Amy Pharr Hefley

Deputy Department Chair - Litigation (Houston) Partner

amy.hefley@bakerbotts.com

Houston

P: +1.713.229.1270 F: +1.713.229.2770
Amy Pharr Hefley Photo

Amy Hefley has tried cases to a decision on behalf of plaintiffs and defendants in both state and federal courts. She has substantial experience representing energy and petrochemical companies in a broad range of complex commercial litigation, including securities and shareholder litigation and business litigation involving fraud claims, fiduciary obligations, contracts, and other business torts. Ms. Hefley also represents companies and audit and special committees in internal investigations and investigations by government agencies, and she routinely advises clients on preventing and responding to operational and corporate compliance incidents. Additionally, Ms. Hefley has extensive experience handling appeals in a variety of state and federal courts.

Following graduation from law school, Ms. Hefley served as a law clerk to the Honorable Emilio M. Garza of the United States Court of Appeals for the Fifth Circuit and to the Honorable Ewing Werlein, Jr. of the United States District Court for the Southern District of Texas.

Related Experience

Securities and Shareholder Litigation

  • Defense of international E&P company and its officers and directors in securities fraud class action and related government investigations
  • Defense of energy infrastructure company and certain officers and directors in securities fraud class action and related derivative lawsuit
  • Defense of well-servicing contractor in securities fraud class action following SEC investigation
  • Defense of chemical producer and certain of its directors in shareholder suits challenging company’s acquisition by two private equity firms
  • Defense of titanium producer and its inside directors in litigation challenging its acquisition
  • Defense of an offshore drilling company in a series of shareholder class actions seeking to enjoin a merger
  • Defense of an oil and gas refining and marketing company and its officers and directors in class actions seeking to enjoin a merger
  • Defense of an oilfield services company and its officers and directors in shareholder class actions seeking to enjoin a merger
  • Defense of a biotechnology company and its officers and directors in a federal class action securities fraud suit, resulting in dismissal at the pleading stage
  • Defense of a private equity firm in derivative litigation concerning its investment in an oil and gas company, resulting in dismissal of successive cases for breach of fiduciary duty

Commercial Trial Matters

  • Represented petrochemical company in prosecuting $10 million breach of contract claim and defending against $4.5 million breach of contract claim; after two-week jury trial in Harris County, received a favorable judgment of over $10 million and a take nothing judgment on opposing side’s counterclaims
  • Prosecuted a patent infringement action for a major oilfield services company, resulting in a multi-million dollar verdict from a Dallas federal court jury
  • Obtained numerous verdicts in jury and bench trials for an electric and gas utility in a variety of lawsuits, including contract, property rights, property damage, and personal injury disputes
  • Prosecuted trade secret misappropriation and breach of license agreement claims for a provider of safety lighting products
  • Obtained dismissal of a putative federal court class action involving various antitrust claims for an international energy company
  • Prosecuted claims for breaches of representations and warranties in an asset purchase agreement, resulting in a favorable arbitration award

Corporate Investigations

  • Represented special litigation committee of oilfield services company and obtained dismissal of derivative suits
  • Represented audit committees of publicly traded companies in whistleblower investigations alleging code of conduct violations and other misconduct by senior executives
  • Represented audit committee of publicly traded company in internal investigation involving internal control and accounting issues
  • Represented audit committee of a publicly traded company in internal investigation to determine whether employees had participated in a transaction to defraud the company

Appeals

  • Successfully defended summary judgment based on exclusion of expert witnesses (Burst v. Shell Oil Co., 2016 WL 2989261 (5th Cir. May 23, 2016)
  • Briefed and argued successful defense of summary judgments on breach of contract and quantum meruit claims (Danford Maintenance Service, Inc. v. The Dow Chemical Company, 2013 WL 6388381 (Tex. App.—Houston [14th Dist.] Nov. 21 2013, no pet.))
  • Briefed defense of dismissal of shareholder derivative claims (Freuler v. Parker, 803 F. Supp. 2d 630 (S.D. Tex. 2011), aff’d, 517 Fed. App’x 227 (5th Cir. 2013))
  • Argued successful appeal of sanctions order (Union Carbide Corp. v. Martin, 349 S.W.3d 137 (Tex. App.—Dallas 2011, no pet.))
  • Successfully defended directed verdict in easement dispute (Rutherford v. CenterPoint Energy Houston Elec., LLC, 2011 WL 3359712 (Tex. App.–Houston [1st Dist.] Aug. 4, 2011, no pet.))
  • Briefed successful appeal resulting in the reversal of a multi-million dollar jury award and the rendition of a take nothing judgment in a Vioxx case (Merck & Co. v. Garza, 347 S.W.3d 256 (Tex. 2011))
  • Briefed successful appeal resulting in the dismissal of inheritance claims that sought to vacate decades-old judgments distributing estates and upholding inter vivos gifts to a charitable foundation (John G. and Marie Stella Kenedy Mem. Found. v. Fernandez, 315 S.W.3d 512 (Tex. 2010), cert. denied, 131 S. Ct. 1017 (Jan. 18, 2011))
  • Briefed successful appeals defending summary judgments addressing relationship among Texas Constitution, Texas Labor Code, and Texas Wrongful Death Act in an action against an employer of the deceased for exemplary damages (Ross v. Union Carbide Corp., 296 S.W.3d 206 (Tex. App.—Houston [14th Dist.] 2009, pet. denied) (en banc))
  • Briefed successful petition for writ of mandamus, resulting in the striking of an improper intervention and vacatur of a severance order (In re Union Carbide Corp., 273 S.W.3d 152 (Tex. 2008) (per curiam))

Awards & Community

Recognized as a Texas Super Lawyer-Rising Star (Thomson Reuters), 2012-2018

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