Mike Raab is an associate in the Business Litigation Section. He has experience handling complex commercial litigation, international litigation, arbitrations and collection matters. His cases cover a range of commercial issues, including energy litigation (oil, gas, power and alternative sources), contract disputes, corporate and shareholder disputes, intellectual property litigation, lender liability defense and franchise-related controversies. Mr. Raab's fluency in Spanish has enabled him to represent Latin American clients in international/cross-border disputes.
Selected Representative Matters
- Obtained favorable settlement for client, Curves International, Inc., following two days of witness examinations during plaintiff, Go Figure, Inc.'s case-in-chief in federal district court. As part of the settlement, Curves obtained an agreed judgment specifying that Go Figure would take nothing from Curves by way of its lawsuit, and Go Figure's agreement to tender Curves an undisclosed amount in consideration for the settlement.
- As second-chair attorney, obtained unanimous jury verdict in defending against $3 million breach of contract, fraud and breach of fiduciary duty claims in Texas state court.
- Partnered with other law firms to represent the world's largest contract semiconductor manufacturer in trade secret litigation that resulted in a $200 million settlement for the client.
- Assisted in prosecution of, and ultimate settlement of, oil and gas dispute that resulted in an eight-digit settlement for client, an oil and gas exploration company. The dispute related to claims filed with the London Court of International Arbitration against a Nigerian drilling company who was the contractor on an jack-up drilling rig off the coast of Tunisia.
- As second-chair attorney, obtained a partial summary judgment and $795,000 final judgment after a bench trial, in addition to a permanent injunction, on claims of trade secret misappropriation and unfair competition.
- Ongoing representation of Latin American clients in international/cross-border disputes.
- Ongoing defense and prosecution of franchisors in franchise-related disputes.
- Representation of secured creditors in litigation and collection matters.
- Representation of energy companies in complex commercial disputes.
- Managed large scale e-discovery projects in numerous complex commercial disputes.
Selected Publications
- "Annual Review of Litigation, Chapter 3: Appellate Practice," contributor, with Kendyl Hanks and Mark Trachtenberg, American Bar Association, Section of Business Law, April 2011."
- Co-contributor to chapter on Cleantech Financing in legal treatise Energy Law and Transactions, 2009.
Selected Representative Experience
Go Figure, Inc. v. Curves Int'l, Inc. (S.D. Tex.-Houston Div. 2011)
Represented health and fitness center company, Curves, in a trademark infringement and antitrust lawsuit involving a software vendor. The software vendor, Go Figure, Inc., sued Curves for declaratory relief related to Go Figure's use of Curves' trademarks as well as for purported antitrust violations under the Sherman Act after Curves developed its own health care management software. After more than two years of litigation on those charges and counterclaims of trademark infringement, the parties proceeded to trial. After only two days of witness examinations, the vendor sought a settlement, providing Curves with a take-nothing judgment and compensation.
American Wires v. Texas Auto Solutions et al. (61st Dist. Ct., Harris County, Tex. 2010)
Represented after-market automobile parts distributor in case involving breach of a non-competition agreement and misappropriation of confidential information. We obtained a partial summary judgment and judgment after a bench trial on both of claims in the approximate aggregate amount of $795,000, in addition to a permanent injunction restraining the defendants from continuing to misappropriate the client's confidential and proprietary information.
5436 LLC v. CBS Corp., Civ. A. No. H-08-3097 (S.D. Tex. Feb. 19, 2009)
Persuaded a federal district court to deny a defendant’s motion to dismiss CERCLA claims for lack of subject matter jurisdiction or to compel arbitration.
ICDR International Arbitration, situs of arbitration Houston, Texas
Representation of an Indian chemical company against the claims of a U.S. distributor in an ICDR arbitration.
Eminent Domain and Inverse Condemnation
Represent and counsel public and private entities in eminent domain and inverse condemnation actions including right-of-way acquisition, regulatory takings, valuation determinations, and utilities relocation.
Public Information and Open Meetings
Represent public and private entities in responding to public information requests to state and local governmental entities. We have also advised our public entity clients regarding compliance with open meeting requirements.