First Admitted: 1987, Texas

Professional Webpage: https://mouerhuston.com/lawyers/jeffrey-elkin/

Bar / Professional Activity:

United States District Courts for the Southern Districts of Texas, 2024
United States District Courts for the Western Districts of Texas, 2024
United States District Courts for the Northern Districts of Texas, 2024
United States District Courts for the Eastern Districts of Texas, 2024
United States Court of Appeals for the Fifth Circuit, 2024
State Bar of Texas, Member, 2024
State Bar of Colorado, 2024
Member, State Bar of Texas - Litigation Section Member, Houston Bar Association - Litigation Section Member, 2024

Verdicts / Settlements (Case Results):

Won dismissal under Rule 12(b)(6) of plaintiff's claim for contractual indemnity based on the indemnity provision did not meet the Texas fair notice standard., 2024
Won appeal at the Texas Fourteenth Court of Appeals affirming summary judgment granted in favor of secured lender against estate of deceased guarantor., 2023
Won dismissal under Rule 12(b)(6) of surety's claims for conversion, money had and received, and unjust enrichment arising out of lender's seizure of funds in debtor's account., 2023
Obtained dismissal under the Texas Anti-SLAPP statute of majority of plaintiff's claims for defamation, business disparagement, antitrust, and violation of the Lanham Act asserted against regional fuel and lubricant distributor. , 2021
Achieved dismissal of third-party contribution claim on behalf of international bulk shipping company in breach of contract lawsuit. Dismissal led to favorable settlement., 2021
Secured dismissal of plaintiff's fraud, fraudulent transfer, and negligent misrepresentation claims against Texas-based start-up environmental remediation company., 2020
Secured dismissal under section 230 of the U.S. Communications Decency Act (47 U.S.C. § 230) and the Texas Anti-SLAPP statute of defamation claims asserted against consumer protection organization client over on-line publication of “Scam Report.”, 2019
Secured dismissal and recovered attorney’s fees and sanctions under Texas Anti-SLAPP statute of defamation and business disparagement claims asserted against consumer protection organization for its on-line publication of ratings and reports of plaintiff’s after-market car warranty business. , 2017
Won dismissal under Texas Anti-SLAPP statute of $15 million anti-trust and defamation claims asserted by home repair company in lawsuit against consumer protection entity over on-line publication of ratings and report. The Business Bureau of Metropolitan Houston, Inc. v. John Moore Services, Inc., 500 S.W.3d 26 (Tex. App.—Houston [1st Dist.] 2016, pet. denied). Won jury trial to award attorney’s fees and secured award of monetary sanctions under Texas Anti-SLAPP statute against home repair company. John Moore Services, Inc. v. The Better Business Bureau of Metropolitan Houston, Inc., No. 01-14-00906, 2016 WL 3162206 (Tex. App.—Houston [1st Dist.] June 2, 2016, no pet.)., 2016

Pro bono / Community Service:

Texas Hearing Institute - Board member, 2024
Houston Bar Association - Law Week Fun Run Committee - Member, 2024

Honors:

Selected for inclusion in Texas Super Lawyers in the area of business litigation since 2009, Super Lawyers, Corporate Counsel Edition in the area of Business Litigation in 2010, and Super Lawyers, Business Edition in 2011
Recognized by Chambers USA as a noted practitioner in the area of “Litigation: General Commercial in Texas”

Educational Background:

University of Virginia, Charlottesville, Virginia -- B.A. (English/American Studies), 1983, 1983
University of Florida Levin College of Law - J.D., 1986

Scholarly Lectures / Writings:

Article discussed the measures adopted by the Papa John’s board of directors to prevent the company’s founder and majority owner, John Schnatter, from taking control, and the relevant Texas statutory anti-takeover laws. , Co-author, Papa John’s Board Adds Texas-Sized 'Poison Pill' As New Topping on Its Menu, The Texas Lawbook, Banking, Energy, Private Companies, 2018
Analysis of recent Texas Supreme Court decisions addressing the Texas Anti-SLAPP statute., Author, Texas Stays Strong in Its Protection of Free Speech, The Houston Lawyer Magazine (Houston Bar Journal), Banking, Energy, Private Companies, 2017

Other Outstanding Achievements:

Firm News (Newsletters):

In January 2023, the Federal Trade Commission (FTC) released its proposed plans for a ban at the federal level on non-compete provisions in employment agreements. While some states have bans in place, no federal ban currently exists. Not surprisingly, the FTC’s proposal has drawn mixed responses, and threats of litigation., No More Non-Competes?, Banking, Tech, Manufacturing, Accounting, Engineering, Oil, Gas, Construction
As the popularity of STRs has skyrocketed, neighbors and HOAs have pushed back. They complain that, when there are too many properties being rented out on a short-term basis in a neighborhood, it can lead to issues with trash, noise, parking, parties, etc. This has led some cities and municipalities to attempt to regulate who can own and operate an STR within their jurisdiction., Short-Term Rental Ordinances: Conflicts Between the Courts / No One-Size-Fits-All Judicial View, Banking, Constructiopn, Real Estate, Investing
The SEC recently filed a lawsuit in Texas federal court seeking civil and criminal penalties against eight social media influencers for their online postings, announcing charges in what it calls a $100 million stock fraud scheme., Social Media – Suing the “Influencers”, Banking, Oil, Gas, Accounting, Engineering, Manufacturing
Discussion of measures taken by board of directors of Lubby's in response to calls for change by activist shareholders., Refreshing the Board of Directors - Lessons from Lubby's Effort to Save the Lu Ann Platter with a Board Shakeup, Banking, Energy, Private Companies
Discussing recent conduct by Elon Musk that drew attention from the SEC., Elon Musk Tweets His Way Into SEC Crosshairs, Banking, Energy, Private Companies
Discussion of recent Texas Supreme Court decisions regarding fraud and disclaimer of reliance., Texas Supreme Court Again Reminds Businesses - Written Contracts Matter Above All, Banking, Energy, Private Companies

Industry Groups:

Energy
Family Businesses
Membership Organizations
Outdoor Advertising.
Professional Services
Public And Private Companies

Jeffrey R. Elkin