Energy Litigation

• Advised and defended Chevron relating to preferential rights, assignment, and operatorship transfer disputes related to retention and transfer of operatorship rights and sale of CO2 flood wells and refinery in New Mexico, Vendera Management III, LLC v. Chevron USA, Inc.
• Defended Chevron against lease invalidity and surface damages dispute, Wells v. Chevron U.S.A. Inc., No. 6:18-CV-00179-JDL, 2019 WL 13221159, at *3 (E.D. Tex. Feb. 13, 2019).
• Advised Chevron regarding various lease and royalty interpretation matters, upstream operatorship issues, JOA interpretation issues, and construction dispute relating to midstream transportation agreements and dedications.
• Successfully tried multiple cases in expansive state-wide litigation against county appraisal districts regarding ad valorem valuation of oilfield compressors, prevailing in multiple state court bench trials and in variety of appeals, which culminated in complete victory for oilfield heavy-equipment dealers in the Texas Supreme Court (e.g., EXLP Leasing LLC v. Galveston Cent. Appraisal Dist., 554 S.W.3d 572 (Tex. 2018)).
• Successfully tried to jury verdict a breach of contract dispute between petrochemical companies; jury verdict of $10 million and a take-nothing judgment on opposing party’s counterclaims (Equistar Chemicals LP v. GIM Cogeneration Channelview; Cause No. 2012-68524; in the 165th Judicial District Court of Harris County, Texas).
• Obtained multi-million dollar arbitration award for major oil and gas producer in breach of contract dispute regarding condensate deliveries and allocation at jointly owned port and petrochemical facility.
• Represented major oil and gas producer in multi-million dollar arbitration against pipeline company for breach of contract and under-delivery of crude oil, resulting in favorable business resolution for client.
• Obtained dismissal of class-action royalty claims against major oil and gas producer regarding off-lease gas deductions.
• Successfully represented closely-held oil and gas partnership, obtaining summary judgment in a fraud, breach of contract, and breach of fiduciary duty lawsuit concerning holdings worth over $1.5 billion, Harrison v. Harrison Interests Ltd., et al., Cause No. 2010-82117, in the 190th District Court of Harris County, Texas.
• Successfully tried several lawsuits to verdict for electric and gas utility, including claims for negligence, gross negligence, breach of contract, personal injury, wrongful death, and significant property damage.
• Obtained dispositive summary judgment in favor of national oil and gas operator against claims for compensatory royalties arising out of alleged offset obligation.
• Successfully defended numerous title and royalty disputes for oil and gas producers in variety of shale plays and jurisdictions.
• Advised and successfully defended operator in lease interpretation dispute regarding the proper construction of continuous drilling and retained acreage clauses.
• Obtained summary judgment in favor of operator in lawsuit filed by lessor for alleged breaches of offset well provision in oil and gas lease, Mzyk v. Murphy Exploration & Production Company-USA, No. 04-15-00677-CV, 2017 WL 2797479 (Tex. App.—San Antonio, June 28, 2017);
• Represented major oil and gas operator in arbitration dispute regarding the allocation and recovery by operator of more than $40 million in expenses relating to a Gulf of Mexico production platform.
• Defeated class certification in putative royalty class action involving nearly 4,000 royalty owners in Eagle Ford Shale, Regmund v. Talisman, No. 4:16-CV-02960, Southern District of Texas.
• Advised more than a dozen major upstream oil and gas companies regarding various surface, lease, JOA, and JDA dispute issues with landowners, royalty owners, working interest owners, and third-parties, including oil and gas lease interpretation, royalty allocation and payment obligations, operatorship and joint development disputes, asset sales/purchases and assignments, offset and drainage issues, drilling obligations, surface and lease disputes, assignment and transfer disputes, and related operational issues.
• Successfully defended multiple lawsuits involving breach of royalty provisions for alleged underpayments, improper flaring, and improper allocation.
• Successfully defended class-action lawsuit involving alleged improper post-production deductions from royalty payments.
• Obtained summary judgment in favor of major upstream producer on variety of claims asserted by large lessor, including claims for lease invalidity, quiet title, slander of title, and loss of business opportunity, as well as statutory claims for Trespass to Try Title and declaratory judgment.
• Advised various clients regarding oil, gas and power claims involving price spikes, pipeline constraints, force majeure, and NAESB and other contractual disputes; arising out of freezes, storms, pandemics, the invasion of Ukraine by Russia, and other events.
• Advised various clients regarding the enforceability of various contractual volume commitments and supply arrangements, as well as termination and avoidance issues and potential remedies and causes of action relating to same.
• Represented major petrochemical company in arbitration over dispute with partner regarding interpretation of cracker/splitter joint venture agreement.
• Represented major petrochemical company in arbitration dispute concerning payments and accounting of condensate deliveries at jointly owned refinery complex
• Defended Texas frac sand manufacturer in breach of contract dispute over enforcement of sand purchase agreement.
• Advised several upstream and midstream oil and gas companies regarding various claims and defenses relating to negative pricing of crude oil during April 2020.
• Oil and gas producer – ongoing representation in appeal of trial court judgment (handled by different counsel) involving alleged breaches of joint operating agreement covering large lease in the Eagle Ford Shale play based on commingling and other claims.
• Represented offshore oil and gas operator in suit to recover decommissioning expenses arising from Gulf of Mexico assets.
• Defended multiple surface and lease disputes with landowners in the Eagle Ford Shale play.
• Obtained summary judgment in favor of operator in nuisance action filed by lessors claiming nearby oil and gas activities caused health problems and damage to their homestead.

General Commercial Litigation

• Obtained a combined $70 million, unanimous jury verdict on behalf of ammunition importing and retail clients against a former director/officer, his family members, and their secretly formed competitor on claims of breach of fiduciary duty, theft, conspiracy, and tortious interference claims, which was recently entered as a final judgment in excess of $20 million based on Plaintiffs’ damages elections (Harrison v. Harrison Interests, No. 14-15-00348-CV, Texas 14th Court of Appeals).
• Obtained dismissal of all claims and sanctions against plaintiffs and opposing counsel in estate and trust dispute involving claims of breach of fiduciary, trust termination/enforcement, forgery, and fraud. 
• Prosecuted state-wide litigation against county appraisal districts regarding ad valorem valuation of oilfield compressors, prevailing in multiple state court bench trials and in variety of appeals to Texas Supreme Court.
• Prosecuted theft, conspiracy, RICO, and Computer Fraud and Abuse Act claims by national job board company against former President based on alleged hacking and theft-related conduct associated with the misappropriation of confidential user information.
• Represented national restaurant chain regarding various construction and landlord/tenant disputes, including several favorable dispositive summary judgment ruling.
• Defended major electric and gas utility against variety of personal injury, property damage, and wrongful death claims, including multiple defense verdicts after trial to jury  and multiple dispositive summary judgment rulings.
• Successfully obtained dispositive summary judgment rulings in favor of medical insurer defendant in negligence and medical malpractice lawsuit seeking several millions of dollars in damages, which was affirmed on appeal to the Fourteenth Court of Appeals (McCoy v. FemPartners, Inc., 484 S.W.3d 201 (Tex. App.—Houston [14th Dist.] 2015, no pet.).
• Successfully defended real estate developer in lawsuit involving development of Downtown Houston city block and pedestrian tunnel access rights.
• Represented multiple hedge funds in plaintiff-side fraud suit in the Southern District of New York against Greek shipping company
• Represented leading rooftop solar energy company in variety of lawsuits, arbitration, and other customer disputes.
• Defense of Key Energy and its officers and directors in securities class action; the district court granted our motion to dismiss in April 2016, and no appeal was taken (In re Key Energy Svcs. Sec. Lit., 166 F.Supp.3d 822 (S.D. Tex. 2016)).
• Defense of Independent Directors, CEO, and CFO of IDEV Technologies, Inc. before trial court, appellate court, and the Texas Supreme Court and the Delaware Court of Chancery and the Delaware Supreme Court, won three motions to dismiss and two appellate court victories (Pinto Technology Ventures, L.P., et al. v. Sheldon, et al., 526 S.W.3d 428 (Tex. 2017); Sheldon v. Pinto Technology Ventures, L.P., et al., 2019 WL 336985 (Del. Ch. Ct. Jan. 25, 2019).
• Advised variety of companies and their officers and directors in securities class actions, fiduciary duty lawsuits, shareholder demands, and suits challenging mergers, books and records demands, and other director and executive matters.
• Advised ride sharing company in lawsuit alleging unfair business practices and violations of regulatory requirements for taxi operators
• Obtained summary judgment in favor of tank rental defendant on all breach of contract claims asserted by counter-party plaintiff, Pipeline Track LLC (d/b/a JPL RFID) v. Tidal Tank Inc., et al., Cause No. 2022-51552, Harris County Dist. Ct.

Transaction Advisory Experience

• Representation of ConocoPhillips in acquisition of Shell Enterprises LLC’s prolific Delaware basin position for $9.5 billion
• Representation of major international E&P company in a series of transactions involving the disposition of oil and gas exploration and producing properties and refinery in Permian Basin and complex transfer of operatorship to purchaser for approximately $250 million
• Drafted indemnification agreement and advised regarding sale of helicopter transportation company via stock purchase agreement and transfer of litigation and liabilities for $40 million

Professional Activities, Memberships & Affiliations

• Law Day Board Member, Houston Bar Association
• Member, Houston Young Lawyers Association
• Houston Volunteer Lawyers Program, various pro bono matters
• LegalLine, recurring participation in pro bono program