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Ben Geslison Photo
Ben Geslison Photo
Ben Geslison
Special Counsel
ben.geslison@bakerbotts.com
DETAILS
Practices
Corporate
Energy Litigation
State and Local Tax Controversy and Litigation
State and Local Tax Planning
State and Local Tax Technology
State Tax Incentives
Tax
Details
Overview
Overview Admission & Affiliations Experience News Thought Leadership Awards and Community
Practices
Corporate
Energy Litigation
State and Local Tax Controversy and Litigation
State and Local Tax Planning
State and Local Tax Technology
State Tax Incentives
Tax

Overview

Ben Geslison is an experienced trial and appellate litigator and tax attorney, actively practicing in state and federal courts at all levels. Mr. Geslison has a Band 1 rating from Chambers USA, an AV Preeminent rating from Martindale-Avvo, and is Best Lawyers rated.  Mr. Geslison's practice currently focuses on state and local tax disputes, commercial disputes, regulatory controversies, and constitutional law matters. He has first-chair experience in trying jury trials to verdict in both state and federal district court. Mr. Geslison also regularly handles high-profile appellate matters in state and federal appellate courts, including the Supreme Court of Texas and the Supreme Court of the United States. Mr. Geslison also regularly advises clients on state and local tax matters, including tax audits and redeterminations, letter rulings, litigation, voluntary disclosure programs, settlement negotiations with state and local taxing agencies, and providing comparative analysis of tax issues across states for clients' use in strategic planning.

Prior to attending Harvard Law School, Mr. Geslison worked for several years as a business consultant for Accenture, assisting several of Silicon Valley's tech giants optimize their systems and business processes.

Admission & Affiliations

  • State Bar of Texas
  • Louisiana State Bar
  • Oklahoma State Bar
  • Wyoming State Bar
  • United States Supreme Court
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the District of Columbia Circuit
  • United States District Court for the Northern District of Texas
  • United States District Court for the Southern District of Texas
  • United States District Court for the Eastern District of Texas
  • United States District Court for the District of Colorado
  • United States District Court for the Western District of Oklahoma
  • Houston Bar Association
  • J.D., Harvard Law School 2010
    cum laude
    Senior Editor & Business Manager, Harvard Journal of Law & Public Policy
    Dean’s Scholar: Advanced Legal Research, Antitrust, Foundations of Western Legal Thought
  • B.S., Biology, Brigham Young University 1999
    magna cum laude
    Golden Key National Honor Society

Experience

Tax Litigation: 

  • Secured reversal and rendition for oilfield service equipment dealer in a dispute over proper tax classification of oilfield service equipment.  (Solaris Oilfield Site Serv’s v. Brown Cnty. Appraisal Dist., 688 S.W.3d 918 (Tex. App.—Eastland, 2024))
  • Secured victory for Lockheed Martin against the Texas Comptroller in the Texas Supreme Court in a franchise-tax dispute over F-16 sales to foreign allies. (Lockheed Martin v. Hegar, 601 S.W.3d 769 (Tex. 2020))
  • Successfully represented Kinder Morgan on appeal of a property tax valuation protest in which the trial court issued a directed verdict against Kinder Morgan after excluding its expert witnesses. (Kinder Morgan Prod. Co. LLC v. Scurry Cnty. Appraisal Dist., 637 S.W.3d 893 (Tex. App.—Eastland, 2021)
  • Obtained complete victory in the Texas Supreme Court for oilfield heavy-equipment dealers in a series of property-tax lawsuits against Texas counties that disagreed with a formula-based statute for valuing inventory held for lease. (E.g., EXLP Leasing LLC v. Galveston Cent. Appraisal Dist., 554 S.W.3d 572 (Tex. 2018)).
  • Represented LNG liquefaction company as amicus in a successful mandamus action brought by Occidental Chemical Corp. in the Texas Supreme Court, seeking to end duplicate taxation by two Texas counties of property located on the county border (In re Occidental Chemical Corp., 561 U.S. 146 (Tex. 2018).
  • Successfully obtained reversal of trial court's dismissal of a property-tax dispute for lack of jurisdiction (EXLP Leasing, LLC v. Webb County Appraisal District, 511 S.W.3d 227 (Tex. App.—San Antonio 2015, pet. denied)).
  • Successfully obtained dismissal and a victory on appeal of a lawsuit filed against a windfarm developer for its attempts to seek local tax incentives to facilitate the development of clean energy (Ellis v. Wildcat Creek Wind Farm LLC, No. 02-20-00050-CV (Tex. App.—Fort Worth Mar. 25, 2021, no pet.)
  • Successfully obtained nonsuit of an action filed by a county against a taxpayer and the county appraisal district, challenging a negotiated judgment settling a prior tax dispute between the taxpayer and the appraisal district. (Wise County v. USAC Leasing LLC & Wise County Appraisal Dist., No. CV19-03-204 (271st Dist. Ct., Wise County, TX).

 Commercial Disputes:

  • Successfully obtained reversal in the Texas Supreme Court of a $13 million lower court judgment against an oil & gas lessee in a dispute over the construction of a will and the interest it devised (ConocoPhillips Co. v. Ramirez, No. 17-0822 (Tex. Jan. 24, 2020).
  • Successfully obtained reversal of adverse summary judgment on behalf of ConocoPhillips in a $63m contractual indemnity action and then affirmance by the Supreme Court of Texas. (Noble Energy, Inc. v. ConocoPhillips Co., 532 S.W.3d 771).
  • Successfully represented petitioner in asbestos case construing a provision of the Civil Practice & Remedies Code in the Texas Supreme Court (Union Carbide Corp. v. Synatzske et al, 438 S.W.3d 39 (Tex. 2014)).
  • Successfully represented closely-held oil and gas partnership, obtaining summary judgment in a fraud, breach of contract, and breach of fiduciary duty lawsuit concerning holdings worth over $1.5 billion. (Harrison v. Harrison Interests Ltd., et al, No. 2010-82117, 190th Dist. Ct.)
  • Successfully represented entrepreneur in a fraud suit against an oil & gas co-investor, obtaining injunctive relief and ultimate payment of $14 million. (Hopp v. Rieck et al, No. 12-cv-1522, 122nd Dist. Ct.)
    Represented Halliburton against former subsidiary in complex dispute over proper application of contractual arbitration clauses (Halliburton Co. v. KBR, Inc., No. 2012-39503, Texas First Court of Appeals)

 Securities and Class Actions: 

  • Successfully obtained dismissal of a 10b-5 securities fraud case against offshore energy specialty services company (Izadjoo v. Helix Energy Solutions, 237 F.Supp.3d 492 (S.D. Tex. 2017))
  • Successfully obtained dismissal with prejudice of a derivative shareholder action for alleged breach of fiduciary duty (Markovich v. Willbros Group, Inc. et al, No. 2014-65392, 215th Dist. Court).
  • Represented Halliburton in two separate trips to the U.S. Supreme Court, in a 10b-5 securities class action addressing requirements for class certification in fraud-on-the-market suits (Erica P. John Fund, Inc. v. Halliburton Co., 563 U.S. 804 (2011); (Halliburton Co. v. Erica P. John Fund, Inc., 573 US 258 (2014)).
  • Represented amicus curiae, Chamber of Commerce of the United States supporting appellant in an appeal of an order certifying a class in an environmental contamination class action lawsuit (Prantil v. Arkema, Inc., No. 19-20723, 5th Circuit)

Regulatory:

  • Successfully obtained reversal of adverse summary judgment on behalf of a telehealth service provider in a suit against a state regulatory agency (Teladoc, Inc. v. Texas Medical Board, 453 S.W.3d 606 (Tex. App.—Austin 2014, pet. denied)).
  • Obtained a unanimous victory in the Texas Supreme Court in a state preemption case against a home-rule city. (Southern Crushed Concrete v. City of Houston, 398 S.W.3d 676 (Tex. 2013)).

Constitutional:

  • Represented amici curiae, former United States Attorneys General, supporting petitioners in the United States Supreme Court in a defamation action implicating the question whether courts or juries should decide whether speech is constitutionally protected or actionable (National Review, Inc. v. Mann & Competitive Enterprise Institute v. Mann, Nos. 18-1451 & 18-1477, U.S. Supreme Court)
  • Represented amicus curiae, National District Attorneys Association, supporting petitioner, in the United States Supreme Court, in a case involving the Fourth Amendment’s reasonable-suspicion standard (Kansas v. Glover, No. 18-556, U.S. Supreme Court)
  • Represented amici curiae, cake artists, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 138 S. Ct. 1719 (2018)
  • Represented amici curiae, U.S. Senators and U.S. Representatives supporting petitioner Trinity Lutheran in the United States Supreme Court, (Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577 (2016))
  • Represented amici curiae, U.S. Attorneys General & Secretaries of Education supporting petitioners seeking certiorari in the United State Supreme Court in a religious liberties case (Morgan v. Swanson, 132 S.Ct. 2740 (2012))
  • Represented inmate plaintiff in a § 1983 jury trial against prison guards for alleged use of excessive force and violation of constitutional rights (Adams v. Bailey, No. 4:12-cv-2520, S.D. Tex.).

Awards and Community

Awards

 

Rated Band 1 by Chambers USA

Best Lawyers® rated

Rated "AV Preeminent" by Peers and Judiciary (highest level) from Martindale-Avvo, 2018-2025

Community Involvement

Pro Bono College of the State Bar of Texas

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