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Richard F. Whiteley

Partner
Assistant
Christine Richards713.223.2300 x2548
Richard Whiteley represents and counsels clients in litigation, trial work and arbitration, with an emphasis on construction litigation, products liability, commercial litigation, real estate litigation, intellectual property litigation, and bankruptcy adversary proceedings. Mr. Whiteley has participated in cases involving general contractual disputes, construction litigation, real estate matters and disputes, trade secret litigation, patent litigation, products liability, defamation claims, fraudulent transfer actions, copyright and trademark matters, business disputes involving closely-held entities, deceptive trade practices, and premises liability. Mr. Whiteley is also knowledgeable regarding extraordinary and injunctive relief for clients, including temporary restraining orders, temporary injunctions and other writs.
Representative Matters
MBCI, a division of NCI Group Inc. v. Cannon Storage Systems d/b/a Vern Cannon Company, in the Harris County District Court, No. 2008-47714. Obtained favorable verdict for client in case regarding claims of construction defects, products liability, deceptive trade practices, tortious interference and defamation claims related to sixteen metal building construction properties in Texas, Oklahoma and Florida.
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.
Steven Rea, M.D., et al. v. Parex Inc., et al., in the Galveston County District Court, No. 02CV1036. Assisted in trial of products liability and construction case and obtained favorable outcome for client.
18.720 Acre LP v. Harris-Varney Interests Ltd. d/b/a Sundance Construction Company, in the Harris County District Court, No. 2005-54706. Assisted in obtaining favorable settlement for client in construction dispute.
Schlumberger Technology Corporation v. Weatherford International, Inc. and Weatherford U.S. L.P., in the Harris County District Court, No. 2008-20261. Obtained injunction and favorable settlement for client in misappropriation of trade secrets case.
In Re: Tousa, Inc. et al., in the United States Bankruptcy Court for the Southern District of Florida, Adversary Proceeding No. 08-1435. Participated in trial and defending clients against claims of fraudulent transfer. Currently on appeal.
Northeastern Plastics, Inc. v. KAB Enterprise Co., Ltd., in Harris County Civil Courts at Law, No. 882518. Obtained favorable judgment and settlement for client in warranty against patent infringement claim.
Christopher Cartwright and Paul Wilkinson v.Universal Weather and Aviation, in the American Arbitration Association. Obtained favorable settlement for client in business dispute involving claims of fraud, breach of contract and defamation.
Weingarten Realty Investors v. Mabeth Realty Company, et al., in the U.S. 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.
Orion Construction, L.P. v. Cedar Marine Terminals, L.P., in Harris County District Court, No. 2008-42086. Obtained favorable settlement for client in breach of contract case involving a construction dispute relating to dredging services.
Schlumberger Technology Corporation v. Adam Kuzinski, in Harris County District Court, No. 2010-50613. Obtained favorable settlement for client in misappropriation of trade secrets case.
Andrew Menter and Highland Campus Health Group LP v. American College Health Association, in the U.S. District Court for the Northern District of Texas, Abilene Division, CA No. 1-06CV-174-C. Representation of client in defamation case.
Soto v. Enduro Systems. Successfully negotiated favorable settlement in wrongful death case.
Hillsman Modular Molding Inc v. Hilltech Custom Injection Molding Inc. and William Hill, in the U.S. 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.
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, injunction and favorable settlement for client in real estate property dispute.
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.
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.
Procermex Inc. and Extrade S.A. De C.V. v. The Gambrinus Company, in the U.S. District Court for the Western District of Texas, San Antonio Division, CA No. SA096CA0251RF. Obtained confirmation of international arbitration award.
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.
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 for client in misappropriation of trade secrets case.
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.
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.
Clover Creek Recreational Association Inc. v. Omnibank N.A., in the Montgomery County District Court, No. 03-05-03944-CV. Obtained dismissal and attorney fees for client in real estate property dispute.
GE Power Systems v. All-Area Transit Inc., Dual Trucking Inc. and H&S Enterprises Inc., in the U.S. 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.
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.
Advanced Production and Loading Inc. v. Single Buoy Moorings Inc., et al., in the U.S. District Court for the Southern District of Texas, Houston Division, CA No. H-02-2499. Assisted in obtaining favorable settlement for client in patent infringement case.
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.
Andrews v. Aldine ISD, in the Harris County Probate Court, July, 2002. Probate case involving tax foreclosure.
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.
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.
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.
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.
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.
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.
TMC Enterprises, a division of Tasco Industries Inc. v. Autozone Inc., in the U.S. District Court of Central District of California; C.A. Western Division, No. CV05-7233 PA (JTLx). Assisted in obtaining favorable settlement for client in patent infringement case.
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.
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.
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.
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. Courts of Appeals for the 5th and Federal Circuits
U.S. District Court for the Northern, Southern, Eastern, and Western Districts of Texas
Affiliations
Houston Bar Association
State Bar of Texas, Litigation Section
The University of Houston Law Alumni Association, Board of Directors
National Football League Players Association, Registered Contract Advisor
Noteworthy
Texas Rising Stars, 2006, 2009-2010
Publications and Marketing Editor, Houston Law Review, 1998-1999