 |
|
Biography
Bruce is a trial lawyer who has for many years concentrated his practice on antitrust litigation and other complex commercial litigation matters. Bruce successfully defended Tyco Healthcare in a $1 billion antitrust suit. He was also a key member of the trial team that defended Lloyd's of London and other international insurers in one of the largest insurance coverage cases ever tried involving an $850 million claim arising from the Exxon Valdez oil spill, and that successfully represented Cyrix Corporation in an antitrust trial against Intel Corporation. He has also defended ERISA cases involving putative class action claims, and represented companies in connection with breach of contract, tortious interference, and patent infringement claims arising out of domestic and international transactions. Bruce also regularly provides antitrust counseling and guidance to healthcare providers, major pharmaceutical companies, and joint ventures involving competitor collaborations. Texas Monthly selected Bruce in 2004 and 2006 as a "Texas Rising Star" for antitrust litigation in its Super Lawyers Edition, and H Texas magazine identified him in 2004 as one of Houston's "Lawyers on the Fast Track."
|
|
|
Representative
Experience
Antitrust - Retractable Technologies, Inc. v. Tyco Healthcare, et al: Defended Tyco in an antitrust case in which plaintiff claimed damages in excess of $1 billion relating to allegedly exclusive dealing contracts between Tyco and Group Purchasing Organizations (GPOs) concerning the sale of needles and syringes; shortly before trial, the case settled on very favorable terms for Tyco; the other defendant manufacturer agreed to settle for $100 million
- Defended joint venture of three international manufacturers against federal antitrust claims; the court dismissed all of plaintiff's claims on the pleadings
- Cyrix Corporation v. Intel Corporation: Represented Cyrix, a start-up maker of personal computer microprocessors, in antitrust, tortious interference, and patent litigation against Intel; during trial, Cyrix obtained a multimillion dollar settlement
- Fertitta v. Moody Gardens, et al.: Defended Moody Gardens against federal and state antitrust claims asserted by a competing Galveston, Texas hotel owner; the court dismissed all of plaintiff's claims
ERISA - Gosselink v. AT&T;: Defended SBC (now AT&T;) and its pension plan against a putative class action ERISA case alleging that pension plan participants' benefits were improperly computed; plaintiffs sought damages for themselves and the putative class of several hundred million dollars; the district court denied class certification and granted SBC's motion for summary judgment; the Fifth Circuit affirmed (272 F.3d 722)
- Marlowe v. SBC Pension Plan: Defended SBC Pension Plan against ERISA claim for additional benefits which, if successful, would have required additional benefits to be paid to plaintiff and other similarly situated Plan Participants; the district court granted the Plan summary judgment; the Fifth Circuit affirmed (2004 WL 1774794)
Business Litigation - Exxon Corporation v. Lloyd's of London, et al.: Defended Lloyd's of London and other international insurers in the trial of an $850 million insurance coverage claim arising from the Exxon Valdez oil spill (one of the largest coverage cases ever tried); also represented the insurers in related arbitration proceedings in New York; the case was settled after the jury trial and before the arbitration hearing commenced
- Shaw, et al. v. NEC Corporation and Toshiba Corporation: Defended NEC in a class action suit in Beaumont, Texas relating to allegations of a defective computer component; NEC was dismissed from the suit; co-defendant Toshiba settled for over $2 billion
- Kellogg Brown & Root, Inc. v. Westlake Polymers Corp.: Represented KBR in a breach of contract and fraud suit against Westlake relating to the construction of a polyethylene plant in Lake Charles, Louisiana; obtained a multimillion dollar settlement for KBR
- O'Day, et al. v. Chase Bank of Texas: Defended Chase Bank against class action allegations concerning its processing of its customers' checks; plaintiffs' non-suited their claims after the court granted Chase Bank's special exceptions to all of plaintiffs' claims
|
| Results depend upon the facts of each case. |
|
Activities and Affiliations
- Recognized as one of eight "Texas Rising Stars Super Lawyers" for antitrust litigation by Texas Monthly, July 2004 and one of seven "Texas Rising Stars Super Lawyers" for antitrust litigation, March 2006; in H Texas as one of "Lawyers on the Fast Track," 2004
- Member: American Bar Association, Antitrust Section; Houston Bar Association, Antitrust Section Council Member; Houston Young Lawyers' Association
- Speaking Engagements/Publications: "State Action Immunity From the Antitrust Laws," American Bar Association, December 2005; "Litigation - Civil Discovery Under the New Rules & Requests for Production of Document and Tangible Things," University of Houston Law Center, Continuing Legal Education, May 1999
|
|
Education and Professional Background
- The University of Texas, B.B.A., 1989
- The University of Texas School of Law, J.D., 1992 (Order of the Coif)
- Admitted to practice: Texas, 1992; U.S. Courts of Appeal for the Fifth Circuit, Sixth Circuit, and D.C. Circuit; U.S. District Court for the Northern, Southern and Eastern Districts of Texas
|
