Trial Attorney, Partner | Complex Commercial Litigation
CurrentRepresentative Experience:• Successfully argued before the Delaware Supreme Court, achieving reversal and remand of Superior Court's adverse ruling in the area of contract interpretation, related to an oil transportation services contract• In the Southern District of New York, defended against and obtained dismissal with prejudice of claims against an SEC-registered investment advisor based on theories of veil-piercing, alter ego and joint and several liability under New York and Texas… Show more Representative Experience:• Successfully argued before the Delaware Supreme Court, achieving reversal and remand of Superior Court's adverse ruling in the area of contract interpretation, related to an oil transportation services contract• In the Southern District of New York, defended against and obtained dismissal with prejudice of claims against an SEC-registered investment advisor based on theories of veil-piercing, alter ego and joint and several liability under New York and Texas law.• Authored a successful motion to dismiss a relator’s amended complaint, in the Northern District of Texas, securing the dismissal with prejudice of a publicly-traded healthcare company from a quit tam suit alleging liability under the False Claims Act over a nine-year period covering facilities in 14 states.• Obtained a six-figure jury verdict, plus attorney’s fees, in a Texas state court case based on the breach of an oral referral fee agreement.• Successfully defended corporate lender (who had foreclosed on valuable lake-front property) against claims made in an adversary proceeding in the United States Bankruptcy Court for the Western District of Texas by a party claiming ownership of submerged property extending from the shoreline.• Obtained early dismissal of a case filed in Texas state court against a national web-based home improvement service provider through enforcement of an imbedded or “click-through” forum selection clause on the Colorado-based company’s website. • Successfully prosecuted, in an adversary proceeding in the United States Bankruptcy Court for the Northern District of Texas, claims brought on behalf of a Nevada-based world market center for home and hospitality furnishings, against a debtor for collection and retention of settlement funds for past-due accounts belonging to the market center, resulting in a favorable settlement including allowance of a claim against the debtor. Lackey Hershman was acquired by Stinson Leonard Street in 2018. Show less
