Attorneys —

Millard A. Johnson | Shareholder

Phone: (713) 652-2525
Fax: (713) 652-5130
E-mail: mjohnson@jdkglaw.com
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Doing the Right Thing
“I enjoy the practice of law. Nothing is more rewarding than making the other side do that which they are legally required to do.”
- Millard A. Johnson

A native of Texas, Millard has been practicing law for the past 25 years. He has recognized expertise in the areas of land use litigation, insurance coverage disputes, and commercial litigation. However, there is no type of civil litigation matter Millard hasn’t handled successfully. He is recognized for his knowledge of the complex, inter-linked moving parts that make up the landscape of these cases. He understands how to expedite cases through a gauntlet of federal and state statutes and local municipal ordinances and regulatory schemes, government elected or appointed officials’ agendas, and within the confines of the overall political environment to achieve the best outcome for his clients. He is routinely sought out by other attorneys, both inside and outside of the firm, for his counsel on all types of cases.

He has also represented large banks and financial services companies in a wide variety of litigation matters.

Millard’s substantial jury trial experience provides him with a major advantage in litigation, as well as to help his clients proactively avoid litigation. With an outstanding record, including 50 – 60 jury trials, Millard is a recognizable face in the broader Houston area’s courthouses. He is well respected as an attorney who maintains productive professional relationships with many of the judges, and comes to court well prepared with solid, defendable arguments.

Millard was named one of Texas’ Super Lawyers® by Key Professional Media, as published in Texas Monthly magazine in 2008 through 2012. He was selected based upon stringent nomination criteria and a rigorous vetting process, placing him in the top 5% of lawyers in the state of Texas.

Highlights for 2013

– Obtained dismissal for lack of personal jurisdiction in California Superior Court for a local Texas client
– Successfully obtained a disqualification of a prominent Oklahoma law firm on the basis of a conflict of interest
– As special counsel for Debtor, successfully challenged multiple substantial claims in assisting obtaining a confirmed Chapter 11 plan of reorganization
– Successfully tried to a jury verdict a multi-million dollar dispute between the operator of the iconic Flagship Hotel against Landry’s, Inc.
– Oral argument before the United States Court of Appeals for the Fifth Circuit
– Oral argument before the Texas Supreme Court (see the argument here)
– Successfully obtained a dismissal of a FINRA arbitration for the institution’s failure to comply with arbitrator’s orders

Focus Areas

Protection and Defense of Trade Secrets/Intellectual Property/Unfair Competition
Electronic Data Security and Privacy Rights
Merchant Processing and Electronic Payments
Land Use and Eminent Domain
Developers and Real Estate Lending Litigation
Insurance Coverage Litigation/Bad Faith
Commercial Lending
Commercial Litigation
Commercial Arbitration
Alternative Dispute Resolution (ADR)
Mass Tort Actions
Class Actions
Common Carrier and Transportation

Featured Cases

* No. 90-1844; In the Supreme Court of the United States, October Term, 1991; Prudential Insurance Company of America, Petitioner, v. Billy W. Brown, Respondent.

* Case No. 02-40994; In the United States Court of Appeals for the Fifth Circuit; In the Matter of: Bristol Resources 1994 Acquisition Limited Partnership; Bristol Resources Corporation; Bristol Production Corporation, L.L.C., Stephen E. Jackson, et al., Appellants, v. Nifuel Company, Inc. formerly known as Nipsco Fuel Company, Inc.; On Appeal from the United States District Court, Southern District of Texas, Corpus Christi Division.

* No 93-2842; In the United States Court of Appeals for the Fifth Circuit; the Houston Business Journal, Inc. and Dee Gill v. The Office of the Comptroller of the Currency.

* No. 91-6288; No. 91-6141; In the United States Court of Appeals for the Fifth Circuit; Transamerica Occidental Life Insurance Company v. Jimmy W. Grider; On Appeal from the United States District Court for the Southern District of Texas, Houston Division.

* In the United States Court of Appeals for the Fifth Circuit, No. CV-87-6111; Texas Gulf Trust Company v. Natural Gas Pipeline Company of America; On Appeal from the United States District Court for the Southern District of Texas.

* No. 07-0231; In the Supreme Court of Texas; Tesoro Petroleum Companies, Inc., Tesoro Marine Services, Inc., and Coastwide Marine Services, Inc. v. Four Brothers Boat Works, Inc., Columbia Star, Inc. and Billy B, Inc.; On petition from the Court of Appeals for the Fourteenth District of Texas, Houston, Texas.

* No. 95-0772; In the Supreme Court of Texas; Marist College v. William Nicklin and Alex, Brown & Sons, Incorporated; On Appeal from the First Court of Appeals, No. 01-94-0849-CV and From the 234th Judicial District Court of Harris County, Texas, Cause No. 93-08661.

* Cause No. 94-1201; In the Supreme Court for the State of Texas; California Insurance Guarantee Association and Wisconsin Insurance Security Fund v. Honorable James W. Mehaffy.

* No. 06-08-00018-CV; In the Sixth Court of Appeals at Texarkana; Wendell Watson v. TeleCheck Services, Inc. and TRS Recovery Services, Inc.; Appealed from the 123rd Judicial District Court of Panola County, Texas.

* No. 14-07-00290-CV; In the Court of Appeals, Fourteenth District of Texas at Houston; F. Alan “Bud” Frick, Butler & Cook, Inc. d/b/a Butler and Cook, Inc. et al. v. Total Separation Solutions, LLC; On Appeal from the 215th Judicial District Court of Harris County, Texas.

* No. 01-01-00631-CV; In the Court of Appeals for the First Judicial District at Houston, Texas; City of Hedwig Village Planning and Zoning Commission and S. Frank White v. Howeth Investments, Inc. and Jack Howeth as Trustee for the 881 Brogden Trust and the 901 Brogden Trust, Assignees of Howeth Investments, Inc.; On Appeal from the 189th Judicial District Court, Harris County, Texas.

* No. 01-86-00216-CV; In the Court of Appeals for the First Supreme Judicial District of Texas; Texaco Inc. vs. Pennzoil Company; On Appeal from the 151st District Court of Harris County, Texas.

Bar Admissions

Texas, 1983
U.S. Supreme Court
U.S. Court of Appeals for the 5th Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. District Court, Northern District of Texas
U.S. District Court, Southern District of Texas
U.S. District Court, Eastern District of Texas
U.S. District Court, Western District of Texas

Education

University of Houston Law Center, Houston, Texas, J.D. 1983, cum laude
University of Houston, Houston, Texas, B.A. 1980, magna cum laude

Honors and Awards

Named one of Texas’ Super Lawyers® by Key Professional Media, as published in Texas Monthly magazine in 2008 and 2009
AV rated by Martindale-Hubbell
Texas Mortgage Lending Institute Annual Seminar – Speaker 2007
Felton F. Waggoner Award, Deer Park ISD Foundation – Recipient 2006
Profiled in Texas Bar Journal, “I Love My Lawyer,” April 2003
Houston Bar Association Lunch CLE Program – Speaker, “Strategies and Pitfalls in
the Jury Charge Conference”
Board of Advocates – Associate Justice 1983
Admissions Committee of the UH Law School – Student Member
International Academy of Trial Attorneys Award, 1983
Region 8, National Trial Competition – Coordinator
Deer Park High School Hall of Honor – Member
Order of the Barons
Phi Delta Phi
Phi Kappa Phi

Professional Associations and Memberships

State Bar of Texas – Member
Houston Bar Association – Member

Community Involvement

University of Houston Alumni Organization – Life Member
University of Houston Law Foundation Board of Directors – Member
University of Houston Law Alumni Organization Board of Directors – Member
Committee to Design New Harris County Civil Courts Building – HBA Representative 2002-2004
Timbergrove National Baseball League – Longtime baseball coach

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