Marisa Secco Giles

In bet-the-company matter, obtained preliminary injunction preventing Texas licensing board from bringing administrative action to revoke client’s approval to train candidates to be classroom teachers; following a favorable settlement and independent audit, client’s state accreditation was restored

Represented SPAC in expedited action for specific performance of business combination agreement in Delaware Chancery Court

Successfully defended a nationwide operator of student-focused apartment homes against federal and state antitrust claims that it used revenue management software to coordinate prices with competitors; obtained complete dismissal of the claims under Rule 12(b)(6)

Defending fintech company in Delaware Court of Chancery against breach of contract and fraud claims brought by SPAC related to terminated de-SPAC transaction

Defended golfing corporation in suit for terminating a lease under force majeure; presented briefing and oral argument within a few weeks, ultimately convincing the court to deny temporary injunction and precipitating a settlement shortly thereafter

Represented multi-state amenity management company in a trade secret and contract dispute; obtained multiple temporary restraining orders and favorable settlement

(Del. Ch.) – Represented sellers of technology company in Delaware Court of Chancery on breach of contract and fraud claims related to sales pipeline and accounting issues

Represented joint venture partner in five-day bench trial on breach of Delaware LLC agreement regarding rights of first refusal and sale of interest in joint venture

Representing seller of major league baseball team in post-closing merger dispute regarding liability for federal taxes

Representing cloud commerce company in post-closing merger dispute regarding sales contracts and post-closing tax liability

Defended retailer and certain of its officers in federal securities action and derivative lawsuits in Texas federal court alleging violations of Section 10(b) of the Securities Exchange Act arising from restated financials

In advance of summary judgment, obtained favorable settlement of securities fraud claims challenging exploration and production company’s disclosures in merger proxy statement

Representing subsidiary of Fortune 500 company in ICC Arbitration in defense and indemnity dispute relating to underlying highway construction dispute

Representing terminalling company in complex insurance recovery matter related to fire incident

Represented terminalling company in AAA Arbitration in breach of contract suit related to construction services; obtained favorable settlement

Defending Fortune 1000 energy company in expedited lawsuit challenging major commercial transaction in Pennsylvania state court 

Obtained complete dismissal on behalf of four Texas cities of declaratory judgment suit brought by water district in Texas state court

Defending monetary authority in two adversary proceedings alleging fraudulent transfer in bankruptcy court in the Southern District of New York 

Represented independent oil & gas services company debtor in Chapter 15 bankruptcy proceedings in Western District of Texas and related adversary class action litigation; obtained complete dismissal of adversary proceeding class action

Defended nutrition company against preliminary injunction sought by dissident shareholders in proxy contest  

First chair trial attorney in US Tax Court case involving the allocation of income between corporate agent and principals 

Prosecuted breach of merger agreement claim with underlying transfer pricing tax issues in Texas federal court and defended related arbitration on behalf of the sellers of an oilfield services company

Defending a foreign monetary authority in a federal lawsuit relating to the R. Allen Stanford $8 Billion Ponzi scheme

Representing numerous amici in an appeal pending in the Supreme Court of Texas

Assisted in obtaining complete dismissal on basis of ERISA preemption of claims by a class of current and former employees against a large insurance company, asserting that the company’s long-term disability policy violated state and federal law 

Assisted in representation of a debt-buying entity in a fraud and breach of contract action in federal district court