Business Litigation

Successfully defended five employees against claims brought by former employer alleging breaches of fiduciary duties, conspiracy, and misappropriation of trade secret claims.

Represented a development company and successfully obtained a summary judgment on liability and an award of specific performance related to the breach of a real estate contract.

Successfully represented a multi-location dental practice in bad faith claims against an insurance company involving loss of business income, loss of equipment and inventory, and reimbursement for continuing operating expenses and expenses in connection with moving dental practice to temporary locations.

Successfully represented a development company in an arbitration proceeding to remove a $500,000 mechanic’s lien recorded by a contractor against the property.

Routinely represented a national bank in many aspects of creditor rights law, including the enforcement of loan documents and collection claims.

Successfully represented a development company asserting professional negligence and breach of contract claims against an architectural firm for errors and omissions that caused significant cost overruns during the construction of a $40 million dollar multi-family development.

Represented a client that provides offshore mooring systems for the energy industry in the acquisition of the equity of a provider of anchoring and mooring solutions and its subsidiaries. The complex cross-border transaction involved the acquisition of assets located on and entities domiciled in at least twelve different countries and negotiations of definitive agreements with legal counsel in Norway.

Pursued claims on behalf of a Houston business owner for breach of an agreement for the sale of Houston bar. The purchaser failed to amend the name of the company, provide new bonds or financial security for the permits issued by the TABC, and transfer all TABC permits to the new entity as required by the purchase and sale agreement.

Won a multi-million dollar arbitration award on behalf of the owners of a software company against an oilfield services company who purchased their company. The claims and recovery related to misrepresentations made during negotiations and execution of a stock purchase agreement. After 15 days of evidence, the three-member panel ruled unanimously in favor of our client.

Won a summary judgment for a popular local restaurant in a lawsuit filed by a competing restaurant in the same shopping center. The plaintiff sued the client in an effort to shut down their operations claiming certain lease covenants were being violated. The competing restaurant alleged it was a third-party beneficiary to the client’s lease with the center’s landlord. After briefing the issues to the trial court a summary judgment was granted dismissing all of plaintiff’s claims within four months from the date the lawsuit was filed.

Won a unanimous jury verdict for an owner of a hotel against a large group customer who canceled a series of contracts claiming the hotel’s service has diminished. The customer preemptively sued the client. Counter-claims were filed on behalf of the client and, at trial, the customer’s claims were dismissed via directed verdict. The jury rendered a verdict in favor of the client finding that the customer breached the contracts.

Won a unanimous decision from the Texas Supreme Court on behalf of a major water bottling company in a dispute against land owners concerning the alleged drainage of an aquifer. The trial court granted a summary judgment at the lower court level, rejecting plaintiff’s attempt to obtain an injunction to halt the production of spring water from client’s largest water source.

Won a jury verdict for an independent oil and gas exploration company for damages to one of its production platforms in the Gulf of Mexico. After a week-long trial, the jury awarded damages that were caused by another oil company’s crew boat running into the platform.

Won a unanimous jury verdict for a homeowner against a designer hired to provide interior design services. Although the client paid the designer for several decorative pieces, the designer failed to purchase the items and then refused to return our client’s money. The designer filed a counter-claim for the amount of money he alleged was still owed under the terms of the parties’ agreement. The jury rendered a verdict in favor of our client finding that the designer breached their agreement.

Won a unanimous jury verdict for one of Houston’s oldest title insurance agencies in a dispute with its landlord for breaching an exclusive use clause in the client’s lease. After a week in trial, the jury awarded the client a judgment for its damages, including attorney’s fees.

Won a bench trial for a manufacturing company against a national accountant placement agency. The client sued when it discovered that the controller it hired from the agency had a criminal record relating to theft by hot check. The agency refused to refund the placement fee. The verdict included a violation of the Texas Deceptive Trade Practices Act resulting in the client receiving a doubling of its damages and the recovery of attorney’s fees.

Won an arbitration award on behalf of a custom home builder against its customer for breaching the construction contract and wrongfully withholding draw payments. After a week-long arbitration hearing, the client was awarded its past due draws, attorney’s fees and arbitration costs.

Won an appeals court decision upholding a summary judgment awarded in favor of a business client. The underlying claims related to whether the client had properly exercised the renewal option in its commercial lease. The trial court granted summary judgment finding the renewal was properly exercised and awarded attorney’s fees to the client. The trial court’s ruling was upheld on appeal.

Won an appeals court decision upholding a summary judgment awarded in favor of a client relating to a breach of a settlement agreement. The opposing party claimed that provisions of the settlement agreement were unenforceable because they violated the Texas usury laws. The trial court granted summary judgment finding the usury laws were not implicated and awarded attorney’s fees to the client. The trial court’s ruling was upheld on appeal.

Won a summary judgment that certain individuals lacked standing to sue a broker-dealer for investments made by entities owned and/or controlled by those individuals. The individuals claimed that they had a beneficial interest in the entities, but the court held that only the entities who purchased the securities could sue.

Won a summary judgment confirming a client’s rights to certain intellectual property under a license agreement that was deemed to be exclusive, perpetual and irrevocable. The other side claimed that the license agreement expired after a certain term, but information obtained during discovery disproved that theory.

Won a summary judgment on behalf of an oil-field services company who was sued for allegedly misappropriating trade secrets from a competitor. When the client hired away the opposing side’s salesman it sued. Summary judgment was awarded when it was shown that the opposing side did not have a valid trade secret as a matter of law.

Won a summary judgment on behalf of an independent geologist in a case brought by a working interest owner concerning acquisition and development of oil and gas leases. Claims included breach of contract, tortious interference with contractual relations and conspiracy. Plaintiff failed to consent to additional acreage under the Joint Operating Agreement and sued fellow working interest owners for almost $10 million in damages.

Obtained a restraining order and, ultimately, a permanent injunction for copyright and trade dress infringement on behalf of the largest manufacturer of digital game feeder timers. Case brought against client’s former customer who was improperly selling an identical product at an industry trade show.

Obtained a restraining order and temporary injunction to remove a company officer who was stealing from the company. The representation included counseling a group of minority shareholders who obtained sufficient written consents to restructure the board of directors and then elect new officers to remove the CEO who had the company’s intellectual property assigned to himself. After the temporary injunction was granted an agreement was reached that returned the intellectual property to the company.

Won a jury verdict for a homeowner against a designer she hired to provide interior design services. Although our client paid the designer for several decorative pieces, the designer failed to purchase the items and then refused to return our client’s money. The designer filed a counter-claim for the amount of money he alleged was still owed under the terms of the parties’ agreement. A unanimous jury rendered a verdict in favor of our client finding that the designer breached their agreement.

Obtained dismissal of an antitrust action in federal court in Arizona.

Won partial summary judgment on behalf of restaurateurs on a breach of fiduciary duty/usurpation of a valuable partnership opportunity and oppression claim filed by restaurateurs’ partners. Also won a motion for partial summary judgment declaring a “Right to Participate” clause contained in the Partnership’s Operating Amendment invalid.  Based on the alleged right to participate, the restaurateurs’ partners claimed to have an interest in a subsequent endeavor created and developed by the restaurateurs. Summary judgment was awarded when it was shown that the “Right to Participate” clause was invalid, and subsequently, the Court failed to find any breach of fiduciary duty or oppression on the part of the restaurateurs.  Ultimately, this summary judgment led to a favorable settlement of the entire dispute for our clients.

Obtained favorable judgment from intermediate court of appeals, which affirmed a summary judgment denying a homeowner’s challenge to its mortgagee’s entitlement to fire insurance policy proceeds.

Representing a world leader in premium insulation coatings against former employees and distributor for misappropriation of its confidential information and trade secrets. Successfully obtained a temporary injunction to prevent the use and/or disclose our client’s confidential insulating coating formulas and manufacturing processes.

Successfully negotiated resolution of complex, multi-million dollar dispute involving production of steel rig kits for use in offshore jack-up drilling rig application between an overseas steel mill, Houston-based steel fabricator, and offshore drilling systems provider in Mississippi.

Represented supplier of oilfield steel for use in the oil and gas industry in a lawsuit brought by a competitor alleging a former employee provided our client (his new employer) with confidential customer lists, vendor contact information and sales data owned by his former employer. Successfully obtained transfer of lawsuit from United States District Court for the Northern District of Illinois to the Southern District of Texas based on argument that Texas was a more convenient forum as the location of material events, the residence of defendants and most potential non-party witnesses, as well as the relative interests of justice.

Represented a world leader in premium insulation coatings against a former distributor based on claims for breach of a written distributor agreement, as well as claims for breach of oral agreements or, alternatively, quasi-contractual claims such as promissory estoppel and unjust enrichment. Following written discovery and depositions of the named parties, certain third-parties, and experts, both parties moved for summary judgment – we moved on all of plaintiff’s claims and plaintiff moved solely on liability for its contractual claims. With the summary judgment motions pending, the matter settled on confidential terms.

Represented a manufacturer of frac and mud pumps utilized in the oilfield in breach of contract and fraudulent inducement action against company providing engineering and design support of equipment. Obtained a favorable settlement on behalf of client.

Represented a safety and compliance consulting company in high-exposure automobile death case filed by estate of decedent against multiple involved parties. Obtained a dismissal of the client from the lawsuit without payment of any damages.

Obtained favorable decision from Texas Supreme Court on behalf of financial institution; petition for review was granted to reinstate a jury verdict denying liability for wrongful payment claim, which had been disregarded by the trial court and intermediate court of appeals.

Obtained summary judgment in bill of review proceeding initiated to vacate default judgment in state district court, which had been rendered without proper service of process on non-resident defendant under the Texas long-arm statute.

Pursued claims on behalf of the owner of a Houston shopping mall for breach of contract and indemnity. A subcontractor sued the general contractor and owner for non-payment. The owner filed a separate lawsuit against the general contractor for indemnity and breach of contract for failing to pay the subcontractor.

Successfully defended a former officer and director against claims of fraud, breach of fiduciary duties and denuding corporate assets. Claims were brought by Bankruptcy Trustee on behalf of creditors of the corporation. After extensive discovery and certain claims being dismissed via summary judgment, the case settled within the limits of the applicable D&O policy.

Successfully defended a benefits plan administrator against ERISA claims brought by a plaintiff seeking to recover benefits under group life insurance policy. Certain claims against the client were dismissed through a Rule 12(b)(6) motion and the remaining claims were dismissed via summary judgment.

Successfully defended a major oil and gas company against claims of tortious interference with prospective contractual relations in a case concerning a potential merger transaction. Plaintiff sought damages of approximately $65 million plus exemplary damages. However, after a week of trial plaintiffs settled for less than 5% of that amount with the client not responsible for paying any of the settlement amount.

Settled a fraud and RICO dispute on behalf of a small gas marketing company in a case brought by the majority owner of a gas trading company. Plaintiff originally sought in excess of $70 million in damages, alleging fraudulent gas trading and financial derivative transactions, but settled on very favorable terms for client prior to trial.

Represented a 50% shareholder of a closely held corporation in a lawsuit against his business partner who was stealing money from the company. An injunction was obtained on behalf of the client removing the business partner as an officer of the company. The case included pre-litigation investigation of both a civil and criminal nature and then developing a strategy to remove the person through a temporary restraining order and injunction. These actions led to a favorable settlement within 30 days after filing the injunction.

Represented a former Enron executive in a preference action brought by the bankruptcy trustee. The trustee brought suit to recover a severance payment received just prior to the bankruptcy filing. The client also had claims against Enron and a non-bankrupt subsidiary. After discovery and substantive briefing before the Enron bankruptcy judge, a settlement was reached with the client agreeing to pay less than 18% of the amount the trustee was originally seeking to recover.

Represented a closely held corporation against a minority shareholder and officer who misappropriated funds from the company. After the minority shareholder was removed as an officer he sued the company. The company defended those claims and filed counterclaims to recover the missing funds. Ultimately, the minority shareholder non-suited his claims and agreed to repay the company.

Represented a major oil and gas company in a breach of joint venture claim. The joint venture related to a fractionation facility and the joint venture partner’s failure to properly allocate funds. Two days after the opposing side answered the lawsuit filed on behalf of the client a settlement was reached which gave the client 100% of the relief requested in the petition.

Represented a 50% shareholder of a closely held corporation in a lawsuit against his business partner who wrongfully dismissed him as an officer and director of the company. An injunction was obtained on behalf of the client to maintain his status as an officer and director. Limited discovery revealed that the business partner had misappropriated funds from the company. Ultimately, the case was resolved by the client selling his shares of the company to the business partner at a hefty premium.

Represented a client before the Department of Justice in its investigation of alleged violations of the False Claims Act.

Represented the owner of co-generation plant in multiple condemnation proceedings brought by pipeline owners exercising power of eminent domain. Litigation resulted in favorable settlements, enabling client to realize several hundred thousand dollars in compensation for the takings.

Represented an international supplier of electronic sub-sea equipment against a foreign construction and engineering service support provider. Successfully obtained summary judgment award of several hundred thousand dollars in actual damages and attorney fees.

Represented a company in the business of aircraft engine maintenance and repair in the prejudgment seizure of a privately owned Boeing 737 aircraft. Litigation resulted in a favorable settlement, enabling client to receive payment and recovery of attorneys’ fees.

Represented the seller/client of nursing home assets in action brought by buyer for fraud and breach of contract alleged to have arisen in connection with asset purchase transaction. Litigation resulted in favorable summary judgment ruling on buyer-plaintiff’s claims for fraud and breach of contract.

Represented a seller of vocational trade school assets in action brought by students who alleged client had defrauded them and breached educational contracts in connection with the transferred assets. Obtained full dismissal of all students’ claims through the litigation.

Represented the seller of acute care centers in action brought by buyer for fraud and breach of contract alleged to have arisen in connection with asset purchase transaction. Litigation resulted in favorable summary judgment ruling on buyer’s claims for breach of contract. At trial on buyer’s fraud claims, made successful motion to exclude damages testimony of buyer’s expert, resulting in directed verdict on buyer’s fraud claims.

Affirmed by the Fifth Circuit in a dispute involving opposing party’s attempt to compel arbitration.

Represented radio personalities in a lawsuit filed against them alleging breach of their affiliation and syndication agreements.

Represented a homeowner in a dispute against home builder for failure to timely complete construction and subsequent refusal to return Earnest Money, Change Order Funds and Good Faith Money.

Represented individuals in disputes arising out of partnership agreements or other corporate entities, including limited liability companies and close corporations.

Represented a refinery service contractor in a breach of contract matter arising out of allegations that equipment manufacturer failed to deliver equipment in a timely manner and delivered equipment that did not conform to the requirements of the agreement. This matter centered on the interpretation of Article 2 of the Uniform Commercial Code dealing with delivery of goods, nonconforming goods, and lost profits as damages. The matter ultimately settled on confidential terms.

Obtained summary judgment on behalf of a local retailer in a lawsuit filed by retailer’s former agent seeking recovery of commissions that agent claimed were not paid pursuant to the terms of written agreement. The matter concerned an interpretation of the agent’s duties and responsibilities under the commission agreement and Texas. The trial court ultimately granted summary judgment on all claims.

Won an arbitration award on behalf of a custom home builder after home builder’s services were terminated and home builder was not paid sums owed under the contract and change orders. The home owner asserted claims relating to alleged defective construction. After a week-long arbitration hearing, the Arbitration Panel awarded our client all damages sought, attorney’s fees, and arbitration costs, and denied all claims asserted by the home owner.

Represented a minority shareholder in a shareholder oppression and breach of fiduciary duty lawsuit alleging that minority shareholder was forced out of his position with the company and was denied his rights as a shareholder. The matter raised unique issues under Texas law concerning duties and obligations between owners of a closely held corporation. The matter ultimately settled for a confidential amount.

Successfully defended a Texas-based drilling rig manufacturer in a lawsuit by a drilling rig purchaser. The purchaser claimed the manufacturer breached a rig construction contract and tortiously interfered with its contract with a drilling operator. The purchaser sought approximately $25 million for the cost of repairing the rig and lost profits. The case settled for a fraction of that amount on the eve of picking a jury.

Pursued claims on behalf of a real estate developer in the Houston Galleria area. The developer was building a 15-story office building next to an apartment complex. The apartment complex complained the tower crane being used to construct the office building was trespassing on the airspace above the complex. The real estate developer filed suit seeking a declaration that the tower crane was not trespassing on the apartment complex’s airspace. Obtained a dismissal of all claims against the client without payment of any damages.

Obtained judgment of more than $9 million on behalf of entrepreneurs related to the sale of their valve company to a New York-based private equity firm. After the sale, the buyer asserted indemnification claims against the entrepreneurs based on pre-sale representations allegedly made by the entrepreneurs. In doing so, the buyer sought to avoid paying the bulk of the purchase price for the entrepreneurs’ company. On competing summary judgment motions, the New York Supreme Court – Commercial Division rejected the buyer’s claims (including claims for fraud, breach of contract, indemnification, and set-off) and granted the entrepreneurs’ affirmative claims for breach of the various promissory notes at issue. The New York Court also awarded attorney’s fees to the entrepreneurs.

Successfully defended a hospital system in a qui tam action alleging Medicare and Medicaid fraud under FCA. Representation included working with DOJ who declined to intervene and then successfully defending the underlying lawsuit against the qui tam Relator.

Settled breach of contract dispute between manufacturer of car products and a purchaser.

Pursuing claims on behalf of a supplier of industrial guar for breach of contract against one of the supplier’s customers.

Obtained an emergency motion for protection on behalf of an expert witness when the opposing party subpoenaed all records and documents by and between the expert witness and the expert witness’ former and present clients. The expert witness was to provide testimony related to the exercise and fitness industry.

Represented a refinery service contractor in a multi-million dollar lawsuit involving claims arising out of the refinery’s refusal to pay for services and counterclaims by the refinery relating to alleged breaches of safety procedures. Within five months of filing lawsuit and shortly after the filing of a pre-discovery, summary judgment motion asserting immediate right to payment, the matter was successfully resolved.

Representing a manufacturer of separation products installed in process units against claims made by a multi-national chemical manufacturing corporation seeking damages exceeding $10 million relating to alleged defects in design of the products and failures of the products installed.

Obtained an emergency motion for protection in federal court on behalf of a non-party where non-party had been subpoenaed to produce voluminous records and communications between the non-party and the non-party’s former and present clients. The emergency relief obtained completely relieved the non-party’s clients from complying with the subpoenas.

Represented the owner of two retail stores in a dispute with an international textile distributor. The textile distributor has claimed a partnership interest in the retail stores and has sued for damages for alleged breach of contract and various business-related torts.

Representing innovative litigation finance platform in dispute pending in state district court that arose between attorney borrowers and lender over on-platform transaction, and in multi-million dollar dispute pending in commercial arbitration with lender over collapsed business relationship.

Pursuing claims on behalf of a Texas-geoscience company against a crime insurance policy carrier. A former employee defrauded the company by stealing more than $2 million worth of iPhones and Blackberries. The carrier denied coverage under a commercial crime policy.

Won summary judgment dismissing a Texas Uniform Fraudulent Transfer Act suit filed against a Texas-based, public accounting and advisory services company in which the plaintiff alleged our client was the wrongful recipient of over $1.8 million worth of client information and company goodwill. Entire case dismissed on summary judgment.

Represented national insurance carrier in multiple negligence cases, each case resulting in a favorable ruling or successful pretrial settlement.

Handled Public Information Act requests for a private university’s police department.

Represented several large corporations and individuals in matters involving various contractual and business tort disputes, including fraud, misrepresentation, breach of fiduciary duty, and breach of contract.

Texas counsel for Houston-based construction company on numerous matters including contract litigation.

Represented a Texas-based energy company in numerous contractual disputes over environmental reporting.

Obtained a defense verdict for a bank and its holding company in a shareholder suit.

Represented an energy company in litigation with foreign governmental entities and companies over contract dispute, tortious interference and breach of fiduciary duty.

Obtained multiple defense verdicts in favor of numerous Texas grocery store chains in actions against the State of Texas for violations of contracts to deliver food services under the Woman Infants and Children’s Program in Texas.

Represented a startup in the bio algae industry in a dispute with a member and former manager of the LLC. Both sides sough injunctive relief on behalf of the LLC, each claiming to independently control the company, and filed simultaneous lawsuits in federal court for patent infringement and securities violations. The parties reached a creative and favorable settlement agreement which involved the drafting of a new company agreement, consulting agreement, and other corporate documents to protect the interests of the company’s investors.

Represented a 50% shareholder of a closely held corporation in a lawsuit against his business partner who was stealing money from the company. An injunction was obtained on behalf of the client removing the business partner as an officer of the company. The case included pre-litigation investigation of both a civil and criminal nature and then developing a strategy to remove the person through a temporary restraining order and injunction. These actions led to a favorable settlement within 30 days after filing the injunction.

Represented a former Enron executive in a preference action brought by the bankruptcy trustee. The trustee brought suit to recover a severance payment received just prior to the bankruptcy filing. The client also had claims against Enron and a non-bankrupt subsidiary. After discovery and substantive briefing before the Enron bankruptcy judge, a settlement was reached with the client agreeing to pay less than 18% of the amount the trustee was originally seeking to recover.

Represented a closely held corporation against a minority shareholder and officer who misappropriated funds from the company. After the minority shareholder was removed as an officer he sued the company. The company defended those claims and filed counterclaims to recover the missing funds. Ultimately, the minority shareholder non-suited his claims and agreed to repay the company.

Represented a major oil and gas company in a breach of joint venture claim. The joint venture related to a fractionation facility and the joint venture partner’s failure to properly allocate funds. Two days after the opposing side answered the lawsuit filed on behalf of the client a settlement was reached which gave the client 100% of the relief requested in the petition.

Represented a 50% shareholder of a closely held corporation in a lawsuit against his business partner who wrongfully dismissed him as an officer and director of the company. An injunction was obtained on behalf of the client to maintain his status as an officer and director. Limited discovery revealed that the business partner had misappropriated funds from the company. Ultimately, the case was resolved by the client selling his shares of the company to the business partner at a hefty premium.

Represented a client before the Department of Justice in its investigation of alleged violations of the False Claims Act.

Represented the owner of co-generation plant in multiple condemnation proceedings brought by pipeline owners exercising power of eminent domain. Litigation resulted in favorable settlements, enabling client to realize several hundred thousand dollars in compensation for the takings.

Represented an international supplier of electronic sub-sea equipment against a foreign construction and engineering service support provider. Successfully obtained summary judgment award of several hundred thousand dollars in actual damages and attorney fees.

Represented a company in the business of aircraft engine maintenance and repair in the prejudgment seizure of a privately owned Boeing 737 aircraft. Litigation resulted in a favorable settlement, enabling client to receive payment and recovery of attorneys’ fees.

Represented the seller/client of nursing home assets in action brought by buyer for fraud and breach of contract alleged to have arisen in connection with asset purchase transaction. Litigation resulted in favorable summary judgment ruling on buyer-plaintiff’s claims for fraud and breach of contract.

Represented a seller of vocational trade school assets in action brought by students who alleged client had defrauded them and breached educational contracts in connection with the transferred assets. Obtained full dismissal of all students’ claims through the litigation.

Represented the seller of acute care centers in action brought by buyer for fraud and breach of contract alleged to have arisen in connection with asset purchase transaction. Litigation resulted in favorable summary judgment ruling on buyer’s claims for breach of contract. At trial on buyer’s fraud claims, made successful motion to exclude damages testimony of buyer’s expert, resulting in directed verdict on buyer’s fraud claims.

Affirmed by the Fifth Circuit in a dispute involving opposing party’s attempt to compel arbitration.

Represented radio personalities in a lawsuit filed against them alleging breach of their affiliation and syndication agreements.

Represented a homeowner in a dispute against home builder for failure to timely complete construction and subsequent refusal to return Earnest Money, Change Order Funds and Good Faith Money.

Represented individuals in disputes arising out of partnership agreements or other corporate entities, including limited liability companies and close corporations.

Represented a refinery service contractor in a breach of contract matter arising out of allegations that equipment manufacturer failed to deliver equipment in a timely manner and delivered equipment that did not conform to the requirements of the agreement. This matter centered on the interpretation of Article 2 of the Uniform Commercial Code dealing with delivery of goods, nonconforming goods, and lost profits as damages. The matter ultimately settled on confidential terms.

Obtained summary judgment on behalf of a local retailer in a lawsuit filed by retailer’s former agent seeking recovery of commissions that agent claimed were not paid pursuant to the terms of written agreement. The matter concerned an interpretation of the agent’s duties and responsibilities under the commission agreement and Texas. The trial court ultimately granted summary judgment on all claims.

Won an arbitration award on behalf of a custom home builder after home builder’s services were terminated and home builder was not paid sums owed under the contract and change orders. The home owner asserted claims relating to alleged defective construction. After a week-long arbitration hearing, the Arbitration Panel awarded our client all damages sought, attorney’s fees, and arbitration costs, and denied all claims asserted by the home owner.

Represented a minority shareholder in a shareholder oppression and breach of fiduciary duty lawsuit alleging that minority shareholder was forced out of his position with the company and was denied his rights as a shareholder. The matter raised unique issues under Texas law concerning duties and obligations between owners of a closely held corporation. The matter ultimately settled for a confidential amount.

Successfully defended a Texas-based drilling rig manufacturer in a lawsuit by a drilling rig purchaser. The purchaser claimed the manufacturer breached a rig construction contract and tortiously interfered with its contract with a drilling operator. The purchaser sought approximately $25 million for the cost of repairing the rig and lost profits. The case settled for a fraction of that amount on the eve of picking a jury.

Pursued claims on behalf of a real estate developer in the Houston Galleria area. The developer was building a 15-story office building next to an apartment complex. The apartment complex complained the tower crane being used to construct the office building was trespassing on the airspace above the complex. The real estate developer filed suit seeking a declaration that the tower crane was not trespassing on the apartment complex’s airspace. Obtained a dismissal of all claims against the client without payment of any damages.

Obtained judgment of more than $9 million on behalf of entrepreneurs related to the sale of their valve company to a New York-based private equity firm. After the sale, the buyer asserted indemnification claims against the entrepreneurs based on pre-sale representations allegedly made by the entrepreneurs. In doing so, the buyer sought to avoid paying the bulk of the purchase price for the entrepreneurs’ company. On competing summary judgment motions, the New York Supreme Court – Commercial Division rejected the buyer’s claims (including claims for fraud, breach of contract, indemnification, and set-off) and granted the entrepreneurs’ affirmative claims for breach of the various promissory notes at issue. The New York Court also awarded attorney’s fees to the entrepreneurs.

Successfully defended a hospital system in a qui tam action alleging Medicare and Medicaid fraud under FCA. Representation included working with DOJ who declined to intervene and then successfully defending the underlying lawsuit against the qui tam Relator.

Settled breach of contract dispute between manufacturer of car products and a purchaser.

Pursuing claims on behalf of a supplier of industrial guar for breach of contract against one of the supplier’s customers.

Obtained an emergency motion for protection on behalf of an expert witness when the opposing party subpoenaed all records and documents by and between the expert witness and the expert witness’ former and present clients. The expert witness was to provide testimony related to the exercise and fitness industry.

Represented a refinery service contractor in a multi-million dollar lawsuit involving claims arising out of the refinery’s refusal to pay for services and counterclaims by the refinery relating to alleged breaches of safety procedures. Within five months of filing lawsuit and shortly after the filing of a pre-discovery, summary judgment motion asserting immediate right to payment, the matter was successfully resolved.

Representing a manufacturer of separation products installed in process units against claims made by a multi-national chemical manufacturing corporation seeking damages exceeding $10 million relating to alleged defects in design of the products and failures of the products installed.

Obtained an emergency motion for protection in federal court on behalf of a non-party where non-party had been subpoenaed to produce voluminous records and communications between the non-party and the non-party’s former and present clients. The emergency relief obtained completely relieved the non-party’s clients from complying with the subpoenas.

Represented the owner of two retail stores in a dispute with an international textile distributor. The textile distributor has claimed a partnership interest in the retail stores and has sued for damages for alleged breach of contract and various business-related torts.

Representing innovative litigation finance platform in dispute pending in state district court that arose between attorney borrowers and lender over on-platform transaction, and in multi-million dollar dispute pending in commercial arbitration with lender over collapsed business relationship.

Pursuing claims on behalf of a Texas-geoscience company against a crime insurance policy carrier. A former employee defrauded the company by stealing more than $2 million worth of iPhones and Blackberries. The carrier denied coverage under a commercial crime policy.

Won summary judgment dismissing a Texas Uniform Fraudulent Transfer Act suit filed against a Texas-based, public accounting and advisory services company in which the plaintiff alleged our client was the wrongful recipient of over $1.8 million worth of client information and company goodwill. Entire case dismissed on summary judgment.

Represented national insurance carrier in multiple negligence cases, each case resulting in a favorable ruling or successful pretrial settlement.

Handled Public Information Act requests for a private university’s police department.

Represented several large corporations and individuals in matters involving various contractual and business tort disputes, including fraud, misrepresentation, breach of fiduciary duty, and breach of contract.

Texas counsel for Houston-based construction company on numerous matters including contract litigation.

Represented a Texas-based energy company in numerous contractual disputes over environmental reporting.

Obtained a defense verdict for a bank and its holding company in a shareholder suit.

Represented an energy company in litigation with foreign governmental entities and companies over contract dispute, tortious interference and breach of fiduciary duty.

Obtained multiple defense verdicts in favor of numerous Texas grocery store chains in actions against the State of Texas for violations of contracts to deliver food services under the Woman Infants and Children’s Program in Texas.