Zack C. Ewing
Overview
Zack Ewing is a litigation partner and trial lawyer in Kirkland’s Austin office. He wins high-stakes business disputes in state and federal courts across the country, with a practice spanning corporate governance, fiduciary duty, breach of contract, trade secret, restrictive covenant and M&A litigation. Outside the courtroom, executives and boards turn to him to handle their most sensitive and urgent compliance, risk and pre-litigation issues. A trusted strategist, clients rely on Zack’s litigation experience when negotiating deals — he has advised on more than 40 transactional matters in the past year. His courtroom wins have earned multiple recognitions in The American Lawyer’s “Litigator of the Week” column.
Zack is a leading voice on the newly formed Texas Business Court. He helped secure the Court’s first-ever merits decision — a landmark ruling Bloomberg Law called a “milestone.” He has achieved multiple victories in the Court since, and he authors a widely read Texas Lawbook column that tracks the Court’s evolving jurisprudence.
Zack regularly represents clients in employment disputes and emergency proceedings. He has obtained TROs and injunctions across the country in trade secret misappropriation cases, fraud schemes and non-compete enforcement actions — filing suit to prevent violations of restrictive covenants, enforcing non-competes against departing employees launching competing ventures, performing forensic investigations to detect and remediate misappropriation, and defending executives and startup founders against claims brought by former employers.
Experience
Representative Matters
Texas Business Court and State Court Litigation
- Trial counsel for Primexx Energy Corporation in the Texas Business Court in a $200+ million drag-along sale dispute. Secured summary judgment in the Court’s first-ever merits decision.
- Lead trial counsel for Summit Carbon Solutions, LLC in the Texas Business Court. Won dismissal of all claims.
- Trial counsel for Ryan Specialty in multiple Dallas County state court actions defending against trade secret, tortious interference, and conspiracy claims. After securing summary judgment in one action, remaining lawsuits settled favorably.
- Lead counsel for Midcoast G&P (East Texas) L.P. and M6 Midstream LLC in a Harris County state court dispute involving energy contracts.
- Counsel for tax advisor in Travis County state court asserting non-compete claims against a former partner. Obtained injunction.*
- Counsel for startup founders in Travis County state court defending against non-compete and trade secret claims. Asserted counterclaims for breach of fiduciary duties, resulting in dismissal of claims and favorable monetary settlement for clients.*
Complex Commercial Litigation
- Trial counsel in busted-deal litigation in Delaware Chancery Court for Antin Infrastructure Partners. Secured judgment after expedited bench trial.
- Trial counsel for Mechanix Wear LLC in California federal court. Secured TRO prohibiting former employee from misappropriating trade secrets and ordering device inspection.
- Counsel for Centuri Group, Inc. in Nevada federal court defending against employment claims by former executives alleging breach of a "Change in Control" provision.
- Counsel for former startup executives in confidential dispute asserting claims for wrongful reclamation of over $300 million worth of equity through sham investigation and breach of equity agreements.
- Lead counsel for confidential private equity firm enforcing restrictive covenants against a former executive who launched a competing fund in violation of his agreements. Achieved favorable settlement forfeiting former employee’s equity.
- Counsel for confidential private equity portfolio company in connection with nearly $40 million in losses caused by a service provider's failure to perform on thousands of now-time-barred claims.
- Pre-litigation counseling to private equity portfolio company holding minority interest in energy pipeline. Obtained pre-suit settlement with client selling minority interest for over $1 billion.
- Lead counsel for title company in Austin federal court. Obtained emergency TRO and injunction in $35 million fraud scheme.*
*Representation occurred prior to joining Kirkland
Clerk & Government Experience
Judicial ClerkHonorable Juan R. SanchezUnited States District Court for the Eastern District of Pennsylvania2015–2017
Prior Experience
O’Melveny & Myers LLP
Dickinson Wright PLLC
Corps Member, Teach for America (Houston ISD)
Pro Bono
Created a first-of-its-kind partnership between the Firm and the University of Texas School of Law enabling law students to argue federal appellate cases. The collaboration produced a precedent-setting, published opinion from the Fifth Circuit in a prisoner’s civil rights case, clarifying standards for summary judgment and motions to dismiss.
Briefed and argued Third Circuit appeal asserting constitutional challenge on behalf of indigent criminal defendant.
Obtained U-Visa immigrant status for abuse survivor who assisted law enforcement in the prosecution of criminal activity.
Obtained legal status for unaccompanied immigrant child.
More
Thought Leadership
Publications
Author, “A Review of March’s Texas Business Court Decisions,” The Texas Lawbook, April 2026
Author, “A Review of February’s Business Court Decisions,” The Texas Lawbook, March 2026
Author, “Business Court: January 2026 Decisions,” The Texas Lawbook, February 2026
Speaking Engagements
Panelist, “Depositions: Preparing for Them and Using them at Trial,” Central Texas Federal Bench Bar Conference, February 28, 2025
Panelist, “Litigation 101,” University of Texas Law School, October 28, 2024
Panelist, “Introduction to Litigation,” University of Texas Law School, September 14, 2023
Teaching Experience
Teaching Assistant, “Introduction to Business Law,” Temple Fox School of Business, 2015–2017
Recognition
Recognized in “Litigator of the Week” column by The American Lawyer Litigation Daily for securing the Texas Business Court’s first merits decision on behalf of Primexx Energy Corp., 2025
Recognized in “Litigator of the Week” column by The American Lawyer Litigation Daily for trial victory in Delaware Chancery Court on behalf of Antin Infrastructure Partners, 2023
Credentials
Admissions & Qualifications
- Texas
- California
- Pennsylvania
Courts
- United States District Court for the Central District of California
- United States District Court for the Eastern District of Texas
- United States District Court for the Northern District of Texas
- United States District Court for the Southern District of Texas
- United States District Court for the Western District of Texas
Education
- University of Pennsylvania Carey Law SchoolJ.D.
- Texas A&M UniversityB.A., English