Robert A. Wilkins, Partner
Houston
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832-786-4439 phone
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713-960-8991 fax
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rwilkins@lightfootlaw.com
Biography
Rob Wilkins is an experienced commercial litigator handling bet-the-company cases.
Rob has represented both plaintiffs and defendants for 20 years in a broad range of high-stakes matters. He has a particular focus on commercial litigation in the oil, gas and energy sectors, with an emphasis on litigation finance, business divorce cases, fiduciary issues, breach of contract claims, securities disputes and other related conflicts. He has also worked on matters involving personal injury, torts, condemnation, First Amendment, and intellectual property for clients in a variety of industries.
Approaching his cases with a business-oriented focus, Rob strives to achieve the best result for the company he is representing, whether it is a quick resolution or taking a matter to trial. He has tried cases in state and federal courts in Texas and around the country. He has likewise handled arbitrations of all types, including international arbitration with millions of dollars at stake. Some of Rob’s recent matters include:
- Representing a multinational equipment rental company in a catastrophic injury matter involving aspects of construction law, OSHA, indemnification and tort law, to settle for a fraction of the amount claimed.
- Representing shareholders in a closely held corporation in successfully negotiating a sale of their interests in a boat dealership, at fair market value.
- Representing a cement company in contesting an arrest of goods while also fighting an international arbitration pending in London based on claims of demurrage.
- Arbitrating a large shareholder dispute quickly and providing both parties with a successful outcome.
Before attending law school, Rob spent two years working in the commercial lending department at Mashreq Bank in Dubai, UAE. After law school, Rob spent several years at a global law firm, where he gained a wealth of experience representing clients in high-value, complex disputes that often had bet-the-company implications. He put that knowledge and skill set to good use at his own boutique litigation firm before joining Lightfoot. Trusted by his clients and respected by opponents, Rob has been named to Thomson Reuters' Texas Super Lawyers list since 2014.
Rob was born and raised in Houston and Galveston. When he is not working, he spends his free time hunting, fishing, shooting sporting clays and generally enjoying the outdoors with his wife Carol, their son Cameron and their golden retriever Bailey. He is a member of St. Luke’s United Methodist Church, the Houston Racquet Club, the Greater Houston Gun Club, and the Knights of Momus.
Representative Matters
- Serving as co-lead plaintiff’s counsel, represented a co-equal shareholder and co-equal director of a closely held multimillion-dollar exploration-and-production company in a shareholder oppression/business divorce case. The case was ultimately settled before trial to the client’s satisfaction.
- Serving as lead defense counsel defending a closely held multimillion-dollar exploration-and-production company against shareholder oppression claims of a minority shareholder. Settled pre-trial by negotiating defendants’ purchase of the plaintiff’s holdings.
- Representing a business owner in defending allegations by former co-shareholder who asserted rights to an independent international railcar logistics company. After summary judgment and plea to the jurisdiction briefing, plaintiff settled for a fraction of the claimed damages.
- Serving as lead trial lawyer defending arbitration brought by a former consultant for a litigation funding business who had asserted a multimillion-dollar breach of the compensation agreement. After a full hearing, the consultant’s claims were dismissed and the client was awarded declaratory relief along with fees and expenses.
- Serving as lead trial lawyer in an international arbitration brought on behalf of a local energy provider that had been acquired by a Canadian entity. The acquiring company claimed that the client had failed to satisfy the EBITDA component of the governing earnout provision and, for that reason, was due no further compensation. The matter was ultimately settled to the client’s satisfaction.
- Serving as part of a trial team that obtained a judgment that the buyer in a $10 billion merger breached its obligations to use its reasonable best efforts to secure its financing and consummate the merger with the client.
- Serving as co-lead plaintiff’s counsel in a multimillion-dollar arbitration involving a contract dispute where the defendant had wrongfully assessed certain fees and expenses against shareholders in completing a secondary equity offering. After the arbitration hearing, the arbitrator awarded 95% of claimed damages including pre- and post-judgment interest.
- Acting as lead defense counsel, defended a publicly held hospital group against a multimillion-dollar breach of contract claim asserted by a billing consultant. With minimal cost to the client, settled the claim for roughly 1% of asserted damages.
- Serving as lead plaintiff’s counsel in a breach of contract claim filed on behalf of a computer software company. After removal to federal court and multiple rounds of summary judgment briefing, case was settled to client’s satisfaction.
- Serving as part of the team that tried an arbitration on behalf of a computer software company involving issues of breach of contract and breach of duty of good faith and fair dealing. Arbitrators awarded client $6.2 million.
- Obtaining a summary judgment dismissing claims asserted against an officer of a medical imaging corporation. Plaintiff had attempted to hold the officer individually responsible for continuing lease obligations after the corporation failed to pay its franchise tax.
- Conducting an internal investigation and obtaining an arbitration award that included attorneys fees against an IT manager who used his position to steal computers and computer equipment from a local exploration-and-production company.
- Defending the board of managers of a local exploration-and-production company in a lawsuit relating to improper shareholder dilution. After briefing on motions to dismiss, the plaintiffs voluntarily dismissed their claims.
- Obtaining summary judgment while representing the conflicts committee of a Master Limited Partnership (MLP), defending against allegations that the MLP overpaid by hundreds of millions of dollars in a pipeline acquisition.
- Serving as first-chair of a three-week trial in federal court in Houston, representing a company accused of RICO, fraud, breach of fiduciary duty and other causes.
- Obtaining an arbitration award that dismissed all claims brought by one member (and the general counsel) of a closely held corporation, accusing his co-members of fraud, breach of fiduciary duty, theft and other similar causes. Decision came after a full hearing and post-hearing briefing. All costs and fees were also awarded to the defendants.
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Legal Assistant
Bio
Rob Wilkins is an experienced commercial litigator handling bet-the-company cases.
Rob has represented both plaintiffs and defendants for 20 years in a broad range of high-stakes matters. He has a particular focus on commercial litigation in the oil, gas and energy sectors, with an emphasis on litigation finance, business divorce cases, fiduciary issues, breach of contract claims, securities disputes and other related conflicts. He has also worked on matters involving personal injury, torts, condemnation, First Amendment, and intellectual property for clients in a variety of industries.
Approaching his cases with a business-oriented focus, Rob strives to achieve the best result for the company he is representing, whether it is a quick resolution or taking a matter to trial. He has tried cases in state and federal courts in Texas and around the country. He has likewise handled arbitrations of all types, including international arbitration with millions of dollars at stake. Some of Rob’s recent matters include:
- Representing a multinational equipment rental company in a catastrophic injury matter involving aspects of construction law, OSHA, indemnification and tort law, to settle for a fraction of the amount claimed.
- Representing shareholders in a closely held corporation in successfully negotiating a sale of their interests in a boat dealership, at fair market value.
- Representing a cement company in contesting an arrest of goods while also fighting an international arbitration pending in London based on claims of demurrage.
- Arbitrating a large shareholder dispute quickly and providing both parties with a successful outcome.
Before attending law school, Rob spent two years working in the commercial lending department at Mashreq Bank in Dubai, UAE. After law school, Rob spent several years at a global law firm, where he gained a wealth of experience representing clients in high-value, complex disputes that often had bet-the-company implications. He put that knowledge and skill set to good use at his own boutique litigation firm before joining Lightfoot. Trusted by his clients and respected by opponents, Rob has been named to Thomson Reuters' Texas Super Lawyers list since 2014.
Rob was born and raised in Houston and Galveston. When he is not working, he spends his free time hunting, fishing, shooting sporting clays and generally enjoying the outdoors with his wife Carol, their son Cameron and their golden retriever Bailey. He is a member of St. Luke’s United Methodist Church, the Houston Racquet Club, the Greater Houston Gun Club, and the Knights of Momus.
Experience
Representative Matters
Serving as co-lead plaintiff’s counsel, represented a co-equal shareholder and co-equal director of a closely held multimillion-dollar exploration-and-production company in a shareholder oppression/business divorce case. The case was ultimately settled before trial to the client’s satisfaction.
Serving as lead defense counsel defending a closely held multimillion-dollar exploration-and-production company against shareholder oppression claims of a minority shareholder. Settled pre-trial by negotiating defendants’ purchase of the plaintiff’s holdings.
Representing a business owner in defending allegations by former co-shareholder who asserted rights to an independent international railcar logistics company. After summary judgment and plea to the jurisdiction briefing, plaintiff settled for a fraction of the claimed damages.
Serving as lead trial lawyer defending arbitration brought by a former consultant for a litigation funding business who had asserted a multimillion-dollar breach of the compensation agreement. After a full hearing, the consultant’s claims were dismissed and the client was awarded declaratory relief along with fees and expenses.
Serving as lead trial lawyer in an international arbitration brought on behalf of a local energy provider that had been acquired by a Canadian entity. The acquiring company claimed that the client had failed to satisfy the EBITDA component of the governing earnout provision and, for that reason, was due no further compensation. The matter was ultimately settled to the client’s satisfaction.
Serving as part of a trial team that obtained a judgment that the buyer in a $10 billion merger breached its obligations to use its reasonable best efforts to secure its financing and consummate the merger with the client.
Serving as co-lead plaintiff’s counsel in a multimillion-dollar arbitration involving a contract dispute where the defendant had wrongfully assessed certain fees and expenses against shareholders in completing a secondary equity offering. After the arbitration hearing, the arbitrator awarded 95% of claimed damages including pre- and post-judgment interest.
Acting as lead defense counsel, defended a publicly held hospital group against a multimillion-dollar breach of contract claim asserted by a billing consultant. With minimal cost to the client, settled the claim for roughly 1% of asserted damages.
Serving as lead plaintiff’s counsel in a breach of contract claim filed on behalf of a computer software company. After removal to federal court and multiple rounds of summary judgment briefing, case was settled to client’s satisfaction.
Serving as part of the team that tried an arbitration on behalf of a computer software company involving issues of breach of contract and breach of duty of good faith and fair dealing. Arbitrators awarded client $6.2 million.
Obtaining a summary judgment dismissing claims asserted against an officer of a medical imaging corporation. Plaintiff had attempted to hold the officer individually responsible for continuing lease obligations after the corporation failed to pay its franchise tax.
Conducting an internal investigation and obtaining an arbitration award that included attorneys fees against an IT manager who used his position to steal computers and computer equipment from a local exploration-and-production company.
Defending the board of managers of a local exploration-and-production company in a lawsuit relating to improper shareholder dilution. After briefing on motions to dismiss, the plaintiffs voluntarily dismissed their claims.
Obtaining summary judgment while representing the conflicts committee of a Master Limited Partnership (MLP), defending against allegations that the MLP overpaid by hundreds of millions of dollars in a pipeline acquisition.
Serving as first-chair of a three-week trial in federal court in Houston, representing a company accused of RICO, fraud, breach of fiduciary duty and other causes.
Obtaining an arbitration award that dismissed all claims brought by one member (and the general counsel) of a closely held corporation, accusing his co-members of fraud, breach of fiduciary duty, theft and other similar causes. Decision came after a full hearing and post-hearing briefing. All costs and fees were also awarded to the defendants.
Education
University of Texas School of Law
(J.D., with honors)
University of Texas
(B.A.)
Court Admissions
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Eastern District of Texas
U.S. District Court for the Northern District of Texas
U.S. District Court for the Southern District of Texas
U.S. District Court for the Western District of Texas
Professional Organizations
American Bar Association
Houston Bar Association
Houston Young Lawyers Association
Texas Bar Foundation, Fellow
Awards
Texas Super Lawyers by Thomson Reuters, “Rising Star” — Business Litigation (2009-13)
Texas Super Lawyers by Thomson Reuters — Business Litigation (2014-23)
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