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Kimberly R. McCoy

Kimberly R. McCoy Senior Associate, Commercial & Business Litigation

Kim is a member of the firm’s Complex Commercial Litigation Group. She has experience representing banks and other financial institutions in both litigation and regulatory matters. Her practice also focuses on representing companies and their directors in securities litigation, mergers & acquisition litigation, and general commercial disputes.

Also part of the firm’s media law practice, her experience in this area includes representing major media companies against defamation, privacy, misappropriation, and related causes of action. Kim has also represented several nonprofit organizations and indigent clients in pro bono matters. She serves on the firm’s Associate Advisory Committee and Pro Bono Committee. The following is a list of representative matters in which Kim has assisted.

Experience Highlights

Financial Institution Litigation and Regulatory Matters

  • (Federal Deposit Insurance Corporation)  — Defended  former President and CEO of Texas-based federally chartered bank in two-week trial of removal proceedings and civil money penalties on basis of alleged breach of fiduciary duties and unsafe and unsound banking practices (post-trial matters ongoing)
  • (Texas Department of Banking)  — Representing Texas-based federally-chartered bank in ongoing Texas Department of Banking investigation (lead associate)
  • (Tex. Dist. − Dallas Cnty.) — Secured a traditional summary judgment on several claims and a favorable settlement of remaining claims in defense of a financial institution in litigation concerning termination of total return swaps following the 2008 financial crisis

Securities Litigation

  • (S.D. Tex.); (Del. Ch.) — Representing a major midstream energy company in multiple shareholder lawsuits  alleging violation of the federal securities laws arising out of a pipeline release 
  • (S.D. Tex.) — Obtained complete dismissal of all claims in lawsuit alleging breach of federal securities laws following merger of upstream oil and gas Master Limited Partnership with a publicly traded energy acquisition company
  • (S.D.N.Y.) — Representing directors of energy company in lawsuit alleging breach of federal securities laws following filing of Chapter 7 liquidation

Other Commercial Litigation

  • (Tex. Dist. – Collin Cnty.) — Secured complete victory and attorneys’ fees award for plaintiff in a jury trial for a breach of contract and tort case involving a major Texas HVAC company (second chair)
  • (Tex. Dist. – Harris Cnty.); (Tex. Dist. – Dimmit Cnty.) — Obtained favorable settlements for an oilfield services company in two wrongful death lawsuits arising out of trucking accidents
  • (S.D.N.Y.) — Secured complete dismissal of all claims with prejudice for an international news and financial information firm in a class action lawsuit alleging aiding and abetting fraud, negligence, and violation of state consumer protection statutes and drafted a successful sanctions motions against plaintiff and his counsel for actions taken in prosecuting the lawsuit (lead associate)
  • (Tex. Dist. − Dallas Cnty.) — Secured a dismissal with prejudice for a global telecommunications company in a major shareholder derivative action in Dallas state court (lead associate)
  • (N.D. Tex.); (5th Cir.) — Secured a dismissal of federal court action against an international toy company, involving trade secret claims, on the grounds of forum non conveniens, and then assisted in briefing to secure an affirmance by Fifth Circuit Court of Appeals 
  • (Tex. App.) — Currently representing a new media publisher in defamation claims arising from coverage of Medicaid fraud enforcement proceedings  (lead associate)
  • (E.D. Tex.) — Secured a temporary injunction and then a favorable settlement in federal court action representing a publisher alleging First and Fourteenth Amendment violations by county jail officials (lead associate)

Contact Details

Dallas

T +1.214.220.7920
F +1.214.999.7920
kmccoy@velaw.com
Trammell Crow Center
2001 Ross Avenue
Suite 3700
Dallas, TX 75201-2975
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Kim's Practices

  • University of Pennsylvania Law School, J.D. 2011 (Executive Editor, University of Pennsylvania Journal of Constitutional Law; Edwin R. Keedy Cup Moot Court Finalist; Arthur Littleton & H. Clayton Louderback Legal Writing Instructor; Supreme Court Clinic)
  • Arizona State University, B.S., Political Science summa cum laude, 2008 (Phi Beta Kappa; Barrett, The Honors College)
  • Admitted to practice: Texas; All Texas District Courts
  • Selected to the Texas Rising Stars list, Super Lawyers (Thomson Reuters), 2017
  • Member: American Bar Association; Dallas Bar Association; Dallas Association of Young Lawyers
  • Member: Business Council for the Arts Leadership Arts Class, 2015-16
  • Member:  Media Law Resource Center Internet Committee; ABA Forum on Communications Law Moot Court Committee; ABA Forum on Communications Law–Women in Communications Law
  • Member: Human Rights Initiative Pro Bono Committee