Representative Matters

Obtained summary judgment on behalf of a local retailer in a lawsuit filed by retailer’s former agent seeking recovery of commissions that agent claimed were not paid pursuant to the terms of written agreement. The matter concerned an interpretation of the agent’s duties and responsibilities under the commission agreement and Texas. The trial court ultimately granted summary judgment on all claims.

Won a summary judgment on behalf of an oil-field services company who was sued for allegedly misappropriating trade secrets from a competitor. When the client hired away the opposing side’s salesman it sued. Summary judgment was awarded when it was shown that the opposing side did not have a valid trade secret as a matter of law.

Won a unanimous arbitration award on behalf of a former senior executive officer and director of a privately held bank with over $1.0 billion in assets. Our client was sued by the bank in state district court for breach of fiduciary duty, misappropriation of trade secrets, and conversion following his resignation from the bank. In the state court proceeding, we successfully dissolved an ex parte restraining order and compelled the lawsuit to arbitration. In the arbitration, the bank sought over $20,000,000 in damages and we asserted counterclaims against the bank for tortious interference with contract and failure to pay wages. After a five day arbitration and significant post-hearing briefing, the three member arbitration panel ruled in favor of our client on all claims and awarded all damages sought pursuant to our counterclaims.

Lead counsel for Blackline Partner in connection with the formation of a joint venture with Artemis Real Estate to develop the Blackline Cold Storage facility

Obtained preliminary injunction prohibiting defendant from infringing on client’s trade dress and using client’s trade secrets in breach of contract, misappropriation of trade secrets and intellectual property infringement case pending in Federal Court

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 Houston-based real estate development company in formation and capitalization of three investment funds having raised in excess of $25 million though private offerings under Regulation D of the Securities Act of 1933.

Represent private developer in connection with the acquisition and financing of office building in Houston, Texas.

Representation of the developer of a multi-phase, mixed-use, urban infill development in the negotiation of the underlying development services agreement and the negotiation of a long-term lease agreement with a regional grocer as the key tenant for the first phase.

Won a unanimous jury verdict for an owner of a hotel against a large group customer who canceled a series of contracts claiming the hotel’s service has diminished. The customer preemptively sued the client. Counter-claims were filed on behalf of the client and, at trial, the customer’s claims were dismissed via directed verdict. The jury rendered a verdict in favor of the client finding that the customer breached the contracts.

Lead counsel in connection with the recapitalization of the company in joint venture with Almanac Realty and lead outside counsel for subsequent acquisition, development and financing transactions

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

Represented a Houston-based medical transcription business in the sale of the business to a strategic purchaser located in Atlanta, Georgia

Serves as outside general counsel for a privately held MedTech company

Represented The Nature Conservancy and City of Austin in connection with the acquisition of over 2000 acres of land and conservation easements for open space preservation and water quality protection in ecologically sensitive Barton Creek watershed area.

Represented executive and equipment manufacturer in multi-day injunction trial in state court lawsuit asserting claims for for breach of non-compete agreement and misappropriation of trade secrets.