Jeff Oldham has presented oral argument in the U.S. Supreme Court, Texas Supreme Court, federal appellate courts nationwide, and state courts of appeals throughout Texas. He is a board-certified appellate specialist who has handled significant matters in a wide variety of subject matter areas, with a particular emphasis on energy, complex commercial litigation, and intellectual property. He also regularly works with trial counsel to formulate pretrial and trial strategy, write dispositive motions, prepare jury charges, preserve error at trial, and handle post trial proceedings. Jeff was recognized by Law360 as a 2015 MVP of the Year selection in appellate law and is listed for his appellate practice in multiple national publications.
Before entering private practice, Jeff served as a law clerk to Chief Justice William H. Rehnquist of the U.S. Supreme Court and to Judge J. Harvie Wilkinson of the U.S. Court of Appeals for the Fourth Circuit. He also served as Counsel to the Attorney General in the U.S. Department of Justice.
Recent Notable Matters
Baker Botts L.L.P. v. ASARCO LLC, 135 S. Ct. 2158 (2015) — 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. Presented oral argument and led the team briefing the case in the Supreme Court, which ruled in ASARCO’s favor and resolved a significant legal issue that applies in every bankruptcy in the country.
Branzan Alt. Inv. Fund, LLP v. The Bank of New York Mellon Trust Co., 2017 WL 655408 (10th Cir. 2017) — Successfully defended a major banking and trust company on appeal after the dismissal of a class action lawsuit brought against the company, which served as trustee of an oil and gas royalty trust, on behalf of trust unitholders. Presented oral argument and led the team briefing the case in the Tenth Circuit.
Aspire Commodities LP v. GDF SUEZ Energy N.A. (ENGIE), 640 F. App’x 358 (5th Cir. 2016) — Successfully defended GDF SUEZ on appeal in a first-of-its-kind case that involved novel legal and regulatory issues and that Law360 recognized as one of its Biggest Energy Rulings of 2016. Presented oral argument and led the team briefing the case in the Fifth Circuit in defending dismissal of the case.
Cardoni v. Prosperity Bank, 805 F.3d 573 (5th Cir. 2015) — Prevailed in substantial part on appeal from an adverse temporary injunction ruling in a dispute with former employees over enforcement of the parties’ noncompete and nonsolicitation agreements. Presented oral argument and led the team briefing the case on behalf of Prosperity Bank in the Fifth Circuit.
Hourani v. Mirtchev, 796 F.3d 1 (D.C. Cir. 2015) — Prevailed on appeal in defending the dismissal of RICO claims alleging extortion and money laundering against Bracewell’s clients. The case addressed significant issues about the application and extraterritorial effect of RICO and the scope of the act-of-state doctrine. Led the team briefing the case in the D.C. Circuit.
Forest Oil Corp. v. El Rucio Land and Cattle Co., 2017 WL 1541086 (Tex. Apr. 28, 2017) — Successfully defended, in both the court of appeals and on the merits in the Supreme Court of Texas, the confirmation of an arbitration award of more than $27 million arising out of environmental contamination claims.
Bixby v. KBR, Inc., 603 F. App’x 605 (9th Cir. 2015) — Prevailed on appeal from an $80 million judgment against KBR arising out of claims alleging exposure to sodium dichromate by 150plus National Guardsmen at a watertreatment facility in Iraq. The Ninth Circuit resolved the case in KBR’s favor just a week after oral argument, reversing a roughly $80 million judgment in its entirety based on lack of personal jurisdiction. Bracewell also represents KBR in cases involving similar issues in other appellate and district courts.
Phillips v. Carlton Energy Grp., LLC, 475 S.W.3d 265 (Tex. 2015) — Successfully defended on appeal a judgment in favor of Carlton Energy Group in a large business dispute involving breach of, and tortious interference with, contracts regarding a gas lease. The trial court signed a judgment of approximately $50 million in Carlton Energy Group’s favor, which the Supreme Court of Texas ultimately affirmed. The case is pending on remand in the court of appeals.
Elizondo v. The Krist Law Firm, 415 S.W.3d 259 (Tex. 2013) — Prevailed on appeal, including in the Supreme Court of Texas, in defending the dismissal of a significant legal malpractice case.
Indemnity Ins. Co. of N.A. v. W&T Offshore, Inc., 756 F.3d 347 (5th Cir. 2014) — Obtained reversal of a district court’s dismissal of claims brought by W&T Offshore against its excess insurers over damages arising out of Hurricane Ike.
Funeral Consumers Alliance, Inc. v. Serv. Corp. Int’l, 695 F.3d 330 (5th Cir. 2012) — Prevailed on appeal on behalf of SCI in an antitrust suit alleging damages in excess of $1 billion, successfully defending the district court’s rulings denying class certification and dismissing most of the individual claims.
Hagy v. Equitable Prod. Co., 541 F. App’x 316 (4th Cir. 2013) — Prevailed on appeal on behalf of a Baker Hughes subsidiary in a frackingrelated lawsuit, obtaining affirmance of a take nothing judgment for the client.
AlcatelLucent USA Inc. v. Overstock.com, 505 F. App’x 957 (Fed. Cir. 2013) — Successfully defended Overstock.com, including in the Federal Circuit, against a patent infringement suit, which resulted in a judgment finding no infringement and invalidating certain patent claims.
Publications and Speeches
“Percolating Appellate Conflicts Among The Texas Appellate Courts: Challenges for Trial Advocacy,” State Bar of Texas Advanced Civil Trial Course, 2017
"Percolating Texas Appellate Conflicts: Challenges for Justices," Texas College for New Judges, December 2016.
"Arguing Before the Supreme Court: Texas Advocates Discuss Their Recent Experience," Federal Bar Association, Southern District of Texas Chapter, August 2015.
"U.S. Supreme Court Cases That Will Affect Your Practice: Reviewing the 2014 Term and Previewing the 2015 Term," Houston Bar Association Appellate Section - Supreme Court Update, October 2015.
"Legal Malpractice Damages," State Bar of Texas Damages in Civil Litigation Course, 2015.
"Percolating Texas Appellate Conflicts: Challenges for Justices," Texas College for New Judges, December 2014.
"Conflicts Among the Courts of Appeals: Challenges for Judges and Practitioners," State Bar of Texas Advanced Civil Appellate Course, 2014.
"Jury Charge Practice in Personal Injury Cases,” State Bar of Texas Advanced Personal Injury Law Course, 2014.
"Avoiding Class Arbitrations: Italian Colors And Beyond," State Bar of Texas Litigation Section’s The Advocate, Winter 2013.
"Mandamus Trends," State Bar of Texas Advanced Civil Appellate Course, 2013.
"Judge Mike Wood: Volunteering for the Line of Duty," The Houston Lawyer, July/August 2013.
"Judging Volunteers: The Hon. Jennifer Walker Elrod," The Houston Lawyer, May/June 2013.
"Federal Jury Charge Practice: A Guide to Handling Jury Charges in Federal Courts," State Bar of Texas Appellate Section’s Appellate Advocate, Summer 2013.
"Deciding Where Patent Malpractice Actions Belong," Law360, October 2012.
"State v. Federal Jury Charges," State Bar of Texas Advanced Civil Appellate Course, 2012.
"Mandamus Trends," State Bar of Texas Advanced Civil Trial Course, 2012.
Board Certified, Civil Appellate Law, Texas Board of Legal Specialization