The Judge and the Advocate: Meet the Lynns

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1 The Judge and the Advocate: Meet the Lynns By Mark Curriden, JD Senior Writer for The Texas Lawbook April 24, 2014 As a Dallas County jury read its verdict in March, Mike Lynn pulled his iphone from his coat pocket and sent one criminal prosecution of Dallas Mayor Pro Tem Don Hill and the Hosam Maher Husein Smadi terrorism case. She is a leading national voice on patent infringement disputes and how they are resolved. We won. $319 million. A few blocks away, U.S. District Judge Barbara Lynn was on the bench in the middle of her own trial when the message arrived. I wanted to be there in court with Mike when he won such a huge victory for his client, she says. Adds Mike Lynn, The only thing that would have made that moment any more glorious is if Barb had been there in the courtroom. Mike and Barbara Lynn are Dallas undisputed legal power couple. of lawsuits in the 1970s that forced Dallas largest law schools. She has shattered numerous gender admitted into the undergraduate program at the to ever chair both the American Bar Association s Litigation and Judicial Sections. Now a U.S. District Court judge, Barbara Lynn has presided over some of the most controversial and important trials in North Texas during the past 15 years, including the Mike and Barbara Lynn The National Law Journal named her one lawyers in the country. Mike Lynn is a pit bull trial lawyer who stunned the legal community two decades ago by leaving the comforts of a large silk stocking destined for senior leadership to start what has become one of the most successful and respected litigation boutiques in Texas. He is currently the lead lawyer in a handful of Transfer Partners in a landmark lawsuit against in the jury awarding Lynn s client at least a $319 million jury verdict, which is the largest judgment ever issued by a state court jury in Dallas. Judge Patrick Higginbotham Barb and Mike are two of the smartest, most talented and ambitious lawyers I have ever met, says Patrick Higginbotham, a judge on the U.S. Court of Appeals for the Fifth Circuit, who has known the couple since they were in law school together at Southern Methodist University in > 1

2 I don t think there s any doubt that Barbara country and should be on the president s short list for the Fifth Circuit or the Supreme Court, Judge Higginbotham says. And Mike is simply one of the best trial lawyers in the country. Dena DeNooyer Stroh Dena DeNooyer Stroh, the general counsel at Murchison Oil and Gas, says the Lynns have made a supporting legal services for the poor and needy and zealously advocating for the future of the jury system. There are no two lawyers in Dallas who are more Lynn and Mike, says Stroh. They give so much of themselves to younger lawyers and to trying to improve our justice system. Or, in the words of Royal Furgeson, the dean at the University of North Texas School of Law and a former federal judge, Mike and Barbara are great lawyers and great Americans. Which One is Dominant Interviewed at their home facing White Rock Lake, the Lynns say they feed on each other s success. A lot of people ask me which one of us is the dominant one in this relationship, says Mike Lynn. Neither of us, or maybe both of us at Judge Lynn adds. Mike will tell me sometimes that I am being an ass. That s true, Mike Lynn interjects, but she says that about me a lot more than I say it about her. Barbara Golden and Mike Lynn met 43 years ago when they were students at the University of Virginia. He was a junior. She was a freshman. women admitted to the historic college. Mike led a very active social life, which included personally meeting most of the women in the freshman class, Judge Lynn told the Dallas Bar Association in 2012 when she was awarded the organization s prestigious Dallas Bar Foundation to meeting me. Lynn Orchestrates a Political Coup one of the oldest and most prestigious clubs at the University of Virginia. Woodrow Wilson and her gender. But Golden had a secret weapon. cabal had left for New Orleans to celebrate Mardi Gras and I knew I had the votes with them gone, I called for a vote [of the remaining members] to change the bylaws to admit women, says Mike Society at the time. That same day, Feb. 12, 1972, Golden was elected as a member by a single vote, according to UVA That no doubt cemented our relationship, says Mike Lynn. There s a plaque on the wall at UVA member. No mention of me, though. I guess it got me married, so that is reward enough. The political coup envisioned and executed by the Lynns was a harbinger of things to come. I asked Barb to marry me while we were there at UVA, he says. She doesn t remember me asking, but it must have taken hold because here we are 40 years later. > 2

3 The couple went to law school at Southern in her class. They were on the SMU mock trial team together with prominent Houston criminal defense attorney Rusty Hardin. We thought we were the best mock trial team ever, says Mike Lynn. The judges apparently disagreed, but we had so much fun. out of law school, says Jim Coleman, one of resume and once we met and interviewed her, we eliminated that policy. And it was one of the best decisions we ever made. Law Firms Sued for Gender Discrimination As her law school days wound down, Lynn and her fellow women classmates noticed that they We had this crazy idea that if we worked hard, did well in law school and demonstrated our Lynn. We noticed that men who graduated well below several of the women in our class were ignoring the female law students. because of my supposed strong connections to New York, even though I had not lived in New York since I was four years old, she says. Lynn and her classmates formed a student group trial. And even though the one case that did go to quickly changed their hiring policies. this very public stand, says Mike Lynn. did okay. Akin Gump hired Mike Lynn. Carrington woman partner. Mike Lynn, Jim Coleman (Carrington Coleman), Judge Barbara Lynn together the summer following Barbara Lynn s graduation from law school but before they went Coleman but had not yet started and Mike was in the same position with Akin Gump, she says. Judge Higginbotham appointed her to represent imprisonment. She asked her husband to join her There Would have Been Blood I m not sure either of us knew what we were of action, Judge Lynn says. Their client won the case when the Fifth Circuit longer than permitted and the Lynns client was awarded damages. > 3

4 in court. Oh no, that would not have been fun, says Mike Lynn. We would have taken each Adds Judge Lynn, There would have been blood. But I really wish we had gotten to try a couple more cases together. From Advocate to Judge Barbara Lynn s career as a trial lawyer blossomed at Carrington Coleman, where she frequently defended large corporations being sued for employment and labor matters. But every once in A good example occurred in 1988 when she represented Fireman s Fund Insurance Company in a business contract dispute against Irving Savings Association, were convicted of criminal U.S. District Judge Barbara Lynn The court awarded her client $7 million in damages. The case was also court admitted as evidence the criminal convictions of the defendants as a means of proving the alleged underlying facts. Lawyers who worked with Barbara Lynn at the The partners held a bowling event for summer clerks while I was there and Judge Lynn lobbied to get the best bowlers on her team, says Stroh. It was all a lot of fun, but she still clearly wanted to win. President Clinton nominated Barbara Lynn to the federal bench in 1999 to replace U.S. District Judge Barefoot Sanders, who had taken senior status. In the past 14 years, the Dallas Bar Association has consistently rated Judge Lynn as one of the fairest and most knowledgeable judges in North Texas. Legal experts point to a 2011 opinion she delivered in a potential securities class action lawsuit brought against Halliburton as clear evidence of In her decision, Judge Lynn ruled that Fifth Circuit precedent required that she decide for Halliburton, but she made it clear that she didn t like it and believed that the Fifth Circuit made it achieve class action status. This was a great opinion because Judge Lynn followed the law as set by the Fifth Circuit, but she also noted how she thought that precedent was wrong or at least too burdensome expert at Haynes and Boone in Dallas. Two years later, the U.S. Supreme Court reversed the Halliburton case, citing Judge Lynn s opinion as its guide in ruling for burdensome Fifth Circuit precedent. The Halliburton case demonstrates that Judge Lynn is certainly brilliant and that she follows precedent, even if she disagrees with it, but that she also possesses great common sense and is able to convincingly share that common sense with her colleagues on higher courts, says Cortell. Any lawyer who has a case before Judge Lynn needs to know her biggest complaint against to her. > 4

5 I ve seen lawyers get their own client s name wrong and some have even misspelled my name, she says. If I m the judge in your case, know that you need to proofread your briefs and know that not only do these mistakes upset me, they cause me to not trust you on other things. Lawyers tell me that these mistakes should not perturb me, but that doesn t change the fact that they do, she says. Mike s Career Course Changes After three years at Akin Gump, Mike Lynn was growing frustrated that he wasn t able to try more cases in court. His mentor, Akin Gump partner Jack Hauer, join the Dallas County District get more trial experience. so few civil cases go to trial. Mike Lynn returned to Akin Gump, where he was elected partner in Barbara Lynn made partner at Carrington Coleman the very next year. A few years later, the couple started a family. They have two daughters. Mike was so committed to saving enough money for our daughters to be able to go to Harvard that he refused to trade in his old silver Toyota Celica with a very leaky sunroof, says Judge Lynn. But Henry Wade refused to hire him because he had no trial experience. When I told Jack that Mr. Wade refused to hire me, he ordered me to go sit outside Mr. Wade s Lynn says. I reported to Mr. and sat there until 5 p.m. for two weeks. Finally, one of Wade s assistants, Doug Mulder, took pity on Lynn and hired him to prosecute cases. Doug took me in to see Mr. Wade, who told me that if I fell below the average conviction rate for two months that he would send me back to Jack as a loser, says Mike Lynn. The experience was invaluable, as Mike Lynn tried more than 50 cases to a verdict. He has now led 98 jury trials to a verdict nearly all of them and he expects later this year to surpass 100 jury trials, which is nearly unheard of today because So, Mike would drive around town having to wear a raincoat in the car to stay dry. In 1993, Mike Lynn did the unthinkable at the time. He quit the security and comfort of Akin A lot of people said I was crazy, says Mike. It was certainly a scary decision to go out on my own. > 5

6 grow to about 50 lawyers over the next few years. With an hourly billing rate of $725 an hour, Lynn and his partners say they provide clients with Lawyers who work with Lynn say that his interviewing skills for potential new hires are unconventional. Mike took me to lunch and I was expecting Fielding, who was an associate in the real estate law section at Baker Botts when he interviewed with Lynn. Instead, Mike starts telling all the downsides to the job and how I probably would not be a says Fielding, who worked with Lynn on the understand why anybody would want to work anywhere else. Mike Lynn has certainly experienced some extraordinary litigation successes. He represented dispute with Samsung, which Lynn says settled very favorably for Alcatel. While the terms of with it say it is the largest corporate trade secret settlement agreement ever reached in a Dallas County court case. Visa International hired Lynn in 1998 to defend the company against charges made by card processing company, that a Visa executive had anonymously posted 437 critical messages $800 million in actual damages and $1 billion in punitive damages. Lynn employed the so what defense. Sure, we did it, but so what? We showed that the postings had no material impact on the market, Lynn says. The jury gave us a complete victory. Inppamet in a $60 million international business lead smelter. The case became newsworthy when Brewer, of improperly hiring a former executive information. The Dallas Court of Appeals has Brewer from the case, which is now on appeal to the Texas Supreme Court. then exploit that weakness completely. Despite his toughness and aggressiveness hearted man I know, says Tillotson. He s an extraordinarily gentle and sentimental father he is personally responsible for them. Tillotson, Fielding and others say that Mike Lynn is constantly throwing out new ideas about strategies in a case. Mike will come up with 100 new ideas 80 of them are okay but just won t work, 15 of them are so crazy and unworkable that even he knows they truly help us win the case, says Fielding. David Coale, an appellate partner at Lynn Tillotson, says Mike Lynn s courtroom style, like Yoda from Star Wars wielding the laser sword. There s a lot of energy and a lot of wild swinging of the sword, but you know he s going to land > 6

7 some strikes that are deadly and win the case, he says. Mike Lynn s biggest courtroom victory came two months ago when he convinced a Dallas jury to potentially an additional $595 million. instantly elevates his reputation among corporate Texas, says Stroh. Lawyers who have tried cases with and against Mike Lynn say his approach is unorthodox and that he can come across as abrasive or overly confrontational in court. says Stroh. I don t need a warm and cuddly lawyer representing me. I want my lawyer to be fearless and loyal, and that is Mike. Please visit for more articles on business law in Texas. 7

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