Thomas A. Donaho

Partner

Denver
T +1.303.764.4090
F +1.303.861.7805
Houston
T +1.713.276.1668
F +1.713.751.1717

Overview

Tom Donaho is a first-chair litigator with a focus on handling complex commercial disputes in both state and federal court. He has specific experience litigating contract matters, employment actions, regulatory enforcement actions, business torts and real estate disputes. He also has significant experience advising and assisting clients with respect to risk management and compliance issues. As a subject matter expert on indemnity and insurance, Tom is relied upon by clients across the country to develop contracts that serve risk allocation needs through indemnity and insurance protections.

Tom also serves as policy lead and subject matter expert with respect to carbon capture, utilization and sequestration (CCUS) law. In that role, Tom regularly presents and publishes on emerging issues relating to CCUS regulations and incentives.

Select Experience

Litigation

  • Lead trial counsel for owners of venture-backed startup company in FTC enforcement and contempt action. Successfully defeated claims and requests for damages in excess of $100 million asserted by the FTC after two-week trial.

Indemnity and Contractual Risk Management

  • Assisted oilfield operator in navigating series of indemnity demands arising from personal injury actions, property damage actions and regulatory agency investigations.

Compliance

  • Advised publicly-traded company on necessary elements of comprehensive ethics and compliance program, including with respect to policies, practices and guidelines under the legal, accounting and human resources departments.
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Experience

Litigation

  • Lead trial counsel for owners of venture-backed startup company in FTC enforcement and contempt action. Successfully defeated claims and requests for damages in excess of $100 million asserted by the FTC after two-week trial.
  • 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 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.
  • Regularly represents clients in connection with breach of fiduciary duty actions involving executive malfeasance and/or conflict-of-interest transactions.
  • Regularly represents clients in connection with disputes regarding the conduct and rights of trustees and trust beneficiaries under written trust agreements.
  • Represented global heavy-duty trucks manufacturer in dispute with critical component supplier over untimely deliveries and improper shipping charges.
  • Represented nationally recognized financial services company in multidistrict theft of trade secrets litigation against industry competitor.
  • Represented property owner in land use and environmental litigation concerning property in TCEQ voluntary cleanup program.
  • Represented client with respect to environmental claims arising from abandoned Wisconsin sand mine and production facility.
  • Represented company in a series of lawsuits against former employees that misappropriated trade secrets to create competing business.
  • Represented company in lawsuit arising from former employee’s breach of noncompete and nonsolicitation clauses contained in employment contract.
  • Represented an exploration and production company in arbitrations involving damage to offshore platforms.
  • Represented a commercial equipment manufacturer in a dispute concerning alleged equipment failure and economic loss resulting therefrom.
  • Counseled 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

  • Assisted oilfield operator in navigating series of indemnity demands arising from personal injury actions, property damage actions and regulatory agency investigations.
  • Served as indemnity counsel to oilfield exploration and production company in connection with indemnity demands arising from FLSA dispute.
  • Assisted oilfield services company in responding to indemnity demands and negotiating with insurance carriers in relation to multi-party personal injury lawsuit.
  • Routinely assists clients in evaluating and responding to indemnity demands.
  • Advised insurance carrier on application of Texas anti-indemnity acts to contractual indemnity provisions.
  • Represented an oilfield services company in a contract dispute concerning indemnity obligations specified in an equipment supplier agreement.
  • Represented oilfield service company in litigation over contractual indemnity obligations following personal injury lawsuit.
  • Provided professional training to 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.

Compliance

  • Advised publicly-traded company on necessary elements of comprehensive ethics and compliance program, including with respect to policies, practices and guidelines under the legal, accounting and human resources departments.
  • Provided guidance to clients regarding FTC investigation and compliance with the FTC Act.
  • Advised client on compliance with environmental, health and safety regulations on worksites across various jurisdictions.
  • Advised client with respect to reporting obligations under Section 13 of the Exchange Act.

Recognitions and Memberships

Pro Bono

  • Estate planning
  • Ad Valorem Tax Disputes
  • Friends of the Boundary Waters Wilderness

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
  • U.S. District Court, District of Colorado
  • Texas
  • Colorado

Education

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

Blog

In The Blogs

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Pillar and Post: Energy Law in the 21st Century
Litigation over Injection Wells Threatens to Stall Carbon Sequestration Project in Louisiana
By Thomas A. Donaho
October 25, 2022
As carbon capture and sequestration (CCS) projects proliferate across America, hints of conflict around the relatively new and large-scale business endeavors are beginning to appear. On Tuesday, Oct. 18, international chemical company Air...
Read More ->
Pillar and Post: Energy Law in the 21st Century
Governor of Indiana Signs New Carbon Capture Bill
By Thomas A. Donaho
October 5, 2022
Indiana is the most recent state to build out a regulatory structure in anticipation of significant carbon capture, utilization and sequestration (CCUS) project deployment. Last week, Governor Eric Holcomb signed into law H.R. 1209, which...
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Pillar and Post: Energy Law in the 21st Century
Inflation Reduction Act Provides Boost and Benefits to Carbon Capture Utilization and Storage Industry
By Thomas A. Donaho, L. Poe Leggette, John R. Lehrer II
August 25, 2022
The newly passed Inflation Reduction Act of 2022 (IRA) is poised to transform the carbon capture utilization and storage (CCUS) industry through significant tax credits and benefits, including through enhancements to Section 45Q of the...
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Pillar and Post: Energy Law in the 21st Century
Fifth Circuit Rules Texas Choice-of-Law Provision Cannot Save Indemnity Agreement from Wyoming Anti-Indemnity Act
By Thomas A. Donaho
January 5, 2022
Throughout the oil patch, it has become common for parties to enter into agreements that contain Texas choice-of law-provisions, regardless of where the work is being performed or the extent of the parties’ sometimes tenuous relationship...
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