Practice Concentration & Experience
John D. Saba, Jr.
Mr. Saba specializes in commercial and complex litigation in both State and Federal Court. Mr. Saba has extensive courtroom experience with the completion of seven jury trials in his career. Most recently, John represented a multi-million dollar software company in a five-week jury trial involving breach of a software license/service agreement, fraud, and misappropriation of trade secrets. Additionally, John has litigated and handled complex cases involving a variety of subject matters (as noted in the list of "Representative Matters" below).
After graduating from law school, John was accepted to the Texas Attorney General's Honors Program where he served as an Assistant Attorney General in both the Cyber Crimes Unit, a criminal division specialized in battling Internet crimes and the Internet Enforcement Unit, a civil division specialized in enforcing Internet offences including spam, spyware and deceptive trade practices.
Prior to entering law school, John worked as a network consultant for a large Fortune 500 data networking /telecommunications company. During this time, John managed the implementation of large-scale data networks and mastered the "fundamentals" of network and Internet technology. He received the company's highest consulting award for his accomplishments.
Education
Trinity University (B.S. Bus. Admin.1996);
St. Mary's University School of Law (J.D. 2002)
St. Mary's Law Journal, Board Member (Comment Editor, 2002)
Licenses & Admissions
U.S. District Courts for the Eastern, Northern, Southern, and Western Districts of Texas
Licensed to practice in Texas
Professional Affiliations
American Bar Association
State Bar of Texas
Austin Bar Association
Austin Young Lawyer's Association
San Antonio Bar Association
Awards, Publications, and CLE Presentations
Mr. Saba was named a "Texas Rising Star" in the area of Intellectual Property Litigation by Texas Super Lawyers andTexas Monthly Magazine in 2009.
Texas Legislature Goes Phishing: The New Anti-Phishing, 68 Texas B.J. 706 (2005);
eProclamation: No More Spam in Texas, 66 Texas B.J. 660 (2003);
Internet Property Rights: eTrespass, 33 St. Mary's L.J. 367 (2002).
Representative Matters
Litigation
- Lead associate in multimillion dollar software license (breach of contract) and misappropriation of trade secrets dispute resulting in a five-week jury trial to verdict in state district court; conducted direct and cross examination of witnesses at trial; drafted pleadings, motions, and trial briefs; argued pleadings and pre- and post-trial motions; conducted depositions; handled large electronic discovery review and production; conducted legal research involving claims, discovery, and evidentiary issues; regularly communicated with client and opposing counsel.
- Lead associate in business and intellectual property dispute involving breach of contract, usury, breach of fiduciary duty, and conversion claims, resulting in a one-week trial to verdict in state district court; managed case from initial pleadings to post-trial motions; conducted opening and closing arguments; examined witnesses; drafted pleadings, motions, and trial briefs; argued pleadings and pre- and post-trial motions, including motions for summary judgment; conducted depositions; handled discovery review and production; conducted legal research on claims, discovery, and evidentiary issues; participated in mediation.
- Lead associate in real property dispute involving a Home Owner Association's claims against client for breach of covenants; drafted pleadings and motions; handled review and production of discovery.
- Associate in charge of defending products liability claims against car manufacturers in state and federal district court; drafted discovery; conducted depositions; attended and assisted in expert inspections and vehicle testing; drafted case evaluations and recommendations.
- Lead associate in breach of contract suit in California against large public software corporation; handled case resolution; negotiated and drafted settlement terms.
- Lead associate in business entity lawsuit involving breach of contract, breach of fiduciary duty, and conversion claims against director/shareholder; drafted pleadings and motions.
- Lead counsel in representation of large Internet service provider involved in a government investigation; handled response to administrative subpoena for documents; negotiated settlement discussions with government agency.
- Lead associate in handling of copyright infringement suit against software manufacturer in federal district court; drafted pleadings, motions, and trial briefs; conducted depositions including expert depositions; handled discovery review and production; conducted legal research on claims, discovery, and evidentiary issues.
- Lead associate in handling of patent infringement and antitrust suit in federal district court; drafted pleadings; conducted research on patent validity and infringement challenges, and antitrust claims; drafted legal memoranda analyzing claims; drafted case evaluation.
Enforcement and Prosecution
- Lead attorney in prosecution of "Internet traveler" criminal offenses, including the completion of four jury trials to verdict in state district court.
- Lead attorney in filing of enforcement action and final consent agreement against a large Internet service provider for violations of the Texas Deceptive Trade Practices act.
- Assisted in enforcement against a large music company for violations of the Texas Anti-Spyware Act.
- Assisted as liaison regarding federal and state electronic privacy statutes.
