Representative Matters

Represented a Houston-based investment company in formation and capitalization of a fund having raised in excess of $3 million through a private offering under Regulation D of the Securities Act of 1933.

Preparation of condominium declaration and related governance documents for mixed-use condominium project in the City of Houston, Texas.

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.

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.

Sale of 85% of the equity in a professional employer, payroll processing and administrative services organization. 

Represented executive and equipment manufacturer in multi-day injunction trial in state court lawsuit asserting claims for for breach of non-compete agreement and misappropriation of trade secrets.  

Private placement of debt and equity securities to provide growth capital for a manufacturer of waste water processing equipment and developer of waste to energy processing facilities.

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.

Represented several entities in connection with their conversions and migratory mergers from California to Texas, and from various other states to Texas

Representation of a minority owner in a coil steel jobber in connection with the sale of the minority interest to the majority interest ownerr

Represented supplier of oilfield steel for use in the oil and gas industry in a lawsuit brought by a competitor alleging a former employee provided our client (his new employer) with confidential customer lists, vendor contact information and sales data owned by his former employer.

Represented non-profit for the development of park, open space and community facilities within the City of Houston, including construction manager at risk agreements, contractor agreements and architects agreements using AIA Contract forms and other negotiated forms, and negotiation of agreements with governmental entities related to such developments.

Expansion of a cloud-based voice, internet and unified communication services provider through multiple acquisitions of regional VoIP service providers, including negotiation and simultaneous closing of an amended credit agreement to provide financing for the transactions, negotiation of buyout and freeze out transactions relating to minority interests in subsidiaries and satisfaction of outstanding warrants, and utilization of representations and warranty insurance to mitigate post transaction risk and provide added security for loan.

Successfully represented real estate investor in its claims for breach of contract, breach of fiduciary duty, fraud, and fraud by nondisclosure

Preparation of condominium declaration and related governance documents for mixed-use condominium project in the City of Houston, Texas.

Successfully represented a development company in an arbitration proceeding to remove a $500,000 mechanic’s lien recorded by a contractor against the property.