D. Scott Funk
Shareholder
1300 Post Oak Blvd. Suite 2000
Download V-Card
Download Bio (pdf)
Scott Funk represents plaintiffs and defendants in all aspects of complex and sophisticated commercial and general civil litigation and arbitrations, including cases involving breach of contract, fraud, securities fraud, real estate, oil and gas, trade secrets, non-compete agreements, accountings, minority shareholder oppression, violations of the DTPA and UCC, as well as defense of serious injury and wrongful death claims. Mr. Funk's practice also includes some estate planning and probate matters, including drafting wills and trusts and handling probate litigation.
Area of Practice
Recent News
Representative Experience
General Contract/Business Tort:
Defense of Medical Properties Trust (a NYSE real estate investment trust) against fraud and breach of fiduciary duty claims arising from the failure of the Houston Town & Country Hospital.
Defense of Chevron Phillips against fraud and breach of contract claims asserted by its distributor of polyethylene in Mexico.
Defense of Coastal Securities Company, a foreign subsidiary of El Paso Corp., against breach of contract claims asserted by a German agent for commissions relating to oil trades in India.
Prosecution of breach of contract claims against IBM for failure to pay software royalties.
Prosecution and defense of breach of contract, fraud and breach of fiduciary duty claims against the Taiwanese and Israeli national oil companies.
Defense of Belcher Oil Co. against fraud claims arising from an oil trade.
Prosecution of breach of contract and breach of warranty claims for Voest Alpine arising out of international chemical trading.
Defense of Stewart Title against loan/mortgage fraud claims.
Prosecution of breach of contract, breach of fiduciary duty and fraud claims for Italian investors against a Swiss trust company.
Defense of tortious interference claims against oil and gas operator who purchased working interests and successful appeal of same.
Prosecution of breach of fiduciary duty claims for Phillips Entertainment relating to a partnership involving a Ripley's Believe It or Not! attraction.
Real Estate:
Defense of hospital owner and landlord against claims of fraudulent termination of the lease.
Prosecution and defense of trespass to try title claims for Plains Exploration/3TEC relating to working and overriding royalty interests.
Defense of claims for Randall's/Safeway against alleged violations of real estate deed restrictions.
Defense of insured for Stewart Title against claims that 50 year old real estate easement was invalid.
Assisted client that manages foreign investments in identifying and purchasing approximately $25,000,000 of real estate under Section 1031. See www.ipx1031.com
Representation of clients that issue and/or purchase promissory notes secured by real property and then syndicate the notes with loan participation agreements.
Representation of clients that jointly purchase real property using a trustee and nominee arrangement on T.I.C. (tenant in common) agreements.
Securities Fraud:
Defense of registered investment advisory firm against securities fraud and breach of fiduciary duty claims.
Prosecution of securities fraud and breach of fiduciary claims against numerous brokers, including Prudential, Fahnestock, Oppenheimer and Prime Charter.
Defense of fund manager against securities fraud claims by Italian investors.
Accounting Claims:
Prosecution and defense of complex accounting claims involving hundreds of accounts and investments by a Swiss trust company in the U.S. totaling tens of millions of dollars.
Prosecution and defense of accounting claims for Timco against AIG.
Prosecution of accounting claims for software royalties against IBM.
Minority Shareholder Oppression:
Defense of company in Trinidad against minority shareholder oppression claims.
Prosecution of minority shareholder oppression claims in family owned business.
Obtained reversal on appeal of trial court judgment for minority shareholder oppression.
Trade Secrets/Non-Compete:
Prosecution of trade secret and lien claims to recover the rights to a revolutionary engine oil formula.
Prosecution of claims for ABC Pest Control and other employers to enforce non-compete clauses and protect customer lists as trade secrets, including obtaining multiple injunctions.
Prosecution of claims to avoid non-compete clause in distributor contract for Grant Sales against Ryko.
International:
Defense of claims arising out of an oil trade with European company in the Netherland Antilles.
Defense of local employer against claims of 35 Vietnamese laborers in the U.S. on H2B work visas.
Defense of El Paso foreign subsidiary against claims for commissions by an Indian agent involving oil trades in India;
Prosecution and defense of numerous arbitrations involving worldwide trading of chemicals.
Prosecution and defense of arbitrations involving the development of the second largest oilfield in Kazakhstan.
Defense of claims against Chevron Phillips by its distributor of polyethylene in Mexico.
Defense of a company in Trinidad relating to shareholder claims.
Prosecution and defense of numerous claims by and against Italian and Swiss individuals and companies.
Defense of Serious Injury/Wrongful Death:
Defense of Coastal in a wrongful death case arising out of a high rise fire.
Defense of Coastal in an injury case where plaintiff had third degree burns arising out of an oil field fire.
Defense of M-I Swaco in an injury case where plaintiff had severe neck injuries (multi-level neck fusion) arising out of an automobile accident.
Defense of M-I Swaco in an injury case where plaintiff lost the use of her right wrist and hand arising out of an automobile accident.
Defense of Ninfa's and other Riostar restaurants against numerous non-subscriber personal injury claims by employees.
Defense of Coastal in a wrongful death case arising out of a gas pipeline explosion during a water pipeline construction project.
Defense of nursing home against non-subscriber personal injury claims by an employee alleging back injuries that prevented her from ever working again.
Construction:
Defense of Coastal as the owner against breach of contract and fraud claims relating to construction of a gas processing plant.
Prosecution of breach of contract and bad faith claims for concrete subcontractor against Hartford as bonding company relating to construction of a Metro project.
Prosecution and defense of breach of contract and fraud claims for dirt subcontractor relating to construction of a Wal-Mart parking lot.
Appellate:
Obtained reversal on appeal of minority shareholder oppression judgment entered against small company represented by other counsel at trial.
Obtained affirmation on appeal of summary judgment dismissing plaintiff's breach of contract claims against client pertaining to statute of limitations and discovery rule.
Obtained affirmation on appeal of trial court judgment for client against Devon and IMC Global for indemnity and attorneys' fees pertaining to seismic data.
Deceptive Trade Practices Act (DTPA):
Defense of Stewart Title against DTPA claims.
Prosecution of numerous DTPA claims, including claims relating to purchases of real estate, automobiles, equipment and various products.
Uniform Commercial Code (UCC):
Defense of Belcher Oil Co. against UCC claims and successful appeal of same.
Prosecution of UCC claims for Coastal relating to failure of commercial pistons for a gas processing plant.
Professional Activities, Memberships & Affiliations
State Bar of Texas (admitted 1989).
Houston Bar Association.
U.S. Court of Appeals, Fifth and Tenth Circuits.
U.S. District Court, Southern, Western and Eastern Districts of Texas.
Education
1985 - B.B.A, The University of Texas at Austin (with high honors).
1989 - J.D., The University of Texas at Austin (with honors).
Honors
Selected as a Super Lawyer by Texas Monthly magazine, 2010-2011.
