 OverviewOver the past 40 years working as a successful trial lawyer, Dick has tried more than 65 cases. He has handled cases in Texas, Louisiana, Mississippi, Florida, New York and California, representing clients in state and federal courts in various types of disputes, including complex commercial litigation, breach of contract, business break-ups, fraud, breach of fiduciary duty, insurance, environmental, labor and employment, intellectual property, securities, personal injury and professional liability matters. In addition to his complex commercial trial practice, Dick counsels clients and handles cases regarding employment contracts, terminations and separations, claims of discrimination and retaliation, and breach of non-competition/non-solicitation/confidentiality agreements, and theft of trade secrets. He also performs independent investigations for companies on a variety of issues. Dick is committed to finding prompt and cost effective solutions to his clients’ problems. He is known for his ability to understand complex matters; identify the key issues; and develop, execute and assess strategies to accomplish his client’s goals. Dick has taken industry courses in refining, refinery economics, practical drilling technology and well control. He obtained the International Association of Drilling Contractors (IADC) certification for well control at the supervisor level. Dick completed Harvard Law School's program on Negotiation and Leadership; Harvard Law School Master Class: Advanced Negotiation Strategies; the University of Houston A.A. White Dispute Resolution Center's comprehensive course in Commercial Arbitration (Domestic and International) and obtained a certificate in Advanced Arbitration Skills, and A.A. White Dispute Resolution Center 40 hour mediator training. Since 2019, Dick has served as an Adjunct Professor at The University of Houston Law Center, where he teaches a course on the legal and ethical responsibilities of members of the legal profession. He is also currently serving his second term as Chair of the State Bar of Texas District 4 Grievance Committee. Memberships
- Federal Bar Association, South Texas Chapter (Board of Directors; Former President, Treasurer, Secretary and National Delegate)
- Garland Walker Inn of Court (Board of Directors, 1993-2022; Executive Director, 1993-2002, 2017-Present)
- Houston Bar Association Houston Lawyer Referral Service (Board of Trustees, 2010-2011)
- Houston Bar Association Speakers Bureau
- National Inns of Court Foundation (Fifth Circuit Trustee, 2007-2015)
- Texas Bar Foundation (Life Fellow)
- United States District Court for the Southern District of Texas (Member, 2000-2019; Committee to Revise the ADR Rules of the Local Rules and Standing ADR Panel)
- American Bar Association
- College of the State Bar of Texas (1993-2001)
OverviewOver the past 40 years working as a successful trial lawyer, Dick has tried more than 65 cases. He has handled cases in Texas, Louisiana, Mississippi, Florida, New York and California, representing clients in state and federal courts in various types of disputes, including complex commercial litigation, breach of contract, business break-ups, fraud, breach of fiduciary duty, insurance, environmental, labor and employment, intellectual property, securities, personal injury and professional liability matters. In addition to his complex commercial trial practice, Dick counsels clients and handles cases regarding employment contracts, terminations and separations, claims of discrimination and retaliation, and breach of non-competition/non-solicitation/confidentiality agreements, and theft of trade secrets. He also performs independent investigations for companies on a variety of issues. Dick is committed to finding prompt and cost effective solutions to his clients’ problems. He is known for his ability to understand complex matters; identify the key issues; and develop, execute and assess strategies to accomplish his client’s goals. Dick has taken industry courses in refining, refinery economics, practical drilling technology and well control. He obtained the International Association of Drilling Contractors (IADC) certification for well control at the supervisor level. Dick completed Harvard Law School's program on Negotiation and Leadership; Harvard Law School Master Class: Advanced Negotiation Strategies; the University of Houston A.A. White Dispute Resolution Center's comprehensive course in Commercial Arbitration (Domestic and International) and obtained a certificate in Advanced Arbitration Skills, and A.A. White Dispute Resolution Center 40 hour mediator training. Since 2019, Dick has served as an Adjunct Professor at The University of Houston Law Center, where he teaches a course on the legal and ethical responsibilities of members of the legal profession. He is also currently serving his second term as Chair of the State Bar of Texas District 4 Grievance Committee. ExperienceAppellate VictoryObtained a favorable summary judgment ruling in trial court for a client in a case that addressed a fundamental aspect of contract law – the doctrine of implied revocation. [more]Obtained a favorable summary judgment ruling in trial court for a client in a case that addressed a fundamental aspect of contract law – the doctrine of implied revocation. The main issue was whether a purported offer to settle a debt for a reduced sum was accepted before it was revoked. The case’s rulings were appealed and reversed by the Court of Appeals. The Texas Supreme Court reversed and rendered judgment in our client’s favor in January 2022.. [less]Business LitigationRepresenting plaintiffs in a suit seeking more than $150 MM for breach of contract, breach of trust, fraudulent transfer and promissory estoppel. U.S. District Court for the Southern [more]Representing plaintiffs in a suit seeking more than $150 MM for breach of contract, breach of trust, fraudulent transfer and promissory estoppel. U.S. District Court for the Southern District of Texas (Houston Division). [less]Breach of ContractRepresented the defendant in a breach of retail installment contract case. Received a favorable jury verdict in favor of our client. Harris County Civil Court at Law No. 1. Breach of Fiduciary DutyRepresented the beneficiaries of an estate in a claim against the Trustee. Won a $30 MM jury verdict in our client’s favor. U.S. District [more]Represented the beneficiaries of an estate in a claim against the Trustee. Won a $30 MM jury verdict in our client’s favor. U.S. District Court for the Central District of California (Los Angeles Division). [less]Business LitigationRepresented plaintiffs involved in the maritime industry in a land fraud case near Corpus Christi, Texas. Obtained a $22 MM jury verdict [more]Represented plaintiffs involved in the maritime industry in a land fraud case near Corpus Christi, Texas. Obtained a $22 MM jury verdict in favor of the client. 36th District Court of San Patricio County, Texas. [less]Business LitigationRepresented a manufacturing company in a $200 MM suit for breach of distributorship agreement. The judgment for our client was upheld on appeal. U.S. District Court for the [more]Represented a manufacturing company in a $200 MM suit for breach of distributorship agreement. The judgment for our client was upheld on appeal. U.S. District Court for the Southern District of Texas (Houston Division) and Court of Appeals for Fifth Circuit. [less]Business LitigationRepresented the Judgment Creditor in the collection of a judgment. Our team seized assets, obtained TRO precluding the judgment creditor from moving any assets and collected [more]Represented the Judgment Creditor in the collection of a judgment. Our team seized assets, obtained TRO precluding the judgment creditor from moving any assets and collected the full amount of judgment. 281st District Court of Harris County, Texas. [less]Construction LitigationRepresented a refinery owner in a suit against a contractor to recover property damages and lost profits due to a fire at a refinery. Settled. [more]Represented a refinery owner in a suit against a contractor to recover property damages and lost profits due to a fire at a refinery. Settled. U.S. District Court for the Southern District of Texas (Houston Division). [less]Construction LitigationRepresented a construction company in a suit brought by a contractor against the owner for failure to obtain builders’ risk insurance for a horizontal directional drilling project. [more]Represented a construction company in a suit brought by a contractor against the owner for failure to obtain builders’ risk insurance for a horizontal directional drilling project. Settled with payment to our client. U.S. District Court for the District of South Carolina (Charleston Division). [less]Employment LawRepresented a software company whose President and CEO claimed the company terminated her without cause and she was entitled to severance under an employment [more]Represented a software company whose President and CEO claimed the company terminated her without cause and she was entitled to severance under an employment agreement and to have stock repurchased under an LLC Agreement. Received an arbitration award in favor of our client. AAA Arbitration. [less]Employment LawRepresented the North America division of a multinational oil and gas company in an FLSA overtime, fraud, quantum meruit and breach of contract suit. Received a partial [more]Represented the North America division of a multinational oil and gas company in an FLSA overtime, fraud, quantum meruit and breach of contract suit. Received a partial summary judgment for the client followed by a jury verdict and judgment. Affirmed on appeal. U.S. District Court for the Southern District of Texas (Houston Division). [less]Energy LitigationRepresented a manufacturer of blowout preventers (large, high-pressure valves used to control the flow of liquids and gases during well drilling operations), in a blowout case [more]Represented a manufacturer of blowout preventers (large, high-pressure valves used to control the flow of liquids and gases during well drilling operations), in a blowout case seeking $189 MM in damages. Settled. 15th Judicial District Court of Vermillion Parish. [less]Energy LitigationRepresented the manufacturer and designer of a jack up drilling vessel in a suit by the owner of the vessel arising out of the collapse of two legs of the vessel during jacking [more]Represented the manufacturer and designer of a jack up drilling vessel in a suit by the owner of the vessel arising out of the collapse of two legs of the vessel during jacking operations offshore Louisiana. Settled. Also represented insured in a subsequent dispute with insurer. Settled. U. S. District Court for the Eastern District of Louisiana (New Orleans Division). [less]Fraudulent TransferRepresented a large oil and gas company and the shareholders of a debtor in an adversary proceeding alleging fraudulent transfer, alter ego and piercing the corporate veil. Received [more]Represented a large oil and gas company and the shareholders of a debtor in an adversary proceeding alleging fraudulent transfer, alter ego and piercing the corporate veil. Received a favorable judgment for the client after a bench trial. U.S. Bankruptcy Court for the Southern District of Texas (Corpus Christi Division).
Also represented the oil and gas company in related suits, including a garnishment trial that was later affirmed on appeal. [less]Intellectual PropertyRepresented a client in a suit for theft of trade secrets and unfair competition against a steel company. Case was dismissed with no payment or restrictions on the defendant. [more]Represented a client in a suit for theft of trade secrets and unfair competition against a steel company. Case was dismissed with no payment or restrictions on the defendant. U.S. District Court for the Southern District of Texas (Houston Division). [less]Labor LawRepresented a brand of fuel stations as the defendant in a case asserting unfair labor practices in connection with the reduction of force and union election. After a three-week [more]Represented a brand of fuel stations as the defendant in a case asserting unfair labor practices in connection with the reduction of force and union election. After a three-week trial before an administrative law judge, a judgment was rendered for our client with respect to the reduction of force issues and against our client with respect to the election. National Labor Relations Board. [less]
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