Jacob Birnbaum


Jacob Birnbaum is an experienced tax attorney who helps clients plan and structure their transactions to achieve favorable tax outcomes. He provides sophisticated and cutting-edge tax advice on federal, state, and local taxation matters, including partnership and LLC operating agreements, financial instruments taxation, property transfers, and mergers and acquisitions. Additionally, Mr. Birnbaum is well-versed in tax credits and deductions available to both individuals and businesses of all sizes.

Before joining Kelly Hart, Mr. Birnbaum practiced tax and hedge fund law in New Jersey and New York. His practice involved forming hedge funds, drafting offering documents, addressing hedge fund fee/allocation tax issues, and ensuring SEC Investment Adviser compliance. He also advised clients, including the U.S. arm of a Middle Eastern sovereign wealth fund, on Securities Act of 1933, Investment Advisers Act of 1940, and Commodity Exchange Act matters, while addressing SEC, FINRA, NFA, and CFTC compliance issues.

Mr. Birnbaum’s background includes experience as a stock options floor-trader on the American Stock Exchange, as well as current membership in the U.S. Patent and Trademark Office bar. As a result, he is uniquely qualified to assist clients with finance and intellectual property issues.

  • Texas Bar Foundation, Fellow
  • Top Attorney, 360 West magazine, 2017-2023
  • Top Attorney, Fort Worth Magazine, 2018, 2020
  • Texas Super Lawyers Rising Star, Thomson Reuters, 2016
  • Georgetown University Law Center, LL.M., 2010
  • Benjamin N. Cardozo School of Law, J.D., 2006
  • Dartmouth College, A.B., 1994
  • State Bar of Texas, 2014
  • State Bar of New York, 2007
  • State Bar of New Jersey, 2006
  • State Bar of Connecticut, 2007
  • U.S. Patent & Trademark Office (Registration No. 59,495)
  • U.S. Tax Court
Speeches & Publications
  • “New Medicare Tax Lacks Specificity” Law360, November 20, 2013
  • Taxation of Exchange-Traded Options.  Bloomberg/BNA Tax Adviser (June 2013)
  • Why the U.S. Congress Would be Making a Colossal Mistake by Banning Tax Patents. Journal of Taxation of Investments, 28(3), 59-88 (April 2013)
  • The Case for the U.S. PTO’s Adoption of an Open-Source ‘Bounty’ System for Reviewing Business Method and Software Patents, In Light of the Patent Infringement Battles Featuring the U.S. Financial Exchanges that Have Been Waged in Recent Years. UCLA Journal of Law and Technology, 10 (June 2006)

Jacob Birnbaum

Senior Counsel

P: (817) 878-9395
F: (817) 878-9280



  • State Bar of Connecticut
  • State Bar of New Jersey
  • State Bar of New York
  • State Bar of Texas

Practice Areas

Top Attorney, 360 West magazine, 2017-2023