Representative Matters

Lead counsel in connection with the sale of the company’s refined products brokerage business to BCG 

Won a jury verdict for a homeowner against a designer she hired to provide interior design services. Although our client paid the designer for several decorative pieces, the designer failed to purchase the items and then refused to return our client’s money. The designer filed a counter-claim for the amount of money he alleged was still owed under the terms of the parties’ agreement. A unanimous jury rendered a verdict in favor of our client finding that the designer breached their agreement.

Successfully obtained summary judgment on behalf of a software utilities and management company and its chief executive officer on breach of contract claim filed by two former employees. The former employees claimed they were owed approximately $360,000 based on an amendment to an original purchase agreement regarding the sale of a software program. Summary judgment was awarded when it was shown that the amendment lacked material terms and was unenforceable as a matter of law. Following summary judgment, the former employees settled their remaining claims on very favorable terms for our clients.

Represented regional sponsor and developer of free standing emergency departments in connection with a consolidating restructure transaction in anticipation of a sale of the consolidated enterprise.

Successfully briefed and defended against motion for summary judgment on plaintiff and client’s affirmative claims in Delaware Superior Court on behalf of IT/telecommunications client. Plaintiff’s summary judgment motion was denied in its entirety, resulting in the case settling favorably on the eve of trial

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 an offshore drilling service company in a proceeding brought by former employee claiming race discrimination based on the employer’s alleged failure to provide the employee with the same employment opportunities it provided to other employees outside the protected class. This lawsuit raised unique issues regarding the employer’s obligation to provide offshore work opportunities where it was also providing onshore work.

Purchase of a 430,000 barrel storage facility and terminal and approximately 220 acres of undeveloped real property for future development, including negotiation of a pollution indemnity, joint services agreement and agreement to provide transitional services.

Successfully defended five employees against claims brought by former employer alleging breaches of fiduciary duties, conspiracy, and misappropriation of trade secret claims.

Sale of a hazardous and non-hazardous chemicals and waste transportation business to a private equity controlled supply chain services company.

Represented health care system in South Texas in a lawsuit against former insurance agents for violations of the Texas Insurance Code, violations of the Texas Theft Liability Act, conversion, fraud, fraud by non-disclosure, negligent misrepresentation, and breach of contract.

Successfully represented mixed-use real estate developer in claims for breach of contract, breach of warranty and construction defect against its former general contractor involving substantial water infiltration in two luxury apartment buildings.

Successfully briefed and defended against dispositive motion in age discrimination claim in federal court

Represented seller conveying ±165 acres of land in Solano County, California

Represent private industrial developer in development of land for build-to-suit and spec industrial facilities and supportive retail and commercial space.

Represented Core International, LLC, a Houston-based manufacturer and supplier of highly engineered rubber components and supply chain solutions, and its shareholders in a majority recapitalization by Rock Hill Capital Group.