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Ashley T. Kisner

Member
fax +1 214.659.4111

Ashley Kisner represents clients in commercial litigation matters involving business contracts, environmental issues, fiduciary liability (trust and estate matters), and real estate disputes.

Ashley brings a practical, client-focused approach to problem solving and believes that effective collaboration with the client team creates the best results. She appears regularly in State and Federal Courts, including experience in multi-district class actions and multi-party litigation.

She provides counseling on a variety of environmental and real estate issues, including post-transaction disputes, underground storage tank regulations and claims, deed restrictions, access, license and indemnity agreements, and commercial tenant disputes

Ashley also represents retail gasoline clients in all aspects of the industry, including compliance with UST regulations, audits, and EMS development; and drafting indemnities in transactions, personal injury and property damage lawsuits arising out of gasoline releases, appeal of reimbursement determinations by various state UST funds, universal waste management, and consumer protection lawsuits involving pricing and product quality, and post-transaction disputes.

She provides counsel to clients in trust and estate disputes, including will contests, trustee fiduciary claims, and representation of non-profit entities and private foundations in trust and other related matters.

Ashley has held a variety of firm leadership positions in her career, including leading the former Specialty Litigation Practice Unit and prior service on the firm’s Executive Committee. She currently serves as Leader of the firm’s Retail and Hospitality Industry Team, which focuses on meeting the needs of clients in these industries across a broad spectrum of legal services.

Education

J.D., Vanderbilt University Law School, Nashville, Tennessee, 1994, Moot Court Board
B.A., magna cum laude, Baylor University, Waco, Texas, 1991

Recognitions

Rated AV Preeminent by Martindale-Hubble

Memberships

Dallas Bar Association

Texas Bar Foundation, Member

Undermain Theatre, Past President, Past Secretary, Board of Trustees Member (1996-present)

Suicide and Crisis Center, Board of Trustees, Past President (2010-2017)

Attorneys Serving the Community, Sustaining Member, former Underwriting Committee Chair (1996-2013)

Leadership Dallas, Class of 2009

Leadership Arts, Class of 1996

State Bar Licenses

Texas, New Mexico

Court Admissions

U.S. District Ct., N.D. of Texas
U.S. District Ct., S.D. of Texas

Experience

General Commercial Litigation

  • Obtained summary judgment for defense on breach of gas supply contract.
  • Represented gasoline retailers in multi-district class actions for alleged deceptive sales practices.
  • Successful arbitration of partnership dissolution on behalf of general partner.
  • Assisted in obtaining favorable verdict in trial of breach of contract dispute between a software developer and its customer.

Environmental

  • Obtained defense verdict in favor of client in two-week jury trial alleging environmental contamination at the end of lease term.
  • Negotiated multiple agreements for access to neighboring properties to affect environmental clean-ups.
  • Obtained plaintiff summary judgment on liability in case involving breach of environmental indemnity.
  • Assisted in successful settlement of litigation involving personal injury and property damage claims arising out of release of gasoline from underground storage tank.
  • Assisted in successful defense of class action litigation filed against major underground storage tank owner by neighboring property owners.
  • Represented potentially responsible parties PRPs in a variety of CERCLA matters and litigation.

Real Estate

  • Obtained permanent injunction in property-use restriction matter for large property owners’ association.
  • Successful trial of breach of restrictive covenant lawsuit arising out of unauthorized construction.
  • Obtained defense verdict in trial of commercial lease dispute for technology company.
  • Routine representation of large hospital owner in lease and commercial real estate disputes.

Trust and Estates

  • Jury verdict in favor of client executor in two-week trial of will contest alleging undue influence and lack of capacity.
  • Successfully defended trustee against breach of fiduciary duty allegations involving trust administration.
  • Obtained favorable settlement of claim for bequest on behalf of private foundation.
  • Represented and successfully settled claim against a private foundation that major charitable gift had been wrongly given.
Presentations
  • Strategies for Leadership in a Remote Environment (Retail Roundtable, January 2021)
  • Environmental Liability in Real Estate Transactions, Client CLE Presentation (April 2019, May 2018, June 2014)
  • Collaboration Techniques for Better Results, 2018 ALFA International Conference (March 2018)
  • Strategies for Creating Diverse Workplaces, 2018 ALFA International Retail Conference (Jan. 2018)
  • Making It Work-Creating Better Relationships Between In-House and Outside Counsel, 2014 ALFA International Conference (March 2014)

The Clark Hill approach is equally pragmatic and growth-minded, which is why we understand our clients’ toughest business challenges. Our multidisciplinary, global team of advisors focuses on smart legal solutions, delivered simply.

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