Securities and Shareholder Litigation

• Fracking company – defense of Section 11 securities class action in Dallas County District Court
• Private energy company – trial in Delaware Chancery Court concerning sale of shareholder interest in holding company of a power enterprise
• International oil-and-gas exploration company - defense of Section 10b-5 and Section 11 securities class action in the Northern District of Texas; dismissal of derivative suit in District of Delaware for plaintiff’s failure to plead demand futility, Smith v. Carrillo, Civ. Action No. 18-1399-RGA (Nov. 26, 2019)
• Major rent-to-own company – defended securities class action pending in the Eastern District of Texas resulting in a settlement covered by insurance; defended derivative suits in the Eastern District of Texas and Dallas County District Court without any payout from defendants
• Officers and directors of stand-alone emergency room operator - defense of securities class action in the Eastern District of Texas and state-law fraud and securities claims in Denton, County Texas
• Major oilfield services company – dismissal of Section 10b-5 claims in the Northern District of Texas, Magruder v. Halliburton Co., 359 F.Supp.3d 452 (N.D. Tex. 2018)
• Major oilfield services company – more than a decade-long defense of securities class action in the Northern District of Texas, the Fifth Circuit Court of Appeals and the Supreme Court of the United States, which issued a landmark ruling allowing defendants to challenge applicability of the fraud-on-the-market presumption at the class-certification stage, Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014)
• Former CEO of major asset management firm – dismissal of securities claims for plaintiff's failure to adequately plead former CEO's scienter. In re Smith Barney Transfer Agent Litigation, 2012 WL 3339098 (S.D.N.Y. Aug. 15, 2012)
• Big Four accounting firm – defense of securities class action in the Southern District of New York
• Major accounting firm – defense of securities class action in the Northern District of Texas
• J.C. Penney Directors – defense of shareholder derivative claims in Dallas County District Court

Professional Liability

• Multiple major accounting firms – representation in investigations by the SEC, PCAOB and various state boards of accountancy; multiple matters in which agency has issued closing letters declining to pursue charges
• Major financial institution – hired to defend bank acting in its fiduciary capacity in post-trial matters after significant multi-billion-dollar verdict with large punitive damages component
• Major financial institution – breach of contract and fraud suit against bank and fiduciary professional where trial court issued a take-nothing judgment and Supreme Court of Texas issued a closely-watched opinion concerning the issue of whether reliance on alleged misrepresentations is justified in the face of red flags and contractual language to the contrary, JPMorgan Chase Bank, N.A. v. Orca Assets G.P., L.L.C., 546 S.W.3d 648 (Tex. 2018)
• Major financial institution – defense of tort claims against bank in its capacity as a fiduciary in connection with oil-and-gas lease transaction where court of appeals affirmed trial court’s summary judgment in favor of defendants, Dorfman v. JPMorgan, 2018 WL 5074769, Tex. App.—Ft. Worth Oct. 18, 2018)
• Texas law firm – motion to dismiss professional liability claims with favorable outcome
• Major accounting firm – successful defense of fraud and negligent misrepresentation claims in the Texas Supreme Court resulting in an opinion that rejected holder claims as an issue of first impression and clarified the limited scope of auditor's liability to non-clients. Grant Thornton LLP v. Prospect High Income Fund, 314 S.W.3d 913, 2010 WL 2636124 (Tex. July 2, 2010)
• Multiple major law firms – numerous suits defending malpractice, fraud and breach of fiduciary duty claims arising out of intellectual property disputes and various business transactions
• Major law firm – received reconsideration and reversal of Rule 11 sanctions order in patent suit
• Major accounting firm – jury trial in suit involving fraud, negligent misrepresentation, and malpractice claims, including argument in directed verdict on cross-claims by firm's alleged former client

Complex Commercial Litigation and Appeals

• Major financial institution – following mandamus proceeding in the Dallas Court of Appeals, dismissal of suit based on language in forum-selection clause, In re JPMorgan Chase Bank, N.A., 2018 WL 1312470, (Tex. App.—Dallas, March 14, 2018)
• Medical device distributor – coordinating defense of breach of contract and tort claims in context of overall strategy for litigation, whistleblower investigation, and various transactional issues
• Major industrial company and officer – consult concerning suits under false claims statutes and related securities litigation
• Major energy company – defense of a class action brought by Native Americans claiming they were promised too low a royalty and bonus payments resulting in dismissal and affirmance on appeal
• International defense contractor – defense of breach of contract and fraud claims in the Northern District of Texas, including multiple trips to Bangkok, Thailand for depositions; secured summary judgment on fraud and contract claims related to a defense contract with Taiwan government. Thai Equipment Research Co. v. Camber Corp., 3:09-cv-0023-P (N.D. Tex. Dec. 12, 2010)
• Petrochemical company – successful petition for writ of mandamus resulting in vacatur of trial court's discovery orders. In re Exxon Corporation, 208 S.W.3d 70 (Tex. App.—Beaumont 2006, no pet.)
• Major banks – defeated petition for writ of mandamus in suit involving failed merger
• Major bank – defeated petition for writ of mandamus concerning third-party discovery
• Corporate directors – argued dispositive motion and jury charge in trial in directed verdict on fraud claim and a jury verdict with a favorable outcome