Peter Wells IV
Cokinos | Young
For the past fifteen years, Peter has developed a range of legal experience encompassing a wide array of commercial litigation matters in the energy, construction, and financial services industries where he has resolved disputes across the country before various courts and arbitration forums. He has had the fortunate opportunity to work with some of the largest banks, insurers, and broker-dealers in the country as well as with smaller “mom and pop” businesses, and yet his approach to achieving the best result for his clients does not change. Peter works closely with his clients to establish the most effective and cost-efficient strategy for every matter, and he is committed to working hard every day to ensure the client’s goals are achieved.
- South Texas College of Law – J.D., magna cum laude, 2005
- University of Texas at Austin – B.A. Government, Minor – Business, 2002
RECOGNITIONS & DISTINCTIONS
- Best Lawyer in America 2023: Personal Injury Litigation – Defendants
- Selected for inclusion in Texas Rising Stars for Business Litigation (2015-2019)
- Houston Association of Legal Professionals, 2010 Boss of the Year
- Obtained complete dismissal on behalf of heavy highway construction company in private nuisance action brought by adjacent landowner who alleged construction activities at borrow site caused increased flooding. Plaintiff non-suited all claims against client after all his experts were successfully struck from the case.
- Represented chemical company relating to claims for loss of productivity and overhead against mechanical piping contractor on multi-million dollar styrene revamp project.
- Represented commercial contractors in all facets of construction litigation including the recovery of mechanics and materialman’s liens, percentage completion, defects, delays, prompt payment violations, and trust fund violations.
- Won week long trial before The Honorable Lynn N. Hughes in the Southern District of Texas—Houston Division representing local stevedoring company relating to claims against major national chassis pool operator for breach of contract stemming from repair services stevedore provided to chassis pool operator. Also defended against counterclaims for breach of contract and fraud. Obtained judgment for 100% of claim as well as attorneys’ fees, costs, and interest.
- Represented local exploration and production company on oil and gas lease termination cases. Relevant issues included application of production in paying quantities, force majeure, continuous drilling, Pugh clauses, and interpretation of joint operating agreements.
- Represented publicly traded oilfield services company in breach of contract case stemming from synthetic mat joint-venture.
- Represented oilfield tool companies in disputes involving claims for unpaid freight charges, breach of warranty, and collection of receivables.
- Provided risk assessment and pre-litigation analysis for major chemical manufacturer relating to various issues including (1) termination of terminalling services agreement; (2) common-carrier status of various pipeline owners; and (3) proposed contract language for incorporation into sales agreements for commingled product.
- Represented mineral interest owner in suit brought by federal government seeking to foreclose on tax liens against co-tenant/delinquent taxpayer.
- Represented global medical device manufacturer to recover receivables owed stemming from lease of breathalyzers.
- Representing entrepreneur/buyer in various disputes under asset purchase agreement against seller of medical imaging company.
- Represented guarantors of notes in actions by banks to recover on defaulted loans provided to oilfield storage tank manufacturer and seller.
- Representing local third-party adjusting firm for various Lloyds syndicates against ERP software design firm in DTPA and breach of contract action.
- Represented stevedoring company relating to claims by second largest container shipper in world for fraud and breach of contract.
- Served as local counsel to oil and gas magazine publisher relating to claims for fraud and theft stemming from sale of multi-million dollar land rig.
- Represented downtown Houston property owner named as defendant/subsequent transferee in Bankruptcy Court adversary proceeding for claims relating to fraudulent transfer of client’s property.
- Represented individual commercial property owner relating to claims by foreign family member for trespass to try title, fraud, and constructive trust.
- Participated as part of contract drafting and negotiation team for major chemical manufacturer relating to the sale and storage of chemicals for international customer.
- Experience also includes comment and negotiation of master services agreement for commercial electrical contractor relating to work at chemical plant.
- Represented New York investment bank in suit by subsequent trustee relating to claims for civil conspiracy and breach of fiduciary duty for sale of publicly traded royalty trust assets.
- Represented brokers and broker dealers before the Financial Industry Regulatory Authority (“FINRA”) and its predecessor, the National Association of Securities Dealers (“NASD”), relating to customer disputes regarding claims for unsuitability, fraud, churning, unauthorized trading, breach of fiduciary duty, and breach of contract. Experience includes risk assessment and drafting case evaluation letters for use in discussions with client and insurance carrier for settlement and settlement authority.
- Represented various insurance brokers and independent registered representatives relating to claims stemming from the sale of various fixed and variable annuities, life insurance, disability, and long-term care products.
- Successfully tried arbitration before FINRA relating to customer dispute involving rogue broker’s recommendation of speculative investment outside the scope of his employment with broker dealer. All claims asserted against client dismissed with prejudice.
- Successfully tried arbitration before FINRA relating to former broker’s employment agreement and promissory notes with local broker dealer. After hearing arguments from both sides, panel awarded client full amount of unpaid principal, interest, and attorneys’ fees.
- Defended broker dealer from claims brought by individuals and corporations for fraud stemming from sale of auction rate securities.
- Hired by various broker dealers to enforce arbitration awards in state courts relating to employment agreements and promissory notes.
- Represented tax preparation service relating to claims of improper accounting practices.
- Represented major national insurance company with regard to first party insurance property damage claims for mold, water, hurricane, and fire damage. Experience includes drafting initial pre-suit reports, mediation reports, and status reports to client for case evaluation.
- Won summary judgment on behalf of national insurance company dismissing extra-contractual claims stemming from uninsured motorist coverage.
SPEAKING ENGAGEMENTS & PRESENTATIONS
- Forecasting Challenges in Design-Build Construction in light of Texas SB 219 and Material Price Escalation, 2022 Design-Build Institute of America Southwest Regional Conference, Oklahoma City, Oklahoma, April 2022
- The Biggest Issues Impacting Your Work in 2021 – 2022, 2021 Houston Contractors Association Management Conference, Key West, Florida, August 2021
MEMBERSHIPS & AFFILIATIONS
- South Texas College of Law Alumni Association, Director
- Board of Directors, Wilchester Men’s Club (a charitable non-profit 501(c)(3) focused on youth outreach, education, and neighbors in need in the areas of west Memorial and Spring Branch)
- State Bar of Texas
- United States District Court: Eastern, Southern & Western Districts of Texas