Terry handles complex civil litigation and has more than two dozen years of experience in our federal and state civil courts. He has served as lead counsel for both plaintiffs and defendants in a wide variety of complex commercial matters in industries including energy, healthcare, finance and commercial and residential real estate and construction. Terry has experience that includes business contracts and torts, trade secrets, antitrust, and qui tam claims under the federal False Claims Act. He represents individuals and businesses. He has been recognized on the Texas Super Lawyer list as a top business litigator in the state since 2008
After graduating second in his class at Baylor University School of Law, he practiced at Mayer, Brown in Houston for 16 years.
In 2010, he co-founded Hoover Kernell LLP, a firm specializing in Commercial Litigation and Employment Law. He represented and counseled businesses, business owners, and individuals in complex commercial litigation matters in a wide variety of industries. His ability to take calculated risks and translate business into law and law into business has been critical to the firm and his practice since.
He says a creative thought process has led to high levels of success for his clients and that he thrives in the challenge and discovery of diving into the unknown to solve problems, dealing with crazy deadlines, and getting deals done while balancing legal choices and business outcomes. Terry serves the firm as Of Counsel and has worked with Rusty Hardin for many years.
J.D., with honors, Baylor University School of Law, 1991
Bachelor of Arts in Political Science, with honors, University of Oklahoma, 1988
Terry came to us—the first time—after spending sixteen years with Mayer, Brown, Rowe & Maw in Houston. He is a native of Oklahoma City and attended the University of Oklahoma, graduating with honors in political science and an unrelenting addiction to OU football. Terry then attended the Baylor University School of Law where he was a member of the highly regarded mock trial team and graduated second in his class in 1991. He immediately began working for Mayer, Brown and became a full equity partner in the firm in 2000. After we practiced together from 2007 to 2010, he left to open his own six lawyer litigation boutique, and we continued to work closely together on many matters for the next seven years.
We were very fortunate that Terry decided to join our team in 2007, and just as lucky when he returned in 2017, after his law partner’s retirement. He is a skilled litigator with a great ability to analyze a complex problem quickly and then find creative ways to address the challenges. Terry also shows an incisive grasp of both a client’s strategic needs and marketplace realities when assessing legal and business risks. Not only does this ability come into play at the local and regional levels, but Terry brings a wealth of international experience to the firm. He has traveled to Mexico, Canada, Great Britain, Sweden, and Turkmenistan representing his clients in negotiations, trials, and arbitrations.
Terry’s litigation background covers a wide range of commercial disputes. In his 26 years of practice he has worked on, and then served as lead counsel for, plaintiffs and defendants in a wide variety of complex commercial matters in the oil and gas, healthcare, securities, automobile manufacturing, banking, business consulting, residential mortgage origination, lending, and securitization, residential and commercial construction, and real estate industries, among others. He has litigated claims ranging from simple breaches of contracts and business torts to qui tam claims under the federal False Claims Act, complex non-compete and trade secret allegations, years long car and heavy truck franchise disputes, and nine-figure claims under both federal and state antitrust statutes. It almost seems that there is no industry that Terry hasn’t touched in the past 26 years. I was sad to see him go, and am equally thrilled to have him back.
Terry has been married to his wife Danielle for 22 years. She works two full time jobs—one as a Senior Vice President in communications at a publicly traded bank, and a second raising their almost-grown daughters, Caroline and Emily
ENERGY
Defending publicly traded oil and gas company in $100 million dispute arising from operations of Participation Agreements and Joint Operating Agreements in Wild Basin Play in North Dakota.
Trial co-counsel with Rusty Hardin defending oilfield services company and its president against breach of contract and fiduciary duty claims. Conducted all aspects of trial preparation and participated fully at trial, including opening statements, witness examinations, and bifurcated closing arguments. Despite adverse jury findings, post-trial motions drove a pre-judgment mediated settlement of 1/10th of the verdict.
As lead trial counsel, obtained summary judgment dismissing age discrimination claim against precision oilfield equipment company. As lead appellate counsel, obtained unanimous per curium affirmance from the Fifth Circuit Court of Appeals.
FINANCE
Pursued long-running horizontal conspiracy antitrust claims on behalf of doctor-owned hospital against major hospital system. Conducted all aspects of discovery and case and trial preparation and intense coordination with co-counsel, co-plaintiff counsel firms, and experts. Client’s case settled extremely favorably the night before jury selection. Jury returned a defense verdict against non-settling co-plaintiffs following a six-week trial.
Co-lead and lead counsel defending country’s largest privately owned lender in the highly regulated residential mortgage industry against billions in False Claims Act and FIRREA claims pursued by the Department of Justice. Developed case strategy and oversaw all aspects of the defense through a month-long jury trial, including managing massive party and non-party document/electronic discovery, depositions, court filings, hearings, court and opposing counsel communications, depositions, expert issues, settlement discussions, and pretrial matters. Coordinated the defense among multiple firms/lawyers under intense budget, staffing, and timing pressure.
Lead counsel for national financial institution suing for former employees’ theft of confidential information. Case settled almost immediately with client obtaining permanent injunctive relief, significant and detailed competitive restrictions, and a substantial payment.
Defended publicly traded auto maker related automobile finance company in $60 million case brought by bankrupt dealer alleging conspiracy and intentional harm. Defense verdict rendered following two-week federal jury trial.
Formed and managed team of 10 associates and five contract attorneys reviewing and analyzing 1,000,000+ pages of documents as lead counsel in US$25+ million breach of fiduciary duty and conspiracy case against mezzanine finance lender.
Represented foreign bank in three opt-out securities fraud cases arising from the collapse of Enron.
REAL ESTATE AND CONSTRUCTION
Lead counsel for residential mortgage lender defending claims by Government Sponsored Entity alleging violations of servicing agreements. After two emergency hearings and the negotiation of limited preliminary injunction terms, government claims were dismissed with no monetary recovery.
Assisted in defense of major Houston real estate developer and investors in suit arising from alleged improper impediments to access to downtown Houston tunnel system.
HEALTHCARE
Lead counsel defending new healthcare related company and six employees against former employer’s unfair competition claims. Case settled on terms satisfactory to clients and allowing the entity and all employees to continue to compete.
Co-counsel with Rusty Hardin defending major Houston Medical Center hospital system from fraud and other claims and asserting counterclaims in series of lawsuits in multiple courts seeking multiple tens of millions in damages arising from the proposed development of suburban hospital campuses.
Lead counsel in negotiating and drafting share purchase agreement between members of closely held healthcare related company, thereby resolving and avoiding potential litigation.
OTHER
Defending Rice University in federal claims arising from dismissal of student for alleged illegal activity.
Lead counsel defending national beverage company against alleged Americans with Disabilities Act violations. Obtained dismissal of both the original and amended complaint on the pleadings.
Co-lead counsel for publicly traded company asserting unfair competition claims and defending antitrust counterclaims. Case settled for substantial payment to client and competitive restrictions on defendants.
Lead counsel for nationwide franchisee and salon product distributor defending breach of contract and fiduciary duty claims. Case settled at mediation for less than 1/50th of the eight figures sought in damages. Terms included complex division of products, trademarks, associated intellectual property, and other non-standard terms.
As replacement lead counsel, pursued claims against entertainment management company and owner. Implemented discovery and motion strategy that avoided the expense of trial and culminated in obtaining a $2.1 million judgment for discovery abuse.
Lead counsel defending NFL player against claim for breach of personal appearance contract. Case settled satisfactorily despite difficult economics due to the size of the claim and cost of defense.
Researched and advised international client considering expanding its operations into several states and state/federal territorial waters on corporate structure, risk, liability, and jurisdictional issues.
As replacement lead counsel, defended litigation by minority member against closely held professional consulting company and its majority members. Obtained expedited targeted discovery and aggressively sought emergency relief against plaintiff, which drove courtroom settlement just before emergency hearing, despite earlier failed mediation. Terms included substantial payment to majority members, expulsion of minority member, complex asset division, and cross-indemnities.
All Texas State Courts
U.S. District Court for the Southern, Western, Northern and Eastern Districts of Texas
U.S. Court of Appeals for the District of Columbia
U.S. Court of Appeals for the Fifth Circuit
Texas Super Lawyer list, top rated in Business Litigation, 2008-2018
Texas Rising Stars list, 2005, 2006
