Kirk L. Worley

Partner

Houston


1221 McKinney Street
Suite 2100
Houston, 77010
T +1 713.547.2217
F +1 713.236.5586

Áreas de Practica

Educación

  • J.D., University of Houston Law Center, 1996, magna cum laude; Order of the Coif; Order of the Barons
  • B.B.A., Texas A&M University, 1993

Bar Admissions

  • Texas

Court Admissions

  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. Court of Appeals for the Fifth Circuit
Kirk L. Worley

Kirk Worley is a Partner in the Business Litigation Section in the firm's Houston office.  He has a broad business litigation and arbitration practice with particular experience in energy litigation (oil, gas and power), contract disputes, business torts, deceptive trade practices, disputes between business owners and international/cross-border litigation.  He has represented clients in the energy, petrochemical, banking, financial service, manufacturing, real estate, and telecommunications industries. Kirk has represented clients in disputes ranging from hundreds of thousands of dollars to several billions of dollars. He has tried cases in state and federal courts, as well as arbitrations.

Kirk's experience includes, among other representations:

  • Recovering oil and gas leasehold interests valued in excess of $100,000,000 on behalf of an independent oil and gas producer in a dispute concerning the enforcement of a preferential right provision in a joint operating agreement.
  • Successfully prosecuting a claim for breach of a joint operating agreement on behalf of an independent oil and gas producer concerning the plugging and re-working of a gas well and required notices.
  • Defending an independent oil and gas producer against claims for breach of contract involving a net profits provision and the application of the COPAS provision contained in a joint operating agreement.
  • Obtaining on behalf of an oil and gas producer the dismissal of claims for breach of contract and fraud arising from the sale of off shore oil and gas leaseholds.
  • Defending and prosecuting claims in the oil and gas industry involving joint operating agreements, leases, assignments, area of mutual interest agreements (AMIs), preferential rights, farm-out agreements, notice requirements, transportation agreements, purchase and sale agreements, seismic data and business torts.
  • Prosecuting claims on behalf of an energy company in an arbitration involving a long-term power purchase agreement and the design, construction and operation of an 1100 megawatt electric power plant.
  • Defending a national bank against claims for breach of contract, fraud and breach of fiduciary duties involving efforts to market and sell numerous multi-family properties located in several states.
  • Obtaining the dismissal of claims for fraud, breach of contract and malicious prosecution on behalf of owners of a transportation and logistics company.
  • Defending an international energy company against claims for fraud and breach of fiduciary duties arising from the acquisition, relocation and operation of a petroleum refinery.
  • Prosecuting and defending CERCLA recovery claims on behalf of the owner of a petroleum refinery.
  • Defending a national bank against claims involving its mortgage business.
  • Defending a publicly traded energy company in securities class action and shareholder derivative litigation.
  • Representing real estate developers, property owners, architects and construction companies in development and construction disputes.
  • Representing businesses from various industries in contract, fraud, business tort and deceptive trade practice claims.
  • Defending energy companies in toxic tort litigation involving both personal injury and property damage claims.

Selected Honors

  • Recognized as a Texas Super Lawyer by Texas Monthly in Business Litigation (2010)
  • Selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2004 - 2010)

Selected Recent Publications and Presentations

  • Chris Kulander & Kirk Worley, Navasota v. First Source Texas and Its Effect on Packaged Sales and Preferential Right to Purchase Clauses, 52 S. TEX. LAW REV. 233 (2010)
  • Business and Public Records: When the Documents Really Do Speak For Themselves, How to Offer and Exclude Evidence, University of Houston Law Foundation (2006 - 2008)

Selected Representative Experience


Poston v. Wachovia Mortgage Corp., No. 14-11-00485-CV, 2012 WL 1606340 (Tex. App.—Houston [14th Dist.] May 8, 2012, pet. denied) (mem. op.)
Successfully defended on appeal a summary judgment awarding more than $500,000 in damages for breach of a promissory note.

Baisden v. I’m Ready Productions, Inc., 693 F.3d 491 (5th Cir. 2012), cert. denied, 568 U.S. _____ (U.S. March 18, 2013)(No. 12-803)
Complete defense victory, including declaratory judgment and substantial award of costs after nine-day federal court jury trial in lawsuit brought by nationally syndicated radio host and book author against production company, DVD distribution company, and national promoter. The Plaintiff had asserted claims for copyright infringement, unfair competition by misappropriation, breach of contract, civil conspiracy, and tortious interference with business relations. Prevailed on appeal before the Fifth Circuit Court of Appeals and responded to Petition for Writ of Certiorari to United States Supreme Court, obtaining denial of petition and final affirmance of verdict in favor of clients.

Navasota Resources, L.P. v. First Source Texas, Inc., 249 S.W.3d 526 (Tex. App.-Waco 2008, pet. denied)
On behalf of an oil and gas exploration company, obtained reversal of an adverse trial court ruling and rendition of an appellate judgment enforcing a preferential right to purchase oil and gas leasehold interests.

Preferential Right Litigation
Representing an oil and gas exploration company in litigation involving the enforcement of a preferential right to purchase.

Business Tort and Fiduciary Litigation
Representing a publicly traded energy company in litigation involving ownership disputes and allegations of breaches of fiduciary duties.

Financial Transactions Litigation - Fraud and Fiduciary Duty Litigation
Represented a national bank in litigation involving numerous multi-family properties located in several states, commercial mortgage-backed securities, and allegations of fraud and breaches of fiduciary duty.

Joint Operating Agreement Litigation
Represented numerous oil and gas exploration companies in litigation involving joint operations.

Dynegy Inc. Securities and Derivative Litigation
Represented Dynegy Inc. in putative securities class action and in shareholder derivative suits arising from allegations of fraudulent accounting treatment of certain energy contracts and a natural gas transaction, and from purported energy market manipulation.

Neeley v. West Orange-Cove Consolidated Independent School District, 176 S.W.3d 746 (Tex. 2005)
Persuaded the Texas Supreme Court to strike down the Texas public school finance system on constitutional grounds; this decision was the culmination of a four- and-a-half year effort, including a previous successful appeal to the Texas Supreme Court and a successful five-week bench trial.

Power Plant and Power Purchase Agreement Arbitration
Represented an energy company in an arbitration involving a long-term power purchase agreement and the design and construction of an 1100 megawatt electric power plant.

Securities Class Action Litigation
Represented a publicly traded energy company in securities class action and shareholder derivative litigation.

Vehicle Financing and Business Tort Litigation
Represented a national bank in litigation involving commercial vehicle and business financing and allegations of fraud and business torts.

Area of Mutual Interest Agreement Litigation
Represented oil and gas exploration and production company in litigation involving rights under an area of mutual interest agreement.

Asset Divesture Litigation
Obtained dismissal by summary judgment of fraud and breach of warranty claims arising from the sale of an offshore oil and gas lease. Plaintiff alleged that the seller misrepresented and failed to disclose information concerning the condition of a well bore on the lease and sought damages in excess of $40 Million.

Environmental Litigation
Represented an energy company in a private party Superfund litigation that was tried in federal court in Houston, Texas, obtaining a judgment for cost recovery.

Memberships

  • Life Fellow, Texas Bar Foundation
  • Life Fellow, Houston Bar Foundation
  • Life Fellow, Houston Young Lawyers Foundation
  • State Bar of Texas (Litigation and Oil, Gas and Energy Resources Law Sections)
  • Houston Bar Association (Litigation and Oil, Gas and Minerals Law Sections)
  • American Bar Association
  • Rocky Mountain Mineral Law Foundation
  • Institute for Energy Law of the Center for American and International Law, Advisory Board Member
  • Past Co-Chair, Houston Bar Association John J. Eickenberg Law Week Fun Run
  • Past Co-Chair, Houston Young Lawyers Association Charity Golf Tournament