Erica S. Harris

Work Highlights

CURRENT HIGH STAKES LITIGATION

I currently represent Chevron U.S.A., Inc. and Chevron Corporation in climate change litigation filed in courts across the nation. See, e.g., City of Oakland v. BP, PLC, et al, 325 F. Supp. 3d 1017 (2018).

PAST WINS

I represented Total Energies Petrochemicals & Refining USA Inc. in commercial litigation arising out of the 2019 Intercontinental Terminals Company LLC Deer Park Explosion.

I have represented Chevron U.S.A., Inc. and affiliates in numerous other commercial and environmental litigation matters. See, Chevron U.S.A. Inc. v. Ronald Guajardo, et al, Southern Cause No. 4:17-cv-01549. Click here to read about Temporary Restraining Order entered.

I represented KBR, Inc. in a quarter of a billion dollar dispute with Halliburton Co. Click here to read the Law360 article.

I represented Poly-America LP in its trademark invalidity action against Stego Industries, L.L.C. The Court found for my client on its trademark invalidity action, declared the trademark invalid, ordered cancellation of the trademark, and enjoined defendant from initiating or pursuing infringement litigation against my client. Our opponent appealed its loss, but we won affirmance in the Fifth Circuit. See Poly-America, LP v. Stego Industries, LLC, 694 F. Supp. 2d 600 (N.D. Tex. 2010), aff’d, per curiam (5th Cir. 2012).

I represented Cannon Interests-Houston against Kinder Morgan Texas Pipeline, L.P. on an approximately $15 million dollar breach of contract claim, which settled after my client won three motions in a row.

I represented Lyondell-Citgo Refining LP against the state owned Venezuelan oil company, Petroleos de Venezuela, SA, and PDVSA-Petroleo, S.A. in a $250 million dollar breach of contract action. The case settled after we obtained an adverse inference against the defendants for refusing to produce documents and while plaintiff’s motion for summary judgment was pending. See Lyondell-CITGO Refining, LP v. Petroleos de Venezuela, S.A. and PDVSA-

Petroleo, S.A., 2004 WL 2698218 (S.D.N.Y. Nov. 19, 2004).

I represented Clear Channel Communications, Inc. in a $1.5 billion antitrust action brought by Univision, obtaining both a dismissal of the action in the lower court and affirmance of that decision in the Eleventh Circuit. See Spanish Broadcasting System v. Clear Channel Communications, Inc., 376 F. 3d 1065 (11th Cir. 2004).

I represented Ace Bermuda Insurance Ltd. against a $150 million dollar breach of contract dispute brought by an insured. We obtained a winning judgment for defendant after a three week international arbitration.

I represented pensioners in an ERISA action brought against RJR Nabisco, Inc. The case settled after we won an appeal before the Fifth Circuit.

Career

I try bet-the-company cases for clients in federal and state courts around the country and in international arbitrations. Whether I am representing a Fortune 50 energy company or an individual seeking justice against such a company, I bring to each case vigor, grit, and a determination to win. Key to accomplishing that goal is understanding your business, your industry and your history. I do not gloss over nuances in the law or details in the evidence. I will understand everything about your case and apply the law to your unique facts to put you in the best position for success.

You need a trial lawyer, not a discovery litigator, for trial. All litigation before trial will be focused on what matters at trial. I will distill your case into language that is easily understood and present the story of your case fluidly. Most importantly, I will reveal the truth through cross-examination of the other sides’ witnesses. The ability to cross-examine effectively is a skill not every lawyer has.

You deserve the truth. I will not tell you everything is rosy if it isn’t. Nor will I paint the world with a black brush. I will communicate clearly my best assessment of the strengths and weaknesses of your case. You will know what to expect and understand the advantages and disadvantages to every decision you make.

Your case is not the only thing happening in your business or your life. I understand that while I am passionate about trying cases, your desired end result may not be a trial. I will work with you to achieve your goal even when that goal is to end the litigation as quickly as possible.

Experience

Former Judicial Clerk, Honorable Lee H. Rosenthal, Southern District of Texas

Clients

“Ms. Harris is the best damn lawyer in Houston . . . Erica knew more about natural gas contracts one month into the case than the suing parties [that] had been using the contracts for 10+ years.”

Patrick A. Locke, III, Cannon Interests

“To observe Erica in a courtroom setting is an opportunity to watch genius at work. . . . if trial is the only option, Erica’s meticulously thorough preparation for trial is very comforting and calming for the business executive involved in ‘bet the company’ litigation. You always have the feeling that she has it all under control.”

Dave Spray, President, Tax Export Advisors, Inc.

“What a huge difference a great lawyer makes! Erica took over the defense eight weeks before trial. She analyzed our situation, clearly explained our options, and expertly laid out the likely outcomes of each of the many strategic decisions facing our board in this very fluid and time compressed case. In just five weeks, Erica put the case in a position to be tried and enabled me and my board to make the best decisions for our company.”

Cinta Putra, CEO Everbridge, Inc.

“In 2009 our business was blindsided with an unexpected lawsuit . . . Erica Harris and Shawn Raymond . . . engaged the suing parties head on and in good faith. In less than sixty days the lawsuit was unconditionally dismissed and never went to trial.”

Rodney Stephenson, President, Trinity Retail Construction

Professional Memberships

United States Supreme Court

United States Court of Appeals for the 2nd, 5th, and 11th Circuits

Federal Circuit

Southern, Northern, Eastern and Western Districts of Texas

State of New York and State of Texas

American Bar Association

Federal Bar Association

Fifth Circuit Bar Association

Houston Bar Association (Professionalism Committee Co-Chair 2022-present; Mentor 2010-present; Teach Texas Volunteer 2017)

Rice University Mentor (2020- present)

Careerspring Mentor (2020-present)

The Advocate, Editorial Board (2021-present)

Fort Bend Exchange Club – ACE Award judge (2014-present)

ESCAPE Family Resource Center, Inc. (Board Chair 2017-2018) (Vice-Chair 2016-2017) (Executive Committee 2015-2018) (Board 2011-2018)

Greater Houston Partnership’s Women’s Business Alliance (Steering Committee 2014) (f.k.a. Women’s Leadership Committee 2012-2014)

UT Law CLE, Page Keeton Civil Litigation Conference (Planning Committee 2014, Co-Chair 2015, Senior Co-Chair 2016)

Houston Philosophical Society

Rafte Partner’s Breakfast Roundtable (2008-2012)

Publications

Amicus Briefs Filed in Support of Dr. Sue Sisley’s Petition to Facilitate Medical Cannabis Research for Veterans with PTSD, Interview with Cannabis Dispensary (October 2020)

“Pre-Trial Planning Checklist” in The Advocate (Spring 2018) (with Karen Burgess)

“Update on Challenges to Expert Witnesses,” Texas Bar CLE, Advanced Civil Trial (with Maria Boyce)

“Court Management of Discovery in Complex Cases,” Texas Bar CLE, Advanced Evidence and Discovery Conference

“Lessons Learned from Big Cases for Small Cases and Vice Versa,” 39th Annual Page Keeton Civil Litigation Conference

“Preparing Your Witness for Deposition,” Winning at Deposition: Skills and Strategy, UT Law CLE

“Shareholder Oppression: What is left after Ritchie v. Rupe,” 38th Annual Page Keeton Civil Litigation Conference

Working on the Clock: The Advantages of Timed Trials, The Texas Lawyer

Employers Beware: Layoffs May Result in Theft of Information, Houston Business Journal

Changing Times Bring New Threats to Houston Commerce, Houston Business Journal

Discovering Fraud Post-Confirmation: Is there recourse after 180 days?, ABA Commercial & Business Litigation Newsletter

Multiple Parties: Alliances, Traps and Tactics, The University of Houston Law Foundation CLE

Business and Commercial Litigation Update, State Bar of Texas

The Regulation of Managed Care: Conquering Individualism and Cynicism in America, Virginia Journal of Social Policy and the Law

Corporate Restructuring, Technical Change and the Distribution of Labor Income, The Macrofoundations of Economic Growth

Controlled Impairments Under the Americans with Disabilities Act: A Search for the Meaning of “Disability,” Washington Law Review

Is Age Discrimination Really Age Discrimination?: The ADEA’s Unnatural Solution, New York University Law Review

In Defense of Targeted ERIPs: Understanding the Interaction of Life-Cycle Employment and Early Retirement Incentive Plans, Texas Law Review

How the State Judiciary Can Increase Professionalism Within the Bar, Harris County Civil Judicial Conference

OMG! Text me, Please!, Rantings of a Partner . . . and Pushback from the Associate, American Bar Association (2011)

Education

Awards