In the News

Haynes and Boone Lawyers Repeat Strong Showing in D Magazine’s Best Lawyers List

DALLAS D Magazine has once again recognized Haynes and Boone, LLP lawyers in its annual “Best Lawyers of Dallas” list of top local legal talent. >>

In Trademark Battle Against Former U.S. Marketing Agent Haynes and Boone Prevails for Chinese IP Firm

In a dispute litigated from California to Oregon to the People’s Republic of China, Haynes and Boone, LLP lawyers have successfully defended a Chinese IP Firm’s trademark against the claims of its former U.S. marketing partner.

The latest victory for firm client AFD China Intellectual Property Law Office (AFD China) came March 28 after a three-day trial in an Oregon federal district court when a jury decided the former marketing agent, AFD USA, had no right to claim ownership of the “AFD” mark because AFD China was the first to use it in U.S. commerce. >>



Recent Publications

Council of Appellate Council - Chair’s Column

As seen in the American Bar Association Judicial Division Record, Vol. 17, Issue 3, Spring 2014. >>

Federal Update

As seen in State Bar Litigation Section News for the Bar, State Bar of Texas, Spring 2014. >>

Federal Update

As seen in State Bar Litigation Section News for the Bar, State Bar of Texas, Winter 2013. >>



Ben L. Mesches

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, 75219
T +1 214.651.5234
F +1 214.200.0913

Áreas de Practica

Educación

  • J.D., University of Texas at Austin School of Law, 2001, with honors; Member, Texas Law Review
  • B.A., Political Science, Trinity University, 1998, cum laude

Bar Admissions

  • Texas

Court Admissions

  • United States Supreme Court
  • Texas Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas

Judicial Clerkships

Justice Harriet O'Neill, Texas Supreme Court (2001-2002)
Ben L. Mesches

Ben Mesches is an experienced, board-certified appellate lawyer, plays a key role on trial teams at all stages of litigation, and is a nationally respected leader in the appellate bar. He has handled numerous appeals in the Fifth Circuit, argued before the Texas Supreme Court, where he served as a law clerk, and frequently litigates in trial and appellate courts across the country. His cases run the gamut: oil and gas; energy; complex business; intellectual property; bankruptcy; and railroad disputes.

Ben’s recent appellate representations include:

  • Led an appellate team in the Washington appellate courts in preserving an $81.4 million railroad-divestiture transaction under attack by taxpayer challenges to the validity of the transaction (2014).
  • At the Texas Supreme Court, invalidated a $29 million liquidated damages provision arising in the context of the state’s burgeoning renewable energy industry (2014).
  • In a closely-watched election case, led the appellate team that obtained emergency mandamus relief on the eve of the election (2013).
  • In the Fifth Circuit, dismissal of derivative claims challenging a $54 million merger in the healthcare industry (2013).
  • In the Fifth Circuit, reversed a fee enhancement award granted to debtor's financial advisor, clarifying legal standards applicable to fee claims under § 328(a) of the Bankruptcy Code (2012).
  • Defeated preemption, commerce clause, and eminent domain claims related to natural gas production regulations in the Fifth Circuit (2010).
  • Persuaded the Fifth Circuit Court to dismiss - on equitable mootness grounds - the appeal of a $3.6 billion bankruptcy plan of reorganization of a global mining giant, challenged by a competing bidder and the company's union (2010)

Ben also closely collaborates with trial counsel on legal strategy, dispositive motion practice; preservation of error; jury charges; post-verdict motions and  briefing; and planning for appeal.  His recent trial representations include:

  • In federal district court in Oregon, a member of the trial team that defeated $10 million trademark claims and obtained an order cancelling a trademark registration (2014).
  • As lead appellate counsel in a fiduciary-duty case arising in the healthcare arena, obtained relief from a multi-million jury verdict with a successful motion for judgment notwithstanding the verdict (2012).
  • In federal district court in Indiana, led the team that obtained dismissal of a suit—on personal-jurisdiction grounds—seeking $200 million in damages related to a multi-billion dollar oil-and-gas transaction (2012).
  • In an oil-and-gas ownership dispute alleging mutual and unilateral mistake in a deed, successfully argued the jury charge as part of a trial team that obtained a complete defense verdict (2011).
  • In a multi-million dollar case under the Texas Securities Act in a Dallas federal court, secured favorable jury charge and motion for judgment as a matter of law rulings, resulting in the complete dismissal of the plaintiff's claims on the eve of closing argument (2009).

Ben is a respected leader in the appellate bar. He is Chair of the nation's largest appellate bench-bar organization comprised of state and federal appellate judges and leading appellate advocates from across the country; President-Elect of the Texas Supreme Court Historical Society; serves on the prestigious exam commission administering the board certification exam in civil appellate law; and is on the Board of Trustees of the Texas Law Review Association. Ben also regularly writes and speaks on a wide range of litigation and appellate practice topics.

Professional Recognition

  • Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization (2007-Present)
  • Recognized by D Magazine as a "Best Lawyer in Dallas" in Appellate, 2014
  • Selected for inclusion in Texas Super Lawyers in 2014, after having been selected for the Rising Stars Edition from 2007-2014
  • Dallas Bar Foundation - Fellow (2009)

Professional Leadership

  • Chair of the Council of Appellate Lawyers, the nation's only appellate bench-bar organization. In that capacity, he serves on the Board of the Appellate Judges Conference of the ABA's Judicial Division and the Appellate Judges Education Institute - a non-profit educating state and federal judges nationwide.  
  • Texas Supreme Court Historical Society: President-Elect; Board of Trustees; Fellow; and Chair of the Marketing Committee 
  • Texas Board of Legal Specialization: Member of the Exam Commission for Civil Appellate Law
  • Texas Law Review Association: Member of the Board of Trustees
  • Dallas Bar Association, Appellate Section: Served as Chair of the Appellate Section (2011) and member of the Advisory Council (2007-2012)
  • State Bar of Texas Appellate Section: Website Committee Co-Chair (2011-present)

Selected Representative Experience


Anderson v. Siemens Corp., 335 F.3d 466 (5th Cir. 2003)
Obtained a reversal of a $7.5 million judgment in a products liability case.

ASARCO, L.L.C. v. Barclays Capital, Inc., 702 F.3d 250 (5th Cir. 2012)
Successfully represented an international copper mining company in Fifth Circuit appeal challenging multi-million bonus claim of debtor's financial advisor.

Bonneville Power Admin. v. Mirant Corp. (In re Mirant Corp.), 440 F.3d 238 (5th Cir. 2006)
In an appeal addressing the intersection between the Bankruptcy Code’s automatic stay provision, the debtor’s power over executory contracts, and the Anti-Assignment Act, blocked an effort by a governmental agency to terminate an electric power contract.

Burnett Ranches, Ltd. v. Cano Petroleum, Inc., No. 9840 (100th Dist. Ct., Carson County, Tex.)
Prevailed on summary judgment through appeal on a million-dollar lease termination claim.

Citizens Nat’l Bank v. Allen Rae Investments, Inc., 142 S.W.3d 459 (Tex. App. - Fort Worth 2004, no pet.)
Won reversal of an award of credit-reputation damages in a lender-liability suit.

Community Initiatives v. Chase Bank of Texas, N.A., et al., 153 S.W.3d 270 (Tex. App. - El Paso 2004, no pet.)
Successfully defended summary judgment on tort claims related to a national financial institution’s business practices.

Data Center Systems (Kevin M Ehringer Enterprises Inc. d/b/a Data Center Systems v. McData Services Corporation f/k/a Computer Network Technology Corporation, Civil Action No. 3:06-CV-812-L, in the United States District Court, Northern District of Texas)
Secured a $12.5 million jury verdict on behalf of Dallas-based Data Center Systems (DCS) in a case alleging fraud related to a three-year agreement with Computer Network Technology Corporation (CNT) concerning data center connectivity products. CNT is now known as McData Services Corporation, a wholly-owned subsidiary of Brocade Communication Systems.

In re ASARCO, LLC, No. 05-CV-21207 and related adversary proceedings (Bankr. S.D. Tex.) (confirmation Nov. 13, 2009); Nos. 09-CV-177 and 07-CV-00018 (S.D. Tex.)
In a closely watched multi-billion dollar Chapter 11 restructuring of a copper mining company labeled by the district court as "one of the most successful bankruptcy proceedings in recent history," represented the debtor's parent company and worked with bankruptcy, litigation, and labor teams in contested matters, adversary proceedings, and bankruptcy appeals to the district court and Fifth Circuit. These matters included an $11 billion fraudulent transfer, fiduciary duty, conspiracy and aiding and abetting adversary proceeding; litigation of novel issues pertaining to a long-standing labor dispute and the enforceability of a collective bargaining agreement and its successorship clause; disputes regarding proposed acquisition and auction of the debtor's assets; environmental claims and asbestos liability issues; and successful confirmation of the proposed plan of reorganization by both the bankruptcy court and district court.

In re Cano Petroleum, Inc., 283 S.W.3d 179 (Tex. Jud. Pan. Mult. Lit. April 2, 2008)
Persuaded the Texas Judicial Panel on Multidistrict Litigation to transfer to a single pretrial court numerous suits against an oil and gas operator arising out of wildfires in west Texas.

In the Matter of Asarco L.L.C., 401 Fed. App'x 914 (5th Cir. 2010)
Persuaded the Fifth Circuit Court of Appeals to dismiss the appeal of a $3.6 billion bankruptcy plan of reorganization, which was challenged by a competing bidder and the company's union.

Indiana Charitable Trust v. Trevor Rees-Jones
Successfully represented oil and gas entrepreneur in federal court lawsuit alleging fraud-based claims based on redemption of LLC membership interests. Obtained dismissal of all claims on personal jurisdiction grounds.

Kondos v. Carrico, No. 02-05-00374-CV, 2007 WL 704587 (Tex. App. - Fort Worth Mar. 8, 2007, pet. denied) (mem. op.)
Obtained an appellate judgment vacating an award of damages and dismissing a suit because the probate court lacked subject-matter jurisdiction over contract claims arising out of a claimed breach of a right of first refusal pertaining to raw land.

Linda Wolf and Julie Reid v. Summers-Wood, L.P. d/b/a Roly Poly Texas, Summers-Wood Management, L.L.C., John W. Summers, and J. Michael Wood; 214 S.W.3d 783 (Tex. App. - Dallas 2007, no pet.).
Plaintiffs sued franchisor and its president and vice president. The president and vice president argued that they should not be subject to jurisdiction in Texas courts. The trial court determined that it did have jurisdiction. In a successful appeal, the court reversed and rendered judgment, dismissing president and vice president of franchisor from case based on lack of jurisdiction.

Metra United Escalante, L.P. v. Lynd Co., 158 S.W.3d 535 (Tex. App. - San Antonio 2004, no pet.)
Obtained reversal of a temporary injunction - freezing more than $150 million of assets held by real estate investors - based on the Federal Arbitration Act's automatic-stay provision.

Rmax, Inc. v. Carlisle Companies, No. 0502610 (298th Dist. Ct., Dallas County, Tex.)
After a weeklong jury trial, obtained a judgment awarding damages for breach of a confidentiality agreement and all attorneys’ fees and expenses, which exceeded $750,000, and collected 100 percent of the judgment amount.

RT Jedburg v. American LaFrance LLC
On appeal to federal district court in Delaware, obtained ruling striking liquidated damages provision resulting in take-nothing judgment on $8 million post-confirmation bankruptcy claim related to lease dispute.

Sweet v. Inkjet International Ltd., No. 05-03-00233-CV, 2003 WL 22254695 (Tex. App. - Dallas Oct. 2, 2003, no pet.) (mem. op.)
In a trade secrets and fiduciary duty case that resulted in a multi-million dollar damages award, handled pre-trial matters including the successful defense of an appeal from a temporary injunction, the preparation and argument of the jury charge, all post-verdict briefing, hearings, and judgment formation.

Texas Midstream Gas Services, L.L.C. v. City of Grand Prairie, 2008 WL 5000038 (N.D. Tex. Nov. 25, 2008)
Successfully prevented a national natural gas gathering company from obtaining injunctive relief against the institution of a City Ordinance related to natural gas gathering facilities.

Western Oil & Gas JV Inc. v. Castlerock Oil Co., 91 Fed. Appx. 901 (5th Cir. 2003)
In an oil and gas case, successfully defended on appeal an order dismissing fraudulent transfer, unjust enrichment, and conspiracy claims.

Wood v. Cendant Corp., Copy. L. Rep. (CCH) ¶29,252 (N.D. Okla. 2006)
Through dispositive motion practice and post-trial briefing, assisted in obtaining a take-nothing judgment in an $80 million copyright infringement suit; successfully defended the judgment on appeal.

Online Publications

07/11/2014 - Federal Update
As seen in State Bar Litigation Section News for the Bar, State Bar of Texas, Spring 2014.

07/01/2014 - Council of Appellate Council - Chair’s Column
As seen in the American Bar Association Judicial Division Record, Vol. 17, Issue 3, Spring 2014.

01/07/2014 - Federal Update
As seen in State Bar Litigation Section News for the Bar, State Bar of Texas, Winter 2013.

10/01/2013 - Federal Update
As seen in State Bar Litigation Section News for the Bar, State Bar of Texas, Fall 2013.

04/01/2013 - Bankruptcy Appeals
As seen in Texas Journal of Business Law, Business Law Section of the State Bar of Texas, Spring 2013, Vol. 45, No. 2.

03/07/2013 - The 2012 Amendments to the Texas Rules of Appellate Procedure: An Overview of the Changes and What They Mean for Appellate Practitioners
As seen in The Appellate Advocate, State Bar of Texas Appellate Section Report, Winter 2012, Vol. 25, No. 2.

03/07/2013 - Fifth Circuit Civil Appellate Update
As seen in The Appellate Advocate, State Bar of Texas Appellate Section Report, Winter 2012, Vol. 25, No. 2, March 7, 2013.

12/31/2012 - Federal Update
As seen in State Bar Litigation Section News for the Bar, State Bar of Texas, Winter 2012.

12/07/2012 - Fifth Circuit Civil Appellate Update
As seen in The Appellate Advocate, State Bar of Texas Appellate Section Report, Fall 2012, Vol. 25, No. 1.

09/13/2012 - Bankruptcy Appeals
An appeal of a bankruptcy court order or judgment involves unique procedural and jurisdictional considerations. Bankruptcy appeals are different from an ordinary federal court appeal because of the unusually quick time frame for perfecting and briefing the appeal and the likelihood that such an appeal may be subject to substantive review by two appellate courts (the district court or Bankruptcy Appellate Panel and the court of appeals).

09/01/2012 - Fifth Circuit Civil Appellate Update
As seen in The Appellate Advocate, State Bar of Texas Appellate Section Report, Summer 2012, Vol. 24, No. 4.

06/14/2012 - Fifth Circuit Civil Appellate Update
As seen in The Appellate Advocate, State Bar of Texas Appellate Section Report, Spring 2012, Vol. 24, No. 3.

06/01/2012 - Fifth Circuit Update
Presented at the 2012 Conference on State and Federal Appeals, UTCLE, The University of Texas School of Law.

02/29/2012 - Fifth Circuit Civil Appellate Update
As seen in The Appellate Advocate, State Bar of Texas Appellate Section Report, Winter 2011, Vol. 24, No. 2.

09/02/2010 - Federal Jury Charge Practice: Preservation, Instructions, Verdict Forms, and Comparisons to State Court Practice
This paper addresses a topic about which Texas appellate practitioners are well-versed - submission of the jury charge - but from a federal perspective.

04/15/2010 - Texas Supreme Court Update
Presented to the Energy Symposium hosted by The Texas Wesleyan Law Review.

07/20/2009 - The 2008 Term of the United States Supreme Court: The Decisions Most Important to the Business Community
The United States Supreme Court recently issued several significant decisions affecting businesses and the nature of business litigation in federal court. The most important of these decisions are summarized in this alert.

04/17/2009 - Framing Issues in Your Petition for Review
Based on statistics over the last several years, a petition for review stands a 10-14% change of being granted. One of the most important factors in bringing your case within this 10-14% range is framing the issues in the petition for review. This paper will explore several strategies (and pitfalls) in framing issues in a petition for review at the Texas Supreme Court. 

04/01/2009 - A Guide to Web Sites & Blogs Related to Appellate Law
This article includes a sampling of Web sites and blogs focused on appellate practice and tracking appellate court decisions and brief descriptions of their content.

10/01/2008 - Direct Bankruptcy Appeals: Three Years Later
Reprinted with permission from the American Bar Association's "Appellate Issues," Council of Appellate Lawyers, October 2008.

05/31/2007 - Federal Discretionary Appeals
This paper explores three types of permissive, discretionary appeals authorized by statute and federal procedural rules: (i) appeals of interlocutory orders under 28 U.S.C. § 1292(b); (ii) appeals of class certification orders under Federal Rule of Civil Procedure 23(f); and (iii) direct and interlocutory bankruptcy appeals.

05/18/2007 - An Introduction to E-Claims
A presentation to the Tarrant County Bar Association Brown Bag Seminar Series: Trade Secrets, Confidential Information and Privileges in a Digital Age on May 18, 2007

06/01/2006 - Bankruptcy Appeals
An appeal of a bankruptcy court order or judgment involves unique procedural and jurisdictional considerations.

09/15/2005 - Handling a Bankruptcy Appeal: Practice Tips for Appeals to the District Court & the Court of Appeals
An appeal of a bankruptcy court order involves unique procedural and jurisdictional considerations.

09/07/2005 - Preserving Error Before Trial
“To preserve a complaint for appellate review, a party must present to the trial court a timely request, motion, or objection, state the specific grounds therefore, and obtain a ruling.”

09/30/2004 - An Overview of Selected Issues in Punitive Damages
In 1987, the Texas Legislature first codified the law governing punitive damages. See Act of June 3, 1987, 70th Leg., 1st C.S., ch. 2, § 2.12, 987 Tex. Gen. Laws 37, 44-46 (amended 1989, 1995, 1997 & 2001) (current version at TEX. CIV. PRAC. & REM CODE § 41.001-.013 (Vernon 1997 & Supp. 2003)). Then, in 1988, the Texas Supreme Court held that the defendant’s net worth is relevant to punitive damages and thus discoverable.

09/10/2004 - Post-Verdict Landmines: A Survival Guide
This paper attempts to provide a guide for handling that intense period of time between verdict and the expiration of jurisdiction in the trial court, from the perspective of the losing defendant.