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Andrew P. Price

Partner

Andrew P. Price

Houston

T:+1 713 651 5141

Andrew Price has spent his entire career helping clients successfully resolve their business disputes.  Whether it is before a state court jury or an arbitration tribunal, Andrew works tirelessly to achieve the best results for his clients.  He has handled numerous cases involving contracts, intellectual property, securities, business torts and professional liability.  He is well versed in dealing with the unique aspects of cases involving partnerships, joint ventures, or the governance of corporations.  Andrew also has significant expertise in handling disputes involving cross-border transactions or foreign law issues.

Andrew is a past recipient of the American Marshall Memorial Fellowship, awarded by the German Marshall Fund to Americans identified as emerging leaders. During his fellowship, Andrew spent six weeks traveling across Europe where he met with leaders and discussed pressing business and political issues.

Andrew has held numerous Firm leadership positions, recently completing a three-year term as the Hiring Partner responsible for attorney employment across the United States.   He currently serves on the Firm's Political Committee.

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  • Education

    JD, honors, The University of Texas School of Law, 1997
    BA, Economics, University of Virginia, 1993

    Andrew is admitted to practice law in the state courts of Texas. He is also admitted to practice in the United States District Courts in Texas, the United States Tax Court, as well as the United States Courts of Appeals for the Third, Fifth, and Federal Circuits.

  • Representative experience

    Arbitration/ADR:

    • Currently defending charterer in SMA arbitration with vessel owner over detention claims
    • Currently handling an ad hoc arbitration for breach of contract caused by recent foreign exchange volatility
    • Handled expert-related issues as part of multi-firm representation of an oil and gas company in a fast track arbitration with its private equity funder - proceeding went from filing to final award in 120 days
    • Recently completed AAA arbitration for major chemical company in dispute with contractor over turnaround work performed under Master Services Agreement
    • Recently resolved AAA arbitration for major chemical company in dispute with its terminated toll operator; Panel bifurcated hearing upon our motion which resulted in our client's counter-claims being heard first - case settled on eve of that first hearing
    • Handled an ICC arbitration for a large privately held chemical company against its former Chinese agent over alleged past due commissions; after two-day hearing, the sole arbitrator rendered an award that the Chinese agent take nothing
    • Successfully resolved an ad hoc arbitration for Texas-based subcontractor involving a defective horizontal directional drill
    • Represented energy trading company in an ad hoc arbitration before accountant of purchase price dispute following stock purchase
    • Handled AAA arbitration for international movie house operator in breach of contract case arising out of lease termination; after two-day hearing, three-person panel rendered an award that was a fraction of claimant's initial demand
    • Represented a CEO in severance dispute with former employer; case settled on favorable terms for the client shortly before a scheduled AAA arbitration


    International Litigation:

    • Defended Asian-based oil and gas service company in federal court in Houston in case alleging misappropriation of competitor's pricing information
    • Represented a Dutch company and its U.S. subsidiary in a licensing dispute with Texas-based licensee
    • Obtained dismissal for a Japanese chemical manufacturer in a dispute over long-term supply contract brought by U.S. distributor
    • Defended a major NYSE traded energy company in a dispute with its local investor over the distribution of profits from a power plant in El Salvador
    • Assisted London Market Insurers in obtaining discovery under 28 USC §1782 in case involving cancellation of Rolling Stones 2014 Australasian Tour
    • Represented electric generation company in contesting 28 U.S.C. §1782 applications seeking to obtain U.S. style discovery in private international arbitration proceeding
    • Defended a Spanish water services company in federal and state court in New York from claims arising from a failed joint venture in Argentina
    • Represented Egyptian-American family in expropriation claims against largest state-owned bank in the Arab Republic of Egypt


    Complex Commercial:

    • Currently representing power generation company in Pennsylvania state court pursuing claims against major utility for failing to deliver natural gas at proper pressure
    • Currently defending major chemical company in suit by buyer of chemical plant in Ohio from claims of fraud
    • Currently representing minority unit holder in chemical company in dispute over how majority distributed $150 million through LLC Agreement's waterfall provision
    • Represented former shareholders of educational software company in earn-out dispute with UK-based buyer
    • Representing wrongfully expelled member of medical service LLC in dispute with other members; after weeklong arbitration, the sole arbitrator found for our client and awarded client over 20 times what he had been offered prior to his expulsion
    • Represented Houston-based scrap dealer in breach of contract dispute over non-delivery of 4,000 tons of scrap
    • Represented minority shareholder of an oil trading company in dispute with majority shareholders; day before trial the Court granted a partial summary judgment for our client which paved way for favorable settlement
    • Defended a major national bank in lender liability action arising out of attempted workout of struggling chemical company, obtained summary judgment on nearly all claims and case settled shortly thereafter
    • Defended a major national bank in a lender liability claim arising out of alleged failure to fund loan to purchase downtown hotel
    • Represented insurance company in dispute with professional services firm over liability for substantial judgment
    • Represented seller of industrial instrumentation against claims of breach of contract and breach of warranty arising out of sale of product to chemical company
    • Defended one of two 50% shareholders in an oil and gas exploration company from charges of shareholder oppression
    • Represented a global consulting firm against fraud and professional liability claims stemming from the installation of a computer software system; plaintiff sought $1 billion in damages; our team obtained a partial summary judgment for the client enforcing limitation of liability clause in the services agreement and the case settled shortly thereafter
    • Represented a foreign insurer in the Eastern District of Texas against claims of breach of contract and bad faith. Convinced the Court to apply Canadian law which precluded bad faith claims; case settled on favorable terms thereafter


    Intellectual Property/Trade Secrets:

    • Represented a German supplier of pipe in dispute with key executive and new competitor over allegations of misappropriation of trade secrets; case involved proceedings in Texas and Germany
    • Represented a major foreign electronics company in patent infringement case involving V-chip technology; case settled on favorable terms for the client two weeks before trial; thereafter, plaintiff sued to recover additional monies claiming breach of the settlement agreement; district court granted our motion for summary judgment and entered a take-nothing judgment; United States Court of Appeals for the Federal Circuit affirmed
    • Represented a major foreign electronics company in a patent infringement suit involving JPEG technology; following a favorable Markman ruling, the case settled


    Securities:

    • Currently representing former directors and officers of oil and gas exploration company from claims by company's bankruptcy trustee
    • Represented a California-based publicly traded company in the travel business as well as its officers and directors against claims of securities fraud
    • Represented publicly traded Houston based oil and gas exploration company against claims by preferred shareholders regarding non-payment of dividends
    • Defended a former CEO in ERISA, derivative and securities fraud actions; obtained dismissal of ERISA suit in its entirety and obtained dismissal of all fraud related claims in the securities case; later, all of the suits were settled on favorable terms for the client


    Trial:

    • Had three-week bench trial for large energy company over propriety of settlement of an underlying joint venture dispute; case settled before beginning of second phase of case
    • Represented at trial a national auto auction company against personal injury claims on theories of premises liability and borrowed servant; jury found no liability and the Court entered a take-nothing judgment
    • Represented at trial a state bank against claims that it mismanaged a family trust; case settled during cross-examination of the plaintiff on favorable terms for the client
    • Defended at trial a property insurance company against claims of breach of contract and bad faith; Court granted a directed verdict for our client at the close of plaintiff's case
    • Obtained take-nothing judgment after bench trial for oil and gas company sued for failing to pay a finder's fee for hiring a senior geologist
    • As an associate, served as a prosecutor for the City of Houston where he tried dozens of cases to jury verdict; as a partner, Andrew managed the Firm's City Prosecutor Program for five years


    Oil and Gas:

    • Currently representing major midstream company in dispute with producer over obligations arising under gathering and processing agreements
    • Currently representing major midstream company in suit brought by producer to terminate long-term contract
    • Currently representing major midstream company in case in South Texas involving scheme by vendors to steal saleable product from the client
    • Represented a Canadian drilling rig manufacturer in dispute with supplier of mud tanks
    • Defended a drilling contractor in dispute over quality of goods and services provided to operator in Louisiana
    • Represented exploration company in dispute over alleged theft of prospect locations in South Texas


    Pro Bono:

    • Appointed by federal judge to represent an inmate who claimed to have been sexually assaulted by a prison guard; conducted discovery and obtained DNA sample from guard that matched evidence from the attack; in a rare occurrence, the state settled the case
  • Admissions
    • Texas State Bar
  • Rankings and recognitions
    • Texas Super Lawyer, business litigation, Thomson Reuters, 2010 - 2018
    • Global Arbitration Review 100 - Global Arbitration Review, Law Business Research Ltd., 2009
    • American Marshall Memorial Fellowship, German Marshall Fund of the United States, 2011
  • Speaking engagements
    • Moderator, "Attorney-Client Privilege: Investigations and International Issues," International Panel, CLE Presentation to Firm Clients, Fall 2008
    • "Dealing with Sovereign Issues in the Context of the Foreign Sovereign Immunities Act", Presented to the Washington, DC Diplomatic Community, June 2006
  • Memberships and activities
    • American Bar Association
    • State Bar of Texas
    • Houston Bar Association
    • Texas Bar Foundation, Fellow
    • Houston Bar Foundation, Continuing Life Fellow
    • Institute for Transnational Arbitration, Advisory Board Member
    • Chartered Institute of Arbitrators - Fellow (FCIArb)
    • Houston Parks Board
      • Board Member (2009 - 2017)
      • Chair of the Governance Committee (2016 - present)
      • Member of the Executive Committee (2016 - present)
    • Houston Parks Board Foundation
      • Trustee (2010 - 2017)
    • Madrugadores Breakfast Club
      • President (2008 - 2009)
    • Citizen Schools Texas Advisory Board (2010-2015)