In the News

Haynes and Boone Prevails in Celanese Breach of Contract Trial

DALLAS – On Dec. 14, Haynes and Boone, LLP secured a judgment in excess of $3.9 million for Celanese, Ltd. against Houston engineering and construction firm KBR, Inc.

Celanese prevailed in this breach of contract case arising out of an agreement under which KBR undertook the responsibility to design, build and run experiments in a chemical industry pilot plant that Celanese intended to use in its research and development work. Celanese sought damages caused by KBR ’s refusal to continue operation of the pilot plant in accordance with the contract.

The three-week jury trial occurred in state court in Dallas, Texas. Celanese’s trial team was led by Haynes and Boone Partner Patrick Keating with assistance from Partner Anne Johnson and associates Phillip Bridwell and Jennifer Wells. >>



Recent Publications

ESI Preservation and Collection in the wake of Pension Committee v. Banc of America

Judge Shira A. Scheindlin of the Southern District of New York, author of the Zubulake opinions, recently released the opinion in Pension Committee v. Banc of America. The opinion, subtitled “Zubulake Revisited: Six Years Later,” seeks to clarify the standards established in the Zubulake opinions. >>



Jennifer Butler Wells

Associate

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5032
F +1 214.200.0395

Areas of Practice

Education

  • J.D., University of Alabama School of Law, 2006, summa cum laude; Order of the Coif; Articles Editor, University of Alabama Law Review; John A. Campbell Moot Court Board; Hugo L. Black scholar
  • B.A., Vanderbilt University, 2002, cum laude

Bar Admissions

  • Texas, 2006

Court Admissions

  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas

Jennifer Butler Wells is an associate in the Litigation/Trial Practice Section of Haynes and Boone’s Dallas office. She has experience representing clients in state and federal litigation involving claims of fraud, breach of contract, breach of fiduciary duty, among others.

Jennifer's experience includes:

  • Obtained $13.3 million judgment in civil RICO, fraud, and breach of fiduciary duty lawsuit on behalf of nation's largest privately-held payment processing company.
  • After a three-week jury trial in November 2010, secured a judgment in excess of $3.9 million for Celanese, Ltd. against engineering and construction company KBR, Inc. Celanese prevailed on its breach of contract claim arising out of a contract under which KBR undertook the responsibility to design, build and run experiments in a chemical industry pilot plant. Celanese also prevailed on all of KBR's counterclaims.
  • Obtaining a favorable plaintiff's jury verdict on deceptive trade practices, fraud, and promissory estoppel claims.
  • Obtaining an affirmative summary judgment on breach of fiduciary duty and breach of contract claims on behalf of plaintiff corporations in a federal lawsuit involving former corporate officers and violations of the RICO Act, breach of fiduciary duties, and breach of contract.
  • Obtaining summary judgment dismissing breach of fiduciary duty and breach of contract claims.

Selected Honors

  • Life Fellow, Dallas Association of Young Lawyers Foundation

Selected Community and Professional Activities

  • Dallas Association of Young Lawyers: Membership Committee Co-Chair, 2010-2011
  • Junior League of Dallas, 2009-present

Selected Representative Experience


TransFirst Holdings, Inc. v. Andrew M. Phillips, U.S. District Court for the Northern District of Texas, Dallas Division, 2006
Represented TransFirst Holdings, Inc., the largest privately held payment processing company in the U.S., in a federal suit against former officers for RICO violations, breach of fiduciary duties, fraud, and breach of contract. TransFirst discovered that the president and two vice-presidents of a payment processing division were operating a covert enterprise of competing businesses formed through the State of Nevada while simultaneously working for TransFirst. After one vice-president was terminated when TransFirst discovered he was an officer of a competing entity, a review of his papers and electronic files revealed evidence of a long-term conspiracy involving all three defendant officers. Prior to trial, the Court ruled in TransFirst's favor on liability for breach of fiduciary duty and breach of contract. TransFirst tried the RICO case on liability and damages to federal district judge Jorge Solis over the course of three weeks. A favorable final opinion from the court was issued on January 25, 2010.

Rockwall Commons Assocs., Ltd. v. MRC Mortgage Grantor Trust I, 331 S.W.3d 500 (Tex. App.-El Paso 2011)
Persuaded the El Paso Court of Appeals to affirm a multi-million dollar judgment in a commercial dispute involving the refinance of a $22 million construction loan.

Memberships

  • American Bar Association
  • Dallas Bar Association
  • Dallas Association of Young Lawyers
  • State Bar of Texas
  • Patrick E. Higginbotham American Inn of Court, Associate, 2010-2011

Online Publications

07/01/2010 - ESI Preservation and Collection in the wake of Pension Committee v. Banc of America
Judge Shira A. Scheindlin of the Southern District of New York, author of the Zubulake opinions, recently released the opinion in Pension Committee v. Banc of America. The opinion, subtitled “Zubulake Revisited: Six Years Later,” seeks to clarify the standards established in the Zubulake opinions.

07/01/2008 - Balancing Privilege Concerns with the Increasing Use of Electronic Discovery
Re-published with permission of Dallas Association of Young Lawyers, The Dicta, July 2008 (www.dayl.com).

Winter 2007 - Personal Jurisdiction Through the Internet in Texas
The Advocate, The Litigation Section of the State Bar of Texas