• Michael Weinberg

Michael Weinberg is a founding partner of the firm.  Mr. Weinberg is a trial lawyer with over a dozen years of litigation experience representing plaintiffs and defendants in a variety of litigation matters, including personal injury, catastrophic injury and wrongful death; automobile and trucking accidents; products liability; workplace injuries, including plant/refinery explosions and chemical releases; Jones Act and other maritime related litigation; commercial litigation; employment litigation; intellectual property litigation and construction litigation.  Mr. Weinberg has recovered millions of dollars in settlements and verdicts on behalf of clients.  Mr. Weinberg has also defended businesses and insurers in cases involving several millions of dollars.  In addition to litigating cases in and around Harris County (e.g., Fort Bend County, Montgomery County, Brazos County, Galveston County), Mr. Weinberg has litigated cases in dozens of counties throughout the State of Texas.  In addition to being licensed to practice in all state courts in Texas, Mr. Weinberg is admitted to practice in all federal district courts in Texas, as well as the United States Court of Appeals for the Fifth Circuit.  In fact, Mr. Weinberg was recently lead counsel in an insurance coverage dispute that was appealed to the United States Court of Appeals for the Fifth Circuit. 

Mr. Weinberg formerly practiced with a large Houston trial firm, where he primarily represented product manufacturers in products liability, toxic tort and environmental litigation in cases involving serious injury and death, and later with one of the largest firms in Texas, where he primarily represented clients in a variety of commercial litigation matters, including breach of contract, covenants not to compete, business torts, fiduciary duty and shareholder dissolutions/disputes.  Since co-founding the firm, Mr. Weinberg has concentrated his practice on the representation of people injured and killed as a result of the negligence and wrongdoing of others.  Though the focus of his practice is, and remains with, prosecuting personal injury, catastrophic injury and wrongful death claims, Mr. Weinberg maintains an active and varied trial practice, representing plaintiffs and defendants in a variety of litigation matters.  Some of this recent, non-plaintiff's personal injuryexperience is highlighted below:

Commercial Litigation

• Obtained judgment for company that sells and rents diesel, gasoline and electrical driven centrifugal water pumps in breach of contract case against chemical company.
  
• Successfully represented individuals, vessels and vessel owners in in rem admiralty actions regarding breach of contract, wrongful foreclosure/arrest and declaratory actions (Civil Action No. H-01-2526; Caterpillar Financial Services Corporation v. M/V Angel Wings III In Rem and Bay Van Nguyen, In Personam; In the United States District Court, Southern District of Texas, Houston Division; Civil Action No. H-01-2527; Caterpillar Financial Services Corporation v. M/V Angel Wings IV In Rem, Bay Van Nguyen, In Personam, Cuc Kim Nguyen, Nhan T. Thach, and Kims’ Seafood; In the United States District Court, Southern District of Texas, Houston Division).
  
• Successfully represented recording artist and company in copyright infringement lawsuit filed in federal court in the Southern District of Texas; Civil Action No. H-03-1861; Priority Records LLC, UMG Recordings, Inc. and Zomba Recording Corporation v. Raymond Thomas, III, d/b/a Exchanging Sounds; In the United States District Court, Southern District of Texas, Houston Division.
  
• Successfully represented distribution and record label company and principal in lawsuit filed by recording artist over disputed royalty payments and other related disputes.  Case dismissed with firm's clients paying nothing to plaintiff, with plaintiff paying firm clients confidential amount on counterclaim.
  
• Represented multiple recording artists, producers and companies in negotiation and drafting of recording agreements, work-for-hire agreements and production agreements.
  
• Successfully prosecuted breach of contract, negligence, negligent misrepresentation and unfair and fraudulent business practices lawsuit regarding management of low-income, tax credit rental properties.
  
• Recently obtained three dismissals of breach of contract actions with clients paying nothing to plaintiffs.
  
• Successfully represented company against lawsuit brought by large foreign insurer alleging misrepresentations in connection with procurement of commercial liability policy.  The case settled shortly before trial with client having paid fraction of amount requested by insurer-plaintiff.
  
• Part of trial team that successfully represented bank in lawsuit claiming various plaintiffs were harmed because bank and other mortgage lenders provided funding for subsidized residential mortgages for plaintiffs' purchases of residences that allegedly contained lead based paint; bank obtained summary judgement.
  
• Successfully represented businessmen in lawsuit brought by bank for breach of loan notes, breach of guaranties, breach of security agreements, conversion, fraud and fraudulent transfer.  Case settled for fraction of money damages being sought by bank.
  
• Successfully prosecuted breach of contract and related claims on behalf of local businessman in connection with sale of house.
  
• Successfully represented landlords and tenants in various breach of contract disputes, as well as in negotiation of leases and other documents.
  
• Successfully represented vending company in numerous breach of contract and other commercial disputes.
  
• Successfully represented several banks in various collection matters.
  
• General counsel for steel fabricating company, precious metals company, construction company and marble and granite company.
  

Fiduciary/Shareholder Disputes

• Successfully represented (on a contingency fee basis) plaintiff in fraud, breach of fiduciary duty, conspiracy and derivative stockholder action arising out of defendants' wrongful solicitation and fraudulent inducement of plaintiff to enter into agreement to sell shares of stock at less than market value (case settled favorably at pre-suit mediation for confidential amount).
  
• Successfully represented masonry owner and fireplace surrounds company as defendant (and counter-plaintiff) in derivative stockholder and dissolution lawsuit.
  
• Represented minority shareholder in closely held company in oppression/dissolution suit.
  
• Represented brokerage house and stock broker in negligent misrepresentation and fraud action.
  

Construction Litigation

• Represented general contractors, subcontractors and architects in construction related disputes and injuries, including lien and bond claims, claims for extra time and money, delay claims, construction defects and design disputes, property damage and related insurance coverage and claims issues.
  
• General counsel for local steel fabricating company, having represented company in a variety of construction related disputes in multiple states across country, including in arbitration proceeding (Hightower Steel, Inc. and Summit Steel Fabricators, Inc.; American Arbitration Association Reference Number: 30 124 00652 03).
  
• Successfully represented architect in negligence, professional negligence, breach of contract and DTPA action regarding residential plans and design of house; plaintiff was seeking over a hundred thousand dollars; case settled shortly before trial for nominal amount (less than $5,000.00).
  
• Successfully represented architect in breach of contract and negligence lawsuit arising out of building and management of construction of new residence; case settled shortly before trial for nominal amount (less than $5,000.00).
  
• Successfully tried to verdict and obtained dismissal of breach of contract and other claims brought against earth works construction company.
  

Personal Injury and Products Liability

• Substantial experience in representing and successfully defending companies in cases involving serious personal injury and death claims.
  
• Successfully represented steel fabricating company in numerous non-subscriber personal injury actions arising out of workplace injuries and death.
  
• Successfully defended a products manufacturer in over eight thousands asbestos-related lawsuits filed in various counties in Texas.
  

Class Action Litigation

• Successfully represented class in breach of contract, unjust enrichment, negligent misrepresentation, fraud, unfair business practices and disgorgement action against restaurants for improper and unlawful imposition of sales tax charges in connection with sale of bottled water.
  

Employment Litigation

• Successfully represented plaintiffs and defendants in anti-discrimination and other employment related claims brought under Title VII of Civil Rights Act of 1964 and Texas Commission on Human Rights, including claims of discrimination based upon gender, color, religion, national origin, disability, as well as "hostile work environment" and retaliation claims.
  
• Currently representing dentistry office in defense of retaliation, sexual harassment, hostile work and discriminaton claims based upon gender, color, religion and ethnicity.
  
• Significant experience in assisting and advising companies regarding formulation of policies and procedures, as well as in drafting employee manuals and handbooks, as well as covenant not to compete and other related agreements.
  

Defamation/Media Law

• Part of trial team that successfully defended a national publishing company in a defamation action (company obtained take-nothing judgment).
  

Intellectual Property Litigation/Entertainment Law

• Successfully represented recording artist and company in copyright infringement lawsuit filed in federal court in the Southern District of Texas; Civil Action No. H-03-1861; Priority Records LLC, UMG Recordings, Inc. and Zomba Recording Corporation v. Raymond Thomas, III, d/b/a Exchanging Sounds; In the United States District Court, Southern District of Texas, Houston Division.
  
• Successfully represented distribution and record label company and principal in lawsuit filed by recording artist over disputed royalty payments and other related disputes.  Case dismissed with firm's clients paying nothing to plaintiff, with plaintiff paying firm clients confidential amount on counterclaim.
  
• Represented multiple recording artists, producers and companies in negotiation and drafting of recording agreements, work-for-hire agreements and production agreements.

Insurance Coverage/Appellate

• Lead counsel in federal court declaratory action and subsequent appeal regarding dispute as to whether business auto policy covered loss that occurred in Mexico.  Case was one of first impression, requiring court to interpret territorial reach of federally mandated MCS-90 endorsement, which federal statute requires insurers to include in policies issued to motor carriers that transport property in interstate and foreign commerce.  Case was resolved adversely at the trial level (Civil Action No. DR-07-CV-70; Canal Indemnity Company v. Arturo Galindo, Jr., d/b/a Art's Transport Service, Ruth G. Cantu, Herlinda Silva-Urteaga and Guadalupe Kiniskey; In the United States District Court for the Western District of Texas, Del Rio Division), and was unsuccessfully appealed to the 5th Circuit (Canal Indemnity Co. v. Galindo, 2009 WL 2921862).
  

Mr. Weinberg received his B.A. in Political Science from McGill University in 1993 (great distinction), and his J.D. from the University of Texas School of Law in 1997.  Mr. Weinberg is a member of the State Bar of Texas, the Houston and American Bar Associations, the Houston and Texas Young Lawyers Association, the San Antonio Trial Lawyers Association, the Texas Trial Lawyers Association and the American Association for Justice.  Mr. Weinberg is a Fellow of the Texas Bar Foundation.

EDUCATION

• University of Texas School of Law, J.D., 1997
• McGill University, B.A., 1993 (great distinction)

AREAS OF PRACTICE

• Personal Injury
• Catastrophic Injury
• Wrongful Death
• Auto Accidents
• Trucking Litigation
• Products Liability
• Workplace Injuries
• Jones Act/Maritime
• Commercial Litigation
• Insurance Litigation
• Employment Litigation
• Intellectual Property Litigation
• Entertainment Law
• General Civil Litigation

ADMISSIONS/LICENSES

• All Texas courts
• United States District Court for Southern District of Texas
• United States District Court for Northern District of Texas
• United States District Court for Western District of Texas
• United States District Court for Eastern District of Texas
• United States Court of Appeals for Fifth Circuit

MEMBERSHIPS/AFFILIATIONS

• Texas Bar Foundation (Fellow)
• State Bar of Texas
• Houston Bar Association
• American Bar Association
• Houston Young Lawyers Association
• Texas Young Lawyers Association
• San Antonio Trial Lawyers Association
• Texas Trial Lawyers Association
• American Association for Justice
• USA Honor Society