Brockway michelle web

Michelle Brockway

Senior Counsel
Office

Houston

909 Fannin Street
Suite 2300
Houston, TX 77010
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Fax: 832.397.3514
Education
J.D., South Texas College of Law, Houston, Texas, 2010, Valedictorian; Law Review
M.F.A., Vermont College of Fine Arts, Montpelier, Vermont, 2000
M.A., University of Houston, Houston, Texas, 1990
B.A., summa cum laude, University of Houston, Houston, Texas, 1983
State Bar Licenses
Texas
Court Admissions
U.S. District Ct., E.D. of Texas
U.S. District Ct., S.D. of Texas

Michelle Brockway

Senior Counsel

Michelle Brockway represents corporate and healthcare clients in commercial and shareholder disputes. Typical cases involve complex contractual matters, disputes over shareholder rights, and controversies between healthcare providers involving contractual issues as well as healthcare-specific concerns such as fraud and abuse and physician covenants not to compete.

EXPERIENCE

COMMERCIAL LITIGATION AND BUSINESS DISPUTES

  • Obtained summary judgment in favor of shareholders in closely-held corporation on breach of informal fiduciary duty, derivative, and conspiracy claims.
  • Served on a litigation team that obtained a jury verdict in favor of manufacturer client in a federal court products liability suit.
  • Obtained temporary restraining order freezing significant funds in multiple bank accounts in civil fraud case involving falsified deeds and multimillion-dollar loans.
  • Represented a bank against breach of contract and fraud claims arising out of the bank’s purchase of a mortgage company and the sellers’ employment agreements.
  • Forced a nonsuit of litigation filed in federal court by an international plaintiff against an energy company for injuries that occurred overseas.
  • Represented the adult children of a deceased investor in a securities-fraud lawsuit.

HEALTHCARE DISPUTES

  • Obtained summary judgment on behalf of healthcare entity in a dispute with a managed care company that had sought recoupment of out-of-network payments.
  • Represented founding physician of medical practice in dispute over buy-out rights.
  • Represented ambulatory surgery center and affiliated individuals and companies against a physician group in a suit involving issues related to partnership rights and obligations, medical staff bylaws, and scope of practice of healthcare providers.
  • Represented a medical advisory company in a suit filed against it and a commercial airline by a passenger in a dispute governed by an international treaty.
  • Represented the seller of an herbal supplement in a personal injury suit filed by a disgruntled customer.
  • Represented a physician in a dispute over a hospital recruitment agreement.
  • Represented a behavioral health provider against an insurance company in a dispute involving reimbursement rates.
  • Assisted physician clients in responding to Civil Investigation Demands.

OTHER LITIGATION AND LEGAL EXPERIENCE

  • Served as assistant general counsel at Amegy Bank. 
  • Represented multiple banks in suits against defaulting commercial loan borrowers.
  • Obtained an agreed judgment on behalf of a bank against an international fraudster.
  • Obtained a take-nothing judgment on behalf of banking client in an action governed by Chapters 3 and 4 of the Texas Business & Commerce Code.
  • Defended bank client in lawsuit filed by former business partners.
  • Intervened in a lawsuit to obtain orders expunging wrongfully filed lis pendens, paving the way for client financial institution to close on sales of real property.
  • Represented a trustee in a breach of fiduciary duty suit filed by an elderly beneficiary.
  • Participated in litigation teams defending and prosecuting trademark infringement allegations.
  • Represented software company in trade secrets case.

PUBLICATIONS

  • Texas OIG Turns Over New Leaf: MCOs Must Turn Attention to SIUs, Clark Hill Strasburger's Healthcare Industry Online (August 2017)
  • CMS (And Everyone Else) Is Watching Providers' Reimbursements, Clark Hill Strasburger's Healthcare Industry Online (June 2016)
Awards/Achievements
Named among Texas Rising Stars by Thomson Reuters (2018)
Memberships
American Health Lawyers Association, Member
Association of Women Attorneys, Member
Brigid's Hope, Volunteer
Houston Community College Foundation, Opportunity 14 Development Council Member