Representative Matters

Represented a major regional health care system in the disposition of a 138-unit retirement and health care center.

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.

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.

Represented a world leader in premium insulation coatings against a former distributor based on claims for breach of a written distributor agreement, as well as claims for breach of oral agreements or, alternatively, quasi-contractual claims such as promissory estoppel and unjust enrichment. Following written discovery and depositions of the named parties, certain third-parties, and experts, both parties moved for summary judgment we moved on all of plaintiff’s claims and plaintiff moved solely on liability for its contractual claims. With the summary judgment motions pending, the matter settled on confidential terms.

Represented a $250 million private equity fund, having a primary investment focus of mezzanine debt investments, in connection with the fund’s formation, capitalization and investments

Serves as outside general counsel for a privately held MedTech company

After a four-day trial, obtained a jury verdict for Environmental Earth-Wise, Inc. awarding actual damages of $300,000 and recovery of $200,000 in attorneys’ fees and expenses arising from emergency environmental response and remediation services., while also obtaining a take-nothing verdict on the defendant’s counterclaims.

Represented developer asserting claims against former business partners for misappropriation of funds and breach of contract.

Represented an Arizona-based traffic solutions company in connection with $60 million equity raise through sale of preferred stock to major investment banking firm.

Represented the purchaser in the simultaneous acquisition of five separate tracts, totaling approximately 343 contiguous acres in Needville, for a planned subdivision development.

Represented the seller of all stock in a electrical process heater corporation in a two tranche closing, with the first closing valued at approximately $25,000,000 and the second closing value being determined in 2021 based on a multiple of the company’s EBITDA. Drafted the disclosure schedules, restrictive covenant agreements, corporate consents, secretary certificates and funds flow spreadsheet.

Represented Midway in a collaborative partnership with Texas A&M University, among others, in connection with the financing, development and pre-leasing of phase one of an approximately 60 acre multi-phase mixed-use project in College Station, Texas known as Century Square, which, once complete, will include two full-service hotels, office, retail, restaurants, entertainment, loft apartments and more.

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

Representation of management in connection with the sale of an integrated manufacturer of oil field equipment, compressors and other engine driven equipment and distributor of diesel engines and spare parts to a strategic purchaser.

Represented a Texas-based trucking business in its sale to a national private equity firm as part of their initial platform acquisition.

Won a multi-million dollar arbitration award on behalf of the owners of a software company against an oilfield services company who purchased their company. The claims and recovery related to misrepresentations made during negotiations and execution of a stock purchase agreement. After 15 days of evidence, the three-member panel ruled unanimously in favor of our client.