I establish open communication with my clients so I can understand their problems not only from a legal standpoint, but also how those problems will truly impact their businesses. This approach allows me to explore different alternatives for resolving disputes, address developing issues proactively before they become real problems and keep clients from litigating as a full-time job.
Energy and real estate clients call on Preston Kamin to handle complex commercial disputes in courthouses across Texas. Although Preston handles all business-related litigation, his practice most often includes cases involving contract and partnership disputes, real estate, fiduciary duties, trade secret theft and non-compete enforcement.
Preston grew up working in a family business, so he has a first-hand appreciation for the long hours his clients spend building successful companies and how prolonged litigation can distract them from concentrating on their core business. Preston is a trial lawyer first, but he always tries to find unconventional, cost-effective ways to solve clients’ problems quickly and avoid litigation altogether.
Before joining the firm, Preston served as a judicial intern for the Honorable John D. Rainey of the U.S. District Court for the Southern District of Texas. This experience gave Preston unique perspective on how complex cases are evaluated behind the scenes and the effectiveness of different tactics in the courtroom.
Representative Experience General Contract/Business Litigation
- Obtained affirmation on appeal of summary judgment dismissing plaintiff's breach of contract claims against client pertaining to statute of limitations and discovery rule.
- Successfully obtained a full dismissal for a Houston-based civil engineering firm after the plaintiffs failed to comply with Certificate of Merit requirements under Chapter 150 of the Texas Civil Practice and Remedies Code.
- Co-chaired a bench trial in the Eastern District of Beaumont involving competing breach of contract claims; obtained a judgment on appeal; the plaintiff obtained a judgment, plus attorneys’ fees, in its favor at the trial court and the Court of Appeals in a case styled Conn Credit I, L.P. v. TF Loanco III, L.L.C., 903 F.3d 493 (5th Circuit 2018) reversed and rendered the judgment in favor of Gray Reed’s client (View opinion).
- First-chaired a successful bench trial regarding a contract dispute. The judge awarded his client a take-nothing judgment, plus his client's attorney's fees.
- Second-chaired a jury trial involving a breach of contract dispute relating to a contract interpretation dispute.
- Secord-chaired jury trial involving the prosecution and defense of contract, fraud, and declaratory judgment claims resulting in a jury finding in favor of Preston's client.
- Obtained Summary Judgment on behalf of paint manufacture involving a contract dispute, which awarded Preston's client over $200,000 in damages, plus $30,000 in attorneys' fees.
- Successfully defended borrower against breach of contract and fraud against lender resulting in a favorable settlement.
- Successfully prosecuted claims on behalf of a licensor of a software license agreement resulting in a favorable settlement.
- Successfully prosecuted claims on behalf of a member of a limited liability company for improperly terminating his interested in the company.
- Successfully defended a large international manufacture of valves against alleged misappropriation of trade secrets.
Energy Litigation
- Successfully defended and received a recovery of costs for MidCon Gathering LLC, a midstream gathering company, in a lawsuit brought by a man who alleged he developed a credit facility for the company and sought up to 3 million dollars in a case styled Carleson v. MidCon Gathering, LLC, 2017 WL 5900271 (E.D. Arkansas, Western Division) (View opinion) (View Law360 article (subscription required)).
- Successfully obtained a full dismissal with prejudice in case styled Lindsay v. Logan Oil Tools, Inc., 2016 WL 7426404 (S.D. Texas, Houston Division) in a case brought by a former employee claiming negligence; breach of fiduciary duty; and negligent hiring, training, supervision and entrustment. (View opinion).
- Second-chaired a bench trial resulting in a verdict on behalf of mineral interest owners in violation of New Mexico law.
- Third-chaired a two-week jury trial resulting in a significant jury verdict in products liability action against the provider of oil field rental equipment (the judgment has yet to become final).
- Successful defense of oil and gas operators in various lawsuits alleging breaches of joint operating agreements by non-working interest owners.
Real Estate Litigation
- Obtained affirmation of the confirmation of an arbitration award that found real estate fraud and that was appealed based on the arbitrators allegedly committing material errors of law and exceeding their authority.
- Obtained a multi-million dollar award in arbitration for a minority owner of an LLC after the manager orchestrated a fraudulent foreclosure of a strip center on Westheimer Road in Houston.
- First-chaired a successful jury trial for a commercial landlord and obtained a favorable judgment.
- First-chaired a successful jury trial for a residential landlord and obtained a favorable judgment.
- Obtained Summary Judgment for a commercial tenant involving a contract dispute and obtained a take-nothing judgment against the Plaintiff.
- Obtained several favorable settlements and judgments for a successful real estate developer.
Honors
- Named a Rising Star by Texas Super Lawyers (a Thomson Reuters company) as published in Texas Monthly and Texas Super Lawyers magazines (2013 - 2018)
- Named a "Super Lawyer" by Texas Super Lawyers (a Thomson Reuters business) as published in Texas Monthly (2023)
- Named a Houstonia Magazine Top Lawyer in Houston (2018)
- Selected as a Fellow of the Houston Young Lawyers Association (2014). Only the top one percent of Houston Young Lawyers are honored.
Certifications
- Certified Mediator, A.A. White Dispute Resolution Center, University of Houston Law Center
Organizational Involvement Professional Activities, Memberships & Affiliations
- State Bar of Texas Committee on Court Rules (2017 - 2019)
- Texas Young Lawyers Association
- Texas Bar Foundation, Fellow
- Houston Bar Foundation, Fellow
- Houston Young Lawyers Association
Community Activities, Memberships & Affiliations
- Co-Chair, Aid to Victims of Domestic Abuse Gala (2016)
- As co-chair, Preston assisted in raising over $400,000 to support victims of domestic violence.
- President, Coastal Conservation Association-Houston Chapter (2009 - 2011)
- As president, Preston was in charge of an organization that has over 500 members. In his role as president, he spearheaded CCA's annual banquet, with the assistance of his board members, and raised thousands of dollars for CCA.
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