Emily Adler is an appellate lawyer whose background in trial work brings a unique, common-sense perspective to briefs and oral arguments. Emily’s practice includes dispositive motions and appeals in both state and federal court, as well as assistance at trial with legal issues, pre- and post-trial motion practice, the jury charge, and other appellate issues. She has handled appeals of all types, including mandamus proceedings, interlocutory appeals, and direct appeals following jury trials. Emily has presented oral argument in multiple courts of appeals, including the Texas Courts of Appeals, the Fifth Circuit, the Eighth Circuit, and the Missouri Court of Appeals.

Emily’s recent wins include: reversing a trial court’s decision that her clients’ claims were barred by sovereign immunity in first case to consider whether distribution of personal health data by a municipal hospital constituted a governmental function; obtaining complete affirmance of judgment following jury trial; defending the district court’s decision to remand a class-action suit brought against hospitals using tracking pixels to share patients’ private health information with third parties in the Eighth Circuit; and obtaining affirmance of the trial court’s denial of a special appearance in the Fourteenth Court of Appeals.

EDUCATION

The University of Texas School of Law, J.D. with honors, 2020

• Texas Law Review, Research Editor
• Texas Review of Law & Politics, Chief Articles Editor

The University of Florida, B.A. cum laude in English, 2017

• Phi Beta Kappa

ADMISSIONS

State Bar of Texas

Southern District of Texas

Northern District of Texas

United States Court of Appeals for the Third Circuit

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Eighth Circuit

United States Court of Appeals for the Federal Circuit

 

REPRESENTATIVE MATTERS

• Reversed trial court’s decision that her clients’ claims were barred by sovereign immunity, in case of first impression considering whether distribution of personal data by municipal hospital constituted a governmental function. Doe v. Meritas Health Corp. and Board of Trustee of N. Kansas City Hosp., 732 S.W.3d 207 (Mo. App. W.D. 2026).
• Successfully argued for the trial court to modify its final judgment in favor of her client, following trial in which she handled jury charge and legal issues. Shankar Rajagopalan v. Innova R&D Corp., et al., No. 2022-06457 in Harris County, Texas.
• Secured affirmance of final judgment in appeal raising 7 discrete issues. Justin Carl Pfeiffer v. David H. Berg, et al., No. 01-24-00242-CV in the First Court of Appeals, Houston, Texas.
• In the first ever trial in the Texas Business Court, delivered opening statement and defeated $26 million breach of contract claim against her client, a major U.S. energy company, arising from a declaration of force majeure during Winter Storm Uri. Marathon Oil Co. v. Mercuria Energy America, LLC, Cause No. 25-BC11A-0013.
• Lead appellate lawyer in case of first impression in the Texas Business Court considering whether a Rule 202 Petition constitutes an “action” for purposes of subject matter jurisdiction.
• Defeated $123 million breach of contract counterclaim on behalf of a major energy company arising from force majeure during Winter Storm “Uri” after a jury trial in federal court. Emily also drafted the motion for summary judgment that awarded her client $9.8 million in damages before trial even started.
• Obtained affirmance of the denial of a special appearance in the Fourteenth Court of Appeals. Akerman LLP v. Landry’s Seafood House-Florida, Inc., No. 14-23-778-CV (Dec. 10, 2024).
• Successfully argued in the Eighth Circuit that the Class Action Fairness Act did not permit removal of a class action brought against hospitals who used tracking pixels to share patients’ private health information with third parties, resulting in affirmance of the district court’s remand to state court. John Doe, individually and on behalf of all others similarly situated v. SSM Health Care Corp., No. 23-3138 (Jan. 24, 2025).
• Successfully represented Mid-Main Properties LP in a six-week jury trial involving the construction of a mixed-use apartment building in Midtown Houston. During trial, Emily gave an opening statement, direct- and cross-examined witnesses, and drafted and argued the motion for directed verdict. At the conclusion of trial, the jury awarded her client $32.5 million for its counterclaims. The plaintiff recovered nothing.
• Less than a week after completing a six-week trial, Emily argued a summary judgment motion and obtained dismissal of all claims against her client, an insurance agency.
• Obtained complete defense victory (and sanctions against Plaintiff) in employment case brought against international petroleum loss control company.
• Achieved successful outcome on motion for partial summary judgment in a complex commercial litigation dispute involving the February 2021 Winter Storm “Uri” on behalf of a major energy company. The motion considered legal issues of first impression in the Southern District of Texas.

AWARDS AND DISTINCTIONS

• Super Lawyers Rising Stars (2026-)

LANGUAGES

Spanish

IN THE NEWS

• 5th Circ. Prods Highland-Affiliated Co. On Ex-CEO’s ‘Privity’
• Over Half of the AZA Firm Named on Super Lawyers and Rising Stars 2026 Lists
• AZA Makes New Missouri Sovereign Immunity Law in Case Over Selling Patient Information
• No New Trial For Atty Who Sued For Nassar Scandal Work Pay
• AZA Wins First Texas Business Court Trial
• Texas Business Courts See First Trial
• AZA Wins $140 Million Victory for Houston Bank
• AZA Defeats $123.7 Million Breach of Contract Claim in First Major Winter Storm Uri Natural Gas Trading Jury Trial
• Jury Awards AZA Client Mid Main $32.5 Million in Midtown Construction Case