Matthew W. Caligur

Experience

Commercial Litigation

• Co-lead trial counsel to publicly traded oil field services company in an action against former executives for fraud, breach of fiduciary duty and conspiracy. After a six-week jury trial, the jury returned a unanimous verdict for the client and awarded over $72 million in damages.
• Lead trial counsel for global heavy-duty trucks manufacturer in dispute with critical component supplier over untimely deliveries and improper shipping charges.
• Represented a national retailer in contract dispute with overseas supplier involving fraudulent wiring instructions.
• Represented a global leader in providing pre-engineered and custom-engineered air pollution control systems and services in contract dispute against a municipal utility resulting in a landmark Texas Supreme Court opinion on governmental immunity issues.
• Represented an international healthcare services company in several matters relating to contract disputes over outsourced hospital pharmacy management services.
• Represented a leading producer of fiber-based packaging, pulp and paper in a multibillion-dollar environmental civil penalty action brought by local governmental entity.
• Represented a global medical technology company in a multimillion-dollar contract dispute involving diagnostic imaging equipment and related service agreements.
• Represented an engineering, procurement, construction and installation company in an arbitration involving a contract dispute arising from the engineering and construction of an offshore spar serving as the world's deepest dry-tree platform.
• Represented a national operator of drug rehabilitation and mental health treatment centers in dispute with managed care company over reimbursement for toxicology screening services.
• Represented molecular pathology laboratory and shareholders in dispute over purchase and sale agreement.
• Represented group practice specializing in allergy, asthma and clinical ENT services in contract dispute over partnership and employment agreement with retiring shareholder.

Customs and International Trade

• Counseled clients on a variety of U.S. customs issues, including tariff classification, valuation, country of origin determinations, free trade agreements, penalty proceedings and duty-preference programs.
• Represented clients in the preparation and submission of prior disclosures to U.S. Customs and and Border Protection (CBP) and voluntary self-disclosures to the Bureau of Industry and Security of the U.S. Commerce Department and the U.S. Census Bureau.
• Represented a multinational automotive manufacturer in a $42 million civil penalty case involving record-keeping requirements under the North American Free Trade Agreement (NAFTA) and obtained dismissal of all claims,
• Represented a multinational automotive manufacturer in matters seeking duty refunds in connection with drawback claims and reconciliation entries subject to deemed liquidation.
• Represented a manufacturer of ignition and control systems for industrial engines in connection with the preparation and submission of a Prior Disclosure to CBP regarding potential errors in entry documents ("EIN"), tariff classifications and countries of origin.
• Represented a global provider of orthopedic devices in connection with the preparation and submission of a Prior Disclosure to CBP regarding potential errors in entry documents, including incorrect tariff classifications and preferential duty treatment claims.
• Represented a global materials technology and recycling group in connection with the preparation and submission of a Prior Disclosure to CBP regarding potential errors in entry documents including incorrect tariff classifications and valuation, and addressed issues regarding the dutiability of certain assists, use of HTS 9801 and 9802, and temporary importations under bond.
• Represented a plumbing specialty products company in connection with the preparation and submission of a Prior Disclosure to CBP regarding potential violations regarding the application of an antidumping order regarding the importation of steel products from China.
• Represented an importer of heavy-duty modular transporters contesting CBP's decision to alter its classification position without notice as required under 19 USC § 1625(c).

Product Liability

• Represented an international manufacturer of on-highway diesel engines in dispute with fleet customer in one of the first cases tried to a verdict involving U.S. Environmental Protection Agency emissions standards for model year 2004.
• Represented a healthcare services company and employee pharmacists in a wrongful death action arising from an alleged prescription error involving look-alike and sound-alike drug names.
• Represented a manufacturer of portable mechanical ventilators in a wrongful death case alleging that the unit failed to emit audible or visual alarms.
• Represented the manufacturer of a large-volume infusion pump in a case alleging violations of the False Claims Act.

Memberships

• Federal Bar Association
• Houston Bar Association
• Texas Bar Foundation

Community

• City of Sugar Land Planning and Zoning Commission: Chairman

Pro Bono

• Handled several international child abduction cases brought under the Hague Convention on the Civil Aspects of International Child Abduction resulting in final judgments ordering the return of children to their country of habitual residence prior to wrongful removal.
• Handled immigration matters involving political asylum, Special Immigrant Juvenile status, and related administrative and equitable relief.
• Handled eviction cases, probate claims and landlord/tenant disputes for clients in connection with the Houston Volunteer Lawyers Program.