United States Supreme Court

• Argued case successfully clarifying the standard for “undue hardship” with respect to Title VII religious accommodations (Groff v. DeJoy, No. 22-174 (U.S. June 29, 2023))
• Argued case concerning the fraud-on-the-market theory for federal securities class actions, obtaining vacatur of class certification and favorable holding that defendants may present price-impact evidence to defeat class certification (Halliburton Co. v. Erica P. John Fund, Inc., 573 U.S. 258 (2014))
• Argued case concerning whether bankruptcy professionals may be compensated for time incurred defeating objections to their fee applications (Baker Botts L.L.P. v. ASARCO LLC, 576 U.S. 121 (2015))
• Represented petitioner energy company in merits case involving Natural Gas Act preemption of state-law antitrust claims (ONEOK, Inc. v. Learjet, Inc., 575 U.S. 373 (2015))
• Served as co-counsel with Court-appointed amicus in support of judgment below, securing rare affirmance where United States declined to defend criminal sentence (Setser v. United States, 566 U.S. 231 (2012))
• Represented respondent in litigation addressing requirements for achieving class certification in securities actions (Erica P. John Fund, Inc. v. Halliburton Co., 563 U.S. 804 (2011))
• Represented respondent mutual-fund adviser in case establishing favorable standard for challenges to adviser compensation under the Investment Company Act (Jones v. Harris Associates L.P., 559 U.S. 335 (2010))
• Co-authored amicus brief for Veterans of Foreign Wars that was cited 12 times in the plurality and concurring opinions of the Court (Salazar v. Buono, 559 U.S. 700 (2010))
• Authored amicus brief for U.S. Conference of Catholic Bishops that was quoted by the concurring opinion of two Justices (Our Lady of Guadalupe Sch. v. Morrissey-Berru, 140 S. Ct. 2049 (2020))
• Successfully opposed petition for certiorari in high-profile intellectual property dispute in which Court called for the views of the Solicitor General (Apple Inc. v. Qualcomm Inc., No. 21-746))
• Successfully opposed U.S. Solicitor General's petition for certiorari in case involving method for calculation of estate tax on stock in closely-held companies (Comm’r of Internal Revenue v. Estate of Jelke, 555 U.S. 826 (2008))

Federal Appeals

• Successfully argued case of nationwide first impression, obtaining holding that commingled spills of hazardous substances mixed with oil products are covered by CERCLA and not the Oil Pollution Act, resulting in dismissal of tens of millions of dollars in economic-damages claims brought under OPA. (Munoz v. International Terminals Company, L.L.C., 85 F.4th 343 (5th Cir. 2023)).
• Successfully argued for intervenor electricity generator, obtaining holding that bankruptcy court erred in entertaining $335 million adversary claim arising out of Winter Storm Uri because court should have deferred to state proceedings under Burford v. Sun Oil Co. (In the Matter of Just Energy Grp., Inc., 57 --- F.4th 241 --- (5th Cir. 2023))
• Argued for state and national trade associations successfully challenging venue in the D.C. Circuit over a Clean Air Act regulation, resulting in transfer to the Fifth Circuit and ultimate dismissal of petitions (Sierra Club v. EPA, 47 F.4th 738 (D.C. Cir. 2022))
• Represented USPS employee challenging employer’s denial of a Sabbatarian religious accommodation under Title VII, obtaining holding that a “reasonable accommodation” must eliminate the conflict with the employee’s religious belief (Groff v. DeJoy, 35 F.4th 162 (3rd Cir. 2022), cert. granted, No. 22-174 (Jan. 13, 2023))
• Argued and secured affirmance of multimillion-dollar verdict for energy-industry website in trade secrets dispute (DHI Grp., Inc. v. Kent, No. 21-20274, 2022 WL 3755782 (5th Cir. 2022))
• Argued for state and national trade associations challenging a major federal chemical regulation, obtaining ruling that agency violated the Administrative Procedures Act and the Consumer Product Safety Improvement Act in promulgating regulation (Tex. Ass’n of Mftrs. v. CPSC, 989 F.3d 368 (5th Cir. 2021))
• Represented energy company in precedent-setting ERISA class action, securing ruling that retirement plans need not forcibly divest participants’ holdings in legacy-employer stock after a spin-off (Schweitzer v. Inv. Cmte. of the Phillips 66 Savings Plan, 960 F.3d 190 (5th Cir. 2020))
• Secured indemnity for $60 million-plus damages claim arising out of massive oil-well blowout in Gulf of Mexico and ensuing product-liability suit (Certain Underwriters at Lloyds London v. Axon Pressure Prods, Inc., 951 F.3d 248 (5th Cir. 2020))
• Argued and obtained affirmance of defense judgment in rare gas-royalty class action that proceeded to verdict and defeated related appeals brought by intervenors challenging opt-out procedures and adequacy of class counsel (Smith v. SEECO, Inc., 922 F.3d 398 & 922 F.3d 406 (8th Cir. 2019))
• Argued for Louisiana power plants in successfully defending the state's regional-haze plans against challenge under the Clean Air Act (Sierra Club v. EPA, 939 F.3d 649 (5th Cir. 2019))
• Argued for Texas billionaire entrepreneur and philanthropist John Paul DeJoria, defeating recognition of $123 million Moroccan judgment in first U.S. ruling refusing to recognize a foreign judgment under the “specific proceeding” due-process prong of Uniform Foreign-Country Money Judgments Recognition Act (DeJoria v. Maghreb Petrol. Expl., S.A., 935 F.3d 381 (5th Cir. 2019))
• Represented intervenor governmental entity in defeating Equal Protection challenge to voting districts for Edwards Aquifer Authority, resulting in first Fifth Circuit ruling addressing the special-purpose-district exception to the one-person one-vote mandate (League of United Latin American Citizens v. Edwards Aquifer Auth., 937 F.3d 457 (5th Cir. 2019))
• Argued and secured affirmance on appeal of dismissal of False Claims Act complaint alleging over $100 million in damages (Jamison v. Del-Jen, Inc., No. 17-10409 (5th Cir. Aug. 24, 2018))
• Argued appeal involving billion-dollar damages claim and issues of first impression in the Fifth Circuit, securing holding that a delegation clause in an arbitration agreement requires the arbitrator to decide whether employees of signatories may compel arbitration (Brittania-U Nigeria, Ltd. v. Chevron USA, Inc., 866 F.3d 709 (5th Cir. 2017))
• On behalf of Texas power plants, won stay of Texas Regional Haze rule and defeated EPA's motion to transfer venue to D.C. Circuit, in case of first impression under Clean Air Act's venue provisions (State of Texas v. EPA, 829 F.3d 405 (5th Cir. 2016))
• Won rare victory on petition for panel rehearing, resulting in dismissal of $50 million claim for alleged consulting fees on sale of BP's Pakistan assets and issuance of precedent-setting opinion on test for removal of claims involving alleged fraudulent joinder (Int'l Energy Ventures Mgmt., L.L.C. v. United Energy Group, Ltd., 818 F.3d 193 (5th Cir. 2016))
• Represented energy companies in defeating appeal by foreign sovereign-owned company alleging $300 million conversion claims (Pemex Exploracion y Produccion v. ConocoPhillips Co., 595 F. App’x 445 (5th Cir. 2015))
• Argued for intervenor pipeline successfully defending FERC's issuance of Natural Gas Act certificate against environmental and statutory challenges (MREPS v. FERC, 762 F.3d 97 (D.C. Cir. 2014))
• Argued landmark “whooping cranes” appeal, obtaining reversal of judgment that had enjoined water permitting on Texas river basins, resulting in an opinion setting standard for proximate cause under Endangered Species Act (Aransas Project v. Shaw, 775 F.3d 641 (5th Cir. 2014))
• Obtained affirmance of largest fee enhancement awarded to bankruptcy professionals in the history of the Bankruptcy Code (In re ASARCO, LLC, 751 F.3d 291 (5th Cir. 2014))
• Defeated EEOC appeal challenging company's retirement age for corporate pilots that mirrored FAA rule for airline pilots, resulting in first appellate decision on the issue in over 20 years (EEOC v. ExxonMobil Corp., 560 F. App’x 282 (5th Cir. 2014))
• Defeated United States’ appeal of decision preliminarily enjoining under the Due Process Clause a federal statute imposing state-of-delivery taxes on Internet and mail-order sellers of tobacco products (Gordon v. Holder, 721 F.3d 638 (D.C. Cir. 2013))
• Represented executive in case establishing standard for aiding and abetting under PSLRA (SEC v. Apuzzo, 689 F.3d 204 (2d Cir. 2013))
• Lead counsel in obtaining favorable settlement on appeal in high-profile securities case (SEC v. Conrad Black, No. 12-3770 (7th Cir.))
• Obtained affirmance of dismissal of multibillion-dollar dispute among energy companies over rights to Ecuadorean mineral concessions (Grynberg v. Ivanhoe Energy, Inc., 490 F. App’x 86 (10th Cir. 2012), cert. denied, 133 S. Ct. 941 (2013))
• Persuaded D.C. Circuit to reinstate constitutional challenge to federal tobacco statute, resulting in statute being preliminarily enjoined on remand (Gordon v. Holder, 632 F.3d 722 (D.C. Cir. 2011), on remand, 826 F. Supp. 2d 279 (D.D.C. 2012)
• Successfully represented Fortune 500 company in $28 million dispute with hedge fund over payments required under convertible indentures (Fluor Corp. v. Citadel Equity Fund, Ltd., 413 F. App’x 756 (5th Cir. 2011))
• Successfully represented telecom, grocery, and data-management companies in persuading Fifth Circuit to reject multibillion-dollar claims in case of first impression under the Drivers Privacy Protection Act (Taylor v. Acxiom Corp., 612 F.3d 325 (5th Cir. 2010), cert. denied, 131 S. Ct. 908 (2011))
• Persuaded Fifth Circuit to reverse bench-trial judgment in fiduciary-duty dispute over oil and gas leases (Fisher v. Miocene Oil & Gas Ltd., 335 F. App’x 483 (5th Cir. 2009))
• Successfully represented domestic energy company in ERISA stock-drop class action presenting issues of first impression in the Fifth Circuit regarding the presumption of prudence for ERISA fiduciaries (Kirschbaum v. Reliant Energy, Inc., 526 F.3d 243 (5th Cir. 2008))
• Assisted in persuading Second Circuit to reverse injunction against Remote Storage DVR under various provisions of Copyright Act (Cartoon Network LP v. CSC Holdings, Inc., 536 F.3d 121 (2d Cir. 2008), cert. denied, 557 U.S. 946 (2009))
• Persuaded Ninth Circuit to reject United States’ interlocutory appeal of key evidentiary ruling in criminal prosecution against domestic energy company, resulting in ultimate dismissal of all charges on favorable terms (United States v. Reliant Energy Servs., Inc., 188 F. App’x 629 (9th Cir. 2006))
• Represented defendants in appeal of bank-fraud convictions (United States v. Agnew, 147 F. App’x 347 (4th Cir. 2005))

State Appeals

• Argued and won for defamation plaintiff, securing holding that attorney immunity and the judicial-proceedings privilege do not apply to an attorney’s or litigant’s statements to the press or on social media (Landry’s, Inc. v. Animal Legal Def. Fund, 631--- S.W.3d 40 (Tex. 2021))
• Won mandamus in precedent-setting e-discovery case applying stringent standard to trial court orders that dictate terms of electronic keyword searches (In re MasterFlo Valve Inc., 485 S.W.3d 207 (Tex. App. Houston [14th Dist.] 2016))
• Represented incumbent utility in stranded-costs litigation arising out of deregulation of Texas electric industry, resulting in recovery of additional $1 billion over amount awarded by court of appeals (State v. Pub. Util. Comm’n of Tex., 344 S.W.3d 349 (Tex. 2011))
• Secured affirmance of summary judgment in antitrust litigation between pharmaceutical manufacturers alleging pre-merger conspiracy in violation of California's Cartwright Act (Asahi Kasei Pharma Corp. v. Cotherix, Inc., 204 Cal.App.4th 1 (Cal. Ct. App. 2012))
• Assisted in obtaining reversal of $1.7 billion jury verdict in securities-fraud case (Morgan Stanley & Co. v. Coleman (Parent) Holdings Inc., 955 So. 2d 1124 (Fla. App. 2007))

Other

• Obtained permanent injunction and consent decree on federal constitutional claims against Dallas ordinance, resulting in rare defeat for a local “flow control” law (Nat’l Solid Wastes Mgmt. Ass’n v. City of Dallas, 903 F. Supp. 2d 446 (N.D. Tex. 2012))
• Obtained preliminary injunction under the Due Process Clause against federal statute imposing delivery-state taxes on Internet and mail-order sales of certain tobacco products (Gordon v. Holder, 826 F. Supp. 2d 279 (D.D.C. 2012))
• Defeated Establishment Clause claim against Texas county arising out of volunteer chaplain program administered by local justice of the peace (Freedom from Religion Foundation, Inc. v. Mack, 2018 WL 6981153 (S.D. Tex. Sept. 27, 2018))