Energy Litigation

• Secured arbitration award entirely in renewable energy client’s favor, including full recovery of attorneys’ fees, in breach of contract dispute arising out of Winter Storm Uri
• Represented renewable energy developers in nuisance, personal injury, and other neighboring landowner claims
• Represented renewable energy developer in disputes with their wind and solar operations and maintenance provider, including regarding the expected performance and owed damages for underperformance
• Obtained summary judgment in a breach of contract, fraud, and breach of fiduciary duty lawsuit involving assets valued at more than $1.5 billion, which was affirmed on appeal (Harrison v. Harrison Interests, No. 14-15-00348-CV, Texas 14th Court of Appeals)
• Obtained directed verdict in favor of electric utility in real-property trial, which was affirmed on appeal (Rodriguez v. CenterPoint Energy, No. 14-16-00867-CV, Texas 14th Court of Appeals)
• Defeated class certification in putative royalty class action involving nearly 4,000 royalty owners in Eagle Ford Shale (Regmund v. Talisman, No. 4:16-CV-02960, Southern District of Texas)
• Excluded experts and obtained summary judgment dismissing claims alleging that defendant underpaid royalties (Newberry v. Talisman, No. 4:19-cv-04476, Southern District of Texas)
• Obtained summary judgment in favor of an oil and gas operator holding that the defendants had breached the warranty in an oil and gas lease (Marathon Oil v. Edmund Tom, No. 14-08-0644-CVA, 218th Judicial District Court of Atascosa County, Texas)
• Obtained dismissal based on lack of personal jurisdiction in favor of oil and gas company, which was affirmed on appeal (International Energy Ventures Management v. United Energy Group, No. 14-20552, 5th Circuit)
• Obtained summary judgment for electric utility in various disputes (Bryant v. CenterPoint Energy, No. 2014-50521, 334th Judicial District Court of Harris County, Texas; Henderson v. CenterPoint Energy, No. 80459-CV, 149th Judicial District Court of Brazoria County, Texas)
• Tried to verdict an oil and gas dispute on behalf of a Fortune 500 energy company involving the impact of an area of mutual interest clause on over a hundred oil and gas leases
• Represented oilfield services company in complex dispute over the proper interpretation of contractual arbitration clauses on both trial and appellate levels (Halliburton v. KBR, No. 2012-39503, Texas First Court of Appeals)
• Defending renewable energy developer in personal injury disputes
• Represented an investor in energy-related businesses in a breach of contract and fraud action on both trial and appellate levels in Texas and Alaska

Pension & ERISA Litigation

• Obtained dismissal of putative ERISA class action alleging ERISA breach of fiduciary duty (Quigley v. ConocoPhillips Company, No. 4:24-cv-00508, S.D. of Texas)
• Obtained partial dismissal on motion to dismiss in ERISA case alleging owed benefits (Perkins v. PM Realty, No. 4:24-cv-00566)
• Obtained unanimous ruling from Texas Supreme Court on a municipal pension system's pursuit of pension claims against City of Houston (Houston Municipal Employees Pension System v. City of Houston, No. 17-0242, Texas Supreme Court)
• Obtained unanimous ruling from court of appeals, affirming dismissal of the City of Houston's constitutional challenges to statute governing the municipal firefighter's pension system (City of Houston v. Houston Firefighters' Relief and Retirement Fund, No. 14-14-00437-CV, Texas 14th Court of Appeals)
• Obtained unanimous and precedent-setting ERISA ruling from Fifth Circuit, affirming motion to dismiss in favor of an energy company in ERISA breach of fiduciary duty suit (Schweitzer v. Investment Committee of Phillips 66 Savings Plan, No. 18-20379, Fifth Circuit)
• Defeated class certification in putative ERISA class action involving over 4,000 participants (Myers v. Administrative Committee of Seventy Seven Energy, Inc. Retirement & Savings Plan, Civ-17-200-D, Western District of Oklahoma)
• Obtained summary judgment in favor of retail store in ERISA action (Kochanek v. Aetna & Home Depot, No. 4:16-CV-00324 BSM, Eastern District of Arkansas)
• Obtained summary judgment in favor of an oil and gas company in ERISA action (Frasier v. Cigna, No. 15-cv-00458-MAC, Eastern District of Texas)
• Obtained summary judgment in favor of an oilfield services company in ERISA actions (e.g., Shafer v. Metropolitan Life Insurance Company et al., No. 1:14-CV-00656-RM-KMT, District Court of Colorado; Schuck v. Schlumberger Technology, Inc., No. 12-CV-006-ABJ, District Court of Wyoming; Stout v. Pathfinder Energy Services, LLC, No. 6:14-cv-02457-RTH-CMH, Western District of Louisiana)
• Represented pharmacy benefits manager in dispute with rebate aggregator
• Represented Fortune 500 company in internal investigation involving allegations of breach of fiduciary duty related to pension plans
• Representation of various large companies in breach of fiduciary suits under ERISA
• Represented an oilfield services company and a philanthropic foundation in ERISA actions in Texas and other states

Real Estate & Construction Litigation

• Defeated claims in complex partnership dispute involving more than $500 million in assets
• Obtained summary judgments in defense of real-estate developer in nuisance lawsuits involving the construction of an office building (Sands v. 2229 San Felipe, LLC, No. 2014-40441, 165th Judicial District Court of Harris County, Texas; Ogg v. 2229 San Felipe, No. 2016-26744, 129th Judicial District Court of Harris County, Texas)
• Obtained summary judgment in favor of a commercial tenant against a landlord in a $12 million suit (GSC Wholesale v. Studemont, No. 2016-00796, 80th Judicial District Court of Harris County, Texas)
• Represented amicus curiae in nuisance lawsuit involving construction of a high-rise building (Loughhead v. 1717 Bissonnet, No. 2013-26155, 157th Judicial District Court of Harris County, Texas)
• Representation of real-estate developers, landlords, and tenants in contract disputes
• Counseling of real-estate developers on tenant, construction and property issues