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Energy

Working through the downturn in the energy sector was difficult for many of our clients. Throughout we were able to provide guidance and assist in the survival and recovery of company clients. Those that did not make it have found new and exciting growth opportunities.

2018 - We are currently assisting a drilling contractor client in the roll up of existing entities, the potential acquisition/merger of a competitor contractor for $140,000,000+, the negotiation of terms for senior secured debt, and the listing on an international exchange.

In 2017, an energy based manufacturing client valued at $120,000,000 was the target of a strategic buyer. We were instrumental in the evaluation, due diligence investigation, negotiation and drafting of documents for the acquisition. Although the transaction did not close, it was through the due diligence phase that material issues were identified.

In 2017, we negotiated multiple national and international pipeline easement and oil and gas lease agreements for our clients.

Commercial Transactions

2018 - We assisted a long term client, a designer and manufacturer, with the successful sale of the business to a strategic buyer. The M&A process involved the negotiation of business terms, letter of intent, due diligence, asset purchase agreement, representations and warranties, and closing. Ancillary to the sale, the Firm represented the landlord of the facilities and successfully negotiated a multi-year lease with the purchaser of the business.

2018 - We are currently assisting a supply chain logistics company client, with local and international operations, in the analysis and evaluation of acquisition offers from strategic competitors. Complexities of this transaction include the coordination and reconciliation of international financial, tax, HR, and cultural integration issues.

2017 - Through our general counsel representation of a local gravel company, we were able to structure and close an initial reorganization project with focus on liability protection and succession planning, protecting over $11 million in assets.

2017 - For an aircraft owner client we successfully negotiated and closed on a Part 135 aircraft dry-lease agreement covering commercial operations.

Personal Injury/Insurance Defense

2018 - We recently settled a suit involving the tragic drowning loss of our client's teenage child. The case was complicated by international jurisdictional and venue related issues.

2017 - In two separate recent cases, we managed the defense of our corporate clients against damages claims that far exceeded their insurance policy limits. Both cases involved tragic high profile traffic accidents resulting in the death of multiple individuals; that, if not successfully resolved, would have likely been "bet the ranch" trials. To the extent there is such a thing, both cases were satisfactorily resolved after being fully developed within policy limits.

Similarly, we are representing a client cattle operation wherein a farm hand was fatally injured working a bull. The case continues to be developed for trial.

We are currently managing the defense of a client involved in a medical malpractice case.

Our employer liability insurance defense group continues to successfully defend insureds against high profile claims arising from the death or injury to one or more of their employees. In each case we are called up to investigate, and develop an understanding of the facts and the insured's business.

Recently, these included a highway landscape maintenance company sued by the family of our client's employee, killed by the driver of an 18-Wheeler; a temporary employment agency whose employee was crushed underneath a palletizer while working at the client company's packaging facility; and a railyard maintenance company whose employee was killed when caught by the rotating arm of a bobcat trailer mistakenly engaged while in the recognized zone of danger

For successive years, Griffin & Matthews has been asked to give presentations on current topics to our clients, the recent topics include: Non-Fatal Injuries, Improper Parties, and Failures to Exhaust Administrative Remedies - Why are they increasing in number, and is there a "best method" for disposing of these claims; and In Utero Injuries and the Comp Bar (Are a Minor Child's Claims against a Parent's Employer Barred by the Exclusive Remedy Defense?).

Real Estate

We continue to represent land developers, homebuilders, and a wide variety of commercial, industrial and residential contractors in their efforts to grow and expand their businesses. Our responsibilities include assisting in the planning, purchase and development process; the negotiation of construction contracts; filing of liens; forming and working with HOA's, and in many cases, succession planning.

We currently represent an investment company with 40+ residential properties. The company has sought our assistance in consolidating its financing, lending and collateral documents; providing documents supporting future buy-sell contingencies; and, assistance in dealing with issues in changes in management and control.

We are involved in a complex dispute between adjoining ranch owners regarding disagreement over the existence, maintenance, and ownership of a roadway separating the properties with historical implication dating back to early 1900s. The case involves complex issues of adverse possession, Commissioners Court proceedings, and the rights, duties and obligations of each of the parties concerning road closures.

We continue to represent a landowner client in its dispute and negotiations with the EPA and other responsible third parties over the disposal of hazardous waste materials placed on the property decades earlier, and prior to our client's ownership of the property. This high profile case involves complex environmental, real property, and personal injury issues.

2017 - The firm was able to successfully resolve for our landlord client, through mediation, a contentious and complex breach of lease suit.

We obtained a settlement before trial in a complex adverse possession case involving over 25 parties, including individual owners, entities and multigenerational trusts, with varying positions.

Commercial Litigation

We successfully negotiated resolution of a commercial landlord/tenant dispute resulting from tenant's clandestine abandonment and destruction of leased warehouse and office space. The Firm aggressively defended an employer against injury claims asserted by former employee, resulting in former employee's voluntary dismissal of claims within 24 hours of file assignment by insurance company We recently completed the successful defense of an employer in a workplace fatality case resulting in dismissal of all claims by deceased employee's family members following submission of Motion for Summary Judgment. The Firm defended a national industrial lighting company in a Department of Labor Investigation concerning over 80 employees at their Houston facility. In this complex case, the internal investigation and negotiations with Wage and Hour Division resulted in back-pay being paid for only 2 out of 80 employees, totaling less than $2,200.

We successfully settled and obtained individual releases from employees in a class action suit against our client involving alleged FLSA violations complicated by complex bonus structures and overtime calculations.

In our ongoing representation of a homebuilder, we defended and positively resolved lawsuits from homeowners claiming construction defects.

We were successful in protecting our client's proprietary business information and financial data from disclosure during the course of third-party litigation.

We pursued and successfully negotiated a partnership redemption at multiples of the original offer from former business partner. The matter was complicated by complex organizational documents including confidentiality and non-competition agreements.

Fiduciary Law/Probate Litigation

In a complex case involving actions in both State and Federal court, the firm is defending a beneficiary of an estate, and trusts, in the capacity as trustee and executrix for alleged breaches of fiduciary duty, conversion, tortious interference with inheritance rights, constructive trust over trust assets, fraud, and conspiracy, among other things.

We successfully defended two of our clients who provide specialized advice in their areas of expertise who were wrongfully accused of breaching the standards governing their respective arenas.

We successfully concluded our representation of an estate in litigation involving the valuation and ownership of an extensive legal practice. The contentious case was complicated by the need to value and analyze hundreds of cases; the threat of multijurisdictional suits influencing that valuation; and, the complexities of unique settlement terms.

Successfully defended Estate executor from claims made by Decedent's former insurer regarding claim for unpaid life insurance benefit.

Pursued successful recovery of estate property from third party who claimed ownership based on possession of asset at time of death.

We are currently involved in several shareholder dispute cases in which we represent minority owners being oppressed by majority owners. Each of these cases involve breaches of fiduciary duties.

General Counsel

In our representation of a startup unmanned aerial vehicle (drone) company we have assisted in its formation, ownership, structure, and management; and, the negotiation of a myriad of different contracts (including MSA's), and assisted with insurance, finance, letters of intent, partnerships and joint ventures.

Through our nearly 30-year representation of an energy sector client, the Firm has handled and/or assisted in the management of insurance defense matters, employment matters, management and succession planning matters, operational and investment growth.

We are assisting a long term client in dealing with employee defection of its out-of-state operations. The matter is complicated by various operating, non-disclosure, and non-solicitation agreements exacerbated by jurisdictional and venue related issues.

Griffin & Matthews represents a family-owned drainage contractor company wherein we analyzed its 10-entity structure (separated by operations, leasing, equipment, and intellectual property) and implemented a system allowing for ease of annual reporting to state agencies, and drafted agendas and resolutions for annual meetings of members, shareholders, managers, and directors.

In its representation of a valve company, Griffin & Matthews has drafted and negotiated multiple Master Services Agreements with both vendors and customers, assisted with employment matters such as terminations and non-competition/non-solicitation matters, commission issues, and the recovery of aged accounts receivable owed to the company.

Griffin & Matthews has represented a water treatment company for over 10 years. In that time, we have helped guide the client through multiple complex business transactions including change of ownership, change of management, human resource matters, industry Co-Op relationships, and various other business dealings and succession planning.

We represented a Texas tree farm in negotiation of an Easement Agreement for a pipeline right-of-way. Consideration totaled in excess of $675,000, with additional negotiations for a delay damages provision to protect against and minimize damage to crops. Subsequent to the closing of the Easement Agreement, the pipeline company's performance triggered the delay provision which lead to subsequent payment of $370,000 to client. Griffin & Matthews represented a consulting and staffing firm wherein we drafted updates to employee handbook, policies and procedures, drafted and negotiated employment and management contracts, and assisted in investigation and of workplace harassment allegations and resulting disciplinary reactions. We also reviewed and negotiated various MSA, non-disclosure agreements, and are currently providing legal counsel on proposed reverse merger, redemption, or asset sale opportunities.

At the request of our client, a national industrial fabricating company, we delivered various presentations and training sessions specific to employees, supervisors, and HR representatives of the company, with a focus on DOL/FLSA reporting requirements, intercompany investigations, disciplinary policy, and retaliation. Our firm has provided general counsel services to a galvanizing contractor for more than 10 years. We have represented the company through its partial sale of assets to a publicly traded company, its ownership and management succession, shareholder buy/sell agreement, various employment matters, internal investigations, collections, and guidance to its shareholders, board of directors and management.

Family Law

RRecently, we successfully resolved a contentious divorce action involving a client with complex issues of valuation and the allocation of a multi-million dollar estate. The case was successfully resolved through the use of creative strategies designed to preserve the value of the corpus after division for the benefit of both parties.

In 2017 we were involved in a number of family law cases involving sensitive and difficult issues of drug and alcohol abuse, spousal abuse, child support and custody, and the division of debts and assets. These cases required our experience involving restraining orders, drug testing and counseling, psychiatric orders, anger management, physical abuse, valuation, property characterization, etc.

Our firm regularly drafts and negotiates premarital agreements for clients beginning their lives together. Be it their first, second, or third marriage, we protect our client's inherited assets, earned assets, and legacy to their children.

Related Links:

What to Expect in Texas Family Law Court

http://www.tyla.org/tasks/sites/tyla/assets/File/2005FamilyLawBrochure.pdf

Kids in the Crossfire: Helping Parents Understand the Impact of Divorce

http://www.tyla.org/tasks/sites/tyla/assets/File/KidsInTheCrossfireBro%20P2.pdf