Ashley T. KisnerAshley Kisner Clark Hill
Ashley T. Kisner
Ashley Kisner represents clients in commercial litigation matters with an emphasis on business disputes and business torts, environmental issues, and real estate cases. She appears regularly in State and Federal Courts including experience in multi-district class actions and multi-party litigation.
Ashley provides counseling on a variety of environmental and real estate issues, including:
- post-transaction disputes;
- underground storage tank regulations;
- deed restrictions;
- access, licenseæand indemnity agreements; and
- commercial tenant disputes.
Her significant experience with e-discovery in complex litigation makes Ashley a skilled advocate when advising clients on document management issues.
Ashley has broad experience representing retail gasoline clients in all aspects the industry, including:
- personal injury and property damage lawsuits arising out of gasoline releases, including individual and class action claims;
- appeal of reimbursement determinations by various state UST funds;
- universal waste management and consumer protection lawsuits involving pricing and product quality;
- compliance with UST regulations;
- audits and EMS development; and
- drafting indemnities in transactions and post-transaction disputes.
Ashley also counsels retail clients in lease disputes and other real estate litigation, and advises a variety of clients in post-transaction disputes related to potential liability for environmental clean-up costs.
Ashley supports the firm's Tax and Estate Practice Group when probate and fiduciary matters call for an experienced litigator. She co-leads the firm's Retail Industry Team.
- Successfully defended trustee against breach of fiduciary duty allegations involving trust administration.
- Obtained summary judgment for defense on breach of gas supply contract.
- Assisted in successful defense of class action litigation filed against major UST owner by neighboring property owners.
- Injunction obtained in property-use restriction matter for large property owners' association.
- Successful trial of breach of restrictive covenant lawsuit arising out of unauthorized construction.
- Obtained defense verdict in trial of commercial lease dispute for technology company.
- Negotiated multiple agreements for access to neighboring properties to affect environmental clean-ups.
- Obtained plaintiff summary judgment on liability in case involving breach of environmental indemnity.
- Assisted in successful settlement of litigation involving personal injury and property damage claims arising out of release of gasoline from underground storage tank.
- Represented gasoline retailers in multi-district class actions for alleged deceptive sales practices.
- Environmental Liability in Real Estate Transactions, Client CLE Presentation (June 2014)
- Making It Work-Creating Better Relationships Between In-House and Outside Counsel, 2014 ALFA International Conference (March 2014)
- Maximizing Relationships with Outside Counsel, Marcus Evans Conference (March 2013)
- E-Discovery Update: The Latest Trends in Law and Technology, 16th Annual SMU Corporate Counsel Symposium (October 2008)
- Minimizing Liability in the Transfer of Real Property, Strasburger Business & Law Forum (December 2006) andæStrasburger Corporate Counsel Series (October 2006)
- Balancing the Benefits and Burdens of Electronic Discovery, SMU Corporate Counsel Series (October 2004)
- Co-presenter. Creating a Defensible Electronic Document Preservation Plan, Dallas Bar Association Business Litigation Section Meeting (April 2004)
- Property Owners Associations and Restrictive Covenant Enforcement. University of Texas Conference on Land Use Planning (March 2004)
- Co-presenter. Creating a Defensible Electronic Document Preservation Plan, Strasburger Corporate Counsel Series (January 2004)