Representative Matters

Representation of management in connection with the sale of an integrated manufacturer of oil field equipment, compressors and other engine driven equipment and distributor of diesel engines and spare parts to a strategic purchaser.

Successfully settled a theft of trade secrets case in which a former employee downloaded the entire contents of his former employer’s cloud-based information system to several different electronic devices just prior to giving notice of his resignation. In this dispute, former employee left a geosynthetic lining company to work for a competitor performing a substantially similar role in the same geographic region. Obtained a temporary restraining order and temporary injunction enjoining the former employee from using any of his former employer’s confidential information while working at the competitor. Through the pendency of the suit, conducted an electronic forensic review of the former employee’s electronic devices and cloud-based storage systems discovering evidence of spoliation. After a spoliation motion was filed, the matter was successfully resolved.

Codevelopment and operation of a powered generation facility by an industrial client and independent power producer using steam generated by emissions control equipment

Represented the existing entity in an equity investment and reorganization in conjunction with a $20,000,000 loan commitment from a private equity investor into a business specializing in the purchase, sale and rent-to-own of residential storage buildings, carports, gazebos and other manufactured structures.

Represented a Houston-based telecommunications company in connection with its acquisition of 219 telecommunications stores.

Representation of a Texas-based 24-hour emergency medical care company in connection with a private equity investment by Austin Ventures and the development of joint ventures with non-profit hospital systems in San Antonio, Dallas Ft. Worth and Austin, Texas and Denver, Colorado for the development of 20+ micro-hospitals

Represented a Houston-based real estate industrial acquisition and development company in connection with various build-to-suit industrial developments nationwide, including acquisition, disposition and capital formation.

Represented several large corporate fiduciaries in their respective roles as trustees, executors, and administrators of estates in both contested lawsuits and administrative matters related to wills, trusts, and estates.

Restructure of corporate documents and private placement of subordinated notes and warrants in connection with bridge financing for a manufacturer of access control equipment

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.

Lead counsel for Blackline Partner in connection with the formation of a joint venture with Artemis Real Estate to develop the Blackline Cold Storage facility

Acquisition of the assets of a regional oil and gas collection and transportation system.

Represented client in connection acquisition of large acreage and sale of same to commercial developer for lease by anchor grocery tenant, and additional sale of commercial pad sites and acreage for development of a residential subdivision to homebuilder partnership. The transaction included the negotiation and drafting of access easements and of development agreements to ensure appropriate allocation of costs and responsibilities for completion of regional roadway, utility and drainage facilities serving the commercial outparcels and residential subdivision to be developed, and the client’s retained land to be developed for commercial uses. The subject property covers jurisdictions of two different municipalities (Conroe and Willis) and two separate in city municipal utility districts contributing to the water, wastewater, drainage and roadway facilities and improvements serving the intended development. In this regard, the transaction also included financing and development agreements with MUDs in the formed for two municipalities.

Successfully represented mixed-use real estate developer in claims for breach of contract, breach of warranty and construction defect against its former general contractor involving substantial water infiltration in two luxury apartment buildings.

Restructure and capitalization of a direct to consumer supplier of beef, poultry and sea food using a combination of new equity and warrant supported debt.

Represented a national home builder in the acquisition of an approximately 80-acre tract of land in Harris County for development as a residential subdivision community, and negotiation of associated conveyance documents, land bank documents, development agreements with adjacent land developer, and financing and reimbursement agreements with the Municipal Utility District.