J. Stephen Barrick

Partner

J. Stephen Barrick is a trial and appellate lawyer who began his legal career as a law clerk at the federal district court in Houston, Texas. After two years working for the federal trial court, Mr. Barrick joined the litigation department of the international law firm, Akin Gump Strauss Hauer & Feld LLP, where he practiced trial and appellate law for more than nine years. Mr. Barrick joined Hicks Thomas LLP in 2008, where his practice now focuses on business litigation and appeals. Mr. Barrick is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization, and he has over 20 years of litigation experience. He has been named to the Texas Super Lawyers listing by Thomson Reuters every year since 2012.

Practice Emphasis

  • Appellate Practice
  • Business Litigation
  • Domestic and International Arbitration

Education

  • University of Houston Law Center (J.D., magna cum laude, 1996)
    • Order of the Coif
    • Order of the Barons
    • Houston Law Review – Notes and Comments Editor
  • University of California at Berkeley (B.A., 1989)
  • Senior Year Abroad at Wadham College, Oxford (1988-89).

Court Admissions:

  • State Bar of Texas
  • U.S. Supreme Court
  • U.S. Courts of Appeals for the Fifth, Ninth, Tenth, and Federal Circuits
  • U.S. District Courts for all districts in Texas

Honors & Distinctions

  • Named to Texas Super Lawyers listing by Thomson Reuters (2012-2019)
  • Named to Texas Super Lawyers Rising Stars listing by Thomson Reuters (2004-2007)
  • Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization
  • Fellow in the Texas Bar Foundation
  • Section Leadership Council, Houston Bar Association Appellate Practice Section (2014-2017)

Professional Memberships

  • Texas Association of Civil Trial and Appellate Specialists
  • Houston Bar Association (Litigation and Appellate Practice Sections)

Representative Cases

  • Lead counsel for international oil and gas company in AAA/ICDR arbitration against a joint interest holder concerning joint interest billing under an offshore operating agreement.
  • Lead counsel for a publicly-traded oil and gas company in ad hocarbitration against a joint interest holder concerning lifting rights under an overseas operating agreement.
  • Lead appellate counsel for domestic shipping services company against a large, international shipping company in appeal to the Texas Supreme Court.
  • Lead counsel for publicly-traded oil and gas company in contract dispute against a gas processing and marketing company.
  • Counsel for publicly-traded offshore drilling contractor in ad hocarbitration against two large, international operators concerning an assignment of an offshore drilling contract.
  • Counsel for gas processing company in litigation against natural gas liquids pipeline owner concerning measurement errors by the pipeline.

Representative Appeals

  • Windrum v. Kareh, --- S.W.3d ---, 2019 WL 321925 (Tex. 2019). Appellate counsel for medical malpractice plaintiff who prevailed at trial, only to have the jury verdict reversed by the court of appeals. The Texas Supreme Court granted review and unanimously reversed the court of appeals, effectively reinstating the jury verdict in favor of our client.
  • MJR Oil & Gas 2001, LLC v. AriesOne, LP, 558 S.W.3d 578 (Tex. App.—Texarkana 2018, no pet.). Appellate counsel for plaintiff who appealed a summary judgment holding that its right of first refusal in several oil and gas leases was not a covenant running with the land. The court of appeals reversed the summary judgment, holding that our client’s right of first refusal was a covenant running with the land as a matter of law.
  • BP Exploration Libya Ltd. v. ExxonMobil Libya Ltd., 689 F.3d 481 (5th Cir. 2012). Counsel for appellant on appeal of an order concerning appointment of arbitrators in an international maritime dispute. On an issue of first impression under the Federal Arbitration Act, the Fifth Circuit reversed and remanded.
  • Allen v. Devon Energy Holdings, LLC, 367 S.W.3d 355 (Tex. App.—Houston [1st Dist.] 2012, pet. granted, judgm't vacated w.r.m.). Counsel for appellant on appeal of adverse summary judgment ruling in a securities fraud action. In a landmark, 100+ page opinion, the appellate court reversed and remanded.
  • In re Pinnacle Eng'g, Inc., 405 S.W.3d 885 (Tex. App.—Houston [1st Dist.] 2013, orig. proceeding). Counsel for relator on mandamus of overbroad discovery order. The appellate court unanimously granted mandamus relief on multiple grounds.
  • Chu v. Hong, 249 S.W.3d 441 (Tex. 2008). Appellate counsel for defendant in appeal of a $1.7 million fraud judgment. The Texas Supreme Court granted review and unanimously reversed the judgment, ordering that the plaintiff take nothing.
  • Texas Mut. Ins. Co. v. Ruttiger, 265 S.W.3d 651 (Tex. App.—Houston [1st Dist.] 2008), rev’d, 381 S.W.3d 430 (Tex. 2012). Counsel for workers’ compensation insurer on appeal of a final judgment for bad-faith insurance claim handling. The appeal ultimately led to the Texas Supreme Court reversing its own precedent and abolishing the bad faith cause of action in the workers’ compensation context.
  • TH Investments, Inc. v. Kirby Inland Marine, L.P., 218 S.W.3d 173 (Tex. App.—Houston [14th Dist.] 2007, pet. denied), cert. denied, 555 U.S. 1098 (2009). Counsel for appellee on appeal of a judgment determining ownership and boundaries of partially submerged real estate near the Houston Ship Channel. The appellate court affirmed the judgment in full, and both the Texas and U.S. Supreme Courts denied review.
  • BACM 2001-1 San Felipe Rd. Ltd. P'ship v. Trafalgar Holdings I, Ltd., 218 S.W.3d 137 (Tex. App.—Houston [14th Dist.] 2007, pet. denied). Counsel for defendant in appeal of a $13 million judgment for breach of contract. The court of appeals unanimously reversed the judgment, ordering that the plaintiff take nothing.

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(713) 547-9167
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