Gary Zausmer has over 35 years of experience in litigation and client representation in multiple areas, including contract, fraud, real estate, energy, insurance, regulatory, health, technology, and financial disputes. His trial, arbitration, and appellate record includes the defense, prosecution, and favorable disposition of contract and tort cases in state and federal courts, including published decisions in favor of his clients. Gary also counsels clients on developing litigation success and litigation prevention strategies.
Overview
Gary Zausmer has over 35 years of experience in litigation and client representation in multiple areas, including contract, fraud, real estate, energy, insurance, regulatory, health, technology, and financial disputes. His trial, arbitration, and appellate record includes the defense, prosecution, and favorable disposition of contract and tort cases in state and federal courts, including published decisions in favor of his clients. Gary also counsels clients on developing litigation success and litigation prevention strategies.
Practice Areas
Industry
Experience
- Energy, Environmental, and Real Estate:
- Represented oil production and exploration company in superfund litigation with State of Texas.
- Represented oil company in prosecution of fiduciary duty, alter ego, piercing the corporate veil, and fraud litigation.
- Represented principal in natural gas construction and pipeline company in fiduciary duty litigation and arbitration.
- Represented Texas-based public company in multiple real estate, water rights, contract, construction, and regulatory litigation matters.
- Represented pipeline company in federal court environmental (National Environmental Policy Act) litigation.
- Represented industry and developer clients in defense of citizen suits under environmental statutes.
- Renewable Energy:
- Represented multiple renewable energy companies in real estate, construction, contract, lien, property, permitting, environmental, land use, and easement litigation and disputes.
- Corporate and Partnership:
- Represented businesses and principals in multiple matters involving corporate and partnership disputes, buy-sell disputes, dissolution matters, contract and fraud claims, and fiduciary duty litigation.
- Represented public company and national retailer in dissenters’ rights litigation.
- Insurance:
- Represented policyholders and carriers in coverage analysis, disputes, and litigation involving:
- Directors and Officers Liability policies
- Commercial General Liability policies
- Excess/Umbrella policies
- Non-Subscriber issues
- Builder’s Risk policies
- Pollution exclusions
- Environmental coverage
- Property policies
- Cybersecurity policies
- Advertising Injury coverage
- Employment practices liability policies
- Title Insurance policies
- Represented policyholders in selection of insurance coverages.
- Represented Texas-based employee benefit products insurance provider in litigation involving contract, employment, and tortious interference with contract claims.
- Represented policyholders and carriers in coverage analysis, disputes, and litigation involving:
- Technology, Privacy, Data Breach, and Trade Secret:
- Represented international semiconductor company in various commercial, regulatory, trade secrets, insurance, and manufacturing disputes and litigation matters.
- Represented public technology company headquartered in California in defense of tortious interference with contract and prosecution of theft of trade secrets action brought in the Western District of Texas, Austin Division, and appealed to the United States Court of Appeals for the Fifth Circuit.
- Represented Texas governmental entity in claims and litigation involving technology services contracts.
- Represented Texas-based identity theft protection and data breach mitigation company in privacy, patent infringement, and contract litigation matters.
- Represented Michigan-based company in misappropriation of trade secret and tortious interference with contract litigation.
- Healthcare:
- Represented publicly traded healthcare company in personal injury, insurance, and arbitration disputes and litigation.
- Represented national healthcare consulting company in addressing regulatory business dispute, contract, and appellate matters.
- Financial Institution and Financial Services:
- Represented participating lender in prosecuting breach of contract and fraud claims.
- Represented financial services companies in:
- Commercial litigation
- Wrongful foreclosure litigation
- Receivership actions
- Mortgage litigation
- Represented lenders in contract disputes and litigation.
- Represented financial institution in lender liability/alter ego lawsuit tried in the Waco Division of the Western District of Texas and appealed to the United States Court of Appeals for the Fifth Circuit.
- Products Liability:
- Retained by motor vehicle manufacturer to represent distributors in product liability litigation in Texas, including longest reported civil jury trial in Travis County, Texas District Court history.
- Investigations:
- Represented companies (public and private) and management personnel in investigations, including matters involving:
- Corporate misconduct, ethics, and compliance investigations
- Government and law enforcement investigations
- Management and employment investigations
- Represented companies (public and private) and management personnel in investigations, including matters involving:
- Sports:
- Represented National Football League Club in defense of antitrust, employment, and medical malpractice lawsuit.
- Represented National Football League Club in bond insurance and contract litigation.
- Employment:
- Represented public and private employers and principals in claims and litigation involving:
- Non-compete obligations
- Misappropriation of trade secrets
- Fair Labor Standards Act claims
- Discrimination claims
- Represented public and private employers and principals in claims and litigation involving:
- Class Action:
- Defended national retailer in consumer class-action suit.
- Defended national credit card issuer in consumer class-action suit.
- Defended mortgage company, governmental entities, and transportation companies in collective actions.
- Defended national uniform company in class-action suit.
Distinctions
- Thomson Reuters Super Lawyers®
- Texas Super Lawyer, Litigation, 2008-2024
- BL Rankings, The Best Lawyers in America®
- Commercial Litigation, 2012-2025
- Austin Business Journal, Best of Business Attorneys Award, Commercial Litigation, 2004
Bar Admissions
- Texas, 1979
- U.S. District Courts
- Texas: Western, Eastern, Northern, Southern
- U.S. Court of Appeals
- 5th Circuit
Education
- University of Texas School of Law, J.D.
- University of Michigan, B.A., Political Science, magna cum laude
Associations
- State Bar of Texas
- Antitrust & Business Litigation Section
- Appellate Section
- Business Law Section
- Computer & Technology Section
- Consumer and Commercial Law Section
- Corporate Counsel Section
- Litigation Section
- Austin Bar Association
- Business, Corporate & Tax Section
- Civil Litigation Section
- Labor & Employment Law Section
- General Technology Law Section
- Federal Court Practice and Developments, Program Chair, 2009
- Ultimate Trial Notebook Seminar, Program Co-chair, October 2009
- Ultimate Trial Notebook, Panelist, November 2014
- Ultimate Trial Notebook, Panelist, November 2019
- American Bar Association
- Litigation Section
- Business Law Section
- Tort Trial & Insurance Practice Section
- Federal Bar Association
- Central Texas Chapter
- Past President and Past Vice President
- Central Texas Chapter
Papers, Presentations & Publications
- Greater Austin Chamber of Commerce Business Owners Council presentation: “A Litigator’s Perspective on Protecting your Business Against Litigation,” July 25, 2024
- University of Texas School of Law CLE - 18th Annual Renewable Energy Law Institute – speaker: “Texas Renewable Energy Case Law Update,” January 31, 2023
- University of Texas School of Law CLE - 17th Annual Renewable Energy Law Institute – speaker: “A Litigator’s Guide to Preventing Litigation and Protecting your Business Once you are in it,” February 1, 2022
- Trends in Privacy Breach Litigation, State Bar of Texas Convention, June 2011
- Ethical Traps & Considerations in Business Tort Cases, State Bar of Texas Business Torts Institute, October 2009
- Federal Court Removal and Remand Practice Traps, San Antonio Bar Association
- Attorney-Client Privilege and Attorney Work Product Doctrine for In-house Counsel, numerous Client Presentations
- Corporate Representative Depositions, Client Presentations
- Texas and National Litigation Trends, in-house presentations
- Sarbanes Oxley Issues for In-house Counsel, Client Presentation
- Drone and Privacy Legal Issues, Inn of Court Continuing Legal Education Presentation
- Federal Court Effective Civil Motion Practice, Travis County Women Lawyers' Association Seminar Presentations, Austin, Texas
Civic Involvement
- Federal Court Attorney Admissions Committee for the Western District of Texas, Austin Division, Chair, 2004–present
- Western District of Texas Attorney Disciplinary Committee, 2007–present
- Fifth Circuit Bar Association
- Robert W. Calvert Inn of Court, 2004–present, Master
- Anti-Defamation League Austin Region Torch of Liberty Dinner, Co-Chair, 2008
- Anti-Defamation League Austin Region Jurisprudence Award Luncheon
- Chair, 2009
- Co-Chair, 2013
- Anti-Defamation League Austin Region, Chair, 2016–2017
- Make-A-Wish Central & South Texas
- Governing Board of Directors
- Director 2014–2015
- Greater Austin Chamber of Commerce