Kirk L. Worley

Partner

Houston


1 Houston Center
1221 McKinney
Suite 2100
Houston, Texas 77010
T +1 713.547.2217
F +1 713.236.5586

Areas of Practice

Education

  • J.D., University of Houston, 1996, magna cum laude; Order of the Coif; Order of the Barons
  • B.B.A., Texas A&M University, 1993

Bar Admissions

  • Texas

Court Admissions

  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. Court of Appeals for the Fifth Circuit

Mr. Worley is a Partner in the Business Litigation Section and resides in the firm's Houston office.  He has a broad business litigation and arbitration practice with particular experience in energy litigation (oil, gas and power), contract disputes, business torts, deceptive trade practices, disputes between business owners and international/cross-border litigation.  He has represented clients in the energy, petrochemical, banking, financial service, manufacturing, real estate, and telecommunications industries.  He has tried cases in state and federal courts, as well as arbitrations.

Mr. Worley's recent experience includes, among other representations:

  • Representing energy companies in disputes involving oil and gas leases, joint operating agreements, transportation agreements, preferential rights, area of mutual interest agreements, purchase and sale agreements, accounting procedures, easements, seismic data, royalties and business torts.

  • Representing an energy company in an arbitration involving a long-term power purchase agreement and the design and construction of an 1100 megawatt electric power plant.

  • Representing a national bank in litigation involving numerous multi-family properties located in several states.

  • Representing a publicly traded energy company in securities class action and shareholder derivative litigation.

  • Representing real estate developers and construction companies in development and construction disputes.

  • Representing businesses from various industries in contract, fraud, business tort and deceptive trade practice claims.

  • Defending energy companies in toxic tort litigation involving both personal injury and property damage claims.

Selected Honors

Selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2004 - 2010)

Selected Recent Publications and Presentations

Business and Public Records: When the Documents Really Do Speak For Themselves, How to Offer and Exclude Evidence, University of Houston Law Foundation (2006 - 2008)

Selected Representative Experience


Navasota Resources, L.P. v. First Source Texas, Inc., 249 S.W.3d 526 (Tex. App.-Waco 2008, pet. denied)
On behalf of an oil and gas exploration company, obtained reversal of an adverse trial court ruling and rendition of an appellate judgment enforcing a preferential right to purchase oil and gas leasehold interests.

Joint Operating Agreement Litigation
Represented numerous oil and gas exploration companies in litigation involving joint operations.

Business Tort and Fiduciary Litigation
Representing a publicly traded energy company in litigation involving ownership disputes and allegations of breaches of fiduciary duties.

Preferential Right Litigation
Representing an oil and gas exploration company in litigation involving the enforcement of a preferential right to purchase.

Financial Transactions Litigation - Fraud and Fiduciary Duty Litigation
Represented a national bank in litigation involving numerous multi-family properties located in several states, commercial mortgage-backed securities, and allegations of fraud and breaches of fiduciary duty.

Dynegy Inc. Securities and Derivative Litigation
Represented Dynegy Inc. in putative securities class action and in shareholder derivative suits arising from allegations of fraudulent accounting treatment of certain energy contracts and a natural gas transaction, and from purported energy market manipulation.

Neeley v. West Orange-Cove Consolidated Independent School District, 176 S.W.3d 746 (Tex. 2005)
Persuaded the Texas Supreme Court to strike down the Texas public school finance system on constitutional grounds; this decision was the culmination of a four- and-a-half year effort, including a previous successful appeal to the Texas Supreme Court and a successful five-week bench trial.

Power Plant and Power Purchase Agreement Arbitration
Represented an energy company in an arbitration involving a long-term power purchase agreement and the design and construction of an 1100 megawatt electric power plant.

Securities Class Action Litigation
Represented a publicly traded energy company in securities class action and shareholder derivative litigation.

Vehicle Financing and Business Tort Litigation
Represented a national bank in litigation involving commercial vehicle and business financing and allegations of fraud and business torts.

Area of Mutual Interest Agreement Litigation
Represented oil and gas exploration and production company in litigation involving rights under an area of mutual interest agreement.

Asset Divesture Litigation
Obtained dismissal by summary judgment of fraud and breach of warranty claims arising from the sale of an offshore oil and gas lease. Plaintiff alleged that the seller misrepresented and failed to disclose information concerning the condition of a well bore on the lease and sought damages in excess of $40 Million.

Environmental Litigation
Represented an energy company in a private party Superfund litigation that was tried in federal court in Houston, Texas, obtaining a judgment for cost recovery.

Memberships

  • State Bar of Texas (Litigation and Oil, Gas and Energy Resources Law Sections)
  • Houston Bar Association, Fellow (Litigation and Oil, Gas and Minerals Law Sections)
  • American Bar Association
  • Rocky Mountain Mineral Law Foundation
  • Institute for Energy Law of the Center for American and International Law, Advisory Board Member