Commercial and Business Litigation
Represented a power production company in a multi-million dollar arbitration concerning representations and warranties made in association with sale of interest in power plant. The appeal is pending.
Represented an insurance broker in a collection case against an insured who refused to pay. We collected all money due to the client.
Represented an insurer defrauded by a loan and investment company and its co-conspirators. Part of this case is pending.
Represent a surety company that issued immigration bonds against claims made by bonded immigrants and their indemnitors. This case is pending.
Represented an oil & gas equipment distributor and four of its employees in a case in which a competitor alleged misappropriation of trade secrets. Following a four-week jury trial, our clients were cleared of any wrongdoing and the competitor was found entirely responsible.
Represented an investor against a major brokerage firm and negotiated a favorable settlement in a breach of fiduciary duty, breach of trust, and breach of contract case.
Represented a private aviation company in a contract dispute over cargo charter contracts.
Represented contractors and manufacturers in the construction industry, including claims involving defective design and construction to liens, breach of contract, and personal injuries sustained in the construction industry.
Obtained a verdict in favor of our clients, individuals, an oil and gas partnership and a corporation, who were alleging conversion, fraud, commingling and confusion of goods, breach of a dissolution agreement, breach of fiduciary duty, and negligent misrepresentation.
Represented two entities in the Enron litigation.
Represent the estate of a corporate director of a publicly traded biotechnology company against allegations of usurpation of corporate opportunity, breach of fiduciary duty, and related torts.
Numerous representations in securities fraud matters, including TSO v. Grand Metropolitan, PLLC.
Defended numerous directors and officers of financial institutions from claims asserted by the RTC arising from the Texas savings and loan crisis.
Lead counsel for officer/director defendants during deposition phase of major issue in Enron Securities Fraud Litigation (J.P. Morgan Prepay Transactions). (Firm represented former director of Enron in securities fraud, derivative, and ERISA litigation.)
Obtained dismissal of former officer of Enron in Enron ERISA Litigation.
Represented former officers and directors of a bankrupt company who were accused of breach of fiduciary duty, usurpation of corporate opportunity, theft of trade secrets and securities fraud (demand of $21 million). No. 04-31492-H5-11, In Re: JoeAuto, Inc., Debtor, in the United States Bankruptcy Court for the Southern District of Texas; No. 2006-26737, Joe Auto, Inc., et. al. v. CCG Venture Partners, L.L.C., et. al., in the 165th Judicial District Court of Harris County, Texas.
Represented former officer and director accused of breach of fiduciary duty in connection with company’s environmental liabilities. Obtained dismissal of all claims and recovered client’s attorneys’ fees. Columbus McKinnon Corp. v Andrew F. Gaffey, No. H-06-1125, 2006 U.S. Dist. LEXIS 94708 (S.D. Tex. August 16, 2006).
Represented former employees and officers of a wind energy company in claims against former employer for breach of employment contract. Obtained restraining order compelling the former employer to deposit amounts at issue in registry of Court. Also litigated counter-claims of breach of fiduciary duty and theft of trade secrets as a result of clients starting a competing wind energy company. No. D-1-GN-07-00153, Charles D. Jennings, Jr. et. al. v. Cielo Development Services, Inc., et. al., in the 345th Judicial District Court, Travis County, Texas.
Represented former employee of major financial institution against fraud, breach of fiduciary duty, state securities and related claims arising from services provided to private clients related to tax shelters (some of the tax shelters that led to the dissolution of the Jenkens & Gilchrist law firm). MRB Westover Trust v. Banc One Invest. Advisors, No. 141 215382 05 (Tarrant County, Tex.); Greer v. Banc One Invest. Advisors, No. 2004-46010 (Harris County, Tex.)[including mandamus, In re Banc One Investment Advisors Corp., No. 01-07-01021-CV, 2008 WL 340507 (Tex. App. Feb. 7, 2008)]; Berce v. Banc One Invest. Advisors, No. 067 20944 05 (Tarrant County, Tex.)
Represented an entrepreneur from claims of breach of fiduciary duty and usurpation of corporate opportunity based on client’s participation in an initial public offering that resulted in stock holdings in the new company valued at $75 million. No. 97-43113-H3-11, In Re: Nationwide Long Distance, Inc., Debtor, in the United States Bankruptcy Court for the Southern District of Texas.
Prosecuted and defended securities fraud claims in other suits, including, Summers v WellTech, 935 S.W.2d 228 (Tex. App.—Houston [1st Dist.] 1996, no writ); No. 2007-16502; D. John Ogren, et. al. v. Petrosearch Energy Corporation; in the 133rd Judicial District Court of Harris County, Texas.
Prosecuted and defended additional matters involving breach of fiduciary duties of officers, directors and employees, and misappropriation of trade secret claims, including, No. 1:10cv00364; Compass Bank v. National Independent Trust Co., et. al., in the United States District Court for the Eastern District of Texas; No. 2009-50633, Van Dewitt v. Sea Mar Management, L.L.C, et. al., in the 165th Judicial District Court of Harris County, Texas; No. 2010-08178, Kenneth C. Henry v. Petrolink Services, Inc., in the 133rd Judicial District Court of Harris County, Texas.
Represented two corporate directors of First City Bancorp in securities fraud litigation arising out of the Texas savings and loan crisis. The claims involved allegations of accounting fraud due to improper loan write-downs. Her work included drafting the briefs in both the federal district court and U.S. Fifth Circuit. The Fifth Circuit affirmed the dismissal of the claims against these directors.
Represented a corporate officer of a seismic technology corporation in securities fraud litigation against the company, numerous officers and directors, and its auditors. The claims involved accounting fraud due to improper revenue recognition, following an SEC investigation and the company’s restatement of financials. Her work included briefing and pretrial development in the federal district court. The case ultimately settled.
Represented a corporate officer of a private aviation company in an antitrust case filed against him and the corporation. The case involved all pretrial development and was ultimately dismissed.
Represented an energy trader in a suit over trading losses in NYMEX energy derivatives. This work involved all pretrial development, an arbitration trial, and an appeal to federal court.
Prepared federal court briefing in numerous securities fraud cases and has represented and prosecuted corporate officers and directors in a wide variety of business tort and contract cases.