Editorial: Commercial Litigation in Texas

01 May 2007

In the Dallas office, litigation co-head William Dawson was roundly praised for his “dauntless, mature” approach. With 30 years of experience and a reputation for defending lawyers and auditors in malpractice cases as well as patent infringement litigation, he has also worked for accounting firms, oil and gas companies, and real estate developers in fraud and theft matters. Dawson recently obtained the dismissal of a class action seeking injunction under the Pipeline Safety Act and defended brain injury cases resulting from pipeline explosion. Robert Walters, Dawson’s colleague in Dallas, is lauded as “a must on any list”. He serves on the firm’s management committee and is a former co-managing partner of the Dallas office, with experience in federal and state trial and appellate courts, representing clients from the computer, insurance, electric utility, health care and entertainment industries. Lately, he secured denials of motions to certify national classes of around 25,000 independent video retailers against Blockbuster and the major Hollywood film studios claiming violations of federal and California antitrust and trade practices statutes. 

Three lawyers from V&E’s Houston office complete the firm’s representation in this chapter. David Harvin is another “great choice”, representing energy companies, financial institutions and other clients in business disputes, with an “ability to produce concise analysis, consistently delivering the goods at trial”, according to one admiring testimonial. One example of his energy work is his rebuffing of an attempt to assert a preferential right to purchase a 50 per cent interest in a Texas intrastate pipeline that Enron sold to a third party. “Superb lawyer” Harry Reasoner’s “top-tier” practice gained the highest praise from many of our contributors. He was described as “top of the list” for complex civil litigation and has led many litigation and arbitration cases involving antitrust, securities, insurance, contract and tort claims for billions of dollars as well as handling high-end appeals of verdicts not originally tried by the firm. Recently, he was lead trial attorney for a V&E team that represented the ETSI Pipeline Project, a joint venture attempting to build a coal slurry pipeline, in a suit brought against various western railways. The case resulted in the client’s receipt of a net amount of approximately $425 million in pre-trial and post-judgment settlements, the largest of which followed a jury verdict and subsequent judgment of over $1 billion in damages. “Media litigation star” William Sims completes the V&E group listed here. 

Litigation boutique Susman Godfrey LLP has a national reputation for the excellence of its lawyers. With 85 lawyers spread between offices in Los Angeles, Seattle and New York, as well as Houston and Dallas, this specialist heavyweight is one of the largest firms focusing on high-end commercial litigation. With significant settlements for clients such as Novell and Enron, the Susman Godfrey team has a reputation that is “hard to match”. Name partner Stephen Susman leads the rankings for this edition, having gained the most recommendations. This “excellent, steadfast” lawyer is “aggressive in the very best sense of the word”. According to one source, as well as his “fantastic work in the technology and energy field”, Susman has recently been making “bold strides in global warming litigation”, having successfully represented a coalition of 37 Texas cities opposing the permitting of coal-fired electricity generators by TXU, leading to the suspension of the new purchasers of the company’s permit application. “World-class” Lee Godfrey also elicited high praise for his “top-tier” practice and “great courtroom presence”. In 2006, he was co-lead in a settlement obtained for Lyondell Chemical in claims brought on behalf of Lyondell-Citigo Refining against PDVSA, Venezuela’s national oil company, for breaching a long-term crude oil supply contract. “Talented” Terrell Oxford is, according to one impressed source, “yet another great all-rounder in this excellent firm”. Oxford handles matters ranging from business litigation and securities class actions to defamation and global warming litigation. He was lead trial for ORYX Capital Markets in suits involving two commercial mortgage-backed securities offerings. Neal Manne, described as “pure class before the jury” and admired for his “sheer intelligence”, has a reputation for mass tort cases, energy industry litigation, breach of contract litigation and complex insurance cases, among many others. Manne was lead counsel for defendants in the Rio Piedras Explosion Litigation in Puerto Rico’s capital San Juan, overseeing the defence of over 500 consolidated law suits and is also national trial counsel for Wal-Mart in several wage and hour class actions. 

“Top boutique” Gibbs & Bruns LLP fields three lawyers on the following pages, reinforcing the fact that litigation boutiques have a considerable stake in the Texas’s marketplace. This bastion of trial law “covers all the areas”, from securities and intellectual property to lender liability and oil and gas, and serves clients such as Ecorp, MW Kellogg, Merrill Lynch Investment Managers, Pacific Investment Management and Stone Energy as well as defending 15 former directors of Enron from various class actions. Closely associated with this is “top tier” name partner, Robin Gibbs, who has also defended Azurix, an Enron affiliate, against a class action alleging securities fraud in the company’s IPO, winning a dismissal without prejudice. Gibbs has garnered universal plaudits for his “extremely high standards” and extensive experience in the field, especially in high-stakes securities litigation. Joining him at the firm’s securities trial table is Kathy Patrick, a “tough and sharp” litigator, “great for complex cases”, and with “real expertise in securities and legal malpractice litigation”. Phillip Bruns was similarly well regarded. Commentators state that he “absolutely belongs on any list of litigators”. His practice was especially noted for his expertise in the IP and energy sectors. Fourth from this “great firm” to be listed, Chris Reynolds shares Bruns’s emphasis on oil and gas and intellectual property litigation. Reynolds’s candidacy for the following pages elicited a warm reception for his “talent, tenacity and intelligence”. 

An international firm with 750 lawyers worldwide, Baker Botts LLP has existed for over 150 years since its inception in Houston. In that time, the firm has built up a hugely varied and talented group of lawyers with a worldwide reputation for success and a network able to cover venues all over the world. This “pillar of the Texas community” boasts three lawyers recommended for their litigation expertise. Houston-based, Daryl Bristow’s 35 years in practice have earned him respect among respondents to our survey. He specialises in civil litigation in federal and state courts as well as contested administrative agency matters and arbitrations. This “exceedingly capable trial lawyer”, “shines in high-profile cases” such as the defence of President Bush and Vice President Cheney in the Florida state court election contests regarding balloting for the 2000 presidential election. Also involved was Irvin Terrell, another “titan” from the Houston office. Terrell has a “formidable reputation” as a business litigator nationwide, specialising in antitrust, contracts, fiduciary duty, election disputes, IP and securities. He recently defended American Airlines in a billion-dollar predatory pricing antitrust suit brought by Continental Airlines and Northwest Airlines, resulting in a jury verdict for the defence. Dallas’s Rod Phelan completes the Baker Botts contingent, and he comes with 30 years of experience in the courtroom and a back catalogue of cases that include defence of professional malpractice claims, oil and gas, IP and corporate governance among other commercial issues. Phelan was involved in an International Chamber of Commerce arbitration concerning the defence of claims relating to an oil refinery in Kazakhstan. 

Three lawyers also make the cut at Fulbright and Jaworski LLP, one of the largest law firms in the US. The firm’s litigation department provides a global service and maintains strong links between offices. In Houston, Linda Addison, described as “ one of the jewels in the firm’s crown”, is well known for “big, hard cases with a lot of money involved” on behalf of large and small financial institutions and companies such as Mars and General Electric. She was lead counsel in the Enron ERISA cases. For many respondents to our survey, “seasoned commercial litigator” Frank G Jones is “a cut above”. This Houston lawyer has tried over 100 jury cases in his career including antitrust cases and securities class actions. Jones recently represented an oil industry service company in a suit by an energy company, which alleged that a poor cement job caused a well to be non-productive – the jury found no liability on his client’s part. Fulbright’s third inclusion, also in the Houston office, is “top” Dudley Oldham, a well-regarded lawyer within the community whose practice focuses on complex litigation in the areas of energy, patent infringement and trade secret litigation. 

King & Spalding LLP, a firm with an illustrious history and an enviable international footprint, fields three lawyers from its Houston office. The firm’s litigation practice gained special praise for its energy and environmental arms and its clients have included Chevron, Bank of America, The Home Depot, Shell Oil and Halliburton. Managing partner of the Houston office Robert Meadows gained praise for his “top tier” practice which focuses on areas such as energy, environment, product liability and toxic tort litigation. Meadows’s trial experience in the latter area has recently expanded to include defence of corporations in multi- plaintiff environmental claims. Doak Bishop, a member of the firm’s Latin American group, has a “great reputation” for international litigation and is well known for his construction, environment and oil and gas experience. He recently defended a large independent energy company against a $100 million breach of contract claim involving coal-mining concessions in Colombia, obtaining a jury verdict favouring the client on all issues. The “terrific” Reagan Simpson completes the King & Spalding group here. His experience includes tort, personal injury, insurance defence, and media law and defamation. Simpson is president of the Houston chapter of the American Board of Trial Advocates and chair of the American College of Trial Lawyers’ federal legislation committee. Simpson was one of a group of K&S lawyers to help earn a complete defence verdict for a group of welding rod firms including Lincoln Electric, Hobart Brothers and Teledyne McKay. 

Beck Redden & Secrest LLP is one of the younger Houston firms, having been founded in 1992. This “wonderful litigation boutique” comprises over 30 lawyers who “set the bar high” for high-stakes litigation in a wide range of areas including energy, communications, drug and health care, and high technology, as well as defending legal and accounting professionals accused of malpractice. David Beck, who was recently appointed for a three-year term to the Judicial Conference Standing Committee on Rules of Practice and Procedure, is a co-founder of the firm. This “stand-out practitioner”, who is “on everyone’s list”, received vocal support for his “brisk, tenacious and intelligent” approach. Recent addition, the “top drawer” Murray Fogler also comes highly recommended, with an excellent reputation for high-end litigation. 

Dallas firm Carrington Coleman Sloman & Blumenthal LLP’s strong, successful commercial litigation practice, known for the “sheer quality” of its work, prompted glowing reports from competitors, and was especially complemented on its securities litigation work. Founding member James Coleman has practised for over 30 years and is considered to be “one of Dallas’s outstanding lawyers” and a “dean of the Texas bar” by contributors. He has represented firms and individuals in breach of fiduciary duty and malpractice claims brought by federal agencies and private plaintiffs. His colleague Fletcher Yarbrough, managing partner of the firm, is an “outstanding lawyer”, with an emphasis on complex business-related disputes including securities, banking, lender liability and unfair competition matters as well as defence of professional malpractice claims. 

Both of the name partners of Figari & Davenport LLP are mentioned in our rundown of the state’s top litigators. Their firm has existed as one of Dallas’s top litigation boutiques for 30 years, with a record of clients such as General Motors, Boeing, UBS Financial Services and eBay. Ernest Figari, described as a “terrific lawyer” by his competitors, has brought his “tough, uncompromising and creative” attitude to a range of litigation matters, from banking litigation to intellectual property cases. Contributors also felt that Mark Davenport “certainly belongs on the list” for his significant and wide- ranging trial experience, with a “great reputation” for defending insurers such as disability insurance providers. 

Founded in 1970, Haynes & Boone LLP has grown rapidly and now boasts over 45 lawyers in 10 offices, with a national reputation for the use of technology to deliver legal services. Barry Mcneil has over 30 years of experience as a trial lawyer and worked for the antitrust division at the US Department of Justice before private practice. His reputation for antitrust and criminal and civil fraud litigation – and his roster of Fortune 500 clients – mean that he is a “well- respected figure in the Dallas circuit”. George Bramblett’s broad practice includes complex business and securities litigation. He recently represented Exxon in its successful claim for insurance coverage against certain underwriters at Lloyd’s of London growing out of the Valdez oil spill in Alaska. 

Following these group inclusions, a considerable number of individuals have been singled out to represent their firm alone. “Top tier” Rusty Hardin of Rusty Hardin & Associates PC, described as “a trial lawyer, pure and simple”, commands great respect among his peers, who stated he was “just wonderful”. Unusually, his practice is both civil and criminal, a stance which has led to a remarkably broad back catalogue, from the representation of Dow Jones, Exxon Mobil and Samsung in civil cases to his defence of Houston Police Chief CO Bradford against charges of aggravated perjury. The firm also served as co-lead trial counsel in the litigation surrounding the claims of Anna Nicole Smith and J Howard Marshall III against the estate, corporation and trusts of Marshall’s father. Hardin’s practice is diverse. He has been successful in obtaining a new trial for Dow Jones in the face of the largest libel vote in history and he has also represented professional athletes such as NFL footballer Warren Moon and baseball’s Wade Boggs. 

At Jamail & Kolius, the “outstanding” Joseph Jamail has practised for over 50 years as a trial lawyer and in that time has become “one of Texas’s most prominent lawyers”, according to one admiring source, with a vast and highly successful caseload that spans many industries. “Stellar practitioner” William Slusser, founder of litigation boutique Slusser Wilson & Partridge LLP, was recommended for his “outstanding practice”, which has attracted clients such as Shell Oil and BJ Services, which he represented against Halliburton Energy Services. 

Charles Babcock at Jackson Walker LLP also received plaudits for his national litigation practice, representing clients in highprofile cases such as the defence of Oprah Winfrey in a suit brought against her by Texas Cattlemen and the successful defence of the Chicago Tribune in the Circuit Court of Cook County, Illinois. His peers hailed him as a “great presence in the courtroom”. “Fabulous” Mike McKool, described by one contributor as “king of the hill”, is a founder of Dallas-based McKool Smith. He has a “fine reputation” for commercial and IP litigation for a range of companies including major airlines, energy companies, telecommunications firms and investment banking houses over a legal career of more than 30 years. McKool represented EDS in several matters, including a breach of contract matter against Xerox involving a $3billion outsourcing contract. 

Dallas firm Thompson & Knight LLP boasts the nomination of George Chapman, rated by peers as a “seriously good litigator”. He focuses his practice on commercial, complex, probate and eminent domain litigation. He recently represented property owners in the settlement of several suits brought by entities with eminent domain power. Name partner Fred Hagans of Hagans Bobb Burdine was deemed “extremely capable” by peers. The firm recently represented Valores Corporativos against McLane Company and WalMart Stores, gaining a $624 million verdict of actual damages against WalMart. 

Ricardo Cedillo of Davis Cedillo & Mendoza Inc is “as good as it gets”, according to one impressed competitor. His firm possesses a client roster including Blockbuster, Clear Channel Communications, Daimler Chrysler and Viacom. “Rainmaker” Thad Thano Dameris at Hogan & Hartson LLP was praised for his “real ability to attract business”, with over 20 years of experience handling complex commercial cases and multi-party litigation, ranging from aviation and energy services to oil and gas disputes. Dameris tried and obtained a jury verdict in federal court for a domestic oil and gas company in Houston, defending against claims of breach of contract, quantum merit and fraud. 

The “outstanding” Bob Mow at Hughes & Luce LLP was roundly praised as “one of the best” and hails from a firm renowned for its complex high-stakes litigation work. His 35 years of litigation experience have earned him a national reputation and a varied caseload. He defended an international telecoms manufacturer in a complex product warranty case, leading to a successful settlement. 

“Great trial lawyer” Richard Mithoff of Mithoff Law Firm has tried a wide range of cases in his 25-year career. This Houstonbased lawyer has a national reputation for cases, such as his involvement in a complex trade secrets dispute involving major entities, resulting in the plaintiff paying $39 million to settle a counterclaim for antitrust damages. The final addition to our commercial litigation section is David Berg of Berg & Androphy, a founding partner of this big-case commercial litigation boutique. Clients such as Westinghouse, CBS and Samsung have entrusted their cases to the firm’s expertise. Berg was praised as “one of the best in the US” and this “excellent communicator” represents both individuals and companies in high-stakes litigation. He represented Samsung Electronics in a case against Texas Instruments involving a dispute over a hightech royalty agreement.

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