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Fulbright & Jaworski L.L.P.

Marcy Greer, Fulbright, appellate, federal, appeal, litigation, challenges, arbitration, antitrust, civil rights, class actions, contract, insurance, employement, labor, intellectual property, pharmaceutical, real estate, removals, gas, utilities
Marcy Hogan Greer - Fulbright & Jaworski LLP
Marcy Hogan Greer
Partner
D: +1 512 536 4581
Austin
98 San Jacinto Boulevard
Suite 1100
Austin, TX 78701-4255
T: +1 512 474 5201
F: +1 512 536 4598

Civil Appelate Law
"Complex litigation problems? We provide comprehensive solutions tailored to your needs."
AREAS OF CONCENTRATION
EXPERIENCE

Marcy Greer, a partner in Fulbright & Jaworski L.L.P.'s Austin office, joined the firm in 1994. Her practice is focused on civil trial and appellate litigation. She has been board certified in Civil Appellate Law by the Texas Board of Legal Specialization since 1997.

Before joining the Firm, Marcy was a law clerk for the Honorable Carolyn D. King, who is the former Chief Judge of the United States Court of Appeals for the Fifth Circuit.

Marcy's practice focuses upon the "law" side of the trial practice, principally litigation strategy and procedures in complex civil matters. She has handled trial and appellate proceedings throughout the country, including a wide range of substantive and procedural subject areas, such as:

  • Administrative agency challenges
  • Arbitration
  • Antitrust
  • Class actions
  • Civil rights
  • Contracts
  • Health care
  • Insurance
  • Intellectual property disputes
  • Labor and employment
  • Mass torts
  • Oil and gas
  • Pharmaceutical and products
  • Real estate
  • Removals
  • Utilities
REPRESENTATIVE EXPERIENCE
  • Defended appeal to the Fifth Circuit, which affirmed a summary judgment on the plaintiff's claims that a prescription drug had caused his pathological gambling on the grounds that his experts' opinions on causation were not scientifically reliable under Daubert
  • Successfully defended certification of settlement class in complex class action settlement with State of Texas
  • Defended a take-nothing judgment in a complex lending transaction where plaintiff sought a $28 million tax benefit
  • Reversal of a $186,000,000 judgment in a breach of license agreement and fraud case with the plaintiff taking nothing
  • Successful prosecution of an appeal to a state supreme court reversing a $7,000,000 judgment in a contract dispute with the plaintiff taking nothing
  • Successful defense of an appeal to a state supreme court after invalidating on appeal a statewide administrative rule by the Public Utility Commission on the ground that the rule exceeded the agency's authority
  • Successful writ of mandamus in which a state supreme court held in a case of first impression that a forum selection clause may be enforced by writ of mandamus if the trial court refuses to enforce the clause
PROFESSIONAL ACTIVITIES and MEMBERSHIPS
  • Supreme Court of Texas Pro Bono Pilot Project, Program Liaison (2007 - 2011)
  • Texas Appleseed Lead Pro Bono Partner for Project on "Improving Outcomes for Children in Permanent Managing Conservatorship" (Foster Care)
  • American Bar Association, Tort Trial & Insurance Practice Section
    • Leadership Academy (2007, 2008)
    • Book Publishing Board (2010, 2011)
    • Appellate Advocacy Committee, Vice-Chair (2006 - 2011)
    • Business Litigation Committee, Vice-Chair (2006 - 2011)
    • Corporate Counsel Committee, Vice-Chair (2010, 2011)
    • Corporate Governance Task Force, Member (2007 - 2010)
  • State Bar of Texas Appellate Section
    • Chair (2009, 2010)
    • Pro Bono Committee, Co-Chair (2004 - 2006)
    • Council Member (2000 - 2003)
  • Founder, Center for Women in Law at the University of Texas School of Law
  • Federal Bar Association, Austin Chapter, Vice-President (2009, 2010)
  • Robert W. Calvert American Inn of Court, Barrister (2005 - 2008)
  • Austin Bar Association
    • Austin Bar Foundation Auction Chair (2007)
    • Chair of the Civil Appellate Section (2002, 2003)
  • American Bar Foundation, Fellow
  • Texas Bar Foundation, Fellow
  • Austin Bar Foundation, Fellow
  • Travis County Women Lawyers Foundation, Founding Fellow
PROFESSIONAL HONORS
  • The Best Lawyers in America, Bet-the-Company Litigation (2010, 2011)
  • The Best Lawyers in America, Appellate Law (2006 - 2011)
  • The Best Lawyers in America, Commercial Litigation (2007 - 2011)
  • "Super Lawyers, Corporate Counsel, Edition," Appellate, Law & Politics (2009)
  • "Top 100 Texas Super Lawyers," Law & Politics (2010)
  • “Top 50 Texas Women Lawyers,” Law & Politics (2007 - 2010)
  • “Top 50 Central and West Texas Region Super Lawyers,” Law & Politics (2007, 2009, 2010)
  • “Texas Super Lawyers,” Appellate Law, Law & Politics (2003 - 2010)
PUBLICATIONS

Books:

  • National Editor, A Practitioner's Guide to Class Actions, published by the American Bar Association, Tort Trial and Insurance Practice Section, Book Editorial Board (ABA 2010)
  • "Supersedeas in Federal Court; Superseding and Staying Judgments: A Natural Compendium," Chapter 1, ABA TIPS, 2007
  • "Subject Matter Jurisdiction," Chapter 1 of Business and Commercial Litigation in Federal Courts, Robert L. Haig. Ed., West Group & ABA, 1998

Other publications:

  • Co-author with Jaclyn Hermes, Daniel McClure, Jonathan Franklin and Brian Greig, "Supreme Court Deals a Heavy Blow to Colossal Discrimination Class Actions," Fulbright & Jaworski L.L.P. Alert, June 22, 2011
  • "Complex, Multi-Party Litigation: What's Appealable and What's Not," State Bar of Texas 24th Annual Advanced Civil Appellate Practice Course, Austin, Texas, September 2010
  • "Preserving Error in the Court's Charge," State Bar of Texas Advanced Civil Trial Course, 2010
  • Co-author with Daniel James Pirolo and P. Hunter Port, "Corporate Governance At-A-Glance," Fulbright & Jaworski L.L.P. - Corporate Governance, November 4, 2009
  • Co-author with Tarifa B. Laddon and Marlene M. Losier, "Corporate Governance At-A-Glance," Fulbright & Jaworski L.L.P. - Corporate Governance, October 24, 2008 
  • Co-author with Yvonne Puig, "Fifth Circuit Reaffirms Federal Immunity in Physician Credentialing Case," Fulbright & Jaworski L.L.P. Briefing, July 25, 2008
  • "Civil Trial and Post-Trial Practice," Federal Court Practice Seminar, Federal Bar Association and the Austin Bar Association, Austin Chapter, 2005 - 2009 
  • "Arbitration Appeals and Challenges," State Bar of Texas Advanced Appellate Seminar, September 2007
SPEECHES
  • Panelist, "Appellate Annual Review: Cases that Matter to Business from the Fifth Circuit Court of Appeals," Fulbright & Jaworski L.L.P. CLE Seminar, Houston, Texas, October 2011
  • "Class Actions: Implications of Recent Supreme Court Decisions," Fulbright & Jaworski L.L.P. Web Seminar, June 30, 2011
  • "The ALI's New Principles of Aggregate Litigation: What Do We Make of Them?," American Law Institute and American Bar Association tele-CLE, September 2010
  • "Complex, Multi-Party Litigation: What's Appealable and What's Not," State Bar of Texas 24th Annual Advanced Civil Appellate Practice Course, Austin, Texas, September 2010
  • "Preserving Error in the Court's Charge," State Bar of Texas Advanced Civil Trial Course, 2010
  • "Annual Review: Cases That Matter to Business From the U.S. Supreme Court, the Texas Supreme Court and the Fifth Circuit Court of Appeals," Fulbright & Jaworski L.L.P. Client Seminar, October 14, 2009
  • Mandamus Vignettes (mock oral argument to Justice Harriet O'Neill and former Justices Scott Brister and Deborah Hankinson), State Bar of Texas Advanced Appellate Civil Appellate Practice Course, September 2009
  • "Who Wants To Be A Millionaire? A Tutorial On Class Actions For Bankruptcy Practitioners," University of Texas School of Law Bankruptcy Litigation Conference, Dallas, Texas, February 2009
  • Moderator of Panel on Amicus Briefs (panel included Justice Harriet O'Neill of the Texas Supreme Court, Chief Justice Sherry Radack of the Houston Court of Appeals [1st District], G. Edward Pickle, and Peter M. Kelly), State Bar of Texas Advanced Civil Appellate Practice Course, September 2008
  • "Supreme Court Update," co-presented with Justice Phil Johnson, State Bar of Texas 24th Annual Litigation Update, January 2008
  • "City of Keller: New Standards for Sufficiency of the Evidence Review,"  State Bar of Texas 23rd Annual Litigation Update, February 2007  
  • "Hot Spots to Preserve Error at Trial," 20th Annual Advanced Evidence and Discovery Course, State Bar of Texas, April 2007
EDUCATIONAL BACKGROUND

1990 - J.D., cum laude, University of Houston Law Center
1987 - B.A., History & French, Emory University

Marcy was admitted to practice law in Texas in 1990. She is admitted to the United States Supreme Court, the United States Courts of Appeals for the First, Fifth, Seventh, Eighth, Ninth, Eleventh and Federal Circuits, as well as each of the federal district courts of Texas and the United States District Court for the District of Colorado.

INTERESTS

Marcy and her husband enjoy spending time with their three daughters. She is an avid reader and loves to swim, ski, and cook.

CIVIC INVOLVEMENT
  • Texas Appleseed, Member of Visionary Society
  • Children’s Council (fundraising for Dell Children’s Medical Center of Central Texas)
  • St. Mark's Episcopal Church
LANGUAGE CAPABILITIES
  • French - Limited






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