About Andrew Russell

Andrew Russell is Senior Litigation Counsel at Marshall Presley & Pipal PLLC (MPP). He has over 20 years of national and international litigation and trial experience in nearly all areas of commercial disputes. His primary practice has concentrated on complex litigation in the corporate arena, including merger and acquisition transactions; valuation of large energy-producing and processing assets (such as energy plants and oil refineries) for tax and other purposes; complex insolvency cases; officer and director liability; corporate fraud; and other complex business matters. His clients have ranged from Fortune 500 companies to privately held businesses and individuals, and he is frequently engaged on matters involving complex financial structures, cross-border issues, and parallel proceedings in multiple forums. Such matters involve litigation before federal, bankruptcy, and state courts; administrative agencies; and domestic and international arbitration tribunals across the United States and abroad.

At MPP, Mr. Russell represents companies, officers, directors, and investors in high-stakes business disputes, including fiduciary duty claims, partnership and shareholder conflicts, energy and bankruptcy-related litigation, construction and commercial disputes, and insurance coverage disputes. His practice spans every phase of the litigation lifecycle, from pre-suit investigation and risk assessment through discovery, dispositive motion practice, trial, and appeal. He is equally comfortable working as part of a broader trial team on complex, multi-forum cases.

Mr. Russell grew up in southwest Arkansas where he played basketball, football, and track. After high school, he attended Texas A&M University, where he graduated with distinction with a B.A. in English and minors in Finance and History. After college, he attended Baylor University School of Law, graduating cum laude and third in his class. While attending law school, Mr. Russell served as Technical Editor of the Baylor Law Review, President of the Harvey M. Richey Moot Court Society, and Team Captain and winner of the Texas State Administrative Law Competition.

Mr. Russell enjoys serving his community, including volunteering with children and adults with special needs and organizing food pantries for those in need.

Areas of Practice

• Commercial and Business Litigation
• Construction Litigation
• Energy Asset Valuation Disputes
• Bankruptcy Litigation
• Fiduciary Litigation
• Insurance Coverage Disputes
• Civil Litigation

Education

• JD., Baylor University School of Law, 2002 (cum laude, third in class)
• Technical Editor of the Baylor Law Review; Team Captain, Baylor Moot Court State Administrative Law Competition; President of the Harvey M. Richey Moot Court Society
• B.A., Texas A&M University, 1999, with distinction

Admissions

• State Bar of Texas
• U.S. District Court, Northern District of Texas
• U.S. District Court, Southern District of Texas
• U.S. District Court, Western District of Texas
• U.S. District Court, Eastern District of Texas
• United States Court of Appeals for the Fifth Circuit
• United States Supreme Court

Significant Representations

• Plaintiff Astra Oil, a Netherlands Corporation, against Petrobras Brazil and its subsidiaries regarding a dispute over the ownership and value of a Texas refinery in international arbitration and state and federal courts in Texas.
• Defendant VarTec Telecom against Teleglobe in international arbitration in Washington, D.C. regarding the value of a subsidiary and certain indemnity rights.
• Plaintiff Energy Future Holdings regarding the taxable value of six coal plants and one nuclear plant in Texas. Each were separate matters in various Texas counties and involved valuing the energy-producing assets for property tax purposes. The vast majority of the matters settled with substantial savings to the client, and the case regarding the value of the nuclear plant was tried to the bench.
• Plaintiff Wistron Taiwanese Corporation regarding breach of contract and fraud relating to the sale of cellular hardware.
• Plaintiff American Airlines in a trial before an administrative tribunal regarding whether certain assets were exempt from sales and use tax.
• Plaintiff ASCAP in a trial before an administrative tribunal regarding whether certain licenses were taxable under Texas law.
• Plaintiff Microsoft regarding the taxable value of various data centers located in Texas.
• Nestle Waters in various disputes relating to distribution rights and other contractual matters.
• Defendant Sysco Foods in Adversary proceeding pending in Delaware Bankruptcy Court regarding alleged preferential payments under the Bankruptcy Code.
• Defendant Ericsson in Adversary proceeding pending in Texas Bankruptcy Court regarding alleged preferential payments under the Bankruptcy Code.
• Defendant Hewlett Packard Financial Services in Adversary proceeding pending in Illinois Bankruptcy Court regarding alleged preferential payment under the Bankruptcy Code.
• Tyler Technologies in several state courts and arbitrations regarding numerous technology issues relating to Tyler Technologies suite of services to state and local government entities.
• Defendants Bank of America and Citi Bank in various state and federal court proceedings regarding fair debt collection and related issues.
• Defendant Citi Bank in various state and federal court proceedings regarding fair debt collection and related issues.
• Fiduciary consulting firms in numerous pre-trial issues relating to anti-competition issues.
• Defendant doctors in Texas state court in several breach of guarantee cases, which resulted in substantial savings to the clients.
• Defendant doctors in Texas state court regarding the value of various business interest, which involved breach of contract, fraud and conspiracy claims.