Thomas A. Donaho

Associate

Houston
T +1.713.276.1668
F +1.713.751.1717

Overview

Tom Donaho focuses his practice on complex commercial and business litigation. He has experience representing clients in a wide range of contract matters, business torts and real estate disputes. A powerful advocate for his clients in the courtroom, Tom has developed a reputation for efficiently and effectively handling complex litigation disputes.

Tom also has specific experience advising and assisting clients in the energy industry with respect to contractual risk management. He often works with energy companies to develop contracts that serve risk allocation needs through indemnity and insurance protections. He has extensive experience navigating oilfield anti-indemnity statutes across the country, including the Texas Oilfield Anti-Indemnity Act, and regularly gives CLE presentations on the topic.

Select Experience

  • Member of trial team that obtained a unanimous jury verdict after a six-week trial with actual damages of $72 million. The client, Plaintiff, is a publicly-traded oil and gas services company that filed suit against former executives for breach of fiduciary duty, fraud, and conspiracy. The executives’ scheme involved kickbacks in domestic and international transactions as well as numerous efforts to conceal their behavior from compliance and audit.
  • Represented an oilfield services company in commercial litigation concerning alleged equipment failure and damages resulting therefrom.
Indemnity and Contractual Risk Management Experience
  • Served as indemnity counsel to oilfield exploration and production company in connection with indemnity demands arising from FLSA dispute.
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Experience

  • Member of trial team that obtained a unanimous jury verdict after a six-week trial with actual damages of $72 million. The client, Plaintiff, is a publicly-traded oil and gas services company that filed suit against former executives for breach of fiduciary duty, fraud, and conspiracy. The executives’ scheme involved kickbacks in domestic and international transactions as well as numerous efforts to conceal their behavior from compliance and audit.
  • Represented an oilfield services company in commercial litigation concerning alleged equipment failure and damages resulting therefrom.
  • Represented heavy-truck manufacturer in contract dispute with foreign supplier concerning delivery failures.
  • Assisted a heavy equipment manufacturer in defending against strict liability and negligence claims.
  • Represented an exploration and production company in arbitrations involving damage to offshore platforms.
  • Represented an equipment manufacturer in collecting unpaid and/or overdue bills owed.
  • Represented a commercial equipment manufacturer in a dispute concerning alleged equipment failure and economic loss resulting therefrom.
  • Counseled an oil and gas client in connection with Chapter 11 bankruptcy proceedings. Representation included an investigation concerning preference actions, secured claims and adversary proceedings.
  • Regularly represents contractors and operators alike with respect to contract risk management, well blowouts, onshore and offshore drilling, drafting of commercial oilfield service agreements, joint operating agreements, catastrophic personal injury, exploration, completion, insurance disputes, and bankruptcy.
Indemnity and Contractual Risk Management Experience
  • Served as indemnity counsel to oilfield exploration and production company in connection with indemnity demands arising from FLSA dispute.
  • Assisted oilfield operator in navigating series of indemnity demands arising from personal injury actions, property damage actions, and regulatory agency investigations.
  • Represented an oilfield services company in a contract dispute concerning indemnity obligations specified in an equipment supplier agreement.
  • Advised insurance carrier on application of Texas anti-indemnity acts to contractual indemnity provisions.
  • Represented oilfield service company in litigation over contractual indemnity obligations following personal injury lawsuit.
  • Retained to train insurance carrier’s underwriters on how to evaluate potential risk arising from contractual indemnity agreements in the energy industry.
  • Regularly assists clients in restructuring indemnity provisions in their Master Service Agreements to serve risk allocation needs.
  • Drafted oilfield indemnity handbook utilized by practitioners throughout the industry.

Recognitions and Memberships

Community

  • City of Spring Valley Village (Elected to City Council in 2017)
  • Duke University Young Alumni Development Council

Pro Bono

  • Estate planning
  • Ad Valorem Tax Disputes

Industries

Prior Positions

  • Harris County District Attorney's Office: Intern (2010)

Admissions

  • U.S. District Court, Northern District of Texas, 2013
  • U.S. District Court, Southern District of Texas, 2012
  • Texas

Education

  • J.D., The University of Texas School of Law, 2011; Editorial Board, The Review of Litigation
  • A.B., Political Science, Duke University, 2008