Kevin Schutte’s practice primarily focuses on general commercial and business litigation at both the trial and appellate court levels, as well as representing clients at arbitrations and other forms of alternative dispute resolutions. His general commercial litigation practice includes representing clients in disputes involving breach of contract, fraud, securities fraud, misappropriation of trade secrets, unfair competition, real estate disputes, trademark and copyright infringements, oil and gas/mineral rights disputes and products liability.
While Kevin handles many types of disputes for clients in a variety of industries, he has particular experience representing banks and other financial institutions with matters concerning mortgage banking, mortgage-backed securities (MBS) litigation, Bank Secrecy Act (BSA), Consumer Financial Protection Bureau (CFPB), Real Estate Settlement Procedures Act (RESPA), Texas and Federal debt collection practices, Fair Credit Reporting Act (FCRA), Gramm-Leach-Bliley Act, data breach/privacy litigation, derivative shareholder disputes and corporate fiduciary duties.
For almost a year, Kevin served as the interim deputy general counsel – litigation for a publicly traded financial institution, primarily focusing on mortgage banking. This experience provided him with the opportunity to understand the role and pressures associated with serving as in-house counsel, and also provided him with boardroom experience addressing some of the most pressing litigation issues facing banks today.
Recent Notable Matters
Bank — bank’s purported involvement in the alleged Ponzi scheme was through the accused Ponzi schemers’ use of the bank’s escrow accounts to hold investors’ funds
Three bank holding company board members — successfully represented in an injunction action to block a shareholders meeting attempting to vote them off the board of directors
Bank — successfully represented in a case involving allegations of security breaches in the bank’s ATM system causing another bank’s customers to incur unauthorized banking transactions
Judgment creditor — received a favorable jury verdict in a fraudulent transfer case on behalf of the client against a former shareholder of a defunct judgment debtor
Branding agency and its client — obtained a take-nothing summary judgment for the clients wherein the plaintiff was seeking to rescind a transaction involving the acquisition of a domain name because the branding agency, its client, and the third-party hired to secure the domain name allegedly used fraudulent means to lower the purchase price
Advertising agency — obtained a take-nothing summary judgment in a multi-million dollar copyright infringement and fraud case involving an allegedly stolen advertising campaign for a national soft drink company
Defendant/counter-plaintiff — successfully represented client in a lawsuit against a software development company arising out of a contract to develop software designed to track prices and financial risk associated with buying and selling crude oil and refined products in Russia and Western Europe
Landlord — obtained a multi-million dollar jury verdict in an environmental contamination case on behalf of the client against tenant
Defendant/counter-plaintiff — successfully represented client against his business partner in a case involving misappropriation of oil and gas interest
Confidential client — achieved a jury verdict on behalf of a client against its former agent for tortious interference with existing contract, conversion of proprietary information, and breach of fiduciary duty after the former agent removed client files in an attempt to compete for the client's business
Publications and Speeches
“To Arbitrate or Litigate – That is the Question,” 42nd Annual TBA Bankers Legal Conference, San Antonio, Texas, April 8, 2016.