Dylan O. Drummond
Counsel

Modern appellate lawyers must be fluent in not just the science but the art of appellate practice. My clients benefit from my extensive command of both.

Dylan Drummond is a former Texas Supreme Court clerk and an accomplished civil appellate lawyer with a long list of successful results in complex appeals before state and federal courts in Texas, the Fifth Circuit and several other jurisdictions throughout the country. Clients across nearly every industry rely on Dylan to handle the entire range of appellate matters that arise in all types of civil and commercial litigation, including traditional, accelerated, agreed, and permissive appeals; original proceedings and extraordinary writs. He maintains a particular focus on petition, merits, and amicus briefing before the Texas Supreme Court.

As part of his appellate practice, Dylan also provides strategic counsel at trial aimed at preserving error through pre- and post-trial motion practice, expert designation disputes, class certification and dispositive motion practice. From his longtime service on the Texas Bar Pattern Jury Charge Committee, Dylan also advises clients in preparing and arguing jury charges.

Representative Experience
  • Successfully represented a Houston-based, Fortune 500 company in the defense of a $3 million breach-of-contract-claim brought by its former labor supplier during a six-day jury trial in a Harris County District Court.
  • Successfully defended foreign government before the D.C. Circuit Court of Appeals regarding a jurisdictional question arising under Daimler AG v. Bauman, 134 S. Ct. 746 (2014)
  • Successfully defended general contractor before the Fifth Circuit Court of Appeals regarding an indemnity dispute
  • Successfully represented staffing company in arbitrability dispute before the Fifth Circuit Court of Appeals
  • Represented national manufacturing trade organization as amicus counsel before the Western District of Texas in rulemaking dispute against the Department of the Treasury
  • Successfully defended Texas county before the Northern District of Texas regarding a Section 1983 dispute
  • Successfully represented petitioner before the Texas Supreme Court in landmark case establishing requirement to segregate attorney fees
  • Successfully represented petitioner before the Texas Supreme Court in Texas Public Information Act bidding dispute
  • Successfully represented relator in mandamus proceeding before the Texas Supreme Court
  • Represented national pharmaceutical trade organization as amicus counsel before the Texas Supreme Court in a dispute concerning the “learned intermediary doctrine”
  • Represented statewide municipal trade organization as amicus counsel before the Texas Supreme Court regarding groundwater dispute
  • Cited by the Texas Supreme Court in landmark groundwater ownership decision, Edwards Aquifer Auth. v. Day, 369 S.W.3d 814, 825 n.47 (Tex. 2012)
  • Successfully represented relator before the Dallas Court of Appeals in three successive original proceedings, reversing criminal contempt order and nearly a quarter-million in attorney-fee sanctions
  • Successfully represented foreign company in a dispute regarding attorney authority under Tex. R. Civ. P. 12 before the Dallas Court of Appeals
  • Successfully defended Texas County in a jurisdictional dispute before the Dallas Court of Appeals
  • Successfully defended foreign company in special-appearance dispute before Houston’s First Court of Appeals
  • Successfully represented appellant in tax dispute before the Fort Worth Court of Appeals
  • Successfully defended baseball trading card company in a  $7 million contract dispute before the Fort Worth Court of Appeals
  • Successfully represented appellant in DTPA dispute before the Austin Court of Appeals
  • Successfully defended real party in interest in $4 million oil and gas mandamus proceeding before the Amarillo Court of Appeals
  • Successfully represented $1.7 billion private company before the Tyler Court of Appeals in a breach-of-contract dispute
  • Successfully represented a Houston-based, Fortune 500 company in the defense of a $3 million breach-of-contract-claim brought by its former labor supplier during a six-day jury trial in a Harris County District Court.
  • Cited by the Corpus Christi Court of Appeals regarding precedential order of citation in Tex. S. Rentals, Inc. v. Gomez, 267 S.W.3d 228, 239 n.8 (Tex. App.—Corpus Christi 2008, no pet.) and Gonzalez v. State, No. 13-07-00270-CR, 2009 WL 9051380 at *5 n.2 (Tex. App.—Corpus Christi July 30, 2009, no pet.)   
Thought Leadership / News
November 12, 2018 
 In the News
Texas Lawbook (subscription required)
November 10, 2018 
 In the News
Law360 (subscription required)
September 5, 2018 
 Speeches and Presentations
State Bar of Texas Civil Appellate Practice 101
Spring 2018 
 Thought Leadership
Journal of the Texas Supreme Court Historical Society
March 8, 2018 
 Speeches and Presentations
From the Alamo to San Jacinto to Austin: The Attorneys Who Fought in the Texas Revolution and Founded the Republic, 1835 to 1845
Texas Supreme Court Historical Society
Honors
  • AV rated by Martindale-Hubbell in Appellate Practice, Litigation  (2012 – present)
  • Texas Rising Star in appellate practice; Super Lawyers (2009 – 2015) by Thomson Reuters (top 2.5% of Texas attorneys under 40)
  • Sustaining Life Fellow, Texas Bar Foundation (2012 – present) (top 1/3 of 1% of Texas attorneys invited to join annually)
  • Rising Star Alumni Award, Texas Tech University School of Law (2015)
  • Inaugural Co-Recipient, President’s Exemplary Service Award – Texas Supreme Court Historical Society (2015)
  • Featured in Texas Supreme Court’s 2004 – 2005 clerkship brochure
  • Recognized in the Greenbook: Texas Rules of Form vii (Texas Law Review Ass’n ed., 13th ed. 2015)
  • Editor in Chief, Clerkship Notification Blog, 2008 – 2011 clerkship seasons (original clerkship information clearinghouse annually generating half a million page views; named to the ABA Journal’s 2008 Blawg 100)
Organizational Involvement

Professional Activities, Memberships & Affiliations

  • State Bar of Texas
    • Treasurer, Appellate Section (2018 – 2019)
    • Council Member; Appellate Section (2012 – 2015)
    • Subcommittee Chair; Standing Committee on Pattern Jury Charges – Business, Consumer, Insurance & Employment volume (2011 – present)
      • Led preparation of the Preservation of Error and Broad-Form Issues and the Casteel Doctrine comments in all volumes (32.1–.2, 86.1–.2, 116.1–.2, 314.1–.2), Misappropriation of Trade Secrets chapter (111.1–.2, 115.49–.50), Third-Party Beneficiary (101.36), Unjust Enrichment (101.43), and Money Had & Received (101.44) comments
    • Co-Editor, Appellate Advocate (2009 – 2012)
  • Texas Bar College
    • Vice-Chair (2018 – 2019)
    • Director (2013 – present)
  • Texas Supreme Court Historical Society
    • President-Elect (2018 – 2019)
    • Chair, Twenty-Third Annual John Hemphill Dinner
    • Trustee (2012 – present)
    • Deputy Executive Managing Editor, Journal of the Texas Supreme Court Historical Society (2011 – present)
  • Texas Office of Court Administration
    • E-Filers’ Issues Advisory Group Member (2014 – present)

Community Involvement, Memberships & Affiliations

  • Legal Aid Volunteer; FEMA Bastrop Disaster Relief Center (September 2011)
  • Red Cross Dorm Floor Manager, Austin Convention Center Shelter for Katrina Evacuees  (August – September 2005)
Education
  • J.D., Texas Tech University School of Law (2003)
  • M.B.A., Texas Tech University (2003)
  • B.S., summa cum laude, Texas Tech University (1999)
Judicial Clerkships
  • Supreme Court of Texas, Hon. Nathan L. Hecht (2003 – 2004)
Bar Admission
  • Texas
Court Admissions
  • United States Supreme Court
  • United States Court of Appeals, Fifth Circuit
  • United States District Court, Northern District of Texas
  • United States District Court, Eastern District of Texas
  • United States District Court, Southern District of Texas
  • United States District Court, Western District of Texas