Charles Kelley is the Houston office Litigation & Dispute Resolution practice leader. With active practices in both commercial litigation and restructuring and bankruptcy, Charles regularly represents global corporations in the oil, energy, construction, engineering, manufacturing, financial services and real estate sectors, among others.
Charles has litigated commercial cases in federal and state courts for twenty four years and also offers significant experience with international arbitration and other dispute resolution proceedings. He has obtained successful awards, verdicts and judgments at trial, and has facilitated the successful resolution of hundreds of other cases through settlements.
In his bankruptcy and restructuring practice, Charles has represented clients in numerous bankruptcies, workouts, adversary proceedings, evidentiary proceedings and contested matters. Charles has also represented numerous lenders, creditors and other parties in business restructurings in the energy, hospitality, construction, manufacturing and transportation industries.
Having previously worked as a mechanical engineer for Amoco Oil Company, in the capacities of project engineer, inspection engineer, and unit maintenance engineer in Amoco’s largest and most complex refinery, Charles brings a commercial business approach to his practice of law.
A graduate of the University of Texas School of Law, he also holds a Bachelor of Science degree in Mechanical Engineering from the University of Texas in Austin.
Litigation and Dispute Resolution: Charles been trying commercial cases in federal and state courts throughout the United States for twenty four years. He offers deep experience with bench and jury trials, as well as with arbitrations and alternative dispute proceedings.
His experience includes numerous class action lawsuits, including cases in which he was able to defeat class certification efforts quickly and efficiently. He has also negotiated the successful resolution of hundreds of other cases by crafting suitable settlements that are beneficial to his clients.
Bankruptcy and Restructuring: Charles has represented various secured and unsecured financial institutions, administrative agents, debtors, trade creditors, and general creditors, such as international banks, lending institutions, private equity and hedge funds, energy service companies, exploration and production companies, real estate developers, special servicers for securitized financings, industrial businesses and other commercial entities, in numerous bankruptcies, workouts, adversary proceedings, evidentiary proceedings and contested matters.
Importantly, Charles has also represented numerous lenders, creditors and other parties in business restructurings in the energy, hospitality, construction, manufacturing and transportation industries, that have occurred outside of any formal proceedings, including under the US Bankruptcy Code or other domestic or international laws.
- The University of Texas School of Law, JD, with honors
- The University of Texas, Cockrell School of Engineering, BSME
- US Supreme Court
- US District Court for the Western District of Texas
- US District Court for the Northern District of Texas
- US District Court for the Southern District of Texas
- Executive Board of Directors, Texas Appleseed
- Board of Directors, Texas Defenders Service
- Board of Trustees, Annunciation Orthodox School
- Founding Member, Houston Pro Bono Initiative
- Defense of an international bank as agent and issuing bank of a syndicated project finance loan in several lawsuits related to hundreds of million of dollars in alleged defects in construction and insurance claims related to borrower’s construction of refinery tail gas processing plants in Louisiana.
- Defense of an international contractor on the design/build of a LNG gasification facility involving hundreds of millions of dollars in project delays and cost overrun claims against multiple contractors.
- Defense of an engineering team in connection with claims of processing plant design deficiency and delay from an owner seeking tens of millions of dollars in damages.
- Defense of a drilling contractor against a down-hole damage claim regarding measurement and installation of down-hole equipment allegedly damaged during the installation process.
- An international company in bringing defective construction claims against the contractor, designer, concrete company, subcontractors and inspectors related to a parking garage on a multi-family residential apartment project.
- Defense of an industrial service company in a lawsuit alleging failure to utilize proper materials in repair work for turnaround in a Baytown, Texas refinery causing tens of millions of dollars in actual and interruption damages.
- An owner of retail space in an insurance dispute involving actual cost/value of replacing lease space in the World Trade Center following the September 11, 2001 events.
- A petrochemical company in negotiations for damages under the liquidated damages provision of a licensing agreement from a large international developer of proprietary refining technology.
- ATP’s United Kingdom wholly owned subsidiary in one of the only prepackaged administration/restructuring under UK law as part of a sale of assets to Alpha Petroleum in proceedings in the UK, and in associated proceedings in the ATP case in the United States.
- Lead counsel for Bank of Montreal as a prepetition agent bank, involving a claim in excess of $80 million against an oil and gas production company, in In re CDX, Inc., in the United States Bankruptcy Court for the Southern District of Texas, Houston Division.
- Halliburton, an unsecured creditor and counterparty to multiple executor contracts with Global Geophysical Services, in the bankruptcy of a seismic oilfield services company in In re Autoseis, Inc., No. 14-20130, in the United States Bankruptcy Court, Southern District of Texas, Corpus Christi Division.
- Lead Counsel for Banco Nacional de Mexico, as largest secured lender, in a $4-5 million bankruptcy of a Golf Course and Real Estate Developer in In re Treasure Hills N.V., United States Bankruptcy Court, Southern District of Texas, Brownsville Division.
- Lead counsel for TriDimension, a first lien agent bank, in a bankruptcy in Northern District of Texas, Dallas Division.
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