Contact Information

Email:  wlotz@fulkersonlotz.com
Phone: 713.654.5830
Fax:    713.654.5801
Download vCard

Professional Biography

  • Fulkerson Lotz LLP
    • Partner, 2010-present
  • Wilson Fulkerson LLP; Law Offices of Tom Fulkerson
    • Associate, 2006-2009
  • Baker Botts LLP
    • Associate, 2004-2005

Wes is a trial lawyer who represents clients in business litigation and arbitration.  Most of his cases involve claims for breach of contract, fraud, fiduciary duty, theft of trade secrets, non-compete, partnership disputes, deceptive trade practices, patent, trademark, and copyright infringement, interference with contract, breach of warranty, negligence, shareholder oppression, employment discrimination, securities litigation, financial advisory disputes, or bankruptcy litigation.

Wes has represented clients ranging from Mobil Natural Gas, Inc., Gyrodata, Oracle, FMC Technologies, Total Separation Solutions, ABC Assembly, Terves, and Cheetah Gas Co. to business owners, senior executives, and individuals.  Wes helps clients through all stages of litigation, from evaluating claims, filing claims, discovery, motion practice, trial, and on appeal.

Wes also advises clients on employment disputes, severance agreements, non-compete agreements, confidentiality agreements, protection of intellectual property, and best practices.

Education

Baylor Law School, J.D., 2004, Waco, Texas

  • Summa Cum Laude (graduated second in his class)
  • Leon Jaworski Scholarship for Outstanding Advocates
  • Senior Executive Editor, Baylor Law Review
  • Baylor Mock Trial Team
  • Baylor Moot Court Team
  • Order of the Barristers

Wake Forest University, B.A., 2001, Winston-Salem, North Carolina

  • Magna Cum Laude
  • Presidential Scholarship for Distinguished Achievement
  • Wake Forest Debate Team
  • Second Speaker and Top Seed at National Debate Tournament

Admissions to Practice

  • State of Texas
  • United States District Court for the Southern District of Texas
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Western District of Texas
  • United States Court of Appeals for the Fifth Circuit
  • Supreme Court of the United States

Professional Organizations

  • State Bar of Texas
  • Houston Bar Association
  • American Bar Association
  • Houston Young Lawyers Association
  • Texas Young Lawyers Association
  • Baylor Law Alumni Association
  • HBA Lawyers Against Waste Committee, Co-Chair, 2015
  • HBA Speakers Bureau Committee, 2016 – 2017

Awards and Publications

  • Houston Business Journal – “40 Under 40 Award” (2014) – read it here.
  • H Texas Magazine “Houston’s Top Lawyers” in Business & Civil Litigation (2014 and 2015) – read it here.
  • “Top Lawyer” in Houstonia Magazine‘s Top Lawyers (2016)
  • AV-Pre-Eminent Rating, by Martindale Hubbell Peer Review
  • Super Lawyers® – Texas Rising Stars 2008, 2009, and 2017 a Thomson Reuters service
  • What the Law Giveth the Law Taketh Away, Securities Litigation and the Jury of the 21st Century, Voir Dire Magazine, a publication of The American Board of Trial Advocates (Summer 2004) – read it here.
  • “Smart Apps for the Mobile Texas Lawyer.” HBA Law Practice Management Section. December 3, 2015. – read it here.
  • Good Habits and Bad Habits: The Recycling of Competitive Debaters into Trial Lawyers, University of Houston Law Review (2013) – read it here.

Personal Biography

Wes is a native of Houston, Texas. After graduating from Memorial High School, he attended college at Wake Forest University. Wes was a Presidential Scholar and a nationally-ranked college debater. He was named the second best speaker and top-seed at the National Debate Tournament.

Wes returned home to Texas for law school. He graduated second in his class at Baylor Law School. Wes was awarded the Leon Jaworski Scholarship, competed on Baylor’s national mock trial and moot court teams, and served as the Senior Executive Editor of the law review.

Wes co-founded Fulkerson Lotz LLP in 2010, after starting his legal career at Baker Botts LLP. Wes was recently recognized for his leadership and service to the community by the Houston Business Journal as one of “40 under 40” young professionals.

When he is not in the courtroom, Wes enjoys playing basketball, traveling internationally, volunteering in the community, and spending time with his wife Kristin.

Quest v. Cokebusters (2014-2016). We represent Cokebusters in defense of a patent infringement action brought by Quest.  The case relates to inspection services and technology in the oil refining industry.

APS v. Terves (2015) Lead counsel for materials science company that produces materials used in the oil and gas industry.  We obtained complete dismissal of claims for theft of trade secrets within one month of filing.

ABC v. MNI (2014-2016).  Lead counsel for electronic manufacturing services provider assembling custom circuit boards.

Longnecker v. Henke (2015).  Lead counsel in defense of non-compete and non-solicitation claims.  The claims were dismissed as part of a negotiated settlement within less than one month.

DF Vimarc, Inc. v. Vimarc, Inc., et al (2015).  We represented the exclusive distributor of an industrial motor in suit against manufacturer for breach of contract and misrepresentations.  Client achieved a confidential settlement during trial.

Pete Altimore, et al vs. USCA Securities, LLC, US Capital Advisors LLC and USCA RIA, LLC (2013-2014).  We represented 19 retired Exxon Mobil employees in claims for mismanagement of their retirement savings account by their financial advisor.  After a seven day FINRA arbitration hearing, the arbitration panel ruled in favor of the Claimants.

Caseta Sellers v. Telvent (2011-2013). We obtained a $9.2 million arbitration award (net of fees) for our clients in connection with the sale of an electronic tolling business to a Spanish conglomerate. See Award

Gyrodata Inc. v. Atlantic Inertial Systems, et al. (2008-2012). We represented Gyrodata in litigation regarding the development, sale and delivery of gyroscopes used in the oilfield. Following extensive discovery and summary judgment briefing, the claims were settled in an agreement that requires confidentiality as to the result obtained. See Second Amended Complaint

Petrello v. Prucka, et al. (2010-2014). We represented the Pruckas in defense of discrimination claims by their neighbor, Anthony Petrello, related to the sale of an $8.3-million home. The federal claims were dismissed in 2011, and our clients were awarded attorneys’ fees. The dismissal was affirmed on appeal in 2012 and the US Supreme Court denied certiorari in 2013. After the claims were re-filed in state court, we obtained summary judgment in favor of the Pruckas and an additional award of fees and costs. See 5th Circuit Opinion. See Court of Appeals Decision.

Cheetah Gas Co., Ltd. v. Chesapeake Louisiana, L.P., et al.(2008-2009). We represented Cheetah in the prosecution of a claim for breach of agreements to purchase oil and gas leases in the Haynesville Shale. Within eight months of filing suit, we resolved the case in an agreement that requires confidentiality as to the result obtained. See Complaint

Gyrodata v. Aleman (2012-2013).  We represented Gyrodata in claims for breach of contract and unlawful removal of oilfield equipment leased for down-hole services. We obtained summary judgment, a declaratory judgment confirming Gyrodata’s ownership of the equipment, plus an award of damages, attorney fees, and interest.

FMC Technologies, Inc. v. Frac Tech Services, Ltd. (2010-2012). We represented FMC Technologies, Inc. in a dispute over well service pumps. We tried the case in March 2011, obtaining a unanimous verdict in favor of FMCTI and against all counterclaims. The matter settled on terms requiring confidentiality as to the amount and terms of settlement. See judgment

Total Separation Solutions, LLC v. Frick, et al. (2007-2009). We represented Total Separation Solutions, LLC in claims for trade secret misappropriation, breach of contract, fraud and breach of fiduciary duty. We obtained a temporary injunction in March 2007 and tried the case in June 2009. The jury returned a verdict in favor of our client. The case settled after trial but before entry of judgment. See Verdict.

KS2 Technologies, Inc. v. Design Tech Homes, LP v. Oracle Corporation, et al. (2009-2010). We represented Oracle in a lawsuit over implementation of enterprise management software. We obtained a voluntary non-suit of the claims against Oracle within 45 days based on the forum selection clause of the contract. The claims were ultimately dismissed with prejudice pursuant to a confidential settlement agreement.

Dell v. R.A. Miller (2013).  We defended a former sales manager against claims for forfeiture of stock awards. The case involved a dispute over post-employment restrictions regarding solicitation of employees.  We resolved the case before the filing of litigation.

Jambalaya Holdings, Inc. v. Johnson, et al (2012-2013).  We represented a small business in claims for breach of fiduciary duty and fraud against a former director. We obtained an agreed judgment in favor of Jambalaya.

Scientific Drilling International, Inc., et al. v. Gyrodata Inc. (2006-2009). We represented Gyrodata, a leader in gyroscopic wellbore surveying, as the defendant and counter-plaintiff in complex, multimillion-dollar patent infringement litigation. We resolved the case after summary judgment briefing in an agreement that requires confidentiality as to the result obtained. See Answer and Counter-Claims

Byerlotzer v. Key Energy Services, Inc. (2008-2009). We represented Jim Byerlotzer, the retired Chief Operating Officer of Key Energy, in claims for breach of his employment agreement and for causing his stock options to expire during a lengthy restatement by the company. The matter was resolved in a settlement agreement that requires confidentiality as to its terms. See Complaint

Eustace v. Key Energy Services, Inc. (2005-2007). We represented Joe Eustace, the former Group Vice President of Key Energy, in claims for breach of employment and stock option agreements. The case was tried to a jury in April 2007. The jury found in favor of Mr. Eustace, and we obtained a final judgment awarding severance payments and attorneys’ fees. See Court of Appeals Opinion

Thuesen, et al. v. Gupta, et al. (2007-2009). We represented Mike Lynn, the Chief Information Officer of an internet advertising firm, in defense of a $7-million claim for breach of fiduciary duty and fraud by former owners who sold their shares in the company. We resolved the case in a confidential settlement agreement.

DQ Holdings, LLC v. Microcosm, Inc. (2009). We enforced a settlement agreement relating to compressed natural gas technology. We obtained an order compelling arbitration and a ruling deducting attorneys’ fees and arbitration fees incurred to enforce the agreement.

Peterson v. Houston Petroleum Company (2010-2011). We represented a petroleum geologist and geophysicist in bankruptcy litigation for deferred compensation and royalties. After a bench trial and briefing in bankruptcy court, Mr. Peterson’s claim was allowed in the amount of $150,000. The case was handled for Mr. Peterson on a pro bono basis.

Mobil Natural Gas, Inc. v. DETMI Management Inc., et al. (2005-2006). Wes Lotz and Mike Wilson represented Mobil Natural Gas, Inc. in a complex commercial arbitration involving claims for breach of fiduciary duty and breach of contract arising from an energy trading joint venture. The case was resolved after a four-week arbitration hearing in an agreement that requires confidentiality as to the results obtained.

Moritz, et al. v. Raymond James Financial, Inc., et al. (2005-2007). We represented Mike Richards in connection with claims for securities fraud and investment losses. We resolved the case before trial in an agreement that requires confidentiality as to the results obtained.

Wang, et al. v. Gao, et al. (2010-2014). We represented a group of minority shareholders in claims for shareholder oppression, breach of contract, breach of fiduciary duty and unpaid compensation. We obtained a favorable jury verdict after a month-long trial in favor of a group of minority shareholders for claims of fraud, breach of fiduciary duty, breach of contract and unpaid compensation. See judgment

In re Gao (2014-2015). We represented three judgment creditors in a New York bankruptcy proceeding. We obtained summary judgment finding the debt to our clients was non-dischargeable in bankruptcy.

Nevarez, et al. v. Dragon Industries, Inc., et al. (2010). We represented CP International, Inc. in defense of tort claims arising from a drilling rig accident. The case settled in an agreement that requires confidentiality as to the result obtained.

Tovar, et al. v. Toyota Motor Corporation, et al. (2008). We represented Tai Ngo in defense of claims for negligent entrustment of a motor vehicle. The case settled in an agreement that requires confidentiality.

Thurmond v. City of Houston (2011-2013). We sued on behalf of our client to obtain public records relating to a stop-work order on their home.  We successfully obtained the records plus attorney fees and costs under the Texas Public Information Act.

Disclaimer: The cases listed in this website reference actual result histories but are not reflective of results in every case we handle. No attorneys, including our firm, can guarantee any particular outcome from litigation. All of the results reported in this website are of gross recoveries, not net to the client. In cases in which we are retained on a contingent fee basis, recoveries are reduced by the amount of litigation expenses and the contingent fee in connection with these cases (typically from 20 to 40%), depending on the nature of the engagement.