Bar Admission
State Bar of Texas
U.S. Western District of Texas
U.S. Southern District of Texas
U.S. Eastern District of Texas
U.S. Northern District of Texas
U.S. District of Colorado
Education
St. Mary's University, J.D.
The Catholic University of America, B.A. with Honors
practice areas
Business Litigation
Professional Negligence and Legal Malpractice
Eminent Domain & Condemnation
About Elliott
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. 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.
Associations
State Bar of Texas
American Bankruptcy Institute
William S. Sessions Inn of Court
District 10 Subcommittee for the Unauthorized Practice of Law
College of the State Bar of Texas
Community Associations Institute ("CAI")
Fellow of the Texas Bar Foundation
Scene in S.A. Magazine / "Best Lawyers in San Antonio" in 2005 - 2017
“Texas Super Lawyer” by Texas Monthly for 2007 – 2018
"Outstanding Lawyer Award" from the San Antonio Business Journal 2011
AV Rated "Preeminent" by Lexis / Martindale-Hubbell
Select Reported Cases
In re David Miscavige and Religious Technology Center, 436 S.W.3d 430 (Tex. App. – Austin 2014)
Counsel Financial Services, LLC v. David Leibowitz, 2013 Tex. App. LEXIS 9252 (Tex. App. – Corpus Christi 2013)
Horrigan v. Wald, 2012 Bankr. LEXIS 2989 (Bankr. W.D. Tex. 2012)
In re Wald, 2012 Bankr. LEXIS 2552 (Bankr. W.D. Tex. 2012)
Dragon Fish, LLC, et al., v. Santikos Legacy, Ltd., et al., 2012 Tex. App. LEXIS 3439 (Tex. App. . San Antonio 2012, no pet.)
In re: Premier General Holdings, Ltd.,, 427 B.R. 592, (Bankr. W.D. Tex. 2010)
In re: Charles Bryan Powers and Mary Susan Powers, 412 B.R. 326, 2009 Bankr. LEXIS 4134 (Bankr. W.D. Tex. 2009)
Bexar Metropolitan Water District v. Liliana Oranday, 2009 Tex. App. LEXIS 3630 (Tex. App. Ð San Antonio 2009, no pet.)
Padilla v. Hollerman Dev., L.P., 2009 Tex. App. LEXIS 2917 (Tex. App. – San Antonio 2009, no pet.)
Radiology Assoc. of S.A., v. Aetna Health, Inc., 2005 U.S. Dist. LEXIS 3749 (W.D. Tex. 2005)
Publications
Litigation Overview in POA Cases: The POA Trial - Presented at the State Bar of Texas Advanced Property Owners Association Law Course, Houston, Texas, September 2023
POA Attorney Audit Response Letters: What They Should and Should Not Contain - Presented at the State Bar of Texas Advanced Property Owners Association Law Course, Austin, Texas, September 2022
When Tenants File for Bankruptcy, presented at the SES Commercial Landlord Tenant Law Conference, July 21, 2010
An Overview of Privilege Issues in the Bankruptcy Arena, presented at the Jay L. Westbrook Bankruptcy Conference, University of Texas School of Law, Nov. 15, 2008
Litigating Utility Easements in Eminent Domain and Condemnation Proceedings, presented August 2008 in San Antonio, Texas, at the Law of Easements Conference.
Litigating Avoidance Actions in Bankruptcy, presented April 30, 2008 in Austin, Texas, at State Bar of Texas Nuts & Bolts of Business Bankruptcy Conference.
Getting Paid, Collection Law for the Healthcare Industry, April 15, 2008 in San Antonio, Texas
The Texas Residential Construction Liability Act: An Overview, presented May 20, 2004, in Houston, Texas, at the Lorman Continuing Legal Education Class on Construction Defects and Insurance Coverage in Texas.
Cingular Acquisition of Verizon Wireless, News 4 WOAI (NBC TV) February 17, 2004
Northpoint Lawsuit Might End Before it Begins, Atnewyork.com, July 11, 2002
FCC Reportedly Increasing Long-Distance Vigilance, Internet Planet, June 15, 2001
Making Time to Broker Service Transitions from Northpoint, Internetnews.com, 2001