Michael H. Bernick
Partner, Houston
Practice Areas
Experience
- Banking Litigation
- Energy Litigation
Biography
Mike Bernick focuses his practice on commercial litigation matters with an emphasis on energy and banking. He helps clients with complex judgment enforcement, fraud and fraudulent transfers, wire fraud litigation, mergers and acquisitions litigation, and energy-related disputes.
Primarily, he represents energy clients, including commodity traders, major exploration and production (E&P) companies, midstream companies, and creditors and lenders. He also advises banks, financial institutions, and lenders in disputes with debtors and co-creditors with post-judgment collection and fraudulent transfer issues. Mike has aided in recovering millions of dollars through post-judgment collection.
Outside of his practice, Mike has helped clients pursue asylum claims and represented individuals with civil rights issues through Lambda Legal. He currently serves on the board of AFA, Houston’s largest non-profit music education organization serving over 3,000 Houston-area students each year.
Education
B.B.A., cum laude, Texas Christian University
J.D., Baylor Law School
Bar Admissions
Texas
Court Admissions
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Eastern, Northern, Southern, and Western Districts of Texas
Reported Decisions
- BP Energy Co. v. Glob. Health Tech. Grp., LLC, No. H-19-3243, 2020 U.S. Dist. LEXIS 185840 (S.D. Tex. Oct. 7, 2020).
- Anthony v. GE Capital Retail Bank, 321 F. Supp. 3d 469 (S.D.N.Y. 2017).
- MBM Family Trust No. 1 v. GE Oil & Gas, LLC, No. 05-20-01103-CV, 2021 Tex. App. LEXIS 7698 (Tex. App.—Dallas Sep. 17, 2021, no pet.)
Representative Experience
- Trial counsel for global commodity trading house in multi-day bench trial adversary proceeding; prevailed on proving state court judgment was not dischargeable under Sections 523(a)(2)(A) and 523(a)(6).
- Obtained defense verdict completely in favor of bank client in federal court against claims of breach of fiduciary duty arising from trust indenture.
- Member of trial team securing a jury verdict of no liability against international Indian steel manufacturer client sued for more than $32 million in Harris County, Texas, for damages resulting from alleged failure of horizontal portion of hydraulic fracturing well.
- Obtained $46.6 million summary judgment for energy client on breaches of guaranty agreements. Matter settled favorably after post-judgment enforcement efforts.
- Represented international food distribution company in pursuing $16 million of breaches of representations, warranties, and covenants made in stock purchase agreement.
- Represented major E&P company in wrongful death lawsuit arising from the collapse of a dirt trench. Case settled favorably for client.
- Successfully argued summary judgment motion on banking client’s claims for breach of guaranties securing a $2.2 million deficiency balance on a real estate loan.
- Defended the NCAA in the nation’s first ever chronic traumatic encephalopathy (CTE) case to go to trial.
- Obtained dismissal of complex $1.5 million fraudulent transfer and fraud claims brought against a banking client after drafting plea to the jurisdiction on standing issues.
- Successfully defended financial institution against $1 million lender-liability claims for fraud, negligent misrepresentations, breach of contract, and conversion.
- Represented exploration and production company in dispute arising from well services performed during re-entry, completion, and stimulation work.
- Defended financial institutions on alleged violations of the Fair Debt Collection Practices Act (FDCPA), Fair Credit Report Act (FCRA), Telephone Consumer Protection Act (TCPA), and state debt collection practices statutes.
- Successfully argued motion to dismiss under Texas Rule of Civil Procedure 91a.
- Obtained summary judgment in federal court for defendant in products liability case involving alleged product defects in a lawnmower battery.
- Successfully argued summary judgment motion on products liability claims brought against client that designed, manufactured, and sold gym equipment.
- Represented financial institution in prosecution of fraudulent transfer and conspiracy claims arising from judgment-debtor’s post-judgment activities.
- Represented manufacturer of rollercoaster trains in wrongful death dispute involving claims of strict products liability (design defect, manufacturing defect, and marketing defect).
- Successfully defended manufacturer of recreational boat motor in products liability case brought in federal court in Texas.
- Represented fried-chicken restaurant franchisor and its affiliates in dispute with former CEO and franchisees.
- Utilized myriad of post-judgment collection devices to realize full recovery for financial institution client.
- Texas Super Lawyer, Super Lawyers by Thomson Reuters, 2024
- “Texas Rising Star” for Business Litigation, Super Lawyers by Thomson Reuters, 2017-2021
- “On the Rise” Honoree, Texas Lawyer, 2020
- Eagle Scout
- Co-Author, “Emerging litigation trends are a warning: Assess and mitigate risks preemptively,” Energy and Commodities Outlook 2023 (May 2023)
- Co-Author, “Texas courts grapple with Winter Storm Uri force majeure claims under the NAESB,” Client Alert (May 2023)
- Speaker, “Mitigating risks during the energy transition,” Energy and Commodities Conference (April 2023)
- “Co-Author, “Section 38.001 now allows recovery of attorneys’ fees against LLCs and partnerships,” Client Alert (September 2021)
- Author, “Rise in Royalty Class Actions Puts Spotlight on Post-Production Costs,” Texas Lawyer (February 2021)
- Author, “Preparing for and Defeating Wage & Hour Class Action Certifications as an Energy Company,” Texas Lawyer (January 2021)
- Speaker, “Current and anticipated litigation trends and risks for the oil and gas industry,” Energy and Commodities Conference (October 2020)
- Co-Author, “Settlement Letters Regarding Time-Barred Debts ‘Misleading’ Under FDCPA,” Credit Alert (June 2014)
- Co-Author, “Litigation Update,” McLennan County Bar Association (January 2011)
- Leadership Houston – Class XXXIV
- TCU Neeley Alumni Executive Board – Houston Committee Co-Chair
- 1836 Fest – Co-Founder
- State Bar of Texas
- Houston Bar Association
- Texas Young Lawyers Association
- Houston Young Lawyers Association
September 17, 2024
Attorney News
Jackson Walker Congratulates Its “Texas Super Lawyers” of 2024
Jackson Walker proudly announces the selection of 71 attorneys to Thomson Reuters’ 2024 “Texas Super Lawyers” list.
Each year, less than 5% of attorneys in Texas are named to the list. Selection is based off of peer nominations that are then reviewed by a research team. Each nominee is evaluated on his or her professional accomplishments, peer recognition, and community involvement.
September 19, 2023
Attorney News
Jackson Walker Congratulates Its “Texas Super Lawyers” of 2023
Each year, less than 5% of attorneys in Texas are named to the list. Selection is based off of peer nominations that are then reviewed by a research team. Each nominee is evaluated on his or her professional accomplishments, peer recognition, and community involvement.
July 17, 2023
Attorney News
Jackson Walker Expands Litigation Practice With Addition of Mike Bernick
Jackson Walker is pleased to announce that Michael H. Bernick has joined as a partner in the Trial & Appellate Litigation practice in Houston. His practice focuses on commercial litigation with an emphasis on energy and banking matters.
Practice Experience
Reported Decisions
- BP Energy Co. v. Glob. Health Tech. Grp., LLC, No. H-19-3243, 2020 U.S. Dist. LEXIS 185840 (S.D. Tex. Oct. 7, 2020).
- Anthony v. GE Capital Retail Bank, 321 F. Supp. 3d 469 (S.D.N.Y. 2017).
- MBM Family Trust No. 1 v. GE Oil & Gas, LLC, No. 05-20-01103-CV, 2021 Tex. App. LEXIS 7698 (Tex. App.—Dallas Sep. 17, 2021, no pet.)
Representative Experience
- Trial counsel for global commodity trading house in multi-day bench trial adversary proceeding; prevailed on proving state court judgment was not dischargeable under Sections 523(a)(2)(A) and 523(a)(6).
- Obtained defense verdict completely in favor of bank client in federal court against claims of breach of fiduciary duty arising from trust indenture.
- Member of trial team securing a jury verdict of no liability against international Indian steel manufacturer client sued for more than $32 million in Harris County, Texas, for damages resulting from alleged failure of horizontal portion of hydraulic fracturing well.
- Obtained $46.6 million summary judgment for energy client on breaches of guaranty agreements. Matter settled favorably after post-judgment enforcement efforts.
- Represented international food distribution company in pursuing $16 million of breaches of representations, warranties, and covenants made in stock purchase agreement.
- Represented major E&P company in wrongful death lawsuit arising from the collapse of a dirt trench. Case settled favorably for client.
- Successfully argued summary judgment motion on banking client’s claims for breach of guaranties securing a $2.2 million deficiency balance on a real estate loan.
- Defended the NCAA in the nation’s first ever chronic traumatic encephalopathy (CTE) case to go to trial.
- Obtained dismissal of complex $1.5 million fraudulent transfer and fraud claims brought against a banking client after drafting plea to the jurisdiction on standing issues.
- Successfully defended financial institution against $1 million lender-liability claims for fraud, negligent misrepresentations, breach of contract, and conversion.
- Represented exploration and production company in dispute arising from well services performed during re-entry, completion, and stimulation work.
- Defended financial institutions on alleged violations of the Fair Debt Collection Practices Act (FDCPA), Fair Credit Report Act (FCRA), Telephone Consumer Protection Act (TCPA), and state debt collection practices statutes.
- Successfully argued motion to dismiss under Texas Rule of Civil Procedure 91a.
- Obtained summary judgment in federal court for defendant in products liability case involving alleged product defects in a lawnmower battery.
- Successfully argued summary judgment motion on products liability claims brought against client that designed, manufactured, and sold gym equipment.
- Represented financial institution in prosecution of fraudulent transfer and conspiracy claims arising from judgment-debtor’s post-judgment activities.
- Represented manufacturer of rollercoaster trains in wrongful death dispute involving claims of strict products liability (design defect, manufacturing defect, and marketing defect).
- Successfully defended manufacturer of recreational boat motor in products liability case brought in federal court in Texas.
- Represented fried-chicken restaurant franchisor and its affiliates in dispute with former CEO and franchisees.
- Utilized myriad of post-judgment collection devices to realize full recovery for financial institution client.
Recognition & Accolades
- Texas Super Lawyer, Super Lawyers by Thomson Reuters, 2024
- “Texas Rising Star” for Business Litigation, Super Lawyers by Thomson Reuters, 2017-2021
- “On the Rise” Honoree, Texas Lawyer, 2020
- Eagle Scout
Publications & Speeches
- Co-Author, “Emerging litigation trends are a warning: Assess and mitigate risks preemptively,” Energy and Commodities Outlook 2023 (May 2023)
- Co-Author, “Texas courts grapple with Winter Storm Uri force majeure claims under the NAESB,” Client Alert (May 2023)
- Speaker, “Mitigating risks during the energy transition,” Energy and Commodities Conference (April 2023)
- “Co-Author, “Section 38.001 now allows recovery of attorneys’ fees against LLCs and partnerships,” Client Alert (September 2021)
- Author, “Rise in Royalty Class Actions Puts Spotlight on Post-Production Costs,” Texas Lawyer (February 2021)
- Author, “Preparing for and Defeating Wage & Hour Class Action Certifications as an Energy Company,” Texas Lawyer (January 2021)
- Speaker, “Current and anticipated litigation trends and risks for the oil and gas industry,” Energy and Commodities Conference (October 2020)
- Co-Author, “Settlement Letters Regarding Time-Barred Debts ‘Misleading’ Under FDCPA,” Credit Alert (June 2014)
- Co-Author, “Litigation Update,” McLennan County Bar Association (January 2011)
Community Involvement
- Leadership Houston – Class XXXIV
- TCU Neeley Alumni Executive Board – Houston Committee Co-Chair
- 1836 Fest – Co-Founder
- State Bar of Texas
- Houston Bar Association
- Texas Young Lawyers Association
- Houston Young Lawyers Association