Alexander D. Burch | People

Biography

Alex is a member of Baker McKenzie’s Litigation and Government Enforcement Practice in Houston and the Global Dispute Resolution Group. He has extensive trial and appellate litigation experience in resolving complex commercial disputes for his clients, which includes leading cases before the Supreme Court, the United States Circuit Courts of Appeals, Texas and California appellate courts, and before state and federal trial courts throughout the country.

Alex graduated from Texas A&M University and thereafter served as an artillery officer in the United States Marine Corps. Upon leaving active duty, he spent several years in retail management before attending Saint Mary’s University School of Law where he was a member of the law review and graduated magna cum laude. Alex also previously served as a briefing attorney to Justice Phil Johnson of the Supreme Court of Texas and as an intern with U.S. District Court Judge Xavier Rodriquez.

Practice Focus

Alex’s practice is focused on civil trial and appellate litigation. He is highly experienced in representing clients in disputes across various industries, including oilfield services, private equity, power-generation, product-liability, manufacturing, construction, and telecommunications. He routinely assists business owners with complex valuation, investment fraud, fiduciary duty disputes, protection of intellectual property rights, catastrophic injury defense, and insurance coverage disputes.

Representative Legal Matters

Served as counsel of record in the United States Supreme Court and lead appellate counsel in the Ninth Circuit Court of Appeals and obtained favorable opinions from both courts in contentious case that clarified the law regarding a foreign person’s standing to bring civil RICO claims. Our client’s RICO claims were dismissed by the district court in California for lack of standing because the client was not a U.S. resident. Obtained favorable opinion from the Ninth Circuit reversing the district court’s dismissal order and creating a split among the U.S. Courts of Appeals. The United States Supreme Court granted review to resolve the split. The Supreme Court affirmed the Ninth Circuit’s opinion paving the way for our client to continue to pursue his RICO claims against the defendants. Shortly after obtaining the favorable opinion from the Supreme Court, the client received a favorable settlement.
Obtained reversal of trial court take-nothing judgment and entry of new judgment by a Texas court of appeals that awarded client substantial damages and attorney’s fees based on a favorable jury verdict on claims for breach of supply contract for poultry products.
Manage extensive claims docket for oil and gas drilling client and serve as lead trial or managing counsel in numerous cases throughout Texas, Oklahoma, Colorado, and New Mexico. Cases include contractual indemnity disputes – including under the Texas Oilfield Anti-Indemnity Act (TOAIA) – insured coverage claims against excess insurers and defense of catastrophic personal-injury and wrongful death action.
Obtained a favorable plaintiff’s jury verdict and judgment of over USD 72 million for a publicly-traded energy-services client in a six-week trial on claims for breach of fiduciary duty, fraud, and conspiracy in a case involving an extensive oilfield kickback scheme relating to hundreds of millions of dollars in international transactions. As lead appellate counsel, defeated two separate mandamus petitions that resulted in a favorable appellate opinion rejecting a defendant’s Fifth Amendment privilege assertions and affirming an order compelling the discovery of key evidence in the case.
Defended on appeal a trial court’s dismissal of a software products and services contract dispute on the parties’ contractual forum-selection clause. The court of appeals, relying solely on the briefing, rejected the appellant’s arguments and affirmed the trial court’s enforcement of the forum-selection clause and case dismissal.
Successfully defended on appeal a USD 4 million judgment in favor of the client, in a breach of warranty and product liability action brought against a manufacturer of casing connections which failed during hydraulic fracturing operations of the client’s horizontal well. Based on the appellate briefing, the court of appeals unanimously rejected each of the several complex issues raised by the appellant.
Successfully defended on appeal the summary dismissal of a personal injury action brought against a client manufacturer involving product liability claims to multi-piece wheel assemblies installed on a commercial tractor.
Obtained favorable opinion from the Supreme Court of Texas reversing lower appellate court’s opinion and clarifying law regarding Texas municipality immunity from suit. The Supreme Court’s reversal saved the client’s payment dispute against the City of San Antonio relating to the installation of pollution control devices at a city-operated, coal-fired power plant.
Obtained summary dismissal of action against an airline involving contract claims related to the airline’s frequent-flyer program and successfully defended the district court’s judgment on appeal to the United States Court of Appeals for the Fifth Circuit.
Obtained a reversal in Texas appellate court from the trial court’s dismissal on jurisdictional grounds of the client’s USD 1 billion tax valuation dispute. The result reinstated the client’s dispute for consideration on the merits.
Defended Texas state agency on appeal before the United States Fifth Circuit Court of Appeals, in an employee’s qui tam action under the Federal False Claims Act.
Drafted appellate briefing that resulted in the court affirming the district court’s judgment for the agency and an opinion clarifying state agency liability under the False Claims Act.
Represented a home healthcare organization before the Supreme Court of Texas in a case involving breach of a statutory settlement agreement. Successfully obtained a reversal of the court of appeals’ opinion and judgment through persuasive appellate briefing.
Represented Federal Deposit Insurance Corporation in defense of permissive appeal. Successfully obtained appellate court’s denial of permissive appeal. Represented a medical device manufacturer in a wrongful death case. Prepared appellate briefing in interlocutory/accelerated appeal under Texas Medical Liability Act. Case settled favorably while on appeal.

Professional Associations and Memberships

American Bar Association
Houston Bar Association

Admissions

U.S. Supreme Court (2023)
U.S. Court of Appeals, Fifth Circuit~United States (2012)
U.S. Court of Appeals, Eighth Circuit~United States (2022)
U.S. Court of Appeals, Ninth Circuit~United States (2021)
U.S. District Court, Southern District of Texas~United States (2013)
U.S. District Court, Western District of Texas~United States (2012)
U.S. District Court, Eastern District of Texas~United States (2015)
U.S. District Court, Colorado~United States (2023)
U.S. District Court, Northern District of Ohio~United States (2022)
U.S. Bankruptcy Court, Southern District of Texas~United States (2012)
U.S. Bankruptcy Court, Western District of Texas~United States (2012)
Texas~United States (2010)

Education

St. Mary's University School of Law (JD) (2010)
Texas A&M University (BA) (1997)