Dylan O. Drummond

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Dylan O. Drummond Attorney


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Dylan Drummond is a former Texas Supreme Court clerk and an accomplished civil appellate and commercial litigator who represents clients in complex civil disputes before state, federal, and administrative forums at trial and on appeal.

Dylan’s civil appellate practice before state and federal appellate courts consists of pursuing traditional, accelerated, agreed, and permissive appeals, original proceedings, and extraordinary writs, as well as petition, merits, and amicus briefing before courts of last resort. His civil and commercial litigation practice includes providing strategic counsel to preserve error through pre-and post-trial motion practice, expert designation disputes, jury charge preparation, class certification, and dispositive motion practice.

Services

  • Litigation

Education

  • Texas Tech University School of Law, J.D., 2003
  • Texas Tech University Jerry S. Rawls College of Business Administration; M.B.A., 2003
  • Texas Tech University College of Agricultural Sciences and Natural Resources; B.S., summa cum laude, 1999

Admissions

  • State Bar of Texas, 2003
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Northern District of Texas
  • United States District Court for the Southern District of Texas
  • United States District Court for the Western District of Texas
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Supreme Court

Distinctions & Certifications

  • Texas Rising Stars, Thomson Reuters, 2009–2015
  • Super Lawyers, Thomson Reuters, 2019-2020
  • AV Preeminent®, Martindale-Hubbell 2012- Present
  • Best Lawyers, 2020-2022
  • Texas Bar Foundation, Life Fellow

Representative Experience

U.S. Supreme Court

  • Represented national trade association as amicus counsel in landmark Article III standing case
  • Represented national trade association as amicus counsel in FDCPA dispute concerning proper definition of “debt collector”

U.S. Courts of Appeal

  • Successfully defended foreign government before the D.C. Circuit regarding a jurisdictional question arising under Daimler AG v. Bauman, 134 S. Ct. 746 (2014)
  • Represented as amicus counsel before the Fifth Circuit a group of thirteen former Texas Bar presidents, seven former Texas Bar College chairs, and four former chairs of the Texas Bar Council of Chairs in landmark dispute regarding the propriety of mandatory bar dues
  • Represented national trade association as amicus counsel before the Ninth Circuit in FDCPA dispute regarding what constitutes a Dunning letter
  • Represented national trade association as amicus counsel before the Second Circuit in TCPA dispute regarding what constitutes an ATDS
  • Represented national trade association as amicus counsel before the Fifth Circuit in FDCPA dispute regarding collection of time-barred debts
  • Successfully defended general contractor before the Fifth Circuit regarding an indemnity dispute
  • Successfully represented staffing company in arbitrability dispute before the Fifth Circuit

U.S. District Courts

  • Represented national trade organization as amicus counsel before the Western District of Texas in rulemaking dispute against the Department of the Treasury
  • Successfully defended Texas county before the Northern District of Texas regarding a Section 1983 dispute

Texas Supreme Court

  • Cited by the Texas Supreme Court in landmark groundwater ownership decision, Edwards Aquifer Auth. v. Day, 369 S.W.3d 814, 825 n.47 (Tex. 2012)
  • Successfully represented petitioner before the Texas Supreme Court in landmark case establishing requirement to segregate attorney fees
  • Successfully represented petitioner before the Texas Supreme Court in Texas Public Information Act bidding dispute
  • Successfully represented relator in mandamus proceeding before the Texas Supreme Court
  • Represented national trade organization as amicus counsel before the Texas Supreme Court in a dispute concerning the “learned intermediary doctrine”
  • Represented statewide trade organization as amicus counsel before the Texas Supreme Court regarding groundwater dispute

Texas Courts of Appeals

  • Cited by the Corpus Christi court of appeals regarding precedential order of citation in Tex. S. Rentals, Inc. v. Gomez, 267 S.W.3d 228, 239 n.8 (Tex. App.—Corpus Christi 2008, no pet.) and Gonzalez v. State, No. 13-07-00270-CR, 2009 WL 9051380 at *5 n.2 (Tex. App.—Corpus Christi July 30, 2009, no pet.)  
  • Successfully represented relator in matter of first impression that resulted in a published opinion regarding whether a court reporter’s backup audio recording is discoverable
  • Successfully represented relator before the Dallas court of appeals in three successive original proceedings, reversing criminal contempt order and nearly a quarter-million in attorney-fee sanctions
  • Successfully represented relator in matter of first impression resulting in a published opinion regarding whether a foreign national in the country on a tourist visa can establish a domicile sufficient to file for divorce from another foreign national nonresident
  • Successfully represented foreign company in a dispute regarding attorney authority under Tex. R. Civ. P. 12 before the Dallas court of appeals
  • Successfully defended Texas County in a jurisdictional dispute before the Dallas court of appeals
  • Successfully defended foreign company in special-appearance dispute before Houston’s First District Court of Appeals
  • Successfully represented appellant in tax dispute before the Fort Worth court of appeals
  • Successfully defended baseball trading card company in multi-million contract dispute before the Fort Worth court of appeals
  • Successfully represented appellant in DTPA dispute before the Austin court of appeals
  • Successfully defended real party in interest in multi-million oil and gas mandamus proceeding before the Amarillo court of appeals
  • Successfully represented $1.7 billion private company before the Tyler court of appeals in a breach-of-contract dispute

Professional Activities

The Appellate Project

  • Development Committee (2021–present)

Office of Court Administration

  • E-Filers’ Issues Advisory Group Member (2014–present); Speaker, eFileTexas™ Press Conference at the Texas Supreme Court (Sept. 30, 2015)

State Bar of Texas

Appellate Section

  • Chair (2021–22);
  • Council Member (2013–15);
  • Appellate Advocate, Co-Editor (2009–12; Vols. 22–24)

Standing Committee on Pattern Jury Charges—Business, Consumer, Insurance & Employment

Member (2011–20; appointed by Texas Bar Presidents Bob Black and Trey Apffel); led preparation of the Preservation of Error and Broad-Form Issues and the Casteel Doctrine comments in all volumes (32.1–.2, 86.1–.2, 116.1–.2, 314.1–.2), Misappropriation of Trade Secrets chapter (111.1–.2, 115.48–.49), Third-Party Beneficiary (101.36), Unjust Enrichment (101.44), and Money Had & Received (101.43) comments; Subcommittee Chair—Contracts (ch. 101), DTPA/Insurance (ch. 102), Good Faith & Fair Dealing (ch. 103) & Misappropriation of Trade Secrets (ch. 111)

Texas Bar College

  • Chair (2019–20);
  • Director (2013–17, 2020–21; appointed by Texas Bar Presidents Lisa Tatum and Frank Stevenson);
  • Fellow (2014–present);
  • Endowment Fund Scholar (2018–present);
  • Member (2004–present)

Texas Supreme Court Historical Society

  • 18th President (2019–20);
  • Trustee (2012–21);
  • Fellow (2018–20); Chair,
  • 23d Annual John Hemphill Dinner (2018);
  • Inaugural Recipient, President’s Exemplary Service Award (2015);
  • Deputy Executive Editor, Journal of the Texas Supreme Court Historical Society (2011–20)

Publications & Speeches

  • Cited In: JoAn Foote Jenkins & Randall B. Wilhite, O’Connor’s Texas Family Code Plus § 6.301, Annotations, 2021–2022
  • Moderator: “Legal Writing from Soup to Nuts (or Layout to Style),” State Bar of Texas Professional Development Program, Advanced Trial Strategies: Justice During the Pandemic, What’s Working … and How Well?, 2021
  • Author & Speaker: “Legal Citation and Typography: Making Your Briefs More Readable, Credible, and Persuasive,” State Bar of Wisconsin PinnaCLE, Write On: Effective Legal Writing in 2021, 2021
  • Expert Quote: “Texas Attys Hope Legislature Brings Judicial Election Reform,” Law360, Jan. 7, 2021
  • Co-Course Director: “Legal Writing to Win: Know Your Writes,” State Bar of Texas Professional Development Program, 2020
  • Moderator: “Before You Can Win, You Have to Avoid Losing: A Judicial Panel on Making Legal Writing Work for You Rather Than Against You,” State Bar of Texas Professional Development Program, Legal Writing to Win: Know Your Writes, 2020 
  • Lead Author & Speaker: “Preserving Error in the Trial Court,” State Bar of Tex. Prof. Dev. Program, Handling Your First (or Next) Fifth Circuit Civil Appeal, 2020
  • Co-Author & Speaker: “Practice Before the Texas Supreme Court of Texas,” State Bar of Tex. Prof. Dev. Program, Civil Appellate Practice 101, 2020
  • Expert Quote: “Attorneys Voice Opposition to Lawsuit Challenging Mandatory Texas Bar,” Texas Lawyer, June 14, 2019
  • Contributing Author: “Chief Justice Hecht Celebrates Three Decades on the Texas Supreme Court,” Texas Lawbook, Jan. 3, 2019
  • Expert Quote: “Newly Blue Texas Appeals Courts Could Benefit Plaintiffs,” Law360, Nov. 9, 2018
  • Author: “The Toughest Bar in Texas: A Look at the Lawyers and Future Supreme Court Judges Who Fought at the Alamo and San Jacinto,” 81 Texas Bar Journal 174, March 2018
  • Cited In: Hon. Michol O’Connor, O’Connor’s Texas Causes of Action, Trade-Secret Misappropriation, § 1.5(1), 2015
  • Course Director: Texas Bar College Summer School, State Bar of Texas Professional Development Program, 2015
  • Moderator: “Court of Appeals Panel: Submission Through Rehearing,” in State Bar of Texas Professional Development Program, Advanced Civil Appellate Practice Course, 2014
  • Author & Moderator: “Texas Pattern Jury Charges—2012 Changes,” State Bar of Tex. Prof. Dev. Program, 27th Annual Advanced Civil Appellate Practice Course, 2013
  • Expert Quote: “Hecht Tapped as Next Texas Supreme Court Chief,” Law360, Sept. 11, 2013
  • Author & Speaker: “Groundwater Ownership in Place: Fact or Fiction?,” in UTCLE, Texas Water Law Institute, 2008
    • Cited in briefing to the Texas Supreme Court in Edwards Aquifer Auth. v. Day, No. 08-0964 
    • Cited in City of Del Rio v. Clayton Sam Colt Hamilton Trust, No. 08-0755
  • Lead Author: “The Rule of Capture—Still So Misunderstood After All These Years,” 37 Texas Tech Law Review, 1, Winter 2004
    • Awarded the outstanding lead article in volume 37, see Laurels, 68 Tex. B.J. 873, 873, Oct. 2005
    • Cited in Edwards Aquifer Auth. v. Day, 369 S.W.3d 814, 825 n.47, Tex. 2012
    • Cited in briefing to the Texas Supreme Court in Edwards Aquifer Auth. v. Day, No. 08-0964
    • Cited three times in City of Del Rio v. Clayton Sam Colt Hamilton Trust, No. 08-0755
    • Cited four times in Guitar Holding Co., L.P. v. Hudspeth Cnty. Underground Water Conservation Dist. No. 1, No. 06-0904
    • Cited by ALI CLE, Am Jur 2d—Proof of Facts, Law of Water Rights and Resources
    • Cited by State Bar of Texas: Essentials of Texas Water Resources
    • Cited by 54th Rocky Mountain Mineral Law Institute
    • Cited by Arkansas, Baylor, BYU, Houston, Louisiana, Texas A&M, Texas Tech, University of Arkansas at Little Rock, University of Denver Water, Vermont, and West Virginia Law Reviews
    • Cited by St. Mary’s, Texas Environmental, Texas Tech Administrative, Tulane Environmental, and Widener Law Journals
    • Cited by Arizona Journal of Environmental Law & Policy, Environmental Law, Natural Resources Journal, Southwestern Historical Quarterly, and Texas Journal of Oil, Gas, and Energy Law

Community Involvement

  • Advisory Board Member, Impact Church DFW
  • Legal Aid Volunteer; FEMA Bastrop Disaster Relief Center (September 2011)
  • Red Cross Dorm Floor Manager, Austin Convention Center Shelter for Katrina Evacuees  (August – September 2005)