Trial Attorney, Partner, Litigator | Complex Commercial Litigation
CurrentRepresentative Experience:• Obtained summary judgment on breach of fiduciary duty claim against an investment manager and successfully defended dismissal on appeal. Mary E. Bivins Found. v. Highland Capital Mgmt. L.P., 451 S.W.3d 104 (Tex. App.-Dallas 2014).• Successfully argued and represented bondholders on appeal against secured creditor of a bankrupt oil and gas exploration where the issue was whether the asserted claims were property of the bondholders or the bankruptcy estate. In re Seven Seas Petroleum, Inc., 522 F.3d 575, 578 (5th Cir. 2008).• Obtained dismissal of lenders in a lawsuit brought by 300 German nationals in a case relating to the construction of the Washington Super Mall, which was affirmed on appeal. Asshauer v. Wells Fargo Foothill, 263 S.W.3d 468 (Tex. App.-Dallas 2008).• Successfully defended a financial institution in a mandamus proceeding challenging the trial court's order granting the financial institution's motion for partial-summary judgment. A Texas Court of Appeals denied mandamus and refused to disturb the trial court's ruling. In re FC Stone, LLC, 348 S.W.3d 548, 551 (Tex. App.-Dallas 2011).• Argued and obtained summary judgment in a lawsuit against a start-up company based on an alleged oral contract to employ and to pay plaintiff certain commissions. The summary judgment was affirmed on appeal. Johnston v. Kruse, 261 S.W.3d 895, 897 (Tex. App.-Dallas 2008).• Counsel for the officers, directors and largest shareholders of Avatex Corporation (f/k/a FoxMeyer Health Corporation) and the directors and officers of its debtor subsidiaries, FoxMeyer Drug Company and FoxMeyer Corporation, including defending the debtors' directors and officers in breach-of-fiduciary duties claims brought by the bankruptcy trustee and represented Avatex in actions in Delaware and Texas involving the Trustee, McKesson, and 12 of the largest drug manufacturers in the world in fraud claims relating to the sale of the debtors' assets to McKesson.
