HMC Hotel Properties II, LP v. Keystone-Texas Property Holding Corp., No. 04-10-00620-CV, 2011 WL 5869608 (Tex. App.–San Antonio Nov. 23, 2011, pet. denied)
In an appeal arising out of a commercial real estate dispute, persuaded the San Antonio Court of Appeals (1) to affirm an approximately $50 million judgment in favor of our client, and (2) in a cross-appeal, to reinstate the jury's $7.5 million punitive damages award that the trial court had declined to incorporate into the judgment. Also persuaded the Texas Supreme Court to deny HMC’s petition for review.
HMC Hotel Properties II Ltd. Partnership v. Keystone-Texas Property Holding Corp., No.05-CI-14229 (166th Dist. Ct., Bexar County, Tex.)
In a commercial real estate dispute, assisted trial team with strategy, legal briefing, and preparing and arguing the jury charge in a trial that resulted in a favorable judgment of approximately $50 million.
National Bank Litigation (2008)
Secured $411 million summary judgment in favor of the bank for a gas company’s conversion of 55 Bcf of natural gas in which the bank held a security interest. The judgment was based on claims of breach of a bailment agreement, conversion, trover, detinue, return of property and replevin and rejected misrepresentation counterclaims. The 2008 judgment, which was affirmed on appeal, was the culmination of litigation that began in Texas in 2002 and wound its way through several courts in Texas and New York. A favorable settlement was achieved.
Community Initiatives v. Chase Bank of Texas, N.A., et al., 153 S.W.3d 270 (Tex. App. - El Paso 2004, no pet.)
Successfully defended summary judgment on tort claims related to a national financial institution’s business practices.
Citizens Nat’l Bank v. Allen Rae Investments, Inc., 142 S.W.3d 459 (Tex. App. - Fort Worth 2004, no pet.)
Won reversal of an award of credit-reputation damages in a lender-liability suit.
Chapter 11 for Entertainment Company
Represented the trustee in connection with the liquidation of this international operator and franchisor of entertainment centers. The case involved extensive tracing of assets in foreign jurisdictions and significant litigation against accountants, officers and directors. There were numerous appeals and the case took nearly 10 years to complete.
Western Oil & Gas JV Inc. v. Castlerock Oil Co., 91 Fed. Appx. 901 (5th Cir. 2003)
In an oil and gas case, successfully defended on appeal an order dismissing fraudulent transfer, unjust enrichment, and conspiracy claims.
Sweet v. Inkjet International Ltd., No. 05-03-00233-CV, 2003 WL 22254695 (Tex. App. - Dallas Oct. 2, 2003, no pet.) (mem. op.)
In a trade secrets and fiduciary duty case that resulted in a multi-million dollar damages award, handled pre-trial matters including the successful defense of an appeal from a temporary injunction, the preparation and argument of the jury charge, all post-verdict briefing, hearings, and judgment formation.
In re Mirant Corp., 378 F.3d 511 (5th Cir. 2004)
Obtained reversal of district court’s jurisdictional ruling in a Chapter 11 proceeding.
Stucky v. City of San Antonio, 307 F.3d 315 (5th Cir. 2002), on remand from, 536 U.S. 936 (2002)
Through a petition for certiorari to the United States Supreme Court, upheld a municipality’s right to impose safety regulations on municipal towing services.
National Development & Research Corp. v. Panda Global Energy Co., No. 05-00-00820-CV, 2002 WL 1060483 (Tex. App. - Dallas, May 29, 2002, pet. denied) (mem. op.)
In a case in which a power plant developer obtained declatory relief and defended against contract claims asserted by a consulting firm, successfully defended a judgment awarding the developer more than $400,000 in attorneys' fees.
Mayhew v. Town of Sunnyvale, 964 S.W.2d 922 (Tex. 1998)
Won reversal of a multi-million dollar judgment in a zoning dispute against a Texas municipality.
Semiconductor Trade Secret Litigation
Represents a major international semiconductor-manufacturing company—Taiwan Semiconductor Manufacturing Company (“TSMC”)—in a trade-secret case pending in California state court. TSMC alleges that a Chinese competitor stole semiconductor-fabrication technology that it then unlawfully deployed in its business.