Representative Matters

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.

Private placement of debt and equity securities to provide growth capital for a manufacturer of waste water processing equipment and developer of waste to energy processing facilities.

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.

Successfully defended a restaurant group in a lawsuit brought by a former employee claiming sexual harassment based on allegations that manager made sexual advances towards the employee and sent sexually explicit photographs to the employee. The lawsuit centered almost entirely on alleged conduct that occurred outside the workplace during non-working hours and presented unique issues relating to the employer’s affirmative defense under the Faragher/Ellerth line of cases.

Represented a private equity partner and asset manager in the formation of various private equity funds and creation of a novel online investor portal designed to bring private equity investments into the mainstream.

Represented purchaser of fully-leased retail center in southeast Houston

Successfully briefed and defended against dispositive motion in age discrimination claim in federal court

Represented a refinery service contractor in a multi-million dollar lawsuit involving claims arising out of the refinery’s refusal to pay for services and counterclaims by the refinery relating to alleged breaches of safety procedures. Within five months of filing lawsuit and shortly after the filing of a pre-discovery, summary judgment motion asserting immediate right to payment, the matter was successfully resolved.

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.

Sale of substantially all of the assets of a company engaged in the business of placing and servicing insurance products and related services

Represented the purchaser of an approximately 55,000 square foot, single-tenant facility located within the Tuscany Technology Center, a 600,000 square-foot multi-building office and industrial park development in northeast Austin, Texas.

Lead counsel in connection with the sale of the company to HD Supply, a subsidiary of Home Depot.

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.

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.

Representation of the minority owners and operators of a multi-location fast casual food franchise in the transfer of majority ownership from one private equity owner to another private equity owner and the restructure of operating lines of credit.

Represented clients in all types of contested probate, trust and fiduciary litigation through trial, summary judgment, and mediation.