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AREA OF PRACTICE Litigation - General Litigation - Commercial Arbitration and ADR Class Actions Employment Energy Jim has obtained favorable verdicts, judgments and settlements on behalf of both plaintiffs and defendants in a wide variety of complex business cases, including cases relating to oil and gas, trade secrets, real estate, products liability, UCC, antitrust, employment matters, construction contracts and consumer claims. Jim has also defended clients in serious personal injury and wrongful death cases. In recent years, Jim has focused on the litigation of oil and gas cases, including disputes relating to natural gas purchase and sales contracts, gas processing agreements, transportation agreements, and acquisition agreements, as well as royalty disputes. REPRESENTATIVE CASES FOR PLAINTIFFS $30.5 million recovery for an offshore gas producer against Columbia Gas Transmission Corp. for the repudiation of a long-term gas purchase contract. $30 million settlement of a state-wide royalty owner class action against UPRC involving underpayment of royalties and failure to reasonably market the gas. $26.54 million settlement in a royalty owner class action case against Mitchell Energy Company involving underpayment of royalties and failure to reasonably market the gas. $29.5 million settlement on behalf of approximately 130 royalty owners on a claim for failure to reasonably market gas against Texaco. $20 million settlement in a class action suit against ExxonMobil on behalf of approximately 1,600 West Texas royalty owners. Assisted in winning a $31 million jury verdict, including $18.3 million in exemplary damages, against Lone Star Gas Company in a take-or-pay and allowable manipulation case. $4.4 million jury verdict on behalf of a sales outsourcing company in a breach of contract case (appeal pending). $1 million settlement on behalf of a natural gas producer against Columbia Gas Transmission Corp. in a breach of gas purchase contract case. $950,000 recovery for an oilfield service company in a breach of contract case. $600,000 settlement on behalf of an electrical contractor for damages relating to the purchase of defective emergency generators. $450,000 recovery for an airline due to the improper storage of its airplanes following 9/11. Won an $85,000 arbitration award (the full amount sought) on behalf of a woman who brought a claim against her former employer for violations of the Texas Commission on Human Rights Act. Represented an insurance agency in a suit against a former officer and employee for violations of a covenant not to compete; the case settled during jury deliberations for the full amount of actual damages sought. Represented a member of a limited liability company in a suit against another member for failure to pay its share of the company's expenses, and defended counterclaims for breach of fiduciary duty; the case settled favorably after three days of trial with the defendant conveying its membership interest to the plaintiff and withdrawing from the business. Represented a business products company in a UCC case against a credit union for honoring checks over forged endorsements; the case settled during the second day of trial for the full amount of actual damages sought. REPRESENTATIVE CASES FOR DEFENDANTS Successfully defended Integrated Electrical Services, Inc. in a breach of contract, fraud, and breach of fiduciary duty case in which the plaintiff sought $100 million in actual damages and three times that amount in exemplary damages; the case settled for less than one percent of the alleged actual damages during the first week of trial. Won a complete defense verdict on behalf of a Houston real estate developer in a case where the plaintiff alleged breach of a commercial real estate sales contract and sought specific performance and damages. Won a take-nothing jury verdict on behalf of a client sued by his former law firm for approximately $500,000 in unpaid legal fees and expenses. Obtained a take-nothing judgment on appeal on behalf of Horizon Resources, Inc. in a suit claiming additional overriding royalties on producing wells; the plaintiffs had obtained a summary judgment in their favor that was reversed and rendered in favor of Horizon on appeal. Successfully defended Horizon Resources, Inc. and CXY Energy, Inc. in a claim brought by royalty owners who alleged that certain oil and gas lease amendments were obtained by fraud and negligent misrepresentations, and who also alleged improper pooling of the oil and gas leases; the case settled for a nominal amount while defendants' motion for summary judgment was pending. Won a take-nothing judgment on behalf of a landlord who was sued by a former tenant alleging DTPA violations and conversion; judgment was affirmed on appeal. Won a take-nothing verdict on behalf of Ninfa's Restaurant in a non-subscriber personal injury case filed by one of its former employees. Defended a publicly-traded oil and gas company against claims that it delivered contaminated natural gas to a processing plant. Secured a dismissal without payment of consideration on behalf of a natural gas marketing company sued by a gas producer for breach of contract and antitrust violations. Obtained a dismissal without payment of consideration on behalf of a seat belt manufacturer/importer in a wrongful death products liability case. Successfully defended Horizon Resources, Inc. in a suit brought by a former employee who claimed he was entitled to overriding royalty interests in certain prospects he worked on. Successfully defended Hamman Oil & Refining Co. against claims of subsurface water contamination. Defended an oil and gas operator for alleged surface damages occurring during a seismic survey. Defended a manufacturer of holographic imaging machines in a breach of contract, breach of warranty and DTPA case; the case was dismissed when both the plaintiff and the defendant were acquired by a public company. Obtained a dismissal without payment of consideration on behalf of one of the defendants in a case brought by the Official Committee of Unsecured Creditors of Enron Corp. in the Enron MDL Litigation. PROFESSIONAL ACTIVITIES / MEMBERSHIPS / AFFILIATIONS State Bar of Texas (Member: Litigation Section; Oil, Gas & Mineral Law Section). U.S. Court of Appeals (Fifth Circuit) and U.S. District Courts (Southern, Northern, Western and Eastern Districts of Texas). American Bar Association (Member: Litigation Section; Oil, Gas & Mineral Law Section). Houston Bar Association (Member: Litigation Section; Oil, Gas & Mineral Law Section). American Trial Lawyers Association. Participant in Houston Volunteer Lawyers Program. PUBLICATIONS / SPEECHES What To Do If You Don't Get What You Ask For - Ethical and Practical Considerations; presented at Document Production and Organization in Texas, June 2001. EDUCATIONAL BACKGROUND 1984 - B.A., St. Mary's University of San Antonio, Texas, magna cum laude 1987 - J.D., The University of Texas at Austin School of Law. | 