Representative Matters

Represented a Houston-based hospitality business in its post-probate entity reorganization and restructuring.

Represented a national retailer in connection with a $280 million credit facility secured by borrower-owned locations.

Representation of the minority owners and operators of a multi-location fast casual food franchise in the transfer of majority ownership from one private equity owner to another private equity owner and the restructure of operating lines of credit.

Won a bench trial for a manufacturing company against a national accountant placement agency. The client sued when it discovered that the controller it hired from the agency had a criminal record relating to theft by hot check. The agency refused to refund the placement fee. The verdict included a violation of the Texas Deceptive Trade Practices Act resulting in the client receiving a doubling of its damages and the recovery of attorney’s fees.

After a four-day trial, obtained a jury verdict for Environmental Earth-Wise, Inc. awarding actual damages of $300,000 and recovery of $200,000 in attorneys’ fees and expenses arising from emergency environmental response and remediation services., while also obtaining a take-nothing verdict on the defendant’s counterclaims.

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 national fiberglass products manufacturer in a variety of transactions, including the strategic acquisition of a Montana-based fiberglass products manufacturer and related acquisition financing and the later corporate reorganization and capital infusion by a private equity group.

Prepared and revised proprietary forms for clients for the leasing and acquisition of real property, as well as construction and construction-related services.

Represent homebuilders and developers in planning and drafting subdivision restrictions and related property owners association documents for master planned communities, including residential, commercial, multi-family and mixed-use components.

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 Midway in the financing and development of office, retail and multifamly projects related to the revitalization of Levy Park in the Upper Kirby area of Houston.

Represented company asserting claims against former CEO and majority shareholder for breaches of fiduciary duties, fraud, and breach of contract.

Represented the City in acquisition of two properties in fee simple: (i) an approximately 7.62 acres tract and (ii) an approximately 195 acre tract, and in the acquisition of two conservation easements: (a) a 6.05 acre tract and (b) a 490 acre tract. The firm is currently representing the City in negotiating two additional conservation easements for a 90 acre property and a 201 acre property.

Represented the purchaser of an Eclipse EA-500 jet aircraft for $850,000.

Representing Houston-based real estate developer in Texas state court action involving claims for breach of contract and declaratory judgment related to a retail anchor-tenant’s breach of its lease and the resulting delay in funding and construction of a sizeable mixed-use commercial retail development.

Represented a nonprofit hospital system in the sale of two multi-building hospital facilities and related medical office buildings in the Rio Grande Valley.