In re ASARCO, LLC, No. 05-CV-21207 and related adversary proceedings (Bankr. S.D. Tex.) (confirmation Nov. 13, 2009); Nos. 09-CV-177 and 07-CV-00018 (S.D. Tex.)
In a closely watched multi-billion dollar Chapter 11 restructuring of a copper mining company labeled by the district court as "one of the most successful bankruptcy proceedings in recent history," represented the debtor's parent company and worked with bankruptcy, litigation, and labor teams in contested matters, adversary proceedings, and bankruptcy appeals to the district court and Fifth Circuit. These matters included an $11 billion fraudulent transfer, fiduciary duty, conspiracy and aiding and abetting adversary proceeding; litigation of novel issues pertaining to a long-standing labor dispute and the enforceability of a collective bargaining agreement and its successorship clause; disputes regarding proposed acquisition and auction of the debtor's assets; environmental claims and asbestos liability issues; and successful confirmation of the proposed plan of reorganization by both the bankruptcy court and district court.

Amber Wilson v. Baylor Medical Center Irving, et al, No. 08-12603 (162nd Dist. Ct., Dallas County, Tex.)
Obtained dismissal of medical malpractice claims against Baylor Medical Center at Irving on the basis of immunity conferred by new Texas Health & Safety Code provisions. Secured dismissal of all claims against hospital on the basis of lack of actual notice and no waiver of immunity by use of tangible personal property under the Texas Tort Claims Act, and dismissal of hospital employees on the basis of the Act's “election of remedies” provision.

Kramer v. Danalis, No. 101978/225, 66 A.D.3d 539, 2009 WL 3349540 (N.Y. App. Div. Oct. 20, 2009)
Won rehearing and reinstatement of claims in an interlocutory appeal to the New York Appellate Division, First Department, of a summary judgment dismissal in a multi-million dollar real estate contract, conversion, and fiduciary duty dispute.

In re Asbestos Litigation, No. 2004-03964 (11th Dist. Ct., Harris County, Tex.) (pending)
Currently assisting the trial team in an asbestos multidistrict proceeding that involves questions of first impression regarding causation, procedure, and submission to the jury of responsible third parties under Chapter 33 of the Texas Civil Practice & Remedies Code.

ASARCO LLC v. Americas Mining Corp. (In re ASARCO LLC), Adversary No. 07-02011 (S.D. Tex.)
Assisted bankruptcy and tax counsel with briefing and argument of novel issues of law and preservation of error in adversary proceeding between parent company and wholly-owned, "disregarded" entity over ownership of a $50 million tax refund, liability for more than $100 million in post-petition federal income taxes owed under tax sharing agreement, and liability for taxes attributable to $600 million deferred intercompany gain.

Thomas Michael Wilson v. Baylor Health Care System, et al, No. 07-01018-E (101st Dist. Ct., Dallas County, Tex.)
Obtained dismissal of medical malpractice claims against Baylor Health Care System and Baylor Medical Center at Irving on the basis of immunity conferred by new Texas Health & Safety Code provisions, and asserted “election of remedies” defenses under the Texas Tort Claims Act on behalf of hospital employees, leading to their dismissal.

Fazio v. Cypress Equities, No. 2004-65110 (129th Dist. Ct., Harris County, Tex.) (appeal pending)
Assisted the trial team in a $5 million real estate dispute by briefing and arguing legal issues, drafting and arguing the jury charge, and, after trial, drafting a motion for judgment notwithstanding the verdict that resulted in a dismissal of all claims.

Inventory Locator Service v. Partsbase, Inc., No 02-2695-Ma V (W.D. Tenn. 2007)
Assisted the trial team in preparing the pretrial order and jury charge in a case brought under the Federal Computer Fraud and Abuse Act.

CTA Acoustics v. Borden Chemical, No. 03-CI-00824 (27th Dist. Ct., Lauren County, Div. II, Ky.)
Assisted a Kentucky trial team with preparing expert witnesses, drafting pre- and post-trial legal briefing, preparing the jury charge, and preserving error on issues pertaining to damages and proportionate responsibility in a products liability case that resulted in an eight-week trial and a favorable verdict of approximately $170 million.

Rogers v. Alexander, 244 S.W.3d 370 (Tex. App. - Dallas 2007, pet. filed.)
Serving as appellate counsel and assisting trial team with legal issues and preservation of error in successful jury trial of fraudulent inducement, civil theft, conspiracy and declaratory judgment claims in case involving an investment in a home health agency, resulting in a favorable $4 million judgment and successful defense of defendant's appeal.

7979 Airport Garage, L.L.C. v. Dollar Rent A Car Systems, Inc., 245 S.W.3d 488 (Tex. App. - Houston [14th Dist.] 2007, pet. denied)
Assisted trial counsel with the jury charge, legal briefing, and issues relating to judgment formation in a commercial real estate dispute involving successful contract and warranty claims and the defense of fraud and estoppel counterclaims, and litigated at trial and on appeal issues relating to the segregation and recoverability of attorneys’ fees.

Grey Global v. CROSSMARK, No. 116004/2006 (N.Y. Sup. Ct., April 6, 2007)
In the New York Supreme Court, Commercial Division, obtained full dismissal of a contract and fiduciary duty lawsuit in deference to the first-filed action in Texas.

Chase Medical v. CHF Technologies, No. 3:04-cv-02570 (N.D. Tex. 2007)
On behalf of a company that supplies products used in ventricular heart reconstructive surgery, assisted in preserving error and preparing the jury charge in a patent infringement suit, resulting in a $2 million judgment as well as an injunction against the use or sale of the infringing product.

Southwestern Bell Telephone v. CBS LLC, No. 04-04222 (44th Dist. Ct., Dallas County, Tex.)
Drafted and argued the jury charge and legal briefs in a case that involved complex proportionate responsibility and joint and several liability issues, leading to success on a claim for breach of an antitrust settlement agreement.

In re Sourcecorp Securities Litigation, No. 3:04-CV-02351-N (N.D. Tex. 2006)
Assisted trial counsel in a securities class action with a motion to strike and a motion for leave to appeal to the Fifth Circuit on a novel issue pertaining to Rule 10b-5 securities fraud liability.

Leonardo LP v. Grupo TMM., No. 603245/2006 (N.Y. Sup. Ct.)
Assisted trial counsel with defending contract and declaratory judgment lawsuit in the New York Supreme Court, Commercial Division, brought by investment fund's equity holders seeking specific performance of right to exercise certain stock options (favorable settlement prior to trial).

Kent v. Baylor Medical Center Irving, No. 04-08723-D (95th Dist. Ct., Dallas County, Tex.)
Represented a health care client asserting Texas Tort Claims Act defenses and defended against constitutional challenges to statutes designating the client as a governmental unit.

Hollar v. Brackenridge Hospital, No. GN502643 (200th Dist. Ct., Travis County, Tex.)
As lead appellate counsel, led the trial team’s efforts that resulted in the pre-trial dismissal of medical malpractice claims against a health care provider on the basis of governmental immunity conferred by new Texas Health & Safety Code provisions, and successfully defended against a constitutional challenge to statutory immunity provisions.

K3C, Inc. v. Bank of America, N.A., 204 Fed. Appx. 455 (5th Cir. 2006)
As lead appellate counsel in a dispute arising out of a complex financial transaction and presenting a question of first impression, successfully defended a judgment awarding contract damages and attorneys’ fees and rejecting the plaintiff’s claims for fraud, breach of fiduciary duty, and breach of contract.

Cooper & Scully v. Baron & Budd, 03-04408-J (191st Dist. Ct., Dallas County, Tex.)
In a case involving tortious interference claims and the right to recover attorneys’ fees in national MTBE litigation, assisted the trial team with dispositive motions, trial, and the jury charge.

In re Tyco Electronics Power Systems, No. 05-04-01808-CV, 2005 WL 237232 (Tex. App. --Dallas Feb. 2, 2005, orig. proceeding) (not designated for publication)
In a mandamus proceeding in the Dallas Court of Appeals and the Texas Supreme Court, litigated the enforceability of a forum selection clause contained in an employment non-compete agreement.

Alexander v. Rogers, No. 03-07498-F (116th Dist. Ct., Dallas County, Texas); No. 05-00233-CV (Tex. App. --Dallas 2003); No. 05-0381 (Tex. 2005)
Defeated an attempt to supersede a $4 million judgment with a $1,000 supersedeas bond based on an allegation of negative net worth, and persuaded the court of appeals and Texas Supreme Court not to reduce the bond.

7979 Airport Garage, L.L.C. v. Dollar Rent A Car Systems, Inc., No. 2002-27571 (80th Dist. Ct., Harris County, Tex.)
Challenged a plaintiff’s net-worth reduction of a supersedeas bond, based on an ongoing business relationship.

JC Plumbing and Irrigation Suppliers v. Ikon Office Solutions, No. EP 03 CA 0136 (W.D. Tex. 2004)
Drafted findings of fact and conclusions of law in a business dispute alleging breach of contract and violations of the Deceptive Trade Practices Act.

Tenet Healthcare Corp. v. Texas Health Choice, No. 3:02-CV-1940-N (N.D. Tex. 2003); No. 03-10545 (5th Cir. 2004)
Successfully represented a health care client in the Fifth Circuit in a case that involved a question of first impression: whether the Medicare Act and the Federal Employees Health Benefits Act preempt a state court lawsuit concerning insurance reimbursement contracts between private parties, warranting removal to federal court.

Millichamp v. Baylor Univ. Med. Center, No. 01-01793-E (101st Dist. Ct., Dallas County, Tex.)
Persuaded the trial court to set aside a $7.5 million punitive damages award in a case that involved complex jury charge issues including the submission of settling co-defendants and complex judgment formation issues involving settlement credits.

Swiss Avenue Properties, L.P. v. Southern Companies, Inc., No. 03-10044-A (14th Dist. Ct., Dallas County, Tex.)
Drafted the jury charge in complex commercial litigation involving claims for breach of fiduciary duty, breach of contract, fraud, and attorneys’ fees.

Miller v. Kennedy & Minshew, 142 S.W.3d 325 (Tex. App.—Fort Worth 2003, pet. denied)
In a legal malpractice case, successfully defended a judgment ordering that the plaintiff take nothing and awarding damages to a law firm.

Torres v. Gonzales, No. GN-201732 (126th Dist. Ct., Travis County, Tex.)
After a successful jury trial involving contract, fraud and DTPA claims arising out of a real estate transaction, successfully defended consumer protection statute’s constitutionality.

Chapter 11 Representation - ASARCO LLC
Represent the corporate parent of ASARCO LLC, a copper miner and smelter which filed for Chapter 11 bankruptcy protection in Corpus Christi, Texas with approximately $10 billion in claims. Following Chapter 11 filing, ASARCO filed a fraudulent transfer action against Americas Mining Corp., seeking recovery of several billion dollars.