Lawyers
Jeffrey Elkin
Attorney
Contact
Email: jelkin@mouerhuston.com
Phone: (832) 404-2978
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Jeff has also been the lead trial attorney in several high-profile First Amendment cases and reported appellate decisions under the Texas Anti-SLAPP (Strategic Lawsuit Against Public Participation) statute.
Jeff regularly serves as lead trial counsel before federal and state district courts throughout Texas and before arbitration panels of the International Chamber of Commerce and the American Arbitration Association. He also advises clients on business strategies, government investigations, and risk management.
Jeff has been recognized in 2014 and 2015 by Chambers USA as a noted practitioner in the area of “Litigation: General Commercial in Texas.” He has also been selected for inclusion in Texas Super Lawyers in the area of business litigation 2009-2011, 2017-2018, 2020-2023.
Jeff graduated with a B.A. in English (American Studies) from the University of Virginia in 1983, and with a J.D. from the University of Florida Levin College of Law in 1986.
Jeff is admitted to practice in Texas and Colorado, the United States Court of Appeals for the Fifth Circuit and the United States District Courts for the Southern, Northern, Eastern, and Western Districts of Texas. Jeff joined Mouer Huston in April 2019. He was previously a partner at Porter Hedges LLP. While at Porter Hedges, Jeff served as the Partner-in-Charge of the Litigation Practice Group, Chairperson of the firms’ Pro-Bono Committee, and Partner-in-Charge of Recruiting.
Jeff serves on the Board of Directors of the Texas Hearing Institute, a non-profit dedicated to helping children with hearing loss. Jeff also serves on the Houston Bar Association Fun Run Committee, which plans and executes the annual John J. Eikenburg Law Week Fun Run to benefit The Center for Pursuit. Jeff is a former City Councilperson and Mayor Pro Tem for the City of Southside Place, Texas.
Education
- University of Virginia, B.A.
- University of Florida, Levin College of Law, J.D.
Admissions
- State Bar of Texas
- State Bar of Colorado
- The United States Court of Appeals for the Fifth Circuit
- The United States District Court for the Southern District of Texas
- The United States District Court for the Northern District of Texas
- The United States District Court for the Eastern District of Texas
- The United States District Court for the Western District of Texas
Professional / Memberships
- Martindale Hubbell AV Rated Attorney
- Member, State Bar of Texas – Litigation Section
- Member, Houston Bar Association – Litigation Section
- Mayor Pro Tem and Council Member, City of Southside Place, Texas (1999-2007)
- “Citizen of the Year,” Greater Southwest Houston Chamber of Commerce (2007)
Representative Experience
Complex Business Desputes
- Won International Chamber of Commerce (ICC) arbitration following five-day evidentiary hearing on behalf of an ultra-deep water drilling rig Management Company, defeating claimant’s $19 million liquidated damages claim and recovering award of attorney’s fees.
- Obtained summary judgment dismissal in favor of international reservoir engineering firm of plaintiffs’ $26 million claims for fraud, negligence, and conspiracy. In re Capco Energy, Inc., 669 F.3d 274 (5th Cir. 2012); Amco Energy, Inc. v. Tana Exploration Co., et al., 455 B.R. 584 (S.D. Tex. 2011).
- Attained favorable resolution for reservoir engineering company in defending against hedge fund’s $24 million claims for fraud and violation of the Texas Securities Act. Highland Capital Management, L.P. v. Ryder Scott Company, 402 S.W.3d 719 (Tex. App.—Houston [1st Dist.] 2012, no pet.); Highland Capital Management, L.P. v. Ryder Scott Company, L.P., 212 S.W.3d 522 (Tex. App.—Houston [1st Dist.] 2006, pet. denied).
- Secured directed verdict for Netherland-based oilfield tool and services company in Texas state district court bench trial on plaintiffs’ $2 million claims for fraud, conspiracy, and successor liability.
- Represented former energy-industry CFO in parallel state and federal derivative actions arising out of FCPA investigations.
- Negotiated favorable resolution for oil and gas investment company in $5 million fraud action against drilling program general partner and operator.
Shareholder and Partnership Disputes
- Represented privately held limited partnerships and affiliated Limited Liability Companies in five-week jury trial defending against plaintiff’s $30 million claims for breach of fiduciary duty, dissolution, and receivership; secured jury finding in support of counter-claim for expulsion of limited partner plaintiff.
- Represented family-owned limited partnerships and Limited Liability Companies in responding to requests for access to companies’ books and records.
- Represented private company shareholder in corporate dissolution and receivership proceedings.
- Represented private company shareholder and director in defending against breach of fiduciary duty claims.
- Assisted in representing Special Committee of hospitality and entertainment company in defending against $15 million shareholder “going-private” class action litigation.
- Participated in internal investigation for Audit Committee of seismic data company in response to shareholder derivative lawsuit.
First Amendment and Anti-SLAPP
- Secured dismissal under Texas Anti-SLAPP statute of $10 million defamation, disparagement, and fraud claims asserted against consumer protection organization for its on-line publication of ratings and reports of plaintiff’s home repair business. The Better Business Bureau of Metropolitan Houston, Inc. v. John Moore Services, Inc., 441 S.W.3d 345 (Tex. App.—Houston [1st Dist.] 2013, pet. denied).
- Won dismissal under Texas Anti-SLAPP statute of $15 million anti-trust and defamation claims asserted by home repair company in lawsuit against consumer protection entity over on-line publication of ratings and report. The Business Bureau of Metropolitan Houston, Inc. v. John Moore Services, Inc., 500 S.W.3d 26 (Tex. App.—Houston [1st Dist.] 2016, pet. denied).
- Won jury trial concerning award of attorney’s fees and secured award of monetary sanctions under Texas Anti-SLAPP statute against home repair company. John Moore Services, Inc. v. The Better Business Bureau of Metropolitan Houston, Inc., No. 01-14-00906, 2016 WL 3162206 (Tex. App.—Houston [1st Dist.] June 2, 2016, no pet.).
- Secured dismissal under section 230 of the U.S. Communications Decency Act (47 U.S.C. § 230) and the Texas Anti-SLAPP statute of defamation claims asserted against consumer protection organization client over on-line publication of “Scam Report.”
- Won verdict and final judgment for international energy company employees in Texas state district court jury trials against $10 million defamation claims for statements published in two Houston Chronicle articles. Abraham v. Exxon Corporation, No. 14-98-00888-CV, 2001 WL 894261 (Tex. App.—Houston [14th Dist.] Aug. 9, 2001, no pet.).
Client Newsletters
$1.8 Billion Verdict Challenges Traditional Real Estate Broker Commissions
Have federal anti-trust laws put an end to the six percent realtor commission rate? A recent jury verdict in a Missouri federal courtroom might bring an end to the long-term practice of sellers paying a six percent commission to their agent as well as the practice of brokers for the seller and buyer then splitting the commission.
Open the Pod Bay Doors, HAL” – A Recent Move to Regulate AI
It seems axiomatic that, in general, regulation rarely keeps pace with innovation and technological advances. This is certainly true for artificial intelligence (AI). Developments in AI have been extraordinary over the past few years, and the technology has greatly outpaced any kind of existing regulations. It’s not surprising, then, that as AI’s use continues to accelerate, there are growing calls for regulations to be implemented.
Specialized Business Courts Are Coming to Texas in 2024: What You Need to Know
In June, Governor Gregg Abbot signed into law House Bill 19 (HB 19), creating specialized business trial and appellate courts: the Texas Business Courts. These courts will hear specific types of complex commercial disputes. The bill is effective September 1, 2023, but will only apply to lawsuits commenced on or after September 1, 2024.
Pratfalls With ChatGPT
Artificial Intelligence (AI) – particularly ChatGPT – continues to be in the news as it assumes an ever larger role in all types of commercial and personal activities. Many businesses and individuals have been captivated by the allure of AI, with its promise of unparalleled efficiency and accuracy, plus the ability to manage vast amounts of data.
Business Litigation to Watch in the Second Half of 2023
As we enter the second half of 2023, there are several significant business litigation cases to watch. Pending lawsuits in many areas have the potential to significantly impact the financial landscape, set important legal precedents, and possibly shape the future of SEC disclosure obligations and investor protection. Let’s dive into the key cases that we’ll be keeping an eye on:
Not Just the Feds – State Attorneys General Aggressively Pursuing Corporate Malfeasance
If you have been following the news, you may have noticed an increase in items about state attorneys general ramping up their efforts to prosecute businesses fraud and other corporate misconduct – both in criminal actions and civil actions. One such high profile case involves Donald Trump – sued by the State Attorney General of New York for alleged business fraud.
Dominion Voting Systems v. Fox News — Was a Settlement Inevitable?
The recent settlement in the Dominion Voting Systems v. Fox News case has been making headlines in the legal and media worlds. As readers likely recall, following the 2020 U.S. Presidential election, Dominion became the subject of false claims by some media outlets and political figures alleging that the company’s machines were used to rig the election. One of the most vocal and prominent media outlets to make these claims was Fox News.
Woof! Woof! Supreme Court to Decide If Dog Toy Violates Trademark Law
On March 22, the U.S. Supreme Court heard oral arguments in a case involving whisky, a dog toy, and trademark infringement, and it could have far-reaching implications as the Justices consider whether a parody of a well-recognized brand is subject to trademark infringement claims.
AI Regulation Is On the Horizon. AI Litigation Is Already Here.
The developments related to Artificial Intelligence (AI) have truly been amazing, and tech, media, and seemingly every other industry are scrambling to use this technology in numerous ways. It has the potential to transform so many aspects of our lives including the workplace, health care, education, agriculture, and even the law. The possibilities truly seem to be endless, but some feel that some “ground rules” need to be established.
No More Non-Competes?
In January 2023, the Federal Trade Commission (FTC) released its proposed plans for a ban at the federal level on non-compete provisions in employment agreements. While some states have bans in place, no federal ban currently exists. Not surprisingly, the FTC’s proposal has drawn mixed responses, and threats of litigation.