Elliott S. Cappuccio

Mr. Cappuccio’s practice focuses primarily on complex commercial litigation, business litigation, bankruptcy litigation, construction law, collections, property owner association rights, condemnation and telecommunications law. He has considerable litigation and trial experience in cases involving torts, breach of contract, business disputes, fraudulent transfers, breach of fiduciary duty, deceptive trade practices, construction defects, civil RICO, securities fraud, and complex collection matters.

Mr. Cappuccio’s clients range from Fortune 500 companies and mid-size businesses to small businesses and individuals across the country. Mr. Cappuccio also serves as a mediator, using his extensive litigation experience to help parties settle a variety of civil cases over the years. Examples of recent cases include Mr. Cappuccio’s defense of a publicly traded telecommunications utility in a two week jury trial where a property owner sought more than $3.3 million dollars in trespass damages from the installation of underground fiber optic cables. The jury deliberated for less than two hours before returning a verdict in favor of Mr. Cappuccio’s client on all counts. Mr. Cappuccio has also been approved by various bankruptcy courts to serve as special counsel for numerous chapter 7 bankruptcy trustees. He is one of only a handful of lawyers in San Antonio with the ability and experience to successfully and seamlessly litigate cases in state court, federal court, and bankruptcy court.

Mr. Cappuccio is AV rated “Preeminent” by Martindale-Hubbell (the highest rating available in legal ability and ethics). He has been consistently recognized as a “Texas Super Lawyer” by Texas Monthly Magazine from 2007 – 2023, and he has been consistently recognized among The Best Lawyers in America since 2018 in the areas of commercial litigation and bankruptcy litigation. Mr. Cappuccio is also the recipient of the prestigious “Outstanding Lawyer Award” from the San Antonio Business Journal in the area of litigation. Mr. Cappuccio is frequently invited to lecture at continuing professional education courses, including courses sponsored by the State Bar of Texas, the University of Texas School of Law, and local Community Association Institute (“CAI”) Chapters.

Mr. Cappuccio volunteers his time with a number of organizations, including the Community Association Institute Amicus Brief Committee which is responsible for analyzing appellate amicus brief applications from associations across the country, and he is a past member and former president of the Board of Directors for the San Antonio Chapter of the Community Association Institute. In 2011, Mr. Cappuccio was elected to membership in the Fellows of the Texas Bar Foundation. The Texas Bar Foundation is the largest charitably funded bar foundation in the country, and fellows are selected for their outstanding achievements and demonstrated commitment to the improvement of the justice system throughout Texas.

In 2019, Mr. Cappuccio successfully achieved Board Certification as a Civil Practice advocate by the National Board of Trial Advocacy (“NBTA”). The elaborate screening of credentials that all NBTA board certified attorneys must successfully complete includes: demonstration of substantial trial experience, submission of judicial and peer references to attest to their competency, attendance of continuing legal education courses, submission of legal writing documents, proof of good standing, and passing of an examination.

San Antonio Bar Foundation; Texas Bar Foundation Fellowship.