, 2004-present) 
  • Western District of Texas Attorney Disciplinary Committee (2007-present) 
  • Fifth Circuit Bar Association 
  • Robert W. Calvert Inn of Court (Master, 2004-present) 
  • Anti-Defamation League Austin Region Torch of Liberty Dinner (Co-Chair, 2008) 
  • Anti-Defamation League Austin Region Jurisprudence Award Luncheon (Chair, 2009), (Co-Chair, 2013) 
  • Anti-Defamation League Austin Region (Chair, 2016-2017)
  • Make-A-Wish Central & South Texas, Governing Board of Directors (Director 2014-2015)