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Allen H. Rustay Partner, Hicks Thomas LLP

Education: Washington & Lee University (B.A. 1993); Baylor University (J.D., 1997), Notes and Comments Editor of the Baylor Law Review, Member Order of the Barristers, Vice President of the Moot Court Society.

Areas of Specialty: Business litigation including energy, oil and gas, commercial, insurance and personal injury matters. His experience includes the representation of energy, manufacturing, telecommunication and retail clients where he has tried lawsuits and handled appeals for both plaintiffs and defendants in State and Federal Courts.

Representative Cases/Clients:

• Represented a national manufacturer of metal products in lawsuit over pricing formulas in a sales and supply contract.
• Represented a publicly traded manufacturing company in lawsuit to enforce the representations and warranties under a purchase and sale agreement.
• Represented a major Houston retailer against an insurance company in lawsuit over failure to pay a business interruption claim following Tropical Storm Allison.
• Represented a publicly traded telecommunication company in lawsuits involving construction related and fatalities and OSHA investigations and OSHA investigations.
• Represented a large chemical manufacturer in a breach of warranty lawsuit with an international equipment company concerning defectively manufactured custom equipment.
• Represented an oxygen cylinder manufacturer in defense of product liability lawsuit.
• Represented public pipeline company in gas balancing disputes with upstream producers.
• Represented an upstream and midstream energy company in litigation over access to offshore platforms in the Gulf of Mexico.
• Represented a real estate holding company in complex litigation over contractual indemnity for asbestos and silicosis liabilities.
• Represented former officers and general counsel of a seismic data company in lawsuits over claims of breach of fiduciary duty and fraud.
• Represented closely held family business in complex shareholder litigation.
• Represented national retailer in a multi-party class action lawsuit over sales tax collection.

Published Cases:

• Nip v. Checkpoint Systems, Inc., 154 S.W.3d 767 (Tex.App.-Houston [14 Dist.], 2004, no pet.).
• Finger Furniture Co. Inc. v. Commonwealth Ins. Co., 404 F.3d 312, 5th Cir. (Tex.2005).

Presenter:

• "It’s the End of the World as We Know it….Again – House Bill 4 and its Impact on Litigation in Texas." Houston Club, June 2004
• Burying the Hatchet with the Handle Sticking Out – Drafting and Enforcing Settlement Agreements in Texas" Akin Gump, October 2003

Accomplishments/Honors:State Bar of Texas; Houston Bar Association; Houston Young Lawyers Association; Admitted to Practice before the U. S. Court of Appeals for the Fifth Circuit and the U. S. District Courts of the Northern, Southern, Eastern and Western Districts of Texas.

Selected as one of Texas' “Rising Stars” in Texas Monthly magazine and Texas Rising Stars magazine (2004, 2005, 2006, 2007)

Direct Line: 713.547.9133
Email: arustay@hicks-thomas.com