Ryan Higgins

Rusty Hardin & Associates, LLP
1401 McKinney Street
Houston, TX 77010
(713) 652-9000
www.rustyhardin.com


Introduction

Ryan Higgins is a skilled courtroom lawyer and negotiator. He has spent more than 15 years successfully litigating complex business disputes from the East Coast to the Gulf Coast, representing clients from a wide range of industries. At Rusty Hardin & Associates, he's represented oil companies, investment banks, a casino, and individuals in contract and other disputes.
Ryan's clients are both plaintiffs and defendants, including Smith Energy Co., Las Vegas Sands Corp., and the Arthur Andersen accounting firm. His work includes breach of contract, partnership disputes, breach of fiduciary duty, antitrust, fraud, fraudulent transfer claims, and securities class actions.

Early in his career, Ryan spent six years with a large New York City-based firm, Boies, Schiller & Flexner LLP, focusing on complex commercial litigation. As Rusty Hardin puts it, "Ryan enjoyed an incredibly diversified litigation practice with outstanding lawyers, primarily representing corporations and groups of individuals in complex commercial matters and antitrust litigation in New York and throughout the country." He assisted the renowned lawyer, David Boies, in reaching a successful outcome for clients in a three-month trial that settled a crucial legal question arising from the Sept. 11, 2001, attacks on the World Trade Center

A native Texan from the Dallas area, Ryan joined Rusty Hardin & Associates in 2005. He appreciates the unique outlook of the firm. "This firm is different in a number of ways," he says. "First, we don't use a cookie-cutter approach to the cases that come in. Second, we don't bring in anybody who doesn't have prior experience as a lawyer from another firm. I think this breadth of perspectives provides guidance to the client and leads to a better result."

Representative Cases

Representative Cases at Rusty Hardin & Associates:
Represented exploration and production company in confidential arbitration before a tribunal related to a private equity firm's contract with the E&P company over a $1 billion transaction.

Successfully represented real estate development firm in connection with litigation against its partner in cases in New York Supreme Court in the Commercial Division and in Texas.

Won $8.5 million jury verdict and judgment in West Texas for Houston-based Smith Energy Co. in a breach of contract, fraud and breach of fiduciary duty suit against a working interest partner in the development of oil and gas interests.

After two-week trial in New Jersey federal court, a favorable settlement was reached for more than 50 plaintiffs from the U.S. and Europe in their breach of contract and fraud suit against a Fortune 100 company.

Represented defendant Las Vegas Sands Corp., the owner of the Venetian Resort Hotel Casino, in a jury trial involving a dispute over a finder's fee as it related to the casino's operations in Macau, China. Las Vegas Sands prevailed on appeal when Nevada Supreme Court reversed the trial verdict for plaintiff.

Achieved successful mediation outcome on behalf of Trigeant Ltd., owner of an asphalt refinery in Corpus Christi, Texas, against allegations that the company acquired the refinery through a fraudulent transfer. Replaced lead trial counsel of six years just three months before case was set for trial.

Member of legal team that represented accounting firm Arthur Andersen in securities class actions and in numerous civil suits as part of the multidistrict litigation based in Houston and related to the financial collapse of Enron Corp.

Represented lawyer in Texas jury trial in his contract claim against Houston-based oil companies. Verdict for plaintiff was remanded by Texas Supreme Court and is being reheard by trial court.

Achieved favorable settlement for client six months after suit was filed against Houston funding company for fraud related to purchase of a manufacturing company.

Represented Morgan Joseph TriArtisan investment bank in New York and Texas contract dispute pending in New York over failure to pay investment banking fee. Confidential settlement reached.

Successfully represented energy trader against antitrust and market manipulation allegations in both civil and criminal cases in New York, Chicago and Houston federal courts. No charges, fines, or civil judgments were found against the trader.

Achieved favorable settlement for shipping company in alleged fraudulent transfer case in Houston.

Representative Cases at Boies, Schiller & Flexner LLP, New York:

World Trade Center Litigation: Worked directly with David Boies in this three-month jury trial over whether the Sept. 11, 2001, attacks were one "occurrence" or two.

Calvin Klein v. Warnaco: Part of trial team with David Boies in licensing dispute.

In re Terazosin Hydrochloride Antitrust Litigation: Led on argument of motions in U.S. District Court for the Southern District of Florida in an antitrust matter which was part of an MDL proceeding.

United States v. Microsoft: Interviewed employees, assisted in preparing witnesses and drafted portions of a Tunney Act filing objecting to the settlement between Microsoft and Department of Justice.

Represented a group of individuals against a brand name prescription drug manufacturer for violation of antitrust laws in cases pending in Florida and New York.

Part of team advising manufacturing company on litigation options as a result of a failed merger in the European Union.

Defended a telecommunications company in an antitrust case pending in Fort Worth and San Antonio. Confidential settlement reached.

Part of a team representing American Express in an antitrust case against Visa and MasterCard in which the client obtained a $4 billion settlement.

Represented fiction author in litigation against a publisher in a federal case in California in a breach of contract case. Favorable verdict for author.

Represented independent pharmacies in multi-district antitrust litigation against prescription drug manufacturers. Resulted in multiple confidential settlements.

Education

Southern Methodist University Dedman School of Law, JD, 1998
SMU International Law Review, Articles Editor
Eckerd College, BA, Business Management, 1992

Honors

Texas Rising Stars list, 2006-2011, Thomson Reuters

Court Admissions

Southern, Northern and Western districts of Texas
Southern, Eastern and Western districts of New York

Professional Memberships

State Bar of Texas
State Bar of  New YorkFellow, Texas Bar Foundation

Rusty Hardin's Comments About Ryan

Ryan grew up outside of Dallas. After law school Ryan joined the law firm of Boies, Schiller & Flexner LLP in New York City.

While in New York, Ryan enjoyed an incredibly diversified litigation practice with outstanding lawyers, primarily representing corporations and groups of individuals in complex commercial matters and antitrust litigation in New York and throughout the country. Prior to joining us, Ryan was on the trial team assisting David Boies in a successfully-concluded three-month jury trial in the Southern District of New York regarding whether the tragedy on September 11, 2001 was one occurrence or two.

Ryan joined the firm in February 2005. His experience includes trials and litigation across various industries in Texas and elsewhere. Since joining the firm some of Ryan's representative cases include:

Federal jury trial in New Jersey representing clients from across the United States and Europe in contract disputes.
Representing an investment bank in cases pending in New York and Houston.
Civil jury trial in Las Vegas representing a Las Vegas casino in connection with the casino's Macau operations.
Led an internal investigation of an Asian manufacturing company after a government raid which resulted in no indictment, fine or other action against the company.
Representing plaintiffs at trial in energy company commercial disputes and trade secret disputes.

Ryan's wife Laura works for a nonprofit hospital for children.