Stewart, Mary

Heather is an experienced litigator whose practice focuses on handling and resolving business and financial litigation.  She has represented clients at trial and in arbitration, and also has handled appeals.  Prior to joining the firm in 2011, Heather was Counsel at the law firm of Bingham McCutchen LLP.  She is licensed to practice in both Texas and California.  From 2008 through 2011, Heather was recognized as a Southern California Rising Star by Super Lawyers magazine (a Thomson Reuters service).

Heather grew up in Katy and began her legal career in 1999.  She graduated magna cum laude and Phi Beta Kappa from Rice University with a Bachelor of Arts degree in 1996, and graduated from the University of Southern California Law School in 1999, where she was Order of the Coif, served as a Senior Editor for the Southern California Law Review, and received an academic scholarship.  During law school, Heather placed Second Place All-Around Oral Argument in the Philip C. Jessup International Law Moot Court Competition, and authored Enabling the Mentally Disabled Employee:  Binding Arbitration Under the ADA, Southern Cal. L. Rev. 72:2-3.

COMMERCIAL/BUSINESS LITIGATION

Second-chaired jury trial defending million dollar partnership dispute involving claims of breach of contract, fraud and breach of fiduciary duty.

Defended companies against allegations of breach of a joint venture and misappropriation of confidential information, leading to dismissal at the pleading stage of $1 billion claim against clients.

Defended publicly traded company on $27 million lost profit and unfair competition claims, leading to dismissal at the pleading stage of all claims against client.

FINANCIAL SERVICES LITIGATION

Represented issuers and underwriters of mortgage-backed securities against allegations of securities fraud.
 
Representation of numerous brokerage firms and brokers in arbitration matters before FINRA, NASD and the Pacific Exchange, involving alleged sales practice violations, securities fraud, and employment disputes.
 
Represented brokerage firm in pursuing claim against former COO for breach of a settlement agreement that prohibited slander, the initiation of released claims and the maintenance of company property, leading to arbitration award in favor of client.

Represented investment firms against claims brought by former senior executive alleging breach of partnership agreement, fraud and breach of fiduciary duty.

Represented brokerage firm in raiding cases involving claims of trade secrets theft, restraining order and injunction practice.

Represented broker-dealer client in defeating attempt by a second broker-dealer to enjoin arbitration pending resolution of underlying dispute between client and former customer.

Defended financial institution serving as REMIC trustee against claims brought for alleged failure to distribute residual funds.

OIL & GAS LITIGATION

Defending oil and gas companies against claims of breach of operating agreements and lease arising from adversary’s past operations in Louisiana field.
 
REAL ESTATE LITIGATION

Defended two companies in real estate investment dispute involving affordable housing tax credits, leading to dismissal at pleading stage of all claims brought against those companies.

Represented real estate developer against allegations of breach of limited partnership agreement and guaranty.

EMPLOYMENT LITIGATION

Defended company and its employee against claims brought by former employee for alleged sexual assault and battery and negligent hiring, supervision and retention.