The Southwest Effect: How the Airline Changed the Legal Landscape in Texas
Herb Kelleher, the co-founder and longtime chief executive of Southwest Airlines who died in January at the age of 87, almost certainly didn't set out to change the legal landscape in Texas. It was the untapped potential in the Texas skies he was after.
March 11, 2019 at 06:00 PM
7 minute read
If you want to identify one of the most influential lawyers in Texas history, the roster to choose from would likely—and rightly—include some pretty incredible legal titans that run the gamut from Big Law firm founders to plaintiff lawyers with a litany of eye-popping verdicts to trailblazers who achieved what no one before them had been capable of accomplishing.
But how do you qualify influence? In seeking the answer to that question, it might be necessary to step back and survey the landscape from a better vantage point—say, one with a 30,000-feet view. It's there that you might find a case to be made for a New Jersey-born lawyer whose lifespan as a law firm partner in Texas lasted only a few short few years at the now-defunct Matthews, Nowlin, Macfarlane & Barrett in San Antonio, and whose Texas bar license lapsed in 1996. In fact, his legal experience might appear as a mere biographical footnote in a broader examination of the legacy he leaves as a businessman.
Herb Kelleher, the co-founder and longtime chief executive of Southwest Airlines who died in January at the age of 87, almost certainly didn't set out to change the legal landscape in Texas. It was the untapped potential in the Texas skies he was after.
Nonetheless, impact the Texas legal landscape he did.
In a July 3, 1995, story in Texas Lawyer, “A Tale of Two Cities,” firm leaders directly attributed the viability of their office expansions in Dallas and Houston to Southwest Airlines, which began operating flights in Texas after Kelleher won a court case allowing it in 1971. From the story:
With few exceptions, it seems the offices were opened less because of a particular client's needs than because a presence at both ends of I-45 is considered a minimum requirement for firms that want to be considered statewide or regional players. Easing the logistics was Southwest Airlines, whose frequent, cheap flights to and from both cities made the commute less daunting.
Southwest Airlines took the hassle out of traveling between these Texas cities, which count hundreds of miles between them. Dallas to Houston is 240 miles, which is nearly the same distance as Washington D.C. is to New York City. With Southwest, commutes to just about any city in Texas could be made in a fraction of the time.
“Southwest Airlines made it work,” said Baker Botts managing partner E. William Barnett in 1995. Barnett expounded on those comments in a recent interview.
“So much of the work we do in Dallas we wouldn't be doing without an office there,” said Barnett, who served as general manager of Baker Botts from 1984 to 1998. The firm opened its Dallas office in 1985 with eight lawyers.
Some of that early work included representing Electronic Data Systems, a Dallas company started by business magnate and former presidential candidate Ross Perot in 1962. And when Baker Botts set out to start an intellectual property practice, its initial hires were in Dallas, Barnett said. The IP practice alone now boasts 150 lawyers. All told, Baker Botts today has 742 lawyers working in more than a dozen offices around the world, with 371 based in Texas.
Harry Reasoner, a firm leader at Houston-based Vinson & Elkins echoed those sentiments regarding its own office expansions. “The ease of travel certainly facilitated our development of our offices in Dallas and Austin,” said Reasoner, a partner who joined the firm in 1964 and served as its managing partner from 1992 to 2001.
But the biggest impact that Southwest had on V&E was as a client.
“We were known as the law firm that represented Southwest,” Reasoner said.
And no conversation of outsized Texas lawyers would be complete without mentioning Charles “Chip” Babcock, a Jackson Walker litigator with a reputation for winning with an emphasis on media and First Amendment cases that—in the early days—would take him all throughout Texas.
Babcock recalled representing a newspaper reporter who was covering the trial of Fort Worth millionaire T. Cullen Davis on a murder-for-hire charge in Houston in the late 1970s. Davis was accused of hiring a hit-man to murder his estranged wife, Priscilla Davis, and the judge overseeing their divorce. The Dallas Times Herald called him, Babcock said, because its reporter had been subpoenaed to testify at the trial, which would preclude her from being in the courtroom to cover the trial.
“I whipped up a motion to quash (the subpoena) and got on Southwest out of Dallas,” Babcock said. “I couldn't have gotten to the hearing except for Southwest Airlines.”
Davis was acquitted of the solicitation of murder charge in November 1979.
In terms of a more regular commute, Babcock said the firm asked him to help with the merger of cultures between Jackson Walker and Dotson Scofield in 1990. When Babcock moved back to Dallas in 1993, he had a management position in Houston that required frequent trips there. “I had both Dallas and Houston cases,” he said. “Frankly, I couldn't have done it without Southwest Airlines.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSeyfarth Launches Energy Transactions Practice in Houston With Polsinelli Team
3 minute readTrending Stories
- 1First California Zantac Jury Ends in Mistrial
- 2Democrats Give Up Circuit Court Picks for Trial Judges in Reported Deal with GOP
- 3Trump Taps Former Fla. Attorney General for AG
- 4Newsom Names Two Judges to Appellate Courts in San Francisco, Orange County
- 5Biden Has Few Ways to Protect His Environmental Legacy, Say Lawyers, Advocates
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250