Disputes are inevitable in life and in business. The paths to the resolution of disputes, however, vary widely. Sometimes, you need a zealous and well-prepared advocate in the arena (i.e. courtroom or arbitration) fighting to persuade the decision-maker(s) of the rightness of your position. Other times, you need a wise and prudent counselor in your corner advising you on the steps to take to negotiate or otherwise settle the dispute. Most of the time, you need both. This combination is John’s forte. His 36 years of dispute resolution experience—from the courtroom, arbitrations, and mediations to pretrial negotiations and claim assessments—will help you forge a path to a favorable resolution of your dispute. Ingrained in this process is a cost-benefit analysis at the inception of the dispute and periodically as the matter progresses. Most would agree that it does not make sense to spend the same amount of money on legal fees and expenses over many months or years to “prevail” in a dispute if it could have been resolved at the outset for the same amount or perhaps less by settlement or otherwise. Yet, this is where many litigants, unfortunately, find themselves, and that process detracts from the company’s ability to concentrate its resources (both financial and human) on earning profits. That is why you need a trustworthy and prudent counselor in your corner, helping you make the very best decisions along the way toward an effective resolution. This process will also provide you with peace of mind that you not only understand and are on board with the legal strategy but also that your legal matter is in good hands and that the approved strategy is being vigorously pursued. John knows keenly that for this process to work, frequent communication between the lawyer and the client is imperative. The client and lawyer must be on the same page of the playbook each step of the way. No one enjoys disputes – but with a loyal counselor and skilled and experienced advocate on your side, you will feel in control, and you will be on your way to an acceptable, and most likely, highly favorable resolution. John would like to help you resolve your dispute in this manner.

John has practiced Civil Litigation for all of his 36-year career. He can effectively handle all adversarial civil proceedings whether in court (federal or state), arbitration, mediation (or other forms of ADR). He has handled as first chair counsel scores of jury trials, non-jury trials, and arbitrations in complex and high- value disputes. In developing cases or defending them, John has taken several hundred depositions of lay and expert witnesses. He has also mediated and negotiated settlements of hundreds of claims and disputes. John was board-certified in Civil Trial Law by the Texas Board of Legal Specialization from 1993 to 2018.

John has litigated disputes arising from all types of contracts from Purchase and Sale Agreements to Joint Operating Agreements. He does not draft contracts for transactions, but he can provide key insight and practical advice during that process on the inclusion and wording of important provisions and clauses that will minimize risk of adverse consequences and litigation such as forum selection clauses, indemnification, exculpation, insurance, limitations of liability, waivers, covenants, warranties, non-competition clauses and disclosures and representations. Also, if a dispute is looming, he can advise on the pros and cons of proceeding with a claim or litigation.

During his legal career, John has handled many, often complex, cases involving a company’s trade secrets and non-competition agreements with employees—having represented both employers and employees (as well as companies who hired departing employees.) These sorts of misappropriation of trade secrets and breach of fiduciary duties cases typically take a fast track in judicial, ancillary proceedings such as expedited hearings on applications for Temporary Restraining Orders (TROs), and for Temporary or Preliminary Injunctions, all of which he has done many times.

In addition to contracts, John handles all types of business-related disputes including those alleging breach of fiduciary duties of officers, directors, and/or employees, fraud, director and officer (D&O) malfeasance, tortious interference with contracts or business relationships, unfair competition, intellectual property rights and protection, shareholder rights, ownership rights, insurance claims, conveyances of property or business assets, confidentiality obligations, defamation, business disparagement, and the like.

Having practiced law in Houston, Texas for 36 years, including as a partner at the oil & gas boutique law firm of Watt, Beckworth, Thompson, Henneman & Sullivan, LLP for many years, John has considerable experience litigating all types of complex oil & pgas disputes. He has handled scores of oil & gas cases trying many of them to juries or arbitration panels. He has handled oil & gas disputes involving alleged breaches of joint operating agreements (JOAs), mineral development agreements (MDAs), oil & gas leases, accounting issues under COPAS, disputes arising under authorizations for expenditures (AFEs), alleged breaches of the reasonable and prudent operator standard, and the like.

John has handled many cases, on both sides of the docket, involving serious personal injuries and deaths from accidents, whether caused by automobiles, machinery, defective products, plant explosions, or other catastrophic incidents. He began his legal career at Fulbright & Jaworski LLP with a large personal injury docket, trying many cases to jury verdicts. John was board-certified in Personal Injury Trial Law by the Texas Board of Legal Specialization from 1993 to 2018. Although he focuses his practice on commercial and business disputes (75-80%), he still handles serious personal injury and wrongful death cases when the facts and evidence are available and compelling.

John has gained considerable experience over the many years of his varied litigation and dispute resolution practice advising Boards and Officers on appropriate corporate governance, including for fortune 500 companies, privately held companies and non-profits. Often, after large business cases are resolved by settlement, trial or arbitration, John has the opportunity to share important lessons learned with the Board and Officers who want to make improvements and minimize risk proactively. A corporate governance review can assist Boards and Officers in eliminating or reducing risks of lawsuits and liability by being proactive and making sure they have the proper processes in place.

Because of John’s breadth of experience in legal matters and disputes in particular, John enjoys providing counsel and advice to clients at the outset of any legal matter to guide clients toward the most prudent, judicious, cost-effective, and moral way to proceed. Unfortunately, most businesses and even individuals take a reactionary approach to legal disputes and often find themselves embroiled in glacial litigation that is very expensive—both in terms of financial and human resources of the business—without any viable exit ramp and with the unpredictability of the looming trial or arbitration hearing suggesting a game of Russian Roulette. John can help decision-makers avoid this. At the inception of the dispute, John can perform a cost-benefit analysis based upon all pertinent facts then known, and those anticipated to be discovered, the applicable law, the venue for the resolution of the dispute, and then apply his broad experience to the analysis. If the prospective matter is significant, he can present the analysis and pros and cons of litigation or a settlement strategy to the CEO and/or Board of Directors as necessary. In addition, because of his extensive contacts in the legal community, John can also recommend appropriate counsel who is a specialist in that subject matter to retain (if he determines that he is not the best fit for the matter or if he requires co-counsel), and he can also recommend experts depending upon the scope and nature of the matter.