Russ Falconer, P.C.

Prior to joining Kirkland, Russ was involved in the following representative matters:

• Lead counsel to the Lockton Companies, obtained a precedential decision from the U.S. Court of Appeals for the Eighth Circuit upholding the enforceability of Lockton’s contractual rights against former producer members and awarding Lockton 100% of its attorneys’ fees (more than $9 million).
• Lead counsel to Lockton, obtained a highly favorable confidential settlement after three days of a jury trial against a competing insurance brokerage firm and six former Lockton producer members.
• Lead counsel to Keurig Dr Pepper, obtained dismissal on the pleadings of a nine-figure breach-of-contract dispute with a vendor.
• Obtained dismissal on the pleadings for Nestle USA of antitrust claims brought by X Corp. arising out of online advertising on Twitter.
• Obtained summary judgment for Vistra Corp. in Texas state court in a dispute with a natural-gas supplier arising out of Winter Storm Uri.
• Lead counsel to Baylor University, obtained a complete dismissal under Rule 12(b)(6) of a putative class action challenging Baylor’s use of online learning in the early stage of the COVID-19 pandemic.
• Briefed and argued a successful plaintiff’s side motion for summary judgment on liability for Keurig Dr Pepper against BA Sports Nutrition LLC (the manufacturer of Bodyarmor sports drink) and the Coca-Cola Company that was recognized by The Texas Lawbook as its 2022 Business Litigation of the Year.
• Represented Vistra Corp. in litigation in state and federal court in California relating to the Moss Landing Battery Energy Storage Facility.
• Represented Truck Insurance Exchange, obtained a unanimous victory before the U.S. Supreme Court in Truck Insurance Exchange v. Kaiser Gypsum Co., 144 S. Ct. 1414 (2024).
• Obtained a preliminary injunction allowing Delta Air Lines to continue operating at the Dallas Love Field Airport. Successfully defended the preliminary injunction on appeal to the Fifth Circuit.
• Member of the trial team that successfully represented a major electricity generator in a bench trial of a Clean Air Act citizen suit. Obtained a complete trial win on all claims and a post-judgment award of $6.4 million in attorneys’ fees.
• Lead counsel for Delta Air Lines, obtained dismissal under Rule 12(b)(6) and successfully defended that dismissal on appeal in a case challenging Delta’s cargo ban on African big-game hunting trophies.
• Represented Facebook and Oculus as appellate counsel at trial and in post-trial proceedings after a $500 million adverse jury verdict. Persuaded the district court to set aside $250 million of the verdict.