Education and Honors

  • J.D. (high honors), The University of Texas School of Law, 2002
    Chancellors
    Order of the Coif
    Managing Editor, Texas Review of Law & Politics
  • B.A. (summa cum laude), political science and history, Hillsdale College, 1999
    President, Student Federation
    Outstanding Senior Man
  • Recognized as Top 5 Appellate Lawyer Under 40 (“Rising Star”) by Law360, 2011

    Recognized by National Law Journal’s “Appellate Hot List,” 2008, 2011

    Recognized as “Fifth Circuit Litigation Star” by Benchmark Appellate, 2013

    Recognized as “Texas Super Lawyer,” Appellate Law, 2013

    Recognized as a “Texas Rising Star,” 2006-2013

    Recognized by H Texas Magazine “Lawyer on the Fast Track,” 2008

    Hillsdale College Graduate of the Last Decade Award, 2006

Admissions and Affiliations

State Bar of Texas

United States Courts of Appeals for the Second, Fourth, Fifth, Seventh, Ninth, Tenth and D.C. Circuits

United States District Courts for the Northern, Southern and Eastern Districts of Texas

United States Supreme Court

Board of Governors, Bar Association of the Fifth Federal Circuit

Board of Directors, Federalist Society, Houston Lawyers Chapter

Steering Committee, Texas Review of Law and Politics

Houston Bar Association, Appellate Section

Aaron Streett

Partner

One Shell Plaza
910 Louisiana Street
Houston, Texas 77002-4995
United States
Phone:
+1.713.229.1855
Fax:
+1.713.229.7855

Concentration

Appellate litigation

Summary

Aaron Streett is the Chairman of Baker Botts’ Supreme Court and Constitutional Law Practice. He practices primarily in federal and state appellate courts. He has presented oral argument in the U.S. Supreme Court, the Texas Supreme Court and various state and federal appellate courts across the country—including 12 arguments in the Fifth Circuit alone. He maintains an active practice in the Supreme Court of the United States, representing parties in merits cases four times since 2010, as well as filing numerous amicus briefs and certiorari-stage briefs. Mr. Streett’s practice involves cutting-edge and high-stakes appeals in all substantive areas of the law, including commercial litigation, statutory interpretation, constitutional law, administrative law and white-collar criminal defense.

Following graduation from law school, Mr. Streett served as a law clerk to the Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and to Chief Justice William H. Rehnquist of the United States Supreme Court.

Mr. Streett has been recognized as one of the top five appellate lawyers in the United States under age 40 by Law360. That publication stated that Mr. Streett’s “proclivity for courtroom presentation and a broad knowledge of constitutional law have helped [him] score victories in complex and high-stakes cases for clients in the energy, financial services, telecommunications and other industries.” Mr. Streett has twice been honored on National Law Journal’s Appellate Hot List, and he was named a Fifth Circuit Litigation Star by Benchmark Appellate in 2013.

Representative Engagements

United States Supreme Court

  • Presented oral argument in pending case concerning the validity of the fraud-on-the-market theory for federal securities class actions (Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 (argued Mar. 5, 2014))
  • Served as co-counsel with Court-appointed amicus in support of judgment below, securing rare affirmance where United States declined to defend criminal sentence (Setser v. United States, 132 S. Ct. 1463 (2012))
  • Represented respondent in litigation addressing requirements for achieving class certification in securities actions (Erica P. John Fund, Inc. v. Halliburton Co., 131 S. Ct. 2179 (2011))
  • Represented mutual-fund adviser in litigation establishing favorable standard for challenges to adviser compensation under the Investment Company Act (Jones v. Harris Associates, L.P., 559 U.S. 335 (2010))
  • Filed amicus brief for American Legion that was named a “Brief of the Week” by National Law Journal (United States v. Alvarez, 132 S. Ct. 2537 (2012))
  • Co-authored amicus brief for Veterans of Foreign Wars that was cited 12 times in the plurality and concurring opinions of the Court (Salazar v. Buono, 559 U.S. 700 (2010))
  • Successfully opposed U.S. Solicitor General’s petition for certiorari in case involving method for calculation of estate tax on stock in closely-held companies (Comm’r of Internal Revenue v. Estate of Jelke, 555 U.S. 826 (2008))

Federal Appeals

  • Defeated EEOC appeal challenging company’s retirement age for corporate pilots that mirrored FAA rule for airline pilots, resulting in first appellate decision on the issue in over 20 years (EEOC v. ExxonMobil Corp., No. 13-10164 (5th Cir. Mar. 25, 2014))
  • Defeated United States’ appeal of decision preliminarily enjoining under the Due Process Clause a federal statute imposing state-of-delivery taxes on Internet and mail-order sellers of tobacco products (Gordon v. Holder, 721 F.3d 638 (D.C. Cir. 2013))
  • Obtained Tenth Circuit affirmance of dismissal of multibillion-dollar dispute among energy companies over rights to Ecuadorean mineral concessions (Grynberg v. Ivanhoe Energy, Inc., 490 F. App’x 86 (10th Cir. 2012), cert. denied, 133 S. Ct. 941 (2013))
  • Represented asylum applicants in multiple Fifth Circuit appeals challenging BIA’s test for “social group” persecution claims, one of which resulted in reversal of BIA deportation orders (Orellana-Monson v. Holder, 685 F.3d 511 (5th Cir. 2012))
  • Persuaded D.C. Circuit to reinstate constitutional challenge to federal tobacco statute, resulting in statute being preliminarily enjoined on remand (Gordon v. Holder, 632 F.3d 722 (D.C. Cir. 2011), on remand, 826 F. Supp. 2d 279 (D.D.C. 2012)
  • Successfully represented Fortune 500 company in $28 million dispute with hedge fund over payments required under convertible indentures (Fluor Corp. v. Citadel Equity Fund, Ltd., 413 F. App’x 756 (5th Cir. 2011))
  • Successfully represented telecom, grocery, and data-management companies in persuading Fifth Circuit to reject multibillion-dollar claims in case of first impression under the Drivers Privacy Protection Act (Taylor v. Acxiom Corp., 612 F.3d 325 (5th Cir. 2010), cert. denied, 131 S. Ct. 908 (2011))
  • Persuaded Fifth Circuit to reverse bench-trial judgment in fiduciary-duty dispute over oil and gas leases (Fisher v. Miocene Oil & Gas Ltd., 335 F. App’x 483 (5th Cir. 2009))
  • Successfully represented domestic energy company in ERISA stock-drop class action presenting issues of first impression in the Fifth Circuit regarding the presumption of prudence for ERISA fiduciaries (Kirschbaum v. Reliant Energy, Inc., 526 F.3d 243 (5th Cir. 2008))
  • Assisted in persuading Second Circuit to reverse injunction against Remote Storage DVR under various provisions of Copyright Act (Cartoon Network LP v. CSC Holdings, Inc., 536 F.3d 121 (2d Cir. 2008), cert. denied, 557 U.S. 946 (2009))
  • Represented foreign energy company in obtaining dismissal of a multibillion-dollar lawsuit for lack of personal jurisdiction (Moncrief Oil Int’l Inc. v. OAO Gazprom, 481 F.3d 309 (5th Cir. 2007))
  • Persuaded Ninth Circuit to reject United States’ interlocutory appeal of key evidentiary ruling in criminal prosecution against domestic energy company, resulting in ultimate dismissal of all charges on favorable terms (United States v. Reliant Energy Servs., Inc., 188 F. App’x 629 (9th Cir. 2006))

State Appeals

  • Obtained partial dismissal of claims against foreign energy companies for lack of personal jurisdiction (Moncrief Oil Int’l Inc. v. OAO Gazprom, 414 S.W.3d 142 (Tex. 2013))
  • Represented incumbent utility in stranded-costs litigation arising out of deregulation of Texas electric industry, resulting in recovery of additional $1 billion over amount awarded by court of appeals (State v. Pub. Util. Comm’n of Tex., 344 S.W.3d 349 (Tex. 2011))
  • Secured affirmance of summary judgment in antitrust litigation between pharmaceutical manufacturers alleging pre-merger conspiracy in violation of California’s Cartwright Act (Asahi Kasei Pharma Corp. v. Cotherix, Inc., 204 Cal.App.4th 1 (Cal. Ct. App. 2012))
  • Assisted in obtaining reversal of $1.7 billion jury verdict in securities-fraud case (Morgan Stanley & Co. v. Coleman (Parent) Holdings Inc., 955 So. 2d 1124 (Fla. App. 2007))

Other

  • Obtained permanent injunction and consent decree on federal constitutional claims against Dallas ordinance, resulting in rare defeat for a local “flow control” law (Nat’l Solid Wastes Mgmt. Ass’n v. City of Dallas, 903 F. Supp. 2d 446 (N.D. Tex. 2012))
  • Obtained preliminary injunction under the Due Process Clause against federal statute imposing delivery-state taxes on Internet and mail-order sales of certain tobacco products (Gordon v. Holder, 826 F. Supp. 2d 279 (D.D.C. 2012))

Publications, Speeches and Presentations

  • “Back to Basic: Will the Supreme Court Eliminate or Modify the Fraud-on-the-Market Theory in Securities Class Actions?” Panelist, Association of Corporate Counsel, March 2014
  • “Indirect and Direct Impacts of TAP v. Shaw on Endangered Species Act Enforcement and Texas Water Law,” University of Texas School of Law Water Law Institute, Austin, December 2013 (panelist and co-author with Carlos Romo)
  • Town of Greece v. Galloway,” Harvard Law School, Cambridge, October 2013 (debate with Prof. Noah Feldman); New England School of Law, Boston, October 2013 (debate with Prof. Allison Dussias)
  • “Fifth Circuit Oral Argument Critique,” Appellate Advocacy Seminar, Bar Association of the Fifth Federal Circuit, New Orleans, October 2013
  • “U.S. Supreme Court’s 2012 Term in Review,” Moderator, Houston Federalist Society, August 2013
  • “Federal Intrusion Into States Rights Using The ESA,” Panelist, Texas Water Conservation Association Mid-Year Conference, Galveston, June 2013
  • “Federal Pleading After Twombly and Iqbal,” Moderator, Fifth Circuit Judicial Conference, Fort Worth, May 2013
  • “Summary Judgment Appellate Issues in Texas,” Civil Appellate Practice Course 101, State Bar of Texas, Austin, September 2012
  • “U.S. Supreme Court’s 2011 Term in Review,” Panelist, University of Texas School of Law, Austin, September 2012; Panelist, St. Mary’s Law School, San Antonio, August 2012; Moderator, Houston Federalist Society, July 2012
  • “The Legacy of Chief Justice Rehnquist,” University of Chicago Law School, April 2012; Texas Tech University Law School, Lubbock, November 2007
  • “Religious Speech in Public Schools,” Panelist, University of Houston Law School, March 2012; Golden Gate University Law School, San Francisco, October 2011
  • “U.S. Supreme Court’s 2010 Term in Review,” Panelist, University of Texas School of Law, Austin, October 2011; University of Kentucky School of Law, Lexington, September 2011; Moderator, Houston Federalist Society, July 2011
  • “U.S. Supreme Court Update,” The General Counsel Forum, Houston, April 2011
  • “The State of Capital Punishment,” Panelist, Houston 8, Houston PBS (aired January 21, 2011)
  • “The Twenty-First Century Texas Supreme Court: Pro-Law, Pro-Prosperity,” Federalist Society for Law & Public Policy, 2010, (with Evan Young)
  • “U.S. Supreme Court’s 2009 Term in Review,” Panelist, University of Texas School of Law, Austin, October 2010; Moderator, Houston Federalist Society, July 2010
  • “Religious Liberties and the Roberts Court,” Louisiana State University School of Law, Baton Rouge, October 2010
  • “Practice in the Fifth Circuit—An Attorney’s Perspective,” Panelist, Bar Association of the Fifth Federal Circuit, Lubbock, September 2010
  • “The Supreme Court’s Decisions: How They Affect Us,” Panelist, Houston 8, Houston PBS (aired July 8, 2010)
  • “What Really Goes at the United States Supreme Court,” University of Texas Conference on State and Federal Appeals, Austin, June 2010, (with Evan Young)
  • “An Educated Observer’s Guide to the Sotomayor Confirmation Hearings,” University of Houston Law School, October 2009; Houston Bar Association Appellate Section, Houston, July 2009, (with Jeff Oldham)
  • “U.S. Supreme Court’s 2008 Term in Review,” Panelist, University of Texas School of Law, Austin, September 2009; Moderator, Houston Federalist Society, July 2009  
  • “The U.S. Supreme Court: A Look Inside From Former Clerks,” Panelist, Texas Bar Bill of Rights CLE Course, Houston, May 2009
  • “The Supreme Court’s Decision in Boumediene v. Bush,” Panelist, Ave Maria School of Law, Ann Arbor, April 2009
  • “The Debate Over Federal Preemption,” Panelist, University of Texas School of Law, Austin, February 2009
  • “The Supreme Court of Texas: A Balanced Court,” Federalist Society for Law & Public Policy, 2008
  • “The Upcoming Term of the Texas Supreme Court,” Panelist, Dallas Federalist Society, October 2008
  • “New Media and the Courts,” Panel Moderator, University of Arizona’s Rehnquist Center for Constitutional Structures, Tucson, September, 2008
  • “U.S. Supreme Court’s 2007 Term in Review,” Fund for American Studies’ Legal Studies Institute, Washington, D.C., June 2008; Thomas Cooley Law School, Lansing, April 2008
  • “The 2006 Term and the Future of the Roberts Court,” St. Mary’s Law School, San Antonio, September 2007; Fund for American Studies’ Legal Studies Institute, Washington DC, July 2007  
  • “U.S. Supreme Court’s 2006 Term in Review,” University of Texas Law School, Austin, August 2007; Panelist, Houston Federalist Society, June 2007 
  • “What to Expect From the Roberts Court,” Baylor Law School, Waco, April 2007; University of Georgia Law School, Athens, April 2007
  • “Separation-of-Powers Tug of War in the Supreme Court’s Terrorism Cases,” Georgia State University Law School, Atlanta, April 2007
  • “Can Privilege Rulings Be Immediately Appealed?” National Law Journal, February 27, 2006