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James Daniel Thompson, III
James Daniel Thompson, III
Experience | Education | Recognition | Activities | Publications
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Biography
Educated and trained originally as a petroleum engineer, Jim is a trial attorney with over 25 years of experience and is located in the firm's Houston office. His practice is focused on complex commercial litigation, with an emphasis on energy-related matters. He has handled matters in a wide variety of other fields as well, including accounting malpractice, international arbitration, lender liability, product liability, deceptive trade practices/consumer protection, toxic tort, antitrust, construction, qui tam/false claims, and class action litigation. Jim has argued a number of appeals before the Fifth Circuit and various Texas Courts of Appeal.
Jim has handled lawsuits and appeals in state and federal courts located in Texas, Louisiana, New Mexico, Utah, Colorado, Oregon, Ohio, Pennsylvania, Kentucky, California, Florida, and Mississippi. His Texas state court practice has encompassed matters in more than 65 Texas counties. Jim also has appeared at the Railroad Commission of Texas as an attorney and as a technical witness, and handled matters before the Federal Energy Regulatory Commission and the Minerals Management Service. Jim also has served as an arbitrator and mediator on energy-related disputes.
Jim currently serves as the co-chair of the Firm's Complex Commercial Litigation practice group, as chair of the Firm's Shale and Hydraulic Fracturing Task Force, and as a member of the Firm's Management Committee.
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Representative Experience
Energy Litigation View All
- Currently defending and counseling clients on litigation related to hydraulic fracturing in shale formations and tight sands
- As lead trial counsel, defended a Houston-based energy firm in a $400 million damage suit arising from the termination of an oil supply contract with a refinery involving claims of usury, breach of contract, fraud, and various business torts; a favorable “take nothing” jury verdict was rendered; the matter was upheld by the El Paso Court of Appeals, and petition before the Texas Supreme Court was denied
- As lead trial counsel, defended a group of royalty and working interest owners in Texas state court in a title lawsuit brought by a number of individuals claiming to be the rightful mineral owners to a producing tract of land; estimated value ranged at over $500 million; summary judgment rendered in favor of our client on all issues; this matter was upheld on appeal
International Arbitration and Litigation
- As lead trial counsel, defended multiple affiliated companies in Texas federal court in a lawsuit brought by a French energy company alleging various breaches of the representations and warranties in a stock purchase agreement involving the sale of two international(Nigerian) energy companies; the plaintiff's allegations included breach of contract, fraud, fraudulent inducement, and negligent misrepresentation and claimed damages exceeded $400 million; after extensive discovery, summary judgment was granted on behalf of our clients on all counts; argued the appeal at the Fifth Circuit, which affirmed the judgment
- As lead trial counsel, defended an international exploration and production company in an international arbitration pending before the American Arbitration Association/International Center for Dispute Resolution in a $6 million dispute brought by a drilling contractor alleging breach of contract; matter involved defenses of force majeure and contract frustration; portions of this matter were successfully settled prior to arbitration, the remainder will be arbitrated
- As lead trial counsel, defended an international exploration and production company in an international arbitration pending before the AAA/ICDR in a dispute brought by a drilling contractor alleging breach of contract and damages in excess of $3 million
Domestic Arbitration and ADR
- As lead trial counsel, successfully tried a domestic arbitration under the CPR Rules on behalf of a major oil and gas company involving a dispute among Joint Interest Owners under a model form Joint Operating Agreement
- Defended an exploration and production company in a domestic arbitration proceeding involving $6 million in dispute brought by a non-operating working interest owner alleging breach of contract under a Joint Operating Agreement; matter arbitrated before a panel of three arbitrators and a decision rendered in favor of our client on 95% of those matters in dispute
False Claims/Qui Tam Litigation
- Currently defending a large independent oil and gas producer in a False Claims Act lawsuit pending in the Eastern District of Texas relating to natural gas and natural gas liquid royalties
- Defended domestic energy companies in a False Claims Act lawsuit pending in the Eastern District of Texas relating to the use of "posted prices" in valuing crude oil transactions; case settled on terms very favorable to our clients
Class Actions and Multi-District Litigation
- Defended multiple clients in Texas federal court in multi-district litigation comprising a series of cases brought by a purported national class of royalty interest owners alleging antitrust violations, fraud, conspiracy and breach of contract
- Currently defending a large independent oil and gas producer in multiple related lawsuits (individual and class) alleging the underpayment of royalties on natural gas and natural gas liquids
Appellate View All
- Perenco Nigeria Limited v. Ashland Inc., 242 F.3d 299
- National Steel Corp. v. Scurlock Permian Corp., 95 F.3d 48
- Benchmark Electronics v. J.M. Huber Corp., 343 F.3d 719
Prior results do not guarantee a similar outcome.
Education and Professional Background
- South Texas College of Law, J.D., 1986
- Texas A&M University, B.S. Petroleum Engineering, 1981
- Mobil Oil Corporation, Operations and Reservoir Engineer, 1981-1986; engaged in drilling and reservoir operations, including the design and implementation of secondary and tertiary recovery projects in South and West Texas
- Admitted to practice: Texas, 1986; United States Supreme Court; U.S. District Courts for the Southern, Eastern, and Western Districts of Texas; U.S. Court of Appeals for the Fifth Circuit; all Texas state courts
Professional Recognition
View All
- "Leading lawyer" in energy litigation, Legal 500 U.S., 2008 - 2011
- Chambers USA: America's Leading Business Lawyers in energy and natural resources: dispute resolution law, 2008 - 2011
- The Best Lawyers in America® in oil and gas law, 2012
Activities and Affiliations
View All
- Advisory Council: College of Geosciences, Texas A&M University
- Board of Directors: South Texas College of Law
- Past Co-Chair: Energy Committee, American Bar Association's Section of Litigation
Publications and Presentations
- "Admitting and Excluding Documents," How to Offer and Exclude Evidence, University of Houston Law Foundation Seminar
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Full Biography
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First City Tower 1001 Fannin Street Suite 2500 Houston, TX 77002-6760
Tel +1.713.758.4502
Fax +1.713.615.5765
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