Paul Simon

LEGAL EXPERIENCE

Present – Pendergraft & Simon, LLP, Houston, Texas.

  • Responsible for docket of complex and general commercial litigation and appellate matters, as well as property tax protest litigation.

2018-2019 – Voss Law Firm, P.C. (Managing Attorney), Houston, Texas.

  • Responsible for overseeing junior attorneys’ docket, growth and development of the firm, managing firm’s own litigation-related issues, all while maintaining a full caseload of approximately 40 active cases, primarily in the nature of first-party insurance disputes and general commercial litigation.

2017  –  Jetall Companies, Inc. (General Counsel and Vice President), Houston, Texas.

  • Responsible for overseeing company’s legal department, including handle landlord/tenant disputes; lead trial counsel for company in breach-of-lease cases, tenant-filed lawsuits, property tax protest cases, disputes with vendors and lienholders; manage outside trial counsel and insurance claims; assist outside counsel in drafting appellate brief and mandamus; review and draft transactional documents.

2006–2016 – Simon Herbert & McClelland, LLP (Partner), Houston, Texas.

  • Practice focuses primarily on commercial litigation and consumer protection cases, contract and business disputes, property-tax protest cases. The Firm has represented its business clients in cases as diverse as non-subscriber employee injuries, age discrimination, breach of contract, real estate disputes, construction, fraud/DTPA, and actions brought by the State Attorney General. Responsible for all aspects of Firm’s growth and development. Successfully mandamused trial judge when it entered judgment in favor of adverse party and refused to abate case, where parties entered into a formal settlement agreement. Marullo v. Apollo Assoc. Servs., LLC, 515 S.W.3d 902 (Tex. App.—Houston [14th Dist.] 2017, no pet.) (successfully enforced Washington state forum selection clause); Trinh v. Elmi, 2015 WL 5634274 (Tex. App.—Houston [1st Dist.] 2015, no pet.) (successfully reversed trial court judgment awarding no damages on finding appellee breached contract); General Metal Fabricating Corp. v. Stergiou, 438 S.W.3d 737, 745?46 (Tex. App.—Houston [1st Dist.] 2014, no pet.) (successfully enforced settlement agreement); Melawar v. Total Aircraft Servs., Inc., 2013 WL 485770 (Tex. App.—Houston [1st Dist.] 2013, no pet.) (successfully defended trial court’s post-judgment award of $85,000 in attorney’s fees and sanctions in case awarding $1,700 in damages); Myers v. Keegan, 2011 WL 3848096 (Tex. App.—Beaumont 2011, no pet.) (successfully defending trial court’s order finding medical malpractice expert’s qualified); In re General Metal Fabricating Corp., 2006 WL 3316877 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding) (not design. for publ.) (successfully mandamused trial court in case involving settlement agreement).

2001–06 – Winstead p.c. (Associate, Houston Office).

  • Litigation and Appellate Practice Groups. Authored appellate brief in case of first impression in Texas. Sterling Bank v. Willard M, LLC, 221 S.W.3d 121 (Tex. App.—Houston [1st Dist.] 2006, no pet.) (revering and rendering trial court’s assessment of costs against client, where client was prevailing party at trial); In re Wells Fargo, 115 S.W.3d 600 (Tex. App.—Houston [14th Dist.] 2003, orig. proceeding) (holding pre-dispute contractual jury waivers enforceable in sophisticated commercial transactions)

2000–01 – 14th Court of Appeals (Briefing Attorney to Justice Leslie Brock Yates).

  • Briefing attorney under Senior Justice for the Fourteenth Court of Appeals.

EDUCATION

Legal

  • South Texas College of Law – HOUSTON, TEXAS
    • Juris Doctorate – May 2000 – Top 12% (31 out of 256 graduates)
    • Scholastics: Law Review, Assistant Articles Editor, 1999.
    • Moot Court: Southeastern University National Invitational, 1999 (Best Brief); Phillip Jessup International Moot Court Competition, 2000 (Regional Finalist & 6th Best Speaker in Los Angeles Regional)
    • Honors & Awards: Order of the Lytae; Order of the Barristers; Top Grades in Constitutional Law and International Law; Dean’s List (4 times).

Undergraduate

  • University of Houston – MAIN CAMPUS
    • Bachelor of Science – May 1997 – Cum Laude
    • Honors & Awards: Received three of six “book awards” for top score on Constitutional Law I and Constitutional Law II. Dean’s List.

PUBLICATIONS

  • Paul Simon, Does the Sherman Act Recognize a “Price-Squeezing” Claim Where the Only Duty to Deal Arises from a Regulatory Scheme, 36 ABA Preview (of United States Supreme Court Cases), 3 (2008), at 158–63.
  • Paul Simon & Beth Fain, Pre-Dispute Jury Waivers Now Enforceable in Texas, 18 The Appellate Advocate, Fall 2005, at 23.
  • Jeff Joyce & Paul Simon, How Can an Owner Protect its Company from a    Jury of its Peers?, 2004 Houston Business Journal 26 (§ 2, May 7–13).
  • Paul Simon, The Fourth Amendment’s Exclusionary Rule—Judicial Remedy or Constitutional Mandate: Is There Room for the “Good Faith” Exception?, 41 South Tex. L. Rev. 1101 (Summer 2000).

ORGANIZATIONS & AFFILIATIONS

  • Texas State Bar
  • Admitted to practice in the Fifth Circuit and all Federal District Courts in Texas
  • Texas Bar Foundation, Sustaining Life Member
  • Fellow, Houston Bar Association (Life Member)
  • American Bar Association; Houston Bar Association
  • Phi Delta Phi
  • Global Who’s Who Best Lawyers (2016)
  • Order of Barristers
  • Order of the Lytae (for academic achievement at South Texas College of Law)