The attorneys at Gibson~Gruenert have successfully represented business clients in a wide variety of litigation matters before the state and federal district and appellate courts, bankruptcy courts and specialized administrative law panels. Our litigation practice covers the range from small insurance defense and collection matters to multi-party, complex commercial litigation. The primary areas of civil litigation on which the firm’s practice is focused are:
The firm frequently represents both plaintiffs and defendants in a wide variety of commercial cases, including breach of contract claims, claims under the Texas Deceptive Trade Practices Act (“DTPA”), Uniform Commercial Code cases, bank foreclosure actions, forcible entry and detainer (eviction) actions, commercial fraud cases, and collection actions.
Oil and Gas Litigation:
The firm represents service companies, large independent exploration and production companies, drilling contractors and royalty owners in various oil and gas related lawsuits, including suits on gas sale contracts, negligence and breach of contract claims relating to lost wells and blow outs, title disputes, claims for surface and environmental damage, royalty claims, suits to replace lease operators, suits to collect joint interest billings, lien claims under the Texas and Louisiana oil and gas lien statutes, fraud and bad investment cases and accounting disputes among joint interest owners.
The firm is experienced representing property owners, general contractors and subcontractors in a range of construction related litigation, including lien claims, collection cases, breach of contract cases, product liability claims, warranty claims, defense of personal injury claims, claims against surety bonds and defense of DTPA claims.
The firm has represented primarily oil and gas industry clients in connection with the defense of CERCLA claims, defense of multiparty toxic tort claims, regulatory audits and inspections, claims relating to releases from underground storage tanks, nuisance claims and indemnification and contribution claims among co-defendants.
Through relationships with a number of national automobile and fire and casualty insurers, the firm performs a substantial volume of defense work for commercial policy holders. Management and Employment Litigation: The firm routinely represents the owners and managers of large and small businesses in defense of discrimination claims, including sexual harassment cases, race discrimination actions, age discrimination claims and claims for work related personal injuries.
Securities and Shareholder Litigation:
The firm is experienced in the representation of shareholders in public and private corporations relating to derivative actions, oppression claims, and corporate governance disputes. The firm's representation of corporate constituencies includes claims under the business opportunity doctrine, claims for breach of fiduciary duties and claims for indemnification by officers and directors.
The firm’s litigation practice is a mainstay of our business. Our experience in the courtroom gives a unique perspective in our counsel to our clients. We understand the economic, emotional and scheduling burdens that litigation imposes on our clients, and we try to manage the process in the least painful way possible for our clients. Perhaps most importantly, we do not embark on any litigation engagement with any purpose except to win. We are forthright in our pre-engagement evaluation of the merits of litigation projects, and we are willing to consider alternative fee arrangements, contingent fee contracts and lump sum engagements in appropriate circumstances.