FN-5428852 MN-5428852 LN-5428852, Esq.
Arbitrator, Credentialed Advanced Mediator (TMCA), Attorney
Houston, Texas
Harris Hoss PLLC – Member
Arbitrator, Credentialed Advanced Mediator (TMCA), Attorney
Member, Harris Hoss PLLC (fka F. Harris & Associates, PLLC), 2012-Present; Partner, Barry Conge Harris LLP, 2015-2019; Partner, Burleson LLP, 2014-2015; Partner, Buck | Keenan LLP, 2013-2014; Partner and Counsel, Sutherland Asbill & Brennan LLP, 2008-2011; Counsel, Morgan Lewis & Bockius LLP, 2007-2008; Partner, Kyle & Kyle LLP, 2006-2007; Senior Associate, Beck Redden & Secrest LLP, 1998-2006; Briefing Attorney, Chief Justice John Hill Cayce, Jr., 2nd Court of Appeals (Texas), 1997-1998; Intern, Justice Adele Hedges, 1st Court of Appeals (Texas), 1996.
Commercial litigation attorney. Approximately 80% of practice focus split between energy/energy services and related industries, including chemicals, engineering services, industrial monitoring, manufacturing, and marine. About 15% in healthcare, financial services, IT and managed security, ranching and equine breeding, pharmaceutical, and construction. The remainder of litigation practice involved consumer-related and non-profit representations.
Commercial & Energy:
Represented (i) entrepreneurs in trial alleging partnership formation and valuation of oil and gas assets owned by a private equity backed limited liability start-up; (ii) energy infrastructure company in dispute over payments for gas treatment equipment and gas treating services at well sites; (iii) natural gas provider in dispute alleging breach of a long-term natural gas sales contract; (iv) oil and gas company in royalty dispute alleging lease termination; (v) an energy performance contracting company in an equipment lease and financing dispute; (vi) an engineering services company in a declaratory judgment action concerning joint venture claims; (vii) landfill operations companies in partnership dispute involving leachate handling technology and methane gas sales; (viii) a global leader in welding and industrial fabrication in contract performance and collections dispute with specialty paint vendor; (ix) an industrial compliance services company in a dispute concerning licensing and distribution of leak detection technology; (x) non-franchise restaurant partners in operational dispute; (xi) partners in franchise restaurants in disputes involving commercial lease obligations, (xii) major retail outlet landlord in lease disputes with tenants; (xiii) a skilled nursing facility (landlord) against a former tenant in a trial involving a Medicare CHOW, transfer of operations, fraud and valuation of real estate and going concern healthcare operations.
Employment:
Represented (i) worldwide chemicals company and its president against claims of age discrimination and defamation; (ii) multiple companies and employees in claims alleging misappropriation of trade secrets, violations of non-competition, non-solicitation and confidentiality agreements, (iii) former executives in dispute over separation agreement involving common law and stock fraud claims; (iv) a closely-held marine company in an executive compensation and corporate governance dispute; (v) global engineering services firm against discrimination claims involving Texas, American, and Saudi labor laws; (vi) the former parent company of a marine services company in a Seaman's wage class action; (vii) international medical research fellow in an investigation concerning research integrity; (viii) closely-held company in dealing with day-to-day employment matters; (ix) executives in disputes involving employment agreements, including short-term incentive pay and long-term incentive pay (LTIP & STIP); (x) equine breeding ranch in dispute with former key employee involving theft, conversion, and breach of contract claims.
Consumer:
Represented (i) a credit services organization in lawsuits and arbitrations alleging violations of the Texas CSO Act; (ii) individuals in breach of contract, sworn account, and foreclosure claims; (iii) parties in DTPA, fraud, and contract claims involving online consumer transactions.
Commercial & Energy:
Represented (i) entrepreneurs in trial alleging partnership formation and valuation of oil and gas assets owned by a private equity backed limited liability start-up; (ii) energy infrastructure company in dispute over payments for gas treatment equipment and gas treating services at well sites; (iii) natural gas provider in dispute alleging breach of a long-term natural gas sales contract; (iv) oil and gas company in royalty dispute alleging lease termination; (v) an energy performance contracting company in an equipment lease and financing dispute; (vi) an engineering services company in a declaratory judgment action concerning joint venture claims; (vii) landfill operations companies in partnership dispute involving leachate handling technology and methane gas sales; (viii) a global leader in welding and industrial fabrication in contract performance and collections dispute with specialty paint vendor; (ix) an industrial compliance services company in a dispute concerning licensing and distribution of leak detection technology; (x) non-franchise restaurant partners in operational dispute; (xi) partners in franchise restaurants in disputes involving commercial lease obligations, (xii) major retail outlet landlord in lease disputes with tenants; (xiii) a skilled nursing facility (landlord) against a former tenant in a trial involving a Medicare CHOW, transfer of operations, fraud and valuation of real estate and going concern healthcare operations.
Employment:
Represented (i) worldwide chemicals company and its president against claims of age discrimination and defamation; (ii) multiple companies and employees in claims alleging misappropriation of trade secrets, violations of non-competition, non-solicitation and confidentiality agreements, (iii) former executives in dispute over separation agreement involving common law and stock fraud claims; (iv) a closely-held marine company in an executive compensation and corporate governance dispute; (v) global engineering services firm against discrimination claims involving Texas, American, and Saudi labor laws; (vi) the former parent company of a marine services company in a Seaman's wage class action; (vii) international medical research fellow in an investigation concerning research integrity; (viii) closely-held company in dealing with day-to-day employment matters; (ix) executives in disputes involving employment agreements, including short-term incentive pay and long-term incentive pay (LTIP & STIP); (x) equine breeding ranch in dispute with former key employee involving theft, conversion, and breach of contract claims.
Consumer:
Represented (i) a credit services organization in lawsuits and arbitrations alleging violations of the Texas CSO Act; (ii) individuals in breach of contract, sworn account, and foreclosure claims; (iii) parties in DTPA, fraud, and contract claims involving online consumer transactions.
Credentialed Advanced Mediator (Texas Mediator Credentialing Association)
Has mediated more than 150 disputes involving contract, collections & factoring, partnerships, business torts, commercial and residential landlord-tenant, personal injury, negligence, construction, premises liability, property rights (easements, quiet title, & partitions), employment, medical malpractice, community and homeowners’ association, first-party insurance and subrogation.
As an advocate, mediated approximately 23 cases involving contract, trade secret, and/or employment discrimination/harassment and wage class action; the formation of joint ventures/partnerships; and an oil and gas exploration 3D seismic project.
Has mediated more than 150 disputes involving contract, collections & factoring, partnerships, business torts, commercial and residential landlord-tenant, personal injury, negligence, construction, premises liability, property rights (easements, quiet title, & partitions), employment, medical malpractice, community and homeowners’ association, first-party insurance and subrogation.
As an advocate, mediated approximately 23 cases involving contract, trade secret, and/or employment discrimination/harassment and wage class action; the formation of joint ventures/partnerships; and an oil and gas exploration 3D seismic project.
Agency
Business disparagement
Collections – sworn account, factoring contracts, international trade (demurrage and detention claims)
Commercial premises liability
Community and homeowners’ association – Dues & covenant violations, specific performance, foreclosures
Construction - general contractors and sub-contractors (construction trust fund, prompt payment, performance, lien and warranty claims)
Construction - general contractors and owners (performance and warranty claims)
Constructive trusts
Consumer claims (online consumer sales, retail, automotive sales, warranty, and maintenance, healthcare, fitness, credit)
Contracts (equipment leases, vendor supply agreements, breach of warranty, employment)
Deceptive Trade Practices Act (consumer fraud and consumer warranty)
Executive compensation, employee severance, and Employee Stock Option Pool (ESOP)
Fiduciary duties
Fraud & negligent misrepresentation
Homeowners Associations (HOA) and Community Association (involving homeowners, property owners, and/or developer agreements)
Indemnity, contribution and proportionate liability, proportionate responsibility
Insurance contracts - first-party home insurance, subrogation, fraud, Texas Insurance Code
Limited liability & closely-held entity relationships – contractual and statutory rights and duties
Landlord-Tenant - commercial and residential lease agreements, eviction
Lost profits
Medical malpractice
Negligence and gross negligence
Partnership formation and dissolution (formal and oral), partnership valuation
Past, present and future medical, pain and suffering, emotional, non-economic damages
Personal injury
Probate, heirship, and trusts
Property rights - easements, quiet title, partitions (land and buildings), trespass
Property valuations and appraisals
Real estate sales agreements
Respondeat superior and vicarious liability
Sanctions and claims for attorneys fees
Supply chain transportation claims (shipping and trucking)
Tortious interference
Business disparagement
Collections – sworn account, factoring contracts, international trade (demurrage and detention claims)
Commercial premises liability
Community and homeowners’ association – Dues & covenant violations, specific performance, foreclosures
Construction - general contractors and sub-contractors (construction trust fund, prompt payment, performance, lien and warranty claims)
Construction - general contractors and owners (performance and warranty claims)
Constructive trusts
Consumer claims (online consumer sales, retail, automotive sales, warranty, and maintenance, healthcare, fitness, credit)
Contracts (equipment leases, vendor supply agreements, breach of warranty, employment)
Deceptive Trade Practices Act (consumer fraud and consumer warranty)
Executive compensation, employee severance, and Employee Stock Option Pool (ESOP)
Fiduciary duties
Fraud & negligent misrepresentation
Homeowners Associations (HOA) and Community Association (involving homeowners, property owners, and/or developer agreements)
Indemnity, contribution and proportionate liability, proportionate responsibility
Insurance contracts - first-party home insurance, subrogation, fraud, Texas Insurance Code
Limited liability & closely-held entity relationships – contractual and statutory rights and duties
Landlord-Tenant - commercial and residential lease agreements, eviction
Lost profits
Medical malpractice
Negligence and gross negligence
Partnership formation and dissolution (formal and oral), partnership valuation
Past, present and future medical, pain and suffering, emotional, non-economic damages
Personal injury
Probate, heirship, and trusts
Property rights - easements, quiet title, partitions (land and buildings), trespass
Property valuations and appraisals
Real estate sales agreements
Respondeat superior and vicarious liability
Sanctions and claims for attorneys fees
Supply chain transportation claims (shipping and trucking)
Tortious interference
I approach each mediation mindful of the mediator’s distinct role in helping parties better understand the conflict and their options for resolution. To that end, I request mediation summaries and other information from the parties on a confidential basis prior to the mediation session. I also schedule at least one pre-mediation phone call with counsel. During the mediation, I respect party autonomy and share my views on the respective parties’ positions as a neutral when requested or when it appears that it will assist the parties in evaluating risk and options for resolution. When the parties request and I reasonably believe it will facilitate resolution, I am willing to submit a confidential mediator’s proposal.
Proficient in Zoom technology for remote and hybrid hearings and mediations.
South Texas College of Law (JD, summa cum laude, class ranking #1, Articles Editor, South Texas Law Review, selected by peers "Outstanding Female Graduate"-1997)
Texas A&M University (BA, Journalism, cum laude-1992)
Texas A&M University (BA, Journalism, cum laude-1992)
Admitted to the Bar: Texas (1997); U.S. District Court: Southern (1999), Eastern (2000), Northern (2003), Western (2010) Districts of Texas; U.S. Court of Appeals: Fifth Circuit (2006).
State Bar of Texas (ADR & Construction Law Sections, Member); Advanced ADR CLE Planning Committee (2023-2024)
American Bar Association (Dispute Resolution & Litigation Sections, Member; Mediation Committee, Vice Chair (2023-2024) & 2022 Mediation Week Program, Chair; Early Dispute Resolution Committee, Co-Chair (2023-2024), Fellow (2023) & Member; Women in Dispute Resolution Committee, Member & Programs Subcommittee (2023))
Houston Bar Association (ADR Council, Chair-Elect (2023-2024), Member At-Large (2022-2023); Fee Dispute Committee, Co-Chair (2023-2024), Member (2022-2023); Professionalism Committee, Co-Chair (2022-2023), Member (2021-2024)); Bench Bar CLE Planning Committee (2023-2024)
Brazoria County Bar Association; Texas Mediator Credentialing Association (Credential Advanced Mediator); Association of Attorney Mediators; EDR Institute; Harris County Dispute Resolution Center (Board Member (2021-2023; 2023-2025); College of the State Bar of Texas; Texas Bar Foundation, Fellow; Association of Women Attorneys; Texas Comptroller Registry of Arbitrators (Property Tax Appraisal Appeals).
Caroline Center for Dispute Resolution (Houston) (Panelist, Mediator & Arbitrator).
American Bar Association (Dispute Resolution & Litigation Sections, Member; Mediation Committee, Vice Chair (2023-2024) & 2022 Mediation Week Program, Chair; Early Dispute Resolution Committee, Co-Chair (2023-2024), Fellow (2023) & Member; Women in Dispute Resolution Committee, Member & Programs Subcommittee (2023))
Houston Bar Association (ADR Council, Chair-Elect (2023-2024), Member At-Large (2022-2023); Fee Dispute Committee, Co-Chair (2023-2024), Member (2022-2023); Professionalism Committee, Co-Chair (2022-2023), Member (2021-2024)); Bench Bar CLE Planning Committee (2023-2024)
Brazoria County Bar Association; Texas Mediator Credentialing Association (Credential Advanced Mediator); Association of Attorney Mediators; EDR Institute; Harris County Dispute Resolution Center (Board Member (2021-2023; 2023-2025); College of the State Bar of Texas; Texas Bar Foundation, Fellow; Association of Women Attorneys; Texas Comptroller Registry of Arbitrators (Property Tax Appraisal Appeals).
Caroline Center for Dispute Resolution (Houston) (Panelist, Mediator & Arbitrator).
South Texas College of Law 40-Hour Mediation Training, Instructor on Early Dispute Resolution (January 2024)
Guest Lecturer on Early Dispute Resolution - South Texas College of Law Mediation Theory & Practice (November 2023)
"AI Advancements in Mediation & Law", Facilitated Commercial Track Discussion at the ABA 2023 Advanced Mediation and Advocacy Skills Institute (October 2023)
"Anatomy of an Energy Arbitration Claim: Notice through Award," Panelist, 2023 AAA Energy Conference: The State of Energy in Alternative Dispute Resolution (Houston, September 2023)
"EDR: Time Values in Dispute Resolution", presentation to the Cleveland Metropolitan Bar Association Meeting (October 2023)
"A Former Litigator's Perspective on Early Mediations," article published in Just Resolutions (the ABA Section of Dispute Resolution Magazine) (July 2023)
"Texas ADR Legislation & Mediator Ethics," Trainer for the Dispute Resolution Center (Harris County), 40-Hour Basic Mediation Training Program (May 2023)
"Advocacy, Mediation & Policy Panel," Panelist, Texas A&M University Career Center webinar hosted as part of Graduate Career Series (March 2023)
"Veteran Insights on Effective Strategies for Private Dispute Resolution," Moderator, HBA Litigation Section & ADR Section Joint CLE (November 2022)
"Winning from the Beginning," Program Chair and Moderator for the American Bar Association 2022 Mediation Week Program (October 2022)
"Previewing 2022 ABA Mediation Week: Winning from the Beginning," Interviewed by Resolutions: A Dispute Resolution Podcast (ABA Section of Dispute Resolution) (September 2022)
"The Three Rs for Conflict Management and Dispute Resolution," presentations to the Houston Northwest Bar Association and the Brazoria County Bar Association (August 2022)
Guest Lecturer on Early Dispute Resolution - South Texas College of Law Mediation Theory & Practice (November 2023)
"AI Advancements in Mediation & Law", Facilitated Commercial Track Discussion at the ABA 2023 Advanced Mediation and Advocacy Skills Institute (October 2023)
"Anatomy of an Energy Arbitration Claim: Notice through Award," Panelist, 2023 AAA Energy Conference: The State of Energy in Alternative Dispute Resolution (Houston, September 2023)
"EDR: Time Values in Dispute Resolution", presentation to the Cleveland Metropolitan Bar Association Meeting (October 2023)
"A Former Litigator's Perspective on Early Mediations," article published in Just Resolutions (the ABA Section of Dispute Resolution Magazine) (July 2023)
"Texas ADR Legislation & Mediator Ethics," Trainer for the Dispute Resolution Center (Harris County), 40-Hour Basic Mediation Training Program (May 2023)
"Advocacy, Mediation & Policy Panel," Panelist, Texas A&M University Career Center webinar hosted as part of Graduate Career Series (March 2023)
"Veteran Insights on Effective Strategies for Private Dispute Resolution," Moderator, HBA Litigation Section & ADR Section Joint CLE (November 2022)
"Winning from the Beginning," Program Chair and Moderator for the American Bar Association 2022 Mediation Week Program (October 2022)
"Previewing 2022 ABA Mediation Week: Winning from the Beginning," Interviewed by Resolutions: A Dispute Resolution Podcast (ABA Section of Dispute Resolution) (September 2022)
"The Three Rs for Conflict Management and Dispute Resolution," presentations to the Houston Northwest Bar Association and the Brazoria County Bar Association (August 2022)
$3,000 Per Day
English
United States of America
Houston, TX
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The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.