Biography
An experienced trial lawyer working principally in the energy industry, Marty Truss brings a committed and tough, yet practical, approach to solving clients’ problems in complex commercial litigation. Whether charting a strategic course through pre-litigation controversies or providing first-chair courtroom advocacy in “bet the company” litigation, high-net-worth individuals and businesses of varying size and sophistication routinely turn to Marty for his creative, results-oriented approach to dispute resolution.
Marty has represented clients in trials and arbitrations of complex business disputes in counties in every nook and cranny of Texas and across the country from California to New York. He has represented major and independent energy producers, operators and other mineral interest owners, as well as oil field service companies, drilling contractors, pipeline companies and refiners in a wide variety of business litigation. He frequently handles litigation involving disputes concerning mineral titles, joint operating agreements, farmout agreements, pipeline agreements, IADC contracts, trade secrets, and business fraud. Marty is a AAA panel arbitrator for Commercial Disputes.
Representative Experience
- Lead arbitration counsel in complex royalty litigation defending against claim of $300,000,000 in royalty damages. Successful arbitration award from oil and gas panel was less than .5% of plaintiff’s claim.
- Lead trial counsel to a publicly traded exploration and production (E&P) company in successful prosecution of trade secret misappropriation claims. Following a 41-day trial, the court awarded judgment for misappropriation of trade secrets and entered an 8-figure dollar damage award.
- Lead arbitration counsel in complex business divorce involving multiple oilfield trucking businesses. Obtained multi-million dollar settlement in middle of arbitration immediately after cross-examination of defense witnesses in client’s case-in-chief.
- Lead trial counsel for lignite mine jury trial. Obtained a directed verdict, re-aligned the parties mid-trial, and obtained a jury verdict against prominent local ranch.
- Lead trial counsel in extended complex litigation culminating in successful bench trial following summary judgment which forced relocation of 20-inch NGL pipeline from client’s mineral lease and obtained award of more than $1,000,000 in attorneys’ fees.
- Obtained $7,500,000 recovery in litigation involving mineral title dispute.
- Obtained multi-million dollar recovery in litigation involving partnership dispute and ownership of oil producing properties.
- Successful defense through trial and appeal of dispute involving title to thousands of mineral acres in South Texas.
- Obtained summary judgment for clients, two international mining consulting service companies, in a federal lawsuit seeking $1 billion in damages filed in the Western District of Texas, San Antonio Division.
- Obtained favorable resolution for publicly traded drilling company in suit filed in a hostile South Texas venue by 14 plaintiffs asserting causes of action for negligence, trespass, and nuisance. Claims included catastrophic damage, including property damage to residences and personal injuries allegedly caused by drilling operations. Obtained a take nothing judgment on the merits dismissing all causes of action by all plaintiffs against client, and no settlement payment.
- Obtained favorable resolution for publicly traded drilling company in lawsuit filed in Oklahoma, alleging breach of confidentiality and non-circumvention agreement. Obtained judgment dismissing all causes of action against client and no settlement payment.
- Obtained favorable resolution for publicly traded refining company against claims for fraud, fraudulent inducement, and breach of fiduciary duty. Obtained dismissal and paid no settlement.
Education
- J.D. St. Mary’s University School of Law
- B.A. The University of Texas at San Antonio
Memberships
- Board of Directors, Meals on Wheels San Antonio
- Advisory Committee, United Way of San Antonio
- Greater San Antonio Chamber of Commerce, Leadership San Antonio, Class XXIX
- Past Chair, Family Service Association Board of Directors
- Past Chair, YMCA Youth and Government Texas Board of Directors
- Director, Texas Lawyers and Accountants for the Arts, 2017
- Alumnus, Class of 2003, North San Antonio Chamber of Commerce Leadership Lab
- President, St. Mary’s Law Alumni Association Board of Directors, 2013-2014
- State Bar of Texas: State Bar of Texas, Oil & Gas Pattern Jury Charge Committee, District 10 Grievance Committee – Chair, 2016-2017; Panel Chair, 2011-2017, Oil, Gas & Energy Resources and Litigation Sections – Member
- American Bar Association Section of Litigation: Co-Chair, Mental Health and Wellness Task Force, Managing Director, Council, Division Director, Co-Chair, First Chair Press, Content Management Committee, 2011, Co-Chair Energy Litigation Committee, 2007-2010
- San Antonio Bar Association: President, 2015-2016; Director and Officer 2009-2015; Litigation Section, Chair, 2006-2007
- President, San Antonio Young Lawyers Association, 2001-2002
- Life Fellow, American Bar Foundation
- Life Fellow, Texas Bar Foundation
- Life Fellow, San Antonio Bar Foundation
Achievements
- Chambers USA, Band 1 Ranking: General Commercial Litigation – Texas: San Antonio & Surrounds
- Peer Review Rated AV Preeminent by Martindale-Hubbell
- The Best Lawyers in America®, Commercial Litigation (2010-Present), Energy Law (2018-Present), Litigation – Environmental (2015-Present), Litigation – Real Estate (2013-Present), Oil and Gas Law (2018-Present)
- The Best Lawyers in America® 2018, 2020, 2022 “Lawyer of the Year” in Energy Law and Oil & Gas Law
- San Antonio Magazine’s “San Antonio’s Top Attorneys” for Oil & Gas, 2019-2021
- “Outstanding Lawyer of the Year – Litigation”, San Antonio Business Journal, 2011
- Distinguished Law Graduate Award, St. Mary’s University School of Law 2016
- Texas Super Lawyers® Business Litigation and Energy & Natural Resources, 2007- Present
- San Antonio Business Journal and Houston Business Journal’s Who’s Who in Energy, 2012, 2014-2016
- S.A. Scene in “San Antonio’s Best Lawyers” for Business Litigation & Energy: Oil & Gas
- S.A. Scene in “San Antonio’s Best Lawyers” for Business Litigation & Energy: Oil & Gas
- San Antonio Young Lawyers Association, “Outstanding Mentor Award,” 2008
Speaking Engagements
- Trade Secret Litigation: Applied Ethics in the Oil Patch, 9th Annual Oil & Gas Disputes Course, State Bar of Texas, January 2023
- Apache v. Castex and the Willful Misconduct Standard in JOAs, 48th Annual Earnest E. Smith Mineral Law Institute, University of Texas School of Law, April 2022
- Discovery Update, 8th Annual Oil & Gas Disputes Course, State Bar of Texas, January 2022
- Trade Secrets in the Oil Patch, Texas Advanced Paralegal Seminar, State Bar of Texas, September 2021
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