Representations
Energy Experience
Won a US$31+ million arbitration award from the AAA for a subsidiary of an NYSE-listed midstream company against a refinery owner in a contract dispute. Following five days of testimony, the arbitrator found for the client on every single claim and against the opponent on each of its counterclaims. The arbitrator awarded the client 100 percent of damages sought, all of its attorney’s fees and costs, and key items of non-monetary injunctive relief. The award came on the heels of a related success in securing a temporary injunction from a Harris County district court, which included an order for the opponent to deposit millions of dollars into the court’s registry.
Won dismissal of energy trader from multimillion dollar Rule B maritime garnishment action following appeal to U.S. Court of Appeals for Fifth Circuit.
Won unanimous jury verdict on behalf of oil country tubular good processor on breach of contract and real property claims against inspection and threading services company; obtained final judgment awarding multi-million-dollar damages, permanent injunction on real property issues, and an award of attorney’s fees for entire amount of fees incurred. The matter settled on appeal on confidential terms.
Prosecuted claims in ICC, Spanish-language arbitration on behalf of Latin American EPC firm against subcontractor arising out of installation of pipeline in shallow water.
Represented a Latin American energy company in US$300 million litigation in federal court in Texas seeking recovery for damages resulting from theft of hydrocarbons and related appeal. Obtained multi-million dollar judgments and settlements.
Defended independent exploration and production company against claims of trade secret misappropriation arising out of drilling and completion procedures.
Defended Latin American oil company against wrongful death and personal injury claims arising out of an explosion at a gas processing facility involving more than 60 plaintiffs.
Won summary judgment for Latin American oil company in breach of contract claim under the Convention for International Sale of Goods.
Represented independent US exploration and production company in lawsuit stemming from catastrophic failure at a sour well attributed to pipe failure.
Won mandatory temporary injunction for oil country tubular good processor (a US subsidiary of closely held Mexican conglomerate) in real property dispute, which was affirmed on appeal.
Technology
Secured permanent injunction against former employee of SaaS provider and his new employer from violating the former employee’s non-compete obligations.
Secured dismissal of trade secret misappropriation claims against provider of preconstruction bidding software asserted by competitor.
Financial Institutions
Won take-nothing judgment in favor of multi-billion-dollar financial institution for contract and tort claims arising out of asset-based loan.
Won dismissal of claims against provider of consumer risk management services on claims of RICO violations, unfair competition, fraud and other business torts.
Defended multi-billion-dollar financial institution against business tort and breach of contract claims.
Other Experience
Represented a FTSE listed global environmental consulting firm in employment litigation matters related to departure of key executives.
Defended global consulting firm headquartered in India against breach of contract and business tort claims arising out of earn-out provision in employment agreements.
Represented the Republic of Peru in litigation seeking return of the Machu Picchu artifacts from Yale University.
Won dismissal of global engineering and construction firm on all claims arising out of earn-out dispute, alleging RICO violations and other business torts.
Prosecuted breach of contract and shareholder derivative claims on behalf of minority shareholder of privately owned company.