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Katherine T. Garber

Senior Counsel
fax +1 832.397.3502

Katherine T. Garber litigates a variety of matters for her clients as well as actively negotiates, prepares, and reviews contracts for clients involved in onshore and offshore energy operations and maritime services.

Kathy advises her clients from pre-litigation negotiations through trial and appeal, focusing on business and commercial disputes, insurance coverage issues, personal injury and property damage claims, and cargo and freight claims. In her contractual practice, she advises clients primarily on contractual indemnity, insurance, and related-risk shifting issues.

Clients value Kathy’s experience because she focuses on achieving the best outcome for the client in the particular situation.

Education

J.D., University of Texas School of Law, Austin, Texas, 1988
B.S., Texas A&M University, College Station, Texas, 1984

Recognitions

2017 Distinguished Service Award, Transportation Lawyers Association

Memberships

State Bar of Texas, Insurance Law Section

Houston Bar Association, Member

Conference of Freight Counsel, Chairman (2018-2020); Vice Chairman (2016-2018)

Transportation Lawyers Association, Member

State Bar Licenses

Texas

Court Admissions

U.S. District Ct., E.D. of Texas
U.S. District Ct., N.D. of Texas
U.S. District Ct., S.D. of Texas
U.S. District Ct., W.D. of Texas
U.S. Court of Appeals, 5th Circuit

Representative Matters

  • Obtained summary judgment for transportation broker against shipper on federal preemption of state law claims other than breach of contract, under 49 U.S.C. § 14501(c). Huntington Operating Corp. v. Sybonney Express, Inc., No. H-08-781, 2010 WL 1930087 (S.D. Tex. May 11, 2010).
  • Obtained judgment in arbitration in favor of managing general agent against retail insurance agent in dispute regarding placement of coverage.
  • Obtained dismissal of gas detection service company in arbitration for property damage resulting from offshore platform explosion.
  • Represented numerous property owners and managers against suits brought for injuries resulting from criminal activities on premises.
  • Represented general contractors against suits brought for injuries to employees of subcontractors on job sites.
  • Served as coverage counsel for excess insurer in lead contamination lawsuit involving multi-million dollar construction project.
  • Served as coverage counsel for excess insurer in lawsuit alleging personal injuries resulting from ammonia release at chemical facility.
Articles
  • Whose Burden Is It to Ascertain the Value of the Freight for Insurance Purposes?, Strasburger’s Transportation & Logistics Blog (March 2015)
  • Once More Unto the Breach, Strasburger’s Transportation & Logistics Blog (March 2013)
  • Co-author, Employee Investigations Can ‘Fuel’ Defamation Lawsuits, The Transportation Lawyer (January 2010)
  • Co-author, The Heightened Risk of Employing Undocumented Workers, The Transportation Lawyer (October 2008)
  • Co-author, Honey I Shrunk the World! Personal Jurisdiction over Freight Intermediaries in the Global Internet Era, The Transportation Lawyer (October 2007)
Presentations
  • Speaker, Indemnity & Insurance Issues for Housing Authorities, 7th Annual HATS: The Housing Authorities of Texas Symposium (November 2016)
  • Moderator. Insuring Goods Across Borders: Can It Be Simple?, 49th Transportation Law Institute (October 2016)
  • Speaker, Important Legal Issues for 2016 and Beyond: Indemnities, Insurance, and OCIPs, Client Presentation (August 2016)
  • Panel Speaker, A Brave New World: Risk Management, Upstream, Downstream, and Everywhere in Between, Strasburger Energy Symposium (May 2016)
  • Speaker, Contractual Indemnity Issues, Client Presentation (December 2015)
  • Program Chair, 48th Transportation Law Institute (October 2015)
  • Speaker, Cargo Claims: What Carriers, Freight Brokers, and Shippers Can Learn from the Latest Developments, TLP &SA Conference (April 2015)
  • Risk-Shifting – Indemnity and Insurance Issues, Client Presentation (December 2014)
  • Speaker, Getting Around Statutory Prohibitions to Indemnity, Client Presentation (October 2014)
  • Speaker, Cargo Claims FAQ: Cleaning the Air (and Land) on Oft-Heard Freight Claims Issues, TLA Annual Conference (May 2014)
  • Speaker, How to Handle Rejection: When a Consignee Says “No” to Cargo, TLA Webinar Series (September 2013)
  • Moderator, Intermediaries: “A Cask of Thousands,” TLA Annual Conference (May 2013)
  • Speaker, Practical Cargo Insurance Considerations, 2011 TLA Annual Conference (May 2011)
  • Speaker, Know Your Limits: Anatomy of a Multimodal Shipment; Beyond the Fine Print, 2011 TLA Annual Conference (May 2011)
  • Moderator, Mediating a Complex Multi-Party Transportation Case, 2009 TLA Annual Conference (May 2009)
  • Speaker, Are You Protected? Current Issues in Directors and Officers Liability and Insurance Coverage, Strasburger Corporate Counsel Series (November 2007)
  • Speaker, Minimizing Liability in the Transfer of Real Property, Strasburger Corporate Counsel Series (October/November 2006)

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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