Stephen J. Huschka

Shareholder

E-mail: shuschka@kesslercollins.comDirect Dial: 214.379.0709Direct Fax: 214.373.4714PDFvCard

Education

Texas A&M University School of Law, J.D. (2015),
  • Texas A&M Law Review: Managing Editor, 2014 – 2015 
University of Texas, Austin, B.A. (2012)
Super Lawyers Rising StarsBest Lawyers Ones to Watch 2023

Stephen is a member of the firm’s litigation group, where he represents clients in complex disputes, trials, and arbitrations. His practice primarily focuses on resolving shareholder, intellectual property, breach of fiduciary duty, and breach of contract disputes. In this role, Stephen has successfully represented companies, officers, directors, accountants, broker-dealers, and other professionals in venues scattered throughout Texas. He also has experience representing individuals and companies under investigation by governmental agencies.

Stephen joined the firm after serving as a Briefing Attorney for the Honorable Justice Mike Willson of the Eleventh Court of Appeals of Texas and as an extern for the Honorable Jane Boyle of the United States District Court for the Northern District of Texas.  During this time, Stephen gained invaluable insight into the deliberations of the state and federal judiciary, which his uses to better serve his clients.

Admissions

  • United States District Court for the Northern, Southern, Eastern and Western Districts of Texas

Professional Recognitions

  • Best Lawyers: Ones to Watch – Commercial Litigation, Intellectual Property Law, and Litigation - Banking and Finance (2023)
  • Recognized as a “Rising Star” for business litigation by Super Lawyers (2019–2022)
  • Recognized as “One to Watch” by the Dallas Association of Young Lawyers (December 2018)

Civic Activity

  • Member, Dallas Association of Young Lawyers Leadership Class of 2019
  • Dallas Association of Young Lawyers
    • Treasurer (2023)
    • Secretary (2022)
    • Board of Directors (2020-present)
    • Co-Chair, Membership Committee (2018-present)
    • Co-Chair, Finance Committee (2017-present)

Publications

  • Stephen J. Huschka, Asserting Civil Claims After Gray v. Skelton: The Evolving Interplay Between Hughes Tolling and Peeler Exoneration, Professional Liability Defense Survey of Law, (2021).
  • Gary S. Kessler & Stephen J. Huschka, Primary Liability After Lorenzo: Can Passing-On the Statements of Another Expose You to Liability for Violations of the Federal Securities Laws?, Professional Liability Defense Quarterly (2020).

Speaking Engagements

  • Panelist, FINRA’s 2022 Priorities: Significant Changes and Emerging Issues Affecting Your Compliance Program, The Knowledge Group, September, 9, 2022.
  • Panelist, Demystifying the Current Landscape of Broker-Dealer Regulation: Hot Buttons Explored, The Knowledge Group, December 1, 2021.
  • Panelist, GPB Class Action and Arbitration Update: The Interplay Between Alternative Investments and Blue-Sky Laws, Independent Broker Dealer Consortium Risk Management Conference, September 13, 2021.
  • Moderator, Ending Rambo Litigation - Embracing an Age of Civility, Dallas Association of Young Lawyers, January 15, 2020.

Representative Securities and Governmental Investigation Matters

  • Representing group of broker-dealers and registered investment advisors in lawsuit seeking recission of $1.8 billion in investments made by a putative class of investors in an alleged Ponzi scheme
  • Represented member firm in connection with FINRA inquiry concerning compliance with SEC Regulation S-P and related cybersecurity and technology governance matters
  • Represented registered representative in connection with parallel investigations conducted by FINRA and the CFPB that arose from the representative’s executing a series of covered calls on stock held in a discretionary account
  • Advised a consortium of shareholders in several California-based entities regarding the feasibility of instituting a Texas derivative shareholder action complaining of certain officers/directors founding a competing company in Dallas, Texas
  • Advised group of shareholders in Texas-based technology company regarding the feasibility of instituting a derivative shareholder action seeking to prevent the sale/transfer of a large swath of restricted securities
  • Represented group of registered investment advisors and broker dealers in connection with a proceeding instituted by a receiver seeking recovery of funds invested in a Texas-based Ponzi scheme
  • Represented a group of registered investment advisors and broker dealers in connection with claims that one-or-more of the same defamed a former registered representative by submitting an amended U5
  • Advised independent wealth management firm with respect to its litigation and asset recovery options in the aftermath of the well-publicized liquidation of the Infinity Q Diversified Alpha Fund
  • Advised compliance advisory group in connection with investigation conducted by the Iowa Attorney General pursuant to the Iowa Consumer Fraud Act
  • Resolved a series of suitability and misrepresentation claims asserted against an associated person for an amount falling beneath FINRA Form U4 and Rule 4530 reporting limits

Representative Banking and Finance Matters

  • Represented institutional lender in prosecuting breach of representation/warranty claims arising from its purchase of the servicing rights to three portfolios holding hundreds of thousands of mortgages
  • Advised institutional lender regarding dispute and multimillion-dollar demand for identification tendered in connection with multiple breaches of a subservicing agreement that governed hundreds of thousands of mortgages
  • Represented commercial appraisal group in connection with $1.4 million dispute alleged to arise from its valuation of certain industrial property located in south Texas
  • Obtained favorable resolution of claims asserted against subprime indirect auto lender by purchaser pursuant to the Federal Trade Commission’s Preservation of Consumers’ Claims and Defenses (Holder in Due Course) Rule while motion for summary judgment was pending
  • Obtained favorable resolution of claims asserted against loan servicing company in connection with alleged wrongful foreclosure of serviced property

Representative Commercial Litigation Matters

  • Represented Carrollton-based manufacturer of custom construction components in multi-million-dollar dispute that arose when a former officer, director, and shareholder founded a competing company
  • Obtained $4 million consent judgment on behalf of investment management firm shortly before trial in connection with allegations that debtor violated qualified non-recourse provisions included in commercial loan agreement
  • Obtained order permitting pre-suit deposition of a representative of a Fortune 100 company to investigate potential claims to be asserted against a third-party for breach of contract, tortious interference, and other commercial torts arising from the attempted purchase of a multi-million-dollar asset
  • Obtained dismissal of Texas litigation instituted against prominent online commercial real estate exchange in connection with contractual commission dispute
  • Obtained multi-million-dollar resolution of condemnation proceeding instituted against Dallas-based business whereby the Texas Attorney General sought to seize a portion of the affected company’s parking lot
  • Obtained dismissal of $2.3 million in third-party claims asserted against a real estate services firm that negotiated and obtained more than $460 million in financing to facilitate the purchase of a north-Dallas investment property
  • Obtained a $400,000 summary judgment on behalf of a professional services company in a breach of contract action
  • Obtained an order setting aside a $4.1 million judgment entered against a discount brokerage firm
  • Obtained an order that significantly restricted the scope of a nonparty subpoena served on a forensic engineering and consulting firm

Representative Intellectual Property Matters

  • Defended companies in a series of business tort and misappropriation of trade secrets lawsuits that were alleged to arise from the recruitment/retention of a competing company’s sales team.
  • Defended two separate Rule 202 petitions filed by a company seeking to conduct a pre-suit deposition of its former president in connection with an anticipated breach of fiduciary duty and theft of trade secrets lawsuit
  • Represented an automotive products developer in a large-scale interstate trademark enforcement action
  • Represented industry-leading designer, manufacturer, and installer of water purification systems in dispute arising from California-based contractor’s unfair business practices, tortious interference, and improper retention of trade secret information
  • Advised a North Carolina company regarding its options to enforce its intellectual property rights against a company located in Austin, Texas
  • Drafted several post-verdict briefs that resulted in a federal judge awarding damages totaling more than twice the amount found by an advisory jury in Lanham Act unfair competition lawsuit

Representative Employment Matters

  • Obtained favorable resolution of two lawsuits brought by former employees against a prominent independent manufacturers’ sales representative that were alleged to arise from unpaid commissions while summary judgment was pending
  • Advised nationwide MEP consulting engineering firm in drafting and revising its employee handbook, as well as various state-specific inserts
  • Obtained a favorable resolution of retaliation-based claims that a purported whistleblower brought against its former employer shortly before final hearing

Representative Construction/Real Estate Matters

  • Obtained favorable resolution of alleged construction defect claims asserted against Dallas-based design professional in connection with the construction of $398,000 fixture days before final hearing
  • Represented Dallas-based real estate development group in connection with extended negotiations and proceedings before the Hawaii State Land Use Commission in connection with planned 800-unit mixed-use housing project located in Maui, Hawaii
  • Obtained favorable resolution of alleged construction defect claims asserted against general contractor in connection with the construction of an $800,000 addition to a large residential property located in Fort Worth, Texas
  • Obtained favorable resolution of claims asserted against a real estate company, as well as an affiliated real estate agent, that were alleged to arise from a failure to disclose pre-closing fire damage to a historic home
  • Advised commercial tenant regarding the effect that a force majeure clause included in its lease agreement had on its contractual obligations during the COVID-19 pandemic

Representative Insurance Litigation Matters

  • Represented a syndicate of underwriters (and a third-party adjuster) against claims arising from the application/calculation of repair costs associated with damage to a large commercial property located in Farmers Branch, Texas

Representative Product Defect Matters

  • Represented well-known utility terrain vehicle assembler and distributor against allegations concerning the subject product’s ability to fulfil its intended use

Representative Personal Injury (Defense) Matters

  • Represented environmental health and safety consulting firm against claims asserted in three separate lawsuits that were alleged to arise from casualty events on a live construction site
  • Represented Arlington-based restaurant in connection with slip-and-fall claims asserted by an alleged patron
  • Represented pyrotechnic display company in connection with claims arising from injuries allegedly suffered by individual attending live event