PROFESSIONAL QUALIFICATIONS

Admitted to State Bar of Texas, 1993.
Admitted to practice before the following courts:

• U.S. Supreme Court
• U.S. Court of Appeals, Fifth Circuit
• U.S. District Courts for the Western, Northern, Southern, and Eastern Districts of Texas

Education: Rhodes College (B.A., cum laude, 1990); Washington & Lee University (J.D., cum laude, 1993). Omicron Delta Kappa; Omicron Delta Epsilon. Member, Mortar Board. 1990, National Championship and Outstanding Attorney Award, National Intercollegiate Mock Trial Tournament. 1991, Best Oral Advocate, John W. Davis Moot Court Competition. Editor, Capital Defense Digest, 1992-1993.

Law Clerk to the Honorable Jerome Turner, U.S. District Court, Western District of Tennessee, 1993-1994.

REPRESENTATIVE EXPERIENCE

Auditor and Director/Officer Liability

• Defended national accounting firm in $270 million lawsuit for audit malpractice, resulting in favorable, take-nothing summary judgment that was affirmed on appeal, Turoff v. McCaslin, et al., 222 S.W.3d 664 (Tex. App. – Waco 2007, no pet.);
• Defended national accounting firm in $74 million lawsuit for audit malpractice, resulting in favorable, take-nothing summary judgment;
• Prosecuted breach of fiduciary duty claims against former corporate officer of home health agency in state court jury trial, and in subsequent bankruptcy proceedings resulting in summary judgment that state court judgment was non-dischargeable;

Business and Commercial Litigation

• Represented several companies and individuals from Texas and Mexico in successful challenge to personal jurisdiction of California state court in $20 million lawsuit for alleged breach of joint venture agreement;
• Represented biotechnology company in prosecution of breach of contract claims against independent contractor for delays in completing clinical trials;
• Defended buyer of company's stock in $2.5 million lawsuit for alleged breach of stock purchase agreement;
• Defended equipment manufacturer in jury trial over claims for breach of warranty, deceptive trade practices, and fraud; 
• Represented property owner in lawsuit filed against City, requiring City to honor commitments for water and wastewater services without payment of substantial amounts for "capital recovery fees";

Construction Litigation

• Represented general contractor for wind energy project in $4.5 million dispute with transmission system subcontractor;
• Defended national engineering firm in $24 million dispute over collapse and vertical deflections in portions of large diameter raw water pipeline;
• Defended national engineering firm in $7 million dispute over weld failures and leaks in large diameter raw water pipeline;
• Defended general contractor in jury trial over "quantum meruit" claims alleged by masonry subcontractor, resulting in favorable, take-nothing judgment;
• Defended general contractor of food processing plant in $1.1 million claim alleged by electrical subcontractor; 
• Represent general contractors, subcontractors, and engineers in various construction-related disputes;

Oil & Gas

• Represented lessors in successful prosecution of claims for additional royalties owed under oil and gas leases, and successfully defended judgment in appeal to U.S. Court of Appeals for the Fifth Circuit, Yturria v. Kerr-McGee Oil & Gas Onshore, LLC, 291 Fed. Appx. 626, 2008 WL 4155830 (5th Cir. 2008). Total paid to clients: $1.15 million ($939,000 in royalties, $120,000 in attorneys’ fees, $19,000 in expert witness fees, $74,000 in interest);

Pro Bono

• Worked with other lawyers in representation of death row inmate in post-conviction habeas corpus proceedings before Texas Court of Criminal Appeals, U.S. District Court, U.S. Court of Appeals for the Fifth Circuit, and U.S. Supreme Court;
• Represented church in citizen dispute over temporary use of vacant property within adjacent cemetery as a construction staging area for redevelopment of church property, resulting in denial of citizen group’s request for injunction and dismissal of lawsuit;

Real Estate Litigation

• Represented co-developer of multi-use project in asserting breach of fiduciary duty claims against general partner following foreclosure and subsequent undisclosed purchase made by affiliate of general partner;
• Defended owner of downtown office building in jury trial to resolve dispute with primary occupant over interpretation of lease option in real estate document;
• Represented Lake Travis homeowner in jury trial, defeating claims of alleged implied easement by necessity across homeowner’s property;
• Represented developer and holder of real estate option in lawsuit filed by title company over settlement arising from option, resulting in favorable, take-nothing summary judgment in favor of our client;
• Represented purchasers of foreign property bought at local auction in claims over seller’s failure to deliver title;

Trust and Probate Litigation

• Represented adopted relative in declaratory judgment lawsuit to determine whether trusts drafted in the 1930s included future adopted descendants;
• Represented beneficiaries and executors in will contests, will construction proceedings, and fiduciary litigation;

Wind Energy Litigation

• Represented developers and sellers of 278-megawatt wind energy project in prosecution of breach of contract claim against buyers of the project;
• Defended developers and operators of wind energy facility in lawsuits filed by landowners for alleged breach of lease and easement agreements;
• Represented wind energy developer in defending claims filed by former employee who sought multi-million-dollar bonus under disputed provision in contract;
• Represent wind energy developers, and construction contractor for wind energy projects, in various disputes;

PROFESSIONAL AFFILIATIONS

• Austin Bar Association (Civil Litigation Section)
• American Bar Association (Litigation Section)
• State Bar of Texas (Litigation Section and Construction Law Section)

AWARDS AND HONORS

Texas Super Lawyers "Rising Star" in Business Litigation, 2005, 2006, 2007; Published by Law & Politics and Texas Monthly magazine

COMMUNITY

• Board of Directors, Big Brothers Big Sisters of Central Texas, 1999-2004 (Chair, 2002-2003)
• Elder, Covenant Presbyterian Church -- Member of Session (Governing Body) 2007-2010; Co-Chair of Capital Campaign, 2007-2010