Commercial and Business Litigation

(Del.); (Del. Ch.) – Obtained post-trial opinion permitting Energy Transfer Equity, LP to terminate merger agreement with The Williams Companies based on failure of condition precedent relating to the provision of a tax opinion; the Delaware Supreme Court affirmed the decision. The Williams Companies, Inc. v. Energy Transfer Equity, L.P., 2016 WL 3576682 (Del. Ch. June 24, 2016), aff’d, 159 A.3d 264 (Del. 2017)

(S.D.N.Y) — Obtained complete dismissal of putative class action fraud and consumer protection claims on behalf of professional sports team following motion to dismiss

(Tex. App. − El Paso); (Tex. Dist. — El Paso Cty.) — Defended a Houston-based energy firm and obtained a favorable jury verdict in a $400 million (net) damage suit arising from the termination of an oil supply contract with a refinery involving claims of usury, breach of contract, fraud, and various business torts; the matter was upheld by the El Paso Court of Appeals, and petition before the Texas Supreme Court was denied

(Colo. Dist. – Denver Cnty.) — Obtained one of the largest Colorado state court judgments on record – $241 million – on behalf of an energy company

(La. Dist. – Orleans Parish) — Secured $125 million judgment following a jury verdict for Huntsman Corporation in its contract dispute with gas supplier, Praxair, Inc.

(Third Circuit) – Secured on appeal affirmance of dismissal of claims for indemnification and advancement of legal fees against a major financial institution

(Colo. Dis. – Denver Cnty.) – Secured a jury verdict for $97 million (net) in damages on behalf of Antero Resources; the defendants failed to take delivery of natural gas under long-term sales agreements forcing Antero to sell the gas at a loss; under the contracts, Antero was entitled to cover damages, but the defendants claimed force majeure; in addition, the defendants filed a counter-claim seeking $37 million in damages; following a two week trial, the jury awarded Antero $97 million (net) in damages, rejected the force majeure defense and rejected the defendants counter-claims

(U.S.); (5th Cir.); (W.D. Tex.) — Obtained the complete dismissal of a landmark suit filed against a social networking website involving a sexual assault committed against one of its users; successfully defended the trial court’s dismissal in the Fifth Circuit and United States Supreme Court

(Tex. Dist. − Harris Cnty.) — Obtained seven figure (net) settlement for an international temporary staffing company in a breach of contract and tortious interference suit against a local IT-infrastructure contractor

(Del.); (Del. Ch.) – Obtained reversal from the Delaware Supreme Court of an injunction entered by Delaware Chancery Court in lawsuit arising from a proposed transaction involving C&J Energy Services, Inc. and a subsidiary of Nabors; the Court of Chancery subsequently granted defendants’ motion to dismiss, and the Delaware Supreme Court affirmed the dismissal. C&J Energy Servs., Inc. v. City of Miami Gen. Employees’, 107 A.3d 1049 (Del. 2014), on remand, 2016 WL 4464274 (Del. Ch. Aug. 24, 2016), aff’d, 158 A.3d 885 (Del. 2017)

(Tex. Dist. − Harris Cnty.) — Obtained seven figure (net) settlement for an international temporary staffing company in a breach of contract and tortious interference suit against a local IT-infrastructure contractor

(D. Colo.) — Represented an energy company in a dispute regarding whether a Market Disruption Event had occurred under the terms of their long term NAESB contracts for natural gas, impacting price to be paid; the jury unanimously found that the plaintiff breached the contracts and awarded a $60 million (net) verdict in favor of the client

(S.D. Tex.) — Successfully represented producer of Akaushi Beef against claims of conspiracy to restrain trade and monopolization in the market for premium beef in the United States; after a seven day trial, the jury found in favor of the client, awarding both actual and exemplary damages

(Tex. Dist. – various; S.D. Tex.) — Representing transmission and distribution utilities in multiple cases involving claims of wrongful death and property damage arising out of the February 2021 Texas winter storm

(Tex. Dist. – Harris Cnty.) — Obtained dismissal of $400 million alleged fraud claims brought by spouse of executive against international energy trading company, based on personal jurisdiction and mandatory forum selection

(Tex. Dist. − Harris Cnty.) — Obtained a $17 million (net) dollar verdict in district court in Harris County, Texas, for a commercial landlord in a six-week jury trial of a breach of lease case; the verdict included a full award of attorneys’ fees

(Del.) – Obtained dismissal from Delaware Chancery Court and affirmance from the Delaware Supreme Court of claims arising from take-private transaction of publicly traded MLP by the owner of its general partner; obtained dismissal of related action in Delaware federal court. Allen v. Encore Energy Partners, L.P., 72 A.3d 93 (Del. 2013)