Stephanie Clouston is a partner in the firm’s Litigation & Trial Practice Group. She is a trial lawyer experienced in commercial litigation matters, with a focus on disputes in the telecommunications, manufacturing, energy and construction industries. Stephanie has appeared before many state and federal courts, representing clients in major commercial disputes concerning breach of contract, negligence, products liability and fraud. Stephanie has also represented clients in regulatory and government investigative matters involving both state and federal agencies, including the Department of Energy, Federal Trade Commission, Federal Communications Commission and state attorneys general.
Stephanie earned her J.D., cum laude, from Southern Methodist University, where she was a regional finalist and “top ten oral advocate” for the ABA National Moot Court Team, as well as a member of the Inns of Court and chief counsel for the SMU Civil Clinic. She received her B.A., also cum laude, from the University of Arkansas at Fayetteville.
Stephanie is a member of the State Bar of Texas and is admitted to practice in the state and federal courts of Texas.
- Obtained favorable dismissal of local exchange carrier in a putative class action alleging improper third-party billing practices, commonly referred to as “cramming.”
- Representation of a leading inmate telecommunications services provider in two patent infringement lawsuits brought by a competitor regarding three-way calling and VOIP technology. Successful in obtaining a transfer of the second lawsuit to the same venue as the first for consolidation of the matters.
- Representation of preeminent telecommunications company in obtaining an injunction and a favorable verdict on a market rental determination involving a significant telecommunications center.
- Representation of another prison telecommunications company in a jury trial alleging breach of a patent portfolio agreement, which ended in a favorable settlement.
- Successfully prosecuted substantial damage claims against gas suppliers on behalf of a leading North American chemical manufacturer.
- Representation of DFW-based manufacturer of HVAC and refrigeration products in claims involving defective component parts from foreign supplier used in commercial refrigeration systems.
- Obtained favorable settlement in a Department of Energy investigation of alleged violations of the energy conservation standards for certain faucets sold by the client, a global leader in manufacturing and distribution of copper, brass, and plastic tubes, fittings, pipes and valves. Successfully negotiated with the DOE general counsel’s office to reduce proposed civil penalties by 75% and obtained other favorable terms that resulted in the close of the investigation and prevented the client from having to report the fine.
- Assisted in representation of food producer and marketer in various class action lawsuits regarding exposure to pesticides.
- Prior to trial, successfully obtained dismissal of client, the non-manufacturing distributor of a gas valve, from a Dallas suit involving a gas explosion that resulted in substantial personal injuries and a fatality.
- Obtained favorable dismissals and settlements in several product liability cases based on products distributed, but not made by the client. The settlements limited the client’s exposure and allowed the client to seek indemnity from the foreign manufacturers of the products.
- Successfully restricted the scope of a nonparty deposition of a key executive of one of the largest international oil and gas exploration and production companies.
- Favorably resolved a matter on behalf of a Dallas property management company despite entering the case after a TRO had been entered against the client.
- Represented an expert consulting firm to prevent the nonparty deposition of one of its principals. Successfully prevented the principal's deposition and any claims being asserted against the client.
- Representation of leading technology provider in multi-million dollar lawsuit involving a global outsourcing agreement for the design and operation of a telecommunications network operating system. Obtained a favorable settlement before trial.
- Successfully defended client against alleged trade secret, unfair competition, and fraud claims under Texas law.
- Representation of client in various billing disputes with third-party billing aggregators.
- Represented client in defamation and business tort litigation and injunctive proceedings between former partners concerning a real estate development project that resulted in a positive settlement before trial.
This advisory discusses Department of Energy (DOE) conservation investigations and how businesses may be facing exposure on the basis of practices believed to be lawful for the last 35 years. In 2011, the Department of Energy (DOE) launched a rigorous campaign of regulatory enforcement seeking to impose penalties on manufacturers, distributors and private labelers for perceived failures to satisfy federally mandated energy and water conservation standards and reporting requirements. Now, the DOE may unilaterally enforce its regulations even when it has not received any complaints. Those regulations require compliance with the standards and particularized reporting through a DOE-specific system. Moreover, the DOE is creating testing policies that are inconsistent with many longstanding industry-consensus standards and practices that may require manufacturers to redesign their products and re-evaluate their certification filings.
October 3, 2012
- Member, Dallas Bar Association
- Named a “Texas Super Lawyer” by Super Lawyers for 2012 and 2013
- Named a “Texas Rising Star” by Texas Monthly and Super Lawyers for 2006, 2009, 2010, and 2011
- Fellow, Litigation Counsel of America (2009-2012)
- Barrister, Patrick E. Higginbotham Chapter of American Inns of Court (1997-1999)
- Admitted to practice in the United States District Courts for the Northern, Eastern, Western, and Southern Districts of Texas