Christopher D. Kratovil - Member - Dykema
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Christopher D.
Kratovil
Member
Dallas
Comerica Bank Tower
1717 Main Street
Suite 4200
Dallas, TX 75201
T: 214-462-6458 ckratovil@dykema.com
Areas Of Practice
Appellate and Complex Motion
Practice Christopher D. Kratovil is the Office Managing Member of the Dallas office
Class Action Defense of Dykema, and also leads the firm’s national lateral hiring efforts as its
National Hiring Member. He has been instrumental in Dykema’s substantial
Business & Commercial growth in Texas.
Litigation
Product Liability An experienced and respected Texas litigator, Mr. Kratovil has been
recognized for five consecutive years (2016-2020) as one of the "Top 100
Non-Compete, Unfair Competition Lawyers in Texas" regardless of specialty by Texas Super Lawyers, and
and Trade Secrets
has been named one of the "Best Lawyers in Dallas" by D Magazine for
Real Estate Litigation ten consecutive years (2011-2021).
Mr. Kratovil focuses his practice on complex commercial disputes and
Industries
appellate matters, representing clients in high-stakes litigation before
Insurance Related Litigation tribunals ranging from small-town Texas trial courts to arbitrators to the
Automotive Industry Group United States Court of Appeals for the Fifth Circuit and the Texas Supreme
Dental Service Organizations Court. Mr. Kratovil has presented over 35 appellate oral arguments to
Industry Group courts at all levels of the appellate system, and has been an integral part
of dozens of trial and arbitration teams. He has argued virtually every type
Oil & Gas
of motion permitted under the Texas and Federal Rules of Civil Procedure.
Bar Admissions Beyond his appellate work, Mr. Kratovil regularly handles case dispositive
Texas briefing and argument, jury charges, complex motions, research-intensive
legal issues, emergency injunctions, and error preservation in the trial
courts. He has extensively litigated issues under the Texas “anti-SLAPP”
Court Admissions statute, the Texas Citizens Participation Act (“TCPA”), including multiple
U.S. Supreme Court successful interlocutory appeals.
U.S. Court of Appeals, 2nd Circuit Mr. Kratovil has extensive experience litigating so-called "business
U.S. Court of Appeals, 5th Circuit divorces" and related fraud, minority shareholder rights, covenants not-to-
U.S. Court of Appeals, 7th Circuit compete and not-to-solicit, trade secrets, oil field disputes, and the law
governing arbitration. Mr. Kratovil has served as lead counsel in a number
U.S. Court of Appeals, 11th Circuit
of high-dollar disputes over land use and development in the DFW area,
U.S. District Court, Eastern District representing developers against cities and landowners. In recent years, he
of Texas was worked closely with Dykema’s industry-leading DSO Practice Team to
U.S. District Court, Northern litigate issues impacting dentists and dental support organizations.
District of Texas
U.S. District Court, Southern Mr. Kratovil is the author of several high-profile amicus curiae briefs,
District of Texas including on behalf of United States Senator John Cornyn and, separately,
for numerous members of the Texas House of Representatives and Texas
U.S. District Court, Western
District of Texas Senate.
U.S. District Court, District of Prior to joining Dykema, Mr. Kratovil was a partner at K&L Gates and an
Colorado associate at Jones Day. He was a law clerk to the Honorable Edith H.
Jones of the United States Court of Appeals for the Fifth Circuit. Mr.
Kratovil earned a B.A., magna cum laude from the University of Notre
California Illinois Michigan Minnesota Texas Washington, D.C.
Christopher D. Kratovil (Cont.)
Dame, and a J.D., with honors from the University of Texas at Austin
U.S. District Court, Eastern District School of Law, where he was an editor of the Texas Law Review and a
of Arkansas member of the Order of the Coif.
U.S. District Court, Western
District of Arkansas Experience
U.S. District Court for the District ● Lead appellate counsel to a major Dallas real estate developer in
of Nebraska
obtaining the reversal of a state trial court order that would have
required the demolition of a newly constructed $60 million apartment
Education complex.
University of Texas School of Law, ● Lead appellate counsel to a Collin County real estate developer in
J.D., 2000 securing a grant of federal mandamus from the Fifth Circuit that
● with honors removed a lis pendens on a more than $300 million property, thereby
allowing the sale of the property to move forward.
● Order of the Coif
● Lead counsel to the developer of a large Dallas-area music venue in
● Administrative Editor of the securing the release of over $40 million in tax increment financing
Texas Law Review district funding owed by a municipality to the developer.
University of Notre Dame, B.A. ● Lead counsel to a Fortune 500 company in the removal of a lis pendens
magna cum laude, 1997
from a Collin County corporate campus valued at more than $100
Cistercian Preparatory School, million, thereby allowing the sale of the campus to be completed.
Irving, Texas, 1993
● Lead counsel to a Fortune 1000 energy services company in a multi-
state dispute over covenants not to compete and employee raiding.
● Lead appellate counsel to a Fortune 50 retailer in a case involving
alleged malicious prosecution and defamation, securing victory in the
Fifth Circuit.
● Lead appellate counsel to a major dental services organization in a
series of interlocutory appeals involving the Texas anti-SLAPP statute,
the TCPA.
● Lead appellate counsel to a major national mortgage servicer, prevailing
in the Fifth Circuit in a wrongful foreclosure case.
● Co-lead counsel in the arbitration of a “business divorce” involving the
founders of a major dental services organization.
● Lead appellate counsel to an energy drink manufacturer in the Fifth
Circuit, securing partial reversal of summary judgment and restoration of
claims for breach of contract, fraud and fraudulent inducement, and
remanded back to the district court for trial.
● Lead counsel in the preparation and filing of an amicus curiae brief on
behalf of 20 members of the Texas Legislature in successful efforts to
overturn a plastic bag ban in Laredo, Texas (Laredo Merchants
Association v. City of Laredo, Texas).
● Appellate counsel to Ford Motor Company in a successful mandamus
action to the Texas Supreme Court, establishing the principle that
litigants cannot seek discovery from the employer of an opposing expert
witness. In re Ford Motor Co., 427 S.W.3d 396 (Tex. 2014).
● Lead appellate counsel to the homeowners of the Air Park Estates
neighborhood in Carrollton, Texas, in a major property rights case
against developer Henry Billingsley and the City of Carrollton, who were
held to have engaged in an unconstitutional scheme to seize real
property from the homeowners without paying just compensation. Noell
v. City of Carrollton, –S.W.3d–, 2014 Tex. App. LEXIS 3880 (Tex. App.—
California Illinois Michigan Minnesota Texas Washington, D.C.Christopher D. Kratovil (Cont.)
Dallas April 9, 2014, pet. filed).
● Lead appellate counsel to ABC Hotel & Restaurant Supply, Inc., a major Austin-based hospitality supply company, in
securing the affirmance of a $1 million trial court judgment arising out of a failed corporate acquisition. Friedman &
Assocs. v. ABC Hotel & Rest. Supply, Inc., 412 S.W.3d 561, (Tex. App.—Amarillo 2013, no pet.).
● Lead appellate counsel to amici curiaeTexas Legal Services Foundation and Texas Alliance Against Sexual Assault in
supporting Texas Attorney General Greg Abbott and Comptroller Susan Combs in the successful defense of the
constitutionality of the so-called “pole tax” that imposes a tax on all sexually oriented businesses in Texas, with the
revenue from such tax used to support social services for Texans adversely impacted by such businesses. Entm't Ass'n v.
Combs, 2014 Tex. App. LEXIS 5034 (Tex. App.—Austin May 9, 2014).
● Appellate counsel to the Equipment Leasing and Finance Association, a national trade group, in the preparation of an
amicus brief to the United States Supreme Court in RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 132 S.Ct. 2065
(2012).
● Lead appellate counsel to Mr. Balakrishna Shagrithaya, co-founder and 47% owner of ARGO Data Resource Corporation,
in a $90 million shareholder oppression and fraud lawsuit currently pending after full briefing before the Texas Supreme
Court.
● Lead trial counsel to Bosch Rexroth AG, a major international engineering and manufacturing consortium, in the defense
of a $20 million wrongful death and products liability lawsuit filed by Rusty Hardin & Associates in State District Court in
Harris County, Texas. The matter was resolved via a confidential settlement.
● Lead trial counsel to DeLaval, Inc., the world’s largest maker of dairy farm and milking equipment, in a series of wrongful
death investigations and related products liability actions.
● Texas counsel to Key Safety Systems, the leading domestic seat belt maker, in two high-exposure wrongful death and
products liability lawsuits.
● Lead appellate counsel in the successful vacatur of a commercial arbitration award based on the arbitrator’s failure to
render his award by the deadline set by the parties—a first of its kind result under Texas law Sims v. Bldg. Tomorrow's
Talent, LLC, 2014 Tex. App. LEXIS 4671 (Tex. App.— Amarillo April 30, 2014, pet. filed).
● Primary draftsman of briefs in a victory before the U.S. Supreme Court on behalf of taxpayers challenging the legality of
secretive procedures used by the U.S. Tax Court, Ballard v. Commissioner of Internal Revenue, 544 U.S. 40 (2005).
● Primary author of winning briefs to the en banc Fifth Circuit in that court's leading decision on venue transfers under 28
U.S.C. § 1404(a), resulting in the issuance of a writ of mandamus against the United States District Court for the Eastern
District of Texas.In re Volkswagen II, 545 F.3d 304 (5th Cir. 2008) (en banc).
● Lead Counsel in successful effort to prevent the confirmation and enforcement of a $27 million arbitration award against a
foreign utility company in Federal District Court.
● Lead appellate counsel for one of the nation's largest defense contractors in a dispute with a major union concerning the
interpretation and application of the parties' collective bargaining agreement, ultimately resulting in a victory for the
defense contractor in the Fifth Circuit.
● Co-lead counsel in obtaining the dismissal in federal district court of a $25 million fraud and breach of fiduciary duty
lawsuit against a major national law firm.
● Assisted with successful petition for writ of mandamus in the United States Court of Appeals for the Federal Circuit,
resulting in the issuance of a writ of mandamus against the United States District Court for the Eastern District of Texas on
a venue issue in a patent case.
● Lead counsel in the preparation and filing of an amicus curiae brief with the Texas Supreme Court on behalf of a United
States Senator.
● Lead counsel in preparation and filing amicus curiae brief in the Texas Supreme Court on behalf of a Texas Representative
and a state association.
● Prepared winning briefs to the Supreme Court of Texas on behalf of a policyholder in a commercial insurance coverage
dispute.
California Illinois Michigan Minnesota Texas Washington, D.C.Christopher D. Kratovil (Cont.)
● Lead counsel in obtaining set-aside of seven-figure default judgment in multi-tiered complex commercial proceedings
involving Texas, federal and bankruptcy procedural law issues.
● Co-counsel in preparation of amicus curiaebrief on behalf of law professors in the first major piece of "global warming
litigation" heard by the Supreme Court of the United States.
● Primary draftsman of winning briefs to the Fifth Circuit in a trademark case concerning the attempted re-litigation of
"secondary meaning" of a descriptive trademark.
● Author of prevailing briefs to the Fifth Circuit on behalf of appellant taxpayers accused of engaging in elaborate civil tax
fraud and "kick-back" scheme.
● Obtained certification of a novel question of Texas insurance law from the Fifth Circuit to the Supreme Court of Texas.
● Author of briefs to the Fifth Circuit resulting in reversal of the trial court's grant of judgment notwithstanding the verdict in
a precedent-setting multimillion dollar age discrimination lawsuit.
● Assisted with briefing in the Fifth Circuit in an appeal resulting in the reversal of a jury verdict based on cumulative
evidentiary errors by the trial judge.
● Obtained reversal from the Dallas Court of Appeals of a grant of summary judgment in UCC Article 9 foreclosure appeal.
● As appellate counsel, preserved a favorable class-action settlement against appellate challenges brought by multiple
dissatisfied class members in the Texas Supreme Court.
● As trial counsel in an appointed federal criminal case, achieved the partial acquittal of an inmate who had allegedly
escaped from incarceration and assaulted armed guards.
Seminars & Speeches
The “Third Chair” at Trial: The Value of Embedded Appellate Counsel and The Top 5 Appellate Hacks for Trial Attorneys
June 3, 2021
Dykema’s 2020 SCOTUS Review and Preview
September 15, 2020
Altering Constitutional Doctrines Through Private Practice, Indiana International & Comparative Law Review Symposium,
Indianapolis, IN
February 28, 2020
The Path of Learning Leadership,” Dallas Area Paralegal Association
September 25, 2019
A CLE on the U.S. Supreme Court with Tony Mauro, Texas Lawbook CLE Panel
February 5, 2019
Developments in the Law: The Supreme Court’s 2017 Decisions and Their Impact on Civil Litigation
August 15, 2017
Threshold Dispositive Motions – The Texas Anti-SLAPP Law and the Texas Defamation Mitigation Act: Shutting the Door on
Claims with Communications, 2017 Advanced Civil Trial Course, State Bar of Texas CLE
July 19, 2017
Mentoring Millennials and Generation Z, Panel presentation to the Business Litigation Section of the Dallas Bar Association
January 10, 2017
Developments in the Law: The Supreme Court’s New Decisions and Their Impact on Civil Litigation
July 19, 2016
Upstream Energy Forum
May 24, 2016
Marmet Health Care Center, Inc. v. Brown—Post-Decision, SCOTUScast, Federalist Society
March 12, 2012
California Illinois Michigan Minnesota Texas Washington, D.C.Christopher D. Kratovil (Cont.)
Litigation in the U.S. Federal System, A delegation of Visiting Lawyers from Vietnam's Ministry of Justice
March 4, 2011
The Fraud Exception, Panel presentation to the Mergers & Acquisitions Section of the Dallas Bar Association
December 12, 2010
Mandamus Practice in the Fifth Circuit, presented to the Appellate Section of the Dallas Bar Association
June 17, 2010
Federal Mandamus and the East Texas Venue Wars, presented to the Appellate Section of the San Antonio Bar Association
February 18, 2010
Perfecting the Appeal and Securing the Record, presented to the State Bar of Texas Appellate Section "Boot Camp" CLE
September 9, 2009
A Look Ahead: The Next Year at the Supreme Court of Texas, presented to the Dallas Lawyers' Chapter of the Federalist
Society
October 16, 2008
Recent Developments in Arbitration, presented to the 18th Annual University of Texas Conference on Federal and State
Appeals
May 30, 2008
Challenging Arbitration Awards, presented to the Appellate Section of the El Paso Bar Association
April 18, 2007
Challenging Arbitration Awards, presented to the Appellate Section of the San Antonio Bar Association
April 11, 2007
Appellate Options After Arbitration, presented to the Appellate Section of the Dallas Bar Association
March 16, 2007
Reducing the 'Daunting Finality' of Arbitration Awards: Crafting an Appellate Option, North Dallas Bar CLE Clinic
January 2007
Everyday rules for Better Legal Writing, presented to the Dallas Area Paralegal Association
May 10, 2006
Enhancing Your Appellate Prospects, moderator of panel presentation to the Dallas Bar Association CLE Clinic
May 5, 2006
Appellate Options from Arbitration Awards, presented to the Appellate Section of the Houston Bar Association
April 19, 2006
Choosing the Right Legal Career Path For You, presented to Phi Alpha Delta Chapter at Texas Tech University Law School
April 5, 2006
Challenging Arbitration Awards: A Role for the Courts, presented to the Judiciary Committee of the Dallas Bar Association
February 9, 2006
Reducing the 'Daunting Finality' of Arbitration Awards: Crafting an Appellate Option, presented to the Appellate Law Section
of the Dallas Bar Association
January 18, 2006
Injunctions and Temporary Restraining Orders, presented to the Trial Skills Section of the Dallas Bar Association
December 8, 2004
Publications
"Five Friendly Appellate Hacks That Really Work"
June 2021
"It’s Time for Geographic Diversity in SCOTX Appointments"
August 12, 2019
California Illinois Michigan Minnesota Texas Washington, D.C.Christopher D. Kratovil (Cont.)
The Texas Lawbook
Facebook 'rapper' urges high court to adopt subjective test for online threats
Volume 12, Issue 1/January 2015
Westlaw Journal: Expert & Scientific Evidence
News
Texas Lawbook Highlights Dykema in Spotlight Feature Article
August 3, 2021
Four Dykema Attorneys Named 2021 “Best Lawyers in Dallas” by D Magazine
April 28, 2021
Dykema Pays Tribute to Alumnae Who Helped Shape Our Firm
March 8, 2021
Law360 Catches Up with Dykema National Hiring Member Chris Kratovil to Discuss Lateral Hiring
March 2, 2021
Honoring the Women Trailblazers Who Paved the Path
March 1, 2021
Kratovil and Nunnallee Mentioned in Law360 Article on Wigdor Suit Involving Seth Rich Claims
October 19, 2020
Chris Kratovil Speaks About New SCOTX Justice in The Texas Lawbook
October 15, 2020
Six Dykema Attorneys Named “Best Lawyers in Dallas” by D Magazine
April 26, 2020
DXC Technology Presents 2020 Strategic Partner Award for Empowerment to Dykema
February 7, 2020
Christopher Kratovil Quoted in Texas Lawyer Article on Anti-SLAPP Ruling in 5th Circuit
August 23, 2019
Chris Kratovil Comments on Split in the Fifth Circuit in Texas Lawbook
August 21, 2019
Chris Kratovil Provides Insight to Texas Lawbook on Fifth Circuit’s Decision on Securities Law
June 28, 2019
Dykema Representation of Political Candidate Reported by Dallas Morning News
May 17, 2019
Chris Kratovil Comments on Texas House Bill’s Change to TRCP 91a in Texas Lawyer
May 3, 2019
Chris Kratovil Comments on Texas Citizens Participation Act in Texas Lawyer
April 30, 2019
Ashmore, Fine and Kratovil Named “Best Lawyers in Dallas” by D Magazine
April 18, 2019
Chris Kratovil Reacts to Court Discord in Texas Lawbook
March 13, 2019
Chris Kratovil’s Reflections on U.S. Supreme Court Noted in Texas Lawbook
February 6, 2019
Kratovil Discusses U.S. District Court Judge Reed O’Connor with Dallas Business Journal, Houston Chronicle and Texas
Lawbook
California Illinois Michigan Minnesota Texas Washington, D.C.Christopher D. Kratovil (Cont.)
December 21, 2018
Dallas Business Journal, Houston Chronicle and Texas Lawbook Share Chris Kratovil’s Insight on How Election Results
Affect Appellate Litigation Strategy in Texas
November 23, 2018
Chris Kratovil Notes Texas SC Justice Johnson’s Legacy in Dallas Business Journal and Texas Lawbook
November 9, 2018
Chris Kratovil Comments on Democratic Sweep of Texas State Appeals Courts in the Texas Tribune
November 8, 2018
Seven Dykema Attorneys Named “Best Lawyers in Dallas” by D Magazine
April 24, 2018
Chris Kratovil Encouraged by Dallas Law Firm Boom, Highlights Dykema’s Growth in Law360 Story
February 21, 2018
Chris Kratovil Comments on President’s 5th Circuit Nominations in Texas Law Book
September 28, 2017
Chris Kratovil Quoted in Law360 Article on NFL Player Suspension Lawsuit
September 13, 2017
Chris Kratovil Discusses Trump Judicial Recommendations with Texas Lawyer
September 9, 2017
Wheaton and Kratovil Spotlighted in Grand Rapids Legal News
August 18, 2017
Chris Kratovil Assesses Texas Supreme Court 2017 Rulings in Law360 Review
July 6, 2017
Christopher Kratovil Quoted in Westlaw Journal Computer & Internet
June 19, 2015
Christopher Kratovil Quoted in Texas Lawyer
June 11, 2015
David Schenck, Christopher Kratovil and Kristina Williams Author Article for Westlaw
January 6, 2015
Five Dykema Attorneys Named “Best Lawyers in Dallas” by D Magazine
May 9, 2014
Dykema Appellate Team Win on Behalf of Air Park Estates Homeowners Profiled in The Texas Lawbook
April 14, 2014
Dykema Appellate Team Obtains Victory in Texas Supreme Court for Ford Motor Company Regarding Discovery
April 3, 2014
Christopher D. Kratovil Co-Authors Scholarly Article on “Evident Partiality” for The Advocate
March 28, 2014
Chris Kratovil Quoted in Texas Lawyer Article on Upcoming Presidential Appointments to Fifth Circuit
December 17, 2013
Chris Kratovil Quoted in Law360 Article on Shareholder Oppression and Fraud Case Before Texas Supreme Court
September 26, 2013
Dykema’s Energy Industry Group Announces Creation of Fracking Team
September 26, 2013
Four Dykema Attorneys Named to 2013 Texas SuperLawyers
September 26, 2013
California Illinois Michigan Minnesota Texas Washington, D.C.Christopher D. Kratovil (Cont.)
Dykema Posts Series of Impressive Appellate Wins Over Past Few Months
September 16, 2013
Chris Kratovil Named to D Magazine List of “Best Lawyers in Dallas”
May 7, 2013
Three Dykema Attorneys Named to 2013 List of Texas Rising Stars
April 18, 2013
Kratovil Quoted in Texas Lawyer Article—What “Conservative” Means in State Judiciary
June 5, 2012
Three Dykema Lawyers Named to D Magazine’s “Best Lawyers in Dallas”
May 24, 2012
Kratovil Delivers Podcast—Discusses Significance of Marmet Decision
March 12, 2012
Memberships & Involvement
● Current Chair of the Appellate Section of the Dallas Bar Association
● Former Chair of the Business Litigation Section of the Dallas Bar Association
● State Bar of Texas Appellate Section, Committee Chair, 2010-2017
● Higginbotham Inn of Court, Associate, 2005-2006
● William "Mac" Taylor American Inn of Court, Bencher, 2017 – present
● Dallas Association of Young Lawyers, Leadership Class, 2003
● Dallas Volunteer Attorney Program Volunteer
Community/Civic Activities
● Cistercian Preparatory School Alumni Association, Board of Directors, President, 2007-2008
● Lamplighter School Alumni Council, 2005-2008
● Notre Dame Alumni Club of Dallas
● Texas Law Review Association, former managing director and board member, 1999-2000
● Leadership Las Colinas-Irving Class of 2008-2009
● Hackberry Creek Homeowners Association Board of Directors, 2013-2014
Awards & Recognition
● 2020 Strategic Partner Award for Empowerment presented by DXC Technology
● Named a "Best Lawyer in Dallas" by D Magazine, 2011-2021
● Recognized in The Best Lawyers in America® for Appellate Practice, 2017-2021
● Recognized as one of the "Top 100 Lawyers in Texas" and one of the "Top 100 Lawyers in Dallas/Fort Worth," Texas Super
Lawyers®, 2016-2021
● Recognized in Texas Super Lawyers®for Appellate and Business Litigation, 2014-Present
● Recognized in Texas Super Lawyers®as a Rising Star for Appellate, 2007-2013
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