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Kirby J. Portley, J. D.    

 

Kirby Portley is a corporate and transactional lawyer with a diverse practice. He regularly counsels clients on forming new enterprises, acquisitions and dispositions of assets, corporate governance and general contract matters.

 

PERSONAL

 

Mr. Portley is married to Lauren Hope Portley and the proud father of his first newborn son.

 

PROFESSIONAL AFFILIATIONS

Admitted, Texas

District of Columbia (pending)

Certified Mediator and Certified Family Law Mediator

Austin Bar Association

Austin Young Lawyers Association

Austin Bar Association Environmental Law Section

San Antonio Bar Association 

San Antonio Young Lawyers Association

Austin Bar Association Environmental Law Section

Texas Longhorn Foundation Member.

 

SPECIALTIES

Legislative Research, Legal Writing, International Law, Environmental Law, Government (on the local, state, and federal level), Civil Litigation, Federal Criminal Litigation (with experience using the Federal Sentencing Guidelines), Administrative Law

 

EDUCATION

St. Mary’s School of Law, J.D., cum laude, 2012

  • Staff Writer, The Scholar: St. Mary’s Law Review on Minority Issues, Vol. 14

  • Participant, Dave and Linda Schlueter First Year Moot Court Competition

  • Vice President, Black Law Student’s Association 

 

University of Texas at Austin, B.A. Philosophy, 2007

  • Football Student Athlete - 2005 National Champions, 2005 Big 12 Champions 

 

VOLUNTEER ACTIVITIES

Motivational Speaking to at-risk youth, Habitat-for-Humanity, Safe Haven of San Antonio, Active in several church volunteer events, former mentor in Big Brothers, Big Sisters

 

LANGUAGES

Conversational Spanish

Novice in Italian

Novice in Portuguese

 

EXPERIENCE

The Portley Law Firm & Mediation Center, Austin/ San Antonio, TX

Owner

June 2013 – Present

  • Specialized in construction contracts. Drafted construction contracts for residential and commercial projects;

  • Defended builder's against mechanic's liens and claims by subcontractors and general contractors; Helped general contractors and subcontractors enforce rights and recover payment for work performed;

  • Reviewed contracts and advising my clients on weaknesses and risk areas in specific projects and business endeavors as well as overall litigation avoidance;

  • Specialized in construction litigation. Negotiated settlements and resolving construction disputes;

  • Litigated breach of contract claims on behalf of clients;

  • Drafting commercial license agreements including distribution contracts;

  • Reviewing contracts and advising my clients on risk areas in business endeavors and analyzing ways to avoid litigation.

 

Texas Commission on Environmental Quality, Austin, TX

Staff Attorney

July 2014 – Present

  • Assigned to the litigation division to assist in overseeing environmental cleanups under state Superfund regulations;

  • Determine federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability for parties;

  • Negotiate with responsible parties such as: past and present site owners; generators of hazardous substances found at the site; or transporters of hazardous substance to the site, known as potentially responsible parties (PRPs);

  • Ensure responsible parties pay for cleanup and identify methods to save taxpayers from bearing the costs of this cleanup or assist in implementing cost recovery.

 

Tuggey Calvoz LLP, San Antonio/Austin/Washington, D.C.

Associate Attorney

September 2013 – July 2014

  • Assigned to the litigation support section to handle business litigation in federal, state, and county courts throughout Texas; 

  • Drafted petitions, answers, and dispositive motions in state court cases;

  • Drafted and reviewed contracts for clients;

  • Drafted memoranda for senior attorneys on real estate, construction law, and business law issues;

  • Attended mediation in employment law and construction law matters;

  • Attended trials and hearings on behalf of clients in County Courts at Law and District Courts throughout Texas;

  • Produced and responded to discovery in high stakes litigation.

 

Lloyd Gosselink Rochelle & Townsend, P.C., Austin, TX

Law Clerk

September 2012 – May 2013

  • Provided legal research and drafted pleadings for a major Texas environmental and utility law firm that specializes in governmental relations, carbon management and climate change, business transactions, commercial litigation, and employment law.

 

U.S. Department of Justice, Washington D.C. Metro Area

Legal Intern

July 2012 – August 2012

  • Worked with the Dept. of Defense and the Dept. of Justice under the Office of the Special Inspector General for Iraq Reconstruction;

  • Investigated government contract fraud in connection with the Iraq war;

  • Implemented U.S. foreign policy and deal with international and jurisdictional issues that arise in prosecuting foreign nationals;

  • Assisted in trial prep; reviewed plea bargains; and summarized pending cases for upper level special federal prosecutors.

 

Thompson, Coe, Cousins & Irons, LLP, Dallas/Fort Worth Area

Summer Associate

May 2012 – July 2012

  • Researched insurance law issues;

  • Attended hearings, mediation, and depositions;

  • Assisted in litigation preparation and drafted pleadings.

 

Lower Colorado River Authority (LCRA), Austin, TX

Law Clerk

January 2012 – May 2012

  • Researched issues pertaining to utilities law and CCN water permitting;

  • Drafted guidelines for the Texas Public Utilities Regulatory Act and the Texas Public Information Act;

  • Drafted memoranda concerning water law, energy law, and other environmental issues.

 

United States Attorney's Office for the Eastern District of Texas, Tyler, TX

Law Clerk

July 2011 – August 2011

  • Provided assistance with legal research, document drafting, and preparation of legal memoranda; Reviewed hearing transcripts, assisted with witness interviews, and assisted with case strategy and decision making;

  • Attended federal criminal and civil trials.

 

Federal Communications Commission, Washington D.C. Metro Area

Legal Intern

May 2011 – July 2011

  • Assisted the office of legislative affairs with all matters pertaining to the U.S. House and U.S. Senate;

  • Researched relevant statutes and rules pertaining to FCC licensing;

  • Drafted legal memos concerning communications law;

  • Attended Congressional hearings.

 

Texas House of Representatives, Austin, TX

Committee Clerk

2009 – January 2011

 

Texas House of Representatives, Austin, TX

Legislative Intern

August 2008 – December 2009

 

Texas Thirteenth Court of Appeals, Austin, TX

Summer Judicial Intern

June 2008 – August 2008

 

Clark, Thomas & Winters, Austin, TX

Legal Assistant

2006 – 2008