Representative Matters

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.

Sale of all general partnership and limited partnership interest in an asphalt, aggregates and construction materials business, transfer of related real property to excluded entities and lease of related real property to a publicly owned purchaser, including negotiation of risk mitigation provisions relating to disputed liquidated damages of the company and other matters that were to be resolved after closing.

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.

Represented a Texas based environmental and industrial waste services business in the $51,000,000 sale to a strategic private equity backed buyer, along with the negotiation of the post-closing rollover equity and founder compensation package.

Sale of a controlling interest in a utility construction and maintenance business to a public company in exchange for cash, notes and stock, negotiation of multiple post-closing amendments relating to purchase price adjustments and extension of payment terms, and resolution of post-closing disputes relating to payment of notes and restrictions on and value of stock issued in the transaction.

Ongoing representation of a computer network management and consulting and telecommunications company in connection with strategy to build a shared telecommunications superstructure for smaller rural telecommunications companies to compete with the majors in delivering 4G wireless telecommunications services to customers.

Represented a Houston-based fuel distributor in connection with its majority ownership recapitalization.

Represented a National Drug Testing & DOT transportation compliance company in an aggressive acquisition (30) strategy to quickly increase its overall market share of the workplace safety solution and third-party administrator business in North America.

Successfully defended a manufacturer in a lawsuit brought by former employee claiming sexual harassment, hostile work environment and negligent hiring based on allegations that former employee’s supervisor made sexually explicit comments to her. The former employee’s claim of negligent hiring was premised on the allegation that the employer hired the supervisor who had a criminal record. The lawsuit raised novel issues relating to the exclusivity provision of the Texas Workers Compensation Act.

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.

Serves as outside general counsel for a privately held MedTech company

Representation of Management in the purchase of certain real estate and the outstanding equity interests in an injection molding and precision machining business from a private equity owner.

Represents a privately owned hospital group in various business disputes and employment matters.

Represented private company in connection with acquisition of multiple parcels of developed and improved land (including an automotive repair and salvage yard site) in the vicinity of a Rail corridor located in the City of Houston, Harris County, Texas for expansion of light industrial and office headquarters, and resolve related title and survey issues and identify environmental concerns regarding same to accommodate the planning and re-development of acquired sites.

Successfully obtained voluntary dismissal with prejudice where plaintiffs dismissed all claims against clients (while all other parties remained in the case) after filing a motion for summary judgment defending a lawsuit for tortious interference, aiding and abetting torts, breach of fiduciary duty, misappropriation, and unfair competition on behalf of two startup companies

Represented a provider of VoIP voice and data services in the merger with a value-added retailer of VoIP services in another market.