Business/Commercial Litigation

We represent companies in a host of complex business and commercial disputes.  Our experience includes representation of clients in actions involving claims of breach of contract and contract interpretation, fraud, misrepresentation, tortious interference, breach of fiduciary duty, partnership disputes, covenants not to compete, breach of warranty, deceptive trade practices, and other business torts.  Commercial disputes often involve business considerations that require creative solutions or dispute resolution outside of a courtroom.  We listen to how our clients define success in a given matter, and then work to resolve disputes in a manner consistent with that definition.  Should this involve litigation to a jury verdict or presentation to an arbitration panel, our years of combined stand-up courtroom experience uniquely position us to vigorously represent the interests of our clients.

Representative Matters

  • Represented gas marketing subsidiary of major E&P company in seeking declaratory judgment that construction contract for gas storage facility in Wyoming terminated by its terms for defendant’s failure to achieve commercial service by date certain, relieving subsidiary from obligation under dependent long-term storage agreement.
  • Obtained summary judgment following substantial discovery on behalf of a midstream energy company and its private equity backer, who successfully bid on and acquired a group of midstream gas assets sold by a major energy company in a bid process conducted by an investment bank. Litigation was initiated by an unsuccessful bidder seeking substantial damages and claiming that our clients tortiously interfered with its agreement to purchase the assets. Summary judgment was affirmed by the Court of Appeals, and the Texas Supreme Court refused to grant review following full briefing on the merits.
  • Represented a major oil and gas company in a suit brought by a non-operating working interest owner, complaining of many aspects of the design and completion of a deep Wilcox well, and seeking to recover significant damages, including loss of production and out of pocket drilling costs, arising from a dry hole. The case was settled on very favorable terms.
  • Obtained summary judgment on behalf of a pipeline company in a suit brought by the owner of a petrochemical facility, claiming damages of $12 million for property damage and lost profits allegedly attributable to a business interruption caused by a pipeline spill and fire.
  • Obtained the dismissal, after two weeks of trial in federal court, of a real estate broker who handled the sale of an industrial tract on behalf of the seller, a large chemical company, in a case brought by the purchaser against a variety of defendants, alleging fraud and other causes of action and millions of dollars in damages because, following the sale, the property was determined by federal environmental authorities to be contaminated.
  • Represented various parties in cases involving drilling problems and equipment failures, including blowout preventers, tubulars, and downhole tools, resulting in loss or damage to oil and gas wells.
  • Represented a London insurance consortium and its insured, a drilling contractor, in a suit brought against the suppliers of defective oil field casing to recover monies paid out by the insurers and the uninsured losses of the drilling contractor. After three days of trial, the case settled for an amount that covered all losses sustained by the insurers and the insured contractor.
  • Represented an insurance company in several state and federal court cases in Texas arising from allegations by a plaintiff attorney and hundreds of his former clients that the insurance company had committed extortion and fraud in connection with a global settlement; the case settled during the second week of trial.
  • Successful prosecution of a breach of contract claim at trial in Kentucky against a major coal producer related to a contract mining agreement.

Prior results do not guarantee a similar outcome.