Representative Matters

Represented a development company and successfully obtained a summary judgment on liability and an award of specific performance related to the breach of a real estate contract.

Represented several individuals in the negotiation of fractional ownership and “jet-card” agreements

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.

Won a summary judgment on behalf of an oil-field services company who was sued for allegedly misappropriating trade secrets from a competitor. When the client hired away the opposing side’s salesman it sued. Summary judgment was awarded when it was shown that the opposing side did not have a valid trade secret as a matter of law.

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.

Represented refinery services company that sells proprietary products and services to petroleum and chemical refineries globally in a lawsuit against a group of contractors that misappropriated our client’s proprietary products and services. After successfully securing discovery from refineries in foreign countries confirming the facts supporting our client’s claims, the matter settled with our client receiving every dollar of lost sales and effectively ending the former contractor’s attempts to establish a competing company.

Represented a $25 million private equity fund, having as its primary investment focus investments in low budget film productions, in connection with the fund’s formation, capitalization and investments.

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

Represented the owner of two retail stores in a dispute with an international textile distributor. The textile distributor has claimed a partnership interest in the retail stores and has sued for damages for alleged breach of contract and various business-related torts.

Represented a start-up hydrocarbon remediation company in connection with its formation, capitalization and international legal structuring for the purpose of international commercialization of new remediation Technology.

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

Represented Midway in a collaborative partnership with Texas A&M University, among others, in connection with the financing, development and pre-leasing of phase one of an approximately 60 acre multi-phase mixed-use project in College Station, Texas known as Century Square, which, once complete, will include two full-service hotels, office, retail, restaurants, entertainment, loft apartments and more.

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.

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

Represented purchaser of fully-leased retail center in southeast Houston