Representative Matters

Represented an online learning management company in connection with the merger with a sales training software company.

Sale of substantially all of the assets of a company engaged in the business of placing and servicing insurance products and related services

Successfully obtained injunction on behalf of client against former employee. The client was a refinery maintenance contractor who brought suit alleging the former employee breached non-compete and non-solicitation covenants, and the former employee asserted counterclaims for damages arising out of termination of employment. After securing a Temporary Injunction that prohibited the former employee from competing and soliciting clients, the matter ultimately settled with entry of Permanent Injunction and no payment to employee for alleged damages.

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

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

Purchase of a 430,000 barrel storage facility and terminal and approximately 220 acres of undeveloped real property for future development, including negotiation of a pollution indemnity, joint services agreement and agreement to provide transitional services.

Represented client in creating a co-development arrangement for developing land in McKinney, Texas

Won an arbitration award on behalf of a custom home builder against its customer for breaching the construction contract and wrongfully withholding draw payments. After a week-long arbitration hearing, the client was awarded its past due draws, attorney’s fees and arbitration costs.

Negotiation of Chapter 380 and development and reimbursement agreements with various utility districts and private water and wastewater service providers.

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 client in connection acquisition of large acreage and sale of same to commercial developer for lease by anchor grocery tenant, and additional sale of commercial pad sites and acreage for development of a residential subdivision to homebuilder partnership. The transaction included the negotiation and drafting of access easements and of development agreements to ensure appropriate allocation of costs and responsibilities for completion of regional roadway, utility and drainage facilities serving the commercial outparcels and residential subdivision to be developed, and the client’s retained land to be developed for commercial uses. The subject property covers jurisdictions of two different municipalities (Conroe and Willis) and two separate in city municipal utility districts contributing to the water, wastewater, drainage and roadway facilities and improvements serving the intended development. In this regard, the transaction also included financing and development agreements with MUDs in the formed for two municipalities.

Represented client in $40 million commercial real estate transaction, including the structuring of the transaction from development stages and financing through completion

Represented client in acquisition of 17 acres in downtown Houston for $13 million

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.

Lead counsel in connection with the entity formation, capital formation and organization of multiple private equity fund-to-funds

Sale of substantially all of the assets, inventory and real property of a used commercial vehicle business for cash and a secured promissory note.