“Todd Disher is a hell of a lawyer.” — Texas State Senator during October 4, 2021 floor debate.
Todd Disher is at home in the court. Recognized by Chambers USA for his State Attorneys General Practice (Nationwide) and named a Texas Super Lawyers Rising Star, Todd has led dozens of high-stakes lawsuits through state and federal trial courts and has first-chaired multiple trials to final judgment. Clients have referred to his courtroom work as “a real masterclass in handling the bench,” where he communicates the issues that matter “proactively in a clear and concise manner.” Described as a “brilliant lawyer who is beyond dedicated to his clients,” Todd “provides strong presentation with a sophisticated analysis.”
At Lehotsky Keller Cohn LLP, Todd focuses on pre-litigation strategy, trial-level representation, and working directly with government agencies. He has an extensive record of representing companies in both offensive and defensive litigation against governmental entities—whether challenging agency overreach or defending against government-initiated enforcement actions. He brings claims on behalf of businesses and private plaintiffs challenging state laws and local ordinances, fights federal agency overreach, and represents companies facing civil investigative demands and enforcement actions. He also counsels clients through complex commercial disputes involving alleged breach of contract, fraudulent transfers, anticompetitive conduct, and copyright infringement, winning significant results at trial, including a $185 million post-judgment settlement in a high-stakes bankruptcy proceeding.
Before joining the firm, Todd served as Deputy Chief of the Special Litigation Unit at the Office of the Attorney General of Texas, spending five years litigating some of the most high-profile and complex cases in the country. He defended the State of Texas, its agencies, and its elected officials against constitutional and statutory challenges, while also pursuing multi-million-dollar claims on behalf of the State.
Earlier in his career, Todd worked at an Austin-based litigation boutique and the Austin office of an AmLaw 100 firm, representing clients in complex business disputes and regulatory enforcement matters. He moved to Austin after graduating second in his class from Baylor Law School.
Court Admissions
Texas Bar
Supreme Court of the United States
United States Court of Appeals for the Fifth Circuit
United States District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
Representative Experience
Federal and State Regulatory
Successfully led the trial phase of a U.S. Supreme Court original action on behalf of a 30-state coalition suing another State for $300 million. Arkansas & Texas, et al. v. Delaware, U.S. No. 22O146.
Successfully obtained an injunction in an Administrative Procedure Act challenge to federal agency action on immigration. Texas v. United States, 524 F. Supp. 3d 598 (S.D. Tex. 2021).
Successfully defended a state agency rule regulating privately operated federal immigration facilities. Tex. Dep't Family & Protective Servs. v. Grassroots Leadership, Inc., No. 03-18-00261-CV, 2018 WL 6187433 (Tex. App.—Austin Nov. 28, 2018, pet. filed).
Redistricting and Elections
Successfully defended state redistricting plans against constitutional and Voting Rights Act challenges. Abbott v. Perez, 138 S. Ct. 2305 (2018).
Successfully defended, against Voting Rights Act challenges, the statewide election of Texas Supreme Court and Court of Criminal Appeals Justices. Lopez v. Abbott, 339 F. Supp. 3d 589 (S.D. Tex. 2018).
Successfully defended a State's winner-take-all method of appointing presidential electors to the Electoral College. LULAC v. Abbott, 369 F. Supp. 3d 768 (W.D. Tex. 2019).
Successfully defended, against a Voting Rights Act challenge, the repeal of straight-ticket voting in Texas. Texas Alliance for Retired Americans v. Hughs, 976 F.3d 564 (5th Cir. 2020).
Constitutional Litigation
Successfully defended a First Amendment, due process, and equal protection challenge to a state statute regarding the pledge of allegiance. Landry v. Cypress Fairbanks ISD, No. 4:17-cv-03004 (S.D. Tex. Aug. 12, 2019).
Successfully defended state agency against Eighth Amendment and statutory claims implicating hundreds of millions of dollars. Sain v. Collier, No. H-18-4412, 2020 WL 973389 (S.D. Tex. Feb. 28, 2020).
Commercial Litigation
Successfully conducted a week-long trial in the U.S. Bankruptcy Court for the Southern District of Texas on behalf of bankruptcy debtors, resulting in a $185 million post-judgment settlement. In re Rhodium Encore LLC & Air HPC LLC, No. 24-90448 (Bankr. S.D. Tex.).
Coordinated all offensive and defensive expert discovery in a construction defect claim on behalf of a plaintiff property owner against a general contractor and architect, resulting in a settlement of over $10 million.
Filed suit on behalf of a property owner over wildfire damage, resulting in a $20 million settlement.
Assisted with internal investigations into core business practices of Fortune 500 companies.
Represented a coalition of property owners in successfully convincing a state regulatory agency to reroute a transmission line away from clients' property following a week-long evidentiary hearing.
Education
J.D., Baylor University School of Law, 2013, magna cum laude
Senior Technical Editor,
Baylor Law Review
B.A., English, University of Oregon, 2008, cum laude, Phi Beta Kappa