Representative Matters

Represented client in the acquisition of 46 acres in Katy for $13.8 million.

Represented developer in drafting of subdivision restrictions and related property owner association governance documents for mixed-use project in Frisco, Texas.

Won summary judgment dismissing a Texas Uniform Fraudulent Transfer Act suit filed against a Texas-based, public accounting and advisory services company in which the plaintiff alleged our client was the wrongful recipient of over $1.8 million worth of client information and company goodwill. Entire case dismissed on summary judgment.

Won a unanimous jury verdict of $1.3 million on behalf of two former partners of an accounting firm based on the accounting firm’s failure to pay amounts owed to the partners following their separation from the firm, including amounts owed to them for the repurchase of their shares of stock in the accounting firm.   The jury also unanimously rejected a counterclaim filed by the accounting firm in which the firm sought more than $750,000 in damages based on alleged breaches of non-compete provisions, confidentiality provisions, and buy-sell provisions of the partner’s employment agreements which would have required the former partners to pay the firm for any clients that left with the former partners.

Represented a former Enron executive in a preference action brought by the bankruptcy trustee. The trustee brought suit to recover a severance payment received just prior to the bankruptcy filing. The client also had claims against Enron and a non-bankrupt subsidiary. After discovery and substantive briefing before the Enron bankruptcy judge, a settlement was reached with the client agreeing to pay less than 18% of the amount the trustee was originally seeking to recover.

Represented specialty engineering firm in sale-leaseback of headquarters complex and other facilities for $39 million.

Represented foreign corporations in connection with their global expansion into the United States and start-up of US based subsidiaries.

Representation of the founders and owners of a steel processing facility in the sale of substantially all of the assets of the business and lease of the related real property to a national steel distribution company.

Sale of a controlling interest in a utility construction and maintenance business to a public company in exchange for cash, notes and stock, negotiation of multiple post-closing amendments relating to purchase price adjustments and extension of payment terms, and resolution of post-closing disputes relating to payment of notes and restrictions on and value of stock issued in the transaction.

Representation of investors in the acquisition of a distributor of drilling and completion fluids with operations in Texas, Louisiana, Oklahoma, Pennsylvania and West Virginia.

Represented a Texas-based mezzanine financing fund in the corporate restructuring of its portfolio company which included amended senior and subordinated debt facilities and the purchase and financing of mobile servicing oil rigs.

Represented a residential real estate company in a proceeding brought by a former employee claiming disability discrimination after the employee was terminated for being absent from work for a number of days in excess of the company’s stated policy. The matter tested the interplay between the employer’s absence control policy and the reasonable accommodation requirements of the ADA and leave requirements under the FMLA.

Represented the borrower in a $38,000,000 senior term loan and a revolving loan not to exceed $7,000,000 to a company that provides products relating to the exploration and refining of oil, including traveling blocks, rotary tables, swivel joints and pressure gauges.

Representation of a buyer in the acquisition of a kayak and recreational supply business.

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 several large corporate fiduciaries in their respective roles as trustees, executors, and administrators of estates in both contested lawsuits and administrative matters related to wills, trusts, and estates.