Patrick Keating is an experienced trial lawyer who represents both plaintiffs and defendants in lawsuits and arbitrations. He has successfully represented clients in complex commercial disputes involving claims such as breach of fiduciary duty, theft of trade secrets and corporate opportunities, minority shareholder oppression, fraud, tortious interference, breach of contract and negligence.
Select Client Representations
- After a three-week jury trial in November 2010, secured a judgment in excess of $3.9 million for Celanese, Ltd. against engineering and construction company KBR, Inc. Celanese prevailed on its breach of contract claim arising out of a contract under which KBR undertook the responsibility to design, build and run experiments in a chemical industry pilot plant. Celanese also prevailed on all of KBR's counterclaims.
- Representation of a plaintiff developer of power plants seeking to recover more than $200 million in damages in a lawsuit in which the developer claims defendants committed breaches of fiduciary duty and contract, fraud, and other harmful acts, in connection with a partnership to develop and manage power plants.
- Representation of semiconductor manufacturer seeking to recover more than $900 million from the defendant in a lawsuit involving claims of theft of trade secrets and breach of contract.
- Representation of multiple business jet aircraft distributors in state court and arbitration cases involving claims that the aircraft manufacturer breached distribution contracts and aircraft purchase contracts.
- Multiple successful representations of plaintiff shareholders and defendant corporations in cases involving claims of minority shareholder oppression, breach of shareholder agreements, and breach of fiduciary duty.
- Representation of the trustee of a charitable trust in a lawsuit involving claims of breach of fiduciary duty and interpretation of the trust agreement.
Recent Honors
- Recognized as a "Texas Super Lawyer" in 2005 by Law & Politics and the publishers of Texas Monthly.
- Recognized as a "Rising Star" in 2004 and 2005 by Law & Politics and the publishers of Texas Monthly.
Recent Publications
- "Minimizing the Risks of Litigation by Contract," ABA Section of Litigation Committee on Corporate Counsel CLE Seminar, February 12-15, 2009
- "Partial Safe Harbors for Interested Officers and Director Transactions," American Bar Association Business Torts Journal, Summer 2007
- "Anatomy of a Business Decision, Case Study - The Experts Weigh In," Inc. Magazine, October 2006
Selected Representative Experience
Vikon International, Inc. v. Sensorlogic, Inc.
Defended lawsuit asserting claims for copyright infringement, declaratory judgment, breach of contract, negligent misrepresentation, tortious interference, misappropriation, business disparagement, and unjust enrichment regarding ownership of source code related to remote access road sign messaging system and obtained dismissal of copyright infringement and related claims.
Multi-Million Dollar Recovery - Major Texas Energy Producer
Represented a developer of power plants seeking to recover more than $200 million in damages from defendants the developer claimed committed breaches of fiduciary duty and contract, fraud and other harmful acts in connection with a partnership to develop and manage power plants.
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.
Rockwall Commons Assocs., Ltd. v. MRC Mortgage Grantor Trust I, 331 S.W.3d 500 (Tex. App.-El Paso 2011)
Persuaded the El Paso Court of Appeals to affirm a multi-million dollar judgment in a commercial dispute involving the refinance of a $22 million construction loan.
Online Publications
02/12/2009 -
Minimizing the Risks of Litigation by Contract
The old adage that “an ounce of prevention is worth a pound of cure” applies to the legal profession just as it does to the rest of life. In the context of preparing a contract, a relatively minor investment in attorney time to address certain issues during the drafting stage may protect the client from large amounts of damages and attorney’s fees if litigation should later erupt out of the agreement.
This paper addresses some of the more important contract clauses that parties may utilize to limit their future exposure to litigation expenses and damages.
07/01/2007 -
Partial Safe Harbors for Interested Officers and Director Transactions