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Bracewell & Giuliani




Richard F. Whiteley

Richard Whiteley

Partner

Houston
T: 713.221.1123
F: 713.222.3234
E: richard.whiteley@bgllp.com
Assistant
Deborah Mailhot
713.223.2300 x2548

Richard F. Whiteley represents and counsels clients in several areas of general litigation, with an emphasis on commercial litigation, real estate litigation and intellectual property litigation. He has participated in cases involving general contractual disputes, real estate matters and disputes, trade secret litigation, patent litigation, products liability, defamation claims, construction litigation, business disputes involving closely held entities, banking, deceptive trade practices, residential construction and premises liability. Mr. Whiteley particularly is knowledgeable regarding extraordinary and injunctive relief for clients, including temporary restraining orders, temporary injunctions and other writs.

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Representative Matters

Hillsman Modular Molding Inc v. Hilltech Custom Injection Molding Inc. and William Hill; in the United States District Court, Middle District of Florida, Orlando Division, CA No. 6:02-cv-1493-Orl-28JGG. Obtained judgement for client in trademark infringement, misappropriation of trade secrets and Lanham Act Case.

Helen Davis v. Adell, Harriman & Carpenter; in the Harris County District Court, No. 2001-49080. Successfully defended investment advisor in trial for breach of investment agreement.

HM Carlton Construction Company, et al. v Southeast Partners 1988, et al; in the Harris County District Court, No. 2005-15593. Successfully obtained dismissal in lawsuit against client for real estate fraud.

Markham West Shopping Center LP v. Walton Enterprises Inc., et al.; in the Harris County District Court, No. 2003-38682. Obtained favorable settlement for commercial landlord.

Weingarten Realty Investors v. Mabeth Realty Company, et al.; in the United States District Court for the Southern District of Texas, Houston Division, CA No. H-03-4345. Obtained favorable settlement for commercial landlord.

Weingarten Realty Investors Inc. v. Henicke & Associates LLC., et al.; in the Harris County District Court, No. 2003-03968. Obtained favorable settlement for commercial landlord.

M/B 1960 Square Ltd. v. Molina's Mexican Restaurant & Cantina Inc. and Molina's Enterprises Inc.; in the Harris County District Court, No. 2004-69233. Obtained favorable settlement for commercial landlord.

Vanessa Dawn Roberts v. Wolfies 249 Inc. d/b/a Wolfies Restaurant & Sports Bar; in the Harris County District Court, No. 2004-38301. Obtained dismissal for client in premises liability case.

Andrew Menter and Highland Campus Health Group LP v. American College Health Association; in the United States District Court for the Northern District of Texas, Abilene Division, CA No. 1-06CV-174-C. Represent plaintiff in defamation case.

Dr. Gregg M. Lucksinger v. Dr. Cynthia Brinson and Thomas Brinson; in the Travis County District Court, No. D-1-GN-06-004550. Represent plaintiff in shareholder oppression and breach of fiduciary duty case.

Procermex Inc. and Extrade S.A. De C.V. v. The Gambrinus Company; in the United States District Court for the Western District of Texas, San Antonio Division, CA No. SA096CA0251RF. Obtained confirmation of international arbitration award.

Jesse L. Brown v. Stewart & Stevenson Services Inc.; in the Harris County District Court, No. 2004-18545. Successfully defended client at trial in deceptive trade practices claim.

Allright Realty Company v. Communique 2000 Inc. and Four Star Financial Services LLC.; in the U.S. District Court for the Southern District of Texas, Houston Division, CA No. H-01-0539. Obtained million dollar judgment for commercial real estate landlord.

Baker Atlas, a division of Baker Oilfield Operations Inc. v. Prince Cheruvathur; in the Harris County District Court, No. 2004-14485. Obtained restraining order and temporary injunction for client in trade secrets case.

Dr. Jeffrey A. Glover, Donna S. Glover and Texas AgFinance, FLCA v. Gary A. Teel, First Financial Resolution Joint Venture and First Financial Resolution Enterprises Inc.; in the Karnes County District Court, No. 06-08-00099-CVK. Obtained restraining order and injunction for client in real estate property dispute.

Felgueres Consultores en Viajes S.A. de C.V.; Viajes Felgueres S.A. de C.V. and Viajes Zafrilla S.A. de C.V. v. the Ticket Company International Inc. and the Ticket Company Inc.; in the Harris County District Court, No. 2006-35919. Obtained temporary injunction for client in case involving 2006 FIFA World Cup Soccer tickets.

Core Funding Group LP v. James Jasper; in the Harris County District Court, No. 2004-59751. Obtained injunction for client in employee harassment and tortious interference case.

The Variable Annuity Life Insurance Company v. Richard Maxey, in the Harris County District Court, No. 2006-03571. Assisted in obtaining temporary injunction and favorable settlement in misappropriation of trade secrets case.

In the Matter of the Marriage of Clarissa Shaw and David Carl Shaw and in the Interest of Teodora Shaw, a child; in the Harris County District Court, No. 2004-34072. Obtained dismissal for client in property dispute.

Michael C. Robertson, Individually, MCR Oil Tools Corp. and Plasma Torch Technology Inc. v. Baker Oil Tools Inc., et al.; in the U.S. District Court for the Northern District of Texas, Dallas Division, CA No. 3-02-CV-0372-L. Obtained favorable settlement for client in trade secrets misappropriation case.

CRC and Associates Inc. v. BNC Environmental Services Inc., Vincent J. Nacewski, Joe L. Cruseturner; Vernon C. Ashworth and Micheal Staffileno; in the District Court of Tulsa County, Oklahoma, No. 2003-04435. Successfully defended injunction claim against client in misappropriation of trade secrets case and obtained dismissal.

Clover Creek Recreational Association Inc. v. Omnibank N.A.; in the Montgomery County District Court, No. 03-05-03944-CV. Obtained dismissal and attorneys fees for client in real estate property dispute.

M/B Savon Square Ltd. v. Ali Mohsen and F.E.A.T. Inc.; in the Harris County Court, No. 825,763. Obtained judgment for commercial landlord.

GE Power Systems v. All-Area Transit Inc., Dual Trucking Inc. and H&S Enterprises Inc.; in the United States District Court for the Southern District of Texas, Houston Division, CA No. H-04-4482. Obtained favorable settlement for client in case involving claims for negligence in shipping.

Parallax Services Inc. v. Sherwood Allen and Alfred W. O'Farrell; in the Galveston County District Court, No. 2000-CV1016. Obtained dismissal of case for client in contractual dispute.

Soto v. Enduro Systems. Successfully negotiated favorable settlement in wrongful death case.

Farouk Systems Inc., One Marengo LP and Marengo General Partner LC v. JoJo Marengo d/b/a Marengo Institute LLC; in the Harris County District Court, No. 2003-41326. Obtained favorable settlement in partnership dispute.

Robert D. Romero and Maria S. Leal-Romero v. First Capital Interest LLC; in the Harris County District Court, No. 2004-08450. Obtained restraining order and temporary injunction for client in real property dispute.

Beacon Printing & Graphics Inc. d/b/a Page/International Communications Inc. v. The Dunham Company LLC and Gary Dunham; in the Harris County Court, No. 819,607. Obtained judgment for client in contractual dispute.

Ashbrook Simon-Hartley Operations LP v. Legacy Environmental Process LLC, Pump and Process Equipment Company Inc., James E. Mulvaney Jr. and Michael Combs; in the United States District Court for the Southern District of Texas, Houston Division, CA No. H-06-1578. Assisted in successfully defending against injunction in trade secrets misappropriation case.

V.S. Composites LLC v. Enduro Systems Inc.; in the Harris County District Court, No. 2004-14621. Obtained favorable settlement for client in contractual dispute.

Tommy Cox v. Nationwide Graphics Inc., et al.; in the Harris County Court, No. 804386. Obtained favorable settlement for client in employment and defamation dispute.

Beacon Printing & Graphics Inc. d/b/a Page/International Communications v. Goswick & Associates Inc. d/b/a Goswick Advertising; in the Harris County District Court, No. 2003-50359. Obtained judgment for client in contractual dispute.

Diné Power Authority, an Instrumentality of the Navajo Nation, and Desert Rock Energy Company LLC v. Diné Care, Dooda Desert Rock Committee, Elouise Brown, Lori Goodman, Sarah White, Alice Gilmore, Lucy A. Willie, Tito Gutierrez and Unnamed parties participating in the acts complained thereof; in the Navajo Nation District Court, Judicial District of Shiprock, New Mexico, No. SR-CV-427-06-CV. Assisted in obtaining temporary restraining order and temporary injunction in case involving Navajo Nation property dispute.

Advanced Production and Loading Inc. v. Single Buoy Moorings Inc., et al.; in the United States District Court for the Southern District of Texas, Houston Division, CA No. H-02-2499. Patent infringement.

TMC Enterprises, a division of Tasco Industries Inc. v. Autozone Inc.; in the United States District Court of Central District of California; C.A. Western Division, No. CV05-7233 PA (JTLx). Patent infringement.

Andrews v. Aldine ISD; in the Harris County Probate Court, July, 2002. Probate case involving tax foreclosure.

Steven Rea, M.D., et al. v. Parex Inc., et al.; in the Galveston County District Court, No. 02CV1036. Defending products liability case.

18.720 Acre LP v. Harris-Varney Interests Ltd. d/b/a Sundance Construction Company; in the Harris County District Court, No. 2005-54706. Construction dispute.

Publications and Speeches

"The Scope of the Residential Construction Liability Act in Texas," 36 Houston Law Review 277, Spring 1999.

Education

J.D., magna cum laude, University of Houston Law Center, 1999
B.S., cum laude, University of Houston, 1993

Bar Admissions

Texas

Court Admissions

U.S. District Court for the Northern, Southern, Eastern and Western Districts of Texas
U.S. Court of Appeals for the 5th and Federal Circuits

Affiliations

Houston Young Lawyers Association
Houston Bar Association
State Bar of Texas, Litigation Section
Afton Oaks Civic Club, Board of Directors
Cystic Fibrosis Foundation of Houston

Noteworthy

Texas Rising Star, General Litigation, 2006



         
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