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John T. Klug
Career Highlights
John Klug's more than thirty-five years of practice has involved extensive experience in both litigation and transactional matters. On the litigation side he has appeared before forums as diverse as the United State Supreme Court, the New York City Human Rights Commission, and the Maine Securities Board. He has appeared in various state and federal trial courts across the nation from Maine, New York, New Jersey, and Florida in the east to Texas, Colorado, and California in the west. In the transaction arena he has worked on complex financings around the world, corporate takeovers, mergers and acquisitions, and public and private securities offerings.
In addition to the courts of the States of Texas and New York, John is admitted to practice before the United States Supreme Court, United States Courts of Appeals for the Second, Fifth, and Federal Circuits, United States District Courts for the Southern and Eastern Districts of New York, the Northern, Southern, Eastern, and Western Districts of Texas, the District of Colorado, and the Northen District of California.
Representative Engagements
- Principal counsel for money center bank in multi-million dollar tax case from inception to New York State's highest court and in securing writ of certiorari and reversal in the United States Supreme Court.
- Lead counsel in obtaining summary judgment in favor of hospital management client in partnership derivative suit followed by award of almost $700,000 in fees and sanctions after trial of counterclaim.
- Co-lead counsel for accused patent infringer in jury trial resulting in findings of patent invalidity on five separate grounds.
- Represented major high tech company as both patentee and accused infringer in several patent cases resulting in favorable settlements and judgment that adversary's patent was unenforceable based on inequitable conduct.
- Counsel for major investment banking firm as financial advisor to offerors and targets in several highly publicized tender offers.
- Represented national real estate developer in series of innovative financings blending bank loans and proceeds of commercial paper offerings that were credit enhanced by letters of credit or insurance policies.
- Lead counsel for multi-state bank group in conversion of bank debt into preferred stock in public company.
- Traveled to Cairo, Egypt to negotiate re-opening of money center bank's office there and first loans to agencies of the Egyptian Government during early stages of Egypt's rapprochement with the West.
- Counsel for committee of bondholders of public company in workout.
- Counsel for bank trust department in its capacity as indenture trustee in issuance of debt under the Trust Indenture Act and as exchange agent, depositary agent, and escrow agent in tender offers and private transactions.
- Obtained summary judgment in the United States District Court for the Southern District of Texas and a unanimous affirmance in the United States Court of Appeals for the Fifth Circuit in defending one of the country's largest defense contractors in a qui tam False Claims Act case seeking $100 million in damages. See United States ex rel Laird
- Counsel for major sporting goods manufacturer in trademark and tradedress case against importer resulting in agreed injunction and damages.
Professional background
- Schirrmeister Diaz-Arrastia Brem LLP, Houston (2004-present)
- Schirrmeister Ajamie, L.L.P., Houston (2001-2003)
- Broocks, Baker & Lange, L.L.P., Houston (1996-2000)
- Honigman, Miller, Schwartz & Cohn, Houston (1990-1995)
- Winstead, Sechrest & Minick, P.C., Dallas/Houston (1983-1990)
- Shearman & Sterling, New York (1972-1983)
Education
- University of Michigan (J.D., 1972)
- Georgetown University (A.B., Cum Laude, 1969)
Admissions and Affiliations
- Member, American Bar Association, State Bar of Texas, New York Bar, and Houston Bar Association.
- Member, Houston Intellectual Property Law Association
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