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Matthew W. Caligur

Matthew Caligur focuses his law practice on complex commercial litigation, product liability litigation and litigation arising from international trade matters. He represents a broad range of clients, from FORTUNE 100 corporations to small business owners, on matters including contract disputes, business torts (including tortious interference, fiduciary duty and fraud), product liability and general business issues. He represents clients in a wide variety of industries, including healthcare, technology, manufacturing, construction, energy and retail sales.

Mr. Caligur has worked on matters involving compliance with U.S. customs laws and regulations administered by U.S. Customs and Border Protection. He has represented companies in matters involving classification and jurisdiction requests, valuation and liquidation issues, penalty notices and claims for liquidated damages, voluntary self disclosures, Customs investigations and seizure notices. He has also counseled and assisted clients with compliance assessments and programs.

Mr. Caligur has experience litigating in federal and state courts and before arbitration panels. He has been first or second chair in trials and arbitrations, as well as first chair in injunction hearings, summary judgment hearings and mediations. He has handled appeals in both state and federal courts.

General Commercial Experience

• Obtained favorable settlement on behalf of UK-based leading provider of energy management and measurement systems involving dispute with domestic electric services providers;
• Obtained favorable settlement of suit for injunctive relief and civil penalties brought by Texas Attorney General against distributor of dietary supplements alleging misleading product benefit claims;
• Obtained favorable recovery for leading manufacturer of critical care and medical technologies in contract dispute involving automated dispensing equipment;
• Obtained favorable settlement on behalf of Isle of Man corporation in contract dispute over royalty payments involving exploration license granted by the Bulgarian government to explore for coalbed methane in the Dobroudja Basin;
• Handled arbitration claim for a major international engineering company resulting in a multimillion-dollar settlement and recovery for the client arising from construction of a major Gulf Coast petrochemical plant project;
• Served as trial counsel for major U.S. construction company in dispute involving contract and tort issues arising from engineering and construction of offshore drilling platform in AAA Arbitration and related federal court proceedings;
• Represented engineering services company in action to recover damages for account stated and breach of contract in connection with construction of compressed air energy storage facility;
• Obtained dismissal for manufacturer of commercial wide-format digital inkjet printer in contract dispute with customer; and
• Obtained dismissal based on lack of personal jurisdiction for nonresident principals of real estate development project case involving alleged default on guaranty agreement.

Product Liability Experience

• Regularly handles all phases of complex product liability cases pharmaceutical, medical device, chemical and other product manufacturers in litigation throughout the country;
• Obtained a dismissal with prejudice of all claims in mass tort case brought in Mississippi state court for a major international wood and wood product manufacturer;
• Served as regional counsel and local counsel for biologics product division of international pharmaceutical product manufacturer in cases involving alleged injuries from childhood vaccines and blood products; and
• Assisted in administration of state-wide docket of cases alleging injuries from hip and knee implants on behalf of international medical device manufacturer.

Customs, International Trade and Immigration Experience

• Served as trial and appellate counsel in ongoing matter for major U.S. automobile manufacturer seeking duty refunds based on reconciliation entries subject to deemed liquidation;
• Obtained temporary injunctive relief to prevent U.S. Customs and Border Protection from liquidating drawback entries due to deemed liquidation status;
• Served as trial counsel in a $42 million penalty enforcement case by U.S. Customs and Border Protection in federal district court and obtained an agreed dismissal of the action by the U.S. prior to trial;
• Participated in review and revision of FTZ compliance policies for a large joint venture automobile assembly firm;
• Represented exporter in responding to seizure notice and obtaining return of seized equipment;
• Participated in review of alternative valuation methodology to allocate development cost payments entry purposes to evaluate compliance with U.S. Customs and Border Protection’s reasonable care standard as it pertains to import valuation decisions; and
• Obtained final judgment ordering return of child to country of habitual residence in international child abduction case brought under the Hague Convention on the Civil Aspects of International Child Abduction in federal district court in Texas.

Healthcare Experience

• Represented pharmacy management company in wrongful death action arising from an alleged prescription error, which settled favorably after mandamus proceedings to the Texas Supreme Court;
• Obtained favorable recoveries and dismissals for national healthcare company in cases involving disputes arising from in-house hospital pharmacy management contracts;
• Obtained dismissals and favorable settlements on behalf of pharmacy management company in cases involving alleged professional liability for medication errors;
• Obtained summary judgment on behalf of international pharmaceutical company in personal injury case involving alleged side effects of prescription antibiotic; and
• Obtained dismissal based on lack of personal jurisdiction for managing partner of a physical therapy center in dispute involving buy-out provision of partnership agreement.

Mr. Caligur is a member of the Defense Research Institute, Houston Bar Association, Bar Association of the Federal Fifth Circuit and the Federal Bar Association. He is also a Fellow of the Texas Bar Foundation.

During law school, Mr. Caligur served as an intern for the Honorable Ewing Werlein, Jr., U.S. District Court, Southern District of Texas.

In 2005, 2006, 2007, 2009, 2010 and 2011, Mr. Caligur was selected for inclusion in Texas Super Lawyers® “Rising Stars.”

Mr. Caligur is an active member of St. Francis de Sales Catholic Church in Southwest Houston.

Mr. Caligur’s publications and presentations include:

• “Conflict Minerals—What You Need to Know About the Dodd-Frank Act and the SEC’s Proposed Conflict Minerals Rules, Including Supply Chain Due Diligence, Reasonable Country of Origin Inquiry and Reporting Requirements,” presented to the South Texas College of Law Corporate Compliance Center’s Annual Seminar, “Global Compliance: Cutting Edge Advice for an Evolving World” (October 2011)
• “Decision Limits Scope of Discovery After Special Appearance,” Texas Lawyer (March 2011)
• “Ongoing Case Assessment Helps Manage Litigation, Costs,” Texas Lawyer (September 2010)
• “Expert Witness Update and Attorneys as Testifying Experts (Except on Attorney’s Fees),” State Bar of Texas’ 2007 Advanced Civil Trial Course Book, co-author with C. Thomas Kruse (2007)
• “Alliances and Tactics Involving Multiple Parties: From No-Deal Deals to Dismissals with Side Agreements,” presented to the University of Houston CLE Litigation and Trial Tactics Conference (2006 and 2007)
• “Prepare Clients for the New Rules of Electronic Discovery,” Texas Lawyer, co-author with C. Thomas Kruse (August 2006)