Senior Counsel
512-652-5792
jhatchitt@wshllp.com

“James Hatchitt successfully represented my company in a lawsuit brought against us. The case was tried before a jury for several days. The jury ultimately ruled completely in our favor, thanks to James’s hard work and attention to detail. The court victory meant everything to us at the time. It allowed us to stay in business and succeed!”

- WSH Client

“Over the last several years, James Hatchitt has become a reliable legal counselor for our firm. He is always prompt in his responses and advice. And his insights and initiatives have helped us achieve our corporate objectives, which were extremely challenging before we engaged his services. I recommend him for serious consideration.”

- WSH Client

“James was my attorney on a very complex business dispute case. He recognized some key jurisdictional issues that allowed the case to be removed to federal court. He was also able to strategically play out a missed derivative claim that prevented the plaintiff from amending his complaint to bring the missed counts. At all stages he was involved, knowledgeable, and his billing was very reasonable. I would recommend James 100% for any business litigation or any other kind of case that is in his wheel house.”

- WSH Client

“When we turned to James Hatchitt for help, we felt trapped in a situation that was threatening everything we had worked for our entire lives. James provided the skill, innovation and calm demeanor that gave us the confidence and fortitude to take the necessary legal action. Throughout the process James clearly explained our rights and options, and he held his own when representing us in court. He was 100% successful in resolving our situation and we are forever grateful for the work he did for us”

- WSH Client

James Hatchitt represents clients before both state and federal courts and arbitration panels. He has significant experience in business torts, fraud, contracts, insurance coverage, employment disputes, real estate, and fiduciary and probate matters.

Among other awards and honors, James is a graduate of the Austin Bar Leadership Academy, and has served on multiple committees for both the Austin Bar Association and the Austin Young Lawyers Association. He is a Life Fellow of the Texas Bar Foundation, an honor bestowed each year on less than 1/3 of 1% of all Texas attorneys.

James regularly performs pro bono work for Volunteer Legal Services of Central Texas, including service at both legal advice clinics and through full representation of qualifying clients.

Prior to joining WSH, James was a litigation associate in the Houston office of an international law firm, and a partner at a litigation boutique in Austin.

Outside the Office

An Austin native, James earned his undergraduate degree from The University of Texas at Austin. While in college, he was president of his fraternity and a member of the Longhorn Band, the Showband of the Southwest. He still appears as a member of the Longhorn Alumni Band.

Nearly all of James’s family is still in the greater Austin area. He and his wife Danielle live here with their three young children. His parents are ranchers outside of Lockhart, and his siblings are a nurse, a middle school math teacher, and a certified public accountant.

Representative Cases

Appellate

  • Briefed, argued, and won case in the Supreme Court of Texas regarding exhaustion of administrative remedies. Represented a quadriplegic man who was injured while trimming trees near power lines. In re Oncor Elec. Delivery Co., LLC, 630 S.W.3d 40 (Tex. 2021).
  • Briefed and argued case in the Supreme Court of Texas regarding the enforceability of a forum-selection clause. Represented an insurance agent against a national insurance carrier. In re Nationwide Ins. Co. of Am., 494 S.W.3d 708 (Tex. 2016).
  • Briefed and won case in the Supreme Court of Texas regarding the priority of venue statutes. Represented a groundwater company and its general partner against claims by limited partners. In re Fox River Real Estate Holdings, Inc., 596 S.W.3d 759 (Tex. 2020).
  • Briefed and won case in the Supreme Court of Texas regarding the viability of a default judgment. Represented a couple sued by a former employee regarding at-work injuries. Spanton v. Bellah, 612 S.W.3d 314 (Tex. 2020).
  • Briefed case in the Supreme Court of Texas regarding governmental immunity of a city. Represented the family of a man killed when a vehicle lost control on a dangerous curve.
  • Briefed and won multiple petitions for review in the Supreme Court of Texas, resulting in favorable denials of review. Clients included the family of a woman who died shortly after childbirth, and a company that obtained a favorable judgment against a regional transportation agency.
  • Briefed, argued, and won case in the Third Court of Appeals regarding the designation of responsible third parties. Represented an individual against a vanity license plates company.
  • Briefed numerous petitions for writs of mandamus, including cases involving discovery of electronic devices, denial of pleas in abatement, printing of election ballots, and venue motions
  • Briefed numerous interlocutory appeals (including appeals of temporary injunction and motions to compel arbitration) and appeals of final judgments.

Contracts

  • Represented groundwater company in arbitration regarding interpretation of provisions in related contracts, involving millions of dollars in disputed payments. Secured favorable award.
  • Represented a state university system and its athletic director against claims by a former football coach. Obtained dismissal of a second-filed lawsuit based on a mandatory forum-selection clause.
  • Represented members of an LLC that operated restaurants and hotels against breach-of-contract claims by a well-known chef.
  • Represented a mobile device service company against claims for breach of contract by a former sales representative. Obtained a jury verdict of 2% of the damages demanded, and the case later settled on favorable terms.
  • Represented a Florida-based technology company and its president against claims for breach of contract by a former employee. Obtained dismissal of the lawsuit for lack of personal jurisdiction.
  • Represented employee benefits company in claim for breach of contract against a large office supplies and technology company. Case settled favorably after obtaining summary judgment that the contract was breached.

Partnership disputes

  • Represented limited partners in group of family companies that owned $40 million in commercial and industrial property in the greater Austin area. Case settled on favorable terms after successful move to probate court and denial of defendants’ motions for summary judgment.
  • Represented LLCs and their members against a former member and his construction companies for fraud and breaches of contract and fiduciary duties.
  • Represented an LLC and its sole member against claims by a former business partner that the member breached contractual and fiduciary duties in forming the LLC without the partner as a member. Obtained summary judgment on the claims.
  • Represented multiple investors in a real estate investment company in claims to redeem millions of dollars in investments.
    Fiduciary matters
  • Represented members of an LLC that licensed trademarks for open-source firewall software against claims by another member of the LLC of breaches of contracts and fiduciary duties. Obtained jury verdict of less than 1% of the damages demanded.
  • Represented board of directors against claims by shareholders that the board breached fiduciary duties. Case was voluntarily dismissed after a Delaware chancery court ordered a vote for new directors, and the same board was reelected.

Insurance Coverage

  • Represented a sports marketing company as a policyholder against its insurance carrier, seeking reimbursement of defense costs incurred in a separate federal lawsuit. Case settled on favorable terms after winning summary judgment on the carrier’s duty to defend.
  • Represented a packing company as a policyholder against its insurance carrier seeking reimbursement of expenses related to a product recall. Case settled on favorable terms.
  • Represented a trucking company as a policyholder against its insurance carrier related to hail damage to one of the company’s offices and equipment depots. Case settled on favorable terms after the case was remanded from federal court following the insurance carrier’s removal.
  • Represented oilfield services company as a policyholder against its insurance carriers and agents regarding coverage for a theft of tools and supplies. Case settled on favorable terms after the case was remanded from federal court following the insurance carriers’ removal.
  • Represented construction company as a policyholder against its insurance carrier regarding a recovery of policy benefits for money and property stolen by a former employee. Case settled presuit on terms favorable to the client.

Employment disputes

  • Represented members of an LLC that operated restaurants and hotels against claims by a former member for breach of contract. Asserted counterclaims for breach of a noncompete agreement, and resolved all claims favorably in arbitration.
  • Represented engineer against claims by a former employer that his new position violated a noncompete agreement.
  • Represented an information technology company in claims against a former employee who accessed and manipulated company databases after his termination. Case settled favorably after the company obtained a temporary restraining order.
  • Represented former employee against claims by large construction contractor that the former employee took and used proprietary company information. Lawsuit was dismissed after the employee filed counterclaims regarding the company’s bidding practices.

Personal Injury

  • Represented quadriplegic woman and her family against a multinational diversified equipment manufacturing company for injuries caused by a UTV. Obtained a $15 million jury verdict, which was upheld on appeal to the Fifth Circuit.
  • Represented family of man killed in a crash with a garbage truck, which was backing out blind onto a primary thoroughfare.
  • Represented family of murdered college student against family of the murderer. Case settled on favorable terms after a motion to dismiss was denied and attorney’s fees were awarded to our clients.

Warranty

  • Represented bottled water company against mineral water supplier and bottler regarding claims that the bottler provided water contaminated with live protozoa. Case settled favorably after the defendants’ motion for summary judgment was denied.
  • Represented large commercial truck manufacturer against warranty claims by multiple customers, including alleged engine and exhaust system defects.
  • Represented regional solar panel company against warranty claims by multiple customers, including longevity and production defects.

Oil and Gas

  • Represented landowner in claim against a large exploration and production company regarding breach of a letter of intent to lease property. Case settled on favorable terms on the eve of trial.

Real Estate

  • Represented developer in a dispute with a city regarding the enforceability of a development agreement. Case settled on favorable terms after city’s plea to the jurisdiction was denied.

Bankruptcy

  • Represented debtor-in-possession as litigation counsel in adversary proceedings, related state court litigation, and in contested plan confirmation proceedings.
Honors & Distinctions
  • Texas Super Lawyer – Rising Star 2017–2020, 2022–2024
Professional Memberships
  • State Bar of Texas
  • Texas Young Lawyers Association
  • Texas Bar Foundation, Life Fellow
  • Austin Bar Association
  • Austin Young Lawyers Association
  • Austin Bar Foundation, Life Fellow
  • Lloyd Lochridge American Inn of Court, former associate
Education
  • Baylor University School of Law, J.D., with honors, 2010
  • The University of Texas at Austin, B.B.A., 2006
    • Engineering Route to Business (Mechanical Engineering/Finance & Accounting blocks)
Clerkship
  • Law clerk to the Honorable Ed Kinkeade, United States District Court for the Northern District of Texas, Dallas division, 2010–2011
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