October 21, 2021

Volume XI, Number 294


Michael D. Morfey

Michael is co-lead of the firm’s energy litigation practice group, and handles high-stakes cases and trials across the spectrum of commercial litigation with an emphasis on energy, banking, real estate and construction matters.

He has succeeded in cases covering the full range of industries and has particular experience defending clients in high-risk mass plaintiff and class action litigation, including matters involving claims of breach of contract, negligence, fraud, tortious interference, breach of fiduciary duty, trespass, nuisance and other torts. Whether prosecuting or defending claims, Michael brings an aggressive approach designed to achieve maximum results.

Michael's courtroom experience separates him from his peers and mirrors his broad-based practice. He has tried cases at every court level in Texas where a civil case can be tried—state justice court, county court, and district court, as well as federal district court, and federal bankruptcy court. His skill as a courtroom advocate has caused him to be hired shortly before the start of trial to assume the lead counsel role.

Michael has substantial experience both prosecuting and defending proceedings involving requests for extraordinary relief, such as temporary restraining orders and injunctions. These cases play to his strengths as they are often fast-paced and hinge on the presentation of live evidence to the court.

Michael is equally comfortable representing clients in arbitration when the parties have agreed to resolve disputes outside of the courthouse.

Representative Experience

  • Lead counsel defending E&P company in federal putative class action cases regarding earthquakes in Oklahoma allegedly related to operation of saltwater injection wells.
  • Lead counsel for one of the largest shale gas producers in federal putative class action involving over 20,000 putative class members suing for underpaid oil and gas royalties. Case was won on summary judgment without a class being certified.
  • Lead trial counsel for publicly traded company bringing false advertising claims under Lanham Act against manufacturer of competing consumer product. Jury found in favor of client on all claims, awarded damages, and determined the competing company’s false claims were malicious, thereby allowing for recovery of attorney’s fees.
  • Lead trial counsel for NASDAQ-traded technology company and its CEO in breach of fiduciary duty case brought by former sales executive. Case settled favorably to clients after jury selection and opening statement.

Articles in the National Law Review database by Michael D. Morfey