Thomas A. Donaho

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.

Pro Bono

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