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Jeffrey S. Johnston

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Johnston, Jeffrey S.

Biography
Jeff's practice focuses on complex business litigation and government and internal investigations. He has tried cases in both state and federal courts and before private arbitration panels. Jeff is a member of the firm's Securities Litigation Practice Group and its Government Investigations and White Collar Criminal Defense Practice Group, representing companies, officers, directors, and auditors in securities litigation, DOJ and SEC investigations, and internal investigations and counseling clients on issues related to the Foreign Corrupt Practices Act. He is also a member of the firm's Antitrust Practice Group, representing clients in antitrust litigation and counseling corporations and trade associations on antitrust issues. Jeff also represents accounting firms in professional liability litigation and government investigations. He was selected to Super Lawyers' Texas Rising Stars list for seven years and since 2013 has been selected to Super Lawyers' Texas Super Lawyers list of outstanding attorneys.


Representative Experience
Securities Litigation
  • Represented a medical device manufacturer in shareholder litigation alleging that the company fraudulently accounted for its stock option expenses and misled investors about the market for its device and to the prospects for FDA approval; this matter was twice dismissed by the trial court and affirmed by the Fifth Circuit Court of Appeals
  • Represented the former chairman of the board of a public company in a number of securities fraud class actions, shareholder derivative cases, and an SEC investigation; working with California counsel, obtained the dismissal of securities fraud claims brought in federal court seeking billions of dollars in damages
  • Defended a national accounting firm in class action shareholder litigation, alleging that the accounting firm committed securities fraud, and a related SEC investigation; obtained dismissal of the securities fraud claims and the SEC took no action against our client
Investigations and Government Enforcement Actions
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  • Representing an international E&P company in an SEC investigation arising out of an acquisition
  • Represented a chemical company in an SEC investigation of a potential merger
  • Representing a stock market analyst in an SEC investigation
Business Litigation
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  • Represented an energy company in an arbitration proceeding related to the financing of an offshore oil and gas project, obtaining take-nothing award in our client’s favor
  • Represented a major American airline in a confidential arbitration proceeding related to its regional airline service, obtaining an award in the airline’s favor
  • Represented a pipeline company in a suit related to the breaches of representation and warranties in a pipeline purchase agreement
Accounting Firm Representation
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  • Defended a national accounting firm in a confidential arbitration proceeding, obtaining a unanimous take-nothing arbitration award
  • Defended a national accounting firm in class action shareholder litigation, alleging that the accounting firm committed securities fraud, and a related SEC investigation; obtained dismissal of the securities fraud claims and the SEC took no action against our client
  • As lead counsel, obtained dismissal of all claims against an English accounting firm in a tax malpractice case brought in federal court
Antitrust
  • Defended a large hospital against antitrust claims arising from the implementation of a sole provider agreement for anesthesia services; obtained a take-nothing award after a one-week arbitration, which was confirmed by a federal district judge and affirmed by the Fifth Circuit Court of Appeals
Prior results do not guarantee a similar outcome.

Education and Professional Background
  • The University of Texas School of Law, J.D. with honors, 1997 (Associate Editor, Texas Law Review; Order of the Coif)
  • Creighton University, B.S.B.A. Economics and Finance magna cum laude, 1994 (Beta Gamma Sigma)
  • Admitted to practice: Texas, 1997
Professional Recognition
  • Legal 500 U.S. in securities and shareholder litigation, 2014
  • Selected to the Texas Super Lawyers list, Super Lawyers, 2013 and 2014
  • Selected to the Texas Rising Stars list, Super Lawyers, 2005 - 2006, 2008 - 2012
Activities and Affiliations
  • Board of Directors, Cystic Fibrosis Foundation, Texas Gulf Coast Chapter; Jesuit Volunteer Corps. South
  • Member, Section of Litigation, Antitrust Section, American Bar Association; Section of Business Litigation, State Bar of Texas; Antitrust Section, Houston Bar Association
Publications and Presentations
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Jeffrey S. Johnston
Partner
1001 Fannin Street
Suite 2500
Houston, TX 77002-6760

Tel  +1.713.758.2198
Fax  +1.713.615.5920
jjohnston@velaw.com

Industries/Practices
Securities Litigation and Enforcement

White Collar Criminal Defense

Foreign Corrupt Practices Act

Commercial and Business Litigation

Director and Officer Liability

Accounting Firm Representation

Antitrust

Energy/Oil and Gas

Arbitration and ADR