Thomas E. Ganucheau

Since joining the firm almost 30 years ago, Ganucheau’s practice has included a wide variety of litigation matters, including complex commercial and business litigation, energy/oil and gas litigation, real estate litigation, products liability, environmental/toxic tort, insurance coverage, intellectual property, labor and employment litigation, trade secrets, and professional liability/malpractice. Ganucheau’s broad litigation experience serves his clients well.

Representative Experience

Professional Liability

• Multiple representations of law firms and attorneys against claims of malpractice, breach of fiduciary duty, deceptive trade practices, misrepresentations, and related claims arising out of legal representation in both litigation and commercial matters.
• Representation of law firm and its partners arising out of allegations of tortuous interference with contract and interference with prospective business relations arising out of the attorney’s split-off from prior firm and forming a new firm.

Energy

• Representation of working interest owner and former operator against claims of trespass to try title, trespass, bad faith trespass, fraud, and tortuous interference, among other claims.  These claims arose from a title dispute and conflicting claims of ownership because of conflicting leases covering multiple tracts of land.
• Representation of international engineering firm in lawsuit involving the engineering and construction of a petrochemical plant.  Worked with other Beck Redden attorneys and filed suit against a Texas Petrochemical Company over the engineering and design of a petrochemical plant in Baytown, Texas, when petrochemical company made decisions that prevented the plant from being completed on schedule and on budget, and then failed to pay under the contract.
• Representation of working interest owners against energy company regarding claims of breach of contract and negligent misrepresentation, among others, arising out of Subscription Agreement for private placement of company’s common stock and failure to honor put options.
• Representation of royalty owners against operator on claims of breach of contract, fraud, negligence, and negligent misrepresentation relating to the operation of oil and gas field in Texas, including claims of breach of duties to the non-operators, violation of a joint operating agreement, and allegations of fraud and misrepresentations.
• Representation of manufacturer of oilfield equipment against claims of products liability. 
• Multiple representations of oilfield service companies and individuals involving claims of breach of contract, breach of fiduciary duty, theft, and misappropriate of trade secrets.
• Representation of an energy company against claims of seismic trespass.
• Representation of major energy company in numerous matters, including class action, against claims of fraudulent inducement, breach of duty of good faith and fair dealing, violation of the Texas Insurance Code, breach of contract, negligent handling of claims, conspiracy, and common law fraud, among other claims, arising out of company’s insurance scheme put in place for its employees.
• Representation of individual against claims of breach of contract, breach of fiduciary duty, fraud, and quantum meruit, arising out of alleged business relationship formed to exploit Barnett Shale opportunities.
• Representation of major energy company against its London insurers for failure to abide by their obligations and duties arising under an energy package of insurance issued by the Insurers, relating to damages to a pipeline gathering system.

Commercial Litigation

• Representation of industrial equipment manufacturer against claims of breach of contract, breach of warranty, and related claims arising out of alleged failure of the equipment to meet warranted specifications.
• Representation of automotive testing equipment manufacturer against claims of breach of warranty, and violations of the Texas DTPA, relating to allegations that the equipment failed to meet its warranted specifications and alleged defects in the product.
• Representation of minority owner against corporation and majority owner arising out of a self-dealing transactions and exploitation of company assets, resulting in the entry of an injunction against the majority owners and the appointment of a receiver over the corporation.
• Representation of automated trading company and its principals against claims of tortuous interference with contract and civil conspiracy arising out of the hiring of a professional from a potentially competing business.
• Representation of individual against claims by former employer when hired by new safety equipment manufacturer against claims of breach of contract, breach of fiduciary duty, and misappropriation of trade secrets.
• Representation of national REIT in multiple actions arising out of development, leasing and management of shopping center properties.
• Representation of investment advisor in numerous actions by former customers relating to losses suffered in market declines.
• Defense and representation of automotive dealership and its principal in litigation and administrative proceedings arising out of proposed sale of numerous dealerships and claims of violation of franchise agreements.

Products Liability/Personal Injury

• Representation of safety equipment manufacturer against personal injury claims over the alleged failure of the product to meet warranted specifications.
• Representation of dietary supplement manufacturer against claims of strict liability, negligence, breach of warranty, and deceptive trade practices arising out of personal injuries allegedly sustained by ingestion of supplements.
• Representation of major pharmaceutical manufacturer in suits arising from the use of prescription drugs.
• Representation of a chemical company against personal injury claims arising out of exposure to a superfund site.
• Representation of the owner of a former refining operation against personal injury claims arising out of exposure to the site.

Intellectual Property

• Representation of international publisher in multiple actions raising claims of trademark infringement, false advertising, trademark dilution, trademark infringement and unfair competition.
• Representation of international sporting goods equipment manufacturer in various matters arising out of violations of trademark and copy rights, and trade dress, as well as matters relating to distributor issues.