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Marisa Secco Giles
Marisa Secco Giles
Partner — Commercial & Business Litigation
Partner — Commercial & Business Litigation

Marisa Secco Giles

Marisa Secco Giles
Austin

200 West 6th Street
Suite 2500
Austin, Texas 78701

start quote symbolI'm an aggressive litigator who's not afraid to take a case to court. Whether a case ends up in trial or we pursue a settlement, my goal is always to reach a quick, favorable, and strategic resolution for my clients.end quote symbol
Marisa Secco Giles

Experience Highlights

  • Defended golfing corporation in suit for terminating a lease under force majeure; presented briefing and oral argument within a few weeks, ultimately convincing the court to deny temporary injunction and precipitating a settlement shortly thereafter

  • Represented multi-state amenity management company in a trade secret and contract dispute; obtained multiple temporary restraining orders and favorable settlement

  • Representing sellers of technology company in Delaware Court of Chancery on breach of contract and fraud claims related to sales pipeline and accounting issues

  • Represented joint venture partner in five-day bench trial on breach of Delaware LLC agreement regarding rights of first refusal and sale of interest in joint venture

  • Representing seller of major league baseball team in post-closing merger dispute regarding liability for federal taxes

  • Representing cloud commerce company in post-closing merger dispute regarding sales contracts and post-closing tax liability

  • Defended retailer and certain of its officers in federal securities action and derivative lawsuits in Texas federal court alleging violations of Section 10(b) of the Securities Exchange Act arising from restated financials

  • In advance of summary judgment, obtained favorable settlement of securities fraud claims challenging exploration and production company’s disclosures in merger proxy statement

  • Representing subsidiary of Fortune 500 company in ICC Arbitration in defense and indemnity dispute relating to underlying highway construction dispute

  • Representing terminalling company in complex insurance recovery matter related to fire incident

  • Represented terminalling company in AAA Arbitration in breach of contract suit related to construction services; obtained favorable settlement

  • Defending Fortune 1000 energy company in expedited lawsuit challenging major commercial transaction in Pennsylvania state court 

  • Obtained complete dismissal on behalf of four Texas cities of declaratory judgment suit brought by water district in Texas state court

  • Defending monetary authority in two adversary proceedings alleging fraudulent transfer in bankruptcy court in the Southern District of New York 

  • Represented independent oil & gas services company debtor in Chapter 15 bankruptcy proceedings in Western District of Texas and related adversary class action litigation; obtained complete dismissal of adversary proceeding class action

  • Defended nutrition company against preliminary injunction sought by dissident shareholders in proxy contest  

  • First chair trial attorney in US Tax Court case involving the allocation of income between corporate agent and principals 

  • Prosecuted breach of merger agreement claim with underlying transfer pricing tax issues in Texas federal court and defended related arbitration on behalf of the sellers of an oilfield services company

  • Defending a foreign monetary authority in a federal lawsuit relating to the R. Allen Stanford $8 Billion Ponzi scheme

  • Representing numerous amici in an appeal pending in the Supreme Court of Texas

  • Assisted in obtaining complete dismissal on basis of ERISA preemption of claims by a class of current and former employees against a large insurance company, asserting that the company’s long-term disability policy violated state and federal law 

  • Assisted in representation of a debt-buying entity in a fraud and breach of contract action in federal district court

Credentials

  • The University of Texas School of Law, J.D. with high honors, 2007 (Chancellor; Order of the Coif; Texas Law Review)
  • The University of Texas at Austin, B.A., Government with high honors, 2004
  • Rules Attorney for the Supreme Court of Texas, 2011–2013
  • Judicial clerk to the Honorable Fortunato P. Benavides, U.S. Court of Appeals for the Fifth Circuit, 2008–2009
  • Chambers USA, Litigation: General Commercial (Austin), 2021; “Up and Coming” in Litigation: General Commercial (Texas), 2021
  • Selected to the Texas Rising Stars list, Super Lawyers (Thomson Reuters), 2016 and 2017
  • Texas Lawyer, Top 20 “Winning Women” litigation and appellate attorneys (Texas), August 2014
  • Legal 500 U.S., Energy Litigation: Oil & Gas, 2019
  • The Best Lawyers in America© (BL Rankings, LLC), Commercial Litigation (Austin), 2021 and 2022
  • Membership Chair: Federal Bar Association Austin Chapter
  • Member: Austin Bar Association; American Bar Association; Federal Bar Association; Access to Justice Rules Subcommittee
  • Vice-Chair: Texas State Bar Court Rules Committee Trial Subcommittee
  • Texas
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Courts for the Western, Southern, Eastern, and Northern Districts of Texas
  • Presiding Officer, UT Law Conference on State and Federal Appeals, June 2, 2017
  • “Pretrial Matters and Injunctive Relief” CLE Presentation, Federal Practice Seminar, April 6, 2016 (co-presenter)
  • “Fifth Third — And Why Stock-Drop Suits Will Live Anyway,” Law360, March 31, 2014 (co-author)
  • “Pretrial Matters/Injunctive Relief,” CLE Presentation, Federal Practice Seminar, February 19, 2014 (co-presenter)
  • “Supreme Court Rules Committee Update,” CLE Presentation, Advanced Civil Appellate Practice Course, September 2013 (co-presenter)
  • “Juries and Technology: Revised Texas Civil Jury Instructions Include Warnings about the Internet and Social Media,” The Advocate, Fall 2012 (co-author)
  • “Rules Affecting Practice from the 82nd Legislature,” CLE Presentation, February 2012 (co-presenter)
  • “The Uncertainty and Unpredictability of the Limitations Period For Claims For Benefits Under ERISA § 502(a)(1)(B),” Bloomberg Law Reports, June 2011 (co-author)