John Kinchen
Complex Litigation · White-Collar Defense · Securities Litigation
A rare trial lawyer who moves with equal confidence between high-stakes criminal defense and complex commercial litigation. John has built a national reputation for delivering consequential results — quietly, efficiently, and in the places where it counts most.
Overview
Trial-tested.
Nationally recognized.
John Kinchen is the uncommon trial lawyer who skillfully navigates between complex commercial litigation and high-stakes white-collar criminal matters. He has developed a national trial practice across industries including energy, financial services, healthcare, tax, real estate, and telecommunications.
While John has a strong record of delivering successful results in the courtroom, his most rewarding victories are the quiet but positive resolutions that keep his clients far from any public scrutiny. That ability — to resolve matters before they become public, to negotiate favorable outcomes before they become trials — is among the most valuable services a lawyer can provide.
John sharpened his skills as a federal prosecutor in the U.S. Attorney's Office in the Southern District of Texas, where he prosecuted the District's first-ever RICO charges in a public corruption case. He was later appointed by the DOJ as special prosecutor in the high-profile prosecution of a transportation company charged with crimes related to a deadly bus fire during Hurricane Rita.
In the aftermath of the Macondo oil spill, Transocean looked to John for guidance through a two-year DOJ criminal investigation and a three-month federal multidistrict civil trial. The DOJ investigation ended without felony charges. At trial, Transocean was cleared of any gross negligence finding — avoiding exposure to billions in fines and penalties.
“John is an outstanding lawyer who is widely trusted, respected and admired.”
— Chambers & Partners
“John Kinchen offers considerable expertise representing clients in trials and investigations.”
— Chambers & Partners
Recognition
Awards & Honors
Chambers & Partners
White-Collar Crime & Government Investigations, Texas (2023–2025)
Super Lawyers
White Collar Defense / Commercial Litigation, Texas (2018–2025)
"Rising Star" (2008–2009)
"Rising Star" (2005–2006) — only active state or federal prosecutor in the Southern District of Texas to receive the designation
Academic Appointments
Adjunct Professor, South Texas School of Law (1999–2009)
Adjunct Professor, University of Houston Law Center (1998)
ABA False Claims Act Trial Institute Instructor (2016)
Selected Matters
Representative Experience
Complex Commercial Litigation
Macondo Oil Spill · MDL Trial Lead
Successfully defended Transocean as trial lead during three-month federal MDL trial — company cleared of gross negligence, avoiding exposure to billions in fines and penalties.
International Corporation · $500 Million Fraud Trial
Won a unanimous jury verdict for an international corporation in a $500 million fraud case — defeating all claims that survived summary judgment to reach trial.
Finance Executive · Fraud & Employment Dispute
Tried a complex fraud and employment dispute to verdict on behalf of a finance executive sued by his former employer — winning multiple claims at trial, including counterclaims that survived post-trial challenge.
Breach of Asset Purchase Agreement · Four-Week Trial
Negotiated an eight-figure settlement for a local businessman prior to verdict after a four-week trial involving breach of an asset purchase agreement.
Multinational Corporation · Regulatory Defense
Successfully defended multinational corporation in administrative investigations and proceedings before the BOEM, BSEE, EPA, and Chemical Safety Board.
Energy Companies · Company Defense
Successfully defended multiple energy companies against commercial and personal injury lawsuits in Texas state courts.
Multinational Energy Company · Executive Employment Claims
Negotiated favorable settlements for multiple former executives of a multinational energy company, resolving claims of fraud and breach of employment agreement.
Energy Company · Complex Valuation Dispute
Obtained significant arbitration award against an energy company in a complex valuation dispute.
Multinational Law Firm · Commercial Dispute
Obtained arbitration verdict and attorney fees in favor of a multinational law firm in a commercial litigation matter.
White-Collar Criminal Defense & Government Investigations
Transocean · DOJ Criminal Investigation
Successfully defended Transocean through a two-year criminal investigation by the DOJ related to the Macondo oil spill — company avoided all felony charges.
FCPA · Multinational Energy Corporation
Successfully defended multinational energy corporation against alleged violations of the Foreign Corrupt Practices Act.
FCPA · CEO of Multinational Corporation
Successfully defended CEO against alleged FCPA violations.
PDVSA Bribery Investigation
Helped international businessman accused of FCPA violations successfully avoid criminal charges related to DOJ investigation into bribery at PDVSA.
Election Fraud Defense
Represented businessman accused of election fraud in two-month federal jury trial (14 felony counts ultimately reduced to a single misdemeanor).
Las Vegas Sports Bettor
Secured dismissal of all felony charges against a Las Vegas sports bettor through pre-trial negotiation — resolving the individual's exposure as a single misdemeanor while the government's felony charges were redirected to a non-operating corporate entity, and recovering millions of dollars in previously seized funds.
Enron Internal Investigations
Led numerous internal investigations of alleged corporate malfeasance at Enron.
Fortune 10 · Internal Investigations
Managed internal investigations on behalf of multiple Fortune 10 companies.
Healthcare Executive
Successfully defended an executive of a national healthcare provider in an SEC criminal investigation and related shareholder lawsuit.
Federal Tax Fraud Investigation
Successfully defended high-wealth taxpayer in a multimillion-dollar federal tax fraud investigation.
Environmental Crimes · Refinery Owner
Helped the owner of refinery successfully avoid criminal charges in a DOJ investigation of environmental crimes.
Tax Controversy & Litigation
IRS Technical Advice · Naval Construction
Successfully reversed IRS adverse technical advice related to a $3 billion naval construction contract.
Income Tax Refund Trial · Energy Company
Successfully represented oil company in a major district court income tax refund case involving Section 351, entitlement to losses, and economic substance.
International Tax · Soft Drink Company
Successfully represented an international soft drink company in a major tax case involving the tax treatment of its beverage production operations.
Speaking & Teaching
Engagements
2019
"The Mueller Report and Investigation: What They Can Teach About Federal Investigations" — Southern District of Texas Federal Bar Association
2016
Instructor, "False Claims Act Trial Institute" — American Bar Association
2016
"Deepwater Horizon: Lessons and Reflections on Navigating High-Profile Criminal Investigations and Trials" — Houston Bar Association, Criminal Law & Procedures Section
2006
"Criminal Liabilities in the Business Setting" — Texas Association of Defense Counsel
1999–2009
Adjunct Professor, "Accounting for Lawyers" — South Texas School of Law
1998
Adjunct Professor, "Real Estate Tax" — University of Houston Law Center
Education
Academic Background
University of Texas School of Law
J.D., 1994
Louisiana State University
B.A., Accounting, 1990, summa cum laude
Bar & Court Admissions
Admitted to Practice
State Bar of Texas
U.S. District Court, Southern District of Texas
U.S. District Court, Eastern District of Texas
U.S. District Court, Western District of Texas
U.S. District Court, Northern District of Texas
U.S. Court of Appeals, Fifth Circuit
U.S. Tax Court