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Practices

About Richard

Richard Whiteley, co-chair of the firm's construction litigation practice group, enjoys solving complex problems for his clients in an adversarial context, and believes an aggressive strategy of always preparing a case like it will ultimately go to trial is the best way to achieve the most favorable outcome. Richard has a wide range of experience in trial work and arbitration, with an emphasis on construction litigation, intellectual property litigation, products liability litigation, real estate litigation, and other types of commercial litigation. Richard has tried and arbitrated cases involving general contractual disputes, patent infringement, construction defects, manufacturing issues, trade secret misappropriation, trademark and copyright infringement, products liability, defamation, fraudulent transfers, real estate disputes, business disputes, deceptive trade practices, personal injury, and premises liability. In addition, Richard has experience with obtaining extraordinary and injunctive relief for clients, including temporary restraining orders, temporary injunctions and other writs.

Experience

Recent Notable Matters

Westlake Chemical — obtained jury verdict of non-infringement for Westlake in a case involving allegations of patent infringement relating to a process for making polyolefin based adhesive resins with damages sought in excess of $30 million

NCI Group Inc. — obtained favorable take nothing judgment for client after a three week jury trial in a case regarding claims of construction defects, products liability, deceptive trade practices, tortious interference and defamation related to sixteen construction projects in Texas, Oklahoma and Florida

Parex Inc. — defended manufacturers of siding materials in jury trial against claims of products liability and obtained take nothing jury verdict for client

Adell, Harriman & Carpenter — successfully defended investment advisor in a jury trial for breach of investment agreement and obtained take nothing judgment

JCBG, Inc. d/b/a West Houston Infiniti — obtained favorable settlement for client in prosecuting claims for defective construction and workmanship against general contractor related to car dealership remodeling and garage construction

Graham Media Group, Houston, Inc. d/b/a KPRC — currently representing local NBC affiliate in dispute regarding defective construction issues on the site of its new broadcast station

OST/Almeda Corridors Redevelopment Authority — representing client in dispute regarding delay and defect in relation to redevelopment of Emancipation Park

City of Port Arthur, Texas — declaratory judgment action seeking to invalidate Bridge City’s extension of its ETJ into Port Arthur

Individual — obtained favorable jury verdict for client in personal injury case that was fifteen times the amount of the final settlement offer

Sandbox Logistics, LLC — obtained summary judgment for client on trademark infringement claim against competitor

Farouk Systems Inc. — obtained favorable settlement for commercial property owner in case alleging defective concrete and foundation in 100,000 square-foot warehouse

Brownsville Public Utility Board — obtained judgment for client denying request for mandamus relating to Texas Public Information request

Overstock.com, Inc. — won a significant jury verdict in a patent infringement suit against plaintiff, Alcatel, marking a rare defense victory in a patent case in the Eastern District of Texas in a suit alleging infringement of e-commerce website technology. Represented client in additional patent infringement cases from the Northern and Eastern Districts of Texas to the District of Delaware.

Baker Hughes Incorporated — obtained favorable settlement for client before the American Arbitration Association in defending against claims of breach of software license agreement related to oilfield technology iPad application

Atlantic Methanol Production Co. — obtained favorable settlement for client before the American Arbitration Association in construction dispute related to methanol facility

Baker Hughes Incorporated — obtained favorable outcome for client at final arbitration hearing relating to dispute involving a cross-license agreement for oil field technology

Prosperity Bancshares, Inc. — trademark infringement matter in Central District of Illinois

Baker Hughes, Inc. — currently represent defendant in a dispute over patent inventorship

Texans Bank — claims relating to fraudulent ACH transfer in the District Court of Harris County, Texas

Northeastern Plastics, Inc. — obtained dismissal for client in patent infringement case in the U. S. District Court for the Eastern District of Texas

Advanced Production and Loading, Inc. — assisted in obtaining favorable settlement for client in patent infringement case in the U.S. District Court for the Southern District of Texas

Tousa, Inc. — participated in trial defending second lien lender clients against claims of fraudulent transfer in the U.S. Bankruptcy Court for the Southern District of Florida

TMC Enterprises, a division of Tasco Industries Inc. — assisted in obtaining favorable settlement for client in patent infringement case v. Autozone Inc., in the U.S. District Court of Central District of California; C.A. Western Division

MBCI, a division of NCI Group, Inc. — successfully prosecuted fraudulent transfer action for client against judgment debtor in Western District of Oklahoma

Enduro Composites Inc. — successfully prosecuted claims for client in case involving defective design and manufacture of automated cable tray assembly system

Publications and Speeches

“Do Contractors Have Blanket Indemnity?” Law360, August 15, 2016

“Effectively Managing Product Issues” IndustryWeek Magazine, June 2015.

Credentials

Education

University of Houston Law Center,
J.D.
1999
magna cum laude
University of Houston,
B.S.
1993
cum laude

Bar Admissions

Texas

Affiliations

Houston Bar Association
State Bar of Texas
Construction Litigation Section
Texas Bar Foundation
The University of Houston Alumni Association Foundation Board
Member
The University of Houston Law Alumni Association Board
Immediate Past President
The University of Houston Law Foundation Board
Member
National Football League Players Association
Contract Advisor

News

Knowledge Center

Noteworthy

Noteworthy

The Legal 500 United States
Construction (including Construction Litigation), 2017; Real Estate and Construction, 2014, 2016
Thomson Reuters
Texas Super Lawyers
Rising Star, 2006, 2009 - 2010
The University of Houston Law Center
Houston Law Review
Publications and Marketing Editor, 1998 - 1999

Events