HAROLD A. “AL” ODOM III
Founding Partner
Tel: 713.255.5153
Fax: 713.357.5160
aodom@sohjlaw.com Download vCard Download BioA Founding Partner of Schiffer, Odom, Hicks & Johnson PLLC, Al has been a trial lawyer since 1989. During 20+ years of trying and arbitrating commercial and personal injury cases, Al has developed a reputation as a skilled and tenacious courtroom advocate. He is also known for his ability to devise creative solutions outside the courtroom when that is the best option for his client. Whether a full-scale complex trial, an early settlement or something in between is the answer, Al works closely with his clients to determine the best course of action and then executes it. Al has tried or arbitrated 22 cases to final verdict or decision.
Throughout his career, Al has demonstrated his versatility in representing multinational companies, small businesses, nonprofit organizations and individual clients on both sides of the docket. He began his career in 1989 at Vinson & Elkins LLP in Houston. Working first as an associate and later as a partner, he focused on representing companies and governmental entities in cases involving construction disputes, premises and professional liability; business torts; personal injury; oil and gas; toxic torts; and complex commercial disputes.
Al later joined Watts & Heard L.L.P., where he represented individual plaintiffs in catastrophic personal injury cases and complex commercial disputes, including wrongful death claims, insurance bad faith and deceptive trade practices, products liability and business torts.
Since joining Adam and Andy in 2007 to form Schiffer Odom Hicks PLLC, Al has continued to maintain a diverse and varied practice, representing plaintiffs and defendants in matters involving multimillion-dollar construction contract disputes, theft of trade secrets and other business torts, shareholder oppression/breach of fiduciary duty, partnership disputes, executive-level employment disputes and commercial landlord-tenant disputes.
Al has been repeatedly recognized for his legal advocacy skills as well as his pro bono efforts. He holds an AV Preeminent rating from Martindale-Hubbell, the highest designation available, and was inducted into the Million Dollar Advocates Forum, which acknowledges excellence in advocacy by lawyers throughout the United States and is limited to attorneys who have won multimillion-dollar verdicts, awards or settlements. Al was also honored to be appointed to serve a second six-year term on the Texas Board of Law Examiners, and currently serves as its Vice Chairman.
When he is not hard at work on a case, Al can usually be found coaching one of his kids’ sports teams . . . or, if he is lucky, waist deep in Galveston Bay – flounder fishing.
HONORS/AWARDS/RECOGNITIONS:
Martindale-Hubbell, “AV Preeminent” Peer Review Rated, 2007- present
Million Dollar Advocates Forum, inducted 2006
Texas Super Lawyers Rising Star, inducted 2005
Who’s Who in Black Houston – Most Influential, inducted 2007
National Institute of Trial Advocacy, graduate, 1994
Houston Volunteer Lawyers’ Project, Volunteer of the Year, 1990
PROFESSIONAL AFFILIATIONS:
Texas Board of Law Examiners, Vice Chairman
Texas Bar Foundation, Fellow
Houston Bar Foundation, Life Fellow
Houston Bar Association CLE Committee, former member
State Bar of Texas Long Range Planning Committee, former member
REPRESENTATIVE MATTERS:
OIL & GAS LITIGATION:
Loss of Oil & Gas Well
- Served as lead counsel for a Korean steel manufacturer in a multi-party products liability action brought in Zavala County, Texas by the owner of an oil & gas well. The plaintiff alleged that a downhole failure of the well’s casing caused the loss of the well, and claimed that the failure was caused, among other things, by a defect in the chemistry of the steel manufactured by our client. Rather than attempt to respond to a motion for summary judgement that established our client’s non-liability for the failure, the plaintiff non-suited the claims against our client with prejudice, before the completion of discovery.
Breach of Warranty/Breach of Contract
- Served as co-lead counsel for the plaintiff, an international natural gas products and services provider, in a case against a telematics solutions provider for providing defective fleet management devices and services designed to monitor driver behavior. After a one-week arbitration in Salt Lake City, Utah, the arbitrator found for our client on all claims and awarded our client in excess of $600,000.
Offshore Construction Defect/Breach of Warranty
- Served as co-lead counsel for SBM Atlantia, Inc., an offshore engineering and construction firm, in an arbitration in which the claimant/owner of an offshore production platform sought damages of $67 million allegedly resulting from a defect in the design and construction of the platform. Following a one-week arbitration, the arbitral tribunal awarded the claimant/owner $6.5 million in warranty expenses and zero damages for deferred production (substantially less than half of our last offer of settlement to avoid the arbitration).
CONSTRUCTION LITIGATION:
Offshore Construction Defect/Breach of Warranty
Construction Defect
- Served as lead counsel for the plaintiff, the owner and operator of a local hotel, against the construction manager, architect, engineer, stucco manufacturer and roofer for defective construction of the hotel and defective design and construction of the HVAC system. The plaintiff alleged that the defects allowed water and excessive moisture to enter the interior spaces of the hotel, causing wood rot and mold, and sought approximately $4 million in damages for replacement of the exterior building envelope, remediation and build back, and business interruption. Reached confidential, pretrial settlements after four separate mediations.
BREACH OF CONTRACT:
Breach of Employment Contract/Covenant Not to Compete
- Served as lead counsel, defending a local engineering firm against a former executive’s wrongful termination claim and prosecuting a counterclaim against the executive for enforcement of covenant not to compete. After five days of arbitration, the arbitral panel: (1) awarded zero damages to the executive on his claim; (2) awarded our client 100% of the attorneys’ fees and expenses it sought; and (3) upheld a previously entered temporary injunction and enjoined the executive from accepting employment with our client’s primary competitor for the remainder of the noncompete period.
Breach of Employment Contract
- Served as lead counsel, defending a local engineering firm against a former executive’s claim for termination pay and bonuses allegedly owed under the executive’s contract. After a one-day arbitration, the arbitral panel rejected the executive’s $230,800 damage claim and awarded zero damages.
Breach of Partnership Agreement/Fraud
- Served as co-lead counsel for the plaintiff in his lawsuit against Triumph Healthcare LLP and individual partners in Triumph alleging the defendants wrongfully redeemed his interest in the partnership by amending the partnership agreement without the plaintiff’s knowledge. Reached a confidential settlement during the third week of trial.
Breach of Incentive Bonus Plan
- Served as lead counsel representing the plaintiffs, two participants in an Incentive Bonus Plan, in an action against New Triumph Health Care LLP for breach of the Plan. Plaintiffs sought their ratable share of $9 million in additional bonuses due, but not paid by New Triumph, under the terms of the Plan. Our forensic examination of New Triumph’s accounting records led to a confidential, pretrial settlement less than a year after filing.
BUSINESS TORTS/INTELLECTUAL PROPERTY:
Misappropriation of Trade Secrets, Business Disparagement and Conspiracy
- Served as lead counsel, defending Marine Structure Consultants, a Dutch engineering firm, in a lawsuit alleging misappropriation of trade secrets, business disparagement and conspiracy. Seeking $15 million in damages, the plaintiffs claimed that our client, as part of a single business enterprise with a U.S. sister company, unlawfully obtained and modified the plaintiffs’ proprietary engineering drawings and calculations. After securing dismissal of the case on jurisdictional grounds, we took over as lead counsel for the U.S. sister company and won a series of favorable rulings, including an order striking the plaintiffs’ damages experts. Thereafter, the plaintiffs voluntarily dismissed their case against the sister company.
Misappropriation of Trade Secrets, Unfair Competition
- Served as lead counsel for a local engineering and construction firm in its suit against several of its former employees and their new employer, alleging that the former employees stole confidential and proprietary design information and trade secrets and provided them to the new employer. After obtaining a temporary restraining order, and following a two-day temporary injunction hearing, a settlement was reached in which the employees and the new employer agreed to return/destroy the information and to a forensic examination of specific computers, storage devices and servers to verify the absence of the client’s information.
HEALTHCARE INDUSTRY:
Healthcare Fraud/False Claims Act
- Served as lead counsel, defending a local physician in a Qui Tam action in which the Relators and the United States government alleged violations of Medicare/Medicaid Fraud and Abuse laws and the False Claims Act by our client, a national hospital chain, and other individual physicians who served as medical directors for the hospital. We obtained a voluntary dismissal with prejudice of the Relators’ claims against our client and the United States elected not to intervene against our client.
PERSONAL INJURY:
Personal Injury/Premises Liability/Defamation
- Served as lead counsel for the mother of a 12-year-old boy in a lawsuit asserting personal injury and defamation claims against a skating rink owner and the manufacturer of the rink enclosure. After the child suffered partial amputation of a finger in an accident at the rink, the rink owner falsely reported to the media that the child was injured while vandalizing the property. Reached a confidential, pretrial settlement with the rink manufacturer and, after a three-day trial, the Montgomery County jury returned a $100,000 verdict in favor of our client against the risk owner. The case later settled on confidential terms after appeal.
Personal Injury/Malicious Prosecution
- Served as lead counsel for the plaintiff in a lawsuit against Amtrak for wrongful arrest and malicious prosecution. Our client was arrested and jailed for a weekend for taking photographs of trains at Amtrak’s New Orleans terminal. Reached a confidential, pretrial settlement while a motion to remand the case to state court was pending.
Personal Injury/Design Defect
- Served as co-counsel for the plaintiffs in a wrongful death action against the vehicle manufacturer and trucking company responsible for the roof crush incident that killed a Navy pilot following a multi-vehicle accident in Seattle, Washington. Reached a confidential settlement at mediation.
PROFESSIONAL NEGLIGENCE/ MALPRACTICE:
Accounting Malpractice
- Served as lead counsel for a nonprofit community arts organization in a professional negligence claim against a local accounting firm for failure to detect the embezzlement of hundreds of thousands of dollars by a high-ranking employee of our client. Reached a confidential, pre-suit settlement within three months of engagement.
PRACTICE AREAS:
Trial and Arbitration of Complex Commercial Disputes
EDUCATION:
University of Texas School of Law at Austin, J.D., 1989
Honors:
The Order of Barristers, inducted 1989
National Mock Trial Team, National Semifinalist 1989
University of Texas at Austin, B.A., Business Administration – Accounting, 1986
University of Texas at Austin, B.B.A., Accounting, 1986
BAR ADMISSIONS:
Texas
COURT ADMISSIONS:
United States Court of Appeals for the Fifth Circuit
United States District Courts for the Eastern, Northern and Southern Districts of Texas
COMMUNITY SERVICE:
Boys Scouts of America – Troop #212, Assistant Scoutmaster
City of Houston Midtown Redevelopment Authority/TIRZ #2, Board Member (appointed 2013)
City of Houston Downtown Redevelopment Authority/TIRZ #3, Board Member (2011 – 2013), Chair – Affordable Housing Committee
Habitat for Humanity, volunteer
Houston Bar Association Adopt-A-School Program, mentor
Houston Volunteer Lawyers Project, volunteer
St. James’ Episcopal Church, Junior Warden (elected 2016)
St. James’ School Board of Trustees, Trustee (elected 2012)
Domestic & International Reach
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SOHJ U.S. Offices
Houston:
700 Louisiana, Suite 2650
Houston, TX 77002
Tel: 713.357.5150
Fax: 713.357.5160
Map & DirectionsSeattle:
701 Fifth Avenue, Suite 4200
Seattle, Washington 98104
Tel: 206.262.7677
Fax: 206.262.8001
Map & Directions