James E. Phillips

Experience

Product Liability

• Represented one of the world’s largest automobile manufacturer in over 300 product liability cases involving issues of contract, warranty, the Texas Deceptive Trade Practices Act, and the federal Magnuson-Moss Warranty Act.
• Represented one of the world’s largest construction equipment manufacturer in product cases involving issues of wrongful death, catastrophic injury, warranty, and adequacy of warning.
• Defended a machinery and engine manufacturing corporation in a catastrophic injury case involving alleged defects in a steel mill furnace. Tried to defense verdict.
• Defended a sports automobile manufacturer in a breach of warranty case alleging defects in a luxury automobile. Tried to defense verdict.
• Defended construction equipment manufacturer in traumatic brain injury case involving allegations of defective design, manufacture, and marketing of multipiece rim. Prior to trial, obtained full summary judgment on all Plaintiff’s claims.
• Defended construction equipment manufacturer in catastrophic injury case involving allegations of defective design, manufacture, and marketing of equipment’s control system. Prior to trial, obtained full summary judgment on all of Plaintiff’s claims.
• Advised numerous clients on implementation of product warnings and labels.
• Advised numerous clients on negotiation and inclusion of indemnity and defense agreements in contracts.

Commercial Litigation

• Member of team representing Irving H. Picard, Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler’s role as court-appointed counsel.
• Represented telecommunication company in multiparty business dispute related to cancellation of internet startups service contracts. Client was ultimately dismissed from litigation with prejudice by the plaintiff.
• Defended business in a “bet the company” complex commercial dispute in federal court involving First and Fourteenth Amendment issues related to a municipality’s sign code which, if enacted, would have ruined the business’ operational model. Client favorable verdict resulted in changes to the sign code.
• Defended a multinational oil field service company in a dispute against intercontinental competitor in case involving issues related to breach of contract, performance obligations, contract interpretation and jurisdiction. Managed motion practice and discovery involving depositions and document production in multiple countries. Delivered closing argument at the jurisdiction hearing, and led mediation of the matter.

Construction Litigation

• Represented premises owner in litigation in which over 80 liens and claims had been filed against its new $100 million production facility which was the largest of its kind in the United States. Through use of unique strategy of interpleading retainage funds, obtained release of all liens and dismissal of several lawsuits in various jurisdictions without client having to pay monies in excess of the retainage.
• Represented manufacturer in multiparty construction lawsuit involving one of the largest, highest profile and costliest medical complex projects in Texas. Obtained favorable settlement for client.
• Represented subcontractor in multiparty party dispute over alleged construction defects in school. Obtained summary judgment on client’s claim for indemnity and defense against co-defendant.

Investigation Representation

• Represented client in OSHA investigation involving fatality at recycling plant. Arrived at client facility within hours of accident, and managed witness interviews, inspection, and document production. After issuance of citation, successfully negotiated with OSHA to reduce number of citations and penalty.
• Represented client in OSHA investigation involving fatality at manufacturing facility. Managed witness interviews, inspection, and document production. Negotiated with OSHA and successfully avoided issuance of a citation.

Memberships

• Texas Bar Association
• Houston Bar Association
  • Consumer Law Task Force
  • Minority Opportunities in Legal Profession Committee
  • Communities in School Committee: Co-Chair (2019 to 2020)
• Texas Young Lawyers Association
• Houston Young Lawyers Association

• Sweatt Equity Group: Founding Member

Pro Bono

• Houston Volunteer Lawyer Project
• Houston Bar Association
  • Legal Lines
  • Juvenile Records Sealing Program