Randall Foret - Houston, TX

Randall (“Randy”) Foret is a legal advisor to companies that operate in the energy / renewable energy, energy trading, maritime, financial services and cryptocurrency sectors. In addition to his broad experience as a trial lawyer in those industries, Randy is an experienced general counsel and compliance officer. As the former General Counsel / Chief Compliance Officer for a large Bitcoin mining company (from its inception to its acquisition), Randy provided legal advice to the owners and executive officers, supervised the HR department, assisted with drafting and managing contracts, handled regulatory-related issues, managed ongoing litigation and assisted in the development of one of North America’s largest Bitcoin mining facilities.

Randy is also a founding member of Foret Plasma Labs, LLC (“FPL”), a renewable energy company that has been issued over 125 worldwide patents for developing an efficient and cost effective means to couple water treatment, steam generation and gasification / thermal oxidation into one processing unit. Randy assisted FPL as its outside General Counsel by developing contract templates and learned to operate the high temperature equipment so that it could be demonstrated for clients.

Randall’s career includes first-chair trial experience across a wide range of litigation areas, including securities, energy, employment, intellectual property, and maritime law. He has successfully defended and prosecuted complex cases in federal and state courts, arbitrations, and regulatory forums.

Prior to attending law school, Randy attended a drilling fluids program sponsored by Halliburton in Houston, Texas. After graduating at the top of his class, Randy was assigned to California to work on a variety of drilling rigs operating in the Santa Barbara Channel. Randy also had the opportunity to work on a variety of offshore drilling rigs operating in the Gulf of Mexico.

Core Skills:

Litigation (1st chair / attorney-in-charge)

• Real Estate – HOA, home warranty and commercial contract disputes.
• Securities - MDL, FINRA, SEC enforcement and SOX “whistleblower” disputes.
• Employment - Title VII, ADA, ADEA, FLSA, FMLA and non-competes disputes.
• Energy - MSAs, trespass to title and royalty disputes.
• Intellectual Property - patent, trademark, copyright and trade secrets disputes.
• Maritime litigation - Jones Act, allision / collision and contract (vessel arrest) disputes.

Regulatory & Compliance

• Represented clients in SEC and state enforcement actions.
• Represented clients in CFTC, DOJ, DOL, EEOC & OSHA investigations.
• Developed and managed an AML/KYC compliance program.
• Chief Compliance Officer and Bank Secrecy Officer for large Bitcoin mining facility.

Startup & Project Development

• Managed legal / regulatory functions of Bitcoin mining facility from inception to acquisition.
• Founding member of renewable energy company with 125 worldwide patents.

Notable Cases

• VOC Brazos Energy Partners, L.P. v. Woodbine Acquisitions, L.L.C., et al. (Cause No. 12-002620-CV- 361, 361st Judicial District Court, Brazos County, TX (2017)): Drafted and successfully argued MSJ on behalf of non-operated working interest owners in trespass to title case in horizontal drilling project.
• Russell Marine vs. Goodloe Marine (U.S.D.C. For E.D. of TX [No. 15-CV-426 (2016)]): Successfully argued Motion for Attachment of dredging barges resulting in settlement of contract dispute.
• Pajak Consulting vs. Ecopetrol America, Inc. (U.S.D.C. for N.D. of TX [Civil Action No. 4:14-CV-02778 (2015)]): Successfully argued Motion to Dismiss defendant’s counterclaims which resulted in immediate resolution of breach of MSA claim in favor of client who performed oil & gas consulting work in Colombia.
• Vern Siemens vs. Mullins & White Exploration, Inc. (ICDR # 50 180 T 00526 08 (2010)): Obtained arbitration award for client in oil & gas fraud case.
• Armstrong & Hatfield vs. Rosenthal Retirement Planning (FINRA # 08-00737 (2010)): Successfully defended 2 FINRA Registered Representatives in FINRA and private arbitrations who were accused of misappropriating business from former firm.
• In re Fleming Securities Litigation, (No. MDL 1530 [E.D. Texas (2003)]): Lead counsel for former CEO of Fleming in class action securities litigation and rescission actions. Successfully defended former CEO, CFO & COO in “zone of insolvency” lawsuit in Texas state court. Procured insurance settlement for 20 former officers & directors to use in ongoing litigation and regulatory matters.
• Jag Media Holdings, Inc, et al. v. A.G. Edwards & Sons, Inc. et al., (No. H-02-2867 [S.D. Texas, (2004)]): Drafted Motion to Dismiss that was granted on behalf of financial services clients accused of short selling Jag Media stock.
• Malone v. Addison Insurance Marketing, Inc., 225 F. Supp.2d 743 (W.D. Kentucky (2002)): Drafted Motion to Dismiss that was granted on behalf of financial services client accused of securities fraud.