John Kinchen

Complex Litigation · White-Collar Defense · Securities Litigation

John Kinchen is the rare trial lawyer who skillfully navigates between complex commercial litigation and high-stakes white-collar criminal matters. John has developed a national trial practice in both arenas and in a variety of industries, including energy, financial services, health care, tax, real estate, and telecommunications.

While John has a strong record of delivering successful results in the courtroom, his most rewarding victories are the quiet but positive resolutions that keep his clients far from any public scrutiny.

John has particular skill and experience in defending clients against allegations of corporate misconduct, securities fraud, tax fraud, health care fraud, and environmental crimes; conducting internal investigations related to such allegations; and defending and prosecuting complex commercial claims in federal and state courts.

John sharpened his trial skills as a federal prosecutor in the US Attorney’s Office in the Southern District of Texas, where he successfully prosecuted white-collar crime and public corruption. During his tenure as a prosecutor, he successfully prosecuted the District’s first ever Racketeer Influenced and Corrupt Organizations (RICO) Act charges in a public corruption case. After leaving the US Attorney’s Office for private practice, John was appointed by the Department of Justice (DOJ) as a special prosecutor in the high-profile prosecution of a transportation company charged with crimes related to a deadly bus fire during Hurricane Rita.

In the aftermath of the Macondo oil spill in the Gulf of Mexico, the owner and operator of the Deepwater Horizon looked to John for guidance with the DOJ’s high-profile two-year criminal investigation and the ensuing multidistrict civil and administrative litigation. With John’s assistance, the DOJ investigation ended with the company avoiding all felony charges. On the civil front, John was a trial lead for Transocean during the three-month federal multidistrict litigation trial, where the company was cleared of any gross negligence finding, thereby avoiding exposure to significant fines and penalties. He also assisted the company in successfully navigating numerous administrative investigations and proceedings before the Bureau of Ocean Energy Management (BOEM), Bureau of Safety and Environmental Enforcement (BSEE), Environmental Protection Agency (EPA), and Chemical Safety Board.

American Bar Association

Macondo Oil Spill · MDL Trial Lead

Successfully defended Transocean as trial lead during three-month federal MDL trial — company cleared of gross negligence, avoiding exposure to billions in fines and penalties.

International Corporation · $500 Million Fraud Trial

Won a unanimous jury verdict for an international corporation in a $500 million fraud case — defeating all claims that survived summary judgment to reach trial.

Finance Executive · Fraud & Employment Dispute

Tried a complex fraud and employment dispute to verdict on behalf of a finance executive sued by his former employer — winning multiple claims at trial, including counterclaims that survived post-trial challenge.

Breach of Asset Purchase Agreement · Four-Week Trial

Negotiated an eight-figure settlement for a local businessman prior to verdict after a four-week trial involving breach of an asset purchase agreement.

Multinational Corporation · Regulatory Defense

Successfully defended multinational corporation in administrative investigations and proceedings before the BOEM, BSEE, EPA, and Chemical Safety Board.

Energy Companies · Company Defense

Successfully defended multiple energy companies against commercial and personal injury lawsuits in Texas state courts.

Multinational Energy Company · Executive Employment Claims

Negotiated favorable settlements for multiple former executives of a multinational energy company, resolving claims of fraud and breach of employment agreement.

Energy Company · Complex Valuation Dispute

Obtained significant arbitration award against an energy company in a complex valuation dispute.

Multinational Law Firm · Commercial Dispute

Obtained arbitration verdict and attorney fees in favor of a multinational law firm in a commercial litigation matter.

White-Collar Criminal Defense & Government Investigations

Transocean · DOJ Criminal Investigation

Successfully defended Transocean through a two-year criminal investigation by the DOJ related to the Macondo oil spill — company avoided all felony charges.

FCPA · Multinational Energy Corporation

Successfully defended multinational energy corporation against alleged violations of the Foreign Corrupt Practices Act.

FCPA · CEO of Multinational Corporation

Successfully defended CEO against alleged FCPA violations.

PDVSA Bribery Investigation

Helped international businessman accused of FCPA violations successfully avoid criminal charges related to DOJ investigation into bribery at PDVSA.

Election Fraud Defense

Represented businessman accused of election fraud in two-month federal jury trial (14 felony counts ultimately reduced to a single misdemeanor).

Las Vegas Sports Bettor

Secured dismissal of all felony charges against a Las Vegas sports bettor through pre-trial negotiation — resolving the individual's exposure as a single misdemeanor while the government's felony charges were redirected to a non-operating corporate entity, and recovering millions of dollars in previously seized funds.

Enron Internal Investigations

Led numerous internal investigations of alleged corporate malfeasance at Enron.

Fortune 10 · Internal Investigations

Managed internal investigations on behalf of multiple Fortune 10 companies.

Healthcare Executive

Successfully defended an executive of a national healthcare provider in an SEC criminal investigation and related shareholder lawsuit.

Federal Tax Fraud Investigation

Successfully defended high-wealth taxpayer in a multimillion-dollar federal tax fraud investigation.

Environmental Crimes · Refinery Owner

Helped the owner of refinery successfully avoid criminal charges in a DOJ investigation of environmental crimes.