Liz Klingensmith

Practices

Special Focuses

Education and Clerkships

J.D., University of Houston Law Center, 2004, Houston Journal of International Law

B.A., English Literature, Rice University, 1999

B.M., Music History, Rice University, 1999

Bar Admissions

Texas, 2004

Profile

Liz Klingensmith's experience includes all aspects of litigation: early case assessment, litigation risk analysis, alternative dispute resolution procedures including arbitration and mediation, large-scale discovery including electronic document collection, review and production, motion practice, pre-trial preparation, trial and settlement. She primarily focuses her litigation practice on disputes arising from oil and gas projects. As part of that practice, she frequently provides clients critical analysis of various oil and gas related transactions including joint operating agreements, master services agreements, procurement agreements, lease agreements, exploration and development agreements, joint venture agreements, purchase and sale agreements and various financing agreements.  

In addition to her oil and gas experience, Liz has extensive experience litigating large scale commercial disputes that involve claims for breach of contract, fraud, breach of fiduciary duty, post-judgment enforcement, theft of trade secrets, breach of employment agreements, conversion, declaratory judgment and foreclosure, among others, in a wide array of industries that includes transportation, construction, banking, real estate and professional services.

Selected Publications and Presentations 

  • "Bright Lights, Big Oil," co-author, The Houston Lawyer, November/December 2014. 
  • "Things that Go Bump in the Night: Litigation Risks that Leave Oil and Gas CEOs Sleepless," co-author, Oil & Gas Monitor, October 6, 2014. 
  • "Drilling Into Ambiguities In Oil And Gas Laws," Co-author with Jessica Rivera, Law360, March 28, 2012. 
  • "EPA Issues Draft Report on Well Water Contamination in Wyoming," Co-author, ABA Energy Litigation Section, February 2012. 
  • "On Shaky Grounds: EPA's Tentative Findings In Wyoming," Co-author, Oil and Gas Investor, February 2012. 
  • "Texas Signs Fracking Disclosure Bill Into Law," Energy Litigation News & Developments, American Bar Association Section of Litigation, June 24, 2011. 
  • "Boilerplate Clauses in Contracts: Avoiding Unintended Consequences," live webinar/teleconference presented by Strafford Publications, Inc., May 17, 2011. 
  • "House Bill Could Make Impairment of Mineral Estates a Compensable Regulatory Taking," Co-author with Megan Bibb, Energy Litigation News & Developments, American Bar Association Section of Litigation, April 5, 2011. 
  • "Senate Bill Seeks Required Disclosure of Chemicals in Fracking Fluid," Energy Litigation News & Developments, American Bar Association Section of Litigation, March 18, 2011. 
  • "Litigating Conflicting Procedures in Separate but Related Agreements," American Bar Association Section of Litigation, December 20, 2010. 
  • "A Watched Pot Never Boils: Preventing Boilerplate Provisions from Bubbling Over," Co-author, The Houston Lawyer, September/October 2010. 
  • Energy Law and Transactions, Cleantech Financing Chapter, Co-contributor, 2009-2010. 

Professional Recognition

  • Texas Super Lawyers Rising Stars Edition, 2014
  • Selected for inclusion in Texas Super Lawyers - Rising Stars Edition in Energy & Natural Resources (2013) 
  • Commissioned by Governor Perry as a Yellow Rose of Texas (2010)

Recognition

Super Lawyers

Texas Rising Stars 2014

Thirty-two Haynes and Boone lawyers have been selected for inclusion in the 2014 edition of the Texas Super Lawyers Rising Stars directory. Compiled through peer nominations and research, the Rising Star distinction is given to only two percent of young attorneys in Texas.

Professional and Community Activities

  • ABA Energy Litigation Section, Co-Chair Energy Litigation Committee, 2013-2014 
  • Institute for Energy Law Advisory Board Member, 2011-2014 
  • Women's Energy Network 
  • Young Leader, United Way of Greater Houston 
  • Houston Young Lawyers Foundation Fellow, Class of 2010

Selected Client Representations

  • Obtained take-nothing judgment against oilfield service company in dispute resulting from a non-working vapor recovery unit. 
  • Obtained judgment for damages and attorney fees on behalf of tenant in commercial lease dispute. 
  • Obtained favorable arbitration award on behalf of pipeline company against large valve manufacturer for damages, costs and attorney's fees incurred as a result of an inline inspection tool becoming lodged in a defective valve.  
  • Obtained favorable settlement on behalf of former owners of waterflood project related to alleged violations of Texas Railroad Commission Rules concerning injection wells. 
  • Successfully mediated oil and gas dispute to a favorable settlement on behalf of investment banker related to the rendition of financial advisory services in connection with the acquisition of oil and gas interests. 
  • Litigated dispute that concerned the construction of various provisions in a series of oil and gas leases including continuous operations and horizontal severance clauses. 
  • Advised clients in disputes involving former employees that concern breach of employment or confidentiality agreements and theft of trade secrets. 
  • Successfully obtained writ of garnishment and subsequent recovery of over $100,000 in post-judgment enforcement action. 
  • Obtained summary judgment in favor of financial corporation for ownership of $14 million in proceeds. 
  • Prosecuted code violations and misdemeanors for the City of Houston Municipal Courts as a volunteer prosecutor.

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