Representative Matters

Represented a development company asserting professional negligence and breach of contract claims against an architectural firm for errors and omissions that caused significant cost overruns during the construction of a $40 million dollar multi-family development.

Represented a refinery service contractor in a breach of contract matter arising out of allegations that equipment manufacturer failed to deliver equipment in a timely manner and delivered equipment that did not conform to the requirements of the agreement. This matter centered on the interpretation of Article 2 of the Uniform Commercial Code dealing with delivery of goods, nonconforming goods, and lost profits as damages. The matter ultimately settled on confidential terms.

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.

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.

Acquisition of the assets of a regional oil and gas collection and transportation system.

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

Represented a dentist and her practice against claims by another dentistry practice for tortious interference. The plaintiff alleged the defendant tortiously interfered with a noncompetition agreement it had with another local dentist by conspiring to solicit patients in violation of the agreement. Successfully obtained an early dismissal in exchange for a nominal settlement payment.

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 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 an Arizona-based traffic solutions company in connection with $60 million equity raise through sale of preferred stock to major investment banking firm.

Represented a minority shareholder in a shareholder oppression and breach of fiduciary duty lawsuit alleging that minority shareholder was forced out of his position with the company and was denied his rights as a shareholder. The matter raised unique issues under Texas law concerning duties and obligations between owners of a closely held corporation. The matter ultimately settled for a confidential amount.

Served as lead merger and acquisition counsel for Disa Global Solutions, Inc., a third-party administrator providing safety and compliance solutions for all industries, from 2016 through 2022, at which time it was sold to a major private equity company out of Boston, Massachusetts.  Represented Disa in the closing of between 10-15 acquisition transactions a year.

Represented a multi-location dental practice in bad faith claims against an insurance company involving loss of business income, loss of equipment and inventory, and reimbursement for continuing operating expenses and expenses in connection with moving dental practice to temporary locations.

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 a Houston-based restaurant business in its reorganization and restructuring.

Restructure and capitalization of a direct to consumer supplier of beef, poultry and sea food using a combination of new equity and warrant supported debt.