Anne Johnson is co-chair of the firm’s Litigation Department while maintaining an active appellate and trial practice.
Experienced Appellate Practitioner
Ms. Johnson has been Board-Certified in Appellate Law by the Texas Board of Legal Specialization since 2001. Her recent appellate representations include:
Appellate Lawyer in the Trial Court
- In a case of first impression for the renewable energy industry, persuaded the Texas Supreme Court to invalidate a penalty-based liquidated damages provision (2014)
- Secured entry of a $10 million judgment following post-trial claims of jury misconduct (2014)
- Obtained a take-nothing summary judgment, which was affirmed on appeal, on claims alleging a $780 million oral agreement (2013)
- Representation of a majority shareholder on claims involving fiduciary and board governance issues in expedited proceedings before the Delaware Supreme Court (2013)
- Representation of a transmission service provider in a multi-jurisdiction dispute with landowners, following proceedings before the Public Utility Commission of Texas (2012)
- Reversal of a federal district court’s interpretation of an ERISA-governed benefits plan by the Fifth Circuit (2012)
- Successful resolution of fraud and contract claims arising from the sale of supply chain software where, after filing of opening appellate briefs, opponent agreed to settle commercial dispute for almost $200 million less than its judgment (2011)
- Entry of judgment notwithstanding the verdict and rendition of a take-nothing judgment from jury verdict on discrimination, hostile work environment, and retaliation claims (2011)
In addition to her extensive appellate experience, Ms. Johnson is equally at ease on either side of the docket in the trial court. She frequently serves as appellate counsel on trial teams, collaborating with litigators both inside and outside the firm and handling dispositive motions, preservation of error, the jury charge, judgment formation, and post-trial motions.
Ms. Johnson has played a key role in a number of trial court victories:
- Dismissal of shareholder derivative suit in Dallas County Court (2013)
- Successful defense of breach of contract and fraud claims for global technology and specialty materials company in jury trial, and entry of a multi-million judgment for our client on counterclaims (2010)
- Findings of RICO violations, fraud and breaches of fiduciary duty following multi-week federal bench trial resulting in $13.6 million judgment for our client (2009)
- Successful resolution of products liability claims brought by the Brazos River Authority following four-week federal jury trial (2007)
Ms. Johnson has particular experience in arbitration-related litigation, including presenting argument to a panel of the Fifth Circuit in the landmark case setting new standards for vacatur of arbitration awards, Positive Software Solutions v. New Century Mortgage, et al
. In 2012, Ms. Johnson and her partner, Mark Trachtenberg, persuaded a federal court to vacate all punitive damages awarded by an arbitration panel. Ms. Johnson also frequently writes and speaks frequently on arbitration-related litigation.
Ms. Johnson is also frequently consulted, and has written and spoken extensively, on judgment formation issues as a result of her involvement in Johnson & Higgins v. Kenneco
, the seminal Texas Supreme Court case on prejudgment interest law.