Aaron Streett

Practice Group Chair - Supreme Court & Constitutional Law (Firmwide) Partner

Aaron Streett Photo

Houston

P: +1.713.229.1855 F: +1.713.229.7855

Washington

P: +1.202.639.7737

United States Supreme Court

  • Argued case concerning the fraud-on-the-market theory for federal securities class actions, obtaining vacatur and favorable holding that defendants may present price-impact evidence to defeat class certification. (Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014))
  • Argued case concerning whether bankruptcy professionals may be compensated for time incurred defeating objections to their fee applications. (Baker Botts L.L.P. v. ASARCO LLC, 135 S. Ct. 2158 (2015)
  • Represented petitioner energy company in merits case involving Natural Gas Act preemption of state-law antitrust claims, ONEOK, Inc. v. Learjet, Inc., 135 S. Ct. 1591 (2015)
  • Served as co-counsel with Court-appointed amicus in support of judgment below, securing rare affirmance where United States declined to defend criminal sentence (Setser v. United States, 132 S. Ct. 1463 (2012)) 
  • Represented respondent in litigation addressing requirements for achieving class certification in securities actions (Erica P. John Fund, Inc. v. Halliburton Co., 131 S. Ct. 2179 (2011))
  • Represented respondent mutual-fund adviser in case establishing favorable standard for challenges to adviser compensation under the Investment Company Act (Jones v. Harris Associates, L.P., 559 U.S. 335 (2010))
  • Co-authored amicus brief for Veterans of Foreign Wars that was cited 12 times in the plurality and concurring opinions of the Court (Salazar v. Buono, 559 U.S. 700 (2010))
  • 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 of Internal Revenue v. Estate of Jelke, 555 U.S. 826 (2008))

Federal Appeals

  • On behalf of Texas power plants, won stay of Texas Regional Haze rule and defeated EPA's motion to transfer to D.C. Circuit, in case of first impression under Clean Air Act's venue provisions (State of Texas v. EPA, 829 F.3d 405 (5th Cir. 2016))
  • Won rare victory on petition for panel rehearing, resulting in dismissal of $50 million claim for alleged consulting fees on sale of BP's Pakistan assets and issuance of precedent-setting opinion on test for removal of claims involving alleged fraudulent joinder (Int'l Energy Ventures Mgmt., L.L.C. v. United Energy Group, Ltd., 818 F.3d 193 (5th Cir. 2016))
  • Represented energy companies in defeating appeal by foreign sovereign-owned company alleging $300 million conversion claims (Pemex Exploracion y Produccion v. ConocoPhillips Co., 595 F. App’x 445 (5th Cir. 2015))
  • Argued for intervenor pipeline successfully defending FERC’s issuance of Natural Gas Act certificate against environmental and statutory challenges (MREPS v. FERC, 762 F.3d 97 (D.C. Cir. 2014))
  • Argued landmark “whooping cranes” appeal, obtaining reversal of judgment that had enjoined water permitting on Texas river basins, resulting in an opinion setting standard for proximate cause under Endangered Species Act (Aransas Project v. Shaw, 775 F.3d 641 (5th Cir. 2014))
  • Obtained affirmance of largest fee enhancement awarded to bankruptcy professionals in the history of the Bankruptcy Code (In re ASARCO, LLC, 751 F.3d 291 (5th Cir. 2014))
  • Defeated EEOC appeal challenging company’s retirement age for corporate pilots that mirrored FAA rule for airline pilots, resulting in first appellate decision on the issue in over 20 years (EEOC v. ExxonMobil Corp., 560 F. App’x 282 (5th Cir. 2014))
  • Defeated United States’ appeal of decision preliminarily enjoining under the Due Process Clause a federal statute imposing state-of-delivery taxes on Internet and mail-order sellers of tobacco products (Gordon v. Holder, 721 F.3d 638 (D.C. Cir. 2013))
  • Represented executive in case establishing standard for aiding and abetting under PSLRA (SEC v. Apuzzo, 689 F.3d 204 (2d Cir. 2013))
  • Lead counsel in obtaining favorable settlement on appeal in high-profile securities case (SEC v. Conrad Black, No. 12-3770 (7th Cir.))
  • Obtained affirmance of dismissal of multibillion-dollar dispute among energy companies over rights to Ecuadorean mineral concessions (Grynberg v. Ivanhoe Energy, Inc., 490 F. App’x 86 (10th Cir. 2012), cert. denied, 133 S. Ct. 941 (2013))
  • Represented asylum applicants in multiple Fifth Circuit appeals challenging BIA’s test for “social group” persecution claims, one of which resulted in reversal of BIA deportation orders (Orellana-Monson v. Holder, 685 F.3d 511 (5th Cir. 2012))
  • Persuaded D.C. Circuit to reinstate constitutional challenge to federal tobacco statute, resulting in statute being preliminarily enjoined on remand (Gordon v. Holder, 632 F.3d 722 (D.C. Cir. 2011), on remand, 826 F. Supp. 2d 279 (D.D.C. 2012)
  • Successfully represented Fortune 500 company in $28 million dispute with hedge fund over payments required under convertible indentures (Fluor Corp. v. Citadel Equity Fund, Ltd., 413 F. App’x 756 (5th Cir. 2011))
  • Successfully represented telecom, grocery, and data-management companies in persuading Fifth Circuit to reject multibillion-dollar claims in case of first impression under the Drivers Privacy Protection Act (Taylor v. Acxiom Corp., 612 F.3d 325 (5th Cir. 2010), cert. denied, 131 S. Ct. 908 (2011))
  • Persuaded Fifth Circuit to reverse bench-trial judgment in fiduciary-duty dispute over oil and gas leases (Fisher v. Miocene Oil & Gas Ltd., 335 F. App’x 483 (5th Cir. 2009))
  • Successfully represented domestic energy company in ERISA stock-drop class action presenting issues of first impression in the Fifth Circuit regarding the presumption of prudence for ERISA fiduciaries (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, 557 U.S. 946 (2009))
  • Represented foreign energy company in obtaining dismissal of a multibillion-dollar lawsuit for lack of personal jurisdiction (Moncrief Oil Int’l Inc. v. OAO Gazprom, 481 F.3d 309 (5th Cir. 2007))
  • 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 F. App’x 629 (9th Cir. 2006))
  • Represented defendants in appeal of bank-fraud convictions (United States v. Agnew, 147 F. App’x 347 (4th Cir. 2005))

State Appeals

  • Won mandamus in precedent-setting e-discovery case applying stringent standard to trial court orders that dictate terms of electronic keyword searches (In re MasterFlo Valve Inc., 485 S.W.3d 207 (Tex. App. Houston [14th Dist.] 2016))
  • Represented incumbent utility in stranded-costs litigation arising out of deregulation of Texas electric industry, resulting in recovery of additional $1 billion over amount awarded by court of appeals (State v. Pub. Util. Comm’n of Tex., 344 S.W.3d 349 (Tex. 2011))
  • Secured affirmance of summary judgment in antitrust litigation between pharmaceutical manufacturers alleging pre-merger conspiracy in violation of California’s Cartwright Act (Asahi Kasei Pharma Corp. v. Cotherix, Inc., 204 Cal.App.4th 1 (Cal. Ct. App. 2012))
  • Assisted in obtaining reversal of $1.7 billion jury verdict in securities-fraud case (Morgan Stanley & Co. v. Coleman (Parent) Holdings Inc., 955 So. 2d 1124 (Fla. App. 2007))

Other

  • Obtained permanent injunction and consent decree on federal constitutional claims against Dallas ordinance, resulting in rare defeat for a local “flow control” law (Nat’l Solid Wastes Mgmt. Ass’n v. City of Dallas, 903 F. Supp. 2d 446 (N.D. Tex. 2012))
  • Obtained preliminary injunction under the Due Process Clause against federal statute imposing delivery-state taxes on Internet and mail-order sales of certain tobacco products (Gordon v. Holder, 826 F. Supp. 2d 279 (D.D.C. 2012))