People

anthony lucisano baker botts houston
Anthony Lucisano
Senior Associate

Overview

Tony Lucisano is a trial and appellate litigator in the Houston office of Baker Botts.

His trial-court practice focuses principally on representing companies and their officers and directors in high-stakes securities class actions, derivative lawsuits, suits challenging mergers, and proxy litigation. Tony has briefed and argued motions to dismiss in those cases, helped achieve favorable outcomes at the class certification stage, and managed complex discovery.

Tony also maintains a diverse appellate practice encompassing all manner of disputes, including commercial litigation, energy litigation, regulatory issues, constitutional issues, antitrust issues, environmental issues, and statutory interpretation. He has argued appeals in the United States Court of Appeals for the Second and Fifth Circuits and in the Texas Courts of Appeals.

Prior to joining Baker Botts, Tony served as a law clerk for the Honorable Thomas M. Reavley of the United States Court of Appeals for the Fifth Circuit and for the Honorable John P. Devine of the Supreme Court of Texas.

Admissions & Affiliations

  • State Bar of Texas
  • United States Courts of Appeals for the Second and Fifth Circuits
  • United States District Court for the Southern District of Texas
  • Council Member - Houston Bar Association, Federal Practice Section
  • J.D., Baylor Law School 2016
    summa cum laude
    Valedictorian
    Managing Executive Editor, Baylor Law Review
    Received the highest grade in 15 courses
  • B.A., Political Science & Arabic, University of Notre Dame 2013

Experience

Securities Litigation

  • Successfully moved to dismiss all claims against energy company and its officer in putative securities class action under Section 10(b) of the Exchange Act (Coggins v. Camber Energy, Inc., et al.,693 F. Supp. 3d 736 (S.D. Tex. 2023))
  • Successfully moved to dismiss all claims against former officers of E&P company brought under Section 10(b) of the Exchange Act and state law (Unsecured Claim Pool Sub-Tr. of Liquidation Tr. of Lilis Energy, Inc. v. Ormand, No. 4:22-CV-02084, 2023 WL 3006699 (S.D. Tex. Apr. 17, 2023))
  • Successfully briefed and argued motion to dismiss supplemental claims against EPC company in putative securities class action brought under Sections 10(b) of the Exchange Act (Edwards v. McDermott Int’l, Inc., No. 4:18-CV-04330, 2022 WL 3927828, at *1 (S.D. Tex. Aug. 30, 2022), R&R Adopted, 2022 WL 4454391 (S.D. Tex. Sept. 23, 2022))
  • Successfully moved to dismiss all claims against professional employer organization and its officers in putative securities class action under Section 10(b) of the Exchange Act.(Building Trades Pension Fund of Western Pennsylvania v. Insperity, Inc., et al., No. 1:20-cv-05635, 2022 WL 784017 (S.D.N.Y. Mar. 15, 2022))
  • Successfully moved to dismiss all claims against E&P company and its officers in putative securities class action under Section 10(b) of the Exchange Act.(Woodley v. Gulfport Energy Corp., et al., No. 20 CIV. 2357 (ER), 2021 WL 428634 (S.D.N.Y. Feb. 8, 2021) (S.D.N.Y.))
  • Defending EPC company in putative securities class actions brought under Sections 10(b) and 14(a) of the Exchange Act. (Edwards v. McDermott International, Inc. et al, No. 4:18-cv-04330 (S.D. Tex.))
  • Defended E&P company and its officers and directors in putative securities class action under Section 10(b) of the Exchange Act; case settled after we substantially reduced the recoverable damages at the class certification stage. (In re Apache Corp. Securities Litigation, No. 4:21-cv-00575 (S.D. Tex.))
  • Defending E&P company and its officers in putative securities class action under Section 10(b) of the Exchange Act. (City of Warwick Retirement System v. Concho Resources, et al., No. 4:21-cv-03574 (S.D. Tex.))

Derivative & Other Shareholder Litigation

  • Successfully moved to dismiss derivative lawsuit challenging the adequacy of special committee’s investigation. (Silverman v. Christmann, et al., No. 4:23-cv-00636 (S.D. Tex.))
  • Defended officers and directors of E&P company in multiple derivative lawsuits in federal and state court, resulting in voluntary dismissal of all federal cases and dismissal with prejudice of state-court case. (Wessels v. Christmann, et al., No. 2021-15121 (Harris Cnty. Dist. Ct.))
  • Defended officers and directors of E&P company in federal derivative lawsuit, resulting in voluntary dismissal of case. (Carter v. Wood, et al., No. 1:20-cv-00839-MN (D. Del.))
  • Defended independent directors against breach of fiduciary claims resulting from going-private transaction, resulting in plaintiff’s voluntary dismissal of claims. (Kahn v. Bee Street Holdings LLC, et al., No. 2021-0103 (Del. Ch.))
  • Defended majority shareholders against breach of fiduciary class action arising from going-private transaction; case settled. (Ligos v. Tsuff, et al., No. 2020-0435 (Del. Ch.))

Federal Appeals

  • Briefed and argued appeal in the U.S. Court of Appeals for the Second Circuit successfully defending dismissal of a putative securities fraud action against an E&P company. (Rotunno v. Wood, et. al, 2022 WL 14997930 (2d Cir. Oct. 27, 2022))
  • Briefed and argued appeal in the U.S. Court of Appeals for the Fifth Circuit successfully defending dismissal of breach of contract and fraud claims arising out of a commercial real estate dispute. (North Presidio, L.L.C. v. Lowe's Home Centers, L.L.C., 808 F. App’x 275 (5th Cir. 2020))
  • Briefed appeal in the U.S. Court of Appeals for the Fifth Circuit successfully defending dismissal of Oil Pollution Act claims involving issue of first impression concerning the meaning of “oil.” (Munoz v. Intercontinental Terminals Company, L.L.C., 85 F.4th 343 (5th Cir. 2023)
  • Briefed appeal in the U.S. Court of Appeals for the Fifth Circuit successfully reversing contempt sanctions in part. (Vinmar International, Ltd. v. Ravago Americas, LLC, 832 F. App’x 249 (5th Cir. 2020))
  • Briefed appeal in U.S. Court of Appeals for the Seventh Circuit successfully defending dismissal of putative securities class action brought under Section 14(a) of the Securities Exchange Act of 1934. (Kuebler, v. Vectren Corp., et al., 13 F.4th 631 (7th Cir.2021))

State Appeals

  • Briefed and argued appeal in the Texas Third Court of Appeals successfully defending first-of-its-kind due-process challenge to a newspaper notice issued under Texas' municipal bond validation statute. (City of Magnolia v. Magnolia Bible Church, et al., 629 S.W.3d 471 (Tex. App.—Austin 2020, no pet.))
  • Briefed appeal in the Texas Supreme Court securing reversal and enforcing a stipulation clarifying the interest of a non-participating royalty owner. (ConocoPhillips v. Hahn, No. 23-0024 (Tex. Dec. 31, 2024))
  • Briefed appeal in the Texas Supreme Court securing reversal on novel defamation privilege issues under the Texas Citizens Participation Act. (Landry’s, LLC v. Animal Legal Defense Fund, 631 S.W.3d 40 (Tex. 2021))
  • Briefed appeal in the Texas Fourteenth Court of Appeals securing affirmance of modified judgment awarding $147 million for breach of contract award and persuaded Texas Supreme Court to deny review after full briefing on the merits. (Targa Channelview LLC v. Vitol Americas Corp., --- S.W.3d ---, 2022 WL 4137410 (Tex. App.—Houston [14th Dist.] Sept. 13, 2022, pet. denied,)
  • Briefed appeal in the Texas Thirteenth Court of Appeals securing affirmance as modified of judgment on jury verdict in oil-and-gas lessor’s suit for breach of lease and accommodation doctrine (Hamilton v. ConocoPhillips Co., No. 13-22-00096-CV, 2024 WL 484663 (Tex. App.—Corpus Christi/Edinburg Feb. 8, 2024, no pet.) (mem. op.))
  • Briefed appeal in the Texas Thirteenth Court of Appeals securing reversal of “death penalty” sanctions striking Defendants’ pleadings. (In re Sw. Pub. Serv. Co., No. 13-22-00389-CV, 2023 WL 6818165, at *1 (Tex. App.—Corpus Christi–Edinburg Oct. 16, 2023, no pet. h.))

Pro Bono

  • Serving as lead appellate counsel in case raising novel questions regarding entitlement to spousal maintenance. The Texas Supreme Court granted our petition, and the case is set for Argument in February 2025. (Mehta v. Mehta, No. 23-0507 (Tex.))
  • Served as lead appellate counsel in successfully defending property partition order. (Dejean v. Spates, No. 14-22-00908-CV, 2024 WL 1668018, at *1 (Tex. App.—Houston [14th Dist.] Apr. 18, 2024, no pet. h.) (mem. op.))
  • Represented a group of churches in litigation against a municipality over the constitutionality of its water-rate scheme.
  • Briefed motion for successive habeas on behalf of criminal defendant in the U.S. Court of Appeals for the Fifth Circuit.


Awards and Community

Recognized as a "Rising Star" in Appellate Litigation by Super Lawyers®, 2023-24

Recognized as Best Lawyers: Ones to Watch® in America (Woodward White, Inc.) for Commercial Litigation, 2024