YVETTE OSTOLAZA, managing partner of the Dallas office and co-leader of the Complex Commercial Litigation group, has developed a reputation in Texas and nationally as a versatile counselor who excels at all aspects of complex disputes. Yvette litigates matters in U.S. state and federal trial and appellate courts on behalf of sophisticated, global clients. She coordinates and tries proceedings in a variety of arbitration venues, serves on the Roster of Neutral Arbitrators for the AAA for commercial litigation matters, and in June 2014 was admitted to serve on the Panel of the CPR Panel of Distinguished Neutrals as an arbitrator for the International Institute of Conflict Prevention & Resolution. She also manages and oversees complex internal investigations on behalf of companies, board committees and individual directors. Yvette’s range, experience and results have earned her extensive recognition, including in 2013 as a “Rainmaker” by Diversity and the Bar magazine; in 2012 as one of the 20 “Most Powerful & Influential Women” in Texas by the Texas Diversity Council; in 2012-2014 as one of the “Top 250 Women in Litigation” in the U.S. by Benchmark Litigation; and in 2009 – 2014 as a leading General Commercial Litigator in Texas by Chambers USA, which has noted that clients call her “a force of nature” with “every arrow in her quiver that you would want,” who “doesn’t look for the usual cookie-cutter, classic legal responses,” who has particular “expertise in whistleblower and investigation matters.”,” and "is so dynamic; her command of a room and her ability to get what she needs for a client is unmatched." One enthusiastic client, added: "In litigation no matter what your circumstances, she can put you in the best position - no matter what happens she'll be there with you." Admitted to practice in Texas – where she formerly served as a Director of the State Bar – and New York, Yvette has particularly significant experience managing multi-jurisdictional disputes, including class actions, as well as business tort, securitiesshareholder, consumer fraud, financial services, constitutional, contract, employment, fiduciary duty, advertisingsweepstakes, insurance, fraud, good faith, and accounting malpractice litigation, arbitrations, simulations and mediations. Fluent in Spanish, Yvette also has extensive experience managing Latin America-related litigation and arbitration. Other aspects of her practice include: counseling clients on reducing risks from consumer and advertising-related claims and representing clients in negotiations with state agencies on such claims; advising private equity firms on litigation risks facing their portfolio companies; and coordinating and arguing appeals in courts across the U.S., including the U.S. Supreme Court, the U.S. Court of Appeals, the Texas Supreme Court, and the Fifth District Court of Appeals in Dallas.
Representation of MGM Resorts, Inc. in multi-jurisdiction litigation. Representation of Barclays Bank, Commerzbank, and Deutsche Bank in a multi-hundred million dollar fraud litigation brought by MGA Entertainment in California federal court with respect to MGA’s acquisition of a failed French toymaker, Smoby, SA; obtained motion to stay the proceedings on forum non conveniens grounds and in favor of pending proceedings in France. Representation of a Special Committee of the Board of Halliburton with respect to a shareholder demand and subsequent litigation in Texas state court relating to FCPA issues; obtained a favorable, no-money settlement that was featured in The Wall Street Journal. Representation of Zale Corp., a national retailer, in securities fraud litigation in Texas federal court relating to an accounting restatement; secured dismissal with prejudice, later affirmed by the Fifth Circuit. Representation of Ability Insurance Company in numerous cases in federal courts in Montana, South Dakota, Iowa and Washington State in which long-term care policyholders allege fraud, bad faith, and various other torts; to date, has secured numerous favorable rulings at the summary judgment phase.
"Two unique forms of pre-lawsuit discovery that can help win Texas-based or bankruptcy cases," InsideCounsel (February 24, 2015) "Minority Powerbrokers Q&A: Sidley Austin's Yvette Ostolaza," Law360 (January 2, 2015) “Fraud and Negligent Misrepresentation,” Chapter 13 in Texas Business Litigation, ALM Media LLC. (2015) “Rule 91a: Score One for the Defendants,” Texas Lawyer (December 2014) “Comcast Corp., et al. v. Behrend, et al.,” Class Action Monitor (March 2013) “Avoiding Common Contract Drafting Mistakes,” Dallas Bar Association Headnotes Publication (October 1, 2012) “Board Challenge: Preparing for Crisis,” NACD (August 2012, NACD) “The Ascertainability Requirement for Class Certification: Origins and Applications,” The Metropolitan Corporate Counsel (June 19, 2012) “Enforceability of Arbitration Clauses in Consumer Financial Services Contracts,” BNA Class Action Litigation Report (November 2011) “Applying Model Rule 4.2 to Web 2.0: The Problem of Social Networking Sites,” Journal of High Technology Law (February 2011) “Conducting Internal Investigations: When Providing a Good Offense is the Best Defense, American Bar Association Section of Litigation,” In-House Litigator (Spring 2008) “Overview of Arbitration Clauses in Consumer Financial Services Contracts,” Texas Tech Law Review (Fall 2007) “Overview of Multidistrict Litigation Rules at the State and Federal Level” (co-author), The Review of Litigation, University of Texas School of Law (Spring 2007) “Enforcement of Arbitration Agreements in Consumer Contracts,” Conference on Consumer Finance Law’s Quarterly Report (2006) “The Judicial Panel on Multidistrict Litigation and Coordinating Multijurisdictional Disputes,” The Practical Litigator (July 2005) “Drafting the Arbitration Agreement” (author and speaker), Internationale Congress of Alternative Mediators, Mediation, Neutral Evaluation and Arbitration (2001) “Federal Courts Divided over Whether Medication or Other Mitigating Measures Should Be Considered in Determining Whether an Employee is “Disabled” Under the ADA,” ABA Labor Lawyer (WinterSpring 1999) “Severino v. North Fort Myers Control District: AIDS Discrimination in the Workplace - Will Disclosure Leave HIV-Infected Workers Jobless?”, University of Miami Law Review (1992)
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