Representative Matters

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 the borrower in a senior loan comprised of an $11,300,000 term loan and a revolving loan not to exceed $2,000,000 as well as a subordinated non-revolving $5,000,000 loan by a national veterinary medical service provider.

Represented developer/purchaser in acquisition of 300+ acres in Harris County ($6MM) and negotiation of water and sewer service contracts.

Successfully represented real estate investor in its claims for breach of contract, breach of fiduciary duty, fraud, and fraud by nondisclosure

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.

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

Obtained judgment of more than $9 million on behalf of entrepreneurs related to the sale of their valve company to a New York-based private equity firm. After the sale, the buyer asserted indemnification claims against the entrepreneurs based on pre-sale representations allegedly made by the entrepreneurs. In doing so, the buyer sought to avoid paying the bulk of the purchase price for the entrepreneurs company. 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.

Represented a global business and luxury travel firm in connection with its $50,000,000 reorganization and preferred and common equity investment by a global travel management company, along with an amendment to the Company’s credit facility.

Represented affiliated seller entities in the sale of an industrial waste and environmental services business to a strategic buyer with rollover equity and other purchase price consideration in excess of $50 million through a series of complex transactions.

Represented refinery services company that sells proprietary products and services to petroleum and chemical refineries globally in a lawsuit against a group of contractors that misappropriated our client’s proprietary products and services. After successfully securing discovery from refineries in foreign countries confirming the facts supporting our client’s claims, the matter settled with our client receiving every dollar of lost sales and effectively ending the former contractor’s attempts to establish a competing company.

Represented a Texas-based mezzanine financing fund in the corporate restructuring of its portfolio company which included amended senior and subordinated debt facilities and the purchase and financing of mobile servicing oil rigs.

Represented a Houston-based restauranteur in the strategic acquisition of a café and bakery concept.

Won a unanimous decision from the Texas Supreme Court on behalf of a major water bottling company in a dispute against land owners concerning the alleged drainage of an aquifer. The trial court granted a summary judgment at the lower court level, rejecting plaintiff’s attempt to obtain an injunction to halt the production of spring water from client’s largest water source.

Represented developer/purchaser in acquisition of large acreage tract in Harris County and negotiation of water and sewer service contracts to provide for water production plant, wastewater treatment plant, and related facilities to serve development of the tract.

Represented several large corporations and individuals in matters involving various contractual and business tort disputes, including fraud, misrepresentation, breach of fiduciary duty, and breach of contract claims through trial, summary judgment, and mediation.

Represented Managed Pressure Operations, a developer of next generation technology for offshore managed pressure drilling systems for the oil and gas industry with subsidiaries in Houston, Singapore, Jakarta and Dubai, in the reorganization of its capital structure, including a $15 million capital infusion by a private equity group and its later acquisition by an affiliate of Aker Solutions.