Homolka v. Clark, No. 10-20337 (5th Cir. Mar. 3, 2011)
Persuaded the Fifth Circuit to affirm a take-nothing summary judgment that defeated multi-million dollar claims for breach of fiduciary duty and breach of contract based on allegations of a joint venture between the parties.
Arbitral Award Enforcement
Representation of an international corporation in the enforcement of an arbitral award under the Inter-American Convention on International Commercial Arbitration (“Panama Convention”).
H. v. C. (S.D. Tex.-Houston Div. 2010)
Won a take-nothing summary judgment to defeat a multi-million dollar claim alleging breach of fiduciary duty and breach of contract based on a claim that a joint venture existed between the parties.
ICO, Inc. Special Litigation Committee
Represented the Special Litigation Committee of ICO, Inc. in connection with investigating and resolving allegations raised in a shareholder derivative suit filed in Harris County, Texas, alleging breaches of fiduciary duty in connection with the ICO board’s approval of an acquisition of the company by A. Schulman, Inc.
$1.2 Billion Buyout - Restaurant and Casino Company
Represented the company in a $1.2 billion management led-buyout of a NYSE casino, hotel and restaurant company.
In re Citigroup Global Markets, Inc., No. 08-0289 (Tex. May 13, 2008)
Obtained a favorable settlement after persuading the Texas Supreme Court to grant oral argument in this mandamus proceeding involving the application of a forum selection clause to a nonsignatory under the direct benefits estoppel doctrine.
Vaalco Energy, Inc. Proxy Contest Litigation
Filed lawsuit alleging securities laws violations on behalf of independent oil company against a hedge fund-led insurgent group that had launched a proxy contest aimed at unseating three of the company’s directors. Obtained temporary restraining order, which prompted immediate settlement whereby insurgent shareholder group withdrew competing nominees to board of directors and cast votes in favor of company’s director nominees.
Gerdau/Quanex Class Action and Derivative Litigation
Representation of Brazilian steel company, Gerdau, and its U.S. subsidiary against aiding and abetting claims brought in Texas state court by Quanex shareholders in connection with Gerdau's acquisition of Quanex. Action was ultimately non-suited by plaintiffs.
ICC International Arbitration, situs of arbitration San Diego, California
Representation of a U.S. multinational corporation in an ICC arbitration relating to a retail sales dispute arising out of an international joint venture dispute in Latin America.
Triton Energy Corp. Securities Litigation
Defended an oil and gas company in a putative class action alleging misrepresentations and omissions regarding the company's oil and gas production prospects, and the status of a bidding process for the company's assets.
ICDR International Arbitration, situs of arbitration Houston, Texas
Representation of an international oilfield services company in a contractual dispute with a former Asian business partner.
CIETAC International Arbitration, situs of arbitration Beijing, China
Advise payment systems provider regarding its dispute with a joint venture partner in China.
Enron Corporation Securities Litigation
We are defending a major investment banking firm in multi-district litigation arising out of the collapse of Enron Corporation and involving single institutional plaintiff and class action suits.
ICDR International Arbitration, situs of arbitration Houston, Texas
Representation of an oil field equipment manufacturer in a dispute with a commercial agent regarding commercial agents throughout the Middle East and involving hundreds of millions of dollars worth of potential projects.
Multi-Practice Team Leader - Acquisition, Corporate Governance and Regulatory Issues
Represented clients in dealing with the SEC; plaintiff class action and derivative counsel; and other constituencies in dealing with stock options backdating and other governance issues, including adopting new corporate governance procedures, handling SEC civil enforcement claims, special litigation committees, and counsel for members of the Board.
ICDR International Arbitration, situs of arbitration Houston, Texas
Representation of aftermarket auto part company in dispute with its Asian manufacturer.
U.S. District Court in aid of ad hoc arbitration, situs of arbitration Singapore
Representation of an airport equipment manufacturer with regard to interim measures sought in aid of international commercial arbitration.