Kenneth R. Wynne
Ken Wynne practiced with Bracewell & Patterson from 1967 until 1991 when he began his own law firm. He has concentrated his practice on complex commercial litigation including contracts, business associations, securities laws claims, officer and director and lender liability, stockholder rights, employment rights, intellectual property, real estate and construction, oil and gas, DTPA, insurance, bankruptcy and tax. Mr. Wynne has successfully tried significant, complex cases for over 40 years. A number of his clients were former opposing parties who wanted Mr. Wynne on their side. Mr. Wynne is married and has five children.
- 1967 – J.D., The University of Texas School of Law
- 1965 – B.A., English, Rice University
Mr. Wynne is admitted to practice in all courts in the State of Texas, United States District Courts for the Southern, Western, Eastern, and Northern Districts of Texas, United States Tax Court, United States Courts of Appeals for the Fifth and Federal Circuits, Bankruptcy Court for the Southern District of Texas, and the United States Supreme Court.
Mr. Wynne is a member of the Houston and Texas Bar Associations, the American Trial Lawyers Association, the Houston (former Chairman) and Texas Bar Foundations.
- Presbyterian Elder
- Board of Trustees, Shad Williams Evangelistic Association
- Advisory Board Member, The Forge for Families
- Active Member, Christ Evangelical Presbyterian Church
- Former Director, Brazos Presbyterian Homes, Inc.
The following are selected litigations in which Mr. Wynne has had lead chair responsibility over the last several years. In the aggregate these cases include recoveries of over $230 million for clients as plaintiffs (or counter-claimants) and successful defenses against claims well exceeding $200 million.
- Cause No. 88-41202; Larry I. Fradkin, individually and on behalf of DLS Enterprises, Inc. vs. Jerold B. Katz, GC Services Limited Partnership, GC Financial Corp., and DLS Enterprises, Inc.; In the 333rd Judicial District Court of Harris County, Texas – Represented plaintiff minority stockholder in multi-million dollar claim against majority owner for stockholder oppression. Resulted in confidential recovery. Defendants were represented first by Fulbright & Jaworski and later by Richard B. Miller.
- C.A. No. H-91-0977; Dennis L. Shepherd vs. Yoneki Valve Co., Ltd. and Hiruta Co., Ltd., In the United States District Court for the Southern District of Texas, Houston Division – Defended Japanese manufacturer and distributor against U.S. licensee’s claim for breach of contract. Resulted in take nothing judgment against the plaintiff. Plaintiff was represented by Bonham, Carrington & Fox.
- C.A. No. 91-6311; Arriba, Limited, Bahamian Corp. vs. Petroleos Mexicanos; In the United States Court of Appeals for the Fifth Circuit – Defended Pemex, Mexico’s national oil company, in a several hundred million dollar suit by alleged joint venturer with the labor union of Pemex’s workers. Resulted in the plaintiffs’ claims being dismissed by the United States Court of Appeals for the Fifth Circuit. Plaintiff was represented by Susman & Godfrey and by John O’Quinn.
- Cause No. 92-018474; DCV, Inc. vs. Humble National Bank and Bayshore National Bank; In the 190th Judicial District Court of Harris County, Texas – Represented bank customer in suit for bank breach of duty in allowing an employee of plaintiff to convert plaintiff’s checks to cashier’s checks for his own benefit. Tried to a jury. Six figure judgment affirmed on appeal. Bank was represented by Andrews & Kurth.
- Cause No. 92-11628-B; AMR Information Services, Inc. vs. Marriott Information Services, Inc., Hilton RPS, Inc., and Brac RPS, Inc.; In the 44th Judicial District Court of Dallas County, Texas – Represented Marriott Corporation in suit over dissolution of joint venture with reservations unit of AMR Corporation (parent of American Airlines). Resulted in confidential settlement. AMR Corporation was represented by Fulbright & Jaworski.
- Cause No. 92-23904; Rathborne Properties, Inc., Caroline K. Walton, the J. Hunter Walton Trust (1979), Robert Norton, William A. Settoon, Jr., and John B. Elstrott vs. Enclean, Inc. Malcolm Waddell, and Timothy Tarrillion; In the 55th Judicial Court of Harris County, Texas – Represented plaintiff sellers of private corporation in multi-million dollar claim for securities fraud against purchasing public company and its management team . Resulted in confidential recovery in mediation. Defendants were represented by Gibbs & Bruns.
- C.A. No. H-92-546; Apex Municipal Fund, Inc. vs. N-Group Securities, Inc., et al; In the United States District Court for the Southern District of Texas, Houston Division – Represented T. Rowe Price as one of several plaintiffs (the others of whom were represented by other counsel) against several defendants for securities fraud in connection with a private placement of debentures. Tried to a jury for approximately two weeks. T. Rowe Price recovered a seven figure judgment. Target defendant was represented by Bracewell & Patterson.
- Cause No. 93-048142; Joel Mandel, Shirley Mandel, Barry Mandel, Cindy Kaplan, Marlene Siegman, C.B.M. Company, and K-M Investments Co. vs. Benson A. Selzer, John A. Selzer, Joseph Eiger, Michael A. Gibbs, Paul T. Hailey, Selzer Group, Inc., Transnational Capital Ventures, Inc., Bill M. Wooten, Bert Delawyer, DRS Industries, Inc., Bastian Holdings, Inc., Kabushi Investments, Ltd., Jungfrau Trust, and David Moorhouse; In the 295th Judicial District Court of Harris County, Texas – Represented plaintiff sellers of private corporation against private buyers in multi-million dollar claim for fraud. Resulted in confidential recovery in mediation. Defendants were represented by Vinson & Elkins.
- Cause No. 93-060958; Ramex Construction Co., Inc. vs. City of Houston, Texas; In the 333rd Judicial District Court of Harris County, Texas — Defended 3D/International, a designer/architect of the elevated ramp works at Hobby Airport in Houston, against claims of defective workmanship. Resulted in exonerating settlement.
- Cause No. 93-64427; 50299, Inc., M. Kay Crouch, Robert R. Simpson, Gerald E. Crouch, Lee Austin Fitzgerald and John D. Coffman vs. Ogden Corporation, et al; In the 113th Judicial District Court of Harris County, Texas – Represented promoter and former joint venturer with Ogden Corporation over failed development of a hazardous waste incineration facility on the Houston Ship Channel. Resulted in a confidential recovery. Defendants were represented by Ft. Worth firm and Vinson & Elkins.
- Cause No. 94-022559; The Red Lion, Inc. George Crowder, and Melba Crowder vs. National Commerce Bank and Robert Combs; In the 152nd Judicial District Court of Harris County, Texas – Represented well-known Houston restaurant and its owners in lender liability action against their principal bank lender. Resulted in confidential recovery in mediation. Bank was represented by Winstead, Maguire, Sechrest & Minick.
- Cause No. 94-06429; Services Dowell Schlumberger, S.A. vs. A Partnership of Canadian Triton International, Ltd. and Duferco International Trading, Ltd.; In the 281st Judicial District Court of Harris County, Texas — Defended international trading company in suit for breach of contract related to an oil and gas project in Iran. Resulted in referral to international arbitration (which was handled by New York and English counsel) and ultimate take nothing judgment in favor of client. Plaintiff was represented by Ware, Snow, Fogel & Jackson.
- Cause No 94-028141; Calvin, Gibbs & Verner vs. Dennis M. Dylewski John T. Johnson, and Johnson & Dylewski, A Professional Corporation; In the 113th District Court of Harris County, Texas – Represented law firm in suit against former partners for recovery of interests in contingent fee cases. Resulted in a confidential recovery.
- Case No. H-94-1258; Agar Corp. Inc. vs. Galram Technology Industries, Ltd.; In the United States District Court for the Southern District of Texas, Houston Division — Represented plaintiff in declaratory judgment action against an Israeli Government owned commercial entity established to exploit the technology of Rafael, the Israeli Government’s Armament Development Authority, involving a joint development agreement. Resulted in an exonerating settlement for Agar. Galram was represented by counsel from Washington, D.C.
- Cause No. 95-009523; Jose A. Gross vs. Andrew L. Farkas, Insignia Financial Group, Inc., Insignia Commercial Group, Inc., Metropolitan Asset Enhancement, Inc., Metropolitan Asset Enhancement, L.P., Metro Shelter Directives, Inc., MV, Inc., Metropolitan Acquisition Partners, L.P.’s IV, V and VI, Robin L. Farkas, Merril M. Halpern, John F. Jacques, Michael Lipstein, Thomas R. Shuler, Henry Horowitz and Michael Horowitz; In the 234th Judicial District Court of Harris County, Texas – Represented seller of private property management company in claim for fraud against the purchaser and related parties. Resulted in confidential recovery in mediation. Defendants were represented by Insignia Corporation’s New York counsel.
- Cause No. 95-024912; James T. Rash, et al vs. Waste Systems, Inc., et al; In the 269th Judicial District Court of Harris County, Texas – Represented minority stockholder and former president of the defendant against public corporation in multi-million dollar claim for minority stockholder oppression and breach of contract. Resulted in confidential recovery. Defendants were represented at different stages by Fulbright & Jaworski, Susman & Godfrey, and Kirk & Carrigan.
- Cause No. 95-45514; Environmental Resources Management Southwest, Inc. and Southwest Construction Managers, Inc. vs. Delta Environmental Consultants, Inc.; In the 133rd Judicial District Court of Harris County, Texas — Defended environmental consulting firm against suit brought by a competitor for unfair competition. Resulted in exonerating settlement. Plaintiff was represented by Crain, Caton & James.
- Cause No. 95-47060; James D. Alexander, Roger Crooks and Bodcan International, Inc. vs. Duferco Energy Group, Inc., et al; In the 127th Judicial District Court of Harris County, Texas — Defended energy subsidiary of international trading company against claims of purported joint venturers involving a proposed electrical power and water development project in Anguilla. Resulted in a confidential settlement. Plaintiffs were represented by Clements, O’Neill, Pierce & Nickens and Doyle, Restrepo, Harvin & Robbins.
- C.V. H-95-415; Fugro Environmental, Inc. vs. 3D International, Inc., 3D Environmental, Inc., Norm Environmental Services Company d/b/a 3D/Environmental, Charles B. Thomsen, Charles Franklin Gurney and John H. Murph; In the United States District Court for the Southern District of Texas, Houston Division — Defended 3D/International, Inc., its affiliates and principal officers against claim of copyright infringement. Resulted in an exonerating settlement for the defendants. Fugro was represented by Baker & Botts.
- C.A. No. 4:95-CV-48; Aerovias de Mexico, S.A., de C.V. d/b/a Aeromexico vs. Gerardo de Prevoisin and GP Investment, Inc., In the United States District Court for the Eastern District of Texas, Sherman Division. The firm represented the organizer and leader of Aeromexico’s privatization under the Salinas administration, who also served as its chairman and chief executive officer, against RICO and other claims brought against him seeking recovery of over $75 million. Following cross-border discovery, the action was dismissed on jurisdictional grounds. The dismissal was affirmed by the Fifth Circuit Court of Appeals, and certiorari was denied by the United States Supreme Court. Opposing counsel was Burt Barr & Associates, L.L.P.
- Cause No. 96-28224; James H. Kelly and Norman L. Sussman vs. Damion Wicker, et al; In the 164th Judicial District Court of Harris County, Texas – Defended Lloyd Bentsen, III in suit over alleged mismanagement and mistreatment of minority shareholders of biotech firm. Exonerating settlement reached in mediation.
- C.A. No. H-96-1770; OEDC Exploration & Production, L.P. and CSA Financial Services, Inc. vs. Aquila Energy Corporation f/k/a PSI, Inc. and Utilicorp United, Inc.; In the United States District Court for the Southern District of Texas, Houston Division – Represented the plaintiff against energy subsidiary of Kansas’ principal utility for misappropriation of oil and gas reserves in the Gulf of Mexico. Resulted in confidential recovery in mediation. Defendants were represented by Brown, Parker & Leahy.
- NASD Arbitration Number 97-01899; Michael L. Stanwood and Roberta Stanwood v. Merrill Lynch – Represented investors in arbitration claim against brokerage house for mishandling a retail securities account. Resulted in confidential recovery. Defendant was represented by Fulbright & Jaworski.
- Cause No. 97-03893; Peron W. Einkauf vs. Solvay, S.A., Solvay America, Solvay Polymers, Inc. and Solvay Management Services, Inc.; In the 127th Judicial District Court of Harris County, Texas — Defended employer against claim of former employee for breach of his employment contract. Resulted in exonerating settlement.
- Cause No. 97-07163; Western Atlas International, Inc. vs. TFC Exploration, Inc.; In the 125th Judicial District Court of Harris County, Texas – Represented the plaintiff against Western Atlas in claim for misappropriation of seismic data. Resulted in confidential recovery. Defendants were represented by Susman Godfrey.
- C.A. No. H-97-3842; Eric Baron and Edward C. Allen, On Behalf of Themselves and Al Others Similarly Situated vs. David B. Strassner, Douglas H. Kiesewetter, David R. Albin, Natural Gas Partners, L.P., David Garcia, John J. Myers, Offshore Energy Development Corporation, Morgan Keegan & Company, Inc. and Principal Financial Securities, Inc.; In the United States District Court for the Southern District of Texas, Houston Division and C.A. No. H-98-0364; John W. Robertson, Joyce Berk, Kregg Berk and Rodney Bernat, On Behalf of Themselves and All Others Similarly Situated vs. David B. Strassner, Douglas H. Kiesewetter, David R. Albin, Natural Gas Partners, L.P., and Offshore Energy Development Corporation; In the United States District Court for the Southern District of Texas, Houston Division – Defended the issuing corporation and its founding management in claims of securities fraud arising out of initial public offering. Resulted in a confidential settlement, at no direct cost to the company or its management. Plaintiffs were represented by Milberg Weiss.
- Cause No. 98-31830; Nationwide Staffing, Inc. vs. Donaldson, Lufkin & Jenrette, Inc., Donald, Lufkin & Jenrette Securities Corporation, DLJ Capital Corporation and Julie Silcock and Donal Orr; In the 234th Judicial District Court of Harris County, Texas – Represented the plaintiff, a proposed roll-up IPO candidate, on claim against the proposed underwriter for breach of contract and fraud. Resulted in confidential recovery in mediation. Defendants were represented by Jenkens & Gilchrist.
- Cause No. 98-50965; Fleet National Bank, Trustee, vs. Julie Manning a/k/a Julie Gary, Catherine Gary a/k/a Catherine Garry and Chase Bank of Texas, N.A., successor in interest to Texas Commerce Bank, N.A.; In the 80th Judicial District Court of Harris County, Texas – Represented the plaintiff in suit against Chase Bank involving a bank customer’s conversion of trust proceeds. Resulted in confidential recovery. Chase Bank was represented by in house counsel.
- Civil Action File No. 1999CV15635; Jacoby Lindbergh Properties, LLC vs. Wachovia Bank of Georgia, N.A. The Finger Companies, Inc. and Finvest Lindbergh, LLC; In the Superior Court of Fulton County, State of Georgia. – Defended a Finger Companies development partnership against an erstwhile competitor and prosecuted a cross-claim against Atlanta bank for breach of duty incident to Finger Companies’ purchase of a development site. Resulted in confidential settlement. Wachovia was represented by Atlanta counsel.
- C.A. No. H-99-2886; York Agency, Inc. and The York Group, Inc. vs. Allianz Life Insurance Company of North America; In the United States District Court for the Southern District of Texas, Houston Division – Represented publicly held manufacturer of funeral products and its insurance agency affiliate against joint venture insurance provider on multi million dollar claim for breach of contract and tortious interference. Resulted in confidential recovery. Defendant was represented by Minnesota counsel.
- Cause No. 2000-02591; Brandon C. Coleman, Jr. vs. Grizzard Advertising Incorporated and Michael D. Dzvonik; In the 269th Judicial District Court of Harris County, Texas – Represented seller of private business in multi-million claim against purchaser for breach of contract and fraud. Resulted in confidential recovery. Defendants were represented by Baker & Botts.
- Cause No. 2000-08294; SCI Executive Services, Inc. and Service Corporation International vs. Glenn G. McMillen and Jack L. Stoner; In the 334th Judicial District Court of Harris County, Texas — Represented two former senior executives of SCI in seven figure claims arising from the terminations of their employments. Resulted in confidential recoveries. The SCI entities were represented by Bracewell & Patterson.
- Cause No. 273,689-402; Estate of Albert B. Alkek, Deceased / Franklin Alkek, et al vs. Margaret Alkek, et al; In the Probate Court Number One of Harris County, Texas — Represented decedent’s son in multi-million dollar claim for deprivation of inheritance expectation against other beneficiaries and estate representatives. Resulted in confidential recovery. Defendants were represented by Andrews & Kurth and Woodard, Hall & Primm.
- Cause No. 392-39474-HCA-11; First City Bancorporation of Texas, Inc., In the United States Bankruptcy Court for the Northern District of Texas, Dallas Division – Engaged and testified as an expert witness for the FDIC as to the reasonableness of a settlement of First City Bancorporation’s claims against the FDIC arising out of First City National Bank’s closure by the Office of the Comptroller of the Currency. The settlement was approved. Parties opposing the settlement were represented by Andrews & Kurth.
- Cause No. 14-98-01274-CV; Anderson Greenwood & Co. vs. Warner G. Martin, et al; In the Court of Appeals for the Fourteenth Court of Appeals, Houston, Texas — Defended several family owned businesses and family members against a multi-million dollar claim for alleged fraud, misappropriation of trade secrets and multiple other claims. Tried to a jury for approximately eight weeks. The verdict and judgment exonerated the defendants and awarded the defendants a six figure recovery on their counterclaim against the plaintiffs. Affirmed on appeal. Writ denied by the Texas Supreme Court. Judgment in favor of clients was paid in full. Plaintiffs were represented by Locke, Liddell & Sapp.
- Cause No.1999-11839, EQR-Watson General Partnership v. Finger Construction Company, et al. In the District Court of Harris County, Texas,157th Judicial District — Defended owner and builder against multi-million claim for alleged construction defects and breach of warranties. Resulted in confidential settlement with nominal direct cost to clients.
- Cause No. 2000-34687, Buffalo/Alabama Apartments, Ltd. and Femco, Inc. d/b/a The Finger Companies v. Shepard Crane and Associates, Satterfield & Pontikes Construction, Inc. and Pioneer Concrete of Texas, Inc. In the District Court of Harris County, Texas, 269th Judicial District * Represented owner and developer on claims against design professional, general contractor and concrete supplier on variety of design and construction related claims. Resulted in confidential recovery.
- Civil Action No. H-03-805, Buffalo/Alabama Apartments, Ltd. v. Steadfast Insurance Company, In the United States District Court for the Southern District of Texas, Houston Division (referred to arbitration). Related claim against design professional’s excess insurer. Arbitration hearing was tried to conclusion and to an award to Buffalo/Alabama of almost $5 million. Opposing counsel was Meckler Bulger & Tilson from Chicago.
- Master File No. H-99-2183, In re Waste Management, Inc., Class Action, In the United States District Court for the Southern District of Texas, Houston Division — Defended a former officer of Waste Management, Inc. in class and related securities fraud actions and SEC investigation. Judicial actions resulted in dismissals and settlements with no liability to the client. SEC investigation terminated without action against the client.
- Civil Action No. H01-0639, Pinnacle Pigging Systems, Inc. and Robert C. Watts v. Eliminator pigging Systems USA, Inc. and Robert Brown, In the United States District Court for the Southern District of Texas, Houston Division – Defended manufacturer and owner against patent and trademark infringement claims. Resulted in take nothing summary judgment in favor of clients. Affirmed on appeal to the Federal Circuit.
- Cause No. 2000-36180, Alan S. Finger, As Trustee of the Aaron L. Finger Trust and the Dora T. Finger Trust vs. Sammy P. Finger, Bobby Finger, Finger Furniture Company, Inc., A.L. and S.P. Finger Partnership, Cullen & Freeway Partnership, Finger Leasing Company Partnership, Finger Interests Partnership, and Furniture Clearance Center. In the District Court of Harris County Texas, 127th Judicial District. Represented a partial owner of private company against controlling owners on a variety of claims. Resulted in confidential recovery for client. Defendants were represented by Akin, Gump, and Gibbs & Bruns.
- Becher, et al v. Shell Oil Company and Equilon Enterprises, L.L.C., Case No. IP97-1422 C M/S in the United States District Court for the Southern District of Indiana, Indianapolis Division. Engaged by a post-litigation Special Review Committee of Equilon Enterprises, L.L.C. (“Equilon”), a Shell Oil Company joint venture, to investigate and advise the Committee regarding Equilon and Shell’s experience in the referenced litigation.
- Civil Action No. H-01-266, Texas First National Bank v. Kenneth Wu, et al, in the United States District Court for the Southern District of Texas. Defended several directors and minority shareholders against a claim for $30 million in damages and recission based on allegations of federal securities fraud, breach of fiduciary duty and conspiracy related to a rights offering of securities by a Taiwanese-oriented bank. Tried to a jury for six days. Resulted in totally exonerating verdict and judgment for the defendants.
- In the Matter of the Arbitration Between John T. Wright, Claimant and Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Respondent, NASD Arbitration No. 01-04713. Represented retail brokerage customer for damages from alleged regulatory and common law violations by brokerage firm. The matter was arbitrated for approximately one week and resulted in a six figure recovery for the client. Merrill Lynch was represented by Jenkens & Gilchrist.
- Cause No. 2003-51827, Magi International, Inc., M/W Vero, Ltd., Market In Kingwood Partners, Ltd., PSL, Ltd., Magi International Partners, Ltd., Magi Florida partners, Ltd. and John W. Mecom, Jr. v. John C. West, Magi International Management Company and Magi International Development Company, In the District Court of Harris County, Texas 151st Judicial District. Represented John C. West as defendant and counter and third party plaintiff in a business divorce involving numerous income-producing real estate properties in Texas and Florida. Resulted in a high six figure recovery in a mediated settlement. Plaintiffs and counter and third party defendants were represented by Haynes and Boone, L.L.P.
- No. 2003-54162 Timothy Taylor Stephens v. Plains Exploration & Production Company, In the District Court of Harris County, Texas, 127th Judicial District. Represented former general counsel of public company for recovery on employment-related claims. Resulted in confidential recovery. The defendant was represented by Mandell & Wright.
- Cause No. 2002-08867 3D/International, Inc. v. The City of Houston, Texas. In the District Court of Harris County, Texas, 61st Judicial District. Represented construction manager for recovery of fees on renovation of downtown office building. Resulted in confidential recovery for client.
- Represented a major Houston law firm in eight separate cases brought in the aggregate by several hundred investors in a group of entities that the Houston law firm had represented. The claims exceeded $100 million. The Wynne Law Firm successfully moved to consolidate several of the cases administratively and then removed all the cases to federal court where a settlement was achieved without cost to the clients. The firm also represented the law firm in a related declaratory judgment action by which its insurer sought to avoid coverage.
- NASD Arbitration Case No. 03-07075; Mohammad Athari, M.D., Individually, and as Custodian of the Accounts of his Children vs. UBS Financial Services Inc., Ahmad Fakhr and Ali M. Fahr. Represented the Claimant against brokerage house and individual brokers for alleged violation of rules on suitability and knowing the customer. Resulted in confidential recovery in mediation. Defendants were represented by Nickens Keeton Lawless Farrell & Flack L.L.P.
- Cause No. 2004-29637; T. Rowe Price Balanced Fund, Inc., et al vs Service Corporation International, et al; In the 270th Judicial District Court of Harris County, Texas. Represented several T. Rowe Price funds and trusts against Service Corporation International and three of its directors and officers for alleged violations of the Texas Securities Act and related claims, including common law fraud, that caused a sudden decline in the public market price of Service Corporation International’s common stock from which the T. Rowe Price plaintiffs suffered in excess of $32 million in damages. Resulted in a confidential settlement recovery. The defendants were represented by Bracewell & Patterson, L.L.P.
- Cause No. 2004-55547; Texas First National Bank and Henry Wu v. Kenneth Wu, et al.; In the 129th Judicial District Court, Harris County, Texas – consolidated with – Cause No. 2004-65604; Henry Wu vs Carol Chiu, et al, In the 129th Judicial District Court, Harris County, Texas * Defended minority owners and directors of the Bank against claims by the Bank and its Chairman of wrongful takeover attempts, fraud, breach of contract, violations of the Change in Bank Control Act and an assortment of other theories. The cases were first removed to federal court where the federal claims were dismissed. The remaining state law claims were remanded to state court. The plaintiffs’ application for temporary injunction was tried for a total of six days and was denied. The Bank’s pleadings were stricken. The Chairman then non-suited his individual claims. Opposing counsel included John O’Quinn and Haynes and Boone LLP.
- Case No. 2003-34662; Kenneth Wu, et al vs Henry Wu, et al; In the 129th Judicial District Court of Harris County, Texas. Represented directors of the Bank against the Bank and other of its board members for recovery of costs, including attorneys fees, incurred in defending the related litigation brought by the Bank at those other directors’ initiative. Resulted in seven figure recovery.
- Cause No. 467704-A; Larry F. Robb, Individually and in behalf of a Class of Minority Shareholders of 3CI Complete Compliance Corp., et al vs. Stericycle, Inc., et al, in the First Judicial District Court of Caddo Parish, Louisiana represented a class of minority shareholders in a medical waste management company against the majority parent alleging several theories of action that primarily included minority shareholder oppression. After almost four years of intense litigation, jurisdictional and legal challenges, related but diversionary suits in Harris County, removal to federal court and remand, hundreds of thousands of pages of documents produced, many of which required court orders, approximately forty oral depositions in locations across the country, thirteen motions to compel and for sanctions, awards of a total of $230,000 in monetary sanctions and ultimately an order prohibiting the defendants from offering affirmative evidence in support of their defenses, the case settled in November, 2005 for $32,500,000 in cash. The Wynne Law Firm was awarded a fee of $10,833,333.00 and reimbursement of its several hundred thousand dollars in expenses. The defendants were represented by Kirkland & Ellis from Chicago and by a local firm in Shreveport.
- Civil Action No. 98-4897, Saudi Basic Industries Corporation v. ExxonMobil Corporation, in the United States District Court for the District of New Jersey; No. 02-2130 ExxonMobil Corporation, Exxon Chemical Arabia Inc., and Mobil Yanbu Petrochemical Company Inc. v. Saudi Basic Industries Corporation, in the United States Court of Appeals for the Third Circuit; C. A. No. 04-4900, ExxonMobil Corporation v. Saudi Basic Industries Corporation, in the United States District Court for the District of New Jersey; No. 05-155, Saudi Basic Industries Corporation v. Mobil Yanbu Petrochemical Company, Inc. and Exxon Chemical Arabia, Inc., in the Supreme Court of the United States. As part of a team of lawyers, represented Saudi Basic Industries Corporation (SABIC), Saudi Arabia’s partially Kingdom-owned major petrochemical producer operating downstream from Saudi Aramco, in a series of lawsuits involving disputes with SABIC’s primary joint venture partner, ExxonMobil, over patent and trade secret rights to catalyst technology and financial accounting for their joint ventures’ distributions. The team of which The Wynne Law Firm was a part replaced former counsel under whose representation SABIC had suffered a disastrous adverse judgment in Delaware state court and was in precarious positions in related federal court litigation in New Jersey. These complex matters were ultimately resolved through a confidential settlement. Primary opposing counsel was Weil, Gotshal and Manges.
- No. 2001-12081, Division N, Rathborne Properties, LLC, et al v. ExxonMobil Corporation, et al, in the Civil District Court for the Parish of Orleans. Together with co-counsel from New Orleans, represented New Orleans land-owner as plaintiff against over fifty defendants, including essentially all of the major oil companies in the United States, for allegedly contaminating over 70 acres of land adjacent to the Harvey Canal with Naturally Occurring Radioactive Material (NORM). Damages were claimed in excess of one hundred million dollars. After seven years of litigation, punctuated by delays from Hurricane Katrina, significant confidential settlements were eventually reached with all defendants. Among other consideration, provisions were made for full remediation of the affected property. Opposing counsel included almost all of the recognizable law firms in New Orleans.
- No. 2008-20482, Carol Brymm v. Clint Johnson, in the District Court of Harris County, Texas, 125th Judicial District. Represented defendant and counter-claimant in suit over the dissolution of a lawyer placement firm. At issue were the viability of a signed Dissolution Agreement and entitlement to future fees from placements of lawyers. Mediation led to an agreement to arbitrate the issues in dispute, and the matter was arbitrated before Judge Alvin Zimmerman. The arbitration ruling found substantially for the defendant and counter-claimant regarding both of the major issues. Opposing counsel was first Patterson & Young LLP and later (for the arbitration hearing) Abraham, Watkins, Nichols, Sorrels & Friend.
- No. 2007-38989, Associated Construction Company WLL v. KBR, Inc. et al, in the District Court of Harris County, Texas 281st Judicial District. Represented the plaintiff, a Kuwaiti engineering and construction firm, on a breach of contract claim related to a subcontract to supply containerized housing units to support US Army personnel involved in the 2003 invasion of Iraq. The case was tried to a jury for eight days and resulted in a unanimous verdict in favor of the plaintiff on all issues for just under $40 million. The trial court disregarded a portion of the jury’s answers on damages and entered Final Judgment for just over $27.5 million. Opposing counsel was Bracewell & Giuliani, LLP.
- Cause No. 2009-73292; Jorge Gonzalez vs. [Lawyers and law firm]; In the 190th Judicial District Court of Harris County, Texas Represented Plaintiff on multi-million dollar claims of alleged legal malpractice for Defendants alleged failure to identify and timely pursue products liability claims arising out of an automobile collision involving a vehicle rollover. Confidential settlements reached in part through mediation. Defendants counsel were, respectively, Cruse, Scott, Henderson & Allen, LLP and Wilson, Elser, Moskowitz, Edelman & Dicker LLP.
- Cause No. 2010-02015; Lucy Lee Hale and Carey Keene West III, Trustee vs. Merrill Lynch Trust Company of Texas, ML Life Agency, Inc. and Richard Wuensch; in the 55th Judicial District Court of Harris County, Texas Represented Plaintiffs on multi-million dollar claims against the Merrill Lynch defendants arising out of estate planning advice and related trust and insurance structuring and against lawyer and law firm on claims of legal malpractice. Confidential settlement reached in mediation. Merrill Lynch Defendants were represented by Hunton & Williams LLP. Lawyer defendants were represented by Henslee Schwartz, LLP.
- Represented Shearson Lehman Bros. in action brought against it in federal court in Dallas by the FDIC, arising out of the failure of Guardian Savings & Loan Association. Resulted in confidential settlement. The FDIC was represented primarily by Washington, D.C. counsel.
- Represented Citibank in lender liability action brought against it in state court in Dallas by major borrower. Resulted in substantial recovery by Citibank. The borrower was represented by Figari & Davenport.
- Represented Citibank in lender liability actions brought against it and other banks in federal court and bankruptcy court in Dallas by the Hunt Brothers, Placid Oil Company and Penrod Drilling Company. Resulted in nine figure recovery by Citibank. The Hunt Brothers and their entities were represented by Susman & Godfrey.
- Cause No. 09-08-0809; Gulf Energy Exploration Corporation vs Railroad Commission of Texas and Superior Energy Services, LLC; In the 135th Judicial District of Calhoun County, Texas * Represented the plaintiff in its claims for negligence and breach of contract arising from the plugging and abandoning of an *orphan* well in state waters of the Gulf of Mexico offshore Calhoun County, Texas. The case was tried to a jury for ten trial days and resulted in a unanimous verdict for the plaintiff in the amount of $8,200,000.00. The Attorney General’s Office represented the Railroad Commission of Texas. Crady, Jewett and McCulley, LLP represented Superior Energy Services, LLC.
- Baptist University v. Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Hilda Solis, Secretary of the United States Department of Labor, United States Department of Labor, Timothy Geithner, Secretary of the United States Department of the Treasury, and United States Department of the Treasury, in the United States District Court for the Southern District of Texas, Houston Division. Represented Westminster Theological Seminary as Plaintiff/Intervenor in an action to enjoin enforcement of the regulatory mandate under the Affordable Care Act that required the Seminary to provide health insurance for its employees that covered drugs and devices that the Seminary believes cause abortions. The District Court granted summary judgment that the regulatory mandate violated the Seminary’s rights under the Religious Freedom Restoration Act and permanently enjoined the government from enforcing the mandate against the Seminary. Reported at 988 F.Supp.2d 743. The Department of Justice represented the defendant cabinet secretaries and their departments.
- No. 01-12-01087-CV in the Court of Appeals for the 1st District of Texas. Represented the appellants in both the underlying matter and the appeal regarding their opposition to a settlement of an action brought by the guardian for their incapacitated father. The matter was tried to the probate court over several days, resulting in that court’s approving the settlement, but the appellate court reversed and remanded for trial.