Concentration

Summary

Representative Engagements

• Represented mutual-fund adviser in U.S. Supreme Court case establishing standard for challenges to adviser compensation under the Investment Company Act (Jones v. Harris Associates, L.P., 130 S. Ct. 1418 (2010))
• Successfully represented telecom, grocery, and data-management companies in persuading Fifth Circuit to reject potential multibillion-dollar claims in case of first impression under the Drivers Privacy Protection Act (Taylor v. Acxiom Corp., --- F.3d ---, 2010 WL 2765261 (July 14, 2010)) (briefed and argued)
• Represented member of foreign ruling family in successful Fifth Circuit defense of personal-jurisdiction dismissal (Nabulsi v. al-Nahyan, 2010 WL 2546081 (5th Cir. June 17, 2010)) (briefed and argued)
• Persuaded Fifth Circuit to vacate Board of Immigration Appeals' decision denying asylum to pro bono clients (Orellana-Monson v. Holder, 08-60394 (5th Cir. 2010)) (briefed and argued)
• Persuaded Fifth Circuit to reverse bench-trial verdict in fiduciary-duty case relating to oil and gas leases. (Fisher v. Miocene Oil & Gas Ltd.,335 Fed App'x 483 (5th Cir. 2009)) (briefed and argued)
• Successfully opposed U.S. Solicitor General's petition for certiorari in case involving method for calculation of estate tax on stock in closely-held companies (Comm'r v. Estate of Jelke, 129 S.Ct. 168 (2008))
• Successfully represented domestic energy company in ERISA stock-drop class action presenting issues of first impression in the Fifth Circuit. (Kirschbaum v. Reliant Energy, Inc., 526 F.3d 243 (5th Cir. 2008)
• Assisted in persuading Second Circuit to reverse injunction against Remote Storage DVR under various provisions of Copyright Act (Cartoon Network LP v. CSC Holdings, Inc., 536 F.3d 121 (2d Cir. 2008), cert. denied, 129 S.Ct. 2890 (2009))
• Represented foreign energy company in obtaining dismissal of a multibillion-dollar lawsuit for lack of personal jurisdiction (Moncrief Oil Int'l v. OAO Gazprom, 481 F.3d 309 (5th Cir. 2007)) (briefed and argued)
• Represented investment bank in obtaining reversal of billion-dollar jury verdict in securities-fraud case. (Morgan Stanley & Co. v. Coleman (Parent) Holdings Inc., 955 So. 2d 1124 (Fla. App. 2007))
• Successfully represented maker of nutritional supplements in the Fifth Circuit against claims of age discrimination by a company executive (White v. Omega Protein Corp., 226 Fed. App'x 360 (5th Cir. 2007)) (briefed and argued)
• Persuaded Ninth Circuit to reject United States' interlocutory appeal of key evidentiary ruling in criminal prosecution against domestic energy company, resulting in ultimate dismissal of all charges on favorable terms (United States v. Reliant Energy Servs., Inc., 188 Fed. App'x 629 (9th Cir. 2006))
• Represented white-collar criminal defendants in Fourth Circuit appeal of bank fraud convictions (United States v. Agnew, 147 Fed. App'x 347 (4th Cir. 2005)) (briefed and argued)
• Obtained dismissal of former CIA operative's constitutional claims against senior Executive Branch official. (Wilson v. Libby, 498 F.Supp.2d 74 (D.D.C. 2007))
• Co-authored U.S. Supreme Court amicus brief for Veterans of Foreign Wars that was cited 12 times in the plurality and concurring opinions of the Court. (Salazar v. Buono, 130 S. Ct. 1803 (2010))
• Drafted numerous amicus briefs on behalf of corporate and nonprofit clients in various courts of appeals and the U.S. Supreme Court.

Publications, Speeches and Presentations

• "Can Privilege Rulings Be Immediately Appealed?" National Law Journal, February 27, 2006 
• "The Supreme Court of Texas: A Balanced Court," Federalist Society for Law & Public Policy, 2008
• "What Really Goes at the United States Supreme Court" (with Evan Young), University of Texas Conference on State and Federal Appeals, 2010

• "The Supreme Court's Decisions: How They Affect Us," Panelist, Houston 8, Houston PBS (aired July 8, 2010)
• "U.S. Supreme Court's 2009 Term in Review," Moderator, Houston Federalist Society, Houston, July 2010
• "What Really Goes at the United States Supreme Court" (with Evan Young), University of Texas Conference on State and Federal Appeals, Austin, June 2010
• "An Educated Observer's Guide to the Sotomayor Confirmation Hearings" (with Jeff Oldham), Houston Bar Association Appellate Section, Houston, July 2009; University of Houston Law School (with Jeff Oldham), October 2009 
• "U.S. Supreme Court's 2008 Term in Review," Moderator, Houston Federalist Society, Houston, July 2009; Panelist, University of Texas School of Law, Austin, September 2009   
• "The U.S. Supreme Court: A Look Inside From Former Clerks," Panelist, TexasBar Bill of Rights CLE Course, Houston, May 2009 
• "The Supreme Court's Decision in Boumediene v. Bush," Panelist, Ave Maria School of Law, Ann Arbor, April 2009
• "The Debate Over Federal Preemption," Panelist, University of Texas School of Law, Austin, February 2009
• "The Upcoming Term of the Texas Supreme Court," Panelist, Dallas Federalist Society, Dallas, October 2008
• "New Media and the Courts," Panel Moderator, University of Arizona's Rehnquist Center for Constitutional Structures, Tucson, September, 2008
• "U.S. Supreme Court's 2007 Term in Review," Thomas Cooley Law School, Lansing, April 2008; Fund for American Studies' Legal Studies Institute, Washington DC, June 2008
• "The Legacy of Chief Justice Rehnquist," Texas Tech University Law School, Lubbock, November 2007
• "The 2006 Term and the Future of the Roberts Court," Fund for American Studies' Legal Studies Institute, Washington DC, July 2007; St. Mary's Law School, San Antonio, September 2007
• "U.S. Supreme Court's 2006 Term in Review," Panelist, Houston Federalist Society, Houston, June 2007; University of Texas Law School, Austin, August 2007
• "What to Expect From the Roberts Court," Baylor Law School, Waco, April 2007; University of Georgia Law School, Athens, April 2007
• "Separation-of-Powers Tug of War in the Supreme Court's Terrorism Cases," Georgia State University Law School, Atlanta, April 2007
• "Chief Justice Rehnquist Remembered," Guest Host, Online Discussion, www.washingtonpost.com, September, 2005