Representative Matters

Won a unanimous jury verdict for an owner of a hotel against a large group customer who canceled a series of contracts claiming the hotel’s service has diminished. The customer preemptively sued the client. Counter-claims were filed on behalf of the client and, at trial, the customer’s claims were dismissed via directed verdict. The jury rendered a verdict in favor of the client finding that the customer breached the contracts.

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

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.

Won an arbitration award on behalf of a custom home builder after home builder’s services were terminated and home builder was not paid sums owed under the contract and change orders. The home owner asserted claims relating to alleged defective construction. After a week-long arbitration hearing, the Arbitration Panel awarded our client all damages sought, attorney’s fees, and arbitration costs, and denied all claims asserted by the home owner.

Serves as outside general counsel for a privately held pool and water maintenance service provider serving the gulf coast

Represented the buyer in the purchase of several tracts of land in Polk County, Texas. Responsible for the review of due diligence materials and surveys, drafting of corporate consents, closing statement and other closing documents, and handling the closing.

Represented a manufacturer of frac and mud pumps utilized in the oilfield in breach of contract and fraudulent inducement action against company providing engineering and design support of equipment. Obtained a favorable settlement on behalf of client.

Represented a Texas-based waste management company in connection with its sale to a private equity backed buyer.

Representation of the founder and owner 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 a dentist and her practice against claims by another dentistry practice for tortious interference. The plaintiff alleged the defendant tortiously interfered with a noncompetition agreement it had with another local dentist by conspiring to solicit patients in violation of the agreement. Successfully obtained an early dismissal in exchange for a nominal settlement payment.

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.

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 Core International, LLC, a Houston-based manufacturer and supplier of highly engineered rubber components and supply chain solutions, and its shareholders in a majority recapitalization by Rock Hill Capital Group.

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.

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

Represented a Houston-based medical transcription business in the sale of the business to a strategic purchaser located in Atlanta, Georgia