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Stacey Neumann Vu
Stacey Neumann Vu
Counsel — Commercial & Business Litigation
Counsel — Commercial & Business Litigation

Stacey Neumann Vu

Stacey Neumann Vu
Houston

1001 Fannin Street
Suite 2500
Houston, TX 77002

Stacey Neumann Vu

Stacey’s practice focuses primarily on antitrust and other commercial litigation, with an emphasis on handling complex legal and factual issues that require careful research, analysis, and strategy. In her more than ten years of trial practice, she has litigated antitrust cases involving claims of price- and supply-fixing, group boycott, exclusive dealing, tying, monopolization, and conspiracy. In addition, she has handled contractual and business tort disputes and suits involving Lanham Act, RICO, ERISA, and federal tax claims. Stacey’s clients include Fortune 150 corporations and other major companies in a variety of industries, such as petrochemical, petroleum, telecommunications, grocery, agriculture, and health care.

Experience Highlights

  • (N.D. Tex.) — Represented a cell tower operator and its executives in federal court in Dallas against a competitor, the nation’s largest tower company; prosecuted and defended against numerous claims, including RICO, antitrust, Lanham Act, business disparagement, and tortious interference; defended individual executives accused of RICO violations, and subsequently obtained summary judgment dismissing competitor’s RICO and antitrust claims (trial team member)

  • (W.D. Tex.) — Obtained dismissal with prejudice of a bankrupted produce supplier’s Sherman Act Section 1 (distribution channel foreclosure), Sherman Act Section 2 (attempted monopolization), and Clayton Act Section 7 (merger-to-monopoly) claims against a large grocery chain; demonstrated that limitations barred supplier’s claims, notwithstanding its “continuing violation” theory, and that supplier lacked antitrust standing to pursue retail monopolization claims

  • (Tex. Dist. − Harris Cnty.) — Represented an energy services company as plaintiff in a one week bench trial; successfully rescinded a warrant agreement based on mutual and unilateral mistake; the warrants at issue were valued at approximately $40 million (trial team member)

  • (U.S. Tax Court, 5th Cir.) — Represented the estate of a decedent in action against the Commissioner of Internal Revenue Service involving taxable valuation of fractional interests in artwork held by estate. After a trial, the Tax Court rejected the Commissioner’s argument regarding the acceptability of fractional interest discounting of artwork, but assessed an unfavorable discount amount. In a subsequent appeal, the Fifth Circuit rendered judgment adopting the discounts proposed by the estate at trial (trial team member)

  • (Del. Ch.) — Obtained judgment that the buyer in a $10 billion merger breached its obligations to use its reasonable best efforts to secure financing and consummate the merger with the client. Actively participated in a successful trial briefing that led to the development of the current law related to the enforcement of material adverse effect clauses in the merger context (trial team member)

  • (E.D. Tex.) — Successfully assisted in the defense of the nation’s largest health care GPO in a $600 million antitrust action alleging exclusive dealing and challenging bundled discount arrangements; GPO client settled before trial with no cash payment

  • (E.D. Pa.) — Represented defendant egg producer in the Processed Egg Products Antitrust Litigation class action in federal court in Philadelphia

  • (D. Md.) — Represented defendant specialty chemical company in the Titanium Dioxide Antitrust Litigation class action in federal court in Maryland

  • (D. Kan.) — Represented defendant specialty chemical company in the Urethane Antitrust Litigation direct purchaser class action in federal court in Kansas

  • (D. Mass.) — Represented defendant specialty chemical company in Urethane Antitrust Litigation indirect purchaser class action in federal court in Massachusetts

  • (D. Colo.) — Obtained voluntary dismissal, with no cash payment, of antitrust claims brought against a major exploration and production company by a drug testing company alleging that exploration companies conspired to utilize the drug testing services of plaintiff’s competitor

  • (S.D. Tex.) — Represented a television program distributor in a breach of contract action brought against a broadcasting company; defended against broadcaster’s counterclaims alleging tying of television programs licensed in the contract

  • (Tex. Dist. − Harris Cnty. and Travis Cnty.) — Obtained summary judgments in two test cases (12 similar cases) where plaintiffs challenged insurance company’s agent rating system with multiple claims under the Texas antitrust, consumer protection, and insurance statutes

  • (Tex. Dist. − Harris Cnty.) — Representing a Texas law firm in a derivative malpractice action brought by a foreign investor in a real estate partnership

  • (W.D. Tex.) — Represented defendant telecommunications company in ERISA class action litigation brought by retirees seeking in excess of $1 billion in pension benefits and penalties; participated in trial on liability issues; subsequent to the trial, the court entered judgment dismissing the plaintiffs’ claims and awarding costs to defendant; the Fifth Circuit affirmed and the United States Supreme Court denied certiorari (trial team member)

  • (Tex. Dist. − Harris Cnty.) — Represented defendant insurer in an action brought by third party who had purchased, and sought to collect death benefit on, a $2.5 million policy insuring the life of a stranger. After a trial, the jury concluded that the insured had made material misrepresentations regarding her income and assets that justified rescission of the policy. The jury’s decision was upheld by the court of appeals, which concluded that actionable misrepresentations are not limited to statements regarding an applicant’s health or life expectancy (trial team member)

  • (Cal. Dist. − Los Angeles Cnty.) — Represented defendant insurer in an action brought by an insured alleging that insurance agents defrauded him in the purchase of a $3 million policy purchased with the intent to resell to third-party investor

  • (Tex. Dist. − Harris Cnty.) — Representing defendant hospital in litigation in Texas state court brought by a doctor alleging defamation, tortious interference with business relationships, negligent hiring and supervision, and intentional infliction of emotional distress. The court granted summary judgment in favor of the hospital and subsequently awarded it extensive sanctions to punish the doctor’s abusive litigation conduct

  • (Del. Ch.) — Tried case on behalf of a racing company and an individual in an attempted dissolution of the corporation; the court found in favor of client (trial team member)

  • (S.D. Tex.) — Obtained judgment dismissing claims brought by a worker kidnapped in Nigeria on the grounds that the court lacked personal jurisdiction over the Nigerian defendant

Credentials

  • Columbia University, J.D., 2004 (Articles Editor, 2003–2004, Staff Editor 2002–2003, Columbia Law Review; Harlan Fiske Stone Scholar; Olin Law and Economics Junior Fellow)
  • Rice University, B.A. cum laude, 1999 (President’s Honor Roll; Rice National Merit Scholar)
  • Judicial clerk to The Honorable Nancy F. Atlas, U.S. District Court for the Southern District of Texas, 2005
  • Selected to the Texas Rising Stars list, Super Lawyers (Thomson Reuters), 2009–2010, 2014 and 2016
  • Legal 500 U.S., Antitrust Civil Litigation/Class Actions: Defense, 2020
  • Texas
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Courts for the Southern, Northern, Western, and Eastern Districts of Texas
  • “What You Don’t Know About Competition Law Can Hurt You: An Update on Key Antitrust Issues,” V&E Houston Office, December 5, 2017 (speaker)
  • “Business Litigation: Theories, Claims, and Causes of  Action,” Texas College for Judicial Studies, April 17, 2008
  • Note, “Corporate Criminal Liability: Patchwork Verdicts and the Problem of Locating a Guilty Agent,” Columbia Law Review, Vol. 104, No. 459, 2004