Jennifer B. Poppe
Texas Tower
845 Texas Avenue
Suite 4700
Houston, Texas 77002
The client should have the utmost confidence. They should know their case is being properly managed by the best team possible, that their best interest is our top priority, and that we are putting all of our efforts into meeting their objective, efficiently, in the most cost-effective way. Jennifer Poppe is a member of V&E’s Commercial and Business Litigation practice with a focus on representing companies, executives and directors in all types of disputes and matters involving shareholders and their interests.
The majority of Jennifer’s practice involves state and federal securities litigation, officer and director liability, internal investigations and class actions. She has defended public and private companies, partnerships, joint ventures, investment banks, and executives. Jennifer also represents companies in commercial disputes with other companies.
Jennifer is a frequent speaker and author on issues relating to securities litigation and the attorney-client privilege. Her work in Securities Litigation was also recognized in Legal 500 US from 2016 to 2018.
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
(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
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
Credentials
- University of Texas School of Law, J.D. with honors, 1998 (Order of the Coif)
- University of Texas, B.A., Mathematics, 1995
- 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
- The Best Lawyers in America©(BL Rankings, LLC), Commercial Litigation (Austin), 2021, 2022, and 2025
- 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
- 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
- “U.S. Supreme Court in Salman Says “Personal Benefit” Does Not Have to be Tangible,” V&E Shareholder Litigation and Enforcement Update E-communication, December 12, 2016 (author)
- 2014 Federal Practice Seminar, Austin Chapter of the Federal Bar Association, February 19, 2014 (co-presenter, pretrial matters and injuctive relief)
- “Forum Selection Provisions: Why Strine Got It Right,” Law360, September 27, 2013 (co-author)
- “Fraud-on-the-Market Theory Demystified,” The Knowledge Congress, July 23, 2013 (co-presenter)
- “Maintaining Privilege in a Merger and Other Business Transactions,” State Bar of Texas Corporate Counsel Section Newsletter, Spring 2013 (co-author)
- “The Dodd-Frank Hedge Fund Adviser Registration Requirements Mean Enhanced Visibility Into Hedge Fund Management Metrics and Increased Enforcement Actions Against Hedge Fund Advisers,” V&E Securities Litigation Insights, Issue 10, Spring 2013 (co-author)
- “Protecting the In-House Attorney Client Privilege,” Texas State Bar Conference, June 14, 2012 (co-presenter)
- “Legal Issues in Social Media and Cloud Computing,” CLE Program, February 9, 2012 (co-presenter)
- “New Decision Creates Split in Southern District of New York Over Janus Decision,” V&E Securities Litigation and Enforcement Update E-communication, February 24, 2012 (co-author)
- “A Basic Question: Is Materiality the Better Standard for Class Certification in Securities Fraud Lawsuits?,” First published in Bloomberg Law Reports, February 13, 2012 (co-author)
- “The Federal Courts Jurisdiction and Venue Clarification Act of 2011: New Legislation Expands Removal Jurisdiction in Federal Court,” V&E Litigation Updates E-communication, January 19, 2012
- “Could the Supreme Court’s Enforcement of Arbitration in Concepcion Reverberate in the Securities Litigation Sphere?,” Securities Litigation Report, Volume 8, Issue 8, September 2011 (co-author)
- “Could the Supreme Court’s Enforcement of Arbitration in Concepcion Reverberate in the Securities Litigation Sphere?,” V&E Securities Litigation Insights, Summer 2011 (co-author)
- “U.S. Supreme Court Rejects Efforts to Expand Liability Under Section 10(b) and Holds That Persons Who Draft But Do Not Issue False Statements Cannot Be Liable,” V&E Securities Litigation and Enforcement Update E-communication, June 13, 2011
- “Protecting the In-House Attorney-Client Privilege,” 33rd Annual Corporate Counsel Institute CLE Program, April 2011
- “An Emerging Corporate Strategy: Forum-Selection Provisions for Intra-Corporate Disputes,” V&E Securities Litigation Insights, Winter 2011 (co-author)
- “Class Certification in Securities Litigation: Overview of the Process and Recent Developments,” CLE Program, June 3, 2010 (co-presenter)
- “Attorney-Client Privilege for Corporate Lawyers,” Energy Industry Series CLE, May 20, 2010 (co-presenter)
- “SEC v. Cohmad: Defendants Prevail in Battle of Inferences,” V&E Securities Litigation Insights, Winter 2010 (co-author)
- “In House Privilege: How to Educate Business Clients and Protect Communications,” Association of Corporate Counsel – Austin Chapter, Pocket MBA, October 9, 2009 (panelist)
- “Securities Litigation Insights,” V&E Litigation Updates, September 2009 (editor)