Wynn B. McCloskey

Wynn’s practice focuses on complex commercial litigation. He has extensive experience in a wide range of business disputes, including those involving energy, financial services, trade secret misappropriation, mining, securities, and construction.

Wynn is admitted to practice in Texas, the U.S. District Court for the Southern, Eastern, Northern, and Western Districts of Texas, as well as the U.S. District Court for Colorado.

Representative Experience

• Represented the Federal Deposit Insurance Corporation as receiver for a failed Texas bank in its suit against Morgan Stanley alleging violation of state and federal securities laws by making false and misleading statements in offering documents for four residential mortgage-backed securities purchased by the bank for $102 million. Following court rulings that were favorable to the FDIC on various trial issues, including liability evidence and damage models, the case settled right before trial was set to begin for $24 million, among the highest pro rata recoveries in the government suits over the residential mortgage-backed securities scandal.
• Represented a leading diversified resources company for which we prevailed on summary judgment on a multi-million dollar claim for breach of a term assignment from working interest revisions in the Eagle Ford Shale, and successfully settled a related dispute over the term of a waiver of overriding royalty interests and claims for trespass and breach of contract.
• Successfully represented a foreign national in obtaining reimbursement of a multi-million dollar contractual bonus for originating an exceptionally promising international oil and gas concession.
• Lead counsel in successfully representing the plaintiff in litigation in Texas and Oklahoma regarding disputes with the general partner of an oil and gas limited partnership in which plaintiff’s investment exceeded $100 million. After initial litigation successes for plaintiff, obtained a very advantageous business settlement which included dissolution of the partnership and transfer of the majority of partnership assets to direct ownership by the plaintiff.
• Successfully represented the defendant in Delaware Chancery Court in a $70 million trial over the alleged misappropriation of trade secrets concerning specialized air pollution control filtration products.
• Successfully represented a major power producer in a multi-billion dollar trial over ownership of the South Texas Nuclear Project in Matagorda County.
• Successfully represented a major hospital system in a lengthy arbitration relating to disputes arising from the termination of its long-term affiliation with a premiere medical school, including successfully recovering millions of dollars in disputed funds held by the parties.
• Lead trial counsel in successfully representing a Texas public agency in a multi-week Federal jury trial to recover in excess of $10 million in embezzled public funds laundered through the defendants’ businesses.
• Trial counsel in successfully representing a major national bank defendant in obtaining a pay nothing judgment in multi-week jury trial over multi-million dollar claims by oil and gas investors alleging that the bank’s analysis of various oil and gas interests was fraudulently prepared.
• Lead counsel in obtaining a pay-nothing judgment for a major national bank in a $50 million fraud and breach of fiduciary duty action.
• Successfully represented a foreign mining client in a complex jury trial in Nevada against a global engineering firm for its feasibility study prior to construction of a failed copper mine, which resulted in $157 million judgment and pre-appeal net recovery of $115 million.