Overview
Joe’s experience focuses on commercial litigation and trials in both state and federal trial and appellate courts. He represents clients in various complex matters, including securities fraud, derivative actions, fraud actions, contract disputes, patent infringement, intellectual property disputes, construction cases, and defective design and product cases.
Joe has significant first-chair experience in both jury and bench trials and binding arbitration. He has tried over 30 jury trials, numerous bench trials and arbitrations. He also has handled appellate briefings and arguments, including some before the Texas Courts of Appeals, the Texas Supreme Court and the U.S. Court of Appeals for the Fifth Circuit.
Experience
Joe has served as lead counsel in a variety of recent litigation. He has represented clients as:
- Officers of a public company sued for securities fraud
- A NASDAQ listed energy company in various matters
- The CEO of a NYSE company in a derivative action
- The manufacturers and sellers of computer programing devices for vehicles in patent infringement litigation
- Hedge fund sued for lender liability
- Lenders placing property in receivership
- Television stations
- Toyota forklift dealer on various matters
- Lime company enforcing a take or pay contract
His cases include:
- Whitcraft v. Brown, 570 F. 3d 268 (5th Cir. 2009)
- Capital Finance & Commerce v. Sinopec Overseas Oil & Gas, Ltd., 260 SW 3d 67 (Tex. App. Houston [1st Dist.] 2008)
- Adrain v. Superchips, Inc., No. 2006-1376 (Fed. Cir. 2007)
- Orion Refining Corp. v. UOP, 259 SW 3d 749 (Tex. Civ. App. Houston [1st Dist.] 2007)
- Paramount Pictures Corp. v. Johnson Broadcasting Inc., 432 F. Supp. 2d 707 (S.D.Tex 2006)
- Bynum v. Prudential Residential Services, 129 SW 3d 781 (Tex. Civ. App. Houston [1st Dist.] 2004)
- Mahand v. Delaney, 60 SW 3d 371 (Tex. App. Houston [1st Dist.] 2001)
- D.E. Frey & Co., Inc. v. Wherry, 27 F.Supp.2d 950 (S.D.Tex.1998)
- In re XYZ Options, Inc., 154 F. 3d 1262 (5th Cir. 1998)
- Reed v. Fina Oil & Chemical Co., 995 F.Supp. 705 (E.D.Tex. 1998)
- Butler & Binion v. Hartford Lloyd's Ins. Co., 957 SW 2d 566 (Tex. App. Houston [14th Dist.] 1995)
- Gibraltar Sav. Ass'n v. Kilpatrick, 770 SW 2d 14 (Tex. App. Texarkana 1989)
- CRSS Inc. v. Runion, 992 S.W.2d 1 (Tex.App.-Hous. [1st Dist.] 1995)
- Skytop Brewster Co. v. Skytop Intern., Inc., 1993 WL 721287, 30 U.S.P.Q.2d 1543 (S.D.Tex. 1993)
- Matter of 5300 Memorial Investors, Ltd., 973 F.2d 1160 (5th Cir. 1992)
- City of Arlington v. F.D.I.C., 752 F.Supp. 219 (N.D.Tex.1990)
- HBA East, Ltd. v. JEA Boxing Co., Inc., 796 S.W.2d 534 (Tex.App. Houston [1st Dist.] 1990)
- Citizens State Bank of Sealy, Tex. v. Caney Investments, 746 S.W.2d 477 (Tex. 1988)
- Citizens State Bank of Sealy v. Caney Investments, 733 S.W.2d 581 (Tex.App.-Hous. [1st Dist.] 1987)
- Gunter v. KIKK Radio Station, 727 S.W.2d 650 (Tex.App. Houston [1st Dist.]1987)
- Cactus Pipe & Supply Co., Inc. v. M/V Montmartre, 756 F.2d 1103 (5th Cir. 1985)
- Sakowitz, Inc. v. Steck, 669 S.W.2d 105 (Tex. 1984)
- Steck v. Sakowitz, Inc., 659 S.W.2d 91 (Tex.App. Houston [14th Dist.] 1983)
- Tonahill v. Southwest Automated Tickets Service, 683 S.W.2d 753 (Tex.App. Houston [14th Dist.] 1984)
- Verkin v. Melroy, 699 F.2d 729 (5th Cir. 1983)
Education
JD, University of Houston Law Center, Articles Editor, University of Houston Law Review, 1976
BA, University of California, Los Angeles, 1973
Admissions
Texas
Courts
US Court of Appeals, Fifth Circuit
US District Court, Northern District of Texas
US District Court, Southern District of Texas
US District Court, Western District of Texas