Concentration

Civil trial law, focusing on energy litigation, complex business disputes and pharmaceutical litigation

Summary

Paul Elliott has represented clients in lawsuits throughout the country, as well as in domestic and international arbitrations. He has represented both large and small companies in business disputes, both as plaintiffs and as defendants, and often in matters involving the energy industry. He assisted his clients in defeating a $274 million international arbitration claim and obtaining a $121 million award on his client’s counterclaims. His experience in pharmaceutical matters includes the handling of products liability and commercial disputes, as well as defense of consumer class and attorney general actions.

Following graduation from law school, Mr. Elliott served as a law clerk to the Honorable Homer Thornberry of the United States Court of Appeals for the Fifth Circuit.

Representative Engagements

Energy and Petrochemical Disputes

• Drummond Coal – dispute over exchange and valuation of coal and coalbed methane reserves
• Australian-American Energy Co. – injunction and arbitration action involving coal-to-liquids project
• Imperial Sugar – action seeking to enforce coal supply agreement
• Lyondell – multiple domestic and international arbitrations involving global chemical joint ventures
• NRG – arbitrations of dispute over lignite supply and coal pricing
• Noble Drilling – dispute concerning $150 million upgrade and agreement for a deepwater semisubmersible drilling rig
• Dynegy – injunction action concerning acquisition of Enron pipeline
• HL&P – defense of fraud and breach of contract claims involving lignite leases with lost profit claims of $1 billion
• HL&P – disputes concerning long-term lignite and coal supply for an electrical generation station
• HL&P – valuation and ad valorem taxation of lignite reserves
• Occidental Chemical – dispute concerning environmental indemnification, cost sharing and liability as part of an asset purchase agreement

Pharmaceutical

• Merck & Co., Inc.  – multistate defense of products liability claims involving pediatric vaccines
• Merck & Co., Inc. – defense of products liability litigation involving refocoxib (Vioxx™)
• Leading pharmaceutical manufacturer – pre-launch litigation risk assessment of proposed new drug
• Leading pharmaceutical manufacturer – national counsel for vaccine products liability litigation
• Knoll Pharmaceuticals – multiple state and class actions involving RICO and antitrust claims concerning levothyroxine sodium (Synthroid™)
• Roche – breach of contract action involving diabetes testing devices and alleged lost profits of $353 million

Other Complex Business and Securities Litigation

• Boeing – defense of qui tam action involving the NASA Space Shuttle program
• Leading Energy Company – internal investigation and defense of potential SEC and U.S. Attorney actions
• Lyondell – defense of multiple securities actions involving $12.2 billion merger with Basell
• CCH – trade secret dispute involving state legislation software
• Glenmede Trust – defense of securities and derivative action
• Mesa Inc. – defense of class and derivative actions alleging securities fraud, breach of fiduciary duty and breach of contract
• Pennzoil – injunction action concerning merger with Shell