Representative Matters

Won an arbitration award on behalf of two senior level employees of a manufacturing facility against their former employer due to the former employer’s failure to make profit sharing and bonus payments under two separate agreements. Counterclaims were asserted against our client. After a five day arbitration, the arbitration panel ruled in favor of our clients and awarded our clients all of the damages sought and attorneys fees.

Represented a development company and successfully obtained a summary judgment on liability and an award of specific performance related to the breach of a real estate contract.

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 the purchaser of an approximately 55,000 square foot, single-tenant facility located within the Tuscany Technology Center, a 600,000 square-foot multi-building office and industrial park development in northeast Austin, Texas.

Represented insurance agency and insurance executive in state court lawsuit asserting claims for malicious prosecution in excess of $5,000,000.

Represented the owners of a regional industrial recycling center in the sale of the Company to a strategic buyer.

Successfully defended a benefits plan administrator against ERISA claims brought by a plaintiff seeking to recover benefits under group life insurance policy. Certain claims against the client were dismissed through a Rule 12(b)(6) motion and the remaining claims were dismissed via summary judgment.

Represented a national fiberglass products manufacturer in a variety of transactions, including the strategic acquisition of a Montana-based fiberglass products manufacturer and related acquisition financing and the later corporate reorganization and capital infusion by a private equity group.

Represented the developer of master-planned communities in the sale of retail parcels to a national retail developer.

Ongoing representation of a Mauritius based company in connection with its international expansion strategy for distribution of specialized software for oil and gas well analysis.

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 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.

Drafted and argued successful 12(b)(2) and (5) motion to dismiss for res judicata/collateral estoppel, lack of personal jurisdiction, and insufficient service of process and motion to dismiss for forum non conveniens

Obtained judgment of more than $9 million on behalf of entrepreneurs related to the sale of valve company to a New York-based private equity firm. After the sale, the buyer asserted indemnification claims against the entrepreneurs based on alleged pre-sale representations by which the buyer sought to avoid paying the bulk of the company purchase price. On competing summary judgment motions, the New York Supreme Court – Commercial Division rejected the buyer’s claims (including claims for fraud, breach of contract, indemnification, and set-off) and granted the entrepreneurs’ affirmative claims for breach of the various promissory notes at issue. The New York Court also awarded attorney’s fees to the entrepreneurs.

Transfer of ownership interests in multiple related entities and jointly owned ventures relating to various lines of business in settlement of disputes between the business’s owners.

Preparation of condominium declaration and related governance documents for mixed-use condominium project in the City of Houston, Texas.