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About Brad

For nearly 20 years, Brad Benoit has maintained a practice that serves both plaintiffs and defendants, something that sets him apart from many other litigators. This balance helps him see both sides of a case more clearly and provide his clients with a broader approach to complex commercial litigation. Following along with Bracewell's core strengths, Brad focuses on representing clients in energy-related litigation, securities/derivative litigation, and bankruptcy-related litigation.  

In energy disputes, Brad has represented virtually every area of the oil and gas and power industries, including E&P companies, pipeline companies, drilling companies, refiners, chemical plants, power plant owners, private equity investors, and oilfield service and supply companies. His securities and derivative litigation experience includes defending claims to enjoin M&A transactions, defending federal securities claims, and defending claims of breach of fiduciary duty. In bankruptcy-related litigation, Brad has represented debtors and creditors in complex commercial litigation, including representing litigation trusts in claims against former equity owners, directors and officers of insolvent entities.

Experience

Recent Notable Matters

ASARCO LLC — Sterlite agreed to buy ASARCO’s assets out of bankruptcy and reneged. The case went to trial where it was established that Sterlite had breached, and a $132.75 million damage award was obtained.

ASARCO LLC — Prevailed in the U.S. Supreme Court on behalf of ASARCO in a dispute over whether a Bankruptcy Code provision authorized Baker Botts LLP to recover legal fees that it incurred in litigating against ASARCO over its bankruptcy fees. Bracewell’s appellate attorneys briefed and argued the case in the Supreme Court. The Supreme Court ruled in ASARCO’s favor and resolved a significant legal issue that applies in every bankruptcy in the country.

Southern Copper Corporation — defending client and certain members of its board of directors in shareholder derivative class action complaint asserting alleged breach of contract and alleged breach of fiduciary duties

Pier 1 Imports, Inc. (Town of Davie Police Pension Plan v. Pier 1 Imports, Inc. et al.) — representing the defendant and its CEO in a putative class action for securities fraud

FX Energy, Inc. — successfully defended company and its board of directors in derivative litigation in Nevada and Utah seeking to enjoin merger

BFW Liquidating, LLC — obtained favorable settlement for liquidating trustee of former Alabama-based grocery store chain in claims against former owner and former directors and officers for fraudulent transfers, preferential transfers and breach of fiduciary duty

Buffets, Inc. — obtained favorable settlement on behalf of litigation trustee of Minnesota-based restaurant chain for fraudulent transfers, illegal dividends, and breach of fiduciary duty

Privately held natural gas storage company — obtained $44 million settlement for private equity owner of gas storage facilities against former owners

International exploration and production company — $10 million arbitration over disputed day rate charges for deepwater drilling rig operating in Gulf of Mexico

Credentials

Education

The University of Texas School of Law,
J.D.
1999
with highest honors
Rice University,
B.S.
1996

Bar Admissions

Texas

Affiliations

Houston Urban Debate League
Board Member, 2013 - 2016
State Bar of Texas
Houston Bar Association
Texas Bar Foundation
Life Fellow

News

News

Texas Super Lawyers 2013 Recognizes Thirty-Nine Bracewell Attorneys

August 19, 2013
Texas Super Lawyers, Thomson Reuters

Noteworthy

Noteworthy

The Legal 500 United States
Energy Litigation: Oil and Gas, 2017; Energy: Litigation, 2015
Euromoney PLC
Benchmark Litigation
Texas Future Star, 2013 - 2015
Thomson Reuters
Texas Super Lawyers
2013 - 2017
Thomson Reuters
Texas Super Lawyers Rising Stars
2004 - 2012
The University of Texas School of Law
Order of the Coif
The University of Texas School of Law
Texas Law Review
The University of Texas School of Law
Chancellors (Clerk)