Michael D. Morfey

Michael is co-lead of the firm’s energy litigation practice and handles high-stakes commercial litigation, with an emphasis on energy, real estate, eminent domain, and construction matters. Whether prosecuting or defending claims, Michael brings an aggressive approach designed to achieve results. His 25 years of courtroom experience covers a vast array of complex legal issues that mirrors his broad-based practice overall.

Michael litigates cases covering a full range of industries and has specific experience defending clients in high-risk mass plaintiff and class action litigation, including matters involving claims of breach of contract, negligence, fraud, tortious interference, breach of fiduciary duty, trespass, nuisance, and other torts. He has tried cases at every court level in Texas where a civil case can be tried—state justice court, county court, and district court—as well as in federal district court and federal bankruptcy court.

Clients hire Michael for his trial advocacy skill, often as lead counsel shortly before trial, knowing he enjoys and excels at the presentation of live courtroom evidence. He is particularly adept at proceedings that involve requests for extraordinary relief, such as temporary restraining orders and preliminary injunctions. Cases of this nature play to his strength in quickly comprehending and efficiently assessing tough, complicated issues in a fast-paced environment.

Michael’s passion for advocacy extends beyond the courtroom to the classroom. He has taught courses on trial advocacy and deposition techniques at the University of Houston Law Center since 2002.

• Lead counsel defending E&P company in federal putative class actions relating to alleged underpayment and untimely payment of oil and gas royalties in the Eastern District of Oklahoma.
• Lead counsel defending E&P company in federal putative class actions regarding earthquakes in Oklahoma allegedly related to operation of saltwater injection wells.
• Lead counsel for one of the largest shale gas producers in federal putative class action involving over 20,000 putative class members suing for underpaid oil and gas royalties. Case was won on summary judgment without a class being certified.
• Lead counsel representing midstream company in dispute with an oil and gas producer regarding pipeline capacity and pricing.
• Lead counsel representing product manufacturer in suit against former corporate executive for violation of contractual confidentiality and non-compete obligations and misappropriation of trade secrets, among other allegations.
• Represented Texas-based electric cooperative in multi-million dollar arbitration against electricity supplier relating to the value of electricity supply contract and whether it was properly terminated. Case settled favorably to client.
• Lead trial counsel for publicly traded company bringing false advertising claims under Lanham Act against manufacturer of competing consumer product. Jury found in favor of client on all claims, awarded damages, and determined the competing company’s false claims were malicious, thereby allowing for recovery of attorneys’ fees.
• Lead trial counsel for publicly traded retailer where landlord sued retailer for vacating department store that suffered flood damage. Jury rejected all of landlord’s claims and awarded retailer full attorneys’ fees.
• Lead trial counsel for NASDAQ-traded technology company and its CEO in breach of fiduciary duty case brought by former sales executive. Case settled favorably to clients after jury selection and opening statement.
• Lead counsel for shale gas producer in federal putative class action involving saltwater disposal wells and the alleged migration of injected oilfield waste fluids.
• Lead counsel for a major shale gas producer in federal putative class action involving thousands of putative class members claiming miscalculation of royalties and underpayment. Defeated class certification and the case settled for a favorable amount soon thereafter.
• Lead trial counsel for one of the nation’s largest banks in wrongful foreclosure case involving a fleet of drilling rigs in the Permian Basin. The plaintiffs sought over $30 million in damages and recovered nothing at trial. Successfully defended the appeal of this take-nothing judgment and the Fifth Circuit Court of Appeals affirmed.
• Lead counsel representing former owner of offshore oil and gas wells against current owner seeking damages for costs to plug and abandon wells.
• Lead counsel for publicly traded REIT in construction dispute over mid-rise office building suffering water penetration from defective building envelope.
• Lead counsel for publicly traded E&P company in litigation against vendor over the fabrication of oilfield equipment, including separators and manifold skids.
• Co-lead counsel for major shale gas producer in federal putative class action involving alleged groundwater contamination and stray gas caused by hydraulic fracturing.
• Lead counsel for healthcare REIT in case against master-tenant of nine story medical office building. Won judgment for actual damages and attorneys’ fees.

• Named a Litigation Star, Texas, Benchmark Litigation, 2025
• Recognized as a Best Lawyer for Litigation―Construction (2024), The Best Lawyers in America
• Recommended for Energy Litigation: Oil and Gas (2023), Legal 500 United States
• Received the Service Award for Adjunct Faculty (2008), University of Houston Law Center

• The Joy School Endowment Fund, Board of Directors