Tom O’Brien

Practice Group Chair - Professional Liability Litigation (Firmwide) Partner

Tom O'Brien

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 – defense of securities class action concerning audit of consumer financial services company
  • Media company – defense of claim under Section 16(b) of the Exchange Act
  • Directors of media companies – defense of derivative lawsuits concerning mergers
  • 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 – defense of malpractice claims relating to patent maintenance
  • International law firm – defense of malpractice and overbilling claims relating to representation of entities in the jewelry industry
  • International law firm – defense of malpractice and other claims relating to representation of limited partner in connection with various transactions
  • International law firm – defense of fraud and breach of contract claims in connection with an arbitration proceeding
  • International law firm – defense 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

  • Mining company – represented ASARCO LLC in prosecution of several fraudulent transfer claims, including suit that resulted in a $7 billion plaintiff's verdict; Baker Botts was awarded a $4.1 million fee enhancement based on the “rare and extraordinary” results from the suit
  • Mining company – represented ASARCO LLC in bankruptcy confirmation hearing that resulted in all creditors being paid in full
  • Acquisition entity – prosecution of drag-along litigation involving $2 billion interest in transmission and distribution utility
  • Worldwide provider of oilfield transportation and search and rescue services – represented company in bankruptcy confirmation hearing involving valuation issues
  • Contractor and engineering company serving the power and energy sectors – defense of earn-out dispute in arbitration
  • Electric utility – litigated contested matter in bankruptcy court involving termination of coal supply agreement
  • Midstream oil company – litigated contested matter in bankruptcy court involving sale of debtors’ assets
  • Home security company – defense of breach of fiduciary duty and fraudulent transfer claims involving valuation issues
  • International oil company – defense of 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 involving claims of fraud and breach of fiduciary duty
  • Leading milk marketing cooperative and dairy food processor – defense of negligence and joint liability claims