Dean Z. Pamphilis, the managing partner of the firm’s Houston office, focuses on complex commercial and civil litigation, including defamation litigation, civil rights litigation, real estate litigation, insurance recovery, antitrust litigation, trademark litigation, anti-cybersquatting, securities litigation, premises and product liability, trade secret, covenant not to compete, and appeals. Dean has represented corporations and individuals in the financial services, oil and gas, chemical, consumer product, construction, commercial real estate, securities, e-business, insurance, magazine and pharmaceutical industries. Dean has tried cases involving construction disputes, insurance recovery, trade secrets, securities, broker-dealer firms, and breach of contract in federal court, state court and before the American Arbitration Association, National Association of Securities Dealers and New York Stock Exchange. He has also successfully obtained numerous injunctions in the securities and oil and gas industry.
Dean’s practice also includes corporate law, mergers and acquisitions, licensing and general corporate contracts such as employment agreements, shareholder agreements, operating agreements and distribution agreements.
Work Highlights
- Ryan, a leading global tax services and software provider, in a defamation suit against its former client, USA Today, alleging that Gannett, the parent company of USA Today, committed fraud and unlawfully pocketed Ryan’s fees and that USA Today concealed and distorted facts that show that Ryan works in strict accordance with the law and that courts have ruled in Ryan’s favor on tax refunds that USA Today falsely claimed were frivolous and corrupt. Kasowitz defeated Gannett’s motion to dismiss, motion to transfer venue and special appearance.
- Kelcy Warren, Executive Chairman of the Board of Directors of Energy Transfer LP, in his lawsuit against Texas gubernatorial candidate Beto O’Rourke alleging that Mr. O’Rourke maliciously defamed Mr. Warren by falsely asserting that Mr. Warren committed crimes in making a legal donation to Mr. O’Rourke’s opponent’s campaign.
- Konnech in a defamation lawsuit alleging that the conspiracy group True the Vote, Catherine Engelbrecht and Gregg Phillips defamed Konnech in wrongfully claiming that it is working with the Chinese Communist Party to breach U.S. elections, and is guilty of treason relating to the 2020 election. Among other attacks alleged in the complaint, True the Vote’s leaders admitted to devising a plan to publicly release U.S. poll worker data wrongfully obtained from Konnech’s computers without authorization and then were found in contempt of court and imprisoned for not identifying all of the individuals involved.
- Oportun, an A.I.-driven financial services and technology company, in a Texas trademark and anti-cybersquatting action under the Lanham Act seeking disgorgement of profits, royalties, treble damages and a permanent injunction.
- Mozido, a global provider of trusted digital commerce and payment solutions, in defense of claims brought by Philip Geier, the former Chairman and CEO of Interpublic Group of Companies, who sought to recover an option to buy 1% of Mozido’s stock valued up to $56 million in consideration for board service. The Delaware Chancery Court granted our client’s motion to dismiss all of Geier’s claims against Mozido.
- TPG Global, one of the largest private equity firms in the world, in a Texas action seeking injunctive relief against Adam Levine, former Deputy Press Secretary for George W. Bush, in connection with his alleged breach of a confidentiality agreement. U.S. District Judge John H. McBryde granted an agreed upon permanent injunction against Levine to resolve TPG's lawsuit against him in federal court in Texas. The injunction permanently enjoined and restrained Levine from possessing, disclosing, using, or exploiting TPG’s confidential information. Levine withdrew all claims against TPG in San Francisco federal court, including whistleblower claims, without any payment by TPG for the withdrawal of his claims.
- Douglas Elliman, a national real estate brokerage firm, in defense of nine separate national and regional class action lawsuits seeking billions of dollars for alleged anticompetitive behavior in violation of federal antitrust laws concerning price-fixing of brokerage commissions, resulting in a settlement following the filing of motions to dismiss and our success in defeating a motion to establish an MDL.
- Hall Arts, a commercial real estate developer, in a suit against Hanover Insurance for delay in completion coverage following weather-related damage during the construction of the KPMG office tower in Dallas, Texas resulting in a settlement following a two-week jury trial.
- Strategic Value Opportunities Fund in a direct and shareholder’s derivative action in Delaware Chancery Court challenging a $15 million insider-led promissory note offering of Permian Tank resulting in a settlement shortly before Permian Tank’s bankruptcy, including monetary consideration to SVP and debt restructuring, following issuance of a TRO and a failed attempt by defendants to dismiss SVP’s claims.
- Obtained a complete defense judgment after a lengthy jury trial of a $56 million subrogation suit against a major natural gas plant operator for a plant fire.
- A major chemical manufacturer in a six-week arbitration seeking $22.5 million in damages for breach of a plant operating agreement, resulting in an award of $22.5 million for our client and a complete defense verdict of $65 million in counterclaims.
- Four major chemical industry companies in defense of multi-district litigations brought by thirty major textile manufacturers involving an alleged price-fixing conspiracy in the North American polyester staple fiber market.
- A major pipeline company in purchaser’s termination of service agreements and payments for natural gas based on claimed event of Force Majeure.
- Anderson News, once the second-largest magazine wholesaler in the United States, in an antitrust action alleging a conspiracy among the leading magazine publishers and distributors to boycott Anderson, forcing it into bankruptcy.
- Directors and officers of a publicly traded company for breach of fiduciary duty arising out of the approval of insider-led equity financing rounds which diluted the plaintiffs’ equity ownership in the company.
- An oil and gas company in defense of major suits involving a Mexican drug cartel’s systematic theft of large quantities of petroleum products from Pemex for sale in Texas.
- A borrower, guarantor and affiliated companies in the default of a $72.8 million commercial real estate loan (and associated claims for breach of contract, misappropriation of rents, insurance proceeds and tax impound accounts and waste) and subsequent foreclosure on a 2,700-unit apartment complex in Houston, Texas.
- A borrower, guarantor and affiliated companies in the default of a $15.7 million commercial real estate loan (and associated claims for breach of contract, fraud, tortious interference and civil conspiracy) and subsequent foreclosure on an apartment complex in Houston, Texas.
- A major homebuilder in defense of homeowner suits for alleged faulty construction resulting in a judgment of no liability for our client.
- An oil and gas services company in defense of a mass tort lawsuit resulting from the rupture of a natural gas pipeline in Edison, New Jersey.
- The prosecution of fraud claims related to the sale of securities resulting in a judgment for all damages sought for our client.
- Celanese Chemicals in defense of over 600 claims for personal injury and property damages resulting from the alleged airborne release of toxic chemicals from a hazardous waste dump, resulting in a complete dismissal.
- The prosecution and defense of numerous suits for injunctive relief involving theft of trade secrets and violation of covenants not to compete in the oil and gas, chemical and financial services industries.
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