Laura Herring is a trial lawyer with over thirty years’ experience representing clients in a broad range of commercial litigation. Her practice focuses on complex commercial cases with an emphasis in energy litigation, accounting malpractice litigation, real estate litigation and disputes between employers and employees relating to covenants not to compete and related agreements.

Laura Herring has extensive trial experience in disputes ranging from accounting malpractice litigation to lawsuits involving a range of clients in the energy industry. She was a partner of Bracewell, LLP and its predecessors for twenty-four years and is a JD/MBA graduate of the University of Houston.

Representative Matters

Guzder v. Thakore. Represented a national accounting firm audit partner in a case filed by a former shareholder of an audit client. The plaintiff asserted claims of negligence, breach of fiduciary duty, fraud and fraudulent concealment relating to annual audits of financial statements. Plaintiff’s accounting expert opined that plaintiff suffered damages of $12.272,286. After several determinative pretrial rulings, the case was favorably settled for the accounting firm.

Mann Frankfort Stein & Lipp Advisors, Inc. v. Fielding. Represented Mann Frankfort Stein & Lipp Advisors, Inc., an accounting firm, in a covenant not to compete case where the Texas Supreme Court changed Texas law toward a more liberal enforcement of covenants not to compete. The Supreme Court enforced the covenant by finding an implied promise by the accounting firm to provide confidential information to the employee where the employee had promised not to disclose confidential information. This implied promise satisfied the consideration element. Mann Frankfort Stein & Lipp Advisors, Inc., et al v. Fielding, 289 S.W. 2d 844 (Tex. 2009).

Calpine Corporation. Represents a major electrical power company in suits involving energy service agreements, purchase and sales agreements, indemnity agreements, and contract disputes with joint venture partners, suppliers and service providers.

Ervin v. UHY LLP. Represented an accounting firm in a jury trial involving allegations of negligent misrepresentation relating to an audit of a company’s balance sheet. After a fifteen day trial, the jury returned a verdict for the accounting firm finding no negligent misrepresentations were made and that the plaintiffs/investors were not clients of the accounting firm. A take nothing judgment was entered. Gary Ervin, et al. v. UHY LLP; In the District Court of Bexar County, Texas (2008).

Kinder Morgan Operating L.P. “A.”Successfully defended Kinder Morgan in jury trial involving Exxon Mobil’s claims of $37.4 million in actual damages plus punitive damages for breach of a gas processing agreement and fraud; case was tried and resulted in a complete defense verdict and judgment in favor of the pipeline company. The judgment was affirmed on appeal. Exxon Mobil Corporation v. Kinder Morgan Operating L.P. “A”, Kinder Morgan, Inc., et al.