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Petrobras Am., Inc. v. Astra Oil Trading NV, 2020 WL 4873226 (Tex. App. – Hous. (14th Dist.)) (Aug. 20, 2020) (rejecting challenge to US$820.5 million settlement agreement).

Represented an international engineering and design company in all litigation (AUD40 million plus) arising from a collapse during the construction of the Lane Cove Tunnel in Sydney, Australia.

Represented integrated media and entertainment company in six lawsuits originally filed in jurisdictions across the United States—two putative class actions, a putative mass action brought by 60 plaintiffs, two wrongful death actions, and a lawsuit brought by two former employees—concerning alleged traumatic brain injuries suffered by employees. The lawsuits were transferred to the U.S. District Court for the District of Connecticut and consolidated, and our client was successful in dismissing all of the lawsuits on motions to dismiss and, in one case, a motion for summary judgment.

Represented a major aluminum company in the defense of claims in federal court by 27 landowners in Louisiana alleging injuries and damages suffered from purported contamination from an industrial plant.

Represented an international rail and transportation services company in the defense of a federal court multidistrict litigation putative antitrust class action involving the consolidation of 24 class actions alleging unlawful restraint of competition in the railroad services labor market.

Represented a major chemical company in connection with the defense of civil liability and damage claims arising from a series of well-publicized chemical fires at a Texas facility in the wake of Hurricane Harvey in September 2017, including the defense in federal court of a class action involving upwards of 30,000 individuals who alleged a variety of personal and property injuries and a Texas state-court multidistrict litigation proceeding involving more than 750 plaintiffs who were allegedly injured or suffered property damage during the fires.

Represented a large international client in a nationwide litigation rights enforcement campaign involving multiple state and federal lawsuits across the United States.

Represented a software developer who was developing software for the plaintiff in the student higher education loan-servicing space. The case involved claims of breach of contract, misappropriation of trade secrets, intentional interference with business relations, and punitive damages. After a nine-day trial, the jury returned a unanimous defense verdict on the allegations that our client had misappropriated the plaintiff’s trade secrets or interfered with the plaintiff’s business opportunities as a student loan-servicing company.

Represented a major electrical equipment supplier in a jury trial in Fulton County (Atlanta), Georgia state court involving claims of breach of contract and fraud brought by a former CEO of a joint-venture company under a multiyear earn-out contract.

Advised an operator of British racecourses in multiparty litigation regarding horseracing data and media rights protection and in relation to regulatory, race fixture, and sponsorship issues.

Advised a global sportswear brand on various sponsorship, licensing, and distribution disputes and litigation relating to: Formula One racewear, Premier League football clubs, kit deals and players, a TV documentary, and sports merchandise and endorsements.

Represented Netfortune Engineering (an affiliate of Far East Aluminum), as defendant, in litigation proceedings in Hong Kong. The plaintiff was Starworld Hotel. The dispute concerned the alleged defective supply and installation of the glass window panel system. The issues were complicated by an unexecuted subcontract that was subject to Macau law.

Advised a global biotechnology company in connection with international litigation regarding manufacturing, distribution, and use of bio-pesticide.

Lead trial counsel for natural gas and natural gas liquid producer, Range Resources, in a lawsuit involving the marketable condition rule in connection with the payment of production royalties. Plaintiffs were several royalty owners who opted out of an earlier settlement in a class action lawsuit. Plaintiffs alleged that the company violated the marketable condition rule when it paid royalties to them on gas produced from Oklahoma wells. The plaintiffs claimed that the company’s failure to place the gas in a marketable condition breached the oil and gas leases and that Range Resources committed fraud and other torts in allegedly underpaying royalties. The plaintiffs sought to recover several million dollars in damages. After a 2019 trial that lasted more than two weeks, the jury returned a verdict for Range Resources on all counts.

Defended major beverage and food manufacturers in false advertising and unfair business practices class actions.

Represented the owner/operator of the SS El Faro, a U.S.-flag Ro-Ro/container vessel that sank in 2015 in Hurricane Joaquin in the Caribbean, resulting in a complete loss of the vessel, all cargo, and all 33 persons on board. Provided counsel in the U.S. Coast Guard’s Marine Board of Investigation, the parallel National Transportation Safety Board investigation, and the civil limitation of liability proceeding in federal court.

Acted for an international building products company in its defense of a substantial (NZD1.5 billion) claim brought by the New Zealand Ministry of Education in the High Court of New Zealand.

Represented a joint venture as plaintiff in a contract dispute with defendant, a water authority, over construction of a US$140 million dam project. The case concerned which party was responsible for extra costs, delay, and impact costs necessary to complete the project. The defendant also filed a counterclaim against the plaintiff alleging breach of contract and violation of the California False Claims Act. In January 2018, the jury returned a verdict in excess of US$30 million for plaintiff, excluding interest. The jury found in favor of plaintiff with respect to the defendant’s counterclaim for breach of contract, and the owner failed to prove its false claims cross-complaint. The parties reached an agreement to settle all claims in August 2018, paying plaintiff US$36.5 million, and the defendant agreed to dismiss its cross-complaint for alleged violations of the False Claims Act with prejudice.

Lead counsel in a defamation jury trial in which we represented the plaintiff, a hedge fund manager, and its individual principals. In a prior jury trial for which we were also lead counsel, the jury found that the statements at issue were false and defamatory against the plaintiffs. In September 2016, a trial was held to determine damages resulting from the defamatory statements. The jury awarded a verdict to the plaintiffs that was the 45th-highest jury verdict in the United States in 2016. After the 2016 trial, in 2017, we were successful in opposing the defendant’s post-trial motions for judgment notwithstanding the verdict and remittitur. The verdict was affirmed by the appeals court in August 2019 and affirmed by the state’s Supreme Court in November 2019.

Represented Andrew Tinkler in his boardroom disputes with Stobart Capital Limited, including a breach of fiduciary duty claim where the directors were found to act with improper purposes by trying to manipulate the voting at the annual general meeting (Stobart Grp. Ltd. v Tinkler [2019] EWHC 258 (Comm)) and a defamation claim against the directors in relation to a regulatory news service (Tinkler v Ferguson and Ors [2018] EWHC 3563 (QB)).

Advised and successfully defended Qantas Airways Limited in the federal court proceedings commenced by Aussie Airlines Pty Ltd to obtain access to the gates operated by Qantas at its Australian domestic terminals. 

Served as a member of the national asbestos trial team for a global manufacturer of commercial and consumer products.

Assisted a primary client specializing in the design, construction, and maintenance of large telecommunication networks in the updating of the organization, management and control model, pursuant to Legislative Decree 231/2001.

Acted for Apache in proceedings in the Supreme Court of Western Australia by a customer in respect to a claim arising from an explosion and fire at Varanus Island in 2008.

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