“Todd Disher is a hell of a lawyer.”
- Texas State Senator during October 4, 2021 floor debate.
Todd Disher is at home in court. He has led dozens of high-stakes lawsuits through state and federal trial courts, and he has first-chaired multiple trials to final judgment. For example, Mr. Disher has successfully challenged federal government regulations, defended redistricting maps, and led multi-state coalitions representing millions of Americans.
At Lehotsky Keller Cohn LLP, Mr. Disher focuses on pre-litigation strategy, trial-level representation, and interfacing with government agencies. He has brought claims on behalf of private plaintiffs challenging state laws and local ordinances. He has fought against federal agency actions and represented companies facing civil enforcement liabilities. And he has advised on commercial disputes ranging from alleged fraudulent transfers, anticompetitive behavior, and copyright infringements.
Before joining Lehotsky Keller Cohn LLP, Mr. Disher was the Deputy Chief of the Special Litigation Unit at the Office of the Attorney General of Texas. He spent five years litigating some of the most high-profile and complex cases anywhere in the country. Mr. Disher defended the State of Texas, its agencies, and its elected officials from constitutional and statutory challenges in addition to pursuing multi-million-dollar claims on behalf of the State.
Mr. Disher previously worked at an Austin-based litigation boutique and the Austin office of Locke Lord LLP. He represented clients in complex business disputes and regulatory enforcement actions brought by government agencies. Mr. Disher 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 injunction in 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
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 that settled for over $10 million.
Filed suit on behalf of a plaintiff property owner suing over wildfire damage, which resulted in a $20 million settlement.
Assisted with internal investigations over core business practices of Fortune 500 companies.
Represented a coalition of multiple property owners in successfully convincing a state regulatory agency to route a transmission line away from the clients’ property after 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