Grant B. Martinez

Government Litigation

• Glass Lewis v. Attorney General Paxton (First Amendment) Lead appellate counsel for Glass Lewis in First Amendment suit against Attorney General Paxton challenging a novel, first-of-its-kind law regulating and compelling speech related to proxy advisory services. Argued and obtained a preliminary injunction in federal district court. An appeal is currently pending in the Fifth Circuit.
• State of Texas v. Harris County (Texas Constitutional Challenges) Lead appellate counsel for Harris County in multiple appeals over the constitutionality of a guaranteed income pilot program, a public benefits program and the constitutionality of the Attorney General’s representation of the State in district courts. The litigation resulted in a landmark decision from the Supreme Court of Texas (In re State, Tex. 2024) regarding temporary relief in appellate courts. Presented oral argument in the Fifteenth Court of Appeals, the specialized appellate court for any lawsuit by or against the State. The cases were later mooted.
• Harris County v. Comptroller Hegar (Statute on Defunding Law Enforcement) Lead appellate counsel for Harris County in multiple disputes over a new statute regarding counties’ defunding of law enforcement. Harris County won a complete victory when its lawsuit resulted in a TRO and caused the Texas Comptroller to rescind his improper determination that the county had defunded law enforcement. The Comptroller’s determination, if it remained in place, would have prevented Harris County from adopting a new annual tax rate, reducing the county’s tax revenue by $90-100 million.
• U.S. ex rel Kester v. Novartis (Pharmaceutical False Claims Act / Anti-Kickback Statute) While at Cravath, represented Novartis in a massive, complex False Claims Act case that turned on alleged underlying violations of the Anti-Kickback Statute. The U.S. and numerous states intervened, suing multiple defendants related to multiple drugs and seeking over $3 billion in damages and penalties.
• United States v. American Express (Antitrust – Two-sided Markets) While at Cravath, participated in a seven-week antitrust trial for American Express against DOJ and numerous states, including preparing the lead economic expert for American Express and preparing cross-examination for the government’s lead expert. The trial was followed by successful appeals in both the Second Circuit and ultimately resulted in a landmark decision from the U.S. Supreme Court regarding two-sided markets (Ohio v. Am. Express).
• Civil Rights Litigation. During and after law school, Grant represented a civil rights plaintiff against the United States and the State of Connecticut in several complex lawsuits involving federal regulations and national security. He argued numerous motions in federal district court and argued in the Connecticut Supreme Court. After victories on summary judgment—including a holding that, as a matter of law, the United States falsely arrested our client—the client obtained substantial settlements from both defendants.
• Stop the Beach Renourishment, Inc. v. Fla. Dep’t of Evntl. Servs.; Carr v. United States (U.S. Supreme Court) While in law school, drafted briefs, researched, proposed arguments, and prepared advocates for oral argument, resulting in two victories in the U.S. Supreme Court. In Stop the Beach Renourishment, the clinic successfully represented Walton County and the City of Destin in novel case about judicial takings and Florida property law. In Carr, we successfully represented petitioner Carr against the United States on statutory interpretation issues for a criminal statute.

Energy-Related Appeals and Litigation

• Midstream energy company. (Subsurface Migration) Lead appellate counsel for Energy Transfer in suit brought by Ageron over novel issues of Texas law involving subsurface migration of hydrogen sulfide, obtaining reversal and dismissal of entire suit that sought nearly $200 million. The Court of Appeals agreed with Energy Transfer that Ageron lacked standing because Ageron’s predecessors had already suffered legal injury to the property from the hydrogen sulfide before Ageron acquired its interest. The Texas Supreme Court denied review, leaving the appellate decision in place.
• Midstream energy company. (Subsurface Migration) Appellate counsel for Energy Transfer in long-running suit brought by SilverBow (formerly Swift) over novel issues of Texas law involving subsurface migration of hydrogen sulfide. Currently pending in the San Antonio Court of Appeals.
• BP v. SIMCOE (Arbitrability) Lead appellate counsel for SIMCOE, a private equity fund. Secured affirmance of the trial court’s denial of BP’s motion to compel arbitration based on complex dispute resolution provisions in oil and gas purchase agreements.
• BTEC v. Rockland Capital (Power Company LLC Agreement) Lead appellate counsel for Rockland Capital portfolio company that owned a power plant. Drafted successful summary judgment motions. Argued in the First Court of Appeals on a complex, multi-issue, intra-company TCPA dispute between members of Delaware LLC. Settled favorably after argument.
• Southwestern Manufacturing v. Forum Energy Technologies (Contract) Lead trial counsel in dispute over quality of manufactured goods in the oil & gas industry. Secured dismissal or summary judgment on numerous claims. Prepared and cross-examined experts. Case settled favorably on the eve of trial.

General Commercial Appeals and Litigation

• Marshall Family (Trust and Fiduciary Litigation) In numerous cases over the Marshall family’s trusts and inheritance, served as trial and appellate counsel for Elaine T. Marshall and MarOpCo, Inc., which administers the family’s substantial interests. Drafted numerous briefs to defend clients’ interests, leading to significant victories. Developed strategy in trial and appellate courts.
• TWC Aviation v. World Tech Aviation (Aviation Contract / Fraudulent Lien) Lead appellate counsel for TWC, securing total victory on appeal, flipping from the client owing $1.3 million to the client being owed about $1.3 million. Presented oral argument in First Court. The Court of Appeals reversed and rendered a take-nothing judgment against World Tech and reversed and rendered judgment in favor of TWC.
• In re Houston Astros, LLC (Class-action season-ticket holder suit) Secured complete victory on class action claims against Houston Astros involving issues of first impression relating to liability for how a sport is played; drafted briefs in trial and appellate courts; developed successful strategy involving TCPA.
• Williams v. Happy State Bank (Bank Contract) Lead appellate counsel for bank customer, securing reversal of dismissal of a key claim in appeal over bank’s breach of contract by charging improper fees. Drafted briefs and argued in Texas’ Seventh Court of Appeals, then successfully defended against motions for rehearing and petition for review in the Supreme Court of Texas.
• Houston Methodist v. Lashford (Health Care Liability) Lead appellate counsel for Houston Methodist doctor, securing reversal and dismissal of all claims in appeal over adequacy of expert report for a healthcare-liability claim.

Technology-Related Appeals and Litigation

• BMC Software v. IBM (Software Contract / Fraud) Represented IBM in district court and Fifth Circuit in $1.7 billion contract and fraud dispute with BMC Software that resulted in a take-nothing judgment in IBM’s favor. Helped IBM secure over $40 million in fees and costs after appeal.
• State of Texas v. Google (Personal Jurisdiction over Internet) Represented Google as appellate counsel in suit brought by the State of Texas seeking billions in penalties under the Deceptive Trade Practices Act, securing reversal and dismissal of suit due to lack of personal jurisdiction in connection with statements made online.
• Harris Local Government Solutions v. True Prodigy (Software Copyright and Trade-Secret) Co-leading team in dispute over alleged copyright infringement and trade-secret misappropriation in connection with software source code. Drafted and argued motions to dismiss, currently pending in the Eastern District of Texas.
• Jewelry Television v. IBM (Software Contract / Fraud) Represented IBM in appeal and five-week jury trial on breach of contract and fraud relating to software implementation. Drafted successful briefing in federal district court and Sixth Circuit that saved IBM over $25 million.
• Lufkin Industries v. IBM (Software Contract / Fraud) Prepared and cross-examined damages experts, drafted summary judgment briefing in dispute over software implementation.

TCPA Appeals / Motions

• A. Mills v. Kotts Drafted multiple TCPA motions in trial court; lead counsel in appeal currently pending in Fourteenth Court of Appeals.
• Church of Sacred Synthesis v. Revenga Lead appellate counsel seeking affirmance of TCPA dismissal. Currently pending in Third Court of Appeals.
• Marshall Family Drafted TCPA motion. Plaintiff dropped claim and agreed to granting of TCPA motion.
• Rockland v. CPD Helped draft TCPA motion and reply. Plaintiff dropped $120M in tortious interference claims immediately before TCPA hearing.
• Midstream energy company. Lead appellate counsel. TCPA permitted interlocutory appeal, where court of appeals dismissed on other grounds. Texas Supreme Court declined the case, leaving the appellate dismissal intact.
• Terry v. Lange Led drafting of TCPA motion. Plaintiff dropped lawsuit after motion filed.
• In re Houston Astros Drafted TCPA briefing in trial court and appellate court. Plaintiffs dropped lawsuit on appeal rather than face potential fees and sanctions.
• Rockland v. BTEC Drafted and argued TCPA motions in trial court, drafted briefs and presented oral argument in court of appeals. Client settled favorably after oral argument.
• Fulcrum Credit v. Kent International Drafted and argued TCPA motion. Obtained complete dismissal of breach-of-contract, declaratory judgment, and promissory estoppel counterclaims.