Wesley G. Lotz

Partner

713.654.5830

wlotz@fulkersonlotz.com

Wes is a trial lawyer who represents clients in business litigation and arbitration. Wes has over 16 years of experience in complex commercial litigation. Over the course of his career, Wes has litigated claims for breach of contract, fraud, fiduciary duty, theft of trade secrets, non-compete, partnership disputes, deceptive trade practices, patent, trademark, and copyright infringement, negligence, employment discrimination, securities litigation, shareholder oppression, industrial accidents, stock option and financial advisory disputes.

Wes has represented clients in the oilfield services and healthcare sector, ranging from Mobil Natural Gas, Inc., Oracle, FMC Technologies, AmeriGas, Epcor, Cokebusters, Highland Fluid Technologies, Gyrodata, ABC Assembly, Total Separation Solutions, Terves, and Cheetah Gas Co. to small business owners, senior executives, and individuals. Wes works to help clients resolve legal disputes at all stages of litigation, including before litigation is filed, at trial, mediation, arbitration and on appeal.

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

Professional Biography

Fulkerson Lotz L.L.P.

  • Partner 2010-present

Wilson Fulkerson LLP; Law Offices of Tom Fulkerson

  • Associate 2006-2009

Baker Botts LLP

  • Associate 2004-2005

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 Federal Claims
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Federal 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
  • Texas Bar Foundation, Nominating Committee, 2019

Awards & Publications

  • Texas Bar Foundation, Fellow (2018-2020)
  • Houston Business Journal – “40 Under 40 Award” (2014) – read it here.
  • H Texas Magazine “Houston’s Top Lawyers” in Business & Civil Litigation (2014 – 2020) – read it here.
  • “Top Lawyer” in Houstonia Magazine‘s Top Lawyers (2016-2020)
  • AV-Pre-Eminent Rating, by Martindale Hubbell Peer Review
  • Super Lawyers® – SuperLawyers 2019, 2020 and Texas Rising Stars 2008, 2009, 2017 and 2018 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.
  • Avoiding (Or Winning) Trade Secret Disputes: Best Practices for Employers and Employees, Driven (2018) – read it here.

Representative Cases

Quest v. Cokebusters (2014-2020). We represent Cokebusters in patent infringement litigation related to inspection services and display technology in the oil refining industry.

ABC v. MNI (2014-2019).Lead counsel for contract manufacturer providing assembly of printed circuit boards.  We handled claims for breach of the manufacturing services agreement, fraud and negligent misrepresentation. We tried the case to verdict in May 2018, and obtained a final judgment in favor of ABC in July 2019.  The case settled after post-judgment briefing. See Final Judgment.

VLS Alabama LLC v. Cemex Southeast LLC. (2019).  Lead counsel for cement producer in contract dispute related to a fuel supply agreement.

Steven King v. McNabb Equipment Services LLC. (2018-2019). Lead counsel in connection with claims for breach of contract, trade secrets, commissions, and non-compete dispute.

Rashid Salahian v. Momentum Engineering Inc. (2019).  Lead counsel for engineering firm in defense of employment discrimination claims.

Robertson v. Star Orthodontic PLLC. (2019).Lead counsel for orthodontic practice in defense of trademark infringement claims.

Michael Jones v. American Council on Exercise.  Lead counsel for the plaintiff in a trademark infringement lawsuit.

Jesse Hernandez v. One Step Diagnostic. (2016-2019).  Lead counsel for medical imaging provider in defense of claims related to radiological imaging.  We obtained summary judgment on behalf of 16 of the 17 entities named in the suit and the case settled shortly thereafter.

APS v. Terves (2015) Lead counsel for company that provides dissolvable frac balls used in oil and gas drilling.  We obtained complete dismissal of the trade secret claims against our client within one month of filing.

Roberto Cabrera, et al a v. AmeriGas Propane LP. (2017-2019). Representation of propane supplier in litigation and on appeal.  We obtained a ruling in favor of AmeriGas on the exclusive remedy defense on appeal to the Ninth Court of Appeals. See Opinion.

Jucht v. AmeriGas Propane LP.  (2019). We were hired by the nation’s largest propane supplier to serve as lead trial counsel, one week before trial in a motorcycle accident case.

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 one month of filing.

DF Vimarc, Inc. v. Vimarc, Inc., et al (2015).  We represented an industrial motor distributor in a lawsuit 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).  Lead counsel representing 19 retired Exxon Mobil employees in claims for fraud and mismanagement of retirement savings accounts 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 under the Fair Housing Act. The claims were dismissed in federal court, and our clients were awarded attorneys’ fees. After the claims were re-filed in state court, we obtained summary judgment 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 Gas 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 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.

Caitlin McKee v. D.R. Horton (2017-2018).  We represented a homeowner in a construction dispute with the homebuilder and after a three day arbitration, obtained an arbitration award in our client’s favor.

Shoop v. Box Builders LLC (2017-2018).  We represented a homeowner in claims for breach of contract and fraud against the general contractor.

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 v. Gyrodata Inc. (2006-2009). We represented Gyrodata, a leader in gyroscopic wellbore surveying, as the defendant and counter-plaintiff in 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 awarding 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.

Mobil Natural Gas, Inc. v. DETMI Management Inc., et al. (2005-2006). We 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.

Wang, et al. v. Gao, et al. (2010-2014). We represented three 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 on claims of fraud, breach of fiduciary duty, breach of contract and unpaid compensation. See judgment

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

Nevarez, et al. v. Dragon Industries, Inc., et al. (2010). We represented CP International, Inc. in defense of claims arising from a drilling rig accident.

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.

Thurmond v. City of Houston (2011-2013). We sued to obtain public records relating to a stop-work order.  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.

Personal Biography

Wes is a native Houstonian. After graduating from Memorial High School, he attended Wake Forest University. Wes received the Presidential Scholarship for Distinguished Achievement and was a nationally-ranked college debater. He was named the top-seed and second overall speaker at the National Debate Tournament.Wes graduated second in his class at Baylor Law School. Wes was awarded the Leon Jaworski Scholarship for Outstanding Advocates and competed on Baylor’s national mock trial and moot court teams. He also served as the Senior Executive Editor of the law review.Wes began his legal career in 2004 at Baker Botts LLP. Wes co-founded Fulkerson Lotz LLP and has been a partner at the firm since 2010.When he is not in the courtroom, Wes enjoys playing basketball, traveling, volunteering in the community, and spending time with his wife Kristin and his children.