Gabriel Kaim focuses his practice on complex commercial litigation with concentrated experience in the energy, aviation and construction arenas.
While in law school, Gabriel was a judicial intern for Judge David Hittner, United States District Court for the Southern District of Texas and for Chief Judge Marvin P. Isgur, United States Bankruptcy Court for the Southern District of Texas.
Gabriel joined Gibbs & Bruns in 2019 after beginning his litigation career with Norton Rose Fulbright (formerly Fulbright & Jaworski) in Houston.
EnVen Energy Corp. v. Dunwoody
Trial victory in representation of David Dunwoody, in case brought in Delaware Chancery Court by former company EnVen Energy Corp. EnVen alleged that Mr. Dunwoody’s father was affiliated with one of EnVen’s suppliers and that Mr. Dunwoody concealed his father’s relationship from the Company. Trial was held from July 24-28, 2023. At the close of evidence, Chancellor McCormick announced her impressions, all in favor of Mr. Dunwoody, including that Dunwoody “was not aware that this father received commissions from OPT until this lawsuit” and that it was “difficult to conclude that Mr. Dunwoody, Jr. should have known about the commissions.” The Chancellor remarked that “Mr. Dunwoody, Jr. told Mr. Weyel [EnVen’s CEO] about his concerns of his father’s relationship with OPT” and that “Mr. Weyel was the logical person to tell.” After numerous other impressions in favor of Mr. Dunwoody, the Chancellor concluded that “I imagine that’s not great news for half of you.” After receiving the Chancellor’s remarks, EnVen agreed to dismiss its claims against Dunwoody with prejudice—for zero dollars.
Confidential ICDR Arbitration
Representing major U.S. oil and gas company in dispute with foreign company arising out of expropriation of oilfield assets.
Enterprise Products Operating LLC v. Amec Foster Wheeler USA Corp.
Represented Enterprise in a breach of contract and fraudulent inducement lawsuit in Texas state court against Enterprise’s former general contractor and its British parent company concerning a multibillion-dollar petrochemical refinery constructed in Mont Belvieu, Texas. Over six years of litigation, Enterprise overcame a special appearance by the British parent company, which was appealed to the United States Supreme Court, multiple summary judgment motions, and four motions to exclude Enterprise’s experts. Following the conclusion of a three-month bench trial, the defendants paid Enterprise $115 million to settle the case before the court issued its judgment.
David M. Dunwoody, Jr. v. EnVen Energy Corp. et al.
Represented David Dunwoody, co-founder and former president of EnVen, in a three-week jury trial based on a dispute under his employment agreement. Mr. Dunwoody sought damages for his severance benefits package, including the value of his unvested shares, which EnVen refused to provide for more than two years. The jury returned a complete plaintiff’s verdict, finding that Mr. Dunwoody had multiple, independent grounds for contractual “Good Reason,” each entitling him to his severance benefits package, and awarded Mr. Dunwoody full damages. In September 2021, the court entered a $12.4 million final judgment in favor of Mr. Dunwoody.
City of Texas City v. Buckeye Development & Logistics LLC, et. al.
Represented a coalition of pipeline companies in a dispute before the Railroad Commission of Texas related to the City of Texas City’s increase in annual pipeline fees. The Railroad Commission rejected the fee increase and accepted the coalition’s calculation of annual fees, resulting in significant, ongoing annual savings to the pipeline companies.
Perez et. al. v. Phillips 66 Pipeline, LLC
Represented Phillips 66 in a nuisance and trespass case brought by 15 landowners related to alleged water damage to the landowners’ property. After discovery and motion practice, obtained a complete summary judgment dismissal of all claims brought by the landowners.
Bridgeman et. al v. United Continental Holdings, Inc.
Represented United Airlines in a case involving claims of discrimination based on sexual orientation, invasion of privacy, and personal injury. Obtained a take-nothing directed verdict at trial and drafted the Fifth Circuit brief resulting in the verdict being upheld on appeal.
Lechin v. United Airlines, Inc.
Represented United Airlines against claims of malicious prosecution and defamation. Obtained summary judgment dismissal of all claims and drafted the Fifth Circuit brief resulting in the dismissal being upheld on appeal.
TCPA Litigation
Represented a private Texas university against multiple defamation and tortious interference claims. Drafted motions to dismiss pursuant to the Texas Citizens Participation Act which led to the plaintiffs either dropping their claims or the claims being dismissed. Drafted multiple appellate briefs resulting in the dismissals being upheld on appeal.
Pro Bono Representation
Represented a victim of sexual assault sued for defamation in federal court. Drafted a motion to dismiss pursuant to the Texas Citizens Participation Act resulting in the plaintiff dropping all claims.
University of Houston Law Center, J.D., magna cum laude, 2012
Order of the Coif
Order of the Barons
Notes and Comments Editor, Houston Law Review
University of Texas at Austin, B.A., Finance, 2009
Listed in Best Lawyers: Ones to Watch, 2022-2023
Commercial Litigation
Named a “Texas Rising Star” by Thomson Reuters’ Texas Super Lawyers, 2017-2023
State Bar of Texas
Houston Bar Association, Member
Co-author with Nicholas A. Morrow “Examining the Standard of Care of Failure to Divert During In-Flight Emergencies,” 13 Issues Aviation L. & Pol’y 361 (2014)
“Harris County Bench Book,” ALM Publication, 2013