Business Litigation Representative Matters

  • Pursuing claims on behalf of a Houston-based drilling company for breach of fiduciary duty against its former attorney. The attorney overcharged for its services by marking up third-party expenses and misrepresenting the work performed in its billing statements.
  • 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.
  • Negotiated disposition of trust funds, and dismissal of all claims asserted in Texas state district court, against out-of-state loan servicing company in connection with dispute over commercial borrower’s assignment of consumer loans pledged as collateral for commercial loan transaction.
  • 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.
  • Developed and presented a legal training curriculum for the purchasing group of a carbon black manufacturer, focusing on “best practices” in procurement and the “must have” provisions for clients’ services agreements, sales agreements, and terms and conditions.
  • Represented commercial lender in lawsuit brought by a borrower relating to an allegedly defective mobile home. The lender was dismissed from the lawsuit after BoyarMiller identified and successfully moved to enforce an indemnity agreement between the lender and the mobile home manufacturer.
  • Developed, on behalf of financial institution, a strategic roadmap for handling borrowers’ requests for information in compliance with the Real Estate Settlement Procedures Act (“RESPA”) and other applicable law.
  • Represented manufacturer of personal protective equipment in a breach of contract dispute with its client, an oilfield services company, over a large amount owed under the parties’ Supplier Agreement. BoyarMiller developed and substantiated an aggressive damages model, managed a successful mediation, and obtained a favorable settlement payment for its client.
  • 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.
  • Representing 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.
  • 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.
  • 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.
  • 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.
  • Represented a global downhole well intervention company in suit filed by drilling company after drilling tools became stuck in well. Drilling company sought damages for recovery expenses, contractual damages and lost revenue based on the allegation that client’s tool malfunctioned and caused the incident. Obtained a favorable settlement in which plaintiff dismissed its suit and client paid no damages.
  • Pursuing claims on behalf of a supplier of industrial guar for breach of contract against one of the supplier’s customers.
  • Settled breach of contract dispute between manufacturer of car products and a purchaser.
  • Successfully defended Houston-based metal building manufacturer against claims for copyright infringement and violations of the Digital Millennium Copyright Act brought by former customer and property owner.
  • Assisted in representing Halliburton Energy Services in the Multidistrict Litigation arising out of the 2010 blowout of BP’s Macondo Well in the Gulf of Mexico. Served as the youngest member of the trial team that tried both cases in the matter.
  • 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 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 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 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 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 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 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 unanimous jury verdict of $1.3 million on behalf of two former partners of an accounting firm based on the accounting firm’s failure to pay amounts owed to the partners following their separation from the firm, including amounts owed to them for the repurchase of their shares of stock in the accounting firm.   The jury also unanimously rejected a counterclaim filed by the accounting firm in which the firm sought more than $750,000 in damages based on alleged breaches of non-compete provisions, confidentiality provisions, and buy-sell provisions of the partners’ employment agreements which would have required the former partners to pay the firm for any clients that left with the former partners.
  • Defended restaurant startup against intellectual property theft and trademark infringement claims brought by former employer management group. The principal members of the new restaurant conglomerate were formally employed by a widely-known regional restaurant chain and were accused of misappropriating popular recipes, as well as their former employer’s trademark, trade dress, and proprietary business techniques.
  • 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 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.
  • Obtained dismissal of copyright infringement suit asserted against Texas-based pre-engineered metal building subcontractor in Florida federal court where plaintiff sought in excess of $1 million in damages and attorneys’ fees. The metal building manufacturer was sued in Florida because the Plaintiff was headquartered there, but the Florida federal court agreed that the metal building subcontractor was not subject to personal jurisdiction in Florida and dismissed it from the lawsuit.
  • Represented major integrated oil and gas company in federal court suit stemming from damage to client’s pipeline in the Gulf of Mexico. Obtained a favorable settlement on behalf of client.
  • 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 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.
  • Assisted in representing a nationally recognized agricultural processor in arbitration proceedings involving breach of contract, breach of warranty, and dealer fraud claims. The spray polyurethane foam roof on the processor’s 700,000-plus square foot storage warehouse failed, causing substantial asset damage. The agricultural processor commenced arbitration and recovered a sizeable award of actual damages and attorneys’ fees.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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 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 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.
  • Defended major telecommunications provider against customer claims for breach of contract, fraud, and violations of the DTPA.
  • Settled partnership dispute—without legal action—over several months of heated negotiations. When client discovered his business partner had been running work through side-businesses, assisted client in terminating the relationship and successfully separating the assets of the entities held by the partners.
  • Pursued claims on behalf of a metal fabrication and assembly services provider for breach of contract. A home automations systems company refused to remit payment on several purchase orders it submitted for component parts, fabricated parts, and labor. Successfully obtained an early settlement for more than $500,000.00.
  • 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.
  • 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.
  • 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.
  • Successfully represented offshore safety compliance company in arbitration stemming from damage to platform sustained in transit from Asia to the Gulf of Mexico.
  • Represented dredging company in suit filed by employee due to injuries sustained while working on a pontoon boat. Obtained dismissal of suit based on forum selection clause in employment contract. Dismissal was then upheld on appeal.
  • Represented major integrated oil and gas company in federal court seeking recovery for extensive damage to offshore oil exploration platform after being struck by a fishing boat in the Gulf of Mexico. Client sought recovery for physical damage to platform and resulting downtime while platform was repaired. Obtained a favorable settlement on behalf of client.
  • Successfully first-chaired a trial in federal court on behalf of international shipping company stemming from crane accident and resulting damage to shipping container at the Port of Houston.
  • 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.
  • Represented transportation and delivery logistics company in lawsuit filed by independent contractor driver for injuries sustained in automobile accident while delivering products. Obtained a favorable settlement on behalf of client.
  • 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.
  • Currently represent Indian supplier of global agricultural products in federal court surrounding dispute over payment for guar products supplied to buyers. Client is seeking in excess of $150 million in damages.
  • Represented refinery services company that sells proprietary products and services to petroleum and chemical refineries globally in a lawsuit against a group of contractors that misappropriated our client’s proprietary products and services. After successfully securing discovery from refineries in foreign countries confirming the facts supporting our client’s claims, the matter settled with our client receiving every dollar of lost sales and effectively ending the former contractors’ attempts to establish a competing company.
  • 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.
  • Successfully obtained Temporary Injunction and Permanent Injunction on behalf of client against former employee. The client was a refinery maintenance contractor who brought suit alleging the former employee breached non-compete and non-solicitation covenants, and the former employee asserted counterclaims for damages arising out of termination of employment. After securing a Temporary Injunction that prohibited the former employee from competing and soliciting clients, the matter ultimately settled with entry of Permanent Injunction and no payment to employee for alleged damages.
  • 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.
  • 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.
  • 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.
  • Won a unanimous arbitration award on behalf of a former senior executive officer and director of a privately held bank with over $1.0 billion in assets. Our client was sued by the bank in state district court for breach of fiduciary duty, misappropriation of trade secrets, and conversion following his resignation from the bank. In the state court proceeding, we successfully dissolved an ex parte restraining order and compelled the lawsuit to arbitration. In the arbitration, the bank sought over $20,000,000 in damages and we asserted counterclaims against the bank for tortious interference with contract and failure to pay wages. After a five day arbitration and significant post-hearing briefing, the three member arbitration panel ruled in favor of our client on all claims and awarded all damages sought pursuant to our counterclaims.
  • After negotiations for a purchase of a client by a potential buyer fell apart, the buyer threatened to use the confidential and proprietary information it obtained during the due diligence phase against that client. Within two weeks of receiving that threat, Lauren negotiated the destruction and/or return of all such information to my client and obtained assurances that it would not be used in the future.
  • Represented major LED designer and manufacturer in dispute with competitor involving claims of misappropriation of trade secrets, patent infringement, and conspiracy.
  • Registered trademarks on behalf of a successful barbeque restaurant, providing advice on how to best and most economically protect the restaurant’s dining, catering, and product brands.
  • On behalf of top banks and mortgage companies, researched and drafted numerous, successful motions for summary judgment disposing of wrongful foreclosure, breach of contract, unfair lending, and deceptive trade practices claims brought by defaulting tenants.
  • Represented private equity fund in dispute with majority shareholder over direction and ownership of subject company, a pipe manufacturer. At outset of representation, potential courses of action included litigation and/or a risky buy-out of the majority shareholder’s stakes. Through active negotiations and constant pressure, Lauren enabled her client to avoid litigation entirely, instead negotiating a purchase and sale agreement resulting in a profitable, $1.2 million payment to her client.
  • Advised oil and gas producer client in connection with dispute about joint operating agreement, resulting in successful appeal before the Texas Fourteenth Court of Appeals. Critical to the success of the case was a well-reasoned interpretation of the AMI (“Area of Mutual Interest”) provision of the parties’ Joint Operating Agreement.
  • When a crude oil production company was threatened with an increased rate in violation of its transportation agreement with a pipeline company, Lauren intervened on its behalf. The pressure she put on the pipeline company, efforts which included seeking injunctive relief restraining the rate hike, triggered a favorable resolution of the dispute. The dispute implicated both Texas contract law and FERC energy regulations.
  • Represented manufacturer of oilfield machinery in lawsuit against major software company, where the manufacturer asserted claims for breach of contract and fraud. The dispute arose out of an unsuccessful SAP implementation and the software company’s breach of the parties’ Statement of Work. Lauren’s involvement began with pleadings and discovery, implicated intensive preparation with both fact and expert witnesses for depositions and trial testimony, continued through an aggressive dispositive motions phase, and culminated in a three-week jury trial. Achieved $29.8 million jury verdict as chair in that trial.
  • Obtained dismissal of an antitrust action in federal court in Arizona.
  • 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.
  • Successfully negotiated resolution of complex, multi-million dollar dispute involving production of steel rig kits for use in offshore jack-up drilling rig application as between overseas steel mill, Houston-based steel fabricator, and offshore drilling systems provider in Mississippi.
  • 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.
  • 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.
  • Won a $2.66 million jury verdict for a former partner of a Houston-based engineering company arising out of a dispute related to a written shareholders’ agreement.  The defendants claimed that our client had made misrepresentations related to his educational qualifications which fraudulently induced the defendants to make our client a shareholder in the company which they otherwise would not have made.  In an 11-1 verdict, the jury found that the defendants breached their contract with their partner and that the conduct of the defendants in their handling of the partnership dispute constituted minority shareholder oppression.
  • Settled a breach of contract dispute between an international asset integrity management company and one of its suppliers.
  • Defended a Department of Transportation safety and compliance consulting company against claims related to the negligent training of a client’s independent contractor driver.
  • Pursued claims on behalf of a Houston area restaurant and wine bar for breach of a contract related to an event held at their facility.
  • 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.
  • Pursued claims on behalf of an Oklahoma-based company that sells and rents frac water transfer equipment. Two former employees solicited the company’s customers and used their resources to start a competing business while still employed by the company.
  • Defended an LTE cellular network provider in a lawsuit by a California-based wireless broadband network component provider in an action for breach of a contract to purchase component parts necessary to build an LTE network in West Texas.
  • 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.
  • 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.
  • 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 owener asserted claims relating to alleged defectrive 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.
  • 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.
  • 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.
  • Represented individuals in disputes arising out of partnership agreements or other corporate entities, including limited liability companies and close corporations.
  • 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 radio personalities in a lawsuit filed against them alleging breach of their affiliation and syndication agreements.
  • Affirmed by the Fifth Circuit in a dispute involving opposing party’s attempt to compel arbitration.
  • 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/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 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.
  • 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 an international supplier of electronic sub-sea equipment against a foreign construction and engineering service support provider. Successfully obtained summary judgment of approximately $225 thousand against the opposing party in actual damages and attorney fees.
  • 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 a client before the Department of Justice in its investigation of alleged violations of the False Claims Act.
  • 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 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 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 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 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.
  • 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.
  • 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.
  • 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 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.
  • 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.
  • 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.