Representative Matters

Represented a Texas-based trucking business in its sale to a national private equity firm as part of their initial platform acquisition.

Represented developer/purchaser of large acreage tract in Bexar County (San Antonio area) in acquisition and negotiation of development agreements with adjacent owners and San Antonio Water Systems (SAWS) for provision of utility service.

Represented Better Bags, Inc. (a distributor of plastic bags used in the supermarket industry) in the sale of substantially all of its assets to Hercules Poly, Inc.

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 specialty engineering firm in sale-leaseback of headquarters complex and other facilities for $39 million.

Ongoing representation of local real estate entrepreneurs in formation and capitalization of $30 million pooled investment fund to acquire distressed income producing real properties.

Represented an Arizona-based traffic solutions company in connection with $60 million equity raise through sale of preferred stock to major investment banking firm.

Assisted client in drafting and implementation of company policies.

Preparation of restrictive covenants for master-planned mixed-use communities in Dallas-Fort Worth region, including various subordinate restrictive covenants and condominium documentations.

Lead counsel in connection with the sale of the company to HD Supply, a subsidiary of Home Depot.

Represented a client that provides offshore mooring systems for the energy industry in the acquisition of the equity of a provider of anchoring and mooring solutions and its subsidiaries. The complex cross-border transaction involved the acquisition of assets located on and entities domiciled in at least twelve different countries and negotiations of definitive agreements with legal counsel in Norway.

Represented affiliated seller entities in the sale of an industrial waste and environmental services business to a strategic buyer with rollover equity and other purchase price consideration in excess of $50 million through a series of complex transactions.

Represented a Texas-based insurance agency in a sale of its assets to an international brokerage.

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.

Private placement of debt and equity securities for a manufacturer of waste water processing equipment and developer of facilities to convert municipal waste water biosolids into a renewable energy source.

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.