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Jennifer B. Poppe

Jennifer B. Poppe Partner, Commercial & Business Litigation

Jennifer focuses her practice on state and federal securities litigation, officer and director liability, internal investigations, commercial disputes, and class actions. She has defended public and private companies, partnerships, joint ventures, investment banks, and executives in lawsuits with other companies and lawsuits filed by shareholders and partners.

Jennifer is a frequent speaker and author on issues relating to securities litigation and the attorney-client privilege.

Experience Highlights

  • (Del. Ch.) — Represented a master limited partnership, its general partner, and its directors in lawsuits filed in Delaware Chancery Court by limited partners alleging breach of the partnership agreement and common law claims; prevailed at preliminary injunction to allow transaction to proceed
  • Lead lawyer for consumer retail company in section 10b-5 lawsuit filed in the Southern District of Texas and in related derivative actions 
  • (Del. Ch.) — Representing a publicly traded company in a derivative lawsuit filed in Delaware Chancery Court by shareholders challenging actions by directors and officers, an SEC investigation, and a securities fraud claim in federal court in New York 
  • (U.S.) — Representing legal and economic professors in connection with an amicus briefing arguing that market movement should be required to demonstrate fraud on the market in securities class actions; the United States Supreme Court cited and adopted portions of arguments

Shareholder Litigation & Enforcement

  • (Tex. Dist.); (Del. Ch.) — Represented purchaser of an energy company in several shareholder class actions pending in Texas state and federal courts and the Delaware Court of Chancery challenging the acquisition of a US$4.4 billion exploration and production company
  • Represented the audit committee of a public company conducting an internal investigation
  • (W.D. Tex.) — Represented underwriters in a Section 11 securities class action lawsuit in the Western District of Texas; successfully defeated a Motion for Class Certification of these Section 11 claims and obtained dismissal of remaining claims; the Fifth Circuit upheld the dismissal of all claims
  • (Tex. Dist. – Harris Cnty.) — Obtained partial dismissal of claims for officers and directors in lawsuit challenging the adequacy of merger consideration and asserting allegations of fraud; obtained favorable settlement on remaining claim
  • Represented an investment company in an arbitration proceeding in Austin, Texas, and defended against allegations regarding the solicitation for a venture capital fund and subsequent management of that fund; received all relief requested from the arbitration panel 
  • (Tex. Dist. – Tarrant Cnty.) — Represented a master limited partnership, its general partner, and its directors in a lawsuit filed in Texas state court by a limited partner alleging breach of the partnership agreement, breach of the duty of good faith and fair dealing, and statutory and common law claims of fraud 

Commercial & Business Litigation

  • Representing an individual in a commercial dispute in Austin, Texas, regarding sale of company and related lending agreements 
  • Represented a large and historic trust in connection with a dispute from a sister trust
  • Represented a company in arbitration in San Francisco regarding a failed joint venture
  • Represented a developer in a contractual dispute with a municipality and other land owners; obtained favorable summary judgment on key issues 

Contact Details

T +1.512.542.8464
F +1.512.236.3470
2801 Via Fortuna
Suite 100
Austin, TX 78746
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T +713.758.4464
F +1.713.758.2346
1001 Fannin Street
Suite 2500
Houston, TX 77002
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Jennifer's Practices

  • University of Texas School of Law, J.D. with honors, 1998 (Order of the Coif)
  • University of Texas, B.A., Mathematics, 1995
  • Admitted to Practice: Texas; Colorado; New York; U.S. District Courts for the Western, Southern, Eastern and Northern Districts of Texas; Fifth Circuit Court of Appeals; United States Supreme Court
  • Euromoney’s Benchmark Litigation, "Future Star" in Texas, 2013–2018
  • Selected to the Texas Super Lawyers list, Super Lawyers (Thomson Reuters), 2014−2019
  • Legal 500 U.S., Energy Litigation, 2013; Securities Litigation: Defense, 2016−2019
  • Selected to the Texas Rising Star list, Super Lawyers (Thomson Reuters), 2005–2013
  • Member: Austin Bar Association; United Way Women’s Leadership Counsel Executive Committee; Section of Litigation, American Bar Association
  • Fellow: Texas Bar Foundation; New York State Bar Association
  • Director: United Way Greater Austin