Tim Shelby

Partner

Tim Shelby

Partner

  • P: 713-600-4909
  • F: 713-655-0062
  • tshelby@azalaw.com
  • vCard

Tim Shelby focuses on complex commercial litigation, oil and gas-related litigation, and trade secret litigation.  Mr. Shelby routinely represents exploration and production companies, refining and petrochemical companies, pipeline companies, oilfield services companies, and high-net worth individuals in a wide variety of energy litigation matters in federal and state courts and in arbitrations.

Mr. Shelby is recognized by Best Lawyers in America for commercial litigation in Texas 2015 – 2023. He was named to the Texas Super Lawyers list 2014 – 2022 for business litigation.  He is rated AV Preeminent by Martindale-Hubbell.  Since being appointed in 2018, Mr. Shelby has served on the State Bar of Texas Oil and Gas Pattern Jury Charge Committee, which updates and revises the way the law is typically presented to juries in Texas trials.

Mr. Shelby received his law degree from Harvard Law School in 2002. While at Harvard, he served as a Teaching Fellow in Harvard’s Department of Economics. Mr. Shelby received a Master of Public Service and Administration from the Bush School of Government at Texas A&M University in 1999, where he was recognized as a Bush Fellow. Mr. Shelby received his undergraduate degree, summa cum laude and Phi Beta Kappa, in economics and political science from Baylor University in 1997. Prior to joining AZA, Mr. Shelby practiced in the litigation department of Baker Botts in Houston.

Tim and his wife Melissa Shelby are actively involved in the Houston Chapter of Cure JM Foundation, a nonprofit dedicated to finding a cure for Juvenile Myositis (JM).  JM is an autoimmune disease in which a child’s immune system attacks its own cells and tissues. In 2019 and 2020, Tim and Melissa served as Co-Chairs of the Walk Strong for Cure JM – Houston. Tim also serves on Cure JM’s Board of Directors. If you are interested in learning more about Cure JM, please go to http://www.curejm.org/.

Tim Shelby focuses on complex commercial litigation, oil and gas-related litigation, and trade secret litigation.  Mr. Shelby routinely represents exploration and production companies, refining and petrochemical companies, pipeline companies, oilfield services companies, and high-net worth individuals in a wide variety of energy litigation matters in federal and state courts and in arbitrations.

Mr. Shelby is recognized by Best Lawyers in America for commercial litigation in Texas 2015 – 2023. He was named to the Texas Super Lawyers list 2014 – 2022 for business litigation.  He is rated AV Preeminent by Martindale-Hubbell.  Since being appointed in 2018, Mr. Shelby has served on the State Bar of Texas Oil and Gas Pattern Jury Charge Committee, which updates and revises the way the law is typically presented to juries in Texas trials.

Mr. Shelby received his law degree from Harvard Law School in 2002. While at Harvard, he served as a Teaching Fellow in Harvard’s Department of Economics. Mr. Shelby received a Master of Public Service and Administration from the Bush School of Government at Texas A&M University in 1999, where he was recognized as a Bush Fellow. Mr. Shelby received his undergraduate degree, summa cum laude and Phi Beta Kappa, in economics and political science from Baylor University in 1997. Prior to joining AZA, Mr. Shelby practiced in the litigation department of Baker Botts in Houston.

Tim and his wife Melissa Shelby are actively involved in the Houston Chapter of Cure JM Foundation, a nonprofit dedicated to finding a cure for Juvenile Myositis (JM).  JM is an autoimmune disease in which a child’s immune system attacks its own cells and tissues. In 2019 and 2020, Tim and Melissa served as Co-Chairs of the Walk Strong for Cure JM – Houston. Tim also serves on Cure JM’s Board of Directors. If you are interested in learning more about Cure JM, please go to http://www.curejm.org/.

 

REPRESENTATIVE ENGAGEMENTS

  •  After a two-week final hearing, Mr. Shelby successfully recovered over $20 million on breach of contract claims for an energy company against a refining company. He also successfully defeated a $400 million counterclaim brought by the refiner.
  • After a five-week trial, Mr. Shelby successfully defeated a $240 million fraud claim that was brought against a pipeline company.
  • Mr. Shelby represents energy companies in several disputes stemming from the February 2021 winter storm that wreaked havoc in Texas and Oklahoma. He began advising clients about force majeure and contract interpretations immediately after the unprecedented weather severely impacted natural gas markets in Texas and Oklahoma. Mr. Shelby currently has winter storm cases pending in federal court, state court, and in arbitration. The total value of these cases exceeds $200 million.
  • Mr. Shelby filed suit on behalf of Anheuser-Busch against a natural gas provider for price gouging one of Anheuser-Busch’s breweries during the February 2021 winter storm. The case was resolved on a confidential basis shortly after it was filed.
  • Mr. Shelby handles high-value arbitrations for energy companies. He currently represents a large LNG export company in a dispute in London before the International Court of Arbitration of the International Chamber of Commerce involving a long-term supply agreement and breach of contract claims related to the method of calculating various fees. Mr. Shelby represents an energy company in a large arbitration before the London Court of International Arbitration related to natural gas trading activity. He represents a gas processing plant in an arbitration involving the interpretation of a right-of-first-refusal provision in a long-term gas processing agreement. He currently represents an energy company in multiple arbitrations involving disputes over indemnity and defense provisions in purchase and sale agreements.
  • Mr. Shelby represented the mineral estate and surface estate owners of a large ranch in the Permian Basin. He brought numerous lawsuits against operators who breached the terms of mineral leases and caused surface damages. The lawsuits resulted in extremely favorable settlement terms for the ranch that included amended mineral leases and new drilling agreements.
  • Mr. Shelby defended a crude purchasing company against over $100 million in claims brought against the company by a large landowner in the Permian Basin. After securing a summary judgment ruling that significantly reduced the liability in the case, the landowner gave up and dismissed the remaining claims against his client on the eve of trial.
  • Mr. Shelby took on an oilfield tool manufacturing client that had $35 million in breach of contract claims against it based on supposedly “non-conforming” equipment. Within six months of representing the client, he completely changed the dynamic of the case, and his client received a multimillion-dollar settlement.
  • Mr. Shelby defended an oil purchasing and marketing company against over $150 million in claims brought by multiple producers under various lien statutes. After over 200 depositions and a three-day summary judgment hearing, the plaintiffs abandoned their claims against his client.
  • Mr. Shelby recently won a trial verdict for an industrial gas supplier. The victory included recovery of substantial sums for his client on breach of contract claims and defeating counterclaims for fraud and breach of contract.
  • Representing plaintiffs, Mr. Shelby has secured multiple temporary restraining orders, temporary injunctions, and permanent injunctions for oilfield tool and service companies. He recently served as the lead trial lawyer for an oilfield tools company in a high-profile bench trial against a competitor who bribed an employee to get manufacturing drawings and then provided them to Chinese manufacturers. The competitor was forced to agree to the entry of a permanent injunction at the end of the trial.
  • Mr. Shelby forced one of the largest oilfield services companies in the world to abandon its trade secret claims and dismiss the lawsuit within two weeks of filing suit. In another trade secret case, he defeated requests for a temporary restraining order and a preliminary injunction in contested hearings in federal court for a manufacturer of oilfield pipe connections, and then negotiated a favorable settlement before the final trial on the merits.
  • Mr. Shelby vigorously defended a former in-house lawyer for Schlumberger against Schlumberger’s trade secret and breach of fiduciary duty claims. The district court ultimately dismissed the majority of the claims against AZA’s client under the Texas Anti-SLAPP statute and hit Schlumberger with $600,000 in sanctions and attorneys’ fees.
  • Mr. Shelby routinely represents inventors in disputes related to the ownership of patents and royalties owed under licensing agreements. Mr. Shelby successfully represented Andrew Silver in a lawsuit against Tabletop, now known as Ziosk, over a patent purchase agreement. When the trial court ordered Mr. Silver, over Mr. Shelby’s objections, to turn over his privileged communications with his patent agent, Mr. Shelby spearheaded the appeal of the trial court’s rulings. In 2018, the Texas Supreme Court ultimately recognized the patent agent privilege in In re Silver, 540 S.W.3d 530 (Tex. 2018), a case of first impression in state courts of the United States. Mr. Shelby then continued to prosecute the case, securing a favorable settlement for his client on the eve of trial.
  • Mr. Shelby frequently represents high-net worth clients in disputes involving wills, estates, and trusts. In one recent case, Mr. Shelby successfully defended the executor of an estate of a wealthy West Texas oilman against claims for breaches of fiduciary duty brought by the oilman’s widow. In another case, Mr. Shelby asserted breach of fiduciary duty claims on behalf of a beneficiary of a will against the executor of the estate for failure to disperse the estate property, ultimately recovering a large ranch in West Texas for his client.

COURT ADMISSIONS AND AFFILIATIONS

  • State Bar of Texas
  • United States Court of Appeals for the Fifth Circuit
  • United States District Courts for the Southern, Eastern, Western and Northern Districts of Texas
  • Texas State Bar Oil & Gas Pattern Jury Charge Committee 2018-2021
  • Institute for Energy Law, Advisory Board, 2010-2011
  • Houston Bar Association, CLE Committee, 2008 & 2010
  • Houston Young Lawyers Association

PUBLICATIONS, PAPERS, AND CLE PRESENTATIONS

  • “Trials, Depositions, Hearings, and other Remote Proceedings,” State Bar of Texas Webinar, December 2020
  • “Witness Credibility in Trial and Depositions,” Texas Lawyer’s In-House Counsel Summit, March 2013.
  • “Strategies for Corporate Representative Depositions,” 33rd Annual Corporate Counsel Institute, Houston, Texas, April 2011

IN THE NEWS

 

REPRESENTATIVE ENGAGEMENTS
  •  After a two-week final hearing, Mr. Shelby successfully recovered over $20 million on breach of contract claims for an energy company against a refining company. He also successfully defeated a $400 million counterclaim brought by the refiner.
  • After a five-week trial, Mr. Shelby successfully defeated a $240 million fraud claim that was brought against a pipeline company.
  • Mr. Shelby represents energy companies in several disputes stemming from the February 2021 winter storm that wreaked havoc in Texas and Oklahoma. He began advising clients about force majeure and contract interpretations immediately after the unprecedented weather severely impacted natural gas markets in Texas and Oklahoma. Mr. Shelby currently has winter storm cases pending in federal court, state court, and in arbitration. The total value of these cases exceeds $200 million.
  • Mr. Shelby filed suit on behalf of Anheuser-Busch against a natural gas provider for price gouging one of Anheuser-Busch’s breweries during the February 2021 winter storm. The case was resolved on a confidential basis shortly after it was filed.
  • Mr. Shelby handles high-value arbitrations for energy companies. He currently represents a large LNG export company in a dispute in London before the International Court of Arbitration of the International Chamber of Commerce involving a long-term supply agreement and breach of contract claims related to the method of calculating various fees. Mr. Shelby represents an energy company in a large arbitration before the London Court of International Arbitration related to natural gas trading activity. He represents a gas processing plant in an arbitration involving the interpretation of a right-of-first-refusal provision in a long-term gas processing agreement. He currently represents an energy company in multiple arbitrations involving disputes over indemnity and defense provisions in purchase and sale agreements.
  • Mr. Shelby represented the mineral estate and surface estate owners of a large ranch in the Permian Basin. He brought numerous lawsuits against operators who breached the terms of mineral leases and caused surface damages. The lawsuits resulted in extremely favorable settlement terms for the ranch that included amended mineral leases and new drilling agreements.
  • Mr. Shelby defended a crude purchasing company against over $100 million in claims brought against the company by a large landowner in the Permian Basin. After securing a summary judgment ruling that significantly reduced the liability in the case, the landowner gave up and dismissed the remaining claims against his client on the eve of trial.
  • Mr. Shelby took on an oilfield tool manufacturing client that had $35 million in breach of contract claims against it based on supposedly “non-conforming” equipment. Within six months of representing the client, he completely changed the dynamic of the case, and his client received a multimillion-dollar settlement.
  • Mr. Shelby defended an oil purchasing and marketing company against over $150 million in claims brought by multiple producers under various lien statutes. After over 200 depositions and a three-day summary judgment hearing, the plaintiffs abandoned their claims against his client.
  • Mr. Shelby recently won a trial verdict for an industrial gas supplier. The victory included recovery of substantial sums for his client on breach of contract claims and defeating counterclaims for fraud and breach of contract.
  • Representing plaintiffs, Mr. Shelby has secured multiple temporary restraining orders, temporary injunctions, and permanent injunctions for oilfield tool and service companies. He recently served as the lead trial lawyer for an oilfield tools company in a high-profile bench trial against a competitor who bribed an employee to get manufacturing drawings and then provided them to Chinese manufacturers. The competitor was forced to agree to the entry of a permanent injunction at the end of the trial.
  • Mr. Shelby forced one of the largest oilfield services companies in the world to abandon its trade secret claims and dismiss the lawsuit within two weeks of filing suit. In another trade secret case, he defeated requests for a temporary restraining order and a preliminary injunction in contested hearings in federal court for a manufacturer of oilfield pipe connections, and then negotiated a favorable settlement before the final trial on the merits.
  • Mr. Shelby vigorously defended a former in-house lawyer for Schlumberger against Schlumberger’s trade secret and breach of fiduciary duty claims. The district court ultimately dismissed the majority of the claims against AZA’s client under the Texas Anti-SLAPP statute and hit Schlumberger with $600,000 in sanctions and attorneys’ fees.
  • Mr. Shelby routinely represents inventors in disputes related to the ownership of patents and royalties owed under licensing agreements. Mr. Shelby successfully represented Andrew Silver in a lawsuit against Tabletop, now known as Ziosk, over a patent purchase agreement. When the trial court ordered Mr. Silver, over Mr. Shelby’s objections, to turn over his privileged communications with his patent agent, Mr. Shelby spearheaded the appeal of the trial court’s rulings. In 2018, the Texas Supreme Court ultimately recognized the patent agent privilege in In re Silver, 540 S.W.3d 530 (Tex. 2018), a case of first impression in state courts of the United States. Mr. Shelby then continued to prosecute the case, securing a favorable settlement for his client on the eve of trial.
  • Mr. Shelby frequently represents high-net worth clients in disputes involving wills, estates, and trusts. In one recent case, Mr. Shelby successfully defended the executor of an estate of a wealthy West Texas oilman against claims for breaches of fiduciary duty brought by the oilman’s widow. In another case, Mr. Shelby asserted breach of fiduciary duty claims on behalf of a beneficiary of a will against the executor of the estate for failure to disperse the estate property, ultimately recovering a large ranch in West Texas for his client.
COURT ADMISSIONS AND AFFILIATIONS
  • State Bar of Texas
  • United States Court of Appeals for the Fifth Circuit
  • United States District Courts for the Southern, Eastern, Western and Northern Districts of Texas
  • Texas State Bar Oil & Gas Pattern Jury Charge Committee 2018-2021
  • Institute for Energy Law, Advisory Board, 2010-2011
  • Houston Bar Association, CLE Committee, 2008 & 2010
  • Houston Young Lawyers Association
PUBLICATIONS, PAPERS, AND CLE PRESENTATIONS
  • “Trials, Depositions, Hearings, and other Remote Proceedings,” State Bar of Texas Webinar, December 2020
  • “Witness Credibility in Trial and Depositions,” Texas Lawyer’s In-House Counsel Summit, March 2013.
  • “Strategies for Corporate Representative Depositions,” 33rd Annual Corporate Counsel Institute, Houston, Texas, April 2011
IN THE NEWS
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