Professionals

Clay Steely is a litigation partner who has tried cases to a verdict and arbitrated cases to a final award for almost two decades. Since 1994, he has been responsible for matters involving real property, commercial and personal injury issues. Mr. Steely has extensive experience in contract, property and environmental matters involving:

• Airborne, Surface and Groundwater Releases and Contamination
• Construction contracts
• Commercial leases
• Condemnation
• Easements
• Non-Compete and Non-Solicitation employment contract clauses
• Pipelines
• Rights-Of-Way
• Trade Secrets
• Purchase and Sale Agreements

Additionally, he has extensive experience in personal injury matters involving:

• Auto and trucking
• Products liability
• Premises and work related accidents
• Mass tort claims involving exposure to asbestos, silica, benzene and other compounds

Mr. Steely has been named a "Rising Star" in Environmental/Land Use law in surveys conducted by Texas Monthly (2005 -2009), and has been recognized by H Texas Magazine as a "Houston Top Lawyer" in the area of Business Litigation.

Commercial Matters

• Lead Counsel for natural gas storage and transportation company in breach of contract and fraud claim surrounding construction of gas handling facility and associated meter/interconnect sites.
• Trial with jury verdict for publicly traded real estate investment trust in declaratory judgment, breach of contract and promissory estoppel claim surrounding roof damage to commercial warehouse facility and associated deductible.
• Trial counsel and successful jury verdict in favor of individual against demolition company on claims of breach of contract and negligence.
• Lead counsel for national hardware co-op in breach of membership agreement claim against member and multimillion dollar counterclaims of breach of contract, promissory estoppel, fraud and negligent misrepresentation as well as claims under the Deceptive Trade Practices Act and the Texas Business Opportunities Act.
• Trial counsel to a leading manufacture of corrugated material on breach of contract, breach of warranty and negligent misrepresentation claims, as well as counterclaims for breach of contract claims tried to a successful jury verdict.
• Lead counsel on contractual indemnity claim by a third party against international transportation client for settlement of a personal injury claim.
• Trial counsel to equipment manufacture on breach of contract claim with counterclaims of negligence, fraud and misrepresentation.
• Trial counsel to franchisor and jury verdict received in favor of franchisor in dispute over unpaid royalties and breach of license agreement with counterclaims of breach of contract, promissory estoppel, fraud and negligent misrepresentation as well as claims under the Deceptive Trade Practices Act and the Texas Business Opportunities Act. Writ granted by Texas Supreme Court on issue involving merger and integration clause in franchise agreement on which trial court directed verdict.
• Representation of various franchisors in commercial litigation involving allegations of breach of franchise contracts and alleged fraud associated with a franchisor/franchisee relationship.
• Lead arbitration counsel in successful arbitration for a major ground transportation company in case involving contract and indemnity claims arising out of a purchase agreement for a taxi business in Denver, Colorado.
• Lead arbitration counsel in successful arbitration for a sculpted specialized concrete company in a construction contract dispute.

Real Estate/Environmental/Mass Tort Matters

• Lead counsel for Fortune 500 company in CERCLA cost recovery case involving alleged disposal of oil field waste products.
• Lead counsel for realty trust company for breach of contract, fraud, breach of warranty and Solid Waste Disposal Act claims involving the sale of allegedly contaminated property and groundwater contamination.
• Lead counsel in negligence, nuisance and trespass case surrounding a landfill in Texas for a Fortune 500 company.
• Lead counsel on behalf of a major energy services company in two cases involving negligence, nuisance and trespass claims surrounding groundwater contamination in Harris County, Texas.
• Lead counsel for realty company in CERCLA case in which defendant abandoned containers of unlabeled wasting and lubricating oils.
• Lead counsel to chemical company in claims of personal injury, nuisance and trespass of multiple plaintiffs due to alleged air emissions in Jefferson County, Texas.
• Trial counsel to Fortune 500 company in breach of contract/lease case involving alleged contamination of multiple sites in Houston, Texas.
• Summary Judgment in client's favor dismissing over 3,000 claims arising from multi-party litigation surrounding alleged airborne chemical releases from various plants in Texas City, Texas.
• Lead counsel to various companies on asbestos claims, including boiler, heat exchanger and premise defendants.
• Successful Summary Judgments on causation issues.

Condemnation Proceedings

• Lead counsel in negotiations of easements involving electrical transmission line and substation easements
• Lead counsel on behalf of landowner in case involving right to condemn and value issues against landfill gas company.
• Lead counsel on several natural gas pipeline condemnation proceedings.
• Lead counsel to Fortune 500 company in condemnation proceedings relating to the construction of a professional sports stadium in Arlington, Texas.
• Lead counsel for industry leading provider of track and transit system construction services in a potential land sale and condemnation proceedings with a municipality.
• Lead counsel for a business park owner in condemnation proceedings over highway expansion project and value of easement issues.
• Lead counsel in an easement dispute over the alleged improper placement of a pipeline placed across plaintiff's property and successful resolution of client's counter-claim of damages for pipeline repair.
• Trial counsel in condemnation proceeding involving pipeline easement and bad faith trespass issues.

Employment Disputes

• Lead counsel in non-compete, non-solicitation and theft of trade secrets dispute involved manufacturing of fracking material.
• Lead counsel in non-compete, non-solicitation, theft of trade secrets and coversion/theft case between partners in veterinarian medicine.
• Lead counsel in partnership dispute involving severance and client ownership issues.
• Lead counsel on employment dispute for oil & gas field services provider for temporary restraining order and temporary injunction involving breach of contract and tortuous interference claims arising from common law duties of employees as well as non-compete and non-solicitation provisions of employment contracts.
• Lead counsel for energy management company in case involving breach of contract, misrepresentation, and fraud claims surrounding commissions allegedly due to a former employee in an employment agreement.
• Lead counsel to professional Indy Racing League driver in action against team owner surrounding driver's written employment contract.
• Lead arbitration counsel in successful arbitration for a major transportation company in case involving contract claims and employment disputes regarding the termination of a former owner of a company sold to client.
• Arbitration counsel in successful arbitration for a financial management and advisory company in an employment dispute involving alleged breach of contract, fraud, misrepresentation, and defamation claims.

Personal Injury Litigation

• Lead counsel in head on truck collision case involving fusion of client's foot and ankle.
• Lead counsel in a wrongful death and survival claim involving foundry equipment.
• Counsel for transportation company in dual fatality involved with motorcycle collision.
• Counsel in various wrongful death cases including claims surrounding equipment maintenance and operation, work procedures, and various OSHA violations.
• Trial counsel on several personal injury matters involving insurance, including chemical exposure, product liability, negligence, gross negligence and indemnity issues.

• Martindale Hubbell AV Rated Attorney
• American Bar Association
• State Bar of Texas
• Houston Bar Association
• Texas Association of Defense Counsel
• Association of Defense Trial Attorneys
• National Association of Railroad Trial Counsel
• Texas Bar Foundation Fellow
• Houston Young Lawyers Association