Alistair B. Dawson - Partner

Alistair Dawson is experienced in practicing almost every aspect of business and commercial litigation, ranging from antitrust claims and class action suits to oil and gas disputes. A partner with Beck, Redden & Secrest, L.L.P. since 1998, he has represented a variety of clients in many circumstances ranging from medium-sized cases to large complex cases involving multiple parties and hundreds of millions of dollars. He has demonstrated a high degree of competency in preparing and trying complex cases. He has teamed effectively with lawyers of prominent national firms including Gibson, Dunn & Crutcher; Skadden, Arps, Slate, Meagher & Flom; Paul, Weiss, Rifkind, Wharton & Garrison; O'Melveny & Myers; Kirkland & Ellis and others to prepare commercial and business litigation cases for trial.

Professional Honors

  • Recognized as one of the top commercial trial lawyers in Houston byH Texas Magazine, 2005-2009
  • Recognized by Chambers USA as one of the leading litigators in the state of Texas, 2005 - 2009
  • Texas Super Lawyer, Texas Monthly, 2003 - 2009
  • Texas Rising Star, Texas Monthly, 2003
  • Recipient of the State Bar of Texas Presidential Citation, 2004, 2007

Representative Cases

Antitrust Litigation

  • Defended Fortune 100 company in a predatory pricing case. The jury returned a verdict in the client's favor.
  • Defended a Fortune 100 Company in an antitrust case involving allegations of attempted monopolization and exclusive dealing.

Business and Commercial Litigation

  • Defended a Fortune 100 company in a billion dollar fraud and breach of contract case.  Case was resolved after five week trial.
  • Tried a breach of contract case on behalf of a Texas rancher.
  • Represented an international drilling company that sought to recover funds owed to it under a tax-sharing agreement; the parties settled their dispute shortly after the trial court entered a partial summary judgment favorable to our client.
  • Successfully defended a nursing home operator in suit to cancel leases for nursing homes in Texas. Judgment was rendered in client's favor.
  • Led a team of 10 lawyers and more than 20 experts in suits on behalf of AT&T to gain entry into the local phone markets in Texas, Oklahoma and Kansas. As a result of these proceedings, interconnection agreements were executed with Southwestern Bell in all three states permitting AT&T to enter the market and offer service.
  • Tried a case on behalf of four businesses whose shops were damaged as a result of a fire that occurred at the Highland Village Shopping Center. Trial lasted two weeks.
  • Defended Morgan Stanley in a fraud case brought by a former customer/investor. The case was tried before the NADA, which ruled in Morgan's favor and awarded it attorneys' fees.
  • Successfully tried a case on behalf of Triumph Healthcare involving fraud claims brought by an investor of the hospital chain.  The case was tried for three weeks before settling.
  • Defended national bank in breach of fiduciary duty case. 
  • Representing national bank in breach of contract case regarding mezzanine financing.
  • Represented Fortune 100 company in breach of contract case related to sale of mid-stream assets.  Trial court granted summary judgment in client's favor and all claims were dismissed.
  • Represented Canadian Company sued by investment banker claiming it was entitled to "finders fee" in connection with client's acquisition of another company.  Case settled while client's motion for summary judgment was pending.

Class Actions and MDL

  • Defended Compaq Computer in four consumer class actions all brought in Beaumont, Texas.  In one of the cases, the Texas Supreme Court reversed the trial Court's certification decision. 
  • Represented energy company in class action brought in Arkansas regarding price paid by consumers for natural gas.  Case was dismissed by Arkansas Supreme Court.

Energy

  • Represented Mobil Oil in oil royalty brought by the General Land Office alleging that Mobil and others had underpaid royalties because the "posted price" did not translate to market price. In connection with this case, Mr. Dawson represented Mobil on the joint defense steering committee.
  • Successfully tried a case in New York involving an oil and gas prospect in East Texas on behalf of famed New York developer Sheldon Solow. The case was tried for approximately three weeks in the Supreme Court of New York in Manhattan.
  • Successfully defended Marathon Oil in a multi-million dollar royalty dispute brought in Henderson, Texas (in which more than 200 of the plaintiffs were Henderson residents). After a four-week trial, the jury returned a verdict in Marathon's favor.
  • Defended ExxonMobil in a suit brought by the State of Texas for unpaid royalties. The trial court granted ExxonMobil's motion for summary judgment and the matter settled while on appeal.
  • Represented Fortune 500 company in dispute regarding receipt of impure natural gas.
  • Defending national olefins company in breach of contract lawsuit.
  • Represented oil and gas company in lawsuit claiming that client's geologist misappropriated an oil and gas prospect from his former employer.

Intellectual Property

  • Won a multi-million dollar misappropriation of trade secrets case.
  • Represented the defendant in several patent infringement cases on behalf of Hyundai and  Compaq.
  • Successfully tried a patent case on behalf of Fortune 100 company.  Case involved medical products and was tried in Marshall, Texas.

Labor/Employment

  • Tried a wrongful termination case on behalf of Martin Brower.
  • Represented university in lawsuit challenging reduction in force.
  • Representing employees who received shares from employer in breach of fiduciary lawsuit filed by minority shareholder.
  • Represented employer in racial discrimination lawsuit.  Trial court granted summary judgment which was affirmed by Fifth Circuit.
  • Represented Houston based manufacturer who was sued by former salesman alleging discrimination.

PI, Products, Mass Tort, Toxic Tort

  • Successfully defended IBM in products liability cases involving repetitive stress injury filed in Texas. Five cases were brought in various courts throughout the state and summary judgments were granted in all five cases. In connection with those cases, Mr. Dawson served on the National Defense Steering Committee, which was comprised of representatives from all major companies throughout the United States who had been sued for alleged product defects resulting from repetitive stress injury.

Securities & Shareholder

  • Represented disinterested directors in shareholders derivative case brought following company's decision to be acquired by venture capital firm.
  • Represented company in shareholder derivative lawsuit filed after company announced it was merging with competitor.  Case was dismissed by trial court.
  • Represented Fortune 100 Company in securities litigation filed following the collapse of Enron.  The Fifth Circuit ruled in favor of our client and claims were dismissed.
  • Defended CEO and COO in breach of fiduciary duty and shareholder oppression lawsuit filed by former CEO.  Case was settled during trial.

Environmental

  • Tried case on behalf of pipeline owner whose pipeline was hit by contractor.  Pipeline owner sought to recover clean up costs.  Jury awarded damages of $3.5 million.
  • Represented energy company in dispute with another energy company regarding payment of clean up costs for environmental remediation.

Professional Liability and Defense

  • Defended several large law firms in legal malpractice claims.
  • Defended out-of-state firm in legal malpractice case where plaintiff contended that firm did not have sufficient oil and gas experience
  • Won summary judgment for law firm in legal malpractice claim where plaintiff was limited partner in limited partnership and claimed that certain information was not disclosed to him.
  • Won summary judgment for national law firm in legal malpractice case where plaintiffs were seeking millions of dollars in damages as a result of lost opportunity to purchase real estate.

Professional Activities and Memberships

  • American Board of Trial Advocates
  • Texas Supreme Court Advisory Committee
  • Texas Association of Defense Counsel
  • Houston Bar Association, Board of Directors; Past Chair, Antitrust Section
  • International Association of Defense Counsel
  • American Bar Association, Business Litigation and Corporate Counsel Committee
  • State Bar Litigation Council (Chair 2007-2008)
  • State Bar Litigation Section Committee on Jury Selection (1998 -2002)
  • State Bar of Texas CLE Committee (2001-2006 and 2007 - present)
  • Texas Bar Foundation, Fellow
  • Houston Bar Foundation, Fellow

Bar Admissions

  • State Bar of Texas
  • United States Supreme Court
  • Court of Appeals for the Fifth Circuit

Educational Background

  • J.D., University of Texas School of Law, 1989
    • Graduated with honors
    • Editor, Texas Law Review
    • Member, Chancellor's Society
  • B.A., Vanderbilt University, International Economics and Business, 1986
    • Graduated magna cum laude

Publications and Presentations

  • Early Case Assessment, How to Select and Prepare the FRCP 30(b)(6) Deposition Witness in eDiscovery, Panelist - October 14, 2009
  • Presentation - The 81stLegislative Session - From A Litigation Perspective, September 2, 2009
  • Legislative update speech at Harris County Summer CJE Conference, August 2009
  • "Sanctions and Ethical Obligations in EDiscovery," - presented at UT Technology Law Seminar - May 2009
  • "Damages Update 2009," - presented at Advanced Evidence & Discovery Course 2009
  • "Evidence and Discovery Update: The Newly Minted Federal Rule of Evidence 502 and Texas Cases in 2008," - presented at 25th Annual Advanced Litigation Update Institute 2009
  • "Federal Rules of Evidence: Amendments to Section 502." - Presented at Webcast for State Bar of Texas, December 2008
  • "It's Not Just the Legislature, Multiple Forces Interact to Shape the Law," - Panelist at the Advanced Personal Injury Law Course 2008
  • "Rule Making and How it Affects Your Practice," - presented at the Advanced Personal Injury Law Course 2008
  • "Daubert Challenges," - presented at the 21st Annual Advanced Evidence and Discovery Course 2008
  • "E-Discovery," - presented at Association of Corporate Counsel - America Houston Chapter E-Discovery Seminar, April 2, 2008
  • "Panel Discussion: the State of our Judiciary," - presented at the Litigation Update 2008
  • "Daubert Challenges," - presented at the 20th Annual Advanced Evidence and Discovery Course 2007
  • "Warning! The New Rules Now Are in Effect!" - presented at Association of Corporate Counsel - America Houston Chapter E-Discovery Seminar, February 27, 2007

Activities and Affiliations

  • Keeton Fellow, University of Texas School of Law
  • Dean's Roundtable, University of Texas School of Law
  • College of the State Bar of Texas
  • Editorial Board, The Advocate
  • Former Adjunct Professor, University of Houston Law Center
  • Board of Directors, Houston Volunteer Lawyers Program
  • University of Texas Alumni Executive Committee
  • Court Administration Task Force
  • Texans for Courthouse Excellence

Civic Involvement

  • Court Administration Task Force
  • Texans for Courthouse Excellence
  • Theatre Under the Stars
    • Board of Directors, Vice Chairman
    • Chair, Gala, 2009
    • Chair, Development Committee
  • The Parish School - Non-Profit school for children with special needs
    • Board of Directors, 1999-2004
    • Chair, Capital Campaign
    • Chair, Underwriting Committee,1998-2002
    • Distinguished Service Award
  • Board of Directors, Literacy Advance of Houston, 1995-1999
  • Former Committee Member, Houston Livestock Show and Rodeo
  • Texas Lyceum, Board of Directors