Overview
Stephen Gilstrap is of counsel in the Litigation Department of Paul Hastings and is based in the firm’s Dallas office. His practice is focused on appellate litigation, as well as white-collar and commercial litigation more generally. Stephen has deep appellate and trial experience in litigation concerning white-collar crime, healthcare fraud and a wide range of business disputes, including securities fraud, trade-secret misappropriation, breach of contract and breach of fiduciary duty.
Prior to joining the firm, Stephen served as the appellate chief in the U.S. Attorney’s Office for the Northern District of Texas, where he handled nearly 300 appeals in the U.S. Court of Appeals for the Fifth Circuit. While in government and earlier in private practice, Stephen argued 15 appeals in both federal and state courts. In addition to his appellate expertise, Stephen has significant federal jury trial experience and has managed all stages of litigation in a variety of disputes.
After graduating from law school, Stephen clerked for the Honorable Judge Jose A. Cabranes on the U.S. Court of Appeals for the Second Circuit and the Honorable Judge Lewis A. Kaplan on the U.S. District Court for the Southern District of New York.
Education
- Yale Law School, J.D., 2011
- The University of Texas at Austin, B.A. & B.B.A. (with highest honors), 2008
Representations
Federal Appellate & Trial Experience
- Successfully argued a dozen criminal appeals in the U.S. Court of Appeals for the Fifth Circuit, resulting in complete or partial affirmances of criminal convictions and sentences.
- Obtained an emergency stay in the U.S. Court of Appeals for the Fifth Circuit of an FDIC order assessing a civil penalty against a banking client.
- Argued an appeal in the U.S. Court of Appeals for the D.C. Circuit involving an ex post facto clause challenge, after which the presiding judge commented that Stephen had done an “extraordinary job.”
- Won dismissal of an interlocutory appeal in the U.S. Court of Appeals for the Fifth Circuit based on an alleged violation of the double jeopardy clause filed on the eve of trial.
- Drafted a successful Rule 23(f) petition for permission to appeal in a securities fraud case that helped force a settlement while the appeal was pending.
- Represented a global software company in federal litigation alleging trade-secret misappropriation, obtaining partial defense verdict after a two-week jury trial.
- Obtained a take-nothing judgment in a banking client’s favor following motions practice and a lender-liability trial.
- Reached a favorable settlement in a securities fraud case after obtaining dismissal of most of the plaintiff’s claims.
State Appellate & Trial Experience
- Argued and won reversal in the Amarillo Court of Appeals of a judgment against a banking client in a breach-of-contract dispute.
- Obtained an eight-figure settlement on behalf of a life-sciences company after arguing a motion for summary judgment in a breach-of-contract case related to tax indemnification.
- Obtained dismissal, on forum-selection grounds, for a private equity fund in a suit involving allegations of fraud and breach of contract.
- Argued and won a motion to compel arbitration in a suit involving fraud claims against attorney and law-firm clients.
- Obtained a favorable settlement on the eve of trial for a plumbing supply business, in a case involving breaches of a non-competition agreement.
Involvement
- Barrister, William “Mac” Taylor and Sarah T. Hughes Inns of Court
- Board of Visitors Member, Plan II Honors Program at the University of Texas at Austin
- Student Enrichment Committee Member, Booker T. Washington High School for the Performing and Visual Arts
- Children’s Leadership Council, First United Methodist Church of Dallas