Russ Falconer

Russ Falconer is a litigation partner in Gibson Dunn’s Dallas office. He practices in the firm’s Litigation Department and handles the full gamut of complex, high-value disputes:  He tries cases, briefs and argues appeals, and litigates class actions and MDLs in state court, federal court, and arbitration.  Russ has been recognized by Chambers USA in the Dallas General Commercial Litigation category and has been described by his clients as “phenomenal,” “very smart,” and “good in the courtroom.”   He has also been recognized by The Best Lawyers in America©, Super Lawyers, and D Magazine in its Best Lawyers in Dallas list.

Russ has successfully litigated complex commercial disputes involving a wide range of issues and claims, including misappropriation of trade secrets, breach of contract, business torts, restrictive covenants, data privacy, breach of fiduciary duty, fraud, personal jurisdiction, private transfer fee covenants, piercing the corporate veil, creditor derivative suits, and claims under federal aviation law, the federal securities laws, the federal antitrust laws, the Clean Air Act, the Copyright Act, the Lanham Act, the Texas Public Information Act, Texas’s Deceptive Trade Practices Act, and various state consumer protection statutes.  Russ has extensive experience and expertise in acting as plaintiff’s counsel for businesses needing to litigate commercial claims against other businesses.

Recent Representative Experience

• As lead counsel to the Lockton Companies, obtained a precedential decision from the U.S. Court of Appeals for the Eighth Circuit upholding the enforceability of Lockton’s contractual rights against former producer members and awarding Lockton 100% of its attorneys’ fees (more than $9 million). 
• As lead counsel to Lockton, obtained a highly favorable confidential settlement after three days of a jury trial against a competing insurance brokerage firm and six former Lockton producer members.
• As lead counsel to Keurig Dr Pepper, obtained dismissal on the pleadings of a nine-figure breach-of-contract dispute with a vendor. 
• Obtained dismissal on the pleadings for Nestle USA of antitrust claims brought by X Corp. arising out of online advertising on Twitter.
• As lead counsel to Baylor University, obtained a complete dismissal under Rule 12(b)(6) of a putative class action challenging Baylor’s use of online learning in the early stage of the COVID-19 pandemic.
• Obtained summary judgment for Vistra Corp. in Texas state court in a dispute with a natural-gas supplier arising out of Winter Storm Uri.
• Briefed and argued a successful plaintiff’s side motion for summary judgment on liability for Keurig Dr Pepper against BA Sports Nutrition LLC (the manufacturer of Bodyarmor sports drink) and the Coca-Cola Company that was recognized by The Texas Lawbook as its 2022 Business Litigation of the Year.
• Representing Vistra Corp. in litigation in state and federal court in California relating to the Moss Landing Battery Energy Storage Facility.
• Helped Truck Insurance Exchange obtain a unanimous victory before the U.S. Supreme Court in Truck Insurance Exchange v. Kaiser Gypsum Co., 144 S. Ct. 1414 (2024).
• Obtained a preliminary injunction allowing Delta Air Lines to continue operating at the Dallas Love Field Airport; successfully defended the preliminary injunction on appeal to the Fifth Circuit.
• Member of the trial team that successfully represented a major electricity generator in a bench trial of a Clean Air Act citizen suit; obtained a complete trial win on all claims and a post-judgment award of $6.4 million in attorneys’ fees.
• As lead counsel for Delta Air Lines, obtained dismissal under Rule 12(b)(6) and successfully defended that dismissal on appeal in a case challenging Delta’s cargo ban on African big-game hunting trophies.
• Represented Facebook and Oculus as appellate counsel at trial and in post-trial proceedings after a $500 million adverse jury verdict; persuaded the district court to set aside $250 million of the verdict.

Russ graduated with highest honors from the University of Texas School of Law, where he was named the grand chancellor of the class of 2009 for having the highest GPA in his class after two years. After law school, Russ served as a judicial clerk to the Honorable Patrick Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable A. Joe Fish of the United States District Court for the Northern District of Texas. Russ earned a Master of Arts in journalism from the University of Texas College of Communication in 2006 and a Bachelor of Arts in philosophy from Emory University in 2000. Before practicing law, Russ worked as a debate coach at the University of California and as a journalist at the Austin American Statesman.

Capabilities

• Litigation
• Antitrust and Competition
• Appellate and Constitutional Law
• Class Actions
• Consumer Products and Retail
• Energy and Infrastructure
• Higher Education
• Mass Torts and Product Liability
• Oil and Gas
• Technology Litigation
• Trade Secrets
• Trials

Credentials

Education:

• University of Texas - 2009 Juris Doctor
• University of Texas - 2006 Master of Arts
• Emory University - 2000 Bachelor of Arts

Admissions:

• Texas Bar

Clerkships:

• US Court of Appeals, 5th Circuit, Hon. Patrick E. Higginbotham, 2010 - 2011
• USDC, Northern District of Texas, Hon. A. Joe Fish, 2009 - 2010