Bradley H. Bains - Midland, TX

Overview

Bradley is a member in the Firm's Litigation Section. Bradley has a varied litigation practice, representing clients throughout West Texas - and in over 80 counties throughout the state. Bradley is licensed to practice before all state courts in Texas, the Texas Supreme Court, all four districts for the United States District Courts, the Bankruptcy Courts for the Western and Northern Districts of Texas, as well as the Fifth Circuit Court of Appeals. Bradley is a past president of the Firm.

AREAS OF CONCENTRATION

Oil and Gas Litigation

Bradley represents oil and gas clients throughout the State of Texas in disputes involving Purchase and Sale Agreements, Joint Operating Agreements, COPAS disputes, Oil and Gas Leases, Division Order disputes, overpaid / underpaid royalty claims and Master Service Agreement disputes. He represents operators, non-operators, as well as mineral owners, NPRI owners and overriding interest owners.

Recent matters involving oil and gas litigation:

Represents non-operators in a Purchase and Sale Agreement dispute involving a large acreage play in the Texas Panhandle;

Represents an exploration and development company in a dispute with non- operators concerning provision in various unit agreements;

Represents various surface owners in contamination suits against an exploration company. Suit resulted in extensive remediation;

Represents an exploration and development company in dispute with non- operators concerning interpretation of Unit Operating Agreement;

Represents a major pipeline company in easement dispute with real estate developer;

Represented royalty owners in a dispute with exploration company concerning interpretation of various mineral deeds, resulting in a favorable verdict from the Texas Supreme Court; and

Represents private equity group in dispute with exploration company concerning Purchase and Sale Agreements, Area of Mutual Interest Agreement and Bridge Financing Agreements;

Represents exploration and development company in dispute concerning validity of Abstract of Judgment Lien;

Represents mineral owners in over paid / underpaid royalty dispute;

Represents partners in dispute covering dissolution of extensive partnership assets;

Represents operators in creating and terminating receivership lease.

Trade Secret Protection

Bradley regularly prosecutes and defends claims involving Trade Secret Misappropriation, Non-disclosures and Non-compete Provisions.

Recent matters:

Defended drilling company against claims of alleged Trade Secret Misappropriation and Corporate Raiding;

Defended and prosecuted major supplier of down hole equipment involving claims of Trade Secret Misappropriation and violations of Non-Compete and Non-Disclosure Agreements;

Successfully prosecuted claims of Trade Secret Misappropriation involving large electrical contractors in the Permian Basin;

Successfully defended electrical contractor against claims of Trade Secret Misappropriation and conspiracy to violate Non-Compete and Non-Disclosure Agreements;

Successfully prosecuted claims of Trade Secret Misappropriation involving oilfield service company's equipment used throughout West Texas and New Mexico;

Successfully prosecuted claim of Trade Secret Misappropriation and Brach of Non-Solicitation Agreement for major wind turbine company involving projects throughout West Texas and the Texas Panhandle.

Successfully prosecuted non-solidification provision against former employee of oilfield service company.

Trespass to Try Title, Boundary Dispute, Partition

Bradley represents land owners, title insurers and pipeline companies easement in disputes over title, boundary disputes and partition claims.

Recent Matters:

Successfully defended attempted partition suit in Upton County. Currently defending and prosecuting;

Successfully prosecuted Trespass to Try Title claims involving title dispute on several sections in Brewster County;

Successfully defend title in trespass to try title dispute in Midland and Martin County;

Successfully prosecuted Trespass to Try Title claims involving lands in Glasscock County;

Successfully prosecuted Partition Claims involving large ranch in Brewster County;

Successfully prosecuted Partition Claims involving a large ranch in Upton County;

Successfully prosecuted Partition Claims involving a large ranch in Winkler County; and Successfully defended trust company and beneficiaries regarding road easement and boundary dispute for large ranch in Culberson County;

Successfully defended private / public road easement dispute and trespass to try title claim in Terrell County, Texas.

Will Contests/Fiduciary Litigation

Bradley represents clients involved in will contests and fiduciary litigation involving Trustees and Executors.

Recent matters:

Currently litigating breach of fiduciary duty claim and enforcement of prenuptial agreement in Midland County;

Successfully litigated a three will, will contest lawsuit involving large ranches and minerals in Upton and Pecos Counties;

Successfully defended breach of fiduciary duty allegation against Executor and Trustee involving a large estate in Midland County;

Successfully prosecuted breach of fiduciary duty claim against Executor and Trustee in large estate in Ector County;

Successfully defended Executor in alleged breach of fiduciary duty claim in Howard County.

Personal Injury

Bradley represents service companies and operators with large self-insurance retentions in wrongful death and catastrophic injury claims throughout the Permian Basin and Eastern New Mexico.

Recent matters:

Representing Mercury Marine in fatal boating accident in Scurry County;

Represented major service company in catastrophic injury claim in Ector County;

Represented large steel fabrication company in fatality accident in Ector County;

Represented transport company in Federal Motor Carrier Safety Act claim in Midland County;

Representing service company in catastrophic explosion and fire in Pecos County;

Successfully defended major exploration company in catastrophic injury claim in Scurry County;

Successfully defended a major service company in quadriplegic injury claim in Crane County;

Successfully defended a major exploration company in wrongful death claim in Upton County; and

Served on the Defendants' Medical Committee for Silicosis MDL in Harris County.

Bradley is a member of the Litigation Section and the Oil, Gas & Energy Resources Law Section of the State Bar of Texas. Bradley is an active speaker at various continuing law education (CLE) programs.