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Stephen S. Gilstrap

Stephen S. Gilstrap Senior Associate, Commercial & Business Litigation

Stephen is a senior associate in the firm’s Litigation practice. His principal areas of practice are appellate litigation and complex commercial litigation. Stephen has appellate and trial experience across a wide range of business disputes, including securities fraud claims, trade-secret misappropriation claims, breach of contract claims, legal malpractice claims, fraud claims, and breach of fiduciary duty claims. Stephen has appellate argument experience in both federal and state courts of appeals and has also argued several motions in both federal and state trial courts.

Experience Highlights

Federal Appeals & Trials

  • (U.S.) — Drafted a petition for the writ of certiorari filed in the United States Supreme Court involving an energy regulatory matter (principal drafter)
  • (D.C. Cir.) — Argued appeal involving an ex post facto clause challenge after which the presiding judge stated that Stephen had done an “extraordinary job”; appeal remains pending
  • (5th Cir.) — Authored successful emergency stay motion, which resulted in a published order staying the removal of a banking client from the industry on the basis of a constitutional challenge related to the Administrative Law Judge’s appointment; case remanded to administrative agency (lead appellate associate)
  • (5th Cir.) — Won unanimous reversal and remand on complex tax issue of first impression involving research and development tax credits (member of an appellate team)
  • (5th Cir.) — Drafted successful Rule 23(f) petition for permission to appeal in a securities fraud case; case settled while appeal was pending (lead appellate associate)
  • (S.D.N.Y.) — Reached favorable settlement in securities fraud case with plaintiff after drafting motion to dismiss that resulted in the dismissal of most of the plaintiff’s claims and after class-certification briefing was completed (lead associate)
  • (E.D. Tex.) — Obtained a take-nothing judgment in bank’s favor in a lender liability trial (member of trial team)
  • (N.D. Tex.) — Obtained partial defense verdict for a major software company after a two-week jury trial in a trade-secret misappropriation case (member of trial team) (member of trial team)
  • (N.D. Tex.) — Guided a chemical manufacturer through lawsuits against a contractor and insurance companies arising out of an event that destroyed its manufacturing facility (lead associate) (lead associate)
  • (W.D. Tex.) — Authored successful motion to dismiss in a securities fraud case (lead associate) (lead associate)

State Appeals & Trials

  • (Tex.) — In a case involving an appeal of a Public Utility Commission rate order, the Texas Supreme Court unanimously held in favor of our client on the three issues presented in the petitions for review (lead appellate associate)
  • (Tex.) — Successfully defeated petition for review after judgment was rendered in favor of our banking client in the court of appeals 
  • (Tex.) — Obtained a 7-2 reversal of a Dallas Court of Appeals’ opinion regarding an issue of first impression about the definition of “fair market value” in Tex. Prop. Code § 51.003 (member of an appellate team)
  • (Tex. App. – Amarillo) — Successfully argued before the Amarillo Court of Appeals, obtaining reversal of trial court’s judgment and rendition of judgment in favor of our banking clients, holding that their actions complied with the bank’s articles of incorporation (first-chair appellate counsel) (first-chair appellate counsel)
  • (Tex. App. – Austin) — Representing a real estate investment firm against a property developer in connection with a troubled real estate development in Austin, Texas; obtained affirmance in the Court of Appeals on the critical issue in the case (principal drafter)
  • (N.Y. Sup. – New York Cnty.) — Obtained eight-figure settlement on behalf of life sciences company after arguing summary judgment motion in a breach of contract case related to tax indemnification 
  • (Tex. Dist. − Dallas Cnty.) — Obtained dismissal, on forum-selection clause grounds, for a private equity fund in a suit involving fraud and breach of contract claims (assisted)
  • (Tex. Dist. − Dallas Cnty.) — Argued successful motion to compel arbitration in a suit involving fraud claims against attorney and law-firm clients 
  • (Tex. Dist. – Smith Cnty.) — Obtained a favorable settlement on the eve of trial for a plumbing supply business in a case involving breaches of a noncompetition agreement (lead associate)


Contact Details

Dallas

T +1.214.220.7922
F +1.214.999.7922
sgilstrap@velaw.com
Trammell Crow Center
2001 Ross Avenue
Suite 3900
Dallas, TX 75201
Local time: 5:58 AM
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Stephen's Practices

  • Yale Law School, J.D., 2011 (Notes Editor, Yale Law Journal; Editor in Chief, Yale Journal on Regulation
  • The University of Texas, B.A., Plan II Honors/Government Honors with highest honors, 2008 (Phi Beta Kappa)
  • The University of Texas, B.B.A., Business Honors/Finance with highest honors, 2008 (Beta Gamma Sigma)
  • Admitted to practice: Texas; U.S. Supreme Court; U.S. Court of Appeals for the Second Circuit; U.S. Court of Appeals for the Fifth Circuit; U.S. Court of Appeals for the D.C. Circuit; U.S. District Court for the Northern District of Texas; U.S. District Court for the Eastern District of Texas; U.S. District Court for the Southern District of Texas
  • Judicial clerk to The Honorable José A. Cabranes, U.S. Court of Appeals for the Second Circuit, 2012–2013
  • Judicial clerk to The Honorable Lewis A. Kaplan, U.S. District Court for the Southern District of New York, 2011–2012
  • Member: Dallas Bar Association; Dallas Association of Young Lawyers; Dallas Bar Association’s Judiciary/Judicial Investiture Committee
  • Member: University of Texas Business Honors Program Alumni Advisory Board (2017–present); University of Texas Plan II Honors Program Board of Visitors (2017–present); Business Council for the Arts – Leadership Arts Class (2017–2018)