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Commercial and Business Litigation

Experience Highlights

  • (Del.); (Del. Ch.) – Obtained post-trial opinion permitting Energy Transfer Equity, LP to terminate merger agreement with The Williams Companies based on failure of condition precedent relating to the provision of a tax opinion; the Delaware Supreme Court affirmed the decision. The Williams Companies, Inc. v. Energy Transfer Equity, L.P., 2016 WL 3576682 (Del. Ch. June 24, 2016), aff’d, 159 A.3d 264 (Del. 2017)

  • (S.D.N.Y) — Obtained complete dismissal of putative class action fraud and consumer protection claims on behalf of professional sports team following motion to dismiss

  • (Tex. App. − El Paso); (Tex. Dist. — El Paso Cty.) — Defended a Houston-based energy firm and obtained a favorable jury verdict in a $400 million (net) 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; the matter was upheld by the El Paso Court of Appeals, and petition before the Texas Supreme Court was denied

  • (Colo. Dist. – Denver Cnty.) — Obtained one of the largest Colorado state court judgments on record – $241 million – on behalf of an energy company

  • (La. Dist. – Orleans Parish) — Secured $125 million judgment following a jury verdict for Huntsman Corporation in its contract dispute with gas supplier, Praxair, Inc.

  • (Third Circuit) – Secured on appeal affirmance of dismissal of claims for indemnification and advancement of legal fees against a major financial institution

  • (Colo. Dis. – Denver Cnty.) – Secured a jury verdict for $97 million (net) in damages on behalf of Antero Resources; the defendants failed to take delivery of natural gas under long-term sales agreements forcing Antero to sell the gas at a loss; under the contracts, Antero was entitled to cover damages, but the defendants claimed force majeure; in addition, the defendants filed a counter-claim seeking $37 million in damages; following a two week trial, the jury awarded Antero $97 million (net) in damages, rejected the force majeure defense and rejected the defendants counter-claims

  • (U.S.); (5th Cir.); (W.D. Tex.) — Obtained the complete dismissal of a landmark suit filed against a social networking website involving a sexual assault committed against one of its users; successfully defended the trial court’s dismissal in the Fifth Circuit and United States Supreme Court

  • (Tex. Dist. − Harris Cnty.) — Obtained seven figure (net) settlement for an international temporary staffing company in a breach of contract and tortious interference suit against a local IT-infrastructure contractor

  • (Del.); (Del. Ch.) – Obtained reversal from the Delaware Supreme Court of an injunction entered by Delaware Chancery Court in lawsuit arising from a proposed transaction involving C&J Energy Services, Inc. and a subsidiary of Nabors; the Court of Chancery subsequently granted defendants’ motion to dismiss, and the Delaware Supreme Court affirmed the dismissal. C&J Energy Servs., Inc. v. City of Miami Gen. Employees’, 107 A.3d 1049 (Del. 2014), on remand, 2016 WL 4464274 (Del. Ch. Aug. 24, 2016), aff’d, 158 A.3d 885 (Del. 2017)

  • (Tex. Dist. − Harris Cnty.) — Obtained seven figure (net) settlement for an international temporary staffing company in a breach of contract and tortious interference suit against a local IT-infrastructure contractor

  • (D. Colo.) — Represented an energy company in a dispute regarding whether a Market Disruption Event had occurred under the terms of their long term NAESB contracts for natural gas, impacting price to be paid; the jury unanimously found that the plaintiff breached the contracts and awarded a $60 million (net) verdict in favor of the client

  • (S.D. Tex.) — Successfully represented producer of Akaushi Beef against claims of conspiracy to restrain trade and monopolization in the market for premium beef in the United States; after a seven day trial, the jury found in favor of the client, awarding both actual and exemplary damages

  • (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

  • (Tex. Dist. – Harris Cnty.) — Obtained dismissal of $400 million alleged fraud claims brought by spouse of executive against international energy trading company, based on personal jurisdiction and mandatory forum selection

  • (Tex. Dist. − Harris Cnty.) — Obtained a $17 million (net) dollar verdict in district court in Harris County, Texas, for a commercial landlord in a six-week jury trial of a breach of lease case; the verdict included a full award of attorneys’ fees

  • (Del.) – Obtained dismissal from Delaware Chancery Court and affirmance from the Delaware Supreme Court of claims arising from take-private transaction of publicly traded MLP by the owner of its general partner; obtained dismissal of related action in Delaware federal court. Allen v. Encore Energy Partners, L.P., 72 A.3d 93 (Del. 2013)

  • (AAA Arbitration) — Obtained complete defense award on behalf of a global biotechnology tools company in a $100 million dispute involving a shareholder dispute over earnout provisions in a merger agreement

  • (AAA Arbitration) – Won a complete defense award for the owner of a midstream bulk liquids terminal after a multi-week arbitration against the terminal’s former operator; the operator sought $27 million in lost profits damages, plus attorneys’ fees, after our client terminated its contract for cause; the operator recovered nothing on its claims and was ordered to pay damages on our client’s counterclaims; at trial, cross examined Claimant’s liability expert witness and key fact witnesses and direct examined multiple fact witnesses, including our client’s corporate representative

  • (AAA Arbitration) — Represented an Eagle Ford Shale non-operator in breach of contract claims against operator for excessive affiliate charges under the parties’ agreements, seeking recovery of $150 million in overcharges

  • (AAA Arbitration) – Obtained a seven-figure (net) arbitration award for the developer of an underground natural gas storage facility in Brazil against the project’s reservoir engineering contractor in connection with the engineering contractor’s performance of front end engineering and design services; cross examined Claimant’s expert witness on damages and fact witnesses and direct examined our client’s corporate representative at the arbitration hearing

  • (AAA Arbitration) – Represented a private equity investor against an oil and gas company operator concerning mismanagement and faulty accounting of joint operations; secured complete victory for the client, including an award of attorneys’ fees, following a two-day arbitration