Tom O’Brien

Partner

Tom O'Brien Photo

Dallas

P: +1.214.953.6934 F: +1.214.661.4934

Securities and Shareholder Litigation and Investigations

  • Major oilfield services company – defense of securities fraud class action concerning estimated liability for asbestos claims, accounting for claims on fixed-price construction contracts and projected merger cost savings
  • Major oilfield services company – analysis and resolution of complex claim under Section 16(b) of the Exchange Act
  • International audit, tax and advisory firm – defense of securities fraud class action concerning audit of start-up company that went bankrupt
  • International audit, tax and advisory firm – granted dismissal of securities class action concerning audit of consumer financial services company
  • Media, communications, and entertainment company – defense of claim under Section 16(b) of the Exchange Act
  • Provider of onshore seismic data acquisition services – defense of shareholder litigation challenging stock-for-stock merger
  • Provider of loyalty program and customer relationship management services – represented company in dispute with minority shareholder that refused to honor its contractual obligation to consent to a merger
  • Major engineering, procurement, construction and installation company focused on offshore oil and gas projects – represented company in SEC investigation
  • Major civil construction company – represented audit committee in internal investigation
  • Leading offshore drilling company – represent company in connection with claims under Section 16(b) of the Exchange Act
  • Provider of industrial aviation services – represent company in connection with claims under Section 16(b) of the Exchange Act
  • Natural gas exploration and production company – represent company in connection with claims under Section 16(b) of the Exchange Act

Professional Liability

  • International law firm – granted dismissal and affirmance of dismissal on appeal of lawsuit alleging fraud and breach of contract in connection with an arbitration proceeding
  • International law firm – defended against motion to disqualify counsel and petition for a writ of mandamus in patent infringement lawsuit
  • National law firm – defense of malpractice and breach of fiduciary duty claims arising from representation of public policy research organization
  • National law firm – defense of conspiracy and deepening insolvency claims filed by Chapter 7 trustee
  • Texas law firm – defense of malpractice claim arising from bank’s failure to perfect its security interests
  • International audit, tax and advisory firm – defense of multiple lawsuits relating to tax strategies
  • International audit, tax and advisory firm – defense of breach of fiduciary duty and conspiracy claims relating to bank’s issuance of stock
  • International audit, tax, and advisory firm – defense of fraud claim relating to sale of assets
  • International audit, tax, and advisory firm – defense of breach of fiduciary duty, fraud, conspiracy, and negligence claims asserted by receiver in insurance company’s liquidation proceedings

Other Complex Commercial Litigation

  • ASARCO LLC – represented mining company in prosecution of several fraudulent transfer claims, including suit against Americas Mining Corporation that resulted in a $5 billion plaintiff’s verdict (net of legal fees and expenses); Baker Botts was awarded a $4.1 million fee enhancement based on the “rare and extraordinary” results from the suit
  • ASARCO LLC – represented mining company in bankruptcy confirmation hearing that resulted in all creditors being paid in full
  • Acquisition entity – granted summary judgment in drag-along litigation involving $2 billion interest in transmission and distribution utility
  • International oil company – granted summary judgment and affirmance of summary judgment on appeal in age discrimination case challenging company’s practice of removing its corporate pilots from flight duty at a certain age
  • International oil company – defense of breach of contract lawsuit concerning stock options
  • International technology company – prosecution of earn-out litigation
  • Leading milk marketing cooperative and dairy food processor – defense of negligence and joint liability claims in wrongful death and personal injury cases
  • Individuals – prosecution of residential construction defect claims