Michael K. Oldham

PARTNER

“He’s phenomenal in trial.”

-Chambers USA 2023

Education


  • The University of Texas School of Law
    • J.D., with High Honors, 1996
    • Vice-Chancellor (#2 in Class); Order of the Coif; Associate Editor, Texas Law Review
  • Universidad de Belgrano
    • International Legal Studies, 1995
    • Buenos Aires, Argentina
  • The University of Texas at Austin
    • Plan II, with High Honors, 1993
    • B.A., Honors Business Program, with Highest Honors
    • B.B.A., Finance, with Highest Honors

Honors & Awards


  • Chambers USA: Top Ranked for General Commercial Litigation – Texas: Houston & Surrounds, Since 2022
  • Litigation Star, Benchmark Litigation, Since 2013
  • Best Lawyers®, Woodward White, Inc., Commercial Litigation, Since 2016
  • Top 100 Super Lawyers – Houston Region, Thomson Reuters, 2014-2018 & 2020-present
  • Texas Super Lawyers, Thomson Reuters, Since 2012
  • Texas Rising Star, Thomson Reuters Super Lawyers, 2005-2011
  • World’s Leading Lawyers, Expert Guides/The Legal Media Group Guides, Since 2014
  • Top Lawyer for the People in Business Litigation, H Texas Magazine, 2009
  • Houston Top Lawyer, H Texas Magazine, 2007, Since 2009
  • Houston Top Forty Under Forty Lawyer, H Texas Magazine, 2004
  • President’s Award for Outstanding Committee Chair, Houston Bar Association, 2007

Judicial Clerkships


  • Law Clerk, The Hon. Jacques L. Wiener, Jr., U.S. Court of Appeals for the Fifth Circuit

Professional & Community Involvement


  • University of Texas Development Board
  • University of Texas System Chancellor’s Council Executive Committee
  • The Kinkaid School DEI Council (2019-2022)
  • University of Texas School of Nursing Advisory Council (Chairman, 2011-2019)
  • Texas Children’s Hospital Food Allergy Council
  • Madrugadores Breakfast Club
  • Texas Bar Foundation, Sustaining Life Fellow
    • Chair, Nominating Committee, Houston Region
  • Heroes for Children, Board Member (2011-2017)

Presentations & Publications


  • “Trade Secrets Update:  Federal Defend Trade Secrets Act of 2016 and Texas Uniform Trade Secrets Act,” 40th Annual Page Keeton Civil Litigation Conference, October 2016
  • “An Introductory Primer on Corporate Buyout Litigation (co-author),” 31st Annual Page Keeton Civil Litigation Conference, 2007
  • “Case in Point” Hypothetical Case Study (co-author), Texas Lawyer, Executive Legal Adviser, September/October 2005

Previous Affiliations


  • Gibbs & Bruns LLP, Partner

News


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Biography


Plaintiffs and defendants rely on Mike Oldham’s exceptional ability to explain complicated issues and persuasively tell his clients’ stories to a jury. An industry generalist by choice, Mike has an impressive track record of successfully handling high stakes and contingency fee cases for companies, private equity groups, and entrepreneurs. His clients have included Conoco Phillips, DCP Midstream, ExxonMobil, Texas Children’s Hospital, Magellan, Bessemer Trust, NewQuest Properties, and Avera Companies. Mike’s private equity clients have included The Sterling Group, The Stephens Group, Luxor Capital, and portfolio companies of Quantum Energy Partners, One Stone Energy Partners, Clearlake Capital Group, Riverstone, First Reserve and Cerberus.

Mike is known for his relentless determination and ability to get up to speed quickly. In one particularly noteworthy case, he was hired by a major energy company to try an oil and gas accounting case that had been pending for years. After trying the case to a jury, Mike won all the claims in the client’s favor and so impressed both sides of the dispute that both the plaintiff and the defendant hired Mike to represent them in other major disputes the following year.

After graduating second in his class from The University of Texas School of Law, Mike clerked for Judge Jacques L. Wiener, Jr., on the U.S. Court of Appeals for the Fifth Circuit. Mike was a partner at Gibbs & Bruns LLP before co-founding Reynolds Frizzell LLP, which has been recognized as a Top Ten Litigation Boutique in America.

A leader in the legal and civic community, Mike has been honored repeatedly by Benchmark Litigation, Best Lawyers in America, and Super Lawyers. He is a past recipient of the Houston Bar Association President’s Award for Outstanding Committee Chair. Mike is also a member of the University of Texas Development Board, the Chancellor’s Council Executive Committee, and an active member of the University of Texas School of Nursing Advisory Council.

Representative Matters


ENERGY & POWER

DCP Midstream/Anadarko

Hired by plaintiff DCP to join long-pending case in Colorado state court claiming more than $1 billion from Anadarko for violating 40 different gas processing contracts governing dedications from 6000 wells.  Appeared alongside existing counsel, engaged in intensive discovery, filed new claims, and prevailed on key pre-trial motions.  Case settled on confidential terms.

Arbitration Against Public Utility

Won arbitration defense for power generation company against claim by Nevada Power Company for $360 million in refunds under the terms of a 30-year power purchase agreement.  After final arbitration hearings in Las Vegas and San Francisco, obtained a complete victory.

BlueCrest

Arbitration for independent E&P company seeking more than $35 million from major services contractor for damages caused by downhole tool failure in deep horizontal well in Kenai, Alaska.  Services contractor filed first, seeking unpaid invoices.  We counterclaimed for gross negligence.  Settled confidentially during week before final arbitration hearing.

Tsakos Energy Navigation

Defended Greek shipping company from LyondellBasell’s $100 million lawsuit alleging multi-year kickback scheme with plaintiff’s marine chartering manager.  While contesting personal jurisdiction, prepared substantive defense to exonerate client and successfully mediated a quick resolution on agreeable terms.  Afterward, Lyondell approached client to discuss resuming business relationship.

Royalty Class Actions

Helped Exxon Mobil Corporation defend against state and federal royalty class actions in Kansas.  Joined existing defense team after case had been pending for several years to tackle briefing issues in trial court and interlocutory appeals.  All litigation settled within the year.

J.V. Industrial

Obtained an affirmative settlement of $14.7 million in favor of defendant contractor against project owner that had initiated arbitration seeking $30 million in delay damages and alleged cost overruns.  Contractor had been hired to repower and expand the Victoria Power Station.  At the end of the project, the owner withheld the final payment and initiated arbitration.  After intensive discovery to defend against owner’s claims and pursue counterclaim to enforce contractor’s right to final payment for work, obtained settlement and recovery for client shortly before final hearing.

Wapiti

Won arbitration award for Wapiti in dispute over final “true up” repayments owed to Wapiti after its purchase of oil and gas operating interests.  Seller claimed that Wapiti should be required to pay additional $7 million for the purchase, but arbitrator ruled in Wapiti’s favor and awarded partial refund.

Florida Power

Won plaintiff case on summary judgment for Florida electric utility and collected full damages and interest.  Filed suit for $1 million after defendants purchased fuel oil but refused to pay for it.  Defendants counterclaimed for $7 million, alleging contamination.  After fact discovery, won pre-trial summary judgment establishing all claims against defendant purchaser and guarantor, rejecting all counterclaims with prejudice, and awarding $1.3 million.

CONTRACT & PARTNERSHIP DISPUTES

Private Equity Arbitration

With Chris Reynolds, successfully arbitrated breakup of high-profile private equity firm in 1-week arbitration hearing in Arkansas followed by significant post-hearing briefing.  Panel awarded client worth more than 5 times the amount offered by opponent in settlement discussions.

Phoenix Services

Represented Phoenix in lawsuit against co-founder who was dismissed for cause but still owned large ownership interest.  Defendant challenged venue and asserted many counterclaims under employment agreement and LLC operating agreement.  After discovery and shortly before summary judgment hearing, case settled favorably and defendant relinquished his ownership interest.

Mr. Las Vegas

Represented entertainer Wayne Newton in litigation over invoices for inspection and repair of twin Rolls Royce jet engines for his custom Fokker jetliner.  Matter settled favorably for both sides after an exuberant (and very wealthy) fan paid the difference between the parties’ positions so that Mr. Newton would not miss any upcoming performances by sitting in a courtroom with me.

TRADE SECRETS AND NON-COMPETITION AGREEMENTS

Network Oil

Won trial to enforce worldwide noncompetition agreement on behalf of online auction house after rival company hired away chief software architect.  Achieved expedited trial within 2 months of filing lawsuit and won worldwide injunction against the defendant.

Camin Cargo Control

Defended Camin Cargo from competitor’s claim that Camin wrongly hired away sales representatives, stole trade secrets and knowingly violated the terms of plaintiff’s employee confidentiality and nonsolicitation agreements.  Obtained a favorable settlement that permitted all employees to continue working for Camin Cargo.

Dison/Bomasada

Hired to Defend former employee against apartment developer’s claims for trade secrets theft and breach of noncompetition agreement.  We pursued a counterclaim that developer fraudulently induced employment by promising ownership interest in company.  On the eve of trial, Plaintiff agreed to dismiss all its claims with prejudice—leaving only the counterclaim—in exchange for agreed continuance of trial date.  Matter settled favorably for client soon thereafter.

SECURITIES LITIGATION

First National Bank

Obtained favorable financial settlement for investors in failed bank after it was closed by OCC and placed under FDIC receivership.  We filed suit in state district court in South Texas, claiming the bank’s officers and directors made material false statements and omissions in offering statements and violated state securities statutes and common law.  After significant discovery, case settled favorably before trial.

In re Friede Goldman Halter, Inc.

Served on team defending former directors of Halter Marine Group in securities litigation seeking personal liability in excess of $100 million. The case was resolved favorably.

Waste Resources, Inc.

Hired as substitute counsel after jury found defendant corporation guilty of defrauding an investor and awarded $1.5 million in damages.  Successfully prepared and argued post-verdict motions for defendant and won judgment notwithstanding the verdict of no liability and dismissal of all claims.  Successfully defended the favorable judgment on appeal.

DIRECTOR & OFFICER / FIDUCIARY LITIGATION

Defense of Enron’s Outside Directors

After demise of Enron, one of the largest bankruptcies in history, served on team defending Enron’s former outside directors against securities and ERISA class actions and other related litigation.  Litigation against other defendants lasted more than 10 years, but we successfully employed strategies that achieved settlements for our clients in relatively short time, along with bar orders from the Federal District Court preventing any further litigation claims against them.

Casswell / Northern Offshore

Represented CEO fired “for cause” after challenging new Board’s failure to honor employee commitments following merger into entity owned by People’s Republic of China.  Filed suit for severance pay and benefits to which CEO was rightly entitled under employment agreement for dismissal “without cause.”  NOF counterclaimed that CEO breached fiduciary duties and committed fraud.  Successfully defended counterclaims and obtained favorable settlement before trial.

REAL ESTATE

NewQuest

Hired by NewQuest after TRO entered to halt construction of its large commercial real estate development in New Braunfels, Texas.  Conducted expedited discovery, evidentiary hearings, and negotiations with representatives of the City, TxDOT, and other neighboring landowners, resulting in favorable settlement that permitted NewQuest to complete its project on schedule and on budget.

Bluebonnet Drive

Won jury verdict for plaintiff on its claim that defendants CenterPoint and Sprint had no right to place cellular transmission equipment atop a power pole on client’s commercial property.  Hired after close of discovery and only two weeks before trial, tried case to successful verdict and obtained injunction ordering defendants to remove the equipment.

Sherwood Forest Neighborhood

Won jury verdict in defense of high-end residential neighborhood against townhome developer’s litigation pressure tactics to invalidate deed restrictions.  Developer commenced suit against HOA, then tried to pressure individual homeowners with separate lawsuits claiming deed restriction violations.  Substituted in as Co-Lead Trial Counsel for individuals and won jury verdict rejecting developer’s claims and finding developer’s property was a nuisance.  After Court entered permanent injunction ordering developer to maintain its property in accordance with deed restrictions, developer agreed to dismiss all lawsuits and reimburse individuals’ defense costs.

ACCOUNTING DISPUTES

ExxonMobil

Won take-nothing jury verdict rejecting claim by plaintiff Duke Energy (now DCP Midstream) that Exxon Mobil’s accounting errors and re-allocations as operator of Conroe Field Unit wrongfully caused more than $4 million dollars of overpayments to other working interest owners.  Hired as substitute trial counsel for Exxon Mobil after close of discovery.

DCP Midstream/EOG

Hired by former adversary DCP to defend arbitration filed by EOG Resources seeking $70 million for allegedly faulty settlement accounting under a gas purchase contract.  Dispute settled on the verge of the final arbitration hearing.

DCP Midstream/Approach

Defended DCP Midstream in state district court in Fort Worth, Texas against a producer’s claims for breach of contract and accounting.  Plaintiff sought to recover $12 million in past damages and declaratory judgment governing future payments.   Won partial summary judgment against plaintiff’s claims and defeated plaintiff’s competing affirmative motion for partial summary judgment.  Dispute settled favorably shortly before trial of remaining claims.