Tom O’Brien

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