Representative Matters

Represented the members of a business that developed innovative and proprietary offshore exploration technology in the divesture of the Company’s intellectual property to a supermajor oil company.

Represent national homebuilders in the negotiation and drafting of documents for the acquisition and development of undeveloped acreage and developed lots for master planned communities in the Houston, Dallas-Fort Worth, Austin and San Antonio market areas, including drafting and negotiation of contracts, easements, development and financing agreements, escrow and cost-sharing agreements for regional improvements between owners, and subdivision restrictions and property owners association formation.

Codevelopment and operation of a powered generation facility by an industrial client and independent power producer using steam generated by emissions control equipment

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

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

Obtained a temporary restraining order enjoining two former employees from doing business under a substantially similar business name as that of their former employer as well as from using their former employer’s confidential information. Two defecting, former employees formed a competing company selling power-generation equipment to both commercial and industrial clients. Prior to filing suit, conducted an electronic, forensic review of the former employees computers, and discovered evidence of theft of confidential information. This evidence was subsequently used at the emergency hearing. The case was successfully settled within a month of obtaining the emergency relief.

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.

Defended two Conroe-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 started their own family practice. The hospital also claimed the physicians breached fiduciary duties of loyalty by unfairly competing with the hospital. The trial court denied the hospital’s request for a temporary injunction, allowing the physicians to continue serving their patients and the Conroe area. The case settled soon after the denial of the temporary injunction.

Represented a refinery service contractor in a breach of contract matter arising out of allegations that equipment manufacturer failed to deliver equipment in a timely manner and delivered equipment that did not conform to the requirements of the agreement. This matter centered on the interpretation of Article 2 of the Uniform Commercial Code dealing with delivery of goods, nonconforming goods, and lost profits as damages. The matter ultimately settled on confidential terms.

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.

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

Represented a safety and compliance consulting company in high-exposure automobile death case filed by estate of decedent against multiple involved parties. Obtained a dismissal of the client from the lawsuit without payment of any damages.

Represented the Seller in the $6.2M sale of a point-of-sale and other restaurant and entertainment technology service business to a strategic buyer.

Represented the seller of a pair of Class A office buildings with approximately 200,000 total square feet to a national real estate investment fund.

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 the existing entity in an equity investment and reorganization in conjunction with a $20,000,000 loan commitment from a private equity investor into a business specializing in the purchase, sale and rent-to-own of residential storage buildings, carports, gazebos and other manufactured structures.