John Zavitsanos is a widely regarded trial lawyer who loves trying cases and loves winning. He has achieved success for a multitude of clients – both defendants and plaintiffs, from big energy companies to lone whistleblowers battling the odds.
He has tried more than 75 cases to verdict in litigation that runs the gamut: financial services, oil and gas, construction, complex commercial disputes, director and officer liability, non-compete and trade secret disputes, and defamation/business disparagement. He is the primary author of O’Connor’s Texas Rules * Civil Trials 2018, the premiere civil trial rules guide for Texas lawyers and judges.
He has learned from every jury trial by surveying the jurors after the case and learning what conventional wisdom has outlived its usefulness. That’s a lot of input since even just recently he tried five cases in 2017 and six more by September of 2018.
And his willingness – delight, actually – at trying a case with confidence has impressed numerous heavyweight clients. As one happy customer put it, “I find that many large law firms are willing to capitulate too quickly and pressure me to settle too soon.” He said he knows that Mr. Zavitsanos is “serious about going to trial.”
Mr. Zavitsanos’ considerable talents have been recognized by every possible legal rating service. For 14 consecutive years, he’s been listed by Best Lawyers in America. He’s recognized for his General Commercial Litigation work in Texas by the highly respected Chambers USA: America’s Leading Lawyers for Business, published by London-based Chambers and Partners. He was also named a Benchmark Litigation Star in 2016-2019.
He has achieved the highest possible peer rating, AV Preeminent, by Martindale-Hubbell, the premier legal directory, for his Business Litigation practice. He’s been named by his peers as one of the top 100 Texas Lawyers on the annual Texas Super Lawyers list for the past nine years. And he is board certified in civil trial law by both the Texas Board of Legal Specialization and the National Board of Trial Advocacy, an accomplishment held by less than 2 percent of all practicing lawyers in the state of Texas.
Mr. Zavitsanos co-founded the firm with Joe Ahmad in 1993 in a creaky building with a leaky roof. From that beginning, they built a firm that was dubbed a “Texas Powerhouse” by the national online legal publication Law360.
In growing his firm to more than 40 lawyers, Mr. Zavitsanos has hired carefully. Many on his hardworking team are self-made people like himself, who had to work their way through school and managed to graduate from some of the best law schools in the country.
Early on, it was clear that Mr. Zavitsanos would be a trailblazer. In 1998, he tried to verdict what is believed to be the first same sex harassment case, recovering more than $1 million in damages and fees for his client. In 2002, he won a month-long business tort case involving 1,000 exhibits that he managed to turn into a “paperless” trial by using the latest technology. It was the first such complex 100 percent paperless case in the Dallas district courts.
Since then, the firm has stacked up increasingly bigger wins in disputes involving hundreds of millions or billions of dollars. A particularly tangible example of the firm’s success came in 2009 when the general counsel of National Oilwell Varco, a company that had lost a trial to Zavitsanos a year earlier, hired the firm. “It was the first and only time I’ve ever hired a law firm that had beaten us in court,” the GC said.
These are some of the results of Mr. Zavitsanos’ cases:
- In 2018, Mr. Zavitsanos successfully represented Dr. Steven Hotze, part owner of a large energy-sector family business, in a complicated dispute involving allegations of fraud, securities violations, and breaching of fiduciary duties with potential costs of up to $30 million. After a five-week trial and a 65-page jury charge with 45 questions, the jury came back with a total defense victory for Mr. Zavitsanos’ client.
- In 2017, Mr. Zavitsanos successfully tried a breach of contract and bad faith insurance case for client Prime Natural Resources which owned an offshore oil well damaged in Hurricane Rita. After six weeks in trial, AZA obtained a $41.6 million jury verdict against certain underwriters at Lloyd’s, London, that included $27.3 million in punitive damages and $10.9 million for bad faith. The case was one of the top 100 2017 verdicts in the nation according to the National Law Journal.
- In 2016, Professional Janitorial Services of Houston hired Mr. Zavitsanos to end a nearly 10-year-old case against a union that lied about the cleaning business and cost the company to lose business. He stopped the stalling, got it to trial within a month and obtained a judgment of almost $8 million. This was the first case in the country to successfully go through a full trial that called into question the heavy handed tactics of SEIU, one of the three largest unions in the U.S.
- In 2016, Mr. Zavitsanos represented a client sued by the trustee for a bankrupt company who decided to drop his lawsuit against AZA’s client after watching his expert witness cross examined by Mr. Zavitsanos. The legal dispute that never got to the jury even though it was three weeks into the trial involved a series of shopping centers and other properties worth more than $30 million and the question was whether company assets were divested improperly by AZA’s client.
- In 2015, National Oilwell Varco was sued for $120 million by eight former employees claiming they were treated differently because of their race. Mr. Zavitsanos was hired after his client offered a substantial settlement that was refused. Instead he got on a take nothing verdict for NOV in this hard-fought case in which plaintiffs were represented by high-profile civil rights lawyer Angela M. Alioto of San Francisco’s Law Offices of Mayor Joseph L. Alioto and Angela Alioto.
- In 2014, Enterprise Products Operating LLC hired Mr. Zavitsanos in a $45 million pipeline case when it became clear this case was going to trial. He and AZA replaced a BigLaw firm. He immediately shifted the pre-trial strategy to focus on destroying the defenses arising out of the failed construction of underground pipelines designed to carry gasoline and other products. AZA successfully settled the case on favorable terms for its clients less than two months before trial.
- In 2014, Mr. Zavitsanos and partner Elizabeth Fletcher won a take-nothing verdict from a Harris County jury for a Houston businesswoman, defeating multi-million dollar claims that she had received money from allegedly fraudulent commercial property sales.
- In 2013, Mr. Zavitsanos represented Plains All American Pipeline in a pipeline dispute with BP Oil Pipeline Company in which BP had obtained summary judgment against Plains before AZA got involved in the case. With colleague Lizzie Fletcher, Mr. Zavitsanos petitioned for reconsideration, got the summary judgment reversed, and won summary judgment for Plains, obtaining substantial attorneys’ fees for Plains for defending the lawsuit.
- In 2013, Mr. Zavitsanos prevailed for a client with $115 million at stake in an energy sector lawsuit filed by more than 100 oil and gas producers. He represented Plains All American Pipeline after SemCrude, a major midstream oil and gas company, filed for bankruptcy in 2008 without paying the oil and gas producers who sold to SemCrude in the preceding months. AZA participated in over 225 depositions in the case and convinced a key opponent to drop out just before a summary judgment hearing.
- In 2012, Mr. Zavitsanos with partner Todd Mensing and firm attorneys Elizabeth Pannill Fletcher and Jane Robinson, garnered a defense win for Mistras Group Inc. in federal court by not only beating a competing company that sought $8 million in damages and was awarded nothing, but by also getting the trademark at issue dissolved. AZA lawyers won over both the judge and jury. It was the judge who granted Mistras the win on the $8 million trademark claim and the jury that found the mark was generic or descriptive.
- In 2011, Mr. Zavitsanos and Elizabeth Pannill Fletcher secured a defense verdict for Mistras Group Inc. following a trade secret case that included an award of $750,000 in attorneys’ fees. Mistras, a New Jersey-based company that assesses the safety of large corporate and infrastructure components such as refineries and bridges, was wrongly accused by Texas-based Sentinel Integrity Solutions of interfering with an employment agreement and obtaining confidential information when it hired a former Sentinel employee. According to Texas Lawyer’s verdict list, this was the fourth largest defense win in Texas in 2011.
- In 2011, Mr. Zavitsanos, along with Todd Mensing of the Firm, represented a man defamed by The Fort Bend Star and a reporter at the paper and won both in an interlocutory appeal and a jury verdict. In this case the Houston Court of Appeals unanimously affirmed the trial court’s denial of the Fort Bend Star’s Motion for Summary Judgment and rejected the Star’s argument that Texas should expand the “limited purpose public figure” doctrine. The jury later returned a remarkable $1.1 million verdict for the client over an article that made false allegations about his behavior and falsely claimed his father, a law enforcement officer, covered for him.
- In 2008, Mr. Zavitsanos was retained in a $40 million “bet the company” case involving claims brought against A&B Valve and Supply, an oilfield supply company by National Oil Well Varco. He was hired three months prior to the scheduled trial date. Shortly before Zavitsanos was hired, the trial court had entered a temporary injunction prohibiting A&B from doing business with a substantial number of its customers. This resulted in millions of dollars of losses. Within thirty days of being hired, Zavitsanos successfully obtained a writ of mandamus against the trial court and reversed the temporary injunction. They then proceeded to trial in March 2008. After five weeks of evidence, the jury returned a verdict in favor of Zavitsanos’ client on all claims. This case received national and international attention and was featured in the National Law Journal, the Texas Lawyer, and over 25 newspapers around the world.
- In 2007, Mr. Zavitsanos was the lead trial counsel in a three-week trial involving a $150 million contractual dispute about a jointly owed offshore gas pipeline. Following a successful decision in favor of the Firm’s client, the plaintiff immediately launched settlement discussion and resolved the dispute by paying a substantial amount to Zavitsanos’ client in exchange for the acquisition of certain assets.
- In 2005, Mr. Zavitsanos was one of the lead attorneys representing over 63 plaintiffs in an accounting malpractice jury trial involving over $30 million in actual damages. The case was covered by the national media extensively. Shortly after trial began, the defendant settled for a confidential amount.
- Mr. Zavitsanos was statewide counsel for Mercedes-Benz USA for more than 25 year starting in 1990. During this time, Mr. Zavitsanos tried a number of cases to verdict and never lost a jury trial defending Mercedes-Benz.
- In 2003, Mr. Zavitsanos represented a national pharmacy company as a plaintiff in a significant breach of contract case. Following the completion of the evidence, the defendant agreed to settle the case for 95% of the damages and attorney’s fees incurred by Mr. Zavitsanos’ client.
- In 2002, Mr. Zavitsanos was the lead lawyer for the defense in an $8 million business tort case. The trial lasted over one month and included over 1,000 trial exhibits. Because of the voluminous number of documents and witnesses, Mr. Zavitsanos and his trial team utilized the latest technology to present the case to the jury. The trial was completely “paperless.” Immediately prior to trial, Mr. Zavitsanos’ client offered nearly $1 million to settle the case, which the plaintiff company rejected. Following the month- long trial, the jury found in favor of his client on every single claim.
- In 2001, Mr. Zavitsanos obtained a seven-figure jury verdict against a publicly traded company in a fraud claim brought by the company’s former director of Mergers and Acquisitions.
- In 1997, Mr. Zavitsanos defended a Fortune 100 chemical company in a multimillion-dollar toxic exposure case. The plaintiff claimed that he was completely disabled due to being exposed to toxic substances. The plaintiff’s “bottom line” settlement demand was over $4,000,000. The case went to trial and, following the cross examination of the plaintiff by Mr. Zavitsanos, the case settled for a small fraction of the plaintiff’s final demand and the amount that Mr. Zavitsanos had offered more than 18 months previously.
- In 1996, Mr. Zavitsanos was the lead trial lawyer on behalf of seven police officers who filed suit alleging that they were terminated because of their political expression. The case was followed nationally by a number of police organizations and, following a successful appeal; it is now considered one of the leading decisions in this area of the law. Brady v. Fort Bend County, 145 F.3d 691 (5th Cir. 1998).
- In 1995, Mr. Zavitsanos represented an oil and gas limited partnership that was a defendant in a suit involving allegations of fraud and breach of fiduciary duty. The plaintiff sought $8 million in damages against Mr. Zavitsanos’ client and several other defendants. Following a lengthy jury trial, Mr. Zavitsanos’ client was exonerated on all counts, even though the other defendants were found liable.
Mr. Zavitsanos’ fast paced trial practice has not stopped him from finding time to serve his community. Mr. Zavitsanos is a member of the national council of the Order of St. Andrew. Mr. Zavitsanos was recognized as an Archon of the Ecumenical Patriarchate of the Greek Orthodox Church in 2004. An Archon is the highest honor that can be bestowed upon a member of the laity within the worldwide Greek Orthodox Church. There are fewer than 750 Archons in the United States. In 2014 he was on a five-lawyer international team that represented the Ecumenical Patriarchate in the European Court of Human Rights in Strasbourg, France. The Ecumenical Patriarchate successfully sued the government of Turkey and reclaimed an orphanage it had owned since 300 A.D. just outside of Istanbul. The victory over this largest wooden structure in all of Europe was unanimous and precedent setting.
He has served as a board member of the Houston Lawyer Referral Service and has worked on a number of pro bono cases over the years, including working on a prisoner abuse case that involved (at that time) one of the largest settlements with the state of Texas in Texas history for a single plaintiff. Mr. Zavitsanos also was a board member of the Menil Art Museum’s Byzantine Fresco Chapel in Houston. Mr. Zavitsanos has been married for over 25 years and has four children.
Prior to forming the firm in 1993 with Joseph Ahmad, Mr. Zavitsanos was with the Houston office of Baker & Botts, L.L.P. in their trial department. While at Baker Botts, Mr. Zavitsanos tried many cases and obtained a verdict in excess of $1 million as lead trial counsel during only his third year of practice.
IN THE NEWS
AZA’s $20M Take-Nothing Verdict for National Oilwell Varco Stands on Appeal
AZA Wins Rare $2 Million Attorneys’ Fees Award for Defendants
Dr. Steven Hotze and Two Brothers Win Take-Nothing Verdict in Family Business Dispute
Texas Super Lawyers Again Honors Nine AZA Lawyers; Two Are Tops in State
AZA Lawyers Named Among Nation’s Best for Commercial, Patent Litigation and Appellate Law
National Oilwell Varco Wins $12 Million After Discovering Ex-Employees’ Fraud
AZA Partner John Zavitsanos Organizes Summit on Religious Freedom
AZA Ranked Again Among Top Texas Commercial Litigation Firms by Prestigious Chambers USA
AZA Scores One of the Nation’s Top 100 Verdicts of 2017
Former NOV Employee Begins Serving Prison Term for Felony Theft
AZA Obtains Judgment for Apache Corp. in Fraud Suit
US Supreme Court Won’t Overturn NOV Win in $120M Discrimination Suit
AZA Lawyers Zavitsanos, Robinson to Co-Author 2018 Issue of Essential Trial Guide O’Connor’s Texas Rules * Civil Trials
Prime Natural Resources Wins $41.6 Million in Wellsure Insurance Dispute
WSJ: Texas Union Fights to Stay in Bankruptcy after Losing Defamation Case
AZA Lawyer Zavitsanos Tells Newspaper How Social Media Aids in Jury Selection
Houston Janitorial Service Wins $7.8 Million from Union Over Disparagement
AZA Wins Sanctions Order Against Wells Fargo in Securities Fraud Lawsuit
Bankruptcy Trustee Dismisses Case After Expert Fails On Cross Examination
- Loyola University of Chicago (B.S., magna cum laude, 1984)
- University of Michigan (J.D., 1987)
HONORS & DISTINCTIONS
- Board Certified, Civil Trial Advocacy Specialist by the National Board of Trial Advocacy
- Board Certified, Civil Trial Law, Texas Board of Legal Specialization
- Who’s Who in American Law
- Million Dollar Advocate Forum
- The Best Lawyers in America, 2006-2019
- Leader in Texas General Commercial Litigation in the 2014- 2018 editions of Chambers USA: America’s Leading Lawyers for Business
- Benchmark Litigation Star in 2016-2019
- Texas Super Lawyers, 2003-2019
- Top 100 Texas Lawyers, 2011-2019
- Top 100 Regional Business Litigators, 2007-2016
- Outstanding Lawyers of America, 2003 – present
- Litigation Counsel of America, Fellow
- Texas Bar Foundation Fellow
- Who’s Who in Energy, 2011-2014
- College of the State Bar of Texas, 2005
- Top Rated Lawyers®-AV® Preeminent
- In re M-I L.L.C., 59 Tex. Sup. J. 888 (Tex. 2016)
- Gessner Eng’g, LLC v. St. Paraskevi Greek Orthodox Monastery, Inc., 2016 Tex. App. LEXIS 12473 (Tex. App. Houston [1st Dist] 2016)
- Finserv Cas. Corp. v. Transamerica Life Ins. Co., 2016 Tex. App. LEXIS 11416 (Tex. App. – Houston [14th Dist.] 2016)
- In re Crestline Direct Fin., L.P., 2016 Tex. App. LEXIS 10712 (Tex. App. Houston [14th Dist.] 2016)
- ConocoPhillips Co. v. Noble Energy, Inc., 462 S.W.3d 255 (Tex. App. Houston [14th Dist.] 2016)
- BP Oil Pipeline Co. v. Plains Pipeline, L.P., 472 S.W.3d 296 (Tex. App. Houston [1st Dist.] 2015)
- Gudger v. CITGO Petroleum Corp., 574 Fed. Appx. 493 (5th Cir 2014)
- Klentzman v. Brady, 456 S.W.3d 239 (Tex. App. Houston [1st Dist.] 2014)
- In re M-I L.L.C., 2014 Tex. App. LEXIS 12024 (Tex. App. Houston [14th Dist.] 2014)
- Rapid Settlements, Ltd. v. Settlement Funding, LLC, 2014 Tex. App. LEXIS 9320 (Tex. App. Houston [14th Dist.] 2014)
- In re Sugarland Anesthesia PLLC, 2013 Tex. App. LEXIS 14968 (Tex. App. Houston [14th Dist.] 2013)
- Sentinel Integrity Solutions, Inc. v. Mistras Group, Inc., 414 S.W.3d 911 (Tex. App. Houston [1st Dist.] 2013)
- Best Auto v. Mercedes-Benz USA, LLC, 2013 Tex. App. LEXIS 4844 (Tex. App. Dallas [5th Dist.] 2013)
- In re Citgo Petro. Corp., 2013 Tex. App. LEXIS 1899 (Tex. App. Waco [10th Dist.] 2013)
- Opuiyo v. Houston Auto M. Imps., Ltd., 2011 Tex. App. LEXIS 58 (Tex. App. Houston [14th Dist.] 2011)
- 1993 GF P’ship v. Simmons & Co. Int’l, 2010 Tex. App. LEXIS 8903 (Tex. App. Houston [14th Dist.] 2010)
- Macy v. Waste Mgmt., 294 S.W.3d 638 (Tex. App. Houston [1st Dist.] 2009)
- Klentzman v. Brady, 2009 WL 5174369 (Tex. App. Houston [1st Dist.], December 31, 2009).
- Amschwand v. Spherion Corp 505 F.3d 342 (5th Cir 2008) cert. denied, 128 S. Ct. 1493 (2008)
- Hollenbeck v. Mercedes-Benz USA, LLC, 2008 Tex. App. LEXIS 2806 (Tex. App. Austin [3rd Dist.] 2008)
- Devally v. Powell Watson Motors, 2007 Tex. App. LEXIS 9633 (Tex. App. San Antonio [4thDist.] 2007)
- Innovative Truck Storage, Inc. v. Airshield Corp., 2007 Tex. App. LEXIS 4883 (Tex. App. Corpus Christi [13thsDist.] 2007)
- Nat’l Oilwell, L.P. v. Sladic, 2006 Tex. App. LEXIS 4583 (Tex. App. Houston [14th Dist.] 2006)
- In re Bill Heard Chevrolet, Ltd., 2005 Tex. App. LEXIS 8838 (Tex. App. Houston [14th Dist.] 2005)
- Recognition Communication, Inc. v. American Automobile Ass’n., 154 S.W.3d 878 (Tex. App. – Dallas 2005)
- In re: KPMG, 2005 WL 66475 (Tex. App. Houston [14th Dist.] 2005)
- Comsys Information Technology Svc. Inc. v. Twin City Fire Ins. Co., 130 S.W.3d 181 (Tex. App. Houston [14th Dist.] 2003)
- Livesay v. Wellogix, Inc., 2003 WL 139730 (Tex. App. Houston [1st Dist.] 2003)
- Nat’l Union Fire Ins. Co. v. Willis, 296 F.3d 336 (5th Cir 2002)
- In re: Wheat, 2002 WL 31320095 (Tex. App. Houston [1st Dist.] 2002)
- Mota v. Univ. of Tex. Houston Health Sci. Ctr., 261 F.3d 512 (5th Cir 2001)
- Pratt v. City of Houston, F.3d 601(5th Cir 2001)
- Jones v. Star Motor Cars, 45 S.W.3d 350 (Tex. App. Houston [1st Dist.] 2001, no pet.)
- Texas Dept. of Public Safety v. Randle, 31 S.W.3d 786 (Tex. App. Houston [1st Dist.] 2001, no pet.)
- Metropolitan Life Insurance Co. v. Haney, 987 S.W.2d 236 (Tex. App. Houston [14th Dist] 1999, pet. denied)
- Brady v. Fort Bend County, 145 F.3d 691 (5th Cir. 1998)
- LaBella v. Mercedes-Benz of North America, 942 S.W.2d 127 (Tex. App. Amarillo, 1997, writ denied)
- Thompson v. City of Galveston, 979 F.Supp. 504 (S.D. Tex. 1997)
- Redwine v. AAA Life Ins. Co., 852 S.W.2d 10 (Tex. App. Dallas 1993, no writ)
- Evans v. United Air Lines, 986 F.2d 942 (5th Cir. 1993)
- Gulf Coast Inv. Corp. v. NASA 1 Business Center, 754 S.W.2d 152 (Tex. 1988)
- In re Seiscom Delta, Inc., 857 F.2d 279 (5th Cir. 1988)
PUBLICATIONS, PAPERS AND CLE PRESENTATIONS
Mr. Zavitsanos has prepared the following written materials and made presentations at the seminars including:
- Primary author of O’Connor’s Texas Rules * Civil Trials 2018
- “Voir Dire Panel Perspective – Effective Voir Dire and Opening,” Texas Bar CLE, Houston, October 2017
- “Lies in Business and Under Oath” CLE course in Philadelphia, Pennsylvania Bar Institute, December 2016
- “Punitive Damages in Commercial Litigation: Pursuing and Defending Claims – Leveraging Pretrial Motions, Discovery and Trial Strategies, Navigating Constitutional Restraints” webinar, Strafford Publications Inc., April 2014
- “Witness Credibility in Trial and Depositions,” Texas Lawyer’s In-House Counsel Summit, April 2014, November 2013, May 2012
- “Witness Credibility at Depositions and Trial – Do’s and Don’ts,” State Bar of Texas – Texas Minority Counsel Program, 18th Annual Conference, September 2010
- “Lessons Learned from Trying a Breach of Fiduciary Case,” Houston Bar Association, Litigation Section, December 2008
- “Cross Examination,” University of Houston Law Foundation, Civil Litigation, February 2008
- Credibility and Impeachment – University of Houston Law Foundation; Advanced Evidence and Discovery, November 2007
- Witness Credibility – How To Prepare, Achieve, And Destroy It; Lorman Education Services, June 2006
- Preparing Your Witness for Deposition and Trial, Houston Bar Association, March 2006
- Types of Claims and Their Values, Houston Bar Association, September 2005
- Preparing Your Witness for Deposition and Trial, Houston Bar Association, November 2004
- Witness Credibility – How To Prepare, Achieve, And Destroy It, Lorman Education Services, September 2004
- Credibility and Impeachment: Fundamentals of Direct and Cross- Examination, University of Houston Law Foundation – How to Offer and Exclude Evidence, September 2002
- Preparing Your Witness for Deposition and Trial, University of Houston Law Foundation, June 2002
- Punitive Damages – Phase II, University of Houston Law Center – Litigation and Trial Tactics, December 2000
- Asserting, Contesting and Preserving Privileges Under the New Rules, University of Houston Law Foundation – Advanced Civil Discovery Under the New Rules, June 2000