Representative Matters

Representation of the founders and owners of a steel processing facility in the sale of substantially all of the assets of the business and lease of the related real property to a national steel distribution company.

Represented client in capital raise and financing related to the acquisition of a multi-tenant industrial property for $9 million.

Represented a Houston-based real estate development company in formation and capitalization of three investment funds having raised in excess of $25 million though private offerings under Regulation D of the Securities Act of 1933.

Won summary judgment dismissing a Texas Uniform Fraudulent Transfer Act suit filed against a Texas-based, public accounting and advisory services company in which the plaintiff alleged our client was the wrongful recipient of over $1.8 million worth of client information and company goodwill. Entire case dismissed on summary judgment.

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.

Represented national wholesaler of products and services for the multi-family apartment industry in it’s multi-year serial acquisition and expansion strategy, ultimately leading to the acquisition of the Company by a multi-national publicly traded company.

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 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.

Defended two Montgomery-area physicians against claims by their former employer. The former employer, a Conroe-area hospital, alleged the physicians breached a noncompetition and nonsolicitation agreement when they left to work for another hospital. Successfully obtained a summary judgment that the physician noncompetition agreements were not enforceable because they did not contain a clause related to the continuing care of patients with acute illnesses. The case settled soon after the court granted the physicians motion for summary judgment.

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

Represented Managed Pressure Operations, a developer of next generation technology for offshore managed pressure drilling systems for the oil and gas industry with subsidiaries in Houston, Singapore, Jakarta and Dubai, in the reorganization of its capital structure, including a $15 million capital infusion by a private equity group and its later acquisition by an affiliate of Aker Solutions.

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.

Obtained a temporary restraining order enjoining two former employees from doing business under a substantially similar business name as that of their former employer as well as from using their former employer’s confidential information. Two defecting, former employees formed a competing company selling power-generation equipment to both commercial and industrial clients. Prior to filing suit, conducted an electronic, forensic review of the former employees computers, and discovered evidence of theft of confidential information. This evidence was subsequently used at the emergency hearing. The case was successfully settled within a month of obtaining the emergency relief.

Represented an energy resilience solution provider that designs, manufactures, installs, monitors and services microgrid systems with a sizable capital raise from a strategic partner to conduct the first 100+ projects.

Represented executive bankers in state court lawsuit asserting claims for violations of non-competition agreement and breach of fiduciary duty and related week-long arbitration before the American Arbitration Association in which over $15,000,000 in damages was in controversy.

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.