Kai Hecker

Kai Hecker is Senior Counsel at Freeman Mathis & Gary's Dallas office. Mr. Hecker focuses his practice on advising and defending professionals. He has represented a range of individuals and companies, including lawyers, healthcare providers, real estate agents & brokers, accountants, architects, engineers, oil & gas landsmen, and insurance agents & brokers. He has helped clients resolve professional liability, employment (Titles VII & IX, ADA, FLSA, & FMLA), and insurance coverage matters and he has assisted clients with domestic and international contract negotiations and trade secret/non-compete disputes.

He advises professionals with the goal of avoiding future disputes or litigation. This advice includes the professional’s ethical & professional responsibilities, information/cyber security obligations, internal best practices, and their business transactions and contracts. He has spoken on these topics nation-wide.

He defends professionals with the goal of obtaining a successful early resolution so they can get back to helping their clients.  He has resolved matters involving professional liability/malpractice, ethics violations & grievances, and traditional business disputes pre-suit, at arbitration, at mediation, and through litigation in Texas’ state and federal courts. 

Supreme Court of the United States

Texas

U.S. Court of Appeals for the Fifth Circuit

U.S. District Courts for the Eastern, Northern, Southern & Western Districts of Texas

• Ethics & Information Security: You may be disbarred for storing confidential information paper and presentation at select law firms (June/July 2015).
• Cyber Liability – Where are we and where are we headed?  Legislation, Litigation, and Crisis Management, paper and panel presentation at the Professional Liability Attorney Network (PLAN) New York regional meeting (June 2014).
• HIPAA Loves You – Final Rules, paper and presentation at Texas Association of Non-Subscribers (TXANS) Annual Conference (May 2013).
• The Exceptions Don’t Matter – Data Security, paper and presentation at Texas Association of Non-Subscribers (TXANS) Annual Conference (May 2013).
• Surprise: You may be Fined for Storing Information about an Insured, paper and presentation at Claims & Litigation Management (CLM) conference (November 2012).
• Press <Enter> to Bankrupt Your Company, paper and presentation at Professional Liability Underwriting Society (PLUS) conferences (September 2012).
• Electronic Discovery and Cyber Liability, paper and presentation at the annual “Risk Management” continuing legal education seminar (November 2011).
• Cyber Notification Liability, paper and panel presentation at the Southwest Chapter Professional Liability Underwriting Society (PLUS) annual “Insuring the Information Age” seminar (October 2011).
• Invoicing and Collecting for Your Services, paper and presentation at the Collin County Bar Association’s annual “Making your Practice Work” continuing legal education seminar (March 2011).

• Obtained summary judgment for national plaintiff’s lawyer accused of malpractice in high profile MDL litigation.  Judgment affirmed on appeal.
• Obtained pre-discovery summary judgment for real estate agents against multi-million dollar federal fraudulent inducement claim.  Briefed and argued at USCA Fifth Circuit; judgment affirmed.
• Resolved malpractice claim against national law firm brought by international conglomerate involving the purchase price calculation in asset purchase agreements for several oil and gas pipelines.
• Advised accounting firm during trial on malpractice and breach of fiduciary duty claims related to failed out-of-state insurance company.  Accounting firm found not liable.
• Case non-suited by plaintiff after summary judgment hearing in legal malpractice case involving non-subscriber worker’s compensation claim.
• Defeated defense counsel’s eve-of-trial attempt to disqualify plaintiff’s counsel in federal court discrimination lawsuit.
• Represented numerous lawyers in grievance proceedings before the State Bar of Texas.
• Advised numerous lawyers on best ethical practices to comply with the Texas Disciplinary Rules of Professional Conduct in novel situations.
• Defended directors and officers in various industries from bankruptcy Trustee adversary proceedings involving fraudulent transfers, profit claw backs, and other allegations.
• Represented architects and engineers in state, national, and international transactions.
• Advised healthcare providers and revised their business associate agreements, notices of privacy practices, and training materials to be HIPAA/HITECH compliant.
• Advised law firms in several states on best practices for safeguarding PII and PHI under HIPAA/HITECH, the Texas Identify Theft Enforcement & Prevention Act (Chapter 521), the Texas medical records privacy statute (Chapter 181), the relevant Disciplinary Rules of Professional Conduct, and their state cyber security statutes.
• Represented corporations and individuals in temporary injunction hearings to prevent the loss of trade secrets – including information on LinkedIn – or to enforce non-compete, non-solicitation, and confidentiality employment agreements.

• State Bar of Texas
• Bar Association of the Fifth Federal Circuit
• Dallas Bar Association
• Dallas Court Appointed Special Advocate (CASA) for minors in family law matters (2018-2019)
• Southern Methodist University Adjunct Professor for Mock Trial (2013 – 2018)
• Vice President Dallas Chapter of Claims & Litigation Management (CLM)
  (2012 – 2017)
• Secretary Dallas Chapter – Armed Forces Communications and Electronics Association (AFCEA) (2011 – 2015)