John Lynd, Esq.
John Lynd is licensed in Scotland, United Kingdom, and Texas. His current practice focuses on commercial litigation and alternative dispute resolution (arbitration and mediation) in the areas of construction, oil and gas/energy, intellectual property, financial services/securities, creditors’ rights/bankruptcy, and disputes associated generally with business transactions. In addition, he has extensive experience handling general liability matters, and products liability/mass tort/toxic tort defense.
- Year Joined Organization:
- University of Houston Law Center, LL.M. (Intellectual Property Law) 2001;
University of Dundee, Scotland, United Kingdom, Post-Graduate Diploma in Legal Practice, 1989; and
University of Dundee, Scotland, United Kingdom, LL.B. (With Honors), 1988.
- State Bar of Texas (Admitted 1999);
The Law Society of Scotland (Admitted 1990);
United States District Courts for the Southern, Western, Eastern and Northern Districts of Texas;
United States Court of Appeals for the Fifth Circuit;
Houston Bar Association; and
The British/American Business Council (Houston Division).
• Defended and obtained dismissal of claims brought in the United States District Court for the Southern District of Texas (Galveston) against client for professional negligence regarding services provided in the assessment of construction repair/remediation costs associated with alleged hurricane damage to an area apartment complex; • Defended and successfully resolved multi-million dollar litigation in State court in Houston, Texas, regarding claims of professional negligence against client (a licensed professional engineering company) who prepared the site preparation and drainage plan for the construction of a large recreational facility;
• Defended and obtained Summary Judgment (upheld on appeal) for client in relation to a $45 million claim brought in State court in Houston, Texas regarding design engineering and construction management services associated with the construction of a chemical plant;
• Defended and successfully resolved (at mediation) $5.5 + million claim brought in State court in Brazos County, Texas against client who performed site preparation and drainage design engineering work associated with the construction of a large condominium complex in College Station, Texas; • Defended and successfully resolved (at mediation) $7 million + construction defect claim brought in State court in Houston, Texas, against general contractor regarding construction of large warehouse facility located in South West Houston;
• Defended and obtained dismissal of case pending in the United States District Court for the Eastern District of Texas (Beaumont) on behalf of general contractor (under a design/build contract) in respect of a multi-million dollar claim relating to alleged design engineering and construction defects associated with the expansion/improvement of a commercial rail-yard serving the Port of Houston and surrounding petro-chemical industries; • Defended and successfully settled multi-million dollar claim brought in State court in Houston, Texas against client a project management company regarding alleged breach of contract/negligent performance regarding the provision of construction management services associated with the construction of a large medical facility in North Houston;
• Defended and obtained dismissal of all claims via summary judgment on behalf of a nationally renowned environmental engineering company against claims of professional negligence in relation to drainage design and site preparation work associated with a large commercial construction project in San Antonio, Texas; • Defended an international petro-chemical company (headquartered in Houston, Texas) and successfully blocked an application for injunctive relief brought in the United States District Court for the Southern District of Texas to stop client from initiating a claim for delay damages associated with a contract for the construction of a chemical plant in Qatar;
• Represented and successfully resolved (pre-litigation) on behalf of an international producer of natural gas regarding a dispute associated with the proposed development and construction of an LNG terminal in Mumbai, India; • Defended and secured dismissal ($0.00 payment) regarding multi-million dollar wrongful death/products liability action brought in State Court in Houston, Texas against client manufacturer of axle components for tractors/trucks and other commercial vehicles;
• Defended oil and gas service provider regarding defense of patent infringement suit relating to down-hole completion tool technology; • Represented and secured injunction on behalf of manufacturer of mud-pumps used in oil and gas drilling operations in relation to claims of trade dress infringement against entity importing counterfeit pumps from China;
• Defended and successfully resolved claims against client oil field services provider in lawsuit involving allegations of trade secret misappropriation associated with drill-bit technology; • Defended and obtained take nothing award brought against client major provider of financial services in National Association of Securities Dealers (NASD) arbitration proceeding in Houston, Texas;
• Represented Plaintiff and secured a multi-million dollar settlement (following mediation) in relation to a dispute associated with the sale of an oil and gas pipeline maintenance/services company; • Defended a national processor and supplier of sand for industrial use in multiple mass tort/toxic tort cases associated with claims of silicosis;
• Represented national health coverage plan administrator in several matters defending declaratory judgment, and contract-related claims in state and federal court, and arbitration; and • Represented and successfully secured payment for creditor in adversary proceedings in bankruptcy court (Southern District of Texas) regarding claims associated with recovery of environmental clean-up costs.
• EcoProduct Solutions, LP v. ENGlobal Engineering, Inc., et al., 2011 Tex. App. LEXIS 4923 (Tex. App. – Houston [1st. Dist.] June 30, 2011, pet. denied);
• Cartwright v. Pinnacle Entertainment, Inc., 2011 Tex. App. LEXIS 362 (Tex. App. – Beaumont [9th. Dist.], Jan. 20, 2011, no pet.); and
• Yalamanchili v. Mousa, 316 S.W. 3d. 33 (Tex. App. – Houston [14th Dist.] 2010, pet. denied).
• “Jurisdictional Issues and the Internet,” State Bar of Texas Continuing Legal Education Conference: “Emerging Legal Issues and the Internet,” November 13, 2009;
• “Construction Contracts: Liability for Negligent Performance,” Construction Executive, March 2007;
• “Viral Videos Publicize – But Infringe,” National Law Journal, May 8, 2006;
• “When It’s None of Their Business (It’s Monday Morning, Do You Know Where Your Trade Secrets Are?),” Legal Times, June 20, 2005; and
• “The Basics of Confirming, Vacating, Modifying and Correcting an Arbitration Award Under the Federal Arbitration Act and the Texas Arbitration Act,” The Advocate, Winter 2003.
• Royal Navy (Reserve): H.M.S. Camperdown, Dundee, United Kingdom- Midshipman 1985-1987; Sub-Lieutenant 1987-1991.