Balcom Law Firm, PC
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Balcom Law Firm | Texas

Commercial Law

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Balcom Law Firm attorneys have many years experience representing major mortgage companies, national banks and businesses in the following areas:

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Balcom Law Firm, PC
8584 Katy Freeway, Suite 305
Houston, Texas 77024
Ph: 713-973-9900
Fax: 713-464-8553
Toll: 1-800-605-7202




Texas Commercial Law Firm

Attorneys

Gregory A. Balcom - President
Hutson Smelley - Associate
Pat Murphy - Associate
Thomas D. Pruyn - Associate
Michael P. Lin - Associate
Matthew T. Wright - Associate
Sonya Rogers-Blyden - Of Counsel
John Wesley Wauson Jr. - Of Counsel
Matthew Brian Probus - Of Counsel



Hutson Smelley  


PROFESSIONAL EXPERIENCE:

Mayer, Brown, Rowe & Maw LLP, Houston, Texas

August 1999 to December 2007

•  Litigation associate with experience in several areas of commercial law, including Bankruptcy, Construction Law, Insurance Coverage, Oil & Gas, Landlord/Tenant, Personal Injury, Business Torts, and Commercial Transactions.

•  Experience in all aspects of discovery and motion practice, mediations, domestic and international arbitrations, bench and jury trials, and appellate proceedings. Some highlights include:

•  Briefed and argued successfully a habeas corpus appeal before the Seventh Circuit Court of Appeals.

•  Recently tried to a successful verdict the last jury trial in the old Harris County Courthouse.

•  Recently prevailed in a bench trial asylum case.

•  Briefed successful appeals to the Fifth Circuit and Texas Supreme Court.

•  Selected as a Texas Rising Star in 2005, 2006 and 2007.

 

University of Houston and area community colleges

August 1994 to May 1999

•  Taught various courses in mathematics and computer programming at the University of Houston and local colleges.

•  Awarded Faculty Service Award from North Harris Montgomery Community College for quality instruction.

 

EDUCATION:

University of Houston Law Center, Houston, Texas

•  J.D., May 1999 (top 15%).

•  Admitted to practice in Texas, the Southern and Northern Districts of Texas, the Eastern District of Wisconsin, the Fifth and Seventh Circuit Courts of Appeals.

 

Texas A&M University, College Station, Texas

•  M.S. Mathematics, December 1994 (GPA 3.87).

•  Taught undergraduate math courses as a graduate student.

 

University of Houston, Houston, Texas

•  B.S. Mathematics, May 1993 (GPA 3.56).


INTERESTS:

•  Church and family activities.

•  Restoring and driving antique and exotic automobiles.

REPRESENTATIVE EXPERIENCE DETAIL

•  Natural Gas Compressor Fire Litigation. We represented the Lessee in dispute related to a leased defective natural gas compressor in Texas state court. Case was tried successfully to a jury and our client was awarded damages for replacement of the compressor and attorneys' fees.

•  Domestic AAA Arbitration. We represented a law firm in a fee dispute that arose with its client over the enforceability of a contingency fee agreement after the law firm won a substantial judgment for the client after trial in the Southern District of Texas. All three arbitrators found in our client's favor, awarding all damages due under the contract plus attorneys' fees. The Panel ruled that our client law firm was fraudulently induced into entering the contingency fee agreement.

•  Habeas Corpus Appeal. Appointed by Justice Richard Posner to represent a client who was granted a certificate of appealability. Briefed and argued before the Seventh Circuit Court of Appeals and prevailed.

•  International Telecommunications Agreement Arbitration. We represented the respondent in an ICDR arbitration concerning the interpretation of an international telecommunications agreement. This matter settled favorably.

•  Wage And Hour Disputes. Represented large retailer in multiple wage and hour class action disputes. Drafted oppositions to requests for class certification (several victories).

•  Alaskan Gas Supply Arbitration. We won a substantial award on behalf of the Canadian owner of a major fertilizer plant in Alaska in ICDR arbitration and litigation in California state court against its supplier of natural gas feedstock arising out of the agreement for the purchase and sale of the plant and the related gas-supply contract.

•  Immigration Asylum Case. Represented Egyptian man seeking asylum in the United States on the basis of religious persecution. Case was tried to the immigration judge and asylum was granted.

•  Restaurant Contract Litigation. Represented client in suit against restaurant chain to recover on breach of contract for the purchase of dining credits. Settled favorably at mediation.

•  AAA Oil And Gas Arbitration. We represent an oil and gas company that sold its New Mexico assets and is being sued by the buyer for alleged title defects in certain of the mineral leases.

•  South American Company v. Central Asian State-Owned Company. International Chamber of Commerce Arbitration. Represented state and state-owned exploration, production entities in two arbitrations under English law, sited in Houston and Stockholm, arising out of two joint ventures between host government entities and a foreign oil company for the exploitation of oil and gas properties. The amount in controversy was over $US 3 billion. The result was a series of awards finding state-owned companies and state party liable but damages were only a fraction of the claimed amount.

•  AMI Clause Litigation. We represent a large energy company in a dispute over the scope of the area of mutual interest provision in a 1971 joint operating agreement covering lands in Montana. The suit is pending in the U.S. District Court for the Southern District of Texas.

•  Preferential Rights Litigation. We are co-counsel for a party to a joint operating agreement who was not offered an opportunity to purchase when another party to the agreement sold its interest. The suit is pending in state court in Pennsylvania.

•  Oil And Gas Bankruptcy. We represent a creditor who purchased a substantial portion of the Debtor's assets prior to the bankruptcy for approximately $1 billion. The bankruptcy is filed in the Southern District of New York.

•  Insurance Coverage Litigation. We represented the insured in an insurance coverage declaratory judgment action in connection with a state court lawsuit alleging $40 million in damages caused by the insured's plant turnaround services. The suit was filed in the Southern District of Texas.

•  Roof Collapse Litigation. We represent the plaintiff owner of a 650,000 square foot warehouse building in a suit against the sellers, designers and builders seeking to recover damages arising out of a catastrophic collapse of over 43,000 square foot of the roof .

•  Roof Defect Litigation. Represented property owner of numerous warehouse buildings in California with defective roofs. Case filed in California state court and settled favorably.

•  Apartments Defect Case. Represented apartment complex owner in a foundation defect case in Bexar County, Texas. Case settled favorably on the eve of trial.

•  Construction Defect Case. Represented plaintiff general contractor in a breach of contract case related to several public projects done for the City of Austin. Case settled favorably after mediation.

•  Insurance Coverage Litigation. Represented insured in insurance coverage declaratory judgment action brought by the insurance company in the United States District Court for the Southern District of Texas. The case settled with the insurance company paying the entire settlement reached in the underlying litigation involving a damage claim of approximately $40 million.

•  Bankruptcy Preference Litigation. Represented national hotel chain in multiple preference lawsuits in several jurisdictions. Most cases settled for less than 10% of the amount sought by the plaintiffs.

•  Bankruptcy Creditor Litigation. Represented secured lender-creditor in two adversary actions in bankruptcy court in Corpus Christi. Routinely represent creditors in bankruptcy courts in several jurisdictions, including bankruptcy courts in California, Delaware, New York and Texas.

•  Collection On Securitized Loan. Represented lender in a deficiency suit in the U.S. District Court for the Northern District of Texas, prevailed on summary judgment on liability, and damages awarded after a bench trial. The judgment was affirmed on appeal to the United States Court of Appeals for the Fifth Circuit.

•  Collection On Securitized Loan. Represented lender in a deficiency suit on a non-recourse loan secured by a set of apartments destroyed by a fire. We brought suit on a common law waste theory and settled favorably after mediation.

•  Toxic Tort. Represented chemical manufacturer i n the United States District Court for the Southern District of Texas and settled very favorably after demonstrating plaintiff's perjury in deposition testimony.

•  Toxic Tort. Represented chemical manufacturer in the United States District Court for the Southern District of Texas. Case settled with plaintiff paying our client's fees.

•  Mortgage Contract Litigation. Represented lender in suit brought by flood victim alleging that the lender agreed to pay flood insurance premiums but failed to do so. Case settled with plaintiff paying our client's fees.

•  Bankruptcy (Debtor). Represented debtor, owner of approximately 70 gas stations, i n the United States Bankruptcy Court for the Southern District of Texas.

•  Securities Litigation. Represented large accounting firm in securities fraud class action in Galveston County, Texas.

Car Rental Agreement Litigation. Represented national car rental company whose form agreement was found to be ambiguous by the Houston Court of Appeals (en banc). We were hired to appeal to the Texas Supreme Court, which overturned the Court of Appeals.

Designated by the Martindale Hubbell Bar Register as one of the Pre-Eminent Law practices in the United States