Practice Areas

Our practice areas include:

Business Litigation

Atwood Gameros understands that successfully running a business requires adroitly managing risks and resolving disputes. The same principles apply whether addressing financial disputes between family members or multi-national corporations. While taking every dispute that arises to trial is unrealistic and ineffective, we believe that the strength of a client’s bargaining position is directly related to how the adversary views the quality of the attorneys representing the client and the ability of those attorneys to take a case to trial if necessary. We begin each representation by working with a client to develop a full understanding of that client’s objectives. By understanding the objectives, we can bring a focused approach that allows for cost-effective representation.

Tesoro pursues insurance recovery for losses arising from pollution conditions at refinery -
represented Tesoro in litigation to recover losses arising from pollution conditions at a refinery under Pollution Legal Liability Select Insurance Policy

Pepsi Bottling Group settles dispute during acquisition of Better Beverages -
represented The Pepsi Bottling Group, Inc. in connection with a dispute over the acquisition of Better Beverages

Hospital in billing and management dispute -
represented a hospital in a dispute with former third-party billing and management companies related to alleged improprieties by those companies

Merritt, Hawkins & Associates arbitrates software development contract dispute against developer
- represented Merritt, Hawkins & Associates, as software purchaser, in an arbitration dispute against the developer involving a software development contract

Homecomings Financial negotiates pre-suit settlement of software development contract -
represented Homecomings Financial, a GMAC company, as a software purchaser and negotiated a pre-suit settlement of a software development contract

Kay MacKay negotiates settlement of breach of contract and misappropriation of trade secret action -
on behalf of Kay MacKay, Jones Day negotiated the settlement of breach of contract and misappropriation of trade secret claims relating to aluminum bats following a preliminary injunction hearing and on the eve of trial

TRW wins summary judgment in antitrust action brought by credit repair clinic -
obtained summary judgment for client TRW Inc. in an antitrust action brought by a credit repair clinic

Excess insurer sues primary insurer over contaminated housing development –
Represented an excess insurance carrier in a suit against the primary carrier after the excess carrier dropped down and paid claims related to ground water contamination of a neighborhood bordering a toxic waste disposal site

Bank group defends claims related to processing embezzled checks –
obtained summary judgment for a group of banks that had processed embezzled checks

Construction

As a first year lawyer, Roy Atwood had the opportunity to be a member of a trial team that conducted a four month trial over issues stemming from the construction of the South Texas Nuclear Power Plant – a $5.5 billion project. From that point on, construction litigation has always been an area of special interest to him and he has had the privilege of working on numerous construction-related litigation matters over the years. Of course, the goal of any construction project is not to spend years in court, but to successfully complete the project. Atwood Gameros can assist with contract drafting and review and with dispute assessment to help clients either avoid disputes or find the most cost-effective resolution of those that arise. Should successful resolution require arbitration or trial, Atwood Gameros is prepared there as well.

Bridgestone defends against action involving failure of Louisiana Superdome roof during Hurricane Katrina -
represented BFS Diversified Products, LLC in connection with a suit brought by the State of Louisiana and the Louisiana Stadium & Exposition District as a result of the failure of the roof of the Louisiana Superdome during Hurricane Katrina

Vetrotex CertainTeed defends against arbitration brought by electrical contractor -
represented Vetrotex CertainTeed Corporation in an arbitration brought by an electrical contractor

City of Austin challenges cost overruns on nuclear power plant construction -
represented the City of Austin in a suit, which culminated in a four and a half month jury trial, over cost overruns in the construction of the South Texas Nuclear Project power plant

Anatole Partners achieves substantial settlement in action for faulty design and construction of hotel masonry -
represented Anatole Partners, LP, the owner, in claims against design professionals and contractors for faulty design and construction of the hotel's masonry system, resulting in a substantial settlement payment to the owner

Product Liability Litigation

Atwood Gameros has deep experience in the defense of products with respect to claims of design, manufacturing and marketing defects. We believe that by developing a thorough understanding of the product involved and working closely with key company and outside experts, we can efficiently and effectively defend claims against any product. For over a decade, Roy and Kathryn have served as national coordinating counsel for a manufacturer of respiratory protection products. We understand that when multijurisdictional claims are a reality or even a possibility, a firm and consistent approach is required.

Kaiser Aluminum defends against action involving fatal fire -
represented Kaiser Aluminum Corporation & Kaiser Aluminum in connection with claims stemming from a fatal fire in a duplex that contained aluminum wiring

ATC resolves action against Wood Group resulting from failure of submersible water pumps in Saudi Arabia -
represented A. Abunayyan Trading Company (ATC) in claims against Wood Group ESP stemming from the failure of submersible water pumps installed in water production projects in Saudi Arabia

Textron and Bell Helicopter successfully defend against claims brought by two workers alleging cadmium exposure -
successfully represented Textron, Inc. and its Bell Helicopter subsidiary in connection with claims filed by two workers alleging exposure to cadmium while repairing helicopters at the Corpus Christi Army Depot

Westinghouse Electric prevails in product liability suit involving high voltage circuit breaker -
successfully defended Westinghouse Electric Corporation in a $6 million product liability suit involving an extra high voltage circuit breaker

State & Local Taxation Disputes

Roy Atwood has had the opportunity to work with tax professionals in litigating state and local tax disputes. While very similar to business litigation in the way clients analyze the issues, tax disputes have their own unique jargon and legal concepts. Roy is a firm believer that the presentation of any tax dispute to a decision maker – from administrative law judge to federal court – benefits from the involvement of an experienced trial lawyer who not only knows how to try cases, but understands the underlying tax issues as well.

Toxic Tort Litigation

Partly as a result of their work as national coordinating counsel for a manufacturer of respiratory protection products, Roy Atwood and Kathryn Gameros have been very involved in defending clients from toxic tort claims. Roy and Kathryn were intimately involved in the hearing conducted by Judge Janis Jack in federal court in Corpus Christi that led to her famous order wherein she stated the diagnoses in the silicosis cases before her were “driven by neither health nor justice” but rather were “manufactured for money.” Of course, not every toxic tort case lacks foundation to the same extent as those before Judge Jack. Roy and Kathryn have defended claims involving exposure to cadmium, beryllium, asbestos, benzene and other contaminants.

Specialty Products and Bondex International seek bankruptcy protection -
represented Specialty Products Holding Corp. and Bondex International, Inc. in connection with valuing asbestos liabilities in their chapter 11 cases, which were commenced in the United States Bankruptcy Court for the District of Delaware on May 31, 2010

Textron successfully defends respirator product liability claims -
successfully defended respirator manufacturer Textron, Inc. in product liability litigation brought by over 50 plaintiffs who had worked at diatomaceous earth mines in Lompoc, California

Brush Wellman wins complete defense verdict in beryllium exposure action by workers at Rocky Flats Nuclear Weapons Facility -
successfully defended Brush Wellman Inc. from beryllium exposure claims filed by workers at the Rocky Flats Nuclear Weapons Facility in Golden, Colorado

U.S. Silica wins defense verdict in silicosis case -
successfully defended U.S. Silica Company against silica exposure claims filed by workers at Tyler Pipe, obtaining a defense jury verdict

Special Education Law

Roy Atwood is passionate about providing opportunities for people with special needs. As the father of a child with Downs syndrome, he has first-hand experience dealing with the education of children with disabilities. He recognizes that the process can be overwhelming for parents as those familiar with the process speak in acronyms like "ARD," "IEP," and "FAPE." Yet it is critical that parents and school districts work together with the common goal of doing what is best for each individual child with special needs. Roy is prepared to assist at any step in the process, from creation of the Individualized Education Program, to placement in the least restrictive environment, due process hearings, and court appeals. Roy will assist with behind the scenes counseling or provide direct representation.