Paul D. Clote

MEDIATION & ARBITRATION SERVICES IN COMPLEX COMMERCIAL DISPUTES.

Paul Clote was licensed as a Texas lawyer in 1977.  In the past few years, he has transitioned his commercial litigation practice solely to full-time mediation and arbitration services.  Thirty years ago, Paul Clote received his initial mediation training from the Association of Attorney Mediators (AAM).  Since then, he has continued to learn, practice and enhance his mediation skills;  in 2018 – 2019, he served as the national President of AAM.  Over time, Paul has mediated to conclusion 750+ cases.  He has served as a sole or panel arbitrator in multiple arbitration cases. 

Paul’s 40+ years of litigation practice involved commercial and business disputes across a broad variety of industries.  As a litigator, he tried to verdict state and federal court cases based on fiduciary duties; partnership termination and windup; oil/gas operating agreements; letters of credit; business fraud and civil theft; trust account funds; broker commissions; ERISA disability benefits; child abuse; FLSA minimum wage and overtime claims; and an election contest.  He has argued appeals in the 5^th Circuit, Texas Supreme Court and Texas Courts of Appeal.

Paul’s mediation experience includes the following types of cases:

• Oil/Gas (claims of defective pipe, operator and/or drilling errors; title issues; P&A and decommissioning costs; insurance coverages; farmout agreement disputes; audits and other JOA disputes; cost and quality issues of oilfield service providers’ work)
• Construction Contracts (claims of cost overruns and time delays; claims of defective materials and/or workmanship; surety bond claims; indemnity claims against subcontractors; liability of owners, builders, subs, architects and engineers)
• Landlord/Tenant & Real Estate (lease disputes, especially after March 2020 COVID lockdown; option contracts; claims of improper/inadequate disclosures by property sellers; title disputes)
• Labor/Employment (covenant not-to-compete claims; alleged breach of non-solicitation and/or confidentiality agreements; FLSA claims; discrimination and retaliatory discharge claims; FMLA claims)
• Intellectual Property (patent infringement claims; claim construction issues)
• Trade Secrets (state TUTSA and federal DTSA)
• Securities/Derivative Plaintiff Claims (state and federal fraud & misrepresentation claims)
• Health Care (physician contract disputes; surgical centers, dialysis centers and hospital disputes with co-owners; over-billing claims by insurers)
• Professional Negligence (claims against lawyers, engineers, architects, insurance brokers)
• Probate/Estate (undue influence; mental competence; trust agreement disputes; fiduciary claims)
• Business Divorces (for owners of law firms, restaurants and a plethora of service companies)

EXPERIENCE COUNTS.  RESULTS MATTER.  That is why diligence; preparation; persistence; and integrity are the hallmarks of Paul Clote’s ADR work.

Schedule a mediation with Paul by choosing a date below:

• Represented plaintiff in breach of fiduciary duty/fraud litigation against former attorneys and was awarded a $6 million jury verdict and a $3 million judgment entered on behalf of the plaintiff based on breach of fiduciary duty and fee forfeiture.
• Represented plaintiff in probate court litigation involving ownership of trust account funds. Jury verdict found for plaintiff and affirmed on appeal.
• Represented plaintiff in a long term disability claim against an insurance company where ERISA law required proof of abuse of discretion. Verdict found for plaintiff for wrongfully refusing to pay disability benefits and the case was affirmed by 5th Circuit on appeal.
• Represented plaintiffs in litigation involving physical and sexual assaults by defendant. The case was tried in Harris County state district court, resulting in a jury verdict of more than $20 million for plaintiffs.
• Represented ranch owner plaintiff against family members in a dispute involving transfers of family limited partnership interests.  Judgment entered rescinding transfers and restoring ownership of the ranch and business to plaintiff.
• Represented executor and sole beneficiary in will contest matter where adoption by estoppel was alleged by putative adoptee.  The case settled after jury selection.
• Represented plaintiff in civil RICO lawsuit based on multi-million dollar fraudulent invoices sold to plaintiff.  The case abated pending criminal investigation.

News

Publications

• Texas Super Lawyers, a Thomson Reuters service, Business Litigation and ADR (2007- 2021) 
• Listed in Best Lawyers©, Commercial Litigation and Arbitration (2015-2022)
• Voted 2021-2022 Top Lawyers by Houstonia Magazine

• American Bar Association (1977-present)
• American Board of Trial Advocates (Associate, Senior Life Fellow)
• Association of Attorney Mediators (President - 2018; 
  President-Elect, 2017; Past Treasurer)
• Board of Disciplinary Appeals (Chair 2008, Vice Chair 2007)
• Houston Bar Association (1977-present)
• Houston Bar Foundation (Sustaining Life Member) 
• National Academy of Distinguished Neutrals (2020-present)
• Order of Barristers; National Secretary (1975-1976)
• Texas Bar Foundation (Sustaining Life Member)
• Texas Mediator Credentialing Association (Credentialed Distinguished Mediator)