Representative Matters

Represented a Texas-based hospital system in connection with the acquisition, disposition, financing and/or formation of joint ventures constructing, owning and/or operating Acute Care Hospitals; Ambulatory Surgery Centers; Cancer Centers; Imaging Centers; Long-Term Acute Care Hospitals; Medical and Professional Office Buildings; Skilled Nursing Facilities; Wellness Centers.

Represented a software company in development, licensing and management of broadband trading platform software for a commodity trading subsidiary of a Fortune 50 power and pipeline company.

Successfully defended a restaurant group in a lawsuit brought by a former employee claiming sexual harassment based on allegations that manager made sexual advances towards the employee and sent sexually explicit photographs to the employee. The lawsuit centered almost entirely on alleged conduct that occurred outside the workplace during non-working hours and presented unique issues relating to the employer’s affirmative defense under the Faragher/Ellerth line of cases.

Represented a national fiberglass products manufacturer in a variety of transactions, including the strategic acquisition of a Montana-based fiberglass products manufacturer and related acquisition financing and the later corporate reorganization and capital infusion by a private equity group.

Won an arbitration award on behalf of two senior level employees of a manufacturing facility against their former employer due to the former employer’s failure to make profit sharing and bonus payments under two separate agreements. Counterclaims were asserted against our client. After a five day arbitration, the arbitration panel ruled in favor of our clients and awarded our clients all of the damages sought and attorneys’ fees.

Represented the owners of Kingsley Constructors, Inc. (“Kingsley”) in the sale of all of the stock of Kingsley to MasTec.

On behalf of a major Texas-based insurance agency, drafted a successful brief in support of a temporary injunction. The court granted the injunction and prohibited the former employee from using confidential information the employee had removed from the agency’s computer system to operate a competing business.

Representation of a startup developer/operator of acute care micro-hospitals throughout the Midwest in connection with: •Initial organization •Two series of friends and family fundraising •The negotiation of several hospital system joint ventures •A private equity investment by a Dallas-based private equity firm •Bank credit facility •The formation of physician staffing company subsidiary •The formation of billing and collections subsidiary •Acquisition and development of real estate •Employment and HR matters

Successfully defended both a no-evidence and a traditional motion for summary judgment moving to dismiss all claims filed by a mixed-use real estate developer against its former joint-venture partner.

Represented a Houston-based engineering and construction firm in the purchase of a welding and specialty machining business serving the oil and gas industry.

Represented an international scaffolding and staging supplier in its sale to a Dallas-based private equity firm.

Represented the purchaser of an approximately 55,000 square foot, single-tenant facility located within the Tuscany Technology Center, a 600,000 square-foot multi-building office and industrial park development in northeast Austin, Texas.

Defended clients operating a start-up oil field services company in a lawsuit brought by an established competitor alleging claims against our clients for misappropriation of trade secrets, breach fiduciary duty, and conspiracy and seeking to completely shut down our clients’ business. After a six day temporary injunction trial, the lawsuit settled on terms that allowed our clients to continue their business in competition with former employer.

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.

Represented office, multifamily, industrial, office/service, land development and hospitality borrowers in conventional financing and refinancing of properties in loan transactions ranging from under US $1 million to over US $50 million, including construction loans, interim or mini-perm financing and permanent loans.

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.