Lawyers

Jeffrey Elkin

Attorney

Jeffrey R. Elkin
Rated by Super Lawyers


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Jeffrey Elkin has over thirty-five years of experience representing business clients in complex business disputes, including lawsuits involving claims of breach of contract and warranty, financial fraud, shareholder and partnership disputes, business divorce (partnership and LLC dissolution and receivership proceedings), and general business litigation.

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

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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.

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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.

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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.

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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.

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