Kyle Hawkins

Partner | Austin

 
 

A former Texas Solicitor General and U.S. Supreme Court clerk, Kyle Hawkins is a veteran commercial litigator and appellate advocate. He is ranked by Chambers, The Best Lawyers in America, Super Lawyers, and other publications as among the most accomplished and trusted litigators in Texas. Clients routinely call on him to handle their most important disputes, whether it means winning in trial court, or preserving the win—or reversing a loss—on appeal.  

As the Chair of the firm’s Texas Appellate Practice, Kyle appears frequently in federal and state appellate courts. He has argued four cases in the U.S. Supreme Court, seven in the Texas Supreme Court, and dozens of others in federal and state intermediate appellate courts, including nearly 20 in the U.S. Court of Appeals for the Fifth Circuit. Kyle is the only advocate in the nation to argue five cases before the Fifth Circuit sitting en banc—and he prevailed in all five.  

Kyle maintains a robust practice in trial courts, where he handles major commercial disputes. He represents clients on everything from pre-complaint counseling through discovery, summary judgment, trial, and post-trial proceedings. In addition, clients often retain Kyle to partner with other trial lawyers as embedded appellate counsel, preparing jury instructions, crafting and arguing critical motions, advising on trial strategy, and preserving issues for appellate review. 

Kyle is frequently invited to speak at CLEs and other events. He has delivered several dozen speeches in recent years, to groups ranging from the Federalist Society to the Texas Bar CLE program, and covering topics ranging from the U.S. Supreme Court’s jurisprudence to civil rights to administrative law. Kyle also serves as an Adjunct Professor of Law at the University of Texas Law School, where he teaches seminars on constitutional law and oral advocacy.

From 2018 to 2021, Kyle served as the Texas Solicitor General, the state’s chief appellate litigator and one of the Texas Attorney General’s senior advisers. In that role, he regularly represented Texas executive officials and agencies, and he draws on that experience to assist clients with sensitive matters ranging from investigations to litigation against the state.  

Before joining Lehotsky Keller Cohn LLP, Mr. Hawkins was a commercial litigation partner in the Dallas and Houston offices of Gibson Dunn & Crutcher. He previously served as a law clerk to Justice Samuel A. Alito Jr. of the U.S. Supreme Court, and to Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit. 

Kyle graduated magna cum laude from Harvard College. He earned his law degree summa cum laude from the University of Minnesota Law School, where he served as Editor-in-Chief of the Minnesota Law Review and was elected to Order of the Coif. He received his law school’s William B. Lockhart Award, typically awarded to the graduating student with the highest GPA through five semesters, and the Class of 2009 Outstanding Contribution Award.  

Kyle lives in Austin, Texas with his wife and three children.  

 

Honors and Affiliations

  • Adjunct Professor, University of Texas School of Law

  • Temple Bar Scholar, Supreme Court of the United Kingdom

Court Admissions

  • Texas Bar

  • District of Columbia Bar (inactive)

  • Supreme Court of the United States

  • United States Courts of Appeals for the Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, and District of Columbia Circuit

  • United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas

  • United States District Court for the District of Columbia

Representative Experience

Federal and State Regulatory

  • Argued in the U.S. Supreme Court and Fifth Circuit on behalf of coalition of States challenging constitutionality of the Affordable Care Act

  • Argued before en banc Fifth Circuit in constitutional challenge to federal Indian Child Welfare Act

Environmental

  • Argued in Fifth Circuit in Commerce Clause and Administrative Procedures Act challenge to federal regulations involving Texas arachnid species

Breach of Contract

  • Argued in the Fifth Circuit on behalf of chemical company defending against breach-of-contract claims concerning distribution agreement

  • Argued in the Fifth Circuit on behalf of toy manufacturer defending against breach-of-contract claims arising under licensing agreement 

Civil Procedure

  • Argued before the en banc Fifth Circuit in seminal case reforming the scope of the collateral order doctrine and the availability of interlocutory appeals

  • Argued before Dallas Court of Appeals in case involving proper venue determination in personal injury matter

Elections

  • Argued in the Texas Supreme Court in a challenge to state law concerning distribution of applications to vote by mail

  • Argued in the Texas Supreme Court in a challenge to state law concerning voter eligibility

  • Argued in the Fifth Circuit in a challenge under the 26th Amendment to Texas’s voting rules

  • Successfully represented a Texas Supreme Court Justice in defeating an emergency mandamus petition about ballot access. In re Walker, 2024 WL 124291 (Tex. Jan. 11, 2024) (per curiam). 

Torts

  • Argued in Texas Supreme Court in case involving application of Texas Tort Claims Act’s discretionary-function exception 

Class Actions

  • Argued in the Austin Court of Appeals in challenge to class action judgment concerning utility fees

  • Represented multi-level marketing company in putative class action brought by members

Civil Rights

  • Argued on behalf of Comptroller of Texas in a case involving availability of compensation to former state prisoner

  • Argued in Fifth Circuit in case involving claims regarding COVID safety protocols in state prison

Arbitration

  • Argued in the Texas Supreme Court on the authority of local governmental entities to submit to binding arbitration

  • Represented prominent construction joint venture in binding arbitration, successfully defeating $8 billion claim in connection with the construction of one of the largest oil refineries in the world

Antitrust

  • Authored amicus brief cited by U.S. Supreme Court in major decision regarding Illinois Brick rule and antitrust standing

Water

  • Argued in the U.S. Supreme Court in a challenge to Special Master’s decision under the Pecos River Compact between Texas and New Mexico.

Healthcare

  • Argued before en banc Fifth Circuit in challenge to Medicaid Act’s choice-of-provider provision

  • Argued in Fort Worth Court of Appeals in case involving hospital practices and the scope of the Texas Advance Directives Act

Education

  • Argued in Fifth Circuit on behalf of Texas Education Agency in challenge to federal funding determination

Alcohol Regulation

  • Authored briefs in multiple cases concerning regulation of alcohol and the Texas three-tier system

  • Represented the Texas Alcoholic Beverage Commission in the U.S. Supreme Court in a challenge to Texas alcohol regulations 

First Amendment

  • Argued in Fifth Circuit on behalf of Texas Governor and State Preservation Board in challenge to rules regarding displays at State Capitol

Public Finance

  • Argued in the Texas Supreme Court in the first case to reach the Supreme Court involving the interpretation and application of the Expedited Declaratory Judgment Act

Criminal

  • Argued in U.S. Supreme Court on behalf of coalition of 36 States defending separate-sovereign doctrine under the Double Jeopardy Clause

  • Argued in U.S. Supreme Court in significant procedural case involving habeas corpus litigation

  • Argued before en banc Fifth Circuit in habeas corpus case involving prisoner’s challenge to his conviction

 

 
 

Education

University of Minnesota Law School, J.D., 2009, summa cum laude

  • Editor in Chief, Minnesota Law Review

  • Lockhart Award (traditionally awarded to graduating student with highest GPA through five semesters)

  • Class of 2009 Outstanding Contribution Award

Harvard College, A.B., 2002, magna cum laude