Mike Powell has tried more than 100 cases, almost 50 of those to a jury. From his first solo jury trial in a design and construction case, to leading a team of lawyers in a securities class action, Mr. Powell has found success by looking at the big picture to develop comprehensive strategies, nurture themes, and level with his clients.
At Haynes and Boone, he teaches young lawyers to assess cases from the perspectives of their clients, judges, opponents and juries. Mr. Powell also has shared such insight with almost 2,000 law students during his 30-year tenure as an Adjunct Professor in Civil Trial Advocacy at South Texas College of Law.
Mr. Powell has lead trial teams challenging and defending claims for clients who include El Paso Corp., Dynegy, Banque Paribas, Harris County Sports and Convention Corporation and USF&G. He brings to his clients the judgment and experience that comes from 34 years of handling cases such as the following:
- Securities Litigation. Lead counsel for Dynegy, Inc. in a securities class action and shareholder derivative suit arising from allegation of fraudulent accounting treatment of energy contracts and a natural gas transaction and from purported energy market manipulation;
- Financial Institution Litigation. Represented a major international lending institution in a five-week jury trial in which plaintiffs sought more than $150 million for alleged lender mismanagement and breach of contract;
- Design & Construction. Defeated a $100 million claim by a contractor for alleged misrepresentations by a bonding company;
- Oil & Gas. Represents oil & gas clients in numerous matters including those involving title disputes, royalty rights, operating agreements, nuisance and trespass claims, environmental contamination, breach of a seismic agreements, and accounting disputes;
- Civil litigation. Handles trial and arbitration proceedings in cases involving corporate ownership and management, partnership dissolutions, financial institutions and lending practices, business misrepresentations, wrongful death, personal injury, products liability, voting rights, wrongful wiretapping, age discrimination, wrongful termination, non-payment for professional services, and real estate development, design and construction.
Professional Recognition
- Best Lawyers in America - Litigation - Construction (2006-2012)
- Business Litigation Super Lawyer, Texas Monthly (2003-2011)
- Texas Super Lawyer, Law and Politics (2003, 2004, 2005, 2006, 2007, 2008)
- Board Certified in Civil Trial Law, Texas Board of Legal Specialization
Professional Leadership
- Adjunct Professor (teaching Civil Trial Advocacy), South Texas College of Law (1977 to present)
- Commercial and Construction Arbitrator, American Arbitration Association
- Speaker, Continuing Legal Education Courses on Civil Procedure, Evidence and Civil Trial Advocacy for University of Houston Foundation and the State Bar of Texas
- Member, Alexis de Tocqueville Society, United Way of Greater Houston
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.
West Texas Waterflood Project
Obtained partial summary judgment against breach of contract claims arising from the purchase of a waterflood project in West Texas and the alleged contractual duty to disclose plugging and abandonment obligations associated with shut-in wells on the property. Obtained favorable settlement of all other claims including those related to alleged violations of regulations affecting injection wells.
Dynegy Inc. Securities and Derivative Litigation
Represented Dynegy Inc. in putative securities class action and in shareholder derivative suits arising from allegations of fraudulent accounting treatment of certain energy contracts and a natural gas transaction, and from purported energy market manipulation.
Online Publications
07/20/2009 -
The 2008 Term of the United States Supreme Court: The Decisions Most Important to the Business Community
The United States Supreme Court recently issued several significant decisions affecting businesses and the nature of business litigation in federal court. The most important of these decisions are summarized in this alert.
03/31/2009 -
U.S. Supreme Court Rejects Pre-Emption Defense in Drug-Labeling Case
Earlier this month, in a closely watched pre-emption case, the U.S. Supreme Court issued a ruling that could have a significant impact on both highly-regulated industries and, by extension, state tort litigation. In
Wyeth v. Levine, the Court held that an FDA-approved label warning about the potential side-effects of a drug did not pre-empt a state-law tort claim challenging the adequacy of the drug maker’s label.
Rule 42 Class Actions: Recent Developments
This paper addresses the requirements and evidentiary considerations of class actions under Texas Rule of Civil Procedure 42, and focuses on developments in the area of Texas class actions in the recent Texas Supreme Court opinions. Although the specific requirements of class actions have not changed over the years, recent opinions from the Texas Supreme Court have greatly changed the interpretation of Rule 42.