Mark A. Giugliano


[email protected]

Christina Pena


[email protected]

Mark Giugliano focuses his practice on complex commercial litigation. His practice includes representation of both plaintiffs and defendants in an array of areas, including construction, energy, contracts, trusts and estates, products liability, class action, and securities litigation.

Before law school, Mark worked with Ernst & Young, LLP’s National Planning Group as an internal strategy consultant.  Following law school, Mark was a briefing attorney to Justice Nathan L. Hecht of the Supreme Court of Texas from 1999 to 2000.

Representative Matters

$115 Million Settlement for Enterprise Following 3-Month Bench Trial of Construction Suit
Enterprise Products Operating LLC v. Amec Foster Wheeler USA Corp.; Amec Foster Wheeler plc
Represented Enterprise in a breach of contract and fraudulent inducement lawsuit in Texas state court against Enterprise’s former general contractor, Amec Foster Wheeler USA Corp., and its British parent company, Amec Foster Wheeler plc, concerning a multi-billion dollar petrochemical refinery constructed in Mont Belvieu, Texas from 2013-2017.  The project, which involved a multi-office execution approach, including high-value engineering centers overseas, hundreds of engineers, and thousands of construction personnel, experienced hundreds of millions of dollars in cost increases and exceeded planned completion targets by over a year. Over the course of 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 that occurred from April through July 2022, the defendants paid Enterprise $115 million to settle the case before the court issued its judgment.

Significant Settlement of Plaintiff’s Breach of Contract Matter Involving Over $15 Million in Losses and an Exemplary Damages Claim
Tanos Exploration II, LLC v. PetroTech Solutions, LLC, et al.
We represented Tanos Exploration II, LLC in a suit filed in April 2020 against its chemical supplier, Petro Tech Solutions, LLC, in Harrison County, Texas for products liability, breach of contract, and breach of warranty.  On December 25, 2019, one of Tanos’s wells in East Texas had a blow-out, which resulted in an out-of-control well and the evacuation of the surrounding area.  Tanos got the well under control, and in investigating the cause of the blow-out, found severe corrosion in the valve at the well head.  Tanos discovered that the chemicals that Petro Tech had injected into the blown-out well – and approximately 28 of their other wells – were actually highly corrosive and literally chewed away the metal to which they were exposed.  Tanos spent several million dollars repairing the blown-out well, and then spent millions more in testing and working over each of its other affected wells.  Tanos’s equipment losses and repair costs exceeded $12 million, and its lost reserves totaled an additional $3 million; total losses were approximately $15 million.  Tanos also alleged exemplary damages against PetroTech, and months before trial, the Court found that Tanos had “demonstrated a substantial likelihood of success on the merits of a claim for exemplary damages.”  After multiple continuances requested by Defendants, this matter settled very favorably for Tanos on confidential terms shortly before trial was scheduled to begin in February 2023.

Successful Resolution of Chevron’s 7-Year Dispute Against Energy Majors Regarding the Trans-Alaska Pipeline   
Unocal Pipeline Company v. BP Pipelines (Alaska) Inc., et al.
Represented Chevron Corporation affiliate in seven-year litigation in Houston district court against affiliates of BP p.l.c., ConocoPhillips Company, and Exxon Mobil Corporation relating to Chevron’s withdrawal from the Trans-Alaska Pipeline System.  Litigation involved a series of summary judgment motions, upon which Chevron has prevailed at each turn.  After prevailing on appeal at the Houston Court of Appeals and succeeding in having the petition for review denied at the Texas Supreme Court, the case settled favorably for our client.

Major Defense Win in Multi-Billion Dollar Environmental Trial for Waste Management
Harris County, Texas, et al. v. International Paper Company, et al.
Represented Waste Management, Inc. and Waste Management of Texas, Inc. in a case brought by Harris County, Texas alleging over 40 years of discharges into the San Jacinto River from a dump site containing paper mill waste that was abandoned in the late 1960’s. Citing various sections of the Texas Water Code and Texas Administrative Code, Harris County sought daily penalties of over $3 billion from Waste Management and McGinnes Industrial Maintenance Corporation (a/k/a “MIMC”), the company that performed the disposal operations in the 1960s, and which many years later became a wholly owned subsidiary of Waste Management of Texas, Inc. Shortly before trial, the court granted a summary judgment dismissal of all claims against Waste Management, Inc. After the close of the evidence at trial, the court granted a directed verdict holding that the waste site constituted one facility for statutory purposes, meaning that Harris County could not multiply the penalties by three. On the morning closing arguments were scheduled, Harris County agreed to settle with Waste Management of Texas and MIMC for $29.2 million.

Summary Judgment and Dismissal Wins for FTE in Putative Nationwide Class Actions  
Verde v. FTE Automotive USA, Inc., et al.
Represented FTE, a tier-one automotive supplier, in a series of putative nationwide and state class actions in Texas and Oklahoma federal court alleging breach of warranty and other product liability theories.  Successfully moved to dismiss the Oklahoma action, and then successfully moved for an early summary judgment in the Texas action (based primarily on successor liability issues related to the Chrysler bankruptcy).

Favorable FINRA Arbitration Settlement for Private Equity Firm
Defended private equity firm in a multimillion-dollar fee dispute brought by a former placement agent.  The case was arbitrated before a FINRA panel.  After plaintiff rested its case, we moved for a directed verdict.  The case settled favorably prior to the panel ruling on our directed verdict motion.

Substantial Plaintiff’s Settlement in Shareholder Oppression Suit With $100 Million+ in Damages
Scott Martin, et al v. Martin Resource Management Corp., et al.
Represented Keeneland Capital Management, LLC (“KCM”) in a shareholder derivative and individual suit involving its investment in Martin Resources Management Corporation (“MRMC”), a closely-held energy corporation.  KCM purchased a significant number of shares in MRMC from a key stakeholder, and was assigned that seller’s causes of action against members of management and the Board of Directors for, among other claims, shareholder oppression, breach of fiduciary duty, wrongful entrenchment and dilution, abuse of control, gross mismanagement and fraud stemming from the Directors’ alleged improper issuance of over $50 million of MRMC stock. MRMC and the MRMC Employee Stock Ownership Trust also opposed KCM in this action, and, along with the other defendants, asserted counterclaims for over $20 million in alleged damages against all plaintiffs and other third parties.  After two years of intense litigation involving several other related lawsuits, the case settled favorably for KCM for a confidential amount.

Secured Favorable Defense Settlement in $42 Million Construction Matter
Panhandle Eastern Pipeline Company, LP v. Acuren Inspection, Inc., et al.
Represented Defendant Tulsa Inspection Resources, Inc., a Tulsa-based inspection company, in a lawsuit brought by Panhandle, a pipeline owner, seeking over $42 million in damages allegedly caused by defective welding performed during the installation of a new, 31-mile pipeline in Indiana in 2007.  Secured a favorable, confidential settlement early in the discovery phase of the case.

Successful Defense Representation in Matter Brought by San Jacinto River Authority
San Jacinto River Authority v. Western Summit Constructors, Inc., et al.
Represented Western Summit in a dispute with SJRA concerning alleged deficiencies in the design, specifications, and installation of a UV system in a waste-water treatment facility.  Negotiated a favorable resolution before suit was filed, including the release and payment of Western’s full retainage withheld by SJRA.

Obtained Dismissal of Client Mustang from Construction and Engineering Defect Case
Valero Refining-Texas, L.P. v. Marsulex Environmental Technologies, L.L.C., et al.
Represented Mustang in a suit brought by Valero alleging defective engineering, inspection, and construction of the dip legs on regenerator cyclones for Valero’s Texas City Refinery Fluid Catalytic Cracking Unit.  Convinced Valero to dismiss Mustang from the suit after a single meeting following the initial document review.

Successful Settlement of Multimillion-Dollar Trust Matter for Trustees
Yvonne Melcher v. Richard L. Kerr, et al.
Represented co-trustees of a multimillion-dollar trust in a lawsuit brought by the primary beneficiary claiming breach of fiduciary duty, breach of trust, and conversion.  After successfully defending against a temporary injunction sought by plaintiff, the dispute was settled on favorable terms for our clients. 

Secured Favorable Settlement for Zachry in Construction Dispute
Zachry v. ABB
Represented H.B. Zachry Company and Zachry Construction Corporation in a dispute concerning construction cost overruns and delay costs sustained by our clients while building a $700 million ethylene cracking plant.  After nearly two years of litigation, the case settled very favorably for our client, and is confidential at the request of defendants.

Multi-Million Dollar Settlement in Nationwide Class Action Against Ford
Cuesta, et al. v. Ford Motor Co. and Williams Controls, Inc.
Represented Class Representatives and a nationwide Class of over 500,000 individuals against Ford and WCI in a products liability class action alleging defective electronic throttle controls installed in hundreds of thousands of Ford super-duty trucks, seeking class damages exceeding $90 million.  Litigation commenced in 2004, the Class was certified in 2007 and re-certified in 2009 after appeals to the Oklahoma Court of Appeals and the Oklahoma Supreme Court, and after defendants’ petition for certiorari was denied by the U.S. Supreme Court. A multimillion-dollar settlement was secured in favor of the Plaintiffs.

Favorable Settlement of $300 Million Matter for Charitable Foundation  
Ruth Bauer v. Bauer Foundation
Represented the Charles T. Bauer Foundation, a charitable organization created by the late Ted Bauer, founder of AIM Investments. The Foundation was an intervener in a lawsuit brought by Mr. Bauer’s estranged spouse against his estate alleging that community property was mismanaged during his lifetime.  Plaintiff alleged over $300 million in damages.  The lawsuit was settled on very favorable terms, and the Foundation was able to continue its charitable giving.


University of TexasJ.D.with honors1999
  Order of the Coif
  Chief Articles Editor, Texas Law Review

Yale UniversityB.A.1994


Names in The Best Lawyers in America, 2024

Recognized by Legal 500 US
  Recommended in Energy Litigation, Oil & Gas, 2019-2022
  Recommended in General Commercial Disputes, 2018, 2020

Named in Benchmark Litigation, 2011-2024
  Commercial, Energy, Securities Litigation

Named to Lawdragon Guides  
  “500 Leading Litigators in America,” 2022 (Inaugural Issue)-2024
  “500 Leading Energy Lawyers,” 2024

Listed in Chambers USA, “Up and Coming Lawyer,” Energy Litigation, 2010

Named a “Texas Super Lawyer” by Thomson Reuters, 2014-2015

Named a “Texas Rising Star” by Texas Super Lawyers, 2004-2005, 2008-2009

Admissions and Certifications

State Bar of Texas
United States District Court for the Northern District of Texas
United States District Court for the Southern District of Texas
United States District Court for the Eastern District of Texas

Memberships and Affiliations

American Bar Association, Member
Houston Bar Association, Member
Houston Bar Foundation, Fellow

Presentations and Publications

Litigation 101: An Introduction to the Basics of Civil Litigation,” NADOA 31st Annual Inst. J., Vol. XVI (Sept. 2004)