Litigation

Litigation

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A lawsuit may be the biggest threat you face or the best way to defend your vital interests. Whatever the reason, achieving the most advantageous result is our prime consideration. Whether it's through litigation, mediation, arbitration, or other means of alternative dispute resolution, we pursue the legal solutions that meet your business objectives. Porter Hedges litigators possess not only a wealth of experience—in and out of the courtroom—but also the ability, flexibility and commitment to protect our client’s vital interests and be cost-efficient at the same time.

Our trial lawyers have both the experience and resources to meet the complex litigation needs of large national and multi-national corporations, as well as those of small to mid-sized companies and individuals, from pre-litigation negotiation through appeal. Because we recognize that litigation may be a major cost challenge for our clients, we constantly monitor and assess the costs and benefits of litigation, and the prospects of settlement.

Porter Hedges represents public corporations, closely held businesses, financial institutions, energy industry clients, and many others in complex federal and state commercial litigation throughout the U.S. Our clients are leaders in numerous industries, including energy, chemicals, financial services, manufacturing, and technology.

While some defendants may consider settling as a prudent course of action, this may not always be the right decision. If careful and aggressive pretrial preparation cannot resolve the dispute, we are formidable advocates in court. Our trial lawyers use the most sophisticated trial management and presentation techniques available.

Our lawyers are experienced at preparing for any and all situations, at every step of the proceedings, even those that may arise on the eve of trial.

Clients want a formidable legal team for a strong defense, not simply an army of lawyers. Porter Hedges’ litigation teams are lean by design. In jurisdictions across the U.S. we have a reputation for vigorously advocating for our clients’ positions—a reputation that rivals some of the largest law firms in the country.

We handle every form of commercial dispute, including:

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News/Events+

News

03/08/17Thirteen Porter Hedges Attorneys Named Texas Rising Stars
01/23/17Porter Hedges Elects Five Partners for 2017
11/02/16DRI Elects Joe Cohen to the Board of Directors
11/01/16Porter Hedges Once Again Recognized by U.S. News & World Report and Best Lawyers "Best Law Firm" Rankings Among Leading National Firms
10/11/16Porter Hedges Grows Litigation and Arbitration Practices in Houston with Trial Lawyer Tom Bayko
09/06/16Twenty Porter Hedges Attorneys Selected by Texas Super Lawyers for 2016
08/15/16The Best Lawyers in America 2017 Recognizes Porter Hedges
03/04/16Fourteen Porter Hedges Attorneys Named Texas Rising Stars
11/02/15Porter Hedges Once Again Recognized by U.S. News & World Report and Best Lawyers "Best Law Firm" Rankings Among Leading National Firms
09/08/15Twenty-One Porter Hedges Partners Selected by Texas Super Lawyers for 2015
08/17/15Twenty-Two Porter Hedges Partners Listed in The Best Lawyers in America 2016
07/06/15Federal Circuit Reverses District Court Damages by $90M+ in Patent Litigation Suit Against ION Geophysical Corporation
05/19/15Chambers USA 2015 Guide Recognizes Porter Hedges Among the Country’s Leading Law Firms
03/06/15Eleven Porter Hedges Attorneys Named Texas Rising Stars
02/02/15Jeffrey R. Elkin Named as Litigation Practice Group Leader
01/26/15Porter Hedges Elects Six New Partners for 2015
11/05/14Porter Hedges Lawyers Named to Who’s Who Legal 2014
11/03/14Porter Hedges Once Again Recognized by U.S. News & World Report and Best Lawyers "Best Law Firm" Rankings Among Leading National Firms
10/30/14Porter Hedges Successfully Represents BHP Billiton in $45M+ Oil Deed Suit
09/05/14Nineteen Porter Hedges Partners Selected by Texas Super Lawyers for 2014
08/18/14Nineteen Porter Hedges Partners Recognized in Best Lawyers in America 2015
08/12/14Clay Steely Elected to Join the American Board of Trial Advocates
07/07/14Porter Hedges Grows Litigation Practice with New Partner Kyle C. Reeb
05/23/14Chambers USA Ranks Porter Hedges Among the Country’s Leading Law Firms in its 2014 Law Firm Rankings
03/07/14Nine Porter Hedges Attorneys Named Rising Stars
01/17/14Porter Hedges Elects Three New Partners for 2014
11/01/13Porter Hedges Recognized by U.S. News & World Report and Best Lawyers "Best Law Firm" Rankings Among Leading National Firms
10/31/13Porter Hedges Successfully Represents KBR in an International Arbitration Against a Kuwaiti Subcontractor
09/09/13Sixteen Porter Hedges Partners Selected by Texas Super Lawyers for 2013
08/16/13Nineteen Porter Hedges Partners Recognized in Best Lawyers in America 2014
07/22/13Porter Hedges Secures Anti-SLAPP Appellate Victory for Houston Better Business Bureau
05/24/13Porter Hedges Once Again Ranked by Chambers USA 2013 Among the Country’s Leading Law Firms
11/01/12Porter Hedges Received National and Local Recognition by U.S. News & World Report and Best Lawyers "Best Law Firm" Rankings
09/2012Porter Hedges' Partners selected by Super Lawyers Business Edition and Texas Super Lawyers for 2012
09/05/12Twenty-One Porter Hedges Attorneys Recognized in Best Lawyers in America 2013
06/08/12Texas Supreme Court Agrees with the IADC and Reverses and Renders Judgment Against Pharmaceutical Manufacturer in Suit Challenging the Learned Intermediary Doctrine in Centocor, Inc. v. Hamilton
03/09/12Eight Porter Hedges Attorneys Named Rising Stars
02/03/12Porter Hedges Successfully Represents Ryder Scott Company Before the Fifth Circuit in a Suit Alleging Fraud and Negligent Representation
01/23/12Porter Hedges Elects Two New Partners for 2012
11/28/11Prospect Capital Awarded Full Damages of $1.3 million in a Breach of Release Suit
07/12/11Porter Hedges Secures Significant Jury Trial Victory for KBR in Houston

Publications

05/05/17"A Refresher on Exceptions to the 'American Rule' In Texas," Law360
05/02/17Litigation Alert - "L.A. Lakers Story: When a Family Feud Disrupts the Family Business"
05/2017"A Roadmap to Recovering Attorneys' Fees the Next Time You Compel Arbitration," TerraLex Connections
04/04/17Business Litigation Alert: "The Risks of File Sharing Sites - Is using DropBox like leaving a document on a park bench?"
03/08/17"The New Rule 26:  Using Proportionality to the Defendant’s Benefit," The Voice
02/09/17Business Litigation Alert: "Will Texas Change the Recovery of Attorneys' Fees in 2017?"
02/02/17Business Litigation Alert: "Starting a New Business? Include These Five Provisions in Every Formation Agreement"
01/04/17Business Litigation Alert: "U.S. Supreme Court Upholds Broader Reach of Insider Trading Laws – What Does this Mean for Businesses?"
12/05/16Business Litigation Alert: "To Protect Yourself from a Business Divorce - Agree to a Prenup"
11/04/16Business Litigation Alert: "Lesson Learned from Wells Fargo - What Your Board of Directors Needs to Know"
10/04/16Business Litigation Alert: "SEC Launches Investigation Into Exxon's Accounting and Climate Change Practices"
09/07/16Business Litigation Alert: "When It's Time for the Next Generation to Take Over - Lessons from Viacom, Inc."
08/01/16Business Litigation Alert: "Business Lessons from the Database Hack of the Houston Astros"
06/15/16"Texas Supreme Court Update: Arbitration Review Under the Texas Arbitration Act - Are Common Law Grounds for Review Dead?"
06/01/16Business Litigation Alert: "The Panama Papers: Implications for Business"
05/02/16Business Litigation Alert: "Law Firms Victim to Data Breaches"
02/01/16Business Litigation Alert: "Will There Be a Jump in Cyber Attacks in 2016? Survey Says... Yes"
01/04/16Business Litigation Alert: "The Danger of Emails - A Cautionary Tale for the New Year"
12/01/15Business Litigation Alert: "Is Your Board of Directors Providing Sufficient Oversight for Cyber Attacks?"
11/03/15Business Litigation Alert: "Court Ruling Allows Whistleblower to Sue Board Members"
10/01/15Business Litigation Alert - "Fraud Alert: Even Lawyers Get Scammed"
09/01/15Business Litigation Alert: "Expanding Whistleblower Protection - Recent Senate Bill Represents Big Changes"
08/03/15Business Litigation Alert: "Worker Misclassification - Contractor vs. Employee"
07/01/15Business Litigation Alert: "Corporate Cyberbullying"
06/24/15"High Hurdles Remain for Texas Derivative Plaintiffs," Law360
06/02/15Business Litigation Alert: "Deflategate and Litigation - Lessons for Businesses"
05/04/15Business Litigation Alert: "The Blue Bell Recall - How to Effectively Handle a Very Public Crisis"
04/01/15Business Litigation Alert: "Could a 'Court of Chancery' be Coming to Texas?"
03/02/15Business Litigation Alert: "Read Before You Sign"
03/02/15Business Litigation Alert: "Legal Considerations During Massive and Quick Layoffs"
01/05/15Business Litigation Alert: "Know the Terms of the Investment Deal Before You Sign"
12/01/14Business Litigation Alert: "U.S. Supreme Court Set to Decide High Profile Whistleblower Case"
11/03/14Business Litigation Alert: "Protecting Employees from Ebola"
10/02/14Business Litigation Alert: "When Employees Turn Into 'Hackers'"
08/05/14Business Litigation Alert: "Cybersecurity Costs Rising: How will the Government Respond?"
07/28/14Business Litigation Alert: "What You Don't Keep Can Hurt You"
07/01/14Business Litigation Alert: "Texas Supreme Court Update - New Ruling Restrains Minority Shareholder Oppression Claims"
06/02/14Business Litigation Alert: "Unpaid Interns and Employee Rights"
05/02/14Business Litigation Alert: "Did They Really Do That?"
04/01/14Business Litigation Alert: "Did They Really Say That?"
03/03/14Business Litigation Alert: "Don’t Ignore the Forum-Selection Clause "
02/03/14Business Litigation Alert: "Avoiding a Business Scam"
01/06/14Business Litigation Alert: "2014 Hot Topics - What to Watch for in the New Year"
12/03/13Business Litigation Alert: "Affordable Care Act Compliance"
11/07/13Business Litigation Alert: "Economic Loss Rule of the Third Kind - Nothing New or Alien Concepts?"
11/01/13Business Litigation Alert: "The Increasing Cost of Cyber Crime"
10/30/13Litigation Alert: "OSHA's Launch of Web Resources to "Assist" Companies May Be Part of a Disturbing Trend"
10/08/13Business Litigation Alert: "Antitrust Enforcement is Alive and Well"
10/01/13Business Litigation Alert: "Fake On-Line Reviews Can Lead to Real Legal Trouble"
09/23/13“The New Horizontal Agreement and the Prospect of an Entirely New Form,” State Bar of Texas
09/03/13Business Litigation Alert: "Testing the Boundaries of the Foreign Corrupt Practices Act"
08/28/13Litigation Alert: "Steps to Avoid Parent Company Liability for Worker Injuries"
08/05/13“Post-Verdict Issues,” 2013 Harris County Civil Judicial Education Conference
08/01/13Business Litigation Alert: "Avoiding Estate Litigation: Preparation and Planning Can Prevent a Legal Mess"
07/01/13Business Litigation Alert: "Summer Help Could Lead to a Legal Mess"
06/03/13Business Litigation Alert: "Hurricane Season is Here – Is Your Business Ready?"
05/21/13Business Litigation Alert: "Texas Adopts the Uniform Trade Secrets Act"
05/01/13Business Litigation Alert: "Employers Beware - Understanding the Issues of Unpaid Interns"
04/01/13Business Litigation Alert: "How to Make it Work When Employees Work from Home"
03/01/13Business Litigation Alert: "Cybersecurity - Is There Insurance for That?"
02/01/13Business Litigation Alert: "Opting to 'Bring Your Own Device'"
Winter II 2013"How Do The Dodd-Frank Whistleblower Provisions Change Internal Investigation Protocols?" Corporate Counsel Section Newsletter
01/2013Business Litigation Alert: "Facebook Alert! - Social Media Sparks SEC Investigation"
12/17/12"3 Hot Topics For Business Litigators To Watch In 2013," Law360
12/03/12Business Litigation Alert: "2013 Hot Topics - What to Watch in the New Year"
11/26/12Business Litigation Alert: "DOJ and SEC Jointly Issue New Guidance on The Foreign Corrupt Practices Act (FCPA)
11/01/12Business Litigation Alert: "IP Theft Goes Internal"
10/01/12Business Litigation Alert: "Is Your Customer Data Secure?"
09/04/12Business Litigation Alert: "Sign on the Dotted Text?"
08/2012Business Litigation Alert: "Cease and Desist, Please"
07/02/12Business Litigation Alert - "The Risks and Opportunities of E-Discovery"
06/2012Business Litigation Alert: "Confidential Postings: What to do when your company information goes public"
05/2012Business Litigation Alert - "How Effective Are Your Business Detectives?"
04/2012Business Litigation Alert - "The JOBS Act Passes Congress: Changes Coming Soon to a Business Near You"
03/13/12Business Litigation Alert: "Victory for Texas Landowners: Supreme Court of Texas Rules that Land Ownership Includes an Interest in Groundwater"
03/2012Business Litigation Alert: "Crossing State Lines: When Your Business Enters New Territory"
02/2012Business Litigation Alert: "Survey Says: Americans Likely to Blow the Whistle"
01/2012Business Litigation Alert: "Cease and Desist, Please"
12/2011Business Litigation Alert: "The Year of the Enforcer"
11/2011Business Litigation Alert: "'Discovering'" Social Media"
10/2011Business Litigation Alert: "Social Media Ghost Stories"
09/2011C-Note:  "What Have You Done? - The Importance of Clearly Defining Your Services"
09/2011Business Litigation Alert: "Win, Lose, or Pay"
08/2011Business Litigation Alert: "It's 8 AM, Do You Know Where Your Employees Are?"
07/2011Business Litigation Alert: "Can You Hear the Whistle Blowing?"
09/02/09"Surface Damages in Texas: An Oil & Gas Litigator's Guide to Defending Surface Damage Claims," 22nd Annual Energy Law Institute, South Texas College of Law - Continuing Legal Education
2009"Surface Damages in Texas: An Oil & Gas Litigator's Guide to Defending Surface Damage Claims," Advanced Oil & Gas Short Course, University of Houston Law Foundation (Houston, TX - 02/09; Dallas, TX - 02/09; Austin, TX - 04/09)
2005-08"Current Ethical Issues for the Oil and Gas Lawyer," University of Houston Law Foundation - Advanced Oil and Gas Short Course
10/15/2007"Avoiding Contracts That Make You Sick" The Corporate Counselor
10/01/05"Dress Codes and Paper Trails"
02/11/05"Decision Proves It Pays To Get It In Writing and Believe What It Says," Houston Business Journal
11/11/04"Ethical Considerations and Malpractice Prevention in an Oil and Gas Practice," University of Texas 3rd Annual Gas & Power Institute
10/1/2004Don't Let Records Policy Be Used Against Firm in Litigation
1/1/2004Franchise Law Update, SMU Law Review
10/06/03"Tide of Investor Litigation May Be Turning in Favor of Wall Street," Houston Business Journal
08/11/03"Internal investigations raise wide range of issues," The National Law Journal
1/1/2003Franchise Law Update, SMU Law Review
12/16/02"So, You Want to Sue Your Broker...," Houston Business Journal
1/1/2002Franchise Law Update, SMU Law Review
10/26/2001Companies Prepare to Overcome Legal, Physical Effects of Disaster
7/31/2001Cybersmears: The Next Generation
07/20/01"E-mail, E-mail Discovery Offer Plentiful Grist for the Legal Mill," Houston Business Journal
2/2/2001Winning Principles Help Executives Survive Litigation

Articles

05/22/17"Texas Driller ‘Death Spiral’ Suit Against Investor Dismissed," Law360
11/02/16"Porter Hedges Partner Joseph Cohen Named National Director of DRI," The Texas Lawbook
10/24/16"Houston Trial Lawyer Tom Bayko Jumps to Porter Hedges," The Texas Lawbook
10/11/16"Porter Hedges Adds Cross-Border Energy Pro from McKool," Law360
08/02/16"Crude Oil Processing Co. Says Pipeline Co. Owes It $3.1M," Law360
06/17/16"Foreign Cos. Can Escape ERG Suit, Texas High Court Says," Law360
Jan-Mar 2016“Legal Issues in a Low Price Environment Examined,” Ryder Scott Reservoir Solutions Quarterly Newsletter
04/15/15"Law360 Names Attys Who Moved Up the Firm Ranks in Q1," Law360
02/04/15"Porter Hedges Appoints Jeffrey Elkin to Lead Litigation Practice," The Texas Lawbook
10/30/14"Devon Energy's Oil Deed Suit Stays Dead In Texas," Law360
07/09/14"Movers & Shakers," The Deal Pipeline
07/07/14"Porter Hedges Adds Hodgson Russ Litigation Partner," Law360
05/30/14"Porter Hedges Becomes Five-Time Member of Law Firm Challenge Club," South Texas College of Law, Houston
04/10/14"Law360 Names Attys Who Moved Up The Firm Ranks In Q1," Law360
03/24/14"New Texas Partners in 2014," Texas Lawyer
01/22/14"Porter Hedges Elects Three New Partners," The Texas Lawbook
10/15/13"PrinterOn Sues Competitor Over Cloud Printing Patents," Law360
10/07/13"5th Circ. Affirms Win For Prospect Energy In Contract Row," Law360
09/16/13"Catholic Health Strikes $220M Deal To End Affiliation Fight," Law360
07/24/13"Defamation Suits Face High Bar In Texas Anti-SLAPP Law," Law360
07/16/13"BBB Ducks Repair Company's Defamation Suit On Appeal," Law360
07/16/13"Porter Hedges Secures Anti-SLAPP Appellate Victory for Houston Better Business Bureau," TerraLex
07/12/13Porter Hedges Named Among Leading Labor & Employment Law Firms in Houston by the Houston Business Journal
03/12/13"5th Circ. Nixes Parker Drilling Investor's FCPA Suit," Law360
11/20/12"HP's $8.8B Accounting Scandal May Ensnare Deloitte, Others," Law360
09/25/12"DOJ Unlikely To Spend Scarce Time, Money On Olympus Case," Law360
07/27/12"Partners In Gulf Well Venture Patch Up Upgrade Dispute," Law360
07/19/12"Judge excludes expert testimony on patent royalties, finding it unreasonable," The National Law Journal
04/23/12"Tongues Wag Over Wal-Mart's Choice Of Greenberg Traurig," Law360
04/05/12"Oil Appraiser Ducks Fraud Claims Over $24M Investment," Law360
12/01/07"Seven Steps to Litigation Alleviation: How to Reduce the Possibility of Being Sued," Smart Business Houston
11/01/07"Know What You Sign: Avoiding Common Problems with Proper Drafting," Smart Business Houston
10/02/06"Hewlett Packard Crisis: Two Major Failings," The National Law Journal

Events

10/21/16"Ethics: What Do Arbitrators Owe the Process?" College of Commercial Arbitrators
06/05/14"Adverse Possession 101," South Texas College of Law Real Estate Conference
07/31/13“Relations with Outside Counsel,” Texas Bar CLE 12th Annual Advanced In-House CLE Course
05/30/13"Sleeping Through the Night: Tips for In-House Counsel on Executive Misconduct and FCPA Issues," Texas Lawyer In-House Counsel Roundtable
05/23/13“Where is ‘As Is, Where Is’ in Texas?  The Confusing State of Contract Disclaimers and Tort Claims in Texas,” Houston Bar Association Seminar Series
05/13/13“Warning! Slippery Experts Ahead: Tips for Dealing with the Professional (and less than forthcoming) Expert Witness,” IADC Webinar
11/13/12"How to Avoid the Litigation Trap," Dallas Chapter of the Society of Petroleum Evaluation Engineers (Keynote Speaker)
10/17/12“Where is ‘As Is, Where Is’ in Texas? Contract Disclaimers & Tort Claims in Texas,” Houston Bar Association Real Estate Law Section
10/03/12“Legal Issues in Communication,” National Oilwell Varco 2012 HSE Leadership Conference
08/29/12"The United Polychem Transaction: Lessons Learned," Westlake Chemical
06/14/12“The Accessibility, Impact, and Permanence of Electronic Communications,” NOV’s HSE Meeting
10/27/11"The Legal and the Practical - Updates on Issues Related to Preemption and Sales Representatives as Witnesses in Pharmaceutical Cases," DRI Annual Meeting
09/2011"Subpoenas to Shale Producers," 2011 Ryder Scott Reserve Conference (Keynote Speaker)
03/22/10Litigation CLE: "Trends in Jury Charges"
02/22/10Litigation CLE: "Cross Examination for Deposition and Trial"
02/11/10"Why Your Compliance Program Doesn't Work," Association of Corporate Counsel - Houston
08/17/06"Preservation of Error," University of Houston Law School, Advanced Civil Trial Seminar, Houston and Dallas
11/01/05"Document Retention and Destruction,” American Society of Women Accountants
08/26/05"E-mail Issues Of Document Retention And Destruction: How What You Retain And Destroy Will Impact Your Future Litigation," Document Retention and Destruction in Texas, Lorman Education Seminar
08/26/05"Avoiding Having Your Document Retention Policy Used Against You In Civil And Criminal Litigation," Document Retention and Destruction in Texas, Lorman Education Seminar
11/01/02"Condemnation Market Value Theories in Texas," Texas Business Litigation Section
08/01/02"Electronic Evidence—Getting It In or Keeping It Out," University of Houston Law Foundation Continuing Legal Education, How To Offer and Exclude Evidence
04/01/01"When is a Breach of Contract Also a Tort?" Houston Bar Association, Section of Construction Law