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Jeffrey L. Oldham
Jeff Oldham is an experienced appellate attorney who has handled numerous appeals in the U.S. Supreme Court, Texas Supreme Court, and federal and state courts of appeals. He is Board Certified in Civil Appellate Law, and is a frequent speaker and writer about appellate issues. Mr. Oldham also regularly works with trial counsel to formulate pre-trial and trial strategy, write dispositive motions, prepare jury charges, preserve error at trial, and handle post-trial proceedings.
Before entering private practice, Mr. Oldham served as a law clerk to Chief Justice William H. Rehnquist of the United States Supreme Court, and to Judge J. Harvie Wilkinson of the United States Court of Appeals for the Fourth Circuit. He also served as Counsel to the Attorney General in the United States Department of Justice.
Representative Appellate Matters
Montana Sulphur & Chemical Co. v. EPA, No. 11-1403 (U.S. Supreme Court) (pending). Petition for certiorari challenging scope of EPA authority under Clean Air Act.
Allen v. Devon Energy Holdings LLC, 2012 WL 880623 (Tex. App.—Houston [1st Dist.] 2012, pet. filed). Obtained reversal of summary judgment in oil-and-gas contract dispute.
Pressure Systems Int’l Inc. v. Airgo IP, LLC, No. 2011-1544 (Fed. Cir. 2012). Affirmed summary judgment in patent case.
Elizondo v. Krist, 338 S.W.3d 17 (Tex. App.—Houston [14th Dist.] 2011, pet. filed). Affirmed dismissal in legal malpractice case.
In re State of Texas, 355 S.W.3d 611 (Tex. 2011). Amicus brief on behalf of SH 130 Concession Company, LLC in mandamus proceeding filed in condemnation case.
Intercontinental Terminals Co. v. Vopak North America, Inc., 354 S.W.3d 887 (Tex. App.—Houston [1st Dist.] 2011). Affirmed temporary injunction in commercial dispute between transportation companies.
In re Panhandle Eastern Pipeline Co., LP, No. 01-11-00370-CV (Tex. App.—Houston [1st Dist.] 2011). Granting emergency stay of trial proceedings.
Franks Investment Co. LLC v. Union Pacific R.R., 593 F.3d 404 (5th Cir. 2010). En banc reversal on preemption issues.
Baker Hughes v. Nalco Company, No. 2010-1124 (Fed. Cir. 2010). Affirmed preliminary injunction in a patent infringement matter.
Ibarra v. Harris County, 338 Fed. Appx. 457 (5th Cir. 2009). Reversing contempt order and sanctions findings against lawyer.
Cameron Int'l Corp. v. Vetco Gray Inc., 2009 WL 838177 (Tex. App.— Houston [14th Dist.] 2003, pet. denied). Affirming summary judgment in breach of contract of a license agreement involving $14 million in past royalties and $50 million in future royalties.
Key Energy Services, Inc. v. Eustace, 2009 Tex. App. LEXIS 2970 (Tex. App.—Eastland 2009). Reversing damages award in employment and securities dispute.
Lalila v. Parker Drilling Co., 2009 Tex. App. LEXIS 1592 (Tex. App.—Houston [1st Dist.] 2009). Affirming dismissal of mass torts case based on forum non conveniens.
In re Devon Energy Corp., 2009 Tex. App. LEXIS 4196 (Tex. App.—Houston [1st Dist.] 2009). Granting mandamus petition to stay litigation pending outcome of separate arbitration.
HCA Inc. v. Aon Corp., 130 S. Ct. 271 (2009). Petition for certiorari asserting due process challenge to application of Illinois law to nationwide class action.
Aspenwood Apartment Corp v. Link, 129 S. Ct. 997 (2009). Opposition to petition for certiorari involving application of collateral estoppel to suit against city officials.
Koger v. Bryan, 523 F.3d 789 (7th Cir. 2008). Reversal of summary judgment in religious liberties challenge under Religious Freedom Restoration Act.
In re Sterling Chemicals, Inc., 261 S.W.3d 805 (Tex. App.—Houston [14th Dist.] 2008). Affirming denial of motion to dismiss based on forum-selection clause.
Alpert v. Riley, 274 S.W.3d 277 (Tex. App.—Houston [1st Dist.] 2008). Challenging summary judgment on trustee appointment, order disregarding jury finding that trustee breached his fiduciary duty, and order refusing to set supersedes bond for non-monetary part of judgment.
U.S. v. Rapeta-Garcia, 171 Fed. Appx. 562 (9th Cir. 2006). Affirming challenge to criminal conviction (arguing on behalf of U.S. Government).
Singh v. Gonzales, 175 Fed. Appx. 638 (4th Cir. 2006). Affirming decision of Board of Immigration Appeals (arguing on behalf of U.S. Government).
Singh v. Gonzales, 191 Fed. Appx. 437 (7th Cir. 2006). Reversing decision of Board of Immigration Appeals (arguing on behalf of U.S. Government).
Bates v. UPS, 511 F.3d 974 (9th Cir. 2007) (en banc). Amicus brief on behalf of American Trucking Associations, Inc., in favor of UPS, in Americans with Disabilities Act case.
Publications and Speeches
"Deciding Where Patent Malpractice Actions Belong," Law360, October 2012.
"State v. Federal Jury Charges," 26th Annual Advanced Civil Appellate Section Course, September 2012.
"Mandamus Trends," 35th Annual Advanced Civil Trial Course, July and August 2012.
“Texas Supreme Court Trends,” Houston Bar Association Litigation Section, 2012; State Bar of Texas Advanced Civil Trial, 2011.
“Cutting Edge Appellate Issues,” State Bar of Texas Advanced Civil Trial, 2011.
“How to Prepare Your Company for the Bad News of High-Profile Litigation,” State Bar of Texas Advanced In-House Counsel Course, 2011.
"The Educated Observer's Guide to the Sotomayor Confirmation Hearings," University of Houston Federalist Society, 2009; Houston Bar Association Appellate Section, 2009.
"Preservation of Error Post-Trial," State Bar of Texas Appellate Boot Camp, 2009.
"Comparison of State and Federal Appeals," Texas Association of Defense Counsel's Commercial Litigation Seminar, 2009.
"Difference Between Federal and State Appeals," State Bar of Texas Appellate Boot Camp, 2008.
"U.S. Supreme Court: October Term 2007," Austin Bar Association Civil Appellate Section, 2008.
"U.S. Supreme Court Update," Appellate Advocate, State Bar of Texas Appellate Section (Winter, Spring, and Summer 2007 issues).
Distinguished Alumni Lecturer in Law and Politics, University of Tulsa, 2006.
"Taking 'Efficient Markets' Out of the Fraud-on-the-Market Doctrine after the Private Securities Litigation Reform Act," 97 Nw. U. L. Rev. 995, 2003.
"Constitutional 'Religion': A Survey of First Amendment Definitions of Religion," 6 Tex. F. on C.L., 2001.
J.D., magna cum laude, Order of the Coif, Northwestern University School of Law, 2003
B.S.B.A., summa cum laude, with honors, University of Tulsa, 2000
U.S. Supreme Court
U.S. Courts of Appeals for the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, District of Columbia, and Federal Circuits
U.S. District Court for the Southern and Eastern Districts of Texas
Board Certified, Civil Appellate Law - Texas Board of Legal Specialization
Houston Bar Association, Appellate Section member (2006-present); The Houston Lawyer Editorial Board member (2012-present); CLE Committee member (2011-present); Law Week Committee member (2010-11)
State Bar of Texas, Appellate Section member (2006-present)
Texas Bar Foundation, Life Fellow; Nominating Committee (2011-12)
Houston Bar Foundation, Fellow
Houston Lawyer Referral Service, Board Member (2012)
U.S. Supreme Court Historical Society, Member; Membership drive (2012)
Texas Supreme Court Historical Society, Member
Texas Super Lawyers, Rising Star, 2010-2013
John Paul Stevens Award, first in class, Northwestern University School of Law
Coordinating Articles Editor, Northwestern University Law Review
Faculty Honor Medal, first in class, University of Tulsa