Attorney Profile

Mr. Russell has received numerous professional recognitions on a local, state, national, and international level:

Chambers USA - America's Leading Lawyers for Business
2004-2006: One of eleven "Up-and-Coming" individuals in the world in international arbitration, only approximately three of which were from the U.S.  2007: One of the top 52 lawyers in the United States selected as "Leading Individual" in international arbitration.

H Texas Magazine - Top Lawyers Edition
Selected by readers and Houston legal community as one of Houston's Top Lawyers in 2007.

Texas Monthly: Texas Super Lawyers - Rising Stars Edition
Recognized as a "Rising Star" in the Texas legal community in the fields of business litigation and international arbitration/litigation for 2004 - 2007.

Martindale Hubbell
AV Peer-Review Rating for meeting the highest standards for professional capability and ethics.  Martindale Hubbell explains "An AV rating is a significant accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence.

Examples of Mr. Russell's experience include:

Oil & Gas

• Representation through final hearing of Claimant in obtaining $71 million arbitration award in dispute regarding drilling interests in China between U.S. oil companies. (AAA International Rules, New York).
• Prosecution of claim by major U.S. oil and gas company against Mexican natural gas company regarding purchase and sale agreement. (Texas St. Ct.).
• Defense of a Guatemalan oil company in an action by U.S. company alleging fraud relating to its interests in Guatemala. (U.S.D.C.).
• Prosecution of breach of contract claim for natural gas licenses, expropriation, and violation of bilateral investment treaty. (ICSID).
• Representation of major U.S. oil and gas company in a $100 million cost recovery dispute against a South-Asian government. (ICSID).

Construction & Plant Explosions

• Representation through final hearing defending major U.S. construction company in an arbitration in London under German law arising out of a plant explosion in U.S. generating approximately $20 million in damages.  (ICC)
• Prosecution of claim by U.S. chemical company against equipment manufacturer arising out of plant explosion generating over $20 million in damages. (Texas St. Ct.)
• Defense of Mexican industrial boiler manufacturer in dispute with E.P.C. contractor regarding construction of power plant in Venezuela. (Ad hoc arbitration, Texas).
• Preparation of claim by U.S. construction company in dispute with foreign national oil company over delay damages and change orders arising out of offshore platform construction. (ICC, Mexico)     

Power Sector Disputes

• Prosecution of a $35 million claim arising out of power purchase agreement for U.S. energy company against Central-American government.  (ICC).
• Representation of Central-American power company against U.S. company in a dispute arising out of fuel supply agreements. (AAA International Rules, New York)

General Commercial/Business Litigation

• Successful defense of major U.S. chemical company in claim to reform supply contract seeking over $20 million in damages. (U.S.D.C)
• Defense through appeal of Mexican waste company in letter-of-credit litigation with U.S. waste company through appeal in Fifth Circuit.  Residuous Industriales Multiquim, S.A. de C.V. v. Waste Management, Inc., 372 F.3d 339 (5th Cir. 2004); 19(6) Mealey's International Arbitration Report 9 (June 2004).
• Defense of Mexican affiliate of major bottling company in commercial dispute arising out of Mexican arbitration award seeking over $75 million. (U.S.D.C.)
• Defense of U.S. chemical company in breach of contract / force majeure action arising out of sale of commodity chemical.
• Prosecution of copyright and misappropriation of trade secrets action on behalf of bank for software programs misappropriated by former employees. (Texas St. Ct.)
• Representation of U.S. construction firm in defense of indemnity claim arising out of wrongful death explosion case. (Texas St. Ct.)
• Prosecution of fraud action by French environmental company against Mexican and U.S. individuals based on allegations of fraudulently increasing EBITDA in target company. (Texas St. Ct.)

Investment Disputes & Bilateral/Multilateral Investment Treaty Claims

• Preparation of $440 million claim involving an expropriation and violation of a bilateral investment treaty relating to South-American water concession. (ICSID).
• Preparation of $600 million ICSID arbitration involving an expropriation and violation of a bilateral investment treaty by the assessment of provincial taxes based on a novel tax theory by South-American nation. (ICSID).
• Representation of U.S. subsidiary of major British oil company in preparation of ICSID arbitration against the Caribbean Government involving breach of contract claims relating to an oil and gas concession, as well as claims for expropriation and violation of a bilateral investment treaty. (ICSID).

Securities Litigation

• Prosecution of investor fraud case occurring in Houston, Mexico, the Cayman Islands, and Ireland. (U.S.D.C).
• Defense of various securities broker/dealer claims, including corporate raiding cases (NASD arbitration & Texas St. Ct.)abor & Employment

Labor & Employment

• Assist major U.S. company in internal investigation in Houston region arising out of discrimination allegations.
• Defense of global diversified resources company in breach of contract and fraud action relating to employment contract on Peruvian project. (Texas St. Ct.)
• Representation of numerous diverse companies on corporate raiding, covenant not to compete, and confidential information cases and injunctions.

Tort Claims & Professional Liability

• Defense through trial of $18 million fraud action against lawyer and insurance company arising out of a malpractice action related to a patent infringement action. Jury reached a defense verdict. (Texas St. Ct.)
• Defense through trial of medical malpractice action based upon alleged misdiagnosis. The jury deliberated less than one hour to reach defense verdict. (Texas St. Ct.)
• Defense through trial of a medical malpractice action against plastic surgeon.  Jury reached a defense verdict. (Texas St. Ct.)
• Defense trough trial and appeal of law firm on equitably subrogated legal malpractice action. Successful in both trial and appeal. (Texas St. Ct.)
• Defense through ad-hoc arbitration final hearing of legal malpractice case arising out of an insurance coverage opinion.  Result confidential. (Texas Gen. Arb. Act)
• Prosecution through trial of medical malpractice case regarding failure to diagnose occluded artery causing loss of kidneys and subsequent death of patient. (Texas St. Ct.)
• Defense of toxic tort actions (exposure to silica dust, asbestos, benzene, and others) against hundreds of individual plaintiffs. (Texas St. Ct.)

Appellate experience

• 5th Circuit: Brief writer and lead attorney at oral argument in appeal regarding novel federal procedural issues.  Residuous Industriales Multiquim, S.A. de C.V. v. Waste Management, Inc., 372 F.3d 339 (5th Cir. 2004); 19(6) Mealey's International Arbitration Report 9 (June 2004).
• 14th Court of Appeals: Brief writer and lead attorney at oral argument for Appellee in multi­million dollar legal malpractice action.  See Case No. 14-97-00974-cv, 1999 Tex. App. Lexis 6222 (Tex. App. - Houston [14th Dist.] (August 19, 1999)
• 14th Court of Appeals: Brief writer and lead attorney in mandamus regarding independent mental examination of a minor.  In re Martinez, No. 14-99-39-cv (Tex. App. - Houston [14th Dist.] (1999).
• Brief writer in state and federal appellate courts covering issues in the fields of torts [Isbell v. Ryan, 983 S.W.2d 335 (Tex. App.- Houston [14th Dist.] 1998, no writ)], medical malpractice [Rubalcaba v. Kaestner, 981 S.W.2d 369 (Tex. App.- Houston [1st Dist.] 1995, no writ)], legal malpractice [See 928 S.W.2d 644 (Tex. App.- San Antonio 1996, writ denied)], and the Federal Arbitration Act [In re Apache Bohai Corp., 330 F.3d 307 (5th Cir. 2003)].

Mr. Russell graduated from S.M.U. in 1992 with a triple major in English, Spanish, and Latin-American Studies.  During this time, he spent over a year studying in Spain and Mexico.  Mr. Russell obtained his JD from South Texas College of law in 1995.  He was ranked eleventh in his class, and was an Assistant Editor on the South Texas Law Review.  He was a member of the Order of the Barristers and Order of the Lytae.  In law school, Mr. Russell had extensive experience in moot court and mock trial, including placing second in the nation with the third best brief in the nation in the 1995 American Bar Association National Moot Court Competition.

Mr. Russell served two terms on the State Bar of Texas Grievance Committee (Houston) from 2000 through 2004.  He is a member of several international organizations including being on the Advisory Committee for the Institute for Transnational Arbitration, as well as being a member of the International Bar Association, and the Houston International Arbitration Club.  Mr. Russell is admitted to practice in Texas and in the United States Supreme Court, Fifth Circuit Court of Appeals, Southern District of Texas, and Northern District of Texas.

Mr. Russell has given numerous papers, publications, and seminars including:

• Article: Survey of Arbitration Awards Under Chapter 11 of NAFTA, 19(6) J. Int. Arb. 505 (December 2002);
• Article: Doing Business in Texas: Alternate Dispute Resolution, (Larry B. Pascal ed., International Law Section, State Bar of Texas 2002); Cómo Hacer Negocios en Texas: Métodos Alternativos de Resolución de Conflictos, (Larry B. Pascal ed., International Law Section, State Bar of Texas 2002);
• Speaker: Aspectos Importantes de la ley de EE.UU. Sobre Arbitraje Internacional, presentación a La Barra Mexicana, Colegio de Abogados, México, D.F., 1 de Agosto de 2007. (Spanish);
• Speaker: "Drafting Arbitration Clauses," Annual Meeting of Corporate Counsel Section of the Houston Bar Association, May 5, 2003;
• Speaker: "International Arbitration," High Technology Litigation seminar, State Bar of Texas, February 20-21, 2003;
• Speaker: "International Commercial Arbitration" King & Spalding sponsored e-seminar, January 14, 2003;
• Speaker: "Lawyers, Liars and Litigation," Texas Women's University School of Nursing, April 27, 1996.
• Article: Evident Partiality: An Evident Quagmire for Corporate Employees Serving as Arbitrators, Institute for Transnational Arbitration News and Notes, Vol. 21(4) (Autumn 2007) [see attachment]