Aaron Streett

Practice Group Chair - Appellate (Firmwide) Partner



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Aaron Streett Photo

Aaron Streett chairs Baker Botts' Supreme Court and Constitutional Law Practice. He has presented oral argument in numerous appeals, covering the U.S. Supreme Court, the Texas Supreme Court, and various courts across the country. He has particularly extensive experience in the Fifth Circuit and D.C. Circuit, with dozens of arguments in those two circuits alone. Mr. Streett maintains an active practice in the Supreme Court of the United States, representing parties in merits cases six times since 2010, as well as filing numerous amicus and certiorari-stage briefs. Mr. Streett's appellate practice includes commercial litigation, federal statutory issues, constitutional law, administrative law, jurisdictional issues, securities, antitrust, and energy litigation.

Mr. Streett is one of only two Texas-based appellate lawyers to be ranked both statewide and nationally in Appellate Law by Chambers USA (2020). He was named one of only six "Appellate MVPs" for 2014 by Law360, which had previously recognized him in 2011 as one of the top five appellate "Rising Stars" under age 40. 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 been featured on National Law Journal's Appellate Hot List three times in recent years and has been described by Chambers USA (2020) as "easy to work with, accessible, authoritative, and highly knowledgeable," "one of the real stars of his generation," and “a great oral advocate,” who writes “fantastic and incredible appellate briefs.”

Mr. Streett serves on the Board of Governors of the Fifth Circuit Bar Association and as an elected member of the American Law Institute. He speaks regularly to students and lawyers throughout the country on the Supreme Court, constitutional law, and various other topics.

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 the Honorable William H. Rehnquist, Chief Justice of the United States.

Related Experience

United States Supreme Court

  • Argued case concerning the fraud-on-the-market theory for federal securities class actions, obtaining vacatur of class certification and favorable holding that defendants may present price-impact evidence to defeat class certification (Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014))
  • Argued case concerning whether bankruptcy professionals may be compensated for time incurred defeating objections to their fee applications (Baker Botts L.L.P. v. ASARCO LLC, 135 S. Ct. 2158 (2015))
  • Represented petitioner energy company in merits case involving Natural Gas Act preemption of state-law antitrust claims (ONEOK, Inc. v. Learjet, Inc., 135 S. Ct. 1591 (2015))
  • 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 respondent mutual-fund adviser in case establishing favorable standard for challenges to adviser compensation under the Investment Company Act (Jones v. Harris AssociatesL.P., 559 U.S. 335 (2010))
  • 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

  • Argued and obtained affirmance of defense judgment in rare gas-royalty class action that proceeded to verdict and defeated related appeals brought by intervenors challenging opt-out procedures and adequacy of class counsel (Smith v. SEECO, Inc., 922 F.3d 398 & 922 F.3d 406 (8th Cir. 2019))
  • Argued for Louisiana power plants in successfully defending the state's regional-haze plans against challenge under the Clean Air Act (Sierra Club v. EPA, 939 F.3d 649 (5th Cir. 2019))
  • Argued for Texas billionaire entrepreneur and philanthropist John Paul DeJoria, defeating recognition of $123 million Moroccan judgment in first U.S. ruling refusing to recognize a foreign judgment under the “specific proceeding” due-process prong of Uniform Foreign-Country Money Judgments Recognition Act (DeJoria v. Maghreb Petrol. Expl., S.A., 935 F.3d 381 (5th Cir. 2019))
  • Represented intervenor governmental entity in defeating Equal Protection challenge to voting districts for Edwards Aquifer Authority, resulting in first Fifth Circuit ruling addressing the special-purpose-district exception to the one-person one-vote mandate (League of United Latin American Citizens v. Edwards Aquifer Auth., 937 F.3d 457 (5th Cir. 2019))
  • Argued and secured affirmance on appeal of dismissal of False Claims Act complaint alleging over $100 million in damages (Jamison v. Del-Jen, Inc., No. 17-10409 (5th Cir. Aug. 24, 2018))
  • Argued appeal involving billion-dollar damages claim and issues of first impression in the Fifth Circuit, securing holding that a delegation clause in an arbitration agreement requires the arbitrator to decide whether employees of signatories may compel arbitration (Brittania-U Nigeria, Ltd. v. Chevron USA, Inc., 866 F.3d 709 (5th Cir. 2017))
  • On behalf of Texas power plants, won stay of Texas Regional Haze rule and defeated EPA's motion to transfer to D.C. Circuit, in case of first impression under Clean Air Act's venue provisions (State of Texas v. EPA, 829 F.3d 405 (5th Cir. 2016))
  • Won rare victory on petition for panel rehearing, resulting in dismissal of $50 million claim for alleged consulting fees on sale of BP's Pakistan assets and issuance of precedent-setting opinion on test for removal of claims involving alleged fraudulent joinder (Int'l Energy Ventures Mgmt., L.L.C. v. United Energy Group, Ltd., 818 F.3d 193 (5th Cir. 2016))
  • Represented energy companies in defeating appeal by foreign sovereign-owned company alleging $300 million conversion claims (Pemex Exploracion y Produccion v. ConocoPhillips Co., 595 F. App’x 445 (5th Cir. 2015))
  • Argued for intervenor pipeline successfully defending FERC's issuance of Natural Gas Act certificate against environmental and statutory challenges (MREPS v. FERC, 762 F.3d 97 (D.C. Cir. 2014))
  • Argued landmark “whooping cranes” appeal, obtaining reversal of judgment that had enjoined water permitting on Texas river basins, resulting in an opinion setting standard for proximate cause under Endangered Species Act (Aransas Project v. Shaw, 775 F.3d 641 (5th Cir. 2014))
  • Obtained affirmance of largest fee enhancement awarded to bankruptcy professionals in the history of the Bankruptcy Code (In re ASARCO, LLC, 751 F.3d 291 (5th Cir. 2014))
  • 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., 560 F. App’x 282 (5th Cir. 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))
  • Represented executive in case establishing standard for aiding and abetting under PSLRA (SEC v. Apuzzo, 689 F.3d 204 (2d Cir. 2013))
  • Lead counsel in obtaining favorable settlement on appeal in high-profile securities case (SEC v. Conrad Black, No. 12-3770 (7th Cir.))
  • Obtained 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))
  • 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))
  • 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))
  • Represented defendants in appeal of bank-fraud convictions (United States v. Agnew, 147 F. App’x 347 (4th Cir. 2005))

State Appeals

  • Won mandamus in precedent-setting e-discovery case applying stringent standard to trial court orders that dictate terms of electronic keyword searches (In re MasterFlo Valve Inc., 485 S.W.3d 207 (Tex. App. Houston [14th Dist.] 2016))
  • 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))


  • 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))
  • Defeated Establishment Clause claim against Texas county arising out of volunteer chaplain program administered by local justice of the peace (Freedom from Religion Foundation, Inc. v. Mack, 2018 WL 6981153 (S.D. Tex. Sept. 27, 2018))

Awards & Community

Ranked by Chambers in Appellate Law, 2016 (Texas), 2017 (Texas), 2018 (Texas & USA), 2019 (Texas & USA) & 2020 (Texas & USA)

Recognized as "Appellate MVP" by Law360, 2014

Recognized by National Law Journal's "Appellate Hot List" (ALM Media) 2008, 2011, 2014, 2020

Recognized as "Rising Star" by Law360, 2011

Recognized in Best Lawyers in America (Woodward White, Inc.), Appellate Practice, 2015-2019

Recognized as "Fifth Circuit Litigation Star" by Benchmark Appellate, 2013, and "Local Litigation Star" by Benchmark Litigation, 2016-2017

Recognized as a "Lawyer on the Rise," by Texas Lawyer, 2016

Recognized as a Texas Super Lawyer, Appellate Law, (Thomson Reuters) 2013-2019

Recognized as a Texas Super Lawyer-Rising Star, (Thomson Reuters) 2006-2013


Thought Leadership



The U.S. Supreme Court's Impact on Intellectual Property 2019

On Wednesday, July 10, 2019 at 11 am CST Baker Botts partners Aaron Streett, Michael Hawes and Jennifer Nall will take a hard look at Supreme Court IP decisions. They will also examine other IP cases to watch in 2019, and the current composition of the Court.