Sam Baxter has retired from McKool Smith after a storied career as a patent litigator in the Eastern District of Texas that saw him secure some of the largest verdicts and settlements in the state’s history.
Baxter served as a Texas state district judge and district attorney for Harrison County, Texas, before joining McKool Smith in 1995, in a legal career spanning 56 years. He was particularly known for his work involving clients in the technology and automotive sectors, and in 2024 played a lead role in securing a record-breaking $1.4bn settlement for the State of Texas against Meta.
“Sam is an icon in the Texas legal community, and many in the profession are fortunate to call him a mentor, a friend and a teacher,” said David Sochia, chairman and managing principal of McKool Smith. “We will certainly miss his presence in the firm, but we will remember the profound impact he has had on McKool Smith and the invaluable contributions he has made to the profession.”
Baxter won numerous accolades over the course of his career and was consistently recognised by legal rankings guides as among the top trial lawyers in the US. A 2015 profile by Law360 noted his “folksy” Texas charm and “ability to touch the hearts of jurors”, alongside his “willingness to draw verbal daggers in court and crush witnesses”.
In 2014, he helped secure a substantial jury verdict on behalf of relator Joshua Harman in a high-profile False Claims Act case against Trinity Industries, which led to Trinity being fined more than $660m in damages for failing to tell the US government about design changes to widely-used highway crash barriers that had raised safety concerns.
Other career highlights included representing PanOptis in extensive patent infringement litigation against Apple relating to 4G LTE technology, which saw verdicts of $506m and $300m before a 2026 Texas jury cleared Apple in a third trial, and securing a favourable outcome for Paice against Toyota Motor Corporation in a case involving hybrid car engines.
Peter Ayers, a senior counsel at Orrick and former McKool Smith partner, wrote on LinkedIn that Baxter was “the quintessential Texas trial lawyer”, adding: “Thank you for your mentorship, guidance and leadership over the dozen years we practised together.”
John Ward, a partner at Kelley Drye & Warren, commented: “It was always a pleasure working with you. It was even a pleasure a few times I had to work against you!”
“Trying cases before juries and advocating for clients has been the privilege of my life,” Baxter said in a statement. “Though I’ve appeared in courtrooms across the country, the Eastern District of Texas will always be home. More than verdicts or accolades, I’ll cherish the friendships, the people and the opportunity to mentor the next generation of trial lawyers.”
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