Representative Matters

Bankruptcy / Creditors’ Rights

  • Chief trial counsel representing major chemical company in trial in Delaware that successfully blocked $500 million sale of 830MW co-generation power plant in bankruptcy free and clear of contractual obligations owed to client by debtor power company. Favorable monetary settlement achieved.
  • Lead counsel for chemical company, as licensor of intellectual property, in preventing transfer of proprietary technology in contested Delaware bankruptcy proceedings.
  • Lead counsel for international computer company as claimant in product liability litigation in federal district court in Beaumont, Texas with significant monetary recovery.
  • Lead counsel for apartment project developer rescuing distressed properties from bankruptcy, and avoiding foreclosure by underlying lenders in Houston, Texas bankruptcy cases.
  • Representation in numerous bankruptcy reorganization cases on behalf of asset purchasers, creditors, landlords, tenants, and bankruptcy trustees.
  • Negotiation of a consensual plan of reorganization for a large hotel located in McAllen, Texas involving complex cash collateral and restructuring issues, and reduction of property tax obligations.
  • Creditor representation in a large Houston-based medical practice bankruptcy involving significant professional and personal liabilities.
  • Creditor representation of large chemical companies in numerous sizable Chapter 11 bankruptcy cases.
  • Creditor representation of a financial institution in bankruptcy of a manufacturing company resulting in a plan of reorganization yielding full payment of secured creditor’s $3,450,000 position.
  • Representation of a financial institution as owner of a shopping center in connection with a breach of a lease by a large supermarket chain, resulting in sale of the property to the prior operator of the supermarket and full payment of lease arrearages.

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Business / Commercial Litigation

  • National defense counsel for a major healthcare holding company defending against hundreds of lawsuits asserting claims of alleged corporate liability in medical malpractice and direct and vicarious liability litigation.
  • Chief trial counsel on behalf of multi-national gasoline marketer and distributor successfully enforcing property rights in title litigation relating to retail gasoline service stations in Texas.
  • Lead counsel in mortgage fraud and title insurance claim litigation on behalf of national mortgage lender.
  • Chief trial counsel on behalf of a large institutional client in its contract claims against several mortgage companies arising out of the mishandling of mortgage loan servicing responsibilities. Obtained significant monetary recovery and injunctive relief, and in the appeal of the case to the Fifth Circuit Court of Appeals, successfully argued to uphold the result.
  • Lead counsel defending FDIC as receiver for a failed bank in $100 million litigation involving substantial premises lease (10 floors, 25-year term) and ground leasehold interests in major downtown Houston office tower. Case settled before trial on favorable terms.
  • Lead counsel to multi-national oil producer and distributor in environmental litigation in South Boston Harbor, Boston, Massachusetts successfully defending suit for alleged contamination of oil tank farm. Case settled before trial on favorable terms.
  • Successful defense of a major healthcare holding company and its affiliates against attempted imposition of liability for alleged psychiatric care negligence at a subsidiary’s hospital.
  • Defense of a major healthcare holding company against corporate liability claims for alleged mishandling of a malfunctioning brain shunt at the hospital of one of its subsidiaries. The Firm obtained a directed verdict in the client’s favor.
  • Successful prosecution of multiple claims by hospitals regarding physician recruiting agreements.
  • Successful defense of hospital against claims of breach of advertising contract and trademark infringement claims.
  • Representation of a Houston based distributor/retailer of gasoline products in connection with multi-million dollar environmental claims against various owned and leased properties, including UST claims.
  • Representation of national health insurers in connection with coverage items, claims and ERISA litigation.
  • Defense of a major Houston bank in connection with lender liability claims of fraud, breach of contract, breach of fiduciary duty and breach of good faith and fair dealing arising out of commercial loan activities.
  • Defense of major national oil and gas companies in connection with malicious prosecution and tort claims related to employer-employee issues, and alleged personal injury claims.
  • Successful prosecution of claims for international sales of construction materials under Miller Act.
  • Representation of national software developer in connection with contracts and employment issues.

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Corporate

  • Analyze Escheat Laws of 50 states annually on behalf of major corporate client.
  • Representation of major investment fund in venture capital (debt/equity investments) in various emerging technology companies including loan documentation and lien instruments, shareholder agreements, stock purchase agreements, joint ownership agreements, operating agreements, leases, general corporate documents, workout agreements and asset sale agreements.
  • Representation of a major investor in the formation of various corporate entities, partnerships, limited partnerships, joint ventures and limited liability companies with over $80,000,000 in real estate assets; and the day-to-day governance of corporate/partnership affairs.
  • Representation of a Houston-based company in the successful resolution of a contested $6,500,000 minority shareholder position on liquidation of assets of a large oil and gas company.
  • Representation of a Houston based company in negotiating terms to protect its interests relating to the merger of a drug testing company in which it held a significant minority interest.
  • Representation of a Houston based company in the continued restructuring of its majority limited liability company interest in a Colorado development company with large scale distressed real estate assets.
  • Representation of a venture capital group in the acquisition of a significant block of stock in a closely held automotive operations company and the simultaneous creation of a $3,000,000 fully secured line of credit.
  • Representation of a venture capital group in the acquisition of a significant block of stock in a closely held factoring company and the simultaneous creation of a $3,400,000 fully subordinated debt offering.
  • Representation of a major healthcare holding company in the structuring or corporations, limited partnerships and limited liability companies in its system of subsidiaries to maximize tax benefits and property limit liability.

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Finance / Banking

  • Representation of a major Houston bank in financing the acquisition and construction of nine apartment complexes under a $65,000,000 line of credit to a Houston area developer.
  • Structuring, negotiation and workout related to a multi-million dollar financing of an oilfield supply company on behalf of a Texas bank and five other financial institutions involved in the syndicate.
  • Representation of various lenders in over $100,000,000 in construction financings for hotels, apartments and assisted living facilities over a three year period.
  • Representation of various lenders in over $60,000,000 in property acquisition financings over a three year period.
  • Representation of various lenders in over $30,000,000 in equipment lease financings over a three year period.
  • Representation of a Canadian investor in documenting and structuring the investor’s corporate, venture and direct real estate holdings in the Houston area.
  • Restructuring and ultimate sale of a lien position on a manufacturing plant in Kerrville, Texas for a major foreign bank.
  • Negotiation, structuring and documentation of financing for Miami, Florida; Wichita, Kansas; and Houston, Texas television stations.

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Real Estate

  • Representation of major oil company on the real estate aspects of divestment of fee and leased retail fuel facilities and their related assets throughout the United States involving bulk sale market transactions involving hundreds of individual retail sites.
  • Real estate counsel for major corporation restructure and refinance of midstream assets including due diligence review of title policies, drafting of closing documents and negotiating with the title company and lender.
  • Negotiation of two disaster recovery facilities for major company with emphasis on special technology needs including satellite communications, special HVAC and electrical needs, and other telecommunications.
  • Leasing representation of landlord on two major downtown Houston buildings.
  • Representation of major companies in post-hurricane negotiations with respect to damaged facilities (both as landlord and tenant) in Houston, New Orleans and Port Arthur.
  • Representation of major oil company in the negotiation of master license agreement with major Port Authority covering over 200 licenses for pipelines, roadways and utilities.
  • Representation of corporate client on sublease arrangements with major fast food retailer and development of fast food site.
  • Representation of major pipeline company in real estate development of multiple industrial facilities.
  • Representation of major oil company on the real estate aspects of divestment of fee and leased retail fuel facilities and their related assets throughout the United States involving bulk sale market transactions involving hundreds of individual retail sites.
  • Real estate counsel for major corporation restructure and refinance of midstream assets including due diligence review of title policies, drafting of closing documents and negotiating with the title company and lender.
  • Representation of major company in analyzing and structuring joint plant ownership and lease arrangements.
  • Representation of the Housing Department of a major City on various multifamily loans for the Neighborhood Stabilization Program (NSP), Community Development Block Grants (CDBG) and the HOME program with HUD .
  • General representation of a major developer/investor as to corporate venture and large scale real estate holdings in Houston involving over 35 commercial projects including the sale of three major office buildings and developmental requirements involved in the sale of major tracts of raw land.
  • Representation of a major oil and gas company in lease negotiations involving over 259,000 square feet in a major downtown office complex and in lease negotiations for satellite facilities throughout the United States and Canada.
  • Representation of a major technology company in lease negotiations involving over 50,000 square feet in a major Houston office complex.
  • Representation of major Houston oil and gas company on a restriction problem limiting the development of a large tract of land in Clear Lake City.
  • The creation of mortgage liens on over 74 properties across six states to secure significant financing held by a major Houston bank.
  • Representation of a Houston based company in the sale of multiple partnership and limited liability company interests relating to real estate holdings throughout Texas and Colorado.
  • Representation of a major wholesaler in triple net lease negotiations for one of its significant facilities.
  • Representation of an international trading company in the sale of a major office building on the Southwest Freeway in Houston.

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