Representative Matters

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.

Represented a title company in defense of a claim under the Fair Labor Standards Act. The plaintiffs were assistant escrow officers claiming unpaid overtime. The case was settled on favorable terms to the client after minimal discovery and briefing on key legal issues.

Represented client in capital raise and financing related to the acquisition of a multi-tenant industrial property for $9 million.

Represented Better Bags, Inc. (a distributor of plastic bags used in the supermarket industry) in the sale of substantially all of its assets to Hercules Poly, Inc.

Represented the City in acquisition of two properties in fee simple: (i) an approximately 7.62 acres tract and (ii) an approximately 195 acre tract, and in the acquisition of two conservation easements: (a) a 6.05 acre tract and (b) a 490 acre tract. The firm is currently representing the City in negotiating two additional conservation easements for a 90 acre property and a 201 acre property.

Represent private developer in the development and sale of retail shopping center including negotiation and drafting of contracts for sale of improved and unimproved commercial parcels, reciprocal access easements and cost-sharing agreements and incentive agreements with municipalities.

Represented seller conveying 135 acres of land to major US homebuilder for development in Montgomery County, Texas

Represented a national retailer in connection with a $280 million credit facility secured by borrower-owned locations.

Represented insurance agency in breach of fiduciary duty and misappropriation of trust funds state court lawsuit and related one-week arbitration proceeding before the American Arbitration Association in which over $10,000,000 in damages was in controversy.

Represented a national distributor in a separation with a global equipment manufacturer, claiming over $1MM was owed to it by the distributor under various distributor agreements between the parties.

Represented a financial services provider with formation of a hedge fund.

Represented affiliated seller entities in the sale of a fabrication and millwork business to a subsidiary of a publicly traded strategic buyer.

Prepared and revised proprietary forms for clients for the leasing and acquisition of real property, as well as construction and construction-related services.

Representing Houston-based real estate developer in Texas state court action involving claims for breach of contract and declaratory judgment related to a retail anchor-tenant’s breach of its lease and the resulting delay in funding and construction of a sizeable mixed-use commercial retail development.

Represented a non-profit foundation in a will contest against a national hospital system, alleging lack of capacity and undue influence.

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.