Representative Matters

Represented a Houston-based investment company in formation and capitalization of a fund having raised in excess of $3 million through a private offering under Regulation D of the Securities Act of 1933.

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

Represented several Insurance Agencies in connection with their sale to both strategic and private equity buyers.

Representation of a Texas-based 24-hour emergency medical care company in connection with a private equity investment by Austin Ventures and the development of joint ventures with non-profit hospital systems in San Antonio, Dallas Ft. Worth and Austin, Texas and Denver, Colorado for the development of 20+ micro-hospitals

Represented executive and equipment manufacturer in multi-day injunction trial in state court lawsuit asserting claims for for breach of non-compete agreement and misappropriation of trade secrets.  

Obtained a restraining order and, ultimately, a permanent injunction for copyright and trade dress infringement on behalf of the largest manufacturer of digital game feeder timers. Case brought against client’s former customer who was improperly selling an identical product at an industry trade show.

Represented clients in all types of contested probate, trust and fiduciary litigation through trial, summary judgment, and mediation.

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.

Sale of all general partnership and limited partnership interest in an asphalt, aggregates and construction materials business, transfer of related real property to excluded entities and lease of related real property to a publicly owned purchaser, including negotiation of risk mitigation provisions relating to disputed liquidated damages of the company and other matters that were to be resolved after closing.

Defended two Montgomery-area physicians against claims by their former employer. The former employer, a Conroe-area hospital, alleged the physicians breached a noncompetition and nonsolicitation agreement when they left to work for another hospital. Successfully obtained a summary judgment that the physician noncompetition agreements were not enforceable because they did not contain a clause related to the continuing care of patients with acute illnesses. The case settled soon after the court granted the physicians motion for summary judgment.

Represented developer/purchaser of 100+ acres ($9MM) in Bexar County (San Antonio area) in acquisition and negotiation of development agreements with adjacent owners and San Antonio Water Systems (SAWS) for provision of utility service.

Represented a Houston-based restaurant business in its reorganization and restructuring.

Represented a Midland, Texas-based company in the sale of their minority interest in an international pipeline composite liner manufacturer.

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

Represented the Metropolitan Transit Authority of Harris County, Texas (METRO) in the acquisitions of right-of-ways along light rail routes and in the sale of right-of-ways along the Westpark Tollway corridor to the Fort Bend County Toll Road Authority

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.