What ’ s Your Story? Jeff Parsons Beirne, Maynard & Parsons LLP Houston, Dallas &...

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Transcript of What ’ s Your Story? Jeff Parsons Beirne, Maynard & Parsons LLP Houston, Dallas &...

  • Whats Your Story?Jeff ParsonsBeirne, Maynard & Parsons LLPHouston, Dallas & Austin, Texas

  • El Pequeo ProblemaOr - Deep In the Heart of Texas

  • El Pequeo Problema

  • The Prospect Generation Agreements Clients - - Family Partnerships Rco - - E&P Co. owned by Mr. L and Mr. H Clients pay Rco big $$$ feesRco to bring Clients oil & gas prospectsClients can accept or reject any prospect If accept a prospect, Clients get 35% Working InterestAnd, proprietary interest in Rcos seismic maps and data on prospect

  • The Lopeno prospectRco discovers huge gas prospect 10-12 BCF $70-90 MM in reserves

    Rco develops seismic map of Lopeno prospect

    Clients accept 35% W.I. in Lopeno prospect

    Rco leases Worley property to drill prospectprepares to drill in January 2007

  • El Pequeo ProblemaRco - - Shows Seismic Map to various people, but no Confid. Agmts With its own Ds, Os or employeesWith Clients or other investorsClients - - No Confid. Agmts With RcoWith Mr. L or Mr. HWith individual family partners

  • The Treasure Map El Milagro WorleyThe Lopeno Seismic Map

  • El Pequeo ProblemaMr L is Chief Operating Officer of Rco50% owner of RCoBut, no confidentiality agreement Mr. L , Mr. H and RCo sign Separation Agreement (eff. 12/31/06)Mr. L sells all interest in RCo. to Mr. HMr. L gets right to compete with RCoMr. R keeps 25% W.I. in Lopeno wells

  • El Pequeo Problema2007, Mr. L joins with Mr. CortezCortez leases El Milagro propertyNext to Worley propertyWorley wells visible from El MilagroL and C drill 4 wells on their leaseThey extract 3.6 BCF from reservoir

  • El Pequeo ProblemaWhats Your Story?

  • Legal Claims vs. DefensesComplex Legal Claims

    Misappropriation of Trade Secrets

    Intentional Interference with Contract

    Civil ConspiracyDs will claim - - -No trade secretSeismic Map shown to investors No confidentiality agreementsWorley wells public knowledge

    No InterferenceClaim they did not use seismic mapClaim they had right to drill and compete

    Big Anglo Ranchers vs. 2 locals 1 Hispanic

    Jury 100% Hispanic

  • The SolutionA Simple StoryEthosPathosLogosConfirmed by Jury ResearchPowered by Demonstrative Exhibits

  • Jury ResearchImportant to keep promises 100%Business secrets are important 95%Important for businessmen to act fairly, ethically 90%When leave employer, not OK to take business secrets 90%Dont need writing to warn dont take others property - 85%Family is very important - 90%

  • Plaintiffs OpeningThis Is A Simple CaseAbout Right vs. WrongDont Take What Doesnt Belong to YouDont Break Your PromisesDont Interfere with Others PromisesCompete Hard but HonestlyDefendants Broke All Four Rules

  • This Is A Simple Case

    My Clients Did The Right ThingKept their promisesMany family members invested small $So Family could invest Big $$$$$Family kept Lopeno secretsOnly defendants who stole secretsDefendants Did the Wrong ThingTook Familys treasure map and secretsInterfered with Familys PGAsCaused the Family $$ Millions in Damages

  • The Prospect Generation ContractsPX 4 & 6


  • Where is the Lopeno Prospect ?

  • The Treasure Map

  • Before Defendants Wrongful Conduct 1 mileEl MilagroWorley

  • After Defendants Wrongful Conduct 1 mileEl MilagroWorley