Concentration

Summary

• Representation of a company in a post-closing dispute concerning net working capital; tried by written submissions to an expert arbitrator
• Representation of a company pursuing claims for breaches of representations and warranties in an asset purchase agreement; tried before an ICC panel in London
• Representation of a minority shareholder in an action seeking damages for shareholder oppression; tried to a jury verdict
• Representation of various Republican interests in a series of cases before a three-judge federal court considering redistricting for Texas' congressional and state legislative districts
• Representation of a company in a negligence suit involving serious personal injuries allegedly resulting from the company's failure to replace aged equipment; tried to a jury verdict
• Representation of a company charged with failure of supervision when its employee allegedly assaulted two individuals; tried to a jury verdict

In 2000, Mr. Cooper spent nearly three weeks in Florida working as counsel to President Bush and Vice President Cheney in the Gore vs. Bush presidential election contest. He was actively involved in the strategy, witness preparation and briefing of the trial before Judge Saunders Sauls and the appeal to the Florida Supreme Court that followed.

Prior to joining Baker Botts, Mr. Cooper was law clerk to the Honorable J. Harvie Wilkinson, III, United States Court of Appeals for the Fourth Circuit from 1993 to 1994.

Representative Engagements

Antitrust

• Business Software Alliance – in a lawsuit brought by a Mexican software company seeking damage when its operations were shut down. Mr. Cooper secured dismissal of all claims brought against the BSA.
• Hispanic Broadcasting Corp. – in a lawsuit brought by its competitor, Spanish Broadcasting System, Inc. (SBS). SBS claimed $500 million in damages pre-trebling. The suit was dismissed with prejudice in January 2003. 242 F. Supp. 2d 1350. The Eleventh Circuit affirmed the district court's decision. 376 F.3d 1065.
• DSC Communications Corp. (now Alcatel) – in its successful antitrust suit against Lucent and AT&T. The case settled after jury selection for a confidential amount valued by The Wall Street Journal at over $1 billion.

Securities

• Baker Hughes Incorporated – represented current and former officers and directors in a series of derivative cases arising out of the Company’s 2007 FCPA settlement. All the cases were dismissed.
• Baker Hughes Incorporated – in its defense of a securities fraud class action. The case was dismissed and the dismissal was affirmed on appeal. 292 F.3d 424. A related derivative suit was also dismissed.
• Zonagen, Inc. – in a securities fraud class action. The Fifth Circuit's 2001 opinion in that case, dismissing all claims against the company except one, remains one of the leading cases on securities fraud pleading in the Fifth Circuit. 267 F.3d 400. The district court subsequently granted summary judgment on the remaining claim, 2003 WL 23592407, and that ruling was affirmed on appeal.

Commercial Trial Work

• Ford Motor Co. – in a multibillion dollar lawsuit involving its exclusive supplier of diesel engines. The matter settled on confidential terms.
• Crescent Real Estate Equities, Inc. – in its lawsuit against the City of Houston. The lawsuit arose out of the City's efforts to lease the Compaq Center sports arena to Lakewood Church. While the terms of the settlement with Lakewood Church are confidential, the City purchased $33 million in properties from Crescent as part of the settlement.

Investigations

• FCPA investigation for an oilfield services company involving multiple issues in several foreign countries. 
• Fraud investigation for a public company to determine whether the company's employees had participated in a transaction to defraud the company.
• Fraud investigation to evaluate the extent of employee participation in a multimillion-dollar theft by a company officer.