John Scott Black
John Scott Black handles cases for both plaintiffs and defendants, focusing his practice on complex commercial litigation and catastrophic personal injury litigation. He handles commercial matters in a broad array of areas, including securities fraud, contract claims, fiduciary duty matters, real estate transactions, patent matters, and institutional investor claims. John has tried cases to jury verdict as first chair in both state and federal court for both plaintiffs and defendants. John has also taken the lead role in successfully arbitrating complex cases, and arguing matters to Texas courts of appeal.
Prior to joining the firm, John was a legal intern to Justice James A. Baker of the Supreme Court of Texas in 1998. John worked at Gibbs & Bruns LLP, one of the nation’s premier commercial litigation boutiques from 1999 to 2009; he was named partner in 2005. He is fluent in both English and Spanish with much of his family still residing in Mexico. In 2009, John left Gibbs & Bruns L.L.P. to form Reynolds, Frizzell, Black, Doyle, Allen & Oldham, L.L.P.
Education
University of Texas, J.D., 1999
Order of the Barristers
ATLA National Trial Champion, 1999
Texas State Invitational Trial Tournament & Best Oral Advocate, 1999
Niemann Cup Recipient, 1999 (best graduating advocate at University of Texas Law School)
University of Texas, M.P.A., LBJ School of Public Affairs, 1999
University of Texas, B.A., 1995
Recognition
Named a “Top Lawyer for the People” in Business Litigation by H Texas magazine, 2009.
Named one of “Houston’s Top Lawyers” by H Texas magazine, 2007, 2010.
Named one of Houston’s “Top Forty Under Forty” Lawyers by H Texas magazine, 2004.
Named a “Texas Rising Star” by Texas Super Lawyers, 2005-2009.
Significant Cases
Huntsman Corporation v. Credit Suisse Securities (USA), L.L.C. et. al
Assisted in the representation of Plaintiff Huntsman against Credit Suisse and Deutsche Bank in connection with the failure to fund a $15 billion merger between Huntsman and Hexion, of Columbus, Ohio. The litigation was resolved during trial for a record-setting $1.7 billion of value to our client.
DMAC Construction v. Surfside Interests, L.L.C.
Arbitrated construction case arising out of the failure to make payments in connection with client’s construction of a $3 million marina in Surfside, Texas. Our client, the general contractor, was owed in excess of $1 million and was forced to litigate the matter against the owner and architect in both arbitration, and in state court. The arbitrator awarded our client virtually 100% of the damages sought, and dismissed the nearly $2 million of counterclaims asserted by the defendant. In addition, our clients were awarded nearly every penny requested in attorneys’ fees. Prior to the arbitration, we successfully obtained a release of the hundreds of thousands of dollars held as retainage in Brazoria County, Texas.
SWEP v. ASAP Masonry
Represented the defendant in a breach of contract, fraud, and breach of fiduciary duty lawsuit that involved a family’s fireplace surround business. After a two-week jury trial, we defeated all of the plaintiff’s claims, and obtained a verdict in our client’s favor – on several of our affirmative counterclaims – in excess of $600,000.
Willis Group, LLC and Seis-Strat Services, L.L.C. v. Antares Enterprises, L.P. et al.
Represented Claimant in arbitration after client had been sued in state court for failure to pay damages that were alleged to be approximately $1 million. The damages arose out of Willis Group’s acquisition Seis Strat, and an earn out the seller had negotiated. Willis Group alleged that the company’s condition was not as seller had represented it. After successfully moving the case to arbitration, the matter was litigated over the course of several weeks. Ultimately, our client was awarded damages with a value of approximately $1.4 million and the original Plaintiff in state court was awarded nothing.
Greenfield Energy, Inc. et. al v. EOG Resources, Inc. et. al.
Handled international oil and gas contract dispute over Trinidadian oil and gas field for Canadian company against group of Trinidadian companies and Houston oil and gas major, with damages estimated in the hundreds of millions of dollars. Clients obtained a confidential settlement from all Defendants, including a handful of businesses that are located and operate in Trinidad.
Corenegery, LLC et al v. Devon Energy Production Company, L.P.
Represented Plaintiff Corenergy, LLC, a co-owner of an oil & gas prospect, in case against Devon Energy, the other co-owner and operator of the prospect, alleging claims of fraud and breach of contract in connection with the handling of that prospect. After being accused of filing a frivolous suit, we settled the case favorably for the client a few days before trial.
New Century Financial v. Hisaw Construction Co.
Represented Plaintiff New Century Financial at jury trial in Dallas, Texas in breach of contract case regarding the factoring of certain business invoices. Was hired by co-counsel one week before trial, and after all discovery had been completed. The Jury returned verdict in favor of Plaintiff on all issues and awarded all attorneys fees requested.
In re Friede Goldman Halter, Inc.
Represented Barry J. Galt and other former directors of Halter Marine Group in securities fraud matter arising out of the failed merger of Friede Goldman and Halter Marine. Our clients collectively faced potential exposure in the hundreds of millions of dollars. The matter was successfully resolved as part of a confidential settlement.
In re Christopher Sean Byrd
Represented a former Texas state jail inmate on a pro bono basis – Mr. Byrd had been attacked by a guard and was left in a coma for weeks. Without the need of filing suit, we negotiated a settlement approved by the Governor for $1 under the state imposed caps. We refused to take a fee, and successfully negotiated releases of all the client’s medical liens.
Rancho del Austin, L.L.P. v. Panahpour
Represented the general partner responsible for managing a handful of very valuable commercial real estate properties in a lawsuit brought by its limited partner. The suit alleged damages in excess of $20 million. Our client, in turn, asserted its own counterclaims. We successfully defeated the plaintiff’s claims on summary judgment, and were left only with our counterclaims to litigate. As a result, the Court realigned the parties making our client– formerly the defendant– the new plaintiff. The case settled favorably for our client the weekend before trial.
Amerisource Funding, Inc. v. Trammell Crow Corporate Services, Inc.
Represented Plaintiff Amerisource in a breach of contract, Uniform Commercial Code action alleging that Trammell Crow knowingly circumvented security interests of our client, a factoring business. The Defendants asserted that the filing was frivolous. The case settled shortly prior to trial for seven figures.
North Houston International, L.L.C. v. Paine Webber Real Estate Investments, Inc.
Represented Defendant Paine Webber in a breach of contract case arising out of a failed commercial real estate loan transaction. Plaintiff alleged damages in the many millions. Obtained a summary judgment on all counts at the trial court level; and later argued the appeal that upheld the ruling in October 2003.
Union Oil Company of California v. Osprey Petroleum Company
Represented Plaintiff Union Oil Company of California in suit against working interest owner involving claims for payment of joint interest billings, and in defense of counterclaims for fraud, breach of contract, and breach of fiduciary duties. The client hired our team after another large prominent defense firm had handled the matter for over a year, and was facing trial against a well-known Houston trial lawyer. The clients also faced potential exposure on the counterclaims in the hundreds of millions of dollars. Within months of hiring our team, and following intense discovery, we obtained dismissal of the counterclaims on summary judgment – the ruling coming only a few weeks before trial.
Joe Fogarty et al. v. Daniel I. Barness et al.
Represented the Claimants before the American Arbitration Association. The suit was filed after clients were defrauded at an earlier mediation. After a week-long trial, the Arbitrator found our clients had indeed been defrauded. The award provided client with total relief in the amount of $1.3 million, and the matter was ultimately resolved with a total value to our client of nearly $7 million.
Schlumberger Technology Corporation v. Wood Group ESP, Inc.
Represented Defendant Wood Group ESP in a temporary injunction proceeding before the Honorable Nancy Atlas. Plaintiffs alleged inevitable disclosure of trade secrets. After a four day hearing on the merits in September 2003, following accelerated discovery, the Court ruled in favor of our client on all issues. The case settled favorably for our client thereafter.
Victor L.X. Hall v. Dioncio M. Castillo, et al.
Represented a former state jail inmate on a pro bono basis for injuries he sustained while incarcerated. The allegations included violations of his Constitutional rights as well as battery. The jury deliberated nearly six hours before delivering a defense verdict. After trial, Judge Hittner and his staff singled out Mr. Black and his co-counsel remarking that the defense was among the best he had ever seen in such a case.
H.B. Zachry v. ABB Lummus Global
Represented Plaintiff H.B. Zachry in dispute concerning construction costs and delay expenses with respect to the building of $700 million ethylene cracking plant. Following two years of litigation, as Plaintiff we achieved a favorable settlement that remains confidential at the Defendant’s request.
Daniel J. O'Hare et al. v. Vulcan Capital, LLC et al.; No. SA-04-CA-566-H (Consolidated) No. SA-07-CA-297-H; In the United States District Court for the Western District of Texas
In February 2010 we obtained a jury verdict in San Antonio federal court holding two individuals (Kevin C. Davis and Ford Graham) personally liable for fraud and statutory fraud for entering into a settlement agreement with no intention of performing. In October 2004, after litigating a business dispute in San Antonio federal court during temporary injunction proceedings, a settlement was reached. But the settling Defendants did little to honor their contractual obligations and instead spent nearly a year stringing Plaintiffs along; they asked Plaintiffs for more time, claiming they had no money while consistently filing papers in federal court acknowledging the settlement. Ultimately, O'Hare and Stewart sued to enforce the settlement agreement. The Defendants and their new counsel then reversed course entirely. The Defendants, armed with new lawyers, argued that no settlement existed, and alternatively, that the agreement was vague, fraudulently induced, and had conditions O'Hare and Stewart failed to meet. In addition, the Defendants engaged in a campaign intended to discourage any collection efforts undertaken by Plaintiffs and their attorneys; they sought to sanction and disqualify O'Hare's and Stewart's lawyers, and filed an entirely new suit in North Carolina, which included as Defendants Stewart's young son and nephew. The lawyers from our firm fought back— ultimately, Judge Orlando Garcia denied the motions for sanctions and the motion to disqualify, and ordered the North Carolina case to be transferred to San Antonio. Shortly after consolidating the two cases, we filed a motion for summary judgment. The result: Judge Hudspeth dismissed each and every one of the Defendants' defenses, collectively calling them "remarkable." In addition, Judge Hudspeth found that the settlement was valid and enforceable, and granted summary judgment on Plaintiffs' contractual claims of $2,000,000. Therefore, all that remained to be tried was Plaintiffs' fraud claim. Shortly before the first trial setting in September 2009, Kevin Davis filed personal bankruptcy and sought to have the fraud case litigated in New York as an adversary proceeding. Plaintiffs successfully lifted the stay and persuaded the New York Bankruptcy Court to have the matter litigated in Texas. A new trial setting was scheduled for February 16, 2010. The weekend before trial, the Defendants bankrupted another entity, but we aggressively resisted efforts to further delay the trial. After nearly six years of litigation, trial began. After a three-day trial, the jury returned a verdict for Plaintiffs O'Hare and Stewart in under 90 minutes. The verdict, which found Graham and Davis equally liable for the fraud, included $1,962,000 in actual damages and another $6,000,000 in punitive damages for a total of $7,962,000, which sum is in addition to the $2,000,000 on the summary judgment and fees exceeding $1,000,000.