Business Litigation

Representative transactions

• Successfully defended a former officer and director against claims of fraud, mismanagement 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.
• Won a jury verdict for a world renowned artist from Croatia. The Plaintiff sued our client in Texas state court seeking the return of a 48-foot motor yacht. Plaintiff paid for the initial construction cost of the yacht while the artist paid the cost to complete the yacht. In the lawsuit, Plaintiff tried to recover the funds spent on the initial construction or have full title to the yacht transferred to him. Plaintiff contended that the artist initially agreed to repay him for all funds spent on the yacht and later agreed to transfer fulll title when he did not have sufficient funds to repay. In less than 30 minutes, a unanimous jury found that no such agreements existed.
• Represented an international supplier of electronic subsea equipment against a foreign construction and engineering service support provider. Successfully obtained summary judgment of approximately $225,000 against the opposing party in actual damages and attorney fees.
• Won a 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. A unanimous jury rendered a verdict in favor of our client finding that the designer breached their agreement.
• Won a jury verdict for an owner of a hotel against a large group customer who cancelled 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. A unanimous jury rendered a verdict in favor of the client finding that the customer breached the contracts.
• 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.
• Representation of minority shareholder of closely held corporation in lawsuit alleging shareholder oppression and breach of fiduciary duty by majority shareholder.
• Obtained a take nothing arbitration award against a plaintiff who brought a breach of contract action against a company specializing in investment training for the stock index futures market.
• Represented manufacturer employer in EEOC investigation relating to claim of sexual harassment.
• Won a summary judgment on behalf of a software utilities and management company and its chief executive officer on a breach of contract claim filed by two of the company's former employees. The former employees claimed they were owed over $350,000 based on an amendment to an original purchase agreement regarding the sale of a software program. Summary judgment was awarded when it was shown that the amendment lacked material terms and was unenforceable as a matter of law. Following summary judgment, the former employees settled their remaining claims on very favorable terms for our clients.
• 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 party answered the lawsuit filed on behalf of the client, a settlement was reached that gave the client 100% of the relief requested in the petition.
• 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 world-renowned artist in an arbitration proceeding against a former business partner. The opposing side sought to enforce certain contracts against the artist claiming he failed to honor certain obligations. In fact, the contracts were followed by the artist. Moreover, the contracts provided the opposing side a remedy short of litigation if certain obligations were not met. When discovery uncovered the opposing side's tax treatment of the transactions with the artist, a settlement was quickly reached.
• Defense of a lawsuit alleging trade secret misappropriation and other claims against a foreign oil and gas company. Secured complete dismissal of all claims after successful results on motions for summary judgment and to compel.
• Successful representation of United States marine and subsea equipment rental and sales company in suit to recover amounts owed by international entity in which case was adjudicated on summary judgment grounds.
• 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 counter-claims to recover the missing funds. Ultimately, the minority shareholder non-suited his claims and agreed to repay the company.
• Successfully defended a nationwide manufacturer in a lawsuit brought under the Texas Deceptive Trade Practices Act in Galveston County, Texas. After a two-day trial, the jury rendered a unanimous defense verdict in favor of the firm's client in less than 15 minutes. 
• Represented the purchaser of refinery services equipment in breach of contract matter arising out of the failure to timely deliver the purchased equipment.
• Successful representation of international company in breach of contract action against United States entity in which international company recovered more than $1.5 million despite claim for offset by United States company in excess of the amounts sought by international company.
• Successful representation of equipment broker/dealer in defense of claims based on alter ego and single enterprise theories.
• Representation of retail energy provider against claims of negligence relating to the maintenance of power lines and transformers.
• Representation of air conditioning services provider in claims of misappropriation of trade secrets and violation of non-disclosure and confidentiality agreements by former employees and for breach of trademark licensing agreement.
• Representation of shareholder, director and officer of closely held corporation in dispute over management of the corporation and unfounded allegations of breach of fiduciary duty and shareholder oppression.
• Representation of minority shareholder of closely held corporation in lawsuit alleging violation of fiduciary duties by corporation's management.
• Representation of international distribution company against claims for breach of distributor agreement, including successfully compelling the case to arbitration.
• Representation of factoring company in claims for breach of contract and fraud against construction company for intentionally misstating amounts owed pursuant to construction contracts and subcontracts and failing to pay subcontractors.
• Representation of heavy equipment broker/dealer in claims for breach of contract and tortuous interference with contract resulting from attempted purchase of heavy equipment and refusal of seller to complete the transaction due to the interference of a third party broker.
• 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.
• Defended a seismic data processing company in a case brought by its largest competitor against claims that the company had misappropriated intellectual property contained in the competitor's processing software programs. After a three-week trial, the jury found for the company and against the competitor on all claims.
• Defeated injunction request of holder of preferential purchase right seeking to halt initial public offering of client's subsidiary and obtained a dismissal in subsequent arbitration of a $300 million damage claim.
• Conducted two internal investigations for information technology company. The first resulted from FBI inquiry related to infiltration of company by members of Russian mafia, who were allegedly extorting money from Russian émigré employees. Worked with management to relocate informant, to terminate members of mafia and to recover pilfered goods. The second uncovered a $2 million embezzlement scheme connected to sale of software licenses. Litigation resulted in favorable settlements, enabling company to recover embezzled funds.
• Successfully defended rural bank in suit brought by Navy captain and his family, falsely alleging that bank had foreclosed on all of family's farm equipment while captain was serving overseas during Desert Storm. Obtained opinion from court validating bank's position that it had not participated in sale of equipment and finding that equipment had instead been sold by captain's neighbor in accordance with captain's instructions. Obtained affirmance on appeal.
• Represented long distance reseller, having approximately 2,000 shareholders, in investigation by SEC arising from reseller's failure to register securities. Persuaded SEC to accept offer of settlement, resulting in order against company and two officers to cease and desist from future violations of securities laws, but not ordering any monetary fines or other sanctions.
• Defended cooperative buy-out by industrial firms of residences of homeowners living over a salt dome used for storage of petroleum products. Although homeowners desired to be relocated because of safety concerns, they challenged price paid to them by industry defendants. Court rendered summary judgment on plaintiffs' antitrust claims before trial. During jury trial, made successful motion to exclude economic testimony of plaintiffs' economist, resulting in directed verdict on plaintiffs' economic coercion claims. Obtained affirmance in Fifth Circuit on homeowners' appeal of summary judgment.