Shana Merman is a complex commercial litigation attorney with broad experience practicing in Dallas and Houston courts. For eight years, Ms. Merman practiced in Dallas at a large international law firm and garnered extensive expertise litigating complex business disputes with issues typically stemming from mergers and acquisitions, corporate governance and compliance, employment issues and contractual disputes. Ms. Merman then transferred to Houston to attain additional expertise in oil and gas litigation concentrating on negotiating workouts for various energy partners.
Ms. Merman enjoys working with clients to create cost-effective business resolutions for challenging issues.
- Provided counsel to investors and banks in numerous multimillion-dollar real estate disputes.
- Provided counsel to an international company in an FCPA investigation and compliance review.
- Provided counsel to a national home healthcare provider in parallel criminal and civil False Claims Act investigations.
- Provided counsel to a coal mining company in criminal, administrative and civil matters arising from a fatal explosion at a mine.
- Served as independent counsel conducting Servicer Foreclosure Practices Look Back Review pursuant to an Office of the Comptroller of the Currency consent order.
- Provide advice and counsel regarding employment agreements with a concentration on covenant not to compete, non-disclosure and non-solicitation provisions.
- Successfully argued and obtained temporary restraining orders in numerous cases involving disputes dealing with covenants not to compete and/or misappropriation of trade secret claims.
- Successfully defended and prosecuted claims related to race discrimination, workers’ compensation retaliation, breaches of employment agreements, violations of the Family Medical Leave Act and the Americans with Disabilities Act.
- Successfully first chaired cases to three-member arbitration panels and obtained the full amount of damages including interest and attorneys’ fees.
- Provide advice and representation to multiple oil and gas exploration and production companies regarding mineral lien perfection issues, operating agreement disputes and general litigation matters.
- Represented the Official Committee of Unsecured Creditors in a Chapter 11 bankruptcy case and provided advice related to lien perfection of oil and gas leases.
Publications, Articles and Presentations
Co-Author, SEC Investigative Powers and the Freedom of Information Act, Texas Lawyer (July 2005).
Ghostwriter, Employment Perspectives in a Regulatory Investigation, Texas Lawyer (August 8, 2005), available at http://www.law.com/jsp/cc/PubArticleCC.jsp?id=900005434363.
Breakfast Briefing: If It Is Valuable – It Can be Stolen (January 2006).
Breakfast Briefing: Issues Arising in a Regulatory Investigation (March 2006).
Co-Author, Disclosure Requirements for Executive, Director Compensation, Texas Lawyer (July 3, 2006), available at http://www.law.com/jsp/tx/PubArticleTX.jsp?id=900005457004.
Shana L. Burleson and David R. Clouston, Light Dimmed by Johnson – The Enforceability of Covenants Not to Compete Under Texas Law, 59 Baylor L. Rev. 2 (Spring 2007).
Ghostwriter for Texas Lawyer Podcasts – Securities Law (2006-2007), available at http://www.law.com/jsp/tx/specials.jsp?p=TLpodcasts.
Lunch Briefing: The New Texas Uniform Trade Secrets Act (July 2013).
Co-Author, Ohio Supreme Court Rules That Municipalities Cannot Block Drilling Activities Permitted by the State, available at http://www.squirepattonboggs.com/insights/publications/2015/02/ohio-supreme-court-rules-that-municipalities-cannot-block-drilling-activities-permitted-by-the-state (February 2015).
Awards and Honors
National Trial Advocacy College at the University of Virginia (January 2013).
Voted Best Moot Court/Mock Trial Coach for 2010-2011 by the Southern Methodist University, Dedman School of Law Board of Advocates.
Texas Rising Star, Texas Monthly Magazine (2010-2017).
2005 Patton Boggs LLP Pro Bono Associate of the Year.
Admitted to the Texas State Bar; U.S. District Courts for the Eastern, Northern, and Southern Districts of Texas and the United States Court of Appeals for the Fifth Circuit.