Land Murphy
Partner & Associate, Smyser Kaplan & Veselka LLP
Associate, Baker Botts LLP
Law Clerk to the Hon. Diarmuid F. O’Scannlain, United States Court of Appeals for the Ninth Circuit
J.D., summa cum laude, Pepperdine University
Microsoft Certified Systems Engineer
Certified Public Accountant
B.A., summa cum laude, University of Arkansas at Little Rock
Land is a smart, strategic, and relentless civil litigator. He loves finding the right solution for his clients, using his knack for quickly identifying a dispute’s key questions and then answering those questions efficiently. He thinks deeply, and he thinks ahead, about every step of his cases. He will never be outworked. If it’s important to his client, it’s important to Land.
Land devotes to his clients the same first-rate mind, dogged determination, and attention to detail that made him first in his law school class and the top scorer on the February 2007 Texas bar exam.
Land’s clients also benefit from his deep experience at every stage of civil litigation, from pre-suit dispute resolution, to critical pleadings and motions, to discovery and trial, and to final appeal. He has obtained outstanding results in jury trials, arbitrations, administrative proceedings, and appeals.
Land has substantial experience in all manner of business litigation, including trade-secret, non-compete, and energy-industry disputes. Before becoming a lawyer, Land earned a CPA license and worked as a business professional, making him especially capable of understanding his clients’ business and needs.
Praise for Land
Land is a "smart, tenacious" trial lawyer who "explains complex issues in an understandable way. He does a fantastic job." - Chambers
"Land is an outstanding, experienced and practical attorney" who is "extremely hard-working." - Chambers
Representative Matters
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Represents oil-and-gas service provider and its employees in declaratory-judgment action to invalidate non-compete provisions as unnecessary to protect any legitimate business interest, defeating former employer’s attempt to obtain temporary injunction prohibiting employees from working and overcoming former employer’s motion for summary judgment (Carty et al. v. Lufkin US Acquisition Co., LLC, No. CV60629 in Midland County district court)
Represented energy and commodities company in breach-of-contract litigation seeking recovery of more than $129 million in prepayments for services defendant never rendered, winning a $129 million judgment plus interest and costs at trial and–after six years of litigation and appeals–collecting more than $184 million for the client in satisfaction of the judgment (Vitol Americas Corp. v. Targa Channelview LLC, No. 2018-90859, in Harris County district court)
Represented energy and commodities company in breach-of-contract litigation with seller arising from force majeure declaration during Winter Storm Uri, defeating seller’s summary judgment attempt and securing settlement on eve of trial (Targa Gas Marketing LLC v. Vitol, Inc., No. 2021-21892 in Harris County district court)
Representing downhole tool manufacturer defending against breach-of-contract, breach-of-warranty, and products-liability claims arising after operator’s misuse and abuse of tool caused it to break (Killam Oil Co., Ltd. v. Drilformance LLC, et al., No. 2022-CVI-001768D2, in Webb County district court)
Representing major energy company seeking declaratory judgment that it did not breach contracts with counterparty concerning $600 million sale of oil and gas assets in Colorado and New Mexico, securing order compelling arbitration of defendant’s counterclaims (BP America Production Company v. SIMCOE LLC, No. 2022-02516 in Harris County district court)
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Represented commercial lender in adversary proceeding by bankruptcy trustee and debtor’s principal alleging breach of contract, fraud, unfair competition, quiet title, negligence, and usury in connection with a $3.6 million loan on which debtor defaulted, securing dismissal of trustee’s claims, summary judgment on principal’s claims, take-nothing judgment in favor of lender, and dismissal of principal’s appeal to the 9th Circuit (Hoskins v. Pender Capital, Inc. et al (In re Theos Fedro Holdings, LLC), Adv. Proceeding 21-30202 in the United States Bankruptcy Court for the Northern District of California)
Represented bankruptcy trustee in adversary proceeding arising out of MDC Energy’s bankruptcy, prevailing at trial on breach-of-fiduciary-duty and fraudulent-transfer claims against former CEO and his affiliates and securing $8.5 million judgment against CEO and $17.6 million judgment against his affiliate (RPA Asset Mgmt. Servs., LLC v. Siffin et al (In re MTE Holdings LLC et al.), Adv. Proceeding No. 21-51255 (CTG) in the United States Bankruptcy Court for the District of Delaware)
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Represented medical-device manufacturer bringing breach-of-contract and fraud claims against distributor, securing settlement before trial (Vivorte, Inc. v. Acumed LLC, C.A. No. N22C-04-077 EMD CCLD in the Superior Court of the State of Delaware)
Represented real-estate developer bringing breach-of-contract, fraud, and Texas Theft Liability Act claims arising from defendant’s breach of settlement agreement related to failed development, winning jury trial and securing final judgment of $6.48 million for developer (Southbrook Development Corp. v. Kennedy et al., No. 14-12-13281 in Montgomery County district court)
BPX Operating v. Crimson Exporation. Won jury verdict and $3.3 million judgment for operator in dispute over unpaid joint interest billings. Affirmed on appeal.
Vitol America v. Targa Channelview. Won $158 million judgment in dismissal of felony Outer Continental Shelf Lands Act charges against client offshore contractor based on offshore rig explosion in Gulf of Mexico. Affirmed by the Fifth Circuit. United States v. Moss, 872 F.3d 304 (5th Cir. 2017). Secured favorable settlement on misdemeanor charges.
Southbrook Development v. Diversified Site-Work. Secured jury verdict and $6.48 million judgment for property owner client in case about theft of property and breach of a settlement agreement.
Successfully defeated request for judicially created non-compete after 5-day temporary injunction hearing for artificial lift company client.
Stroud Production v. Hosford. Defended exploration and production company in case alleging intentional washout of overriding royalty interest, securing reversal of jury verdict in court of appeals.
Green Bank v. Petrohawk. Defeated summary judgment on claim for second payment of oilfield vendor’s invoices based on factoring agreement with bank, resulting in dismissal of suit.
Secured anti-SLAPP dismissal of defamation and business disparagement suit against finance executive who publicized collusion settlement between plaintiff and Texas attorney general.
Noteworthy
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500 Leading Litigators in America by Lawdragon
“Litigation Star” by Benchmark Litigation
“Super Lawyer” by Thomson Reuters
“Rising Star” by Thomson Reuters Super Lawyers
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State Bars of Texas, Arkansas, and California
United States Court of Appeals for the Fifth Circuit
United States District Courts for the Eastern, Northern, Southern, and Western Districts of Texas
United States District Court for Western District of Arkansas
United States District Court for Colorado
United States District Courts for the Central, Norther, and Southern District of California
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Rick Houghton & Garland “Land” Murphy, Jurisdictional Discovery, The Advocate, Winter 2021, Vol. 97
1001 Fannin Street, Suite 720, Houston, TX 77002
650 Poydras Street, Suite 1400, New Orleans, LA 70130