Partner

With over 15 years of experience in fighting on behalf of clients throughout Texas, Kevin Powers utilizes his years of litigation experience to seek out compensation in cases involving business, real estate, and construction litigation matters. Joining the prestigious boutique practice of Burford Perry in 2021, Kevin brings the experience of owning his own law firm for over 13 years where he maintained an active civil litigation docket in state, federal, and bankruptcy courts. Prior to owning his own law firm, Kevin worked for several prestigious regional law firms handling white collar criminal law, bankruptcy, commercial litigation, business disputes, real estate matters, and oil and gas claims.

While assisting clients with matters such as breaches of contract, fraud, property damage, and partnership disputes, Kevin enjoys providing custom and cost-effective solutions tailored to fit his clients’ unique needs. Although the prospect of a lawsuit can be intimidating to many, he strives to provide guidance that is both personalized and effective for every situation.

Kevin graduated from Southern Methodist University in 2000 with a Bachelor of Business Administration in Finance and a Bachelor of Arts in Economics and Political Science as a University Scholar. He then attended Emory University School of Law and gained his license to practice in Texas courts in 2003. He was admitted to the State Bar of California in 2019.  He is also currently licensed to appear before the United States District Courts for the Northern, Southern, and Eastern Districts of Texas. Kevin is Board Certified in Civil Law by the Texas Board of Legal Specialization. Kevin was selected to Texas Rising Stars List by Thomson Reuters (2007, 2016) and Texas Super Lawyers by Thomson Reuters (2022).

When out of the office, Kevin enjoys competing in competitive sports, such as kickboxing and Brazilian Jiu-jitsu, in which he holds the rank of black belt. He and his wife, Carrie, are the proud parents of triplets and reside in the Houston area.

Kevin Powers

Rated by Super Lawyers


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Kevin’s representative matters include or have included:

• Lead trial counsel for purchaser of commercial real estate in a breach of contract and fraud lawsuit. Obtained a $2.9 million jury verdict in favor of client including an affirmative fraud finding against defendants.
• Lead trial counsel for Houston area-real estate developer defending fraud claims asserted by local bank in which the bank accused the client of forging bank documents. Obtained a take-nothing jury verdict after an eight-day trial.
• Successfully defended scrap-trading company against claims for misappropriation of trade secrets and enforcement of non-competition agreement asserted by former employer, which included successfully defeating the plaintiff’s claim for a temporary injunction after a full evidentiary hearing.
• Lead trial counsel for Chinese manufacturer of oilfield pipe and equipment in dispute with Louisiana based pipe storage company claiming partnership and joint venture status with client. Defendants capitulated to client’s demands after cross-examination of defendant’s president on third day of jury trial in federal court.
• Lead counsel for major Chinese manufacturer of oilfield pipe and equipment in breach of contract claim against U.S. based pipe distributor. Obtained favorable seven figure settlement for client.
• Lead trial counsel in wrongful death/premises liability claim for family of a young man stabbed to death at an apartment complex in Bexar County, Texas. Obtained a successful settlement for plaintiffs after the first week of a jury trial.
• Lead counsel for a plaintiff in a jury trial for breach of contract claim related to the sale of publicly traded securities. Obtained $350,000 unanimous verdict and judgment in favor of client.
• Defended the president of a Houston-area real estate developer in a week-long arbitration seeking $4,000,000.00. Obtained a take-nothing award in favor of client.
• Lead counsel of the owner of commercial property for claim for construction defects against builder. Obtained settlement including rescission, complete refund of purchase price, as well as additional damages.
• Lead trial counsel for Houston based plumbing company in claims for non-payment for services rendered. Obtained favorable jury verdict after three-day trial.
• Represented plaintiff in multi-million dollar claims for fraud and breach of fiduciary duty against attorneys and investment advisors relating to investment of client’s fortune. Obtained favorable settlement for client.
• Represented plaintiff physician in lawsuit for declaratory relief and breach of contract against Houston-area, physician-owned hospital. Matter included seeking and obtaining a temporary injunction as well as obtaining summary judgment on issue of first impression under Texas law. Judgment obtained for client ultimately allowed client to obtain $2,000,000.00 in unpaid partnership distributions.
• Represented two clients in $4,500,000 civil enforcement action by the United States Securities Exchange Commission relating to an alleged Rule 10b violation. Handled all discovery, pleadings, and settlement negotiations with the SEC. Assisted in responding to investigation demands of the U.S. Attorney’s Office and New York Attorney General’s Office in parallel criminal proceedings.
• Represented plaintiff in breach of fiduciary duty claim against oil-rig manufacturer’s former director and the director’s wholly owned corporation where defendants artificially prolonged the life of the corporation at the expense of its creditors. Handled all pleadings and discovery in case. Obtained favorable seven figure settlement for client.
• Defended client in $250,000.00 breach of contract, conversion, and breach of fiduciary duty claims involving the misappropriation of the plaintiff’s intellectual property. Handled all matters in litigation including removing case to federal court, composed all pleadings, prepared all discovery including obtaining Rule 37 sanctions against plaintiff. Obtained summary judgment for client on all claims as well as obtaining an award for client’s attorneys’ fees.
• Represented plaintiff in pursuing $1,000,000.00 breach of contract action for defendant’s failure to pay for the re-fabrication of a high-speed oil and gas rig. Obtained settlement in client’s favor for 90% of claim value.

Reported Cases:

• Ingalls v. Edgewater Private Equity Fund III, L.P., 2005 U.S. Dist. LEXIS 45592 (S.D. Tex. 2005)
• Dror v. Mushin, 2013 Tex. App. LEXIS 12090 (Tex.App.—Houston [14th Dist.] 2013)
• Coghlan v. Bennett (In re Bennett), 2012 Bankr. LEXIS 3049 (Bankr. S.D. 2012)
• Floyd v. Am. Block Roland Niles Int’l, Inc. (In re Cooper Mfg. Corp.), 344 B.R. 496 (Bankr. S.D. Tex. 2005).

Bar Admissions:

• State Bar of Texas, 2003
• State Bar of California, 2019
• U.S. District Court for the Southern District of Texas, 2003
• U.S. District Court for the Northern District of Texas, 2008
• U.S. District Court for the Eastern District of Texas, 2017

Education:

• Emory University School of Law, Juris Doctor, 2003
  • 2001 Moot Court Society Special Teams (Top 18 appellate advocates for his class)
  • 2002 Jessup Moot Court Team
    • 2nd Place Overall Southeast Regional Jessup Moot Court Competition
    • 4th Place Brief Overall Southeast Regional Jessup Moot Court Competition
• University of Houston Law Center, Visiting Student, 2002 – 2003
  • 2002 Mock Trial Team
    • 2002 Michigan State National Invitational Mock Trial Competition
• Southern Methodist University, Bachelor of Business Administration in Finance, Bachelor of Arts in Economics and Political Science, 2000
  • University Scholar

Honors and Awards:

• Texas Super Lawyers by Thomson Reuters, 2022
  • Texas Rising Stars by Thomson Reuters; 2007, 2016

Past Employment Positions:

• Porter & Powers, PLLC, Partner, 2009 – 2021
• M. Kevin Powers Attorney at Law, Owner, 2008 – 2010
• Cogdell Law Firm, Associate Attorney, 2007 – 2008
• Munsch Hardt Kopf & Harr, P.C., Litigation Associate, 2003 – 2007

Professional Associations:

• Houston Bar Association
  • Professionalism Committee
  • Administration of Justice Committee
• State Bar of Texas
  • Litigation Section