Marisa Secco Giles
Marisa Giles is an experienced lead litigator who represents businesses and individuals in high-stakes disputes, including contract suits, construction litigation, securities litigation, tax controversies, restructuring litigation, and complex indemnity and insurance matters.
When working on a matter, Marisa leverages both her skills as a trial attorney as well as her experiences serving in prestigious roles in public service. She spent two years as a Rules Attorney for the Supreme Court of Texas, where she developed a deep knowledge of civil procedure and the state appellate process. Marisa also previously served as a judicial clerk at the U.S. Court of Appeals for the Fifth Circuit. Her experiences both there and at the Texas Supreme Court provided her valuable insights into how judges approach cases.
Marisa’s success representing clients and in public service earned her recognition from Texas Lawyer magazine, which named her one of 20 “Winning Women” in 2014. In the magazine, Texas Supreme Court Chief Justice Nathan Hecht praised Marisa as “an outstanding talent” who “can see the big picture.”
Marisa is a member of the Partnership Admissions Committee and Counsel Admissions and Compensation Committee, the Austin office hiring partner, and the lead of the Austin office’s Women’s Initiative.
Experience Highlights
Successfully defended a nationwide operator of student-focused apartment homes against federal and state antitrust claims that it used revenue management software to coordinate prices with competitors; obtained complete dismissal of the claims under Rule 12(b)(6)
Defending fintech company in Delaware Court of Chancery against breach of contract and fraud claims brought by SPAC related to terminated de-SPAC transaction
Defended golfing corporation in suit for terminating a lease under force majeure; presented briefing and oral argument within a few weeks, ultimately convincing the court to deny temporary injunction and precipitating a settlement shortly thereafter
Represented multi-state amenity management company in a trade secret and contract dispute; obtained multiple temporary restraining orders and favorable settlement
(Del. Ch.) – Represented sellers of technology company in Delaware Court of Chancery on breach of contract and fraud claims related to sales pipeline and accounting issues
Represented joint venture partner in five-day bench trial on breach of Delaware LLC agreement regarding rights of first refusal and sale of interest in joint venture
Representing seller of major league baseball team in post-closing merger dispute regarding liability for federal taxes
Representing cloud commerce company in post-closing merger dispute regarding sales contracts and post-closing tax liability
Defended retailer and certain of its officers in federal securities action and derivative lawsuits in Texas federal court alleging violations of Section 10(b) of the Securities Exchange Act arising from restated financials
In advance of summary judgment, obtained favorable settlement of securities fraud claims challenging exploration and production company’s disclosures in merger proxy statement
Representing subsidiary of Fortune 500 company in ICC Arbitration in defense and indemnity dispute relating to underlying highway construction dispute
Representing terminalling company in complex insurance recovery matter related to fire incident
Represented terminalling company in AAA Arbitration in breach of contract suit related to construction services; obtained favorable settlement
Defending Fortune 1000 energy company in expedited lawsuit challenging major commercial transaction in Pennsylvania state court
Obtained complete dismissal on behalf of four Texas cities of declaratory judgment suit brought by water district in Texas state court
Defending monetary authority in two adversary proceedings alleging fraudulent transfer in bankruptcy court in the Southern District of New York
Represented independent oil & gas services company debtor in Chapter 15 bankruptcy proceedings in Western District of Texas and related adversary class action litigation; obtained complete dismissal of adversary proceeding class action
Defended nutrition company against preliminary injunction sought by dissident shareholders in proxy contest
First chair trial attorney in US Tax Court case involving the allocation of income between corporate agent and principals
Prosecuted breach of merger agreement claim with underlying transfer pricing tax issues in Texas federal court and defended related arbitration on behalf of the sellers of an oilfield services company
Defending a foreign monetary authority in a federal lawsuit relating to the R. Allen Stanford $8 Billion Ponzi scheme
Representing numerous amici in an appeal pending in the Supreme Court of Texas
Assisted in obtaining complete dismissal on basis of ERISA preemption of claims by a class of current and former employees against a large insurance company, asserting that the company’s long-term disability policy violated state and federal law
Assisted in representation of a debt-buying entity in a fraud and breach of contract action in federal district court
Credentials
- The University of Texas School of Law, J.D. with high honors, 2007 (Chancellor; Order of the Coif; Texas Law Review)
- The University of Texas at Austin, B.A., Government with high honors, 2004
- Rules Attorney for the Supreme Court of Texas, 2011–2013
- Judicial clerk to the Honorable Fortunato P. Benavides, U.S. Court of Appeals for the Fifth Circuit, 2008–2009
- Chambers USA, Litigation: General Commercial (Austin), 2021–2024; “Up and Coming” in Litigation: General Commercial (Texas), 2021 and 2022
- Selected to the 500 Leading Litigators in America, Lawdragon, 2023–2025
- Selected to the Texas Super Lawyers list, Super Lawyers (Thomson Reuters), 2024
- Selected to the Texas Rising Stars list, Super Lawyers (Thomson Reuters), 2016 and 2017
- Texas Lawyer, Top 20 “Winning Women” litigation and appellate attorneys (Texas), August 2014
- Legal 500 U.S., Energy Litigation: Oil & Gas, 2019
- The Best Lawyers in America© (BL Rankings, LLC), Commercial Litigation (Austin), 2021–2025
- Membership Chair: Federal Bar Association Austin Chapter
- Member: Austin Bar Association; American Bar Association; Federal Bar Association; Access to Justice Rules Subcommittee
- Vice-Chair: Texas State Bar Court Rules Committee Trial Subcommittee
- Texas
- U.S. Court of Appeals for the Fifth Circuit
- U.S. District Courts for the Western, Southern, Eastern, and Northern Districts of Texas
- InsightNovember 5, 2024
This article has been published in the PLI Chronicle: Insights and Perspectives for the Legal Community
- Rankings & AwardsSeptember 19, 2024
- Rankings & AwardsSeptember 12, 2024
- Deals & CasesJuly 10, 2024
- Rankings & AwardsJune 6, 2024
- InsightSeptember 26, 2023
Published by Law Business Research Ltd
- Rankings & AwardsSeptember 11, 2023
- Rankings & AwardsAugust 21, 2023
- Rankings & AwardsJune 1, 2023
- Rankings & AwardsOctober 4, 2022
- Rankings & AwardsAugust 18, 2022
- Rankings & AwardsJune 1, 2022
- Deals & CasesApril 14, 2022
- InsightMarch 8, 2022
Published by Texas Lawyer
- “Q&A on the Importance of Women Mentoring Women,” Texas Lawbook, March 8, 2023
- Presiding Officer, UT Law Conference on State and Federal Appeals, June 2, 2017
- “Pretrial Matters and Injunctive Relief” CLE Presentation, Federal Practice Seminar, April 6, 2016 (co-presenter)
- “Fifth Third — And Why Stock-Drop Suits Will Live Anyway,” Law360, March 31, 2014 (co-author)
- “Pretrial Matters/Injunctive Relief,” CLE Presentation, Federal Practice Seminar, February 19, 2014 (co-presenter)
- “Supreme Court Rules Committee Update,” CLE Presentation, Advanced Civil Appellate Practice Course, September 2013 (co-presenter)
- “Juries and Technology: Revised Texas Civil Jury Instructions Include Warnings about the Internet and Social Media,” The Advocate, Fall 2012 (co-author)
- “Rules Affecting Practice from the 82nd Legislature,” CLE Presentation, February 2012 (co-presenter)
- “The Uncertainty and Unpredictability of the Limitations Period For Claims For Benefits Under ERISA § 502(a)(1)(B),” Bloomberg Law Reports, June 2011 (co-author)