 OverviewFred has represented individuals and businesses for more than 30 years in a wide variety of business and commercial litigation matters, including complex contract disputes, health care, business torts, energy/environmental litigation, business divorces, real estate disputes, Uniform Commercial Code violations, banking and financial service litigation, as well as multi-district litigation. Fred has served as Assistant/Acting General Counsel for an independent oil and gas company and currently serves as General Counsel to Firm clients serving health care, real estate development, logistics and transportation industries, as well as a children’s charity. Although his business litigation practice is varied, many of Fred’s recent cases involve disputes between landowners and operators, fiduciary duty disputes, complex contract/business tort disputes, real estate, mineral interests and environmental responsibilities. While Fred maintains an active litigation practice, he understands his clients need more than a good litigator. They need an attorney who is both capable of going to trial as well as resolving disputes efficiently and cost-effectively. Fred is dedicated to client service, and makes an effort to learn his clients’ businesses, which in turn enables him to provide better, more customized legal advice to protect critical business interests. In 2020, a result Fred achieved in trial for his client was recognized by Best of the BarTM in their "Top 100 Verdicts in Texas" list. Fred’s wife, Janet, is also an attorney as well as a real estate developer. Their son, John David, is an Eagle Scout and graduate of Texas A&M University. Memberships
- Alliance for Children & Families (Former Director)
- Bar Association of the Fifth Federal Circuit
- Boys & Girls Harbor (Director; Former Chairman of the Board)
- Houston Bar Association, Litigation Section
- Joyful Toyful Fiesta, Inc. (Chairman of the Board and President)
- State Bar of Texas, Bankruptcy, Business Law, Health Law, Litigation and Oil, Gas and Mineral Law Sections
- Texas Accountants and Lawyers for the Arts
- Texas Bar Foundation (Life Fellow)
- The College of the State Bar of Texas
- Theater Under the Stars (Former Director)
Clerkship
- Justice Sam Bass, First Court of Appeals, Houston (Briefing Attorney, 1984-1985)
- US Army, JAGC Specialist Five Lawyer’s Assistant (Army Service Ribbon, Overseas Service Ribbon and Army Commendation Medal with Oak Leaf Cluster, 1977-1981)
OverviewFred has represented individuals and businesses for more than 30 years in a wide variety of business and commercial litigation matters, including complex contract disputes, health care, business torts, energy/environmental litigation, business divorces, real estate disputes, Uniform Commercial Code violations, banking and financial service litigation, as well as multi-district litigation. Fred has served as Assistant/Acting General Counsel for an independent oil and gas company and currently serves as General Counsel to Firm clients serving health care, real estate development, logistics and transportation industries, as well as a children’s charity. Although his business litigation practice is varied, many of Fred’s recent cases involve disputes between landowners and operators, fiduciary duty disputes, complex contract/business tort disputes, real estate, mineral interests and environmental responsibilities. While Fred maintains an active litigation practice, he understands his clients need more than a good litigator. They need an attorney who is both capable of going to trial as well as resolving disputes efficiently and cost-effectively. Fred is dedicated to client service, and makes an effort to learn his clients’ businesses, which in turn enables him to provide better, more customized legal advice to protect critical business interests. In 2020, a result Fred achieved in trial for his client was recognized by Best of the BarTM in their "Top 100 Verdicts in Texas" list. Fred’s wife, Janet, is also an attorney as well as a real estate developer. Their son, John David, is an Eagle Scout and graduate of Texas A&M University. ExperienceHealth Care LitigationSuccessfully represented a health care company in the defense of claims for nonpayment of services in excess of $2.5 MM. [more]Successfully represented a health care company in the defense of claims for nonpayment of services in excess of $2.5 MM. During discovery, the Munsch Hardt team was able to establish claims were waived and forfeited. After preparing a summary judgment and presenting to the Plaintiff, the case was dismissed with prejudice. [less]Energy LitigationRepresented a working interest owner and obtained a $2.7 MM judgment against the operator regarding ownership of mineral and working interest, [more]Represented a working interest owner and obtained a $2.7 MM judgment against the operator regarding ownership of mineral and working interest, trespass damages and breach of obligations to assign mineral interest. The matter was arbitrated in both California and Texas resulting in a Texas judgment. [less]Manufacturing Dispute ResolutionSuccessfully represented a major manufacturing company specializing in combustion equipment for the oil and gas industry [more]Successfully represented a major manufacturing company specializing in combustion equipment for the oil and gas industry in claims arising out of a plant shutdown. At the initial claims stage, the Munch Hardt team developed a defense and strategy that was implemented to avoid litigation and successfully resolve the matter with no payment to the plant or its operator. [less]Financial Institution Litigation Defended a financial institution for lending practices resulting from the alleged misuse of collateral owned by a third party and claims for damages of $15 MM, resulting in a [more]Defended a financial institution for lending practices resulting from the alleged misuse of collateral owned by a third party and claims for damages of $15 MM resulting in a summary judgment that Plaintiff take nothing. [less]Non-Profit Dispute + Appeal Represented an incorporated non-for-profit organization against the City of Morgan’s Point regarding the use and development of property owned by the Charity, resulting in a [more]Represented an incorporated non-for-profit organization against the City of Morgan’s Point regarding the use and development of property owned by the Charity, resulting in a settlement of $5.5 MM to the Charity. [less]Energy + Banking Representation Represented an individual in a dispute with her limited partners and lenders over the obligations of the other limited partners to meet their financial obligations for the [more]Represented an individual in a dispute with her limited partners and lenders over the obligations of the other limited partners to meet their financial obligations for the debts and banking obligations in excess of $20 MM in an oil field services company. [less]Energy + Banking Representation Represented a family business in structuring its business and advising on protections of the various businesses from the obligations of the other family businesses and [more]Represented a family business in structuring its business and advising on protections of the various businesses from the obligations of the other family businesses and relationships with lending institutions. [less]Environmental Litigation Represented a chemical company in a bench trial for the collection of $1.2 MM incurred by the property owner in the cleanup of its property. Warranty Disputes Represented companies in their pursuit of various high dollar collection matters, resolution of disputes over the quality of services and resolution of warranty disputes. Fiduciary Litigation Represented a Director in a fiduciary duty lawsuit arising from claims of insolvency and guarantee obligations. Engineering Representation Represented an engineering services company that provided services to a company in Nigeria recover for its services and costs of collecting for those services. Energy Litigation Represented oil and gas producers in contractual matters including disputes arising from joint operating agreements, partnership agreements, contracts and [more]Represented oil and gas producers in contractual matters including disputes arising from joint operating agreements, partnership agreements, contracts and royalty ownership and payments. [less]Financial Institutions Litigation Represented financial institutions in lender liability, check kiting and loan practices. Health Care Litigation Representing a large, independent provider of health care services in a variety of disputes including claims arising out of vendor obligations, commercial disputes [more]Representing a large, independent provider of health care services in a variety of disputes including claims arising out of vendor obligations, commercial disputes, physician contracts, fraud, bankruptcy, real estate and business torts. [less]Health Care Litigation Represented a not-for-profit cardiology and heart surgery center in evaluating changes in the work status of full time employees to volunteer employees. It was a systematic [more]Represented a not-for-profit cardiology and heart surgery center in evaluating changes in the work status of full time employees to volunteer employees. It was a systematic risk that the Firm evaluated and reported upon at the highest level. [less]Health Care Litigation Represented a multi-facility local health system in disputes with various doctors concerning potential Stark and Anti-Kickback evaluations arising out of [more]Represented a multi-facility local health system in disputes with various doctors concerning potential Stark and Anti-Kickback evaluations arising out of construction defects of lease space, fair market value of lease rates, lease obligations and contractual obligations arising from the lease of equipment. [less]Health Care Litigation Represented a local hospital system in disputes including claims arising out of vendor obligations, commercial disputes, physician contracts, fraud, bankruptcy, real estate [more]Represented a local hospital system in disputes including claims arising out of vendor obligations, commercial disputes, physician contracts, fraud, bankruptcy, real estate and business torts. [less]Health Care Litigation Representing a doctor in disputes concerning his investments in various medical projects.
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