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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

Texas Tower
845 Texas Avenue
Suite 4700
Houston, Texas 77002

Stacey Neumann Vu

Corporate Governance / Fiduciary Duty Litigation

  • (Tex. Dist. – Galveston Cnty.; Tex. App. – Houston [1st Dist.]) – Represented officers and directors of a public insurance company in a putative shareholder derivative lawsuit against allegations that they breached fiduciary duties in connection with the company’s incurrence of substantial foreign fine; secured dismissal on the pleadings which was affirmed in the court of appeals

  • (Tex. Dist. – Harris Cnty.) – Defended an officer and director of a public company against claims that client conspired with law firm and trustee to breach fiduciary duties; secured dismissal on the pleadings of purported $100 million claim

  • (Tex. Dist. − Harris Cnty.; Tex. App. – Houston [14th Dist.]) — Represented a Texas law firm in a derivative malpractice action brought by a foreign investor in a real estate partnership; successfully argued to court of appeals to compel arbitration

  • (S.D. Tex.; 5th Cir.) — Represented a public insurance company in a Sarbanes-Oxley lawsuit brought by an insurance agent; secured dismissal on the pleadings which was upheld by the Fifth Circuit (team member)

  • (Tex. Dist. – various; S.D. Tex.) — Representing transmission and distribution utilities in multiple cases involving claims of wrongful death and property damage arising out of the February 2021 Texas winter storm

  • (N.D. Ohio.) — Representing regional grocery chain pharmacy in multi district litigation involving distribution and dispensation of prescription opioid medications

  • (Tex. Dist. − Hidalgo Cnty.) — Represented regional grocery chain pharmacy in putative class action concerning prescription drug pricing; after class certification hearing, secured summary judgment dismissing plaintiff’s individual claims and award of costs to client

  • (Tex. Dist. − Harris Cnty.) — Represented hospital in two cases brought by a doctor alleging civil rights violations, defamation, tortious interference, negligent hiring and supervision, and intentional infliction of emotional distress. In initial case, the court granted summary judgment in favor of the hospital and subsequently awarded it extensive sanctions to punish the doctor’s abusive litigation conduct. In subsequent case, secured dismissal on the pleadings and award of attorneys’ fees (lead counsel)

  • (Tex. Dist. − Harris Cnty.; Tex. App. – Houston 14th Dist.]) — 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. The decision was upheld by the court of appeals, and the Texas Supreme Court denied review (trial team member)

  • (Tex. Dist. − Harris Cnty.; Tex. App. – Houston [14th Dist.]) — 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)

  • (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)

  • (Tex. Dist. – Harris Cnty.) – Represented pipeline in litigation alleging alleged theft of trade secrets and tortious interference with contract; settled favorably after filing motion to dismiss on the pleadings (second chair)

  • (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.; 5th Cir.) — Represented Fortune 150 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)

  • (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.) — Represented Fortune 500 petroleum company in litigation with Internal Revenue Service involving deductibility of $119 million loss incurred upon liquidation of foreign assets; case favorably settled after court compelled IRS to produce internal records regarding interpretation of regulation at issue (second chair)

  • (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 (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

  • (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

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, 2014–2016, and 2022
  • Legal 500 U.S., Antitrust: Civil Litigation/Class Actions: Defense, 2020 and 2021
  • Life Fellow: Texas Bar Foundation
  • The Pro Bono College of the State Bar of Texas (2006)
  • Texas
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Courts for the Southern, Northern, Western, and Eastern Districts of Texas
  • “Avoiding Sanctions, Grievances & Malpractice in Litigation,” Houston Bar Association 2017 Civil/Appellate Bench Bar Conference, April 6, 2017 (moderator)
  • “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