Mark A. Giugliano

Partner
713.751.5264

mgiugliano@gibbsbruns.com

Christina Pena

Assistant
713.751.5250

cpena@gibbsbruns.com

Mark Giugliano focuses his practice on complex commercial litigation.  His practice includes representation of both plaintiffs and defendants in an array of areas, including energy, construction, intellectual property focused on patent and copyright infringement, trust, 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

Scott Martin, et al v. Martin Resource Management Corp., et al.
We 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 in the business of transportation, storage, terminalling and processing of energy resources.  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 well over $50 million of MRMC stock for the purpose of entrenching management and diluting certain minority shareholders.  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 that involved several other related lawsuits, the case settled favorably for KCM for a confidential amount on October 2, 2012.

In the Matter of J.V. Industrial Companies, Ltd. and Victoria WLE, L.P. before the American Arbitration Association
Represent JVIC, a Houston-based construction firm, in an arbitration against Victoria WLE, L.P. involving the re-development and refurbishing of a natural gas-fired electric generation facility in Victoria County, Texas.  JVIC has asserted that Victoria has breached the parties’ EPC contract by refusing to pay JVIC over $20 million for engineering, procurement, and construction work it performed in getting the facility operational.  Victoria’s asserted defenses include unnecessary cost overruns and faulty construction.

Panhandle Eastern Pipe Line Company, LP v. Acuren Inspection, Inc., Latex Construction Co., Willbros Engineers, LLC, and Tulsa Inspection Resources, Inc.
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.

San Jacinto River Authority v. Western Summit Constructors, Inc., Trojan Technologies, Inc., CH2M HILL
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.

Valero Refining-Texas, L.P. v. Marsulex Environmental Technologies, L.L.C., Fisher Klosterman, Inc., Les Aciers Sofatec, Inc., Jacobs Engineering, Inc., Mustang Engineering, L.P. and Mustang Engineering Holdings, Inc.
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.

Yvonne Melcher v. Richard L. Kerr, et al.
Represented co-trustees of a multi-million 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 client.

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 (at that time was the world’s largest ethylene plant by volume).  After nearly two years of litigation, the case settled very favorably for our client, and is confidential at the request of defendants.

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 initially certified and 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 United States Supreme Court. Secured a multi-million dollar settlement in favor of the Plaintiffs in 2010.

Ruth Bauer v. Bauer Foundation
The firm 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 Mr. Bauer’s estate alleging that Mr. Bauer mismanaged community property during his lifetime.  Plaintiff alleged over $300 million in damages, an amount that would have depleted all of the Foundation’s funds.  The lawsuit was settled on very favorable terms, and the Foundation was able to continue its charitable giving without substantial interruption.

Education

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

Yale UniversityB.A.1994

Recognition

Recognized by Legal 500 USA
  Recommended in General Commercial Disputes, 2018

Named in Benchmark Litigation, 2011-2019

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

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

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)

Press