Kimberly Cunningham
Associate
T: (713) 554-6742
kcunningham@
thompsonhorton.com
- J.D., Southern Methodist University, 2005
- B.A., magna cum laude, Southern Methodist University, 2002
Bar Admissions
- Texas
Affiliations
- Texas Young Lawyers Association
- Houston Bar Association
- Houston Young Lawyers Association
- State Bar of Texas, School Law Section
- Houston Lawyers Association
- Education Law Association
- National Association of College and University Attorneys
- National School Boards Association -- Council of School Attorneys
- Texas Association of School Boards -- Council of School Attorneys
- The Downtown Group
- UNCF
Court Admissions
- U.S. District Court for the Southern, Eastern, and Northern Districts of Texas
- U.S. Court of Appeals for the 5th Circuit
Kimberly L. Cunningham focuses her practice on the representation of schools, colleges, and other entities. Ms. Cunningham has a special interest in employment law and regularly handles matters in state and federal court involving employment discrimination, harassment, wrongful termination, the Fair Labor Standards Act, whistleblower laws, and other labor laws. Ms. Cunningham also assists clients with drafting employment agreements and developing employment policies, programs, and handbooks that comply with federal and state law. Ms. Cunningham also assists clients with compliance with the Texas Public Information Act.
Ms. Cunningham has extensive experience representing clients in both state and federal court and before the Equal Employment Opportunity Commission, the United States Department of Education, the United States Department of Justice, the Texas Workforce Commission, and the Texas Education Agency in matters involving alleged age, race, gender, national origin, and disability discrimination; harassment; retaliations; wrongful discharge; wage and hour disputes; family and medical leave; voting rights; and desegregation.
In addition to her litigation practice, Ms. Cunningham assists clients with policy manual development, preparation and review of business contracts and employment contracts, and compliance with ethics and conflict of interest laws. She also regularly provides training on employment law and legal issues affecting students.
Prior to joining Thompson & Horton LLP, Ms. Cunningham was an attorney at Bracewell & Giuliani LLP in the School & Public Law Section.
Representative cases
Meadows v. Braxdale and Lake Travis Indep. Sch. Dist., Cause No. 09-50850; In the United States Court of Appeals for the Fifth Circuit (federal and state constitutional and statutory challenges to District’s visitor access system requiring verification of registered sex offender status) (January 2010)
Kenneth Cuadra v. Houston ISD, Anne Patterson, Carol Wichmann, Marmion Dambrino, Billy Aldrich, Beth Bonnette, Melba Martin, Cause No. 09-20715; In the United States Court of Appeals for the Fifth Circuit (malicious prosecution case brought under Section 1983) (2010) (pending – appeal of grant of summary judgment)
Meadows v. Braxdale and Lake Travis Indep. Sch. Dist., 2010 WL 55974 (W.D. Tex. January 4, 2010) (granting summary judgment to Defendants on parents’ federal and state constitutional and statutory challenges to District’s visitor access system requiring verification of registered sex offender status)
Carlton, et al v. Houston Community College System et al, C.A. No. 4:08-cv-03239; In the United States District Court for the Southern District of Texas, Houston Division (First Amendment/sexual harassment) (pending)
L.L. b/n/f Ronald Lunsford and Tammy Lunsford v. Tarkington Independent School District, C.A. No. 1:09-cv-00754; In the United States District Court for the Eastern District of Texas, Beaumont Division (Section 504 discrimination allegedly based on bullying) (August 2009)
Bobby Thomas v. Corpus Christi Independent School District; Civil Action No. 6:07-CV-00068; In the United States District Court, for the Southern District of Texas, Victoria Division (discrimination lawsuit) (2007)
Perez v. Spring Branch Indep. Sch. Dist., No. 2006-75319; In the 127th Judicial District Court of Harris County, Texas (bench trial resulting in judgment in favor of the District on Plaintiff’s claims of retaliation and disability, gender, and national origin discrimination) (January 2010)
Patti Whitmire Carlton and Pamela Reed v. Houston Community College, Cause No. 2009-25125; In the District Court of Harris County, Texas, 269th Judicial District (breach of contract) (2009)
Xpediant Educational Solutions, LLC vs. Katy Independent School District, Cause No. 2008-68672; In the 334th Judicial District Court, Harris County, Texas (successfully defended school district in breach of contract lawsuit) (2008)
selected publications and speeches
Ms. Cunningham has prepared materials for and/or has given presentations on the following topics:
"Employment Law Issues Affecting Non-Profit Organizations", United Way Non-Profit Law Institute, 2008 and 2009.
"Attorney Fees in Pro Bono Cases: For the Public Good?" Practicing Law Institute Eight Annual School Law Institute, New York City, May 2008.
Region 4 Education Service Center, 2007 -- Assistive Technology: A Legal Perspective
"Ensuring FAPE: Insurance, Medicaid Reimbursement and Parental Consent" 21st Annual TCASE-Legal Digest Conference on Special Education Law -- Arlington and San Antonio -- March 23 and April 20, 2007.
"Technology and the Law: What Students, Parents, and Employees Need to Know", University of Texas, Dallas, 2006
"Tech and The Law: Issues Affecting Public Schools", National School Board Association, Dallas, Texas 2006
Quoted in "Schools Move to Stop Spread of Cyber Bullying", THE WALL STREET JOURNAL, January 2007