Representative Matters

Represented a Norwegian-based electric submersible pump designer and manufacturer in connection with a substantial investment in such company by a Houston based private equity firm for the expansion of the business into the United States.

Obtained preliminary injunction prohibiting defendant from infringing on client’s trade dress and using client’s trade secrets in breach of contract, misappropriation of trade secrets and intellectual property infringement case pending in Federal Court

Majority recapitalization of a monitored security business by a private equity-controlled investor

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

Represented the lender in the negotiation and financing of a Cessna 500

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.

Represented client in connection with the sale of approximately 262 acres to a residential subdivision developer. 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 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 City of Willis and the City of Conroe.

Represented a collision repair business in its sale to a national private equity firm as part of their initial platform acquisition.

Successfully negotiated seven-figure settlement in construction dispute in favor of clients

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.

Lead outside counsel for real estate and private equity investments for a large single-family office

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.

Representation of investors in the acquisition of a distributor of drilling and completion fluids with operations in Texas, Louisiana, Oklahoma, Pennsylvania and West Virginia.

Represented Houston based construction company in its $8 million finance transaction with Woodforest Bank

Represented of national home builder in the acquisition of an approximately acreage 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.

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.