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Bracewell & Giuliani




J. Clifford

Cliff Gunter III

Partner

Houston
T: 713.221.1213
F: 713.221.2164
E: clifford.gunter@bgllp.com
Assistant
Eva Shiman
713.223.2300 x2632

J. Clifford Gunter III is a senior partner in the firm's trial section. He has devoted nearly 40 years of practice to providing strategic, effective trial representation to energy and a diverse array of other, major industrial and financial clients in complex, high stakes, multiple-party litigation, both internationally and domestically.

Mr. Gunter has compiled a long list of significant cases tried to conclusion, cases settled during trial and before trial, appellate arguments, federal grand jury investigations and arbitrations. Mr. Gunter is a fellow, American College of Trial Lawyers and an advocate, American Board of Trial Lawyers.

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Representative cases over the last several years include jury trials involving issues of fraud, racketeering (RICO), theft of trade secrets, accounting malpractice, product liability, take-or-pay and pricing disputes relating to the energy industry, breach of contract in commercial litigation, construction litigation, energy and power issues relating to natural gas trading and electricity trading, antitrust and class actions involving shareholder securities fraud claims and derivative suits.  His work also encompasses toxic tort and environmental litigation, representation of officers and directors in litigation brought by the FDIC, RTC and FSLIC in connection with the failure of financial institutions, arbitration of several transnational gas sales contracts, and representation of multinational corporations on matters involving international projects finance issues.  

Representative Matters

Significant Cases Tried to Conclusion
Aluminum Chemicals Bolivia Inc. v. Bechtel and XBI; Cause No. 97-51222; In the District Court of Harris County, Texas; Pat Mizell Judge; conversion, theft and piercing corporate veil; tried June 1999; Bill Jones, plaintiff's counsel.

Accountech Inc. et al. v HPSC Inc., Outsource Financial Inc. and Larry A. Rice Jr.; No. 110,998; In the 268th Judicial District Court of Fort Bend County, Texas before Judge Brady G. Elliott; breach of contract; fraud, misrepresentation and Deceptive Trade Act. Jeff Dykes and others counsel for 17 plaintiffs; tried in November and December 2000.

Apex Drilling v. Warren Haught, et al; 1986 jury trial In the United States District Court in Clarksburg, West Virginia; violations of Securities Act of 1933 and Securities Exchange Act of 1934.

Bay Pipeline Inc. v. Valero Transmission Co. and Reata Industrial Gas; No. 85-CI-12256; Breach of Contract, Fraud and Antitrust claims; In the 37th Judicial District Court of Bexar County, Texas; D. Hull Youngblood, Small, Craig & Werkenthin, San Antonio, attorneys for plaintiff.

Bridges, John L. and Bridges & Company v. Carlisle Corporation d/b/a Carlisle Tire and Rubber Company; C.A. No. H-80-2500; United States District Court for the Southern District of Texas, Houston Division; Antitrust case; Oscar Nipper, Houston, attorneys for plaintiff.

Close, G.M. v. Florian; 1980 jury trial before Judge Robert O'Conor in the U.S. District Court for the Southern District of Texas, Houston Division; breach of contract and fraud.

Commonwealth of the Bahama Islands; No. 285; 1971; In the Supreme Court; Equity Side in the Matter of International Real Estate Investment Fund; Peter B. Evans and Richard H. Hunt Jr., joint liquidators and co-trustees.

Crouse, Robert A. v. Head & Guild Equipment Co. Inc.; No. 829,823; In 127th Judicial District Court of Harris County, Texas, jury trial in 1973 before W. Ervin James; wrongful death.

DuPont, Eugene III v. Southern National Bank, et al.; 771 F.2d874 (5th Cir. 1985); breach of family trust.

Joseph Durst et al v. Greenfield Realty Investment Trust, tried in Harris County in 1973.

Echols, John C. and Robert K. Carter v. E. E. Brewer, et al.; No. 1,005,993; In the P-190th Judicial District Court of Harris County, Texas; Wiley Thomas, attorney for defendant; jury trial in Brazoria County, Texas.

English, William v. George Aubin; trial before Judge W. Ervin James, early 1970.

Exxon Mobil Corporation v. Enron Gas Processing Co., et al.; In the 189th Judicial District Court, Harris County, Texas, Cause No. 2000-45242, attorneys for defendant Kinder Morgan Inc.; breach of contract and fraud regarding operation of Bushton gas processing plant; jury trial, June 2004.

Fife Corporation v. Clausing Corporation, et al.; C.A. No. 80-512 T; In the United States District Court for the Western District of Oklahoma; Robert F. Wall, Winston & Strawn, Chicago, Illinois, attorneys for defendant, Clausing Corporation. Violations of Williams Act and Securities Exchange Act of 1934.

Flo-Trol Inc. vs. Grove Valve & Regulator Company and Modern Supply Company; C.A. No. H-81-1741; In the United States District Court for the Southern District of Texas, Houston Division; John L. Jeffers, Baker & Botts, Houston, attorneys for Grove Valve and Regulator Co.; D. Kent Meyers, Crowe & Dunlevy, Oklahoma City, attorneys for Modern Supply Company; antitrust.

Globemaster v. Bates Truckline; Cause No. 191,118 in the County Court at Law No. 2; (1970); personal injury.

Gray Tool Company v. Petrolane Incorporated, et al.; C.A. No. 76-H-1633; In the United States District Court for the Southern District of Texas; Houston Division; Michael R. Waller, Childs, Fortenbach, Beck & Guyton, Houston, attorneys for plaintiff; J. Eugene Clements, Sewell, Junell & Riggs, Houston, attorneys for Dean Witter; Williams Act and Securities Exchange Act of 1934.

Groves The Inc. v. Caudill Rowlett & Scott, 1973 before Judge Snell, Harris County District Court; breach of contract.

Jones & Laughlin Steel Corporation v. Fluor, et al.; (Shackelford); trial in Dallas County in 1979; covenant not to compete.

KN Energy Inc. v. Dorfman et. al.; in the United States District for Eastern District of Texas; Judge William Steger; Doug Cawley counsel for plaintiffs; theft and fraud action, including RICO claims in connection with operation and sale of natural gas producing properties. Tried in May and June 1991.

KPMG Peat Marwick v. Houlihan et. al.; In the District Court of Fort Bend County Texas; Judge Charles Dickerson; Dana Kirk and Pat Zummo, attorneys for plaintiffs; accounting malpractice in connection with real estate limited partnership; tried March & April 1990.

KPMG Peat Marwick v. Snydergeneral, In the District Court of Dallas County Texas; Judge Merrill Hartman; Ron Reneker and Luke Madole counsel for Plaintiff; accounting malpractice action in connection with Section 351 transfer under IRC; tried March and April 1992.

Franklin C. Fisher vs. KPMG Peat Marwick and James L. Franklin; No. 89-035307; In the 11th Judicial District Court of Harris County, Texas; Judge Mark Davidson; Randy McClanahan, Bob Vanderlin attorneys for Plaintiff; tax malpractice action in connection with representation of client before Internal Revenue Service; sale of tax shelters; breach of fiduciary duty; DPTA and fraud; tried March 1995.

Liberty Glass Company, et al. v. Allstate Insurance Company, et al.; C.A. No. 74-H-681; In the United States District Court for the Southern District of Texas; Houston Division; George Pain, Farris, Pain and Horne, Houston, attorneys for the plaintiffs; antitrust.

Lively Exploration Company, et al. v. Valero Transmission Company; No. 2930; In the 112th Judicial District Court of Sutton County, Texas; Louis B. Paine and Everard B. Marseglia, Jr., Butler & Binion, attorneys for the plaintiffs; take or pay claims pursuant to gas purchase contract: defense verdict affirmed on appeal.

Lone Star Beer Company of Austin Inc., d/b/a Canada Dry of Austin v. Royal Crown Bottling Company of Dallas Inc., et al.; C.A. No. SA-77-CA-19; In the United States District Court for the Western District of Texas; San Antonio Division; Judge Jon Wood, San Antonio; Theo F. Weiss, San Antonio, attorneys for plaintiff; Charles R. Shaddox, Groce, Locke & Hebdon, attorney for defendant, Canada Dry Corporation; antitrust.

Marshall Contractors Inc. v. Integrated Gas Systems Inc.; No. 94CA-553-JN; In the United States District Court for the Western District of Texas; Austin Division; Breach of construction contract; conversion and counterclaim for breach of construction contract; lost profits and contractual damages; Bill Andrews and Henry Kollenberg, attorneys for Plaintiff; Trial Judge, Lucius Bunton; tried to conclusion in October 1995.

Meineke Discount Muffler Shops Inc. v. Herbert Blier; C.A. No. H-80-2495; In the United States District Court for the Southern District of Texas; Houston Division; Mike Walter, Houston, attorney for plaintiff; antitrust.

Melton Steel Corporation v. Siderius Inc. and Wallace Co. Inc. v. Texas Commerce Bank National Association; No. 994,361; In the 164th Judicial District Court of Harris County, Texas; Charles R. Vickery, Jr., Vickery & Brown, attorneys for Melton Steel Corporation; Grant Cook, Reynolds, Allen & Cook, attorneys for Wallace Co., Inc.; Alvin M. Owsley, Jr., Baker & Botts, attorneys for Texas National Bank of Commerce National Association; breach of contract.

Metal Enterprises Inc. v. Don Love Inc.; State District Court 1974-1975; breach of contract.

Morello, Sam v. George J. Aubin, et al.; No. W-73-CA 58; In the United States District Court for the Western District of Texas, Waco Division; Phillip B. Goode, College Station, Texas; plaintiff's attorney; trespass.

Parker Bros. v. Alamo Steel Builders Inc.; No. 817146; 127th District Court, early 1970; suit on note.

Petrolite v. Micro-Bac & Fred Brown; In the United States District Court for the Western District of Texas; Judge Lucious Bunton; Jim Boldrick and Meadows & Welch counsel for the plaintiffs; defamation and theft of trade secrets litigation; tried April 1990 and argued to 5th Circuit Court of Appeals in January 1992.

Plaza DeVille Associates, et al. v. Allied Bank of Texas, et al.; tried in 1985 before District Judge Carol Haberman in San Antonio; 733 S.W.2d, 566, Fourth Court of Civ. Appls., San Antonio, cert. denied 1988; lender liability claims.

Radcliffe Materials Inc. v. Frank Young; Houston 1973; breach of contract.

State of Kansas, ex rel., Robert T. Stephan, Attorney General v. Peter Kiewit Sons' Co., Peter Kiewit Sons' Inc. and Prairie States Construction Company; Nos. 82-CV-524, 828 and 829; In the District Court of Shawnee County, Kansas; Charles A. Briscoe, Jr., Scott, Quinlan & Hecht, Topeka, Kansas, co-counsel; Wayne F. Hundley, Deputy Attorney General, counsel for plaintiff; antitrust.

Steve's Auto Glass Company v. Allstate Insurance Company, et al.; C. A. No. 75-H-986; In the United States District Court for the Southern District of Texas, Houston Division; George Pain, Farris, Pain and Horne, Houston, attorneys for plaintiffs; antitrust.

Goodrich Petroleum Corporation, et al v. Stone Energy Corporation; Cause No. 2000-06437; in the 125th Judicial District Court of Harris County, Texas, attorneys for defendant; gas purchase contract and fraud.

Tennessee Gas Pipeline Company v. Shell Oil Company, et al.; No. 83-11342; In the 333rd Judicial District Court of Harris County, Texas; Charles R. Gregg, Hutcheson & Grundy, Houston, and Murphy Moss, Lemle, Kelleher, Kohlmeyer & Matthews, New Orleans, Louisiana, attorneys for defendants; breach of contract regarding operation of Ycloskey gas processing plant.

The Offshore Group v. Leslie M. Bitner, et al.; Scott Brister, Judge; In the 234th Judicial District Court of Harris County, Texas; Bifurcated trial, both trials to jury verdict; breach of fiduciary duty claims arising out of partnership for exploration of properties in Mobile Bay; area of mutual interest and breach of contract; Patty Haire, attorneys for plaintiffs; tried to conclusion in April 1995.

United States of America v. Peter Kiewit Sons' Co., et al.; C.A. No. 78-332; In the United States District Court for the Eastern District of Louisiana, New Orleans Division; Mary Coleen T. Sewell and Alan A. Pason, Attorneys Department of Justice, attorneys for United States of America; antitrust.

Valero and Val-Gas v. Sante Fe Minerals; in the District Court of Harris County Texas; Judge Ken Harrison; David Hedges and David Burgert counsel for Plaintiff; breach of contract, take or pay and price redetermination issues in connection with natural gas purchase contract; tried in April 1991.

Windsor Gas Corp. v. Lo-Vaca Gathering Company; No. 2302; In the 112th Judicial District Court of Sutton County, Texas; Ivan D. Hafley, Austin, attorney for plaintiff; gas purchase contract.

Wood, Jarvis A., et al. v. Lo-Vaca Gathering Company, et al.; C.A. No. 5696; In the Court of Chancery of the State of Delaware; In and for New Castle County; J. A. Rosenthal, plaintiff's attorney; shareholder derivative claim.

Significant Temporary Injunctions Tried to Conclusion
In Re: Kinder Morgan Buyout Litigation; Tried December 2006 before Special Master.

Carriger v. American Kennel Club; Judge Davie Wilson, 1986.

Exxon Corporation v. Olin Corporation; C.A. No. H-83-7368; In the United States District Court for the Southern District of Texas; Houston Division; temporary injunction hearing; Norman Black, Judge; Michael Connelly, Mayor, Day & Caldwell, Houston, attorneys for defendant.

Farrell Construction Co. litigation arising with respect to construction of Amstead Damn, United States Army Corp of Engineers v. Farrell Construction Co. Temp Injunction case tried in 1982 before Lucious D. Bunton in El Paso.

First Urantia Society v. Urantia Foundation. Injunction proceeding tried to conclusion before Judge Gabrielle McDonald in the United States District Court in Houston in late 1970.

Forest Oil Corporation v. Valero Transmission Company and Valero Industrial Gas Company; No. MO-87-CA-051, Consolidated with MO-87-CA-052 and MO-87-CA-053; In the United States District Court for the Western District of Texas; Midland-Odessa Division; temporary injunction tried to Conclusion, Judge Bunton; James V. Hammett, Butler & Binion, Houston, attorneys for the plaintiff; gas purchase contract.

Goodhope v. Lo-Vaca; 1976 11th Judicial District Court of Harris County, Texas; William Blanton, Judge; gas processing claims.

Johnson, Ernest v. American Capital Corp.; temporary injunction; Laredo 1973.

Mathis, Lera Greer v. Texas International Petroleum Company (TIPCO), Centerville 1983.

Medtronic, Inc. v. Intermedics, Inc.; David F. Blake and Sheldon H. Davis; No. 63,902A; In the 149th Judicial District Court of Brazoria County, Texas; Judge Paul Ferguson; John Lynch, Arnold, White & Durkee, Houston, attorneys for plaintiff; theft of trade secrets.

Mitchell Energy Corporation v. Valero Transmission Company; No. 85-05219; In the 295th Judicial District Court of Harris County, Texas; temporary injunction tried to conclusion; Jack O'Neill, Porter & Clements, Houston, attorneys for plaintiff; gas purchase contract.

Sardi's of Texas v. Yorktown Associates Ltd.; 1976; Judge Wyatt Heardl; development of raw land.

Single Buoy Moorings Inc. v. von Heijst; Temporary and permanent injunction case tried in 1980 before Judge Reagan Cartwright in Houston, Texas; theft of trade secrets.

Southdown Inc. v. Moore McCormack Resources Inc. and Paul R. Tregurtha; No. 88-557; In the United States District Court for the Southern District of Texas, Houston Division; Judge Lynn N. Hughes; Richard N. Caldwell, Mayor, Day & Caldwell, Houston, attorneys for the defendants. 686 F.Supp595 U.S.D.C. SD TX 1988; Williams Act and Securities Exchange Act of 1934.

Tech-Sym v. Bastian Management Ltd. et al.; (Woodrow Seals 1978); contested takeover case; Williams Act.

Thermotics Inc. and Well Control Inc. v. Bat-Jac Tool Company; tried to conclusion before Judge John Snell in Harris County in 1976; Theft of Trade Secrets.

Western National Bank; July 4, 1974; injunction.

William H. Haley Jr., Julio S. Laguarta, Carter B. Christie and George J. Aubin v. Peter G. Brooks and John W. Jennings; Harris County, Texas; shareholder litigation.

Cases Settled During Trial
Bowen Tools Inc. v. Oil Tools Inc., et. al., defense of trademark infringement settled during trial in Harris County, Texas in 1977.

Carter, Charles C., et al v. Esso Chemical Supply Company, et al.; settled during trial in Harris County, Texas in 1975; personal injury.

Farrell Construction Co. Inc. v. Mississippi Valley Equipment Co.; C.A. No. H-79-1103; In the United States District Court for the Southern District of Texas; Houston Division; William R. Eckhardt, Vinson & Elkins, Houston, attorneys for defendant; breach of contract.

Fleming, et al v. McRae Oil & Gas, et al; Civil Action 85-2726; settled during trial before Ross Sterling in 1986 shareholder litigation.

Griffolyn Company Inc. v. Eagle-Picher Industries; C.A. No. 71-H-1172; In the United States District Court for the Southern District of Texas, Houston Division; Judge Singleton; Ben L. Reynolds, Royston, Rayzor, Cook & Vickery, attorney for defendant; breach of contract.

Hamilton Brothers Oil Co. v. Valero Interstate Transmission Company; No. 86-36671; In the 280th Judicial District Court of Harris County, Texas; Everard A. Marseglia, Jr., Butler & Binion, Houston, attorneys for plaintiff; gas purchase contract.

Knowlan, Peggy Johnson v. National Convenience Stores, Inc., et al.; No. 34,131; In the 253rd Judicial District Court of Liberty County, Texas; settled during trial in Liberty County in 1987; Neal J. Everson, attorney for plaintiff; personal injury.

The Long Trusts v. Tejas Gas Corp. and Valero Transmission L.P., et al.; Cause No. 1989-A-62; In the 123rd Judicial District Court of Panola County, Texas; breach of contract, fraud and tortuous interference with contractual relations; Lee Godfrey counsel for plaintiff; T. John Wood, counsel for co-defendant.

McComb Contractors v. City of Houston; settled during trial in federal district court before Judge Robert O'Connor in 1976; construction of houston airport.

Sheila Miller, Individually, As Widow of John Wilbert Miller, Deceased, and as Guardian of Jeremy C. Miller and Jeannetyle Miller, Minor Children v. Stop-N-Go Markets of Texas Inc. National Convenience Stores Incorporated, Southland Corp. and 7-11; No. 88-29911; In the 11th Judicial District Court of Harris County, Texas; Bennie D. Rush, Tullis & Jensen, Houston, attorneys for plaintiff; personal injury.

Northern Border Pipeline Company v. Nuova Italsider S.p.A.; In the United States District Court for the Southern District of Texas, Houston Division; C.A. No. H-83-1978; Ross Sterling, Judge; Robert J. Malinak, Baker & Botts, Houston, attorneys for plaintiff; Dana Kirk, Fulbright & Jaworski, attorneys for defendant; James D. Wise, Brown, Sims & Ayre, attorneys for defendant; breach of contract.

Patricia O'Connell v. National Convenience Stores, Inc., et al.; No. 85-47033; In the 280th Judicial District Court of Harris County, Texas; settled during trial in 1988 in Harris County, Texas before Judge Melinda Harmon; Christie Condara, Krist, Kinney, Puckett & Riedmuelle, Houston, attorneys for plaintiff; personal injury.

Samson Resources Company v. InterNorth Inc. and El Paso Natural Gas Company; No. 82-C-1214E; In the United States District Court for the Northern District of Oklahoma; James L. Kincaid, Conner, Winters, Ballaine, Barry & McGowen, Tulsa, OK., attorneys for plaintiff; gas purchase contract.

Surety Savings Assn. v. River Oaks Bank & Trust; 1973 before Judge W. Ervin James; shareholder litigation.

Tomas, Ralph J. v. National Convenience Stores Inc., et al.; No. 82-47911; In the 281st Judicial District Court of Harris County, Texas; settled during trial in Harris County, Texas in 1988 before Judge Louis Moore; Peter R. Bradie, Houston, attorneys for plaintiff; personal injury.

Valero Transmission Company, formerly Lo-Voca Gathering Company v. Ewald J. Fischer, et al.; In the 11th Judicial District Court of Harris County, Texas; Charles R. Dunn, Wycoff, Russell, Dunn & Frazier, Houston, attorneys for Fischer, Frank B. Davis, Andrews, Kurth, Campbell & Jones, attorney for Travis Lynch, Ray Bass, attorney for Floyd Whitley and John T. Ashford; fraud and conversion.

Appellate Arguments
Omegatech vs. Martek; United States Court of Appeals for the Fourth Circuit; May, 2007; breach of earn out agreement as part of merger and acquisition.  Mark Gately opposing counsel. 

Allied Bank of Texas, et al., Appellants, v. Plaza DeVille Associates, et al.; In the Court of Appeals of Texas; Fourth District, San Antonio, 733 S.W.2d 566, May 20, 1987; decided and filed.

Alluminum Chemicals (Bolivia) Inc. v. Bechtel Corporation; No. 06-99-015-CV; In the Sixth Appellate District Court of Appeals, State of Texas; argued July 2000 and decided August 2000.

Arthur, Ross & Peters v. Housing, Inc.; United States Court of Appeals for the Fifth Circuit; No. 74-2049, 1974.

Austin Toyota v. Allstate Ins. Co.; Austin Court of Civil Appeals; 1983.

Public Utility District No.1 of Snohomish County, et al. v. Dynegy Power Marketing, et al.; No. 03-55191; United States Court of Appeals for the Ninth Circuit (2004), attorneys for defendant BC Hydro Corporation.

D.H. Blair Investment Banking Corp., et al. v. Michael J. Reardon, et al.; No. 14-01-01199-CV; Dec. 31, 2002.

Guardian Royal Exchange Assurance Ltd. v. Southern Clay Products Inc., et al.; In the Supreme Court of Texas; argued before the Texas Supreme Court in October 1989.

International Finance Corporation; No. 94-20500; Oliver Resources, plc. and Oliver Resources (Argentina) S.A., v. International Finance Corporation; United States Court of Appeals, 5th Circuit, New Orleans; Attorneys for Plaintiff, Block & Muscat and David Yeargin and Mark Yudol; contractual issues with respect to Joint Operating Agreement for exploration and production of hydrocarbons from the Neuquen Basin in Argentina; argued before the United States Court of Appeals for the 5th Circuit in April 1995.

Jon-T Chemicals v. Beker; United States Court of Appeal for the Fifth Circuit, 1976.

Lively Exploration Company, et al. v. Valero Transmission Company, No. 04-87-00380-CV; In the Court of Appeals for the Fourth Supreme Judicial District of Texas, San Antonio, Texas; 751 S.W.2d 649.

Lo-Vaca Gathering Company v. Edward O. Garner, et al.; 566 S.W.2d366, 4th Cir. San Antonio, 1978.

Charles Robert Leslie vs. Lloyd's of London, et al; In the United States District Court of Appeals for the Fifth Circuit; April 1998.

Petrolite v. Micro-Bac and Brown; argued before United States Court of Appeals for the 5th Circuit in January 1992; decision July 13, 1992; defamation and trade secret litigation.

In Re: Service Corporation International; In the United States Court of Appeals for the 5th Circuit, September 2000; interlocutory appeal of orders relating to class certification and class membership.

Siderius Inc. v. Wallace Company Inc. and Texas Commerce Bank National Association; No. 16,997; In the Court of Civil Appeals for the First Supreme Judicial District of Texas Sitting at Houston, Texas; Grant Cook, Reynolds, Allen & Cook, attorneys for Wallace Co. Inc.; Alvin M. Owsley Jr., Baker & Botts, attorneys for Texas National Bank of Commerce National Association; 583 S.W.2d 852.

Thermotics Inc. and Well Control Inc. v. Bat-Jac Tool Company Inc., et al.; 541 S.W.2d 255, 193 U.S.P.Q. (BNA) 249, September 2, 1976.

Valero Transmission Company v. Mitchell Energy Corporation; No. 01-87-0137-CV; In the Court of Appeals for the First Supreme Judicial District Sitting at Houston, Texas; Jack O'Neill, Porter & Clements, Houston, attorneys for appellee.

1988 Tex. Appls. Lexis 509, January 14, 1988.

Valero Energy Corporation, et al. v. Wagner & Brown II, a Partnership, 777 S.W.2d 564; September 20, 1989.

Valero Energy Corporation, et al. v. Teco Pipeline Company; No. 14-96-1234-CV; In the Court of Appeals for the 14th Judicial District of Texas, Houston, Texas before Chief Justice Paul C. Murphy, Justice John S. Anderson and Justice Harriet S. O'Neill, April 9,1997.

Valero Energy Corporation, et al v. Teco Pipeline Company; 2 S.W. 3d 576; Tex. App. - Houston 14th Dist., 1999.

Significant Matters Settled Before Trial
Plainview, Inc. v. Computer Associates International, Inc., et al; Cause No. D-1-GN-06-001382; In the 345th Judicial District Court of Travis County, Texas.  Defense of misappropriation of trade secrets, tortious interference, unjust enrichment, violations of the Texas Theft Liability Act, unfair competition, and defamation/business disparagement claims. 

Phoenix Agro-Invest, Inc. v. KPMG et al; No. CV 93-25604; in the Superior Court of Arizona, Maricopa County; accounting malpractice claims; claims relating to net operating losses and other tax issues; damages regarding agricultural losses.

Boyle, Elizabeth and Western Oceanic v. Hoesch, Rothe Erde, et al.; combined consolidated litigation involving closure of certain fields in the North Sea; C.A. 77-3786; In the United States District Court for the Eastern District of Pennsylvania.

Carmichael, Keith v. United Technologies, Foreign Sovereign Immunities Act and Act of State Doctrines; 835 F.2d109; U.S. Ct. Appls., 5th Cir. 1988.

Coastal Corporation and Mobile Bay Refining Company v. Petroleosde Venezuela, et al.; C.A. No. B-84-865-CA; In the United States States District Court for the Eastern District of Texas, Beaumont Division; significant litigation involving application of antitrust laws, Act of State, Foreign Sovereign Immunities Act and RICO, multiple mandamus proceedings before United States Court of Appeals for the Fifth Circuit, settled on eve of trial.

Day v. Allstate Insurance Company; 788 F.2d 110, U.S. Ct. of Appls., 5th Cir. 1986.

Fine, et al. v. Houston Oil & Trust; C.A. H-82-551, consolidated class action, litigation involving Section 10 of the Securities Exchange Act of 1934 and breach of fiduciary duty.

Enron Litigation - Mark Newby v. Enron Corporation, et al.; C.A.No.H 01 3624, in the United States District Court for the Southern District of Texas; Houston Division, representation of Enron general counsel.

In Re: San Diego & Electric Company, multiple federal district court and bankruptcy litigation involving crude oil trading and West Virginia coal mining operations; settled in 1987 before Judge Gabrielle McDonald of United States District Court for the Southern District of Texas, Houston Division.

In re: Worlds of Wonder Litigation, pending consolidated class action securities litigation in the United States District Court for the Northern District of California, 694 F. Supp. 1427, 1988.

Reid, William, Individually and on behalf of others, v. H. D. Hughes, et al.; 578 F.2d 634; U.S. Ct. of Appls. 5th Cir. 1978.

Securities and Exchange Commission administrative hearing in 1977 involving International Associates Ltd. and Pryor, Cashman, Sherman & Flynn, 410 Park Avenue; SEC administrative hearing involving sale of limited partnership co-ventures.

State of Texas v. United States Steel Corporation; combined steel antitrust rebar litigation; 546 F.2d 626; U.S. Ct. of Appls. 5th Cir. 1977.

Summit Office Park, Inc. v. United States Steel Corporation, Combined antitrust litigation involving rebars; 639 F.2d 1278, U.S. Ct. of Appls. 5th Cir. 1981.

Union City Barge Line, Inc., et al. v. Union Carbide Corporation, et al.; Antitrust and RICO claims; 823 F.2d 129; U.S. Ct. of Appls., 5th Cir. 1987.

United States of America v. Missouri Valley Construction Co.; 704 F.2d 1026; U.S. Ct. of Appls. 8th Cir. 1983.

Federal Grand Jury Investigations
American Television & Communications Corp.; cable television investigation.

Border Steel Rolling Mills; criminal grand jury price fixing investigation

Civil Investigative Demand No. 1790; pipeline price fixing investigation in 1977.

Civil Investigative Demand; testimony in connection with FCC auction of certain bandwidths, 1998.

Criminal antitrust investigation with respect to river bank stabilization and dredging in New Orleans, Louisiana in 1978.

MCI Grand Jury Investigation, New York City.

United States of America v. Peter Kiewit Sons' Co., et al.; C.A. No. 78-3165; In the United States District Court for the Eastern District of Louisiana, New Orleans Division; Judge Adrian C. DuPlantier; William F. Baxter, Assistant Attorney General, Mary Coleen T. Sewell, Attorney Department of Justice, attorneys for United States of America.

United States of America v.Prairie States Construction Co. and Edward R. Berry; Nos. 81-20048-01 and 81-20048-02; In the United States District Court, District of Kansas; Robert V. Allen and Richard J. Braun, attorneys for Department of Justice.

Significant Matters Arbitrated
TECO vs. Valero LP and Others; arbitrated before Jay Elston, Mark Calhoun and Robert Bussian in 2000 and 2001; claims of breach of fiduciary duty, fraud and accounting for profits of alleged joint venture.  Don McFall and Ben Broocks opposing counsel.

Bechtel Mellon Bank State and Federal Court litigation; arbitrated pursuant to agreement of the parties in October and November 1994; claims for fraud in connection with large project finance development relating to automated cargo handling; opposing counsel Thomas R. McDade.

Claudio Herrera and Fernando Morales-O'Horan v. Service Corporation International, et al.; securities fraud and defamation claims, arbitrated in Houston, Texas in April 2001; Raymond Kerr, James DeAnda and Thomas R. McDade, panel members.

KN Energy Arbitration 84223-E; KN Energy Inc. et al. v. Cabot Corporation et al.; District Court Potter County Texas and Arbitration in Denver, Colorado; Denver, Colorado; June 1-19, 1998. Opposing counsel Morgan, Lewis & Bockius, Philadelphia, Pennsylvania. Environmental indemnity claims relating to PCBs, TRPH and Ground Water Contamination. Also involved issues concerning standards for future remediation; RBCA or Standard 1.

Sexton-Hermann v. KPMG Peat Marwick; 1997 arbitration in Houston before three-member panel headed by retired Judge Wyatt Heard; opposing counsel Don Weitinger, Houston, Texas.

James P. Hunter, III and James P. Hunter, III Family Trust v. Service Corporation International, Robert L. Waltrip, L. William Heiligbrodt, and George R. Champagne; C.A. No. 70 Y 168 00717 02; arbitration before the American Arbitration Association, Houston, Texas, attorneys for defendants.

Texas Eastern Transmission Company v. Pro Gas Limited; 1992 Arbitration in Chicago, Illinois before three-member arbitration panel headed by Philip W. Tone, Jenner & Block, retired Judge, United States Court of Appeals for the Seventh Circuit. Price redetermination provisions of natural gas purchase and sale contract; opposing counsel Evans Attwell, Vinson & Elkins, Houston, Texas.

Wagner & Brown v. Valero Transmission Company; 1989 Arbitration in San Antonio Texas involving terms and conditions of natural gas purchase and sale agreement; arbitrated under auspices and rules of American Arbitration Association; opposing counsel Kleber Miller with Shannon, Gracey, Ratliff & Miller, Fort Worth, Texas.

East Coast Power LLC v. PJM Interconnection LLC; American Arbitration No. 71 1989 00464 99; before Arbitrators Litan, Tucker and Avery in Washington, D.C., March 2000; opposing counsel, Wright & Talisman.

Education

LL.B, The University of Texas School of Law, 1967
B.A., The University of Texas at Austin, 1965

Bar Admissions

Colorado
Texas

Court Admissions

U.S. Supreme Court
Numerous Federal District and Appellate Courts

Affiliations

American College of Trial Lawyers, Fellow
American Board of Trial Advocates, Advocate
American Bar Association, Antitrust, Litigation and Torts and Insurance Practice Sections
Houston Bar Association

Noteworthy

American College of Trial Lawyers, Fellow
American Board of Trial Advocates, Advocate
The Best Lawyers in America, 2008
Texas Super Lawyer, 2007
Recognized as an expert in the 2005 Guide to the Leading U.S. Litigation Lawyers
Ranked as top Texas Go-To Attorney, Energy, Texas Lawyer, 2002

Languages

Conversational Spanish



         
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