Representative Matters

Represented a $25 million private equity fund, having as its primary investment focus investments in low budget film productions, in connection with the fund’s formation, capitalization and investments.

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.

Represented client in connection with the acquisition of approximately 500 acres in Montgomery County, Texas, and in connection with the subsequent sale of right-of-way frontage to a commercial developer. Transaction included negotiation of terms for a land swap with a municipality in connection with construction of new municipal facilities, as well as development and financing agreements with newly formed in-city municipal utility districts.

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 a national fiberglass products manufacturer in a variety of transactions, including the strategic acquisition of a Montana-based fiberglass products manufacturer and related acquisition financing and the later corporate reorganization and capital infusion by a private equity group.

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.

Successfully defended a Texas-based drilling rig manufacturer in a lawsuit by a drilling rig purchaser. The purchaser claimed the manufacturer breached a rig construction contract and tortiously interfered with its contract with a drilling operator. The purchaser sought approximately $25 million for the cost of repairing the rig and lost profits. The case settled for a fraction of that amount on the eve of picking a jury.

Successfully defended a manufacturer in a lawsuit brought by former employee claiming sexual harassment, hostile work environment and negligent hiring based on allegations that former employee’s supervisor made sexually explicit comments to her. The former employee’s claim of negligent hiring was premised on the allegation that the employer hired the supervisor who had a criminal record. The lawsuit raised novel issues relating to the exclusivity provision of the Texas Workers Compensation Act.

Won a summary judgment on behalf of an independent geologist in a case brought by a working interest owner concerning acquisition and development of oil and gas leases. Claims included breach of contract, tortious interference with contractual relations and conspiracy. Plaintiff failed to consent to additional acreage under the Joint Operating Agreement and sued fellow working interest owners for almost $10 million in damages.

Successfully defended a hospital system in a qui tam action alleging Medicare and Medicaid fraud under FCA. Representation included working with DOJ who declined to intervene and then successfully defending the underlying lawsuit against the qui tam Relator.

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

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.

Represented the purchaser of waterfront property adjacent to the Port of Texas City from a subsidiary of Dow Corning.

Represented Integra Realty Resources Houston (a real estate appraisal and services company) in the sale of its business to Jones Lang LaSalle (JLL).

Represented the seller in the $13,500,000 acquisition of a business specializing in providing wireless broadband and internet services.

Represented the owners of a horizontal boring business in partial recapitalization and debt restructure.