Timothy S. McConn
Tim is a commercial trial lawyer who represents clients as plaintiffs and defendants in disputes principally in the upstream and midstream sectors of the oil and gas industry. Coupled with his energy litigation practice, he also works with clients in a diverse range of other industries including finance, healthcare, life sciences, manufacturing, and technology, in high-stakes disputes involving breach of contract, antitrust, labor and employment, bankruptcy and product liability. Tim’s deep experience and results-oriented approach is central to his providing the highest level of service and value to his clients.
Tim is admitted to practice in the United States District Courts for the Eastern, Southern, and Western Districts, and the United States Court of Appeals for the Fifth Circuit.
Prior to joining the firm, Tim practiced with Andrews and Kurth. Tim has been recognized for the last seven years as a “Texas Rising Star” by Thomson Reuters’ Super Lawyers. He is active in the Bar and the community, serving on the Board of Directors for the Houston Bar Foundation, Trees for Houston, and St. Anne Catholic School Foundation, and is a Fellow with the Texas Bar Foundation. Tim and his wife, Ginnie, have two children.
Oil and Gas
- Currently representing exploration and production company against claims that client breached obligations to co-working interest owners regarding expiring leases in the Texas Panhandle. Plaintiffs claimed damages in excess of $500 million.
- Currently representing exploration and production company against claims asserted by T. Boone Pickens’s company, Mesa Petroleum, that client cut Mesa out of AMI agreement regarding Permian Basin acreage.
- Represented oil and gas industry consultant who was sued for breach of contract, breach of warranty, and breach of fiduciary duty in connection with a seismic acquisition project in Lavaca County, Texas. Client won a unanimous defense verdict on all claims, while jury found co-defendant liable for in excess of $1 million.
- Represented exploration and production company in dispute over right of first refusal concerning acreage in Permian Basin. Plaintiff claimed $15 million in past damages. Plaintiff agreed to settle for a small fraction of demand and client retained the lease.
Represented exploration and production company in related Texas state court lawsuits involving claims that client underpaid overriding royalty interest obligations to plaintiff geologists. Cases settled on confidential terms.
- Recently represented midstream company in two two-week arbitrations involving claims that contractor breached the parties’ contract by virtue of failing to construct natural gas processing facility in accordance with parties’ contract. The outcome of the arbitration is confidential.
- Recently represented mineral estate and surface estate owners as plaintiffs in lawsuit alleging that defendant E&P company illegally disposed of oilfield waste on the property at issue. Case settled on eve of trial.
- Represented exploration and production company in multiple disputes arising out of operations in the Barnett Shale, including disputes over defendants’ failure to pay amounts owed under Joint Operating Agreement.
- Represented exploration and production company in breach of contract and fraud dispute with distressed debt trading firm. Case settled on eve of trial.
- Represented liquefied natural gas company as plaintiff in defamation, business disparagement, and tortious interference lawsuit against defendant hedge funds. Client nonsuited litigation after defamatory statements ceased and stock price recovered.
- Represented exploration and production company that was sued by joint venture partner for breach of contract, fraud, and tortious interference in connection with a lease acquisition and development agreement that included an AMI provision. Case settled on confidential terms.
- Represented liquefied natural gas company in lawsuit involving declaratory judgment and breach of contract claims related to parties’ respective obligations to pay a royalty to a third party. Case settled on confidential terms.
- Recently represented exploration and production company in dispute over intellectual property rights related to name of operating company in West Texas oil and gas play.
- Represented medical device manufacturer in multiple cases involving allegations of federal and state antitrust violations, tortious interference, and defamation. Obtained full dismissal of all federal court claims, and then persuaded defendants to agree to a permanent injunction enjoining them from buying or selling client’s equipment without client’s written consent.
- Represented largest independent steel plate distributor in the United States in federal antitrust suit. Client was a non-party from whom plaintiff sought discovery of vast amounts of sensitive financial and commercial data. Successfully moved to quash plaintiff's subpoena.
- Currently representing exploration and production client in FLSA class action in the Southern District of Texas.
- Represented Raytheon Co. and subsidiaries in a series of Sabine Pilot cases. Trial court for the first of the four cases dismissed all claims on summary judgment, based in part on preemption argument of first impression in Texas. After extensive briefing and oral argument (which Tim handled), the First Court of Appeals published a fifty page opinion affirming the summary judgment in all respects. See Miller v. Raytheon, 229 S.W.3d 358 (Tex. App. - Houston [1st Dist.] 2007, no pet.). The appellate court opinion set new precedent in Texas on various labor and employment issues, including the preemption argument, and the remaining three cases were subsequently dismissed on summary judgment (including one by Judge Melinda Harmon of the Southern District of Texas) based in large part on the Milleropinion.
- Represented local subsidiary of New Jersey-based corporation in dispute over noncompetition and nondisclosure provisions in employment agreement of employee hired away from client’s competitor. After depositions of plaintiff’s main witnesses, plaintiff agreed to abate case for the duration of employee’s noncompete provision. After year of abatement, plaintiff agreed to dismiss case in its entirety.
- Represented Houston-based turbomachinery manufacturer and refurbisher in nonsolicitation dispute with former executive and his new, competing company. Defendants agreed to injunction precluding solicitation for employees for a one-year period.
- Trial counsel for trustee of subsidiary in multi million dollar adversary proceeding involving intercompany and breach of fiduciary duty claims between estates of parent and subsidiary. Multi-week trial in Southern District of New York Bankruptcy Court. Case settled extremely favorably on eve of Court’s issuance of final order.
- Trial counsel for creditors’ committee in proceeding related to debtor’s attempt to obtain settlement with largest creditor. Creditors’ committee sought an order voiding the settlement agreement. Dispute was resolved favorably for client after several weeks of depositions and settlement negotiations.
- Represented creditors committee in all-day evidentiary hearing concerning debtor's attempt to obtain court approval of fire sale of debtor's assets. Based on Tim's cross-examination of debtor's experts and the direct testimony of client's expert (which Tim elicited), court rejected debtor's attempt and ordered that an auction take place. Auction ultimately obtained extraordinary value for estate and recovery to creditors.
- "Texas Rising Star," Thomson Reuters' Super Lawyers, 2009-2016
- Board Member: Houston Bar Foundation
- Board Member: St. Anne Catholic School Foundation
- Board Member: Trees for Houston
- Fellow: Texas Bar Foundation
- "Discovery Rule and Fraudulent Concealment in Oil and Gas Disputes," Houston Bar Association, March 4, 2016
- "Contract by Email: How to Avoid Costly Claims in Today’s Turbulent Market," Institute for Energy Law (panelist), November 16, 2015
- "Trespass to Try Title Disputes vs. Declaratory Judgement," 9th Annual Texas Law Journal of Oil, Gas, and Energy Law, February 13, 2014
- The University of Texas School of Law, J.D., with honors, 2001
- University of Notre Dame, B.A. 1998, magna cum laude
- Admitted to Practice: Texas, 2001