burch-alexander

Alexander D. Burch

Associate
Baker & McKenzie LLP

Biography

Alexander Burch is a member of Baker McKenzie's Litigation and Government Enforcement Practice in Houston and the Global Dispute Resolution Group. He has extensive appellate litigation experience before the United States Fifth Circuit Court of Appeals and Texas appellate courts.

Alexander previously served as a briefing attorney to Justice Phil Johnson of the Supreme Court of Texas and is a former officer of the United States Marine Corps.

Practice Focus

Alexander's practice is focused on civil trial and appellate litigation. He is highly experienced in representing clients in oil field services, power-generation, product-liability, construction-contract, and personal-injury and wrongful-death matters.

Representative Legal Matters

  • Obtained a favorable plaintiff’s jury verdict and judgment of over USD 72 million for a publicly-traded energy-services client in a six-week trial on claims for breach of fiduciary duty, fraud, and conspiracy in a case involving an extensive oilfield kickback scheme relating to hundreds of millions of dollars in international transactions. As lead appellate counsel, defeated two separate mandamus petitions that resulted in a favorable appellate opinion rejecting a defendant’s Fifth Amendment privilege assertions and affirming an order compelling the discovery of key evidence in the case.  

  • Manage extensive personal-injury and wrongful-death litigation docket for oil rig operator in numerous cases filed in Texas, Oklahoma, and New Mexico. Routinely investigate claims, address indemnity and defense issues under the Texas Oilfield Anti-Indemnity Act, and prepare cases for resolution at trial or mediation.

  • Defended on appeal a trial court's dismissal of a software products and services contract dispute on the parties' contractual forum-selection clause. The court of appeals, relying solely on the briefing, rejected the appellant's arguments and affirmed the trial court's enforcement of the forum-selection clause and case dismissal.

  • Successfully defended on appeal a USD 4 million judgment in favor of the client, in a breach of warranty and product liability action brought against a manufacturer of casing connections which failed during hydraulic fracturing operations of the client's horizontal well. Based on the appellate briefing, the court of appeals unanimously rejected each of the several complex issues raised by the appellant.

  • Successfully defended on appeal the summary dismissal of a personal injury action brought against a client manufacturer involving product liability claims to multi-piece wheel assemblies installed on a commercial tractor.

  • Obtained favorable opinion from the Supreme Court of Texas reversing lower appellate court's opinion and clarifying law regarding Texas municipality immunity from suit. The Supreme Court's reversal saved the client's payment dispute against the City of San Antonio relating to the installation of pollution control devices at a city-operated, coal-fired power plant.
  • Obtained summary dismissal of action against an airline involving contract claims related to the airline's frequent-flyer program and successfully defended the district court's judgment on appeal to the United States Court of Appeals for the Fifth Circuit.

  • Obtained a reversal in Texas appellate court from the trial court's dismissal on jurisdictional grounds of the client's USD 1 billion tax valuation dispute. The result reinstated the client's dispute for consideration on the merits.

  • Defended Texas state agency on appeal before the United States Fifth Circuit Court of Appeals, in an employee's qui tam action under the Federal False Claims Act. Drafted appellate briefing that resulted in the court affirming the district court's judgment for the agency and an opinion clarifying state agency liability under the False Claims Act.

  • Represented a home healthcare organization before the Supreme Court of Texas in a case involving breach of a statutory settlement agreement. Successfully obtained a reversal of the court of appeals' opinion and judgment through persuasive appellate briefing.

  • Represented Federal Deposit Insurance Corporation in defense of permissive appeal. Successfully obtained appellate court's denial of permissive appeal. Represented a medical device manufacturer in a wrongful death case. Prepared appellate briefing in interlocutory/accelerated appeal under Texas Medical Liability Act. Case settled favorably while on appeal.

Professional Associations and Memberships

  • American Bar Association
  • Houston Bar Association

Admissions

  • U.S. District Court, Northern District of Texas~United States (2013)
  • U.S. District Court, Southern District of Texas~United States (2013)
  • U.S. Court of Appeals, Fifth Circuit~United States (2012)
  • U.S. District Court, Western District of Texas~United States (2012)
  • Texas~United States (2010)

Education

  • St. Mary's University School of Law (JD) (2010)
  • Texas A&M University (BA) (1997)