Representative Matters

Represented Blackhawk Specialty Tools, LLC, an oilfield services company headquartered in Houma, Louisiana, in connection with a private equity investment made by Rock Hill Capital Group.

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

Successfully negotiated resolution of complex, multi-million dollar dispute involving production of steel rig kits for use in offshore jack-up drilling rig application between an overseas steel mill, Houston-based steel fabricator, and offshore drilling systems provider in Mississippi.

Represented a restaurant and bar in defense of a claim under the Fair Labor Standards Act. The plaintiffs were former waitresses and bartenders claiming tip pool violations. The case was settled on favorable terms to the client after minimal discovery.

Successfully settled a theft of trade secrets case in which a former employee downloaded the entire contents of his former employer’s cloud-based information system to several different electronic devices just prior to giving notice of his resignation. In this dispute, former employee left a geosynthetic lining company to work for a competitor performing a substantially similar role in the same geographic region. Obtained a temporary restraining order and temporary injunction enjoining the former employee from using any of his former employer’s confidential information while working at the competitor. Through the pendency of the suit, conducted an electronic forensic review of the former employee’s electronic devices and cloud-based storage systems discovering evidence of spoliation. After a spoliation motion was filed, the matter was successfully resolved.

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.

Preparation of restrictive covenants for master-planned mixed-use communities in Houston, San Antonio and Dallas-Fort Worth region, including various subordinate restrictive covenants and condominium documentations.

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 developer/purchaser of large acreage tract 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 insurance agency and insurance executive in state court lawsuit asserting claims for malicious prosecution in excess of $5,000,000.

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 portfolio company of a national private equity fund in the strategic acquisition of several manufacturers of drilling tools and perforation equipment.

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.

Successfully negotiated seven-figure settlement in construction dispute in favor of clients