Attorney Profile

Andrew L. Pickens
Partner
Strawn Pickens LLP
Email: apickens@strawnpickens.com

Andy Pickens focuses his practice on complex commercial litigation. He is AV peer review rated.

Prior to entering private practice, Mr. Pickens clerked for Judge Donald S. Russell, United States Court of Appeals for the Fourth Circuit, and also for Judge Frank W. Bullock, Jr., United States District Court for the Middle District of North Carolina. He has authored a number of practical and scholarly articles, and enjoys speaking on a wide variety of topics.

Representative Matters

Sirius Solutions, LLLP v. Trimont Energy, LLC, No. 2019-87096, 295th District Court, Harris County, Texas. Co-lead counsel for a one-week trial on claims asserted by a management consulting firm for the alleged breach of an agreement to provide transition and managed services for corporate consolidations. Reduced the plaintiff’s requested damages and interest by approximately 85% through the effective assertion and prosecution of the client’s counterclaims.

Charles R. Roe M.D. v. Baylor Research Institute, No. DC-15-08178, District Court of Dallas County, Texas.  Obtained $7.75 million jury verdict against Baylor Research Institute on claims that the Institute breached its intellectual property policy by failing to pay a medical doctor his share of royalties from the Institute’s licensing of patents for treatments that the doctor had developed to major pharmaceutical companies.

In re C.L. Hadacy & Co., International Center for Dispute Resolution No. 50 148 00517 11, confirmed, No. 13-07837, 152nd Judicial District Court, Harris County, Texas. Co-lead counsel in successful defense in international arbitration of claims against Alberta, Canada energy company. Action arose from failed attempts to secure funding for commercial demonstration unit intended to showcase proprietary technology for producing synthetic crude oil from coal. Claimant alleged damage model in excess of US $40 million, and brought claims for breach of contract, quantum meruit, promissory estoppel, unjust enrichment, fraud, conversion, punitive damages, alter-ego, sham to perpetrate a fraud and vicarious liability. Final arbitration award found no liability on client-Respondent, and awarded zero damages to Claimant. Arbitrator’s award later confirmed as a final judgment by the court.

Carroll v. Blue Chip Securities, Inc. et al., FINRA No. 10-01756. Co-lead counsel for prevailing Claimant who alleged Section 10(b) violations, Texas Securities Act violations, churning, fraud and breach of the Financial Industry Regulatory Authority rules of conduct. Panel awarded damages in excess of the actual and compensatory damages specified by the Claimant, and also awarded Claimant attorneys’ fees. Respondent broker ultimately suspended by FINRA from acting in any capacity.

Grover v. Ghosh, No. 2008-40721, 80th Judicial District Court, Harris County, Texas. Obtained multi-million dollar judgment for screenwriter on claims for breach of contract, fraud, conversion and exemplary damages. Case involved agreement to procure additional financing needed to produce feature-length action film in Argentina. Prior to wrongdoing, client agreed to contribute script, executed agreements with Academy-Award winning actor and Academy-Award winning set designer, cash and other financing to production company. Jury returned verdict for client after eight-day trial. Case settled after appeal.

United States ex rel. Wright v. AGIP Petroleum et al., No. 5:03 CV 264, United States District Court for the Eastern District of Texas, Texarkana Division. Represented major energy company in a False Claims Act suit alleging that, from 1986 through 2005, many energy companies in the U.S. underpaid tens of billions of dollars in royalties on natural gas produced from federal lands located onshore and offshore nationwide. Plaintiff alleged that Defendants used a number of techniques, e.g., affiliate pricing, unlawful deductions and reporting processed gas as unprocessed gas, to conceal, decrease or avoid their royalty obligations to the government. Case settled on terms favorable for the client.

Wagner v. Union Oil Company of California, No. 01-381, 3rd Judicial District Court, Sweetwater County, Wyoming. Co-lead counsel representing Defendant natural gas lessee and producer in putative class action brought for royalty payees pursuant to the Wyoming Royalty Payment Act. Case settled on terms favorable to Defendant prior to certification as a class action.

Morgan v. Meek, et al., No. 92-034967, 295th Civil District Court, Harris County, Texas. Lead counsel for Defendants apartment building owner and premises liability insurer in casualty action arising from a fire damaging or destroying five apartment units. First-chaired jury trial to a verdict for Defendants on all claims. Judgment entered in favor of Defendants with no appeal taken.

Jack Washburn, PC v. Felco Autolease, et al., No. H-03-277, U.S. District Court for Southern District of Texas. Obtained certification of nationwide class action for claimed violations of federal RICO statute. Claims brought on behalf of consumer auto lessees for Defendant automobile leasing company’s alleged systematic overcharging of amounts due for personal property taxes. Case settled on terms favorable to class members.

Education

• University of California Los Angeles, J.D., 1990
• Dartmouth College, B.A., cum laude, 1984

Admissions

• Supreme Court of the United States
• United States Court of Appeals for the Third, Fourth, Fifth and Sixth Circuits
• United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas, and the District of Arizona
• State of Texas

Professional Affiliations and Memberships

• Texas Bar Foundation, Life Fellow
• Houston Bar Foundation, Life Fellow

Representative Publications and Papers

• New York State Rifle & Pistol Ass’n Inc. v. Bruen — And the Predictive Qualities of Clarence Thomas’ Post-Heller Dissents from Denials of Certiorari, 13:1 Wake Forest J. L. & Pol’y 1 (Jan. 2023);
• Defending Actions Against Corporate Clients of Private Security Companies, 19:3 U. Pa. J. Bus. L. 601 (2017);
• Moderator, Conf. on Water Acquisition and Mgmt. for Oil & Gas Dev., Inst. For Energy Law, Trends & Devs. in Water Litig. (Apr. 7, 2016);
• Removing Pre-Class Action Fairness Act State Court Petitions to Federal Court Based on Post-Act Amendments: Difficult, But Not Impossible, 27 No. 2 Class Action Rep. 112 (Mar.-Apr. 2006);
• Rules Update, Amendments to Appellate Rule 21 Governing Writs of Mandamus, 6 No. 2 A.B.A. Tort and Ins. Prac. Sec., Civ. P. & Evid. Committee News 22 (Spring 1997);
• Appraisement: An Old But Effective Form of ADR for Contract Liabilities, Tex. B.J., Jan. 1997, at 18;
• The Phantom Fourth Element of Enserch Corp. v. Parker: Eliminating an Imprudent Exception to the Two-Year Statute of Limitations, 47 Baylor L. Rev. 965 (1995);
• Applying Collateral Estoppel from Findings in Arbitration, The Houston Law., Mar.-Apr. 1995, at 33;
• Preserving Jury Charge Error in Texas State Courts: Problems and Pitfalls, 6th Annual Advanced Civil Trial Law Conference, South Texas College of Law (Feb. 27, 1997); and
• The Jury Charge Conference – Practice, Pitfall & Preserving Error, Houston Bar Assoc. Continuing Legal Educ. (Oct. 11, 1996).