Mr. Warden, a founding partner of his former firm Yetter Warden & Coleman LLP and formerly a partner with Baker Botts L.L.P., is an internationally recognized expert in patents, intellectual property, business litigation and arbitration. He is a lawyer, engineer, arbitrator, businessman, and an adjunct engineering and economics professor at Rice University.

“We are thrilled to welcome someone with the vast patent and intellectual property experience of David Warden.” says John Zavitsanos, a founding partner of AZA. “He provides a valuable engineering background and has not only tried these cases, but has overseen them as a special master.”

Mr. Warden has been appointed as special master and mediator by federal courts in various patent litigation matters. He is licensed as a patent attorney before the U.S. Patent & Trademark Office, and has been Board Certified in Civil Trial Law since 1989 by the Texas Board of Legal Specialization. Mr. Warden has arbitrated cases under the rules of the ICC International Court of Arbitration (Paris) and American Arbitration Association (New York), in addition to conducting ad hoc arbitrations.

“I have known and worked with the lawyers at AZA for many years and am excited to become formally associated with the firm,” says Mr. Warden. “AZA operates with an ‘unconventional wisdom,’ as we say at Rice University. They are brilliant and passionate lawyers working together with a special camaraderie to achieve the best results for their clients.”

Mr. Warden earned his law degree from University of Virginia after earning his bachelor’s and master’s degrees in engineering from Purdue University. He has been an adjunct professor at Rice University since 2006. He speaks French and some basic Mandarin, and is an instrument-rated pilot and a certified scuba diver. Before attending law school, Mr. Warden worked as an engineer and district production engineering supervisor for Exxon Corporation USA.

Mr. Warden’s business activities include serving as Vice President–Corporate Development for Excalibur Almaz, U.S.A. from 2009-2011. He also serves on the Board of Directors for Encore Bancshares Inc. and several other businesses and charities.

Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA, is a Houston-based law firm that is home to true courtroom lawyers with a formidable track record in complex commercial litigation, including energy, intellectual property, securities fraud, construction, and business dispute cases. AZA is one of only 32 firms in the U.S. to be recognized as “awesome opponents” in a nationwide poll of corporate general counsel who were asked to name the law firms they hope their companies never have to face in court. In fact, AZA has been hired on many occasions by the same companies the firm has prevailed against at trial. More information about the firm can be found at http://www.azalaw.com.

Diane Guillerman joins the firm with more than 12 years of experience in litigation and appellate matters, including prior work as a chambers attorney for then-Texas 14th Court of Appeals Justice Eva Guzman.

Reed Smith has clerked for two federal judges, including one on the 5th U.S. Circuit Court of Appeals; helped write solicitor general briefs in support of Texas law; and served as editor of the law review at the University of Virginia School of Law.

“We’re very pleased to add these two exceptional attorneys to our team of skilled trial lawyers,” says John Zavitsanos, a founding partner of AZA.

Ms. Guillerman has extensive experience in pretrial preparation and electronic discovery in complex commercial litigation cases involving FERC, securities matters, contractual interference and breach of contract. In addition to her appellate and litigation credentials, Ms. Guillerman has mediated cases at the Dispute Resolution Center of Harris County for two years. She is a member of the College of the State Bar, and she was also recently appointed by the mayor to serve on Houston’s Independent Police Oversight Board. Before attending the University of Houston Law Center, Ms. Guillerman worked as a Division Order Analyst at Scurlock Permian Corp.

Mr. Smith co-authored the State of Texas’ successful brief in the 2010 case of Croft v. Perry, a challenge to the words “under God” in the state’s pledge of allegiance. As a clerk in the Office of Solicitor General – part of the Texas Office of the Attorney General – he worked on several other cases including Rangra v. Brown, a challenge to open meetings laws that resulted in a dismissal on behalf of the state. Mr. Smith also clerked for 5^th Circuit Judge Catharina Haynes and U.S. MagistrateJudge Paul D. Stickney of Dallas, as well as serving as an intern for 5^th Circuit Judge Jennifer Elrod.

Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA, is a Houston-based law firm that is home to true courtroom lawyers with a formidable track record in complex commercial litigation, including energy, intellectual property, securities fraud, construction, and business dispute cases. AZA is one of only 32 firms in the U.S. to be recognized as “awesome opponents” in a nationwide poll of corporate general counsel who were asked to name the law firms they hope their companies never have to face in court. In fact, AZA has been hired on many occasions by the same companies the firm has prevailed against at trial. More information about the firm can be found at http://www.azalaw.com.

The BTI Client Service A-Team 2012: The Survey of Law Firm Client Service Performance “evaluates individual law firm performance through the eyes of the client” and is developed from more than 240 one-on-one interviews with corporate counsel. Nationwide, only a select number of law firms that service Fortune 1000 companies were chosen based on superior client relationships. The BTI Consulting group is a 20-year-old Massachusetts-based polling and analysis firm.

“AZA prides itself on answering our clients’ needs in crisis and over the long haul. It’s gratifying to see that we’re doing it well,” says John Zavitsanos, a founding partner of AZA. “BTI’s national polling of general counsel has previously found that we are among only 32 firms in the nation dubbed ‘awesome opponents’ in court. We are pleased that our firm again has been named as one of the best by the corporate counsel we serve.”

Many of the law firms named in BTI’s surveys are much larger than the AZA boutique. The factors BTI considered in placing AZA on the Client Service A-Team include client focus, understanding the client’s business, providing value for the dollar, keeping the client informed, legal skills, dealing with unexpected changes, meeting scope and budget, anticipating client needs and providing innovative approaches.

Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA, is a Houston-based law firm that is home to true courtroom lawyers with a formidable track record in complex commercial litigation, including energy, intellectual property, securities fraud, construction, and business dispute cases. AZA is one of only 32 firms in the U.S. to be recognized as “awesome opponents” in a nationwide poll of corporate general counsel who were asked to name the law firms they hope their companies never have to face in court. In fact, AZA has been hired on many occasions by the same companies the firm has prevailed against at trial.

Mr. Mitby represented Mr. Dreyer after media reports questioned the use of a Port boat during a promotional tour and raised issues about how the boat’s records were maintained. In a letter issued Dec. 9, 2011, the Harris County DA officially exonerated Mr. Dreyer, saying he followed Port policies and complied with the law in his role as CEO. The complete letter is available here.

“This kind of letter is virtually unprecedented in Harris County,” says Mr. Mitby. “Because of the district attorney’s thorough and fair investigation, the public now knows that Mr. Dreyer has been vindicated and the false allegations against him have been put to rest.”

Mr. Dreyer personally requested the District Attorney’s review of the media allegations and worked with Mr. Mitby to secure the exoneration letter because it is important that the public know the truth. The official statement from Mr. Mitby and Mr. Dreyer can be read here. Media coverage of the exoneration included this Houston Chronicle story, this Houston NBC affiliate story and this KUHF radio story.

Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA, is a Houston-based law firm that is home to true courtroom lawyers with a formidable track record in complex commercial litigation, including energy, intellectual property, securities fraud, construction, and business dispute cases. AZA is one of only 32 firms in the U.S. to be recognized as “awesome opponents” in a nationwide poll of corporate general counsel who were asked to name the law firms they hope their companies never have to face in court. In fact, AZA has been hired on many occasions by the same companies the firm has prevailed against at trial. More information about the firm can be found at www.azalaw.com.

I represent Alec Dreyer, the CEO of the Port of Houston Authority. The Harris County District Attorney’s Office has officially exonerated Mr. Dreyer concerning the false allegations made against him earlier this year. Specifically, the DA found that Mr. Dreyer followed Port policies, did nothing unusual, and complied with the law. Based on my experience and that of many other knowledgeable lawyers in Houston, this kind of letter is virtually unprecedented in Harris County. I am delighted that, because of the District Attorney’s thorough and fair investigation, the public now knows that Mr. Dreyer has been vindicated and the false allegations against Mr. Dreyer have been put to rest.

Mr. Dreyer’s statement to the media is below. Please call me at 713-542-4090 with any questions.

Sincerely,
Steven J. Mitby, attorney for Alec Dreyer

Statement from Alec Dreyer, CEO of the Port of Houston

I am pleased to announce that I have received a letter of exoneration from the Harris County District Attorney’s Office. The DA’s office conducted a thorough and fair investigation of the false allegations made against me earlier this year. The DA’s office found that I complied with the law, followed Port policies, and did nothing out of the ordinary.

I personally requested this investigation to clear my name after questions were raised about my use of the Port’s boat for a promotional tour and our record-keeping practices related to the boat’s use. 

I feel it is vitally important for the public to know the truth. I came to the Port of Houston to apply my business experience in public service. We’ve achieved a great deal in my time here, most notably by helping this Port prepare for significant growth coming as a result of the expansion of the Panama Canal and the ongoing demographic shift to the Texas triangle.

I’m proud of what we’ve accomplished. This experience, however, has shown me that the political arena is not where I want to be. I have decided not to seek reappointment, but rather to go back to the business world. I’m happy to serve until a replacement is found.

I’ve enjoyed my work at the Port and I think it’s important that this organization continues to apply good business practices to encourage prosperity, to capitalize on this growth, and to create jobs for this region.

To download a PDF version of the letter of exoneration click here.

AZA partners Steven Mitby, Demetrios Anaipakos and Amir Alavi filed a claim on behalf of Austin-based Versata Software Inc. against Japan-based Toyota Motor Corp., a member of the Fortune Global 500. The lawsuit filed in November 2011 alleges that Toyota’s Build Your Own Toyota service infringes a series of Versata-owned ThinkDesign software patents.

The case was reported in a Law 360 story that quoted Mr. Mitby:

“Versata is one of the most innovative software companies in the world today and we vigorously protect the patents that we have worked hard to earn. We hope that Toyota will do the right thing and respect Versata’s patent rights.”

“It’s real simple. If Toyota chooses to do business in the United States, Toyota has to follow our patent laws.”

Mr. Mitby and Mr. Alavi also represent California-based Lumetique Inc. in a patent infringement lawsuit against home products manufacturer The Proctor & Gamble Company. Lumetique makes home fragrance products under the name DayNa Decker, and claims in the November 2011 lawsuit that Ohio-based Proctor & Gamble’s Febreze Wood Wick Candles products are infringing Lumetique patents that cover low-soot wood wick systems.

Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA, is a Houston-based law firm that is home to true courtroom lawyers with a formidable track record in complex commercial litigation, including energy, intellectual property, securities fraud, construction, and business dispute cases. AZA is one of only 32 firms in the U.S. to be recognized as “awesome opponents” in a nationwide poll of corporate general counsel who were asked to name the law firms they hope their companies never have to face in court. In fact, AZA has been hired on many occasions by the same companies the firm has prevailed against at trial.

The editors of the Dallas Business Journal, Houston Business Journal and Pittsburgh Business Times selected 300 key players in the energy industry, encompassing legal, financial and engineering professionals. Selections were made based on open nominations, industry outreach and internal research by each publication. The full “Who’s Who in Energy” list can be found online at http://www.bizjournals.com/houston/print-edition/2011/11/11/whos-who-in-energy.html.

“We are honored to be named in this elite group that includes leaders from law, finance and engineering,” says Mr. Zavitsanos, a founding partner of Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA.

Mr. Zavitsanos primarily represents companies and individuals in complex commercial disputes and oil & gas litigation. He regularly is hired by other lawyers on the eve of trial to assume first-chair responsibility in the courtroom, based on his experience in trying more than 75 cases to verdict.

Board-certified in civil trial law by the Texas Board of Legal Specialization, Mr. Zavitsanos has earned selection to the Texas Super Lawyers list since 2003, has been included in the Texas Super Lawyers list of Texas’ Top 100 lawyers for five years, and has been listed among The Best Lawyers in America for seven years.

Mr. Mensing focuses on complex commercial litigation in a variety of areas, including energy, real estate and construction matters, trade secrets and breach of contract. He also is board-certified by the Texas Board of Legal Specialization in civil law, and earned a spot on the Texas Super Lawyers list in only his fifth year of practice.

Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA, is a Houston-based law firm that is home to true courtroom lawyers with a formidable track record in complex commercial litigation, including energy, intellectual property, securities fraud, construction, and business dispute cases. AZA is one of only 32 firms in the U.S. to be recognized as “awesome opponents” in a nationwide poll of corporate general counsel who were asked to name the law firms they hope their companies never have to face in court. In fact, AZA has been hired on many occasions by the same companies the firm has prevailed against at trial.

On Nov. 14, Judge Jaclanel McFarland of the 133^rd District Court signed the judgment awarding $2 million in damages and $8,740 in attorneys’ fees to Ms. Uddin’s client, Bertex LLC.

“Our client had a clear, explicit contractual right to the $2 million after fulfilling the contract terms,” says Ms. Uddin. “That included securing financing, potential customers, suppliers and much more for the defendants.”

Bertex sued gold refiners Larry Nunley and Arizona-based AZ Rock Mining based on claims that Nunley and AZ Rock failed to pay Bertex as promised under terms of a contract. This breach occurred even though Bertex met its contractual promises of raising capital, introducing the defendants to engineering and refining contacts, and finding potential customers and investors for the defendants’ gold-refining business.

The case is Bertex LLC, et al. v. Larry Nunley, et al., in Harris County’s 133^rd District Court, No. 2010-64521.

Ms. Uddin, a 2010 graduate of the University of Chicago Law School, already has posted several court victories since joining AZA. She has succeeded in winning a separate summary judgment on liability in the Bertex case, in addition to defeating a summary judgment motion in a breach-of-contract employment claim. Ms. Uddin also argued successfully to defeat a temporary injunction in a separate property case.

Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., known as AZA, is a Houston-based law firm that is home to true courtroom lawyers with a formidable track record in complex commercial litigation, including energy, intellectual property, securities fraud, construction, and business dispute cases. AZA is one of only 32 firms in the U.S. to be recognized as “awesome opponents” in a nationwide poll of corporate general counsel who were asked to name the law firms they hope their companies never have to face in court. In fact, AZA has been hired on many occasions by the same companies the firm has prevailed against at trial. More information about the firm can be found at www.azalaw.com.

“In just the last year alone, Steve helped win a $392 million patent infringement claim, an important appellate victory for Continental Airlines pilots in an ERISA case, and an oil & gas dispute where he was asked to come in at the last minute,” says Joe Ahmad, one of the founding partners of AZA.

“For good measure, Steve is also representing a high-profile government executive in an ongoing investigation. Who wouldn’t make him partner?” says John Zavitsanos, also a founding partner of the firm.

Mr. Mitby represents both plaintiffs and defendants in a wide variety of complex litigation matters, including patent infringement cases, insurance coverage disputes, securities class actions, products liability claims, construction litigation, oil and gas litigation, trademark infringement disputes, internal corporate investigations, and appeals.

Named to the 2011 Texas Rising Stars list published in Texas Monthly magazine, Mr. Mitby recently helped Austin-based Versata Software Inc. win a $392 million patent infringement verdict in the U.S. District Court for the Eastern District of Texas. In July, he was named Appellate Lawyer of the Week by Texas Lawyer after helping his clients avoid millions of dollars in liability following his arguments before the 5^th U.S. Circuit Court of Appeals.

In another case, Mr. Mitby assumed the lead counsel role only three days before a trial, successfully defending a group of former engineering firm shareholders against claims that the group owed a substantial debt stemming from the merger of two oil & gas companies. The judge awarded AZA $755,000 in attorney’s fees as well. He currently represents Port of Houston CEO Alec Dreyer in several controversies related to port operations.

A summa cum laude graduate of Harvard College and cum laude of Harvard Law School, Mr. Mitby worked in the Houston office of Baker Botts L.L.P. before joining AZA.

Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA, is a Houston-based law firm that is home to true courtroom lawyers with a formidable track record in complex commercial litigation, including energy, intellectual property, securities fraud, construction, and business dispute cases. AZA is one of only 32 firms in the U.S. to be recognized as “awesome opponents” in a nationwide poll of corporate general counsel who were asked to name the law firms they hope their companies never have to face in court. In fact, AZA has been hired on many occasions by the same companies the firm has prevailed against at trial.

AZA lawyers John Zavitsanos and Elizabeth Pannill Fletcher won the successful defense verdict last week for Mistras, a New Jersey-based company that assesses the safety of large corporate and infrastructure components such as refineries and bridges. During the trial that lasted more than three weeks, Mistras was wrongly accused by Texas-based Sentinel Integrity Solutions of interfering with an employment agreement and obtaining confidential information when it hired a former Sentinel employee. Sentinel sued for more than $9 million.

The jury in Judge Caroline Baker’s 295th Harris County District Court found that Mistras and its employees did nothing wrong and awarded $750,000 in legal fees to Mistras’ lawyers at AZA.

“It’s highly unusual for a jury to award this much money to the attorneys of a defendant and we’re very grateful for the panel’s careful attention and consideration,” says Mr. Zavitsanos, a founding member of AZA.

The jury verdict includes an additional $150,000 in attorneys’ fees if Sentinel files an appeal, creating a possible total fee award of $900,000. The case is Sentinel Integrity Solutions Inc. v. Mistras Group Inc., et al., No. 2010-11229.

Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA, is a Houston-based law firm that is home to true courtroom lawyers with a formidable track record in complex commercial litigation, including energy, intellectual property, securities fraud, construction, and business dispute cases. AZA is one of only 32 firms in the U.S. to be recognized as “awesome opponents” in a nationwide poll of corporate general counsel who were asked to name the law firms they hope their companies never have to face in court. In fact, AZA has been hired on many occasions by the same companies the firm has prevailed against at trial.