Brian C. Boyle, Partner
Houston
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832-786-4451 phone
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713-960-8991 fax
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bboyle@lightfootlaw.com
Biography
Brian Boyle is a trial lawyer with vast experience in complex commercial litigation and energy and construction disputes.
Brian represents a wide range of clients, from Fortune 500 companies to government entities and small businesses. His diverse litigation practice includes energy industry matters, construction and infrastructure disputes, trade secrets and unfair competition claims, and other high-stakes business litigation. Brian has been recognized as a Texas Super Lawyer in Business Litigation, a distinction reserved for the top 5% of lawyers in the state.
Commercial Litigation – Plaintiffs
A significant part of Brian’s practice is representing businesses and government entities in litigation to recover monetary damages arising from troubled projects and transactions. Among other matters, Brian represented a municipality in securing a $90 million settlement in a lawsuit against a multinational corporation over the defective design and installation of an automated water meter and billing system under an energy performance contract. In another recent case, Brian obtained a confidential seven-figure settlement for a county hospital system in litigation against a global elevator manufacturer over deficiencies in the hospital’s elevator system. Brian also succeeded in obtaining a confidential eight-figure recovery for an energy company after extensive litigation related to a power generation project tainted by fraud and self-dealing.
Commercial Litigation – Defendants
Along with his representation of plaintiffs, Brian represents businesses in defending against claims in high-stakes business and construction disputes. As one example, after extensive litigation in federal court, Brian obtained the dismissal of breach of contract and fraud claims seeking $20 million from his client for allegedly failing to supply sufficient volumes of oil to a recently expanded crude-by-rail facility. In another lawsuit, Brian helped an international oilfield services company win the dismissal of breach of contract and corporate veil-piercing claims asking for more than $50 million in connection with an oil and gas development project in Mexico. Brian also successfully defended a global real estate investment company against contract and fraud claims seeking more than $10 million related to the construction of chemical distribution facilities, securing a favorable settlement after the trial court entered summary judgment dismissing the claims.
Energy Industry Litigation
Brian has handled a wide range of complex litigation arising from various business ventures and contracts, many of which involve the energy industry. These matters have included claims related to purchase and sale agreements, merger agreements, oil and gas leases, drilling contracts, joint operating agreements, joint development agreements, energy savings contracts, supply and trading contracts, and license and distribution agreements.
In his work for energy clients, Brian has litigated many different claims spanning all areas of the industry, ranging from exploration and production disputes to force majeure issues, take-or-pay claims, AMI and right of first refusal claims, trading disputes, power generation matters, infrastructure disputes, and insurance recovery actions. Brian also has significant experience with environmental contamination and indemnification claims, including serving as co-counsel in the first-ever Clean Water Act enforcement trial under the Oil Pollution Act.
Construction Litigation
Another significant part of Brian’s practice is construction litigation and arbitration. He represents owners, developers, and contractors in disputes involving design and construction defects, delays, cost overruns, and extra work. These cases arise from various types of projects, including mixed-use developments, high-rise office buildings and hotels, public infrastructure and government facilities, chemical plants, pipelines, and oil-and-gas terminals and processing plants.
Brian has tried construction cases in both lawsuits and arbitration proceedings. This includes a three-month arbitration arising from construction of a luxury hotel and a two-week jury trial resulting in a unanimous verdict in favor of his client in a pipeline construction dispute.
Trade Secrets and Unfair Competition
Along with his energy and construction-specific matters, Brian frequently litigates trade secret and unfair competition claims for clients in many different industries. For example, Brian assisted an energy industry client in obtaining injunctive relief and, following a week-long evidentiary hearing, a seven-figure arbitration award against a former officer of an oilfield services company who created a competing business in violation of non-compete restrictions in a merger agreement.
Before starting his commercial litigation practice, Brian served as a briefing intern for former Chief Justice Thomas R. Phillips of the Supreme Court of Texas. Brian also tried nearly 20 cases to verdict for the city of Houston. Over the years, Brian has been a frequent writer and speaker on trial advocacy and emerging legal issues.
A native Texan, Brian was born and raised in San Antonio. Prior to joining Lightfoot, he was a partner at Norton Rose Fulbright in Houston.
Representative Matters
- Representing an international energy company in a crude oil supply and trading lawsuit alleging that the client breached a crude supply agreement by failing to supply agreed-upon volumes to a crude-by-rail facility and by failing to pay alleged take-or-pay fees, resulting in the trial court’s summary judgment in favor of the client.
- Representing non-creditor parties in a bankruptcy trial to estimate claims for fraudulent transfer and tortious interference related to intercompany transfers among affiliated power companies with power plants subject to leveraged lease restrictions.
- Representing a nuclear and radioactive waste disposal company in trade secret misappropriation and tortious interference lawsuits.
- Representing an owner and general contractor in defending against a construction subcontractor’s claims related to the expansion of a petrochemical plant, including claims for wrongful termination and suspension damages.
- Representing a business owner in a lawsuit involving breach of contract and breach of fiduciary duty claims against the partner in a petroleum marketing and fuel supply business.
- Representing a subcontractor in defending against construction defect claims brought by a general contractor in connection with the construction of a large retail center.
- Representing an oil and gas company in litigation involving breach of contract, environmental indemnification, fraud and negligent misrepresentation claims related to its sale of oil and gas assets and the environmental condition of the properties.
- Representing a subcontractor in defending against construction defect claims brought by the building owner and general contractor in connection with the construction of an office and retail building in a mixed-use development.
- Representing an exploration and production company in arbitration involving post-closing purchase price adjustments and joint interest billing disputes arising from a stock purchase transaction and assignment of oil and gas interests in the Eagle Ford Shale.
- Representing an independent exploration and production company in defending against claims that it contaminated groundwater and domestic water supplies as a result of its operations in the Marcellus Shale.
- Representing an independent producer in a lawsuit to prevent the surface owner’s interference with the operator’s right to drill and service oil and gas wells.
- Representing an exploration and production company in a lawsuit arising from the financing of its acquisition of oil and gas interests and claims of breach of contract and fraudulent conveyance related to a lender’s alleged net profits interest and overriding royalty interest.
- Representing a chemical treatment company in a dispute involving title issues and easements in connection with the sale of a joint interest in a refinery.
- Representing a lender in a dispute related to the financing of a non-operator’s interests in assets subject to joint operating and joint development agreements.
- Representing a global real estate investment company in connection with breach of contract and fraud claims arising from the development and construction of logistics and distribution facilities servicing petrochemical plants, resulting in a favorable settlement following the trial court’s summary judgment in favor of the client.
- Representing an international energy company in a lawsuit arising from its acquisition of oil and gas properties in Texas and Louisiana, including breach of contract, fraud and conversion claims, and the allocation of environmental liabilities, which resulted in an early settlement upon favorable commercial terms.
- Representing an international oilfield services company in a cross-border dispute with a drilling subcontractor arising from an oil and gas development project in Mexico, resulting in the dismissal of all claims against the client on jurisdictional grounds following a three-day evidentiary hearing.
- Representing an oilfield services company in an arbitration involving breach of noncompete and confidentiality obligations, and trade secret misappropriation by a former officer and owner of the company, resulting in a seven-figure arbitration award in favor of the client following a seven-day evidentiary hearing.
- Representing an oilfield services and engineering company defending against claims for defects and delays, and seeking payment for services rendered in connection with a pipeline construction project. A unanimous jury verdict awarded the full amount of damages to the client following a two-week trial.
- Representing an international energy company in a Clean Water Act lawsuit brought by the United States in connection with release of oil to waterways from storage tanks at the client’s refinery, which, following a two-week trial, resulted in a penalty of less than five percent of the amount sought by the government.
- Representing an international energy company in fraud and breach of fiduciary duty lawsuits against former company executives and third parties who allegedly facilitated the executives’ fraud and self-dealing in connection with a Latin America power project and related U.S. transaction. Favorable settlements were obtained in both state and federal court litigation.
- Representing the working interest owner and operator in a lawsuit against the former operator of a South American oil and gas property, resulting in a favorable settlement after taking over the case following years of prior litigation.
- Representing an international energy company in a breach of contract lawsuit related to crude oil buy-sell agreements and the application of force majeure and termination provisions, which resulted in a favorable settlement shortly before trial.
- Representing the working interest owners in a lawsuit against the operator of a Wyoming oil and gas field, resulting in a favorable business resolution of the dispute.
- Representing a global energy company in a trial involving environmental indemnity claims related to a stock purchase transaction.
- Representing an energy trading company in breach of contract and injunctive relief claims related to the sale of electric power and scheduling coordinator services, resulting in an early settlement after pursuing the claims on an expedited schedule.
Articles
Events
News
Presentations and Publications
Author, “Buyer Beware: Energy Performance Contracts Don’t Always Deliver on Promised Savings,” Texas Town and City (June 2021)
Author, “2020 Year in Review – Energy Law,” Texas Bar Journal (January 2021)
Author, “Pitfalls of Energy Performance Contracts,” POWERGRID International (September 8, 2020)
Author, “Navigating energy performance contracts: Lessons learned from the City of Jackson’s $90 million recovery for a failed water meter and billing system,” American City & County (August 14, 2020)
Author, “2019 Year in Review – Energy Law,” Texas Bar Journal, (January 2020)
Author, “The Shrinking Reach of US Jurisdiction in Cross-Border Disputes, Texas Lawyer (August 28, 2018)
Author, “Discovery Pitfalls in Cross-Border Litigation, Texas Lawyer (August 30, 2018)
Author, “2017 Year in Review – Energy Law,” Texas Bar Journal, (January 2018)
Author, “The Outlook for LNG Disputes Under Current Market Conditions,” Gastech News, (March 27, 2017)
Author, “2016 Year in Review – Energy Law,” Texas Bar Journal, (January 2017)
Presenter, “Preparing Witnesses for Deposition, Taking Depositions, and Defending Depositions,” Norton Rose Fulbright Annual Litigation Training Program, Houston, Texas, (2014-17)
Presenter, Opening Statements, Norton Rose Fulbright Annual Trial Advocacy Program, Houston, Texas, (2014-17)
Presenter, “Recent Litigation and Regulations Affecting the Upstream,” 2016 AICPA/PDI Oil and Gas Conference, Denver, Colorado, (Nov. 14, 2016)
Presenter, “LNG Disputes Under Current Market Conditions,” 11th Annual Texas Journal of Oil, Gas, and Energy Law Symposium, (Jan. 29, 2016)
Author, “2015 Year in Review – Energy Law,” Texas Bar Journal, (January 2016)
Author, “LNG Disputes Under Sale And Purchase Agreements: Part 4,” Law360, (Nov. 10, 2015)
Author, “LNG Disputes Under Sale And Purchase Agreements: Part 3,” Law360, (Nov. 4, 2015)
Presenter, “LNG Disputes,” Norton Rose Fulbright Energy Academy, Houston, Texas, (Nov. 3, 2015)
Author, “LNG Disputes Under Sale And Purchase Agreements: Part 2,” Law360, (Oct. 28, 2015)
Author, “LNG Disputes Under Sale And Purchase Agreements: Part 1,” Law360, (Oct. 21, 2015)
Presenter, “Outlook for LNG Disputes Under Current Market Conditions and Contracting Practices,” 14th Annual Gas and Power Institute, Houston, Texas, (Sept. 10, 2015)
Presenter, “LNG Disputes Update,” 14th Annual Gas and Power Institute, Houston, Texas, (Sept. 10, 2015)
Presenter, “30(b)(6) Depositions,” Norton Rose Fulbright Litigation School, Houston, Texas, (Feb. 12, 2014)
Author, “Obtaining Foreign Discovery in U.S. Litigation,” The Advocate State Bar of Texas Litigation Section Report, Volume 63 – International Civil Litigation in American Courts, (Summer 2013)
Author, “Minimize the Risk of Post-Deal Fraud Claims,” Texas Lawyer - In-House Texas, (March 4, 2013)
Author, “2012 Year in Review – Energy Law,” Texas Bar Journal, (January 2013)
Author, “Criminal Market Manipulation,” Trends in Energy Disputes, Fulbright & Jaworski LLP (2011)
Author, “The Oregon Death with Dignity Act: A Successful Model or a Legal Anomaly Vulnerable to Attack?,” Houston Law Review, (2003) – Awarded Shook, Hardy, Bacon LLP Award for "Best Comment Written for the Houston Law Review."
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Legal Assistant
Bio
Brian Boyle is a trial lawyer with vast experience in complex commercial litigation and energy and construction disputes.
Brian represents a wide range of clients, from Fortune 500 companies to government entities and small businesses. His diverse litigation practice includes energy industry matters, construction and infrastructure disputes, trade secrets and unfair competition claims, and other high-stakes business litigation. Brian has been recognized as a Texas Super Lawyer in Business Litigation, a distinction reserved for the top 5% of lawyers in the state.
Commercial Litigation – Plaintiffs
A significant part of Brian’s practice is representing businesses and government entities in litigation to recover monetary damages arising from troubled projects and transactions. Among other matters, Brian represented a municipality in securing a $90 million settlement in a lawsuit against a multinational corporation over the defective design and installation of an automated water meter and billing system under an energy performance contract. In another recent case, Brian obtained a confidential seven-figure settlement for a county hospital system in litigation against a global elevator manufacturer over deficiencies in the hospital’s elevator system. Brian also succeeded in obtaining a confidential eight-figure recovery for an energy company after extensive litigation related to a power generation project tainted by fraud and self-dealing.
Commercial Litigation – Defendants
Along with his representation of plaintiffs, Brian represents businesses in defending against claims in high-stakes business and construction disputes. As one example, after extensive litigation in federal court, Brian obtained the dismissal of breach of contract and fraud claims seeking $20 million from his client for allegedly failing to supply sufficient volumes of oil to a recently expanded crude-by-rail facility. In another lawsuit, Brian helped an international oilfield services company win the dismissal of breach of contract and corporate veil-piercing claims asking for more than $50 million in connection with an oil and gas development project in Mexico. Brian also successfully defended a global real estate investment company against contract and fraud claims seeking more than $10 million related to the construction of chemical distribution facilities, securing a favorable settlement after the trial court entered summary judgment dismissing the claims.
Energy Industry Litigation
Brian has handled a wide range of complex litigation arising from various business ventures and contracts, many of which involve the energy industry. These matters have included claims related to purchase and sale agreements, merger agreements, oil and gas leases, drilling contracts, joint operating agreements, joint development agreements, energy savings contracts, supply and trading contracts, and license and distribution agreements.
In his work for energy clients, Brian has litigated many different claims spanning all areas of the industry, ranging from exploration and production disputes to force majeure issues, take-or-pay claims, AMI and right of first refusal claims, trading disputes, power generation matters, infrastructure disputes, and insurance recovery actions. Brian also has significant experience with environmental contamination and indemnification claims, including serving as co-counsel in the first-ever Clean Water Act enforcement trial under the Oil Pollution Act.
Construction Litigation
Another significant part of Brian’s practice is construction litigation and arbitration. He represents owners, developers, and contractors in disputes involving design and construction defects, delays, cost overruns, and extra work. These cases arise from various types of projects, including mixed-use developments, high-rise office buildings and hotels, public infrastructure and government facilities, chemical plants, pipelines, and oil-and-gas terminals and processing plants.
Brian has tried construction cases in both lawsuits and arbitration proceedings. This includes a three-month arbitration arising from construction of a luxury hotel and a two-week jury trial resulting in a unanimous verdict in favor of his client in a pipeline construction dispute.
Trade Secrets and Unfair Competition
Along with his energy and construction-specific matters, Brian frequently litigates trade secret and unfair competition claims for clients in many different industries. For example, Brian assisted an energy industry client in obtaining injunctive relief and, following a week-long evidentiary hearing, a seven-figure arbitration award against a former officer of an oilfield services company who created a competing business in violation of non-compete restrictions in a merger agreement.
Before starting his commercial litigation practice, Brian served as a briefing intern for former Chief Justice Thomas R. Phillips of the Supreme Court of Texas. Brian also tried nearly 20 cases to verdict for the city of Houston. Over the years, Brian has been a frequent writer and speaker on trial advocacy and emerging legal issues.
A native Texan, Brian was born and raised in San Antonio. Prior to joining Lightfoot, he was a partner at Norton Rose Fulbright in Houston.
Experience
Representative Matters
Representing an international energy company in a crude oil supply and trading lawsuit alleging that the client breached a crude supply agreement by failing to supply agreed-upon volumes to a crude-by-rail facility and by failing to pay alleged take-or-pay fees, resulting in the trial court’s summary judgment in favor of the client.
Representing non-creditor parties in a bankruptcy trial to estimate claims for fraudulent transfer and tortious interference related to intercompany transfers among affiliated power companies with power plants subject to leveraged lease restrictions.
Representing a nuclear and radioactive waste disposal company in trade secret misappropriation and tortious interference lawsuits.
Representing an owner and general contractor in defending against a construction subcontractor’s claims related to the expansion of a petrochemical plant, including claims for wrongful termination and suspension damages.
Representing a business owner in a lawsuit involving breach of contract and breach of fiduciary duty claims against the partner in a petroleum marketing and fuel supply business.
Representing a subcontractor in defending against construction defect claims brought by a general contractor in connection with the construction of a large retail center.
Representing an oil and gas company in litigation involving breach of contract, environmental indemnification, fraud and negligent misrepresentation claims related to its sale of oil and gas assets and the environmental condition of the properties.
Representing a subcontractor in defending against construction defect claims brought by the building owner and general contractor in connection with the construction of an office and retail building in a mixed-use development.
Representing an exploration and production company in arbitration involving post-closing purchase price adjustments and joint interest billing disputes arising from a stock purchase transaction and assignment of oil and gas interests in the Eagle Ford Shale.
Representing an independent exploration and production company in defending against claims that it contaminated groundwater and domestic water supplies as a result of its operations in the Marcellus Shale.
Representing an independent producer in a lawsuit to prevent the surface owner’s interference with the operator’s right to drill and service oil and gas wells.
Representing an exploration and production company in a lawsuit arising from the financing of its acquisition of oil and gas interests and claims of breach of contract and fraudulent conveyance related to a lender’s alleged net profits interest and overriding royalty interest.
Representing a chemical treatment company in a dispute involving title issues and easements in connection with the sale of a joint interest in a refinery.
Representing a lender in a dispute related to the financing of a non-operator’s interests in assets subject to joint operating and joint development agreements.
Representing a global real estate investment company in connection with breach of contract and fraud claims arising from the development and construction of logistics and distribution facilities servicing petrochemical plants, resulting in a favorable settlement following the trial court’s summary judgment in favor of the client.
Representing an international energy company in a lawsuit arising from its acquisition of oil and gas properties in Texas and Louisiana, including breach of contract, fraud and conversion claims, and the allocation of environmental liabilities, which resulted in an early settlement upon favorable commercial terms.
Representing an international oilfield services company in a cross-border dispute with a drilling subcontractor arising from an oil and gas development project in Mexico, resulting in the dismissal of all claims against the client on jurisdictional grounds following a three-day evidentiary hearing.
Representing an oilfield services company in an arbitration involving breach of noncompete and confidentiality obligations, and trade secret misappropriation by a former officer and owner of the company, resulting in a seven-figure arbitration award in favor of the client following a seven-day evidentiary hearing.
Representing an oilfield services and engineering company defending against claims for defects and delays, and seeking payment for services rendered in connection with a pipeline construction project. A unanimous jury verdict awarded the full amount of damages to the client following a two-week trial.
Representing an international energy company in a Clean Water Act lawsuit brought by the United States in connection with release of oil to waterways from storage tanks at the client’s refinery, which, following a two-week trial, resulted in a penalty of less than five percent of the amount sought by the government.
Representing an international energy company in fraud and breach of fiduciary duty lawsuits against former company executives and third parties who allegedly facilitated the executives’ fraud and self-dealing in connection with a Latin America power project and related U.S. transaction. Favorable settlements were obtained in both state and federal court litigation.
Representing the working interest owner and operator in a lawsuit against the former operator of a South American oil and gas property, resulting in a favorable settlement after taking over the case following years of prior litigation.
Representing an international energy company in a breach of contract lawsuit related to crude oil buy-sell agreements and the application of force majeure and termination provisions, which resulted in a favorable settlement shortly before trial.
Representing the working interest owners in a lawsuit against the operator of a Wyoming oil and gas field, resulting in a favorable business resolution of the dispute.
Representing a global energy company in a trial involving environmental indemnity claims related to a stock purchase transaction.
Representing an energy trading company in breach of contract and injunctive relief claims related to the sale of electric power and scheduling coordinator services, resulting in an early settlement after pursuing the claims on an expedited schedule.
News & Insights
Articles
Events
News
Presentations and Publications
Author, “Buyer Beware: Energy Performance Contracts Don’t Always Deliver on Promised Savings,” Texas Town and City (June 2021)
Author, “2020 Year in Review – Energy Law,” Texas Bar Journal (January 2021)
Author, “Pitfalls of Energy Performance Contracts,” POWERGRID International (September 8, 2020)
Author, “Navigating energy performance contracts: Lessons learned from the City of Jackson’s $90 million recovery for a failed water meter and billing system,” American City & County (August 14, 2020)
Author, “2019 Year in Review – Energy Law,” Texas Bar Journal, (January 2020)
Author, “The Shrinking Reach of US Jurisdiction in Cross-Border Disputes, Texas Lawyer (August 28, 2018)
Author, “Discovery Pitfalls in Cross-Border Litigation, Texas Lawyer (August 30, 2018)
Author, “2017 Year in Review – Energy Law,” Texas Bar Journal, (January 2018)
Author, “The Outlook for LNG Disputes Under Current Market Conditions,” Gastech News, (March 27, 2017)
Author, “2016 Year in Review – Energy Law,” Texas Bar Journal, (January 2017)
Presenter, “Preparing Witnesses for Deposition, Taking Depositions, and Defending Depositions,” Norton Rose Fulbright Annual Litigation Training Program, Houston, Texas, (2014-17)
Presenter, Opening Statements, Norton Rose Fulbright Annual Trial Advocacy Program, Houston, Texas, (2014-17)
Presenter, “Recent Litigation and Regulations Affecting the Upstream,” 2016 AICPA/PDI Oil and Gas Conference, Denver, Colorado, (Nov. 14, 2016)
Presenter, “LNG Disputes Under Current Market Conditions,” 11th Annual Texas Journal of Oil, Gas, and Energy Law Symposium, (Jan. 29, 2016)
Author, “2015 Year in Review – Energy Law,” Texas Bar Journal, (January 2016)
Author, “LNG Disputes Under Sale And Purchase Agreements: Part 4,” Law360, (Nov. 10, 2015)
Author, “LNG Disputes Under Sale And Purchase Agreements: Part 3,” Law360, (Nov. 4, 2015)
Presenter, “LNG Disputes,” Norton Rose Fulbright Energy Academy, Houston, Texas, (Nov. 3, 2015)
Author, “LNG Disputes Under Sale And Purchase Agreements: Part 2,” Law360, (Oct. 28, 2015)
Author, “LNG Disputes Under Sale And Purchase Agreements: Part 1,” Law360, (Oct. 21, 2015)
Presenter, “Outlook for LNG Disputes Under Current Market Conditions and Contracting Practices,” 14th Annual Gas and Power Institute, Houston, Texas, (Sept. 10, 2015)
Presenter, “LNG Disputes Update,” 14th Annual Gas and Power Institute, Houston, Texas, (Sept. 10, 2015)
Presenter, “30(b)(6) Depositions,” Norton Rose Fulbright Litigation School, Houston, Texas, (Feb. 12, 2014)
Author, “Obtaining Foreign Discovery in U.S. Litigation,” The Advocate State Bar of Texas Litigation Section Report, Volume 63 – International Civil Litigation in American Courts, (Summer 2013)
Author, “Minimize the Risk of Post-Deal Fraud Claims,” Texas Lawyer - In-House Texas, (March 4, 2013)
Author, “2012 Year in Review – Energy Law,” Texas Bar Journal, (January 2013)
Author, “Criminal Market Manipulation,” Trends in Energy Disputes, Fulbright & Jaworski LLP (2011)
Author, “The Oregon Death with Dignity Act: A Successful Model or a Legal Anomaly Vulnerable to Attack?,” Houston Law Review, (2003) – Awarded Shook, Hardy, Bacon LLP Award for "Best Comment Written for the Houston Law Review."
Education
University of Houston Law Center
(J.D., magna cum laude)
Houston Law Review, Order of the Barons
University of Texas
(B.A.)
Professional Organizations
Houston Bar Association
Institute for Energy Law
Rocky Mountain Mineral Law Foundation
State Bar of Texas
University of Houston Law Alumni Association, Board of Directors
Young Professionals in Energy
Awards
H Texas Magazine, “Lawyers on the Fast Track” (2009)
Texas Super Lawyers by Thomson Reuters, “Rising Star” — Business Litigation (2008-09, 2012-18)
Texas Super Lawyers by Thomson Reuters — Business Litigation (2021-23)
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