T. Ray Guy

The Best Lawyers in America®: Commercial Litigation, 2006-2024, Litigation – Banking and Finance, 2011-2024, “Lawyer of the Year”, 2019; Litigation – Securities, 2011-2024, “Lawyer of the Year,” 2015, 2017

Won landmark holding from the Texas Supreme Court that a Texas bank did not owe a duty of good faith and fair dealing in a commercial lending transaction.  See FDIC v. Coleman, 795 S.W.2d 706 (Tex. 1990).

Member of trial team that successfully defended, at trial, a multi-billion-dollar fraudulent transfer suit arising out of a spinoff transaction.

Represented the Federal Deposit Insurance Corporation in multiple bank-failure-related lawsuits and appeals.

Obtained two separate multi-million-dollar purchase price adjustments arising out of sponsor client’s purchase of portfolio companies.

Led prosecution and defense of multiple suits and arbitrations on behalf of private equity sponsors’ portfolio companies.

Won, after trial in the Court of Chancery of Delaware, a judgment (affirmed on appeal) denying a shareholder’s demand for client’s books and records under Section 220 of the Delaware General Corporation Law.

Won, after trial in Texas state court, a judgment overturning a $750 million Texas statutory assessment against paging companies as violative of state constitution.

Prevailed on summary judgment dismissing a partner’s $80 million claim against limited partnership, including affirmance on appeal.

Represented a Texas District Judge in litigation against her former employer, the City of Dallas, including successful appeals through the Supreme Court of Texas.

Successfully opposed motion for class certification, in a case asserting $24 billion in damages against bank defendant, in federal court.

Defeated motion for class certification in a “vanishing premium” case against life insurer in state court in Texas.

Defeated motion for class certification sought by customers of paging company in California Superior Court; thereafter defeated motion for Section 17200 representative status in a separate suit in another California Superior Court.

Argued to a panel of the Delaware Supreme Court, and thereafter the en banc Court, winning affirmation of the Court of Chancery’s judgment—won at trial—denying a books and records demand under Section 220 of the Delaware General Corporation Law. Highland Select Equity Fund, L.P.. v. Motient Corp., No. 355-2006 (Del. 2007) (audio of en banc argument, beginning at 18:05).

Obtained reversal, after briefing and argument before the Fifth Circuit Court of Appeals, of a United States District Court ruling that would have imperiled the FDIC’s recovery on hundreds of millions of dollars in guaranties owed to a failed bank.

Obtained reversal, after court appointment by and briefing and argument before the Fifth Circuit Court of Appeals, of an indigent defendant’s conviction.

Briefed and argued to, and won reversal from, the Texas Supreme Court of a lower court ruling imposing a duty of good faith and fair dealing on a bank in a commercial lending transaction, obtaining a holding that no such duty was owed in Texas.

Briefed and argued dozens of other appeals and mandamus proceedings before Texas appellate courts and the United States Courts of Appeals for the Fourth and Fifth Circuits.

Won on behalf of a United States seed producer, after two contested evidentiary hearings before an arbitration panel in Geneva, an award dismissing a 100 million euro claim by the client’s distributor in Greece.

Won, on behalf of trustees of a charitable foundation, award in a FINRA arbitration denying a co-trustee’s claims for control over foundation’s grants.

Obtained favorable settlement of a dispute involving a third party’s attempted access to client’s proprietary software installed on mutual customers’ systems, following contested evidentiary hearings before the panel.

Won, on behalf of the former majority owner of a National Hockey League franchise, an arbitration before the NHL Commissioner against a former minority owner.

Won several court orders compelling arbitration over opponents’ objections and confirming awards obtained in arbitration.

Represented clients in multiple other arbitrations.

Arbitrator, Commercial Arbitration Panel, American Arbitration Association.