Representative Matters

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

Routinely represented a national bank in many aspects of creditor rights law, including the enforcement of loan documents and collection claims.

Settled a fraud and RICO dispute on behalf of a small gas marketing company in a case brought by the majority owner of a gas trading company. Plaintiff originally sought in excess of $70 million in damages, alleging fraudulent gas trading and financial derivative transactions, but settled on very favorable terms for client prior to trial.

Representation of the developer of a multi-phase, mixed-use, urban infill development in the negotiation of the underlying development services agreement and the negotiation of a long-term lease agreement with a regional grocer as the key tenant for the first phase.

Represented a building materials supplier in a multi-week arbitration trial before the American Arbitration Association involving claims for breach of contract, fraud, and DTPA in which over $10,000,000 in damages was in controversy.

Represented a major oil and gas company in a breach of joint venture claim. The joint venture related to a fractionation facility and the joint venture partner’s failure to properly allocate funds. Two days after the opposing side answered the lawsuit filed on behalf of the client a settlement was reached which gave the client 100% of the relief requested in the petition.

Ongoing representation of local real estate entrepreneurs in formation and capitalization of $30 million pooled investment fund to acquire distressed income producing real properties.

Won a unanimous decision from the Texas Supreme Court on behalf of a major water bottling company in a dispute against land owners concerning the alleged drainage of an aquifer. The trial court granted a summary judgment at the lower court level, rejecting plaintiff’s attempt to obtain an injunction to halt the production of spring water from client’s largest water source.

Successfully defended a major oil and gas company against claims of tortious interference with prospective contractual relations in a case concerning a potential merger transaction. Plaintiff sought damages of approximately $65 million plus exemplary damages. However, after a week of trial plaintiffs settled for less than 5% of that amount with the client not responsible for paying any of the settlement amount.

Majority recapitalization of a monitored security business by a private equity-controlled investor

Represented purchaser of approximately 17.8 acres of land in Harris County for industrial development, which included securing construction financing

Represented developer in connection with construction, development, ground leasing, leasing and management of medical office buildings.

Represented a refinery service contractor in a multi-million dollar lawsuit involving claims arising out of the refinery’s refusal to pay for services and counterclaims by the refinery relating to alleged breaches of safety procedures. Within five months of filing lawsuit and shortly after the filing of a pre-discovery, summary judgment motion asserting immediate right to payment, the matter was successfully resolved.

Represented lead investor in connection with the formation and capitalization of the company

Represented the developer of master-planned communities in the purchase of raw land for residential construction.

Successfully defended a Texas-based drilling rig manufacturer in a lawsuit by a drilling rig purchaser. The purchaser claimed the manufacturer breached a rig construction contract and tortiously interfered with its contract with a drilling operator. The purchaser sought approximately $25 million for the cost of repairing the rig and lost profits. The case settled for a fraction of that amount on the eve of picking a jury.