Dwain Gregory Capodice II

Areas of Concentration

• Toxic Tort, Mass Tort, and Catastrophic Incident Litigation
• eDiscovery
• Labor and Employment Law
• Commercial Litigation

Experience

Dwain Capodice joined Fernelius Alvarez Simon PLLC in June 2011.  Previously, Dwain was an associate at a well-respected labor and employment law litigation boutique.  During his more than 14 years as an attorney, he has reviewed more than a million pages of complex documentation in some of the country’s most high-profile matters.  Dwain has extensive litigation experience practicing before state and federal courts and administrative tribunals. 

He has helped his clients obtain a number of notable results, including:  

• Defended an international energy company in a four-week trial in Federal Court in which four plaintiffs requested a combined $252 million in damages for alleged exposure to material that escaped storage tanks.  The jury determined that the firm’s client was not grossly negligent and only awarded $14,500 in total damages.
• Obtained summary judgment on behalf of an international energy company against a subsequent purchaser of a mineral interest for indemnity from a legacy lawsuit after a claim was brought seeking to clean up alleged production-related contamination on the property.
• Successfully represented an international energy company in multiple bellwether trials in a 50,000-plaintiff multidistrict litigation involving alleged exposure and injuries from a complex oil refinery.  The company obtained two favorable defense verdicts.
• Obtained a favorable verdict on behalf of a software company during a bench trial in connection with an employment-related breach of contract case.
• Successfully represented an international energy company in 700+plaintiff federal jury trial involving alleged exposure and injuries from a complex oil refinery.  The company obtained a favorable defense verdict.
• Represented an international energy company in connection with a fire at its Wyoming refinery. 
• Represented an oilfield products and services company in its internal investigation into violations of the Foreign Corrupt Practices Act (FCPA).
• Obtained a favorable verdict on behalf of a landlord during a bench trial in connection with a breach of contract case.
• Represented the victim of a collision between her car and an 18-wheeler that resulted in a full neck fusion and obtained a favorable settlement for the victim.
• Successfully represented a family in a wrongful death claim against a bar under the Texas Alcoholic Beverage Code’s Dram Shop provisions.
• Represented a co-owner of a small business in a management dispute with a multinational company over the operation of the business, including allegations of mismanagement and breach of fiduciary duty. Case settled after one day of trial.
• Represented a pipeline-service company in connection with an investigation by state and federal governmental agencies into cost overruns in its reconfiguration efforts.

Currently, Dwain’s practice focuses on catastrophic incident and environmental litigation, as well as eDiscovery matters.     

Professional Activities and Memberships

• State Bar of Texas
• Houston Bar Association
• American Bar Association

Publications

• “Offending Behavior:  How to Handle Harassment On and Off the Clock,” Growth Magazine, March 2005.
• “Minimizing the Risk of Litigation by Former Employees,” Growth Magazine, September 2005.

Educational Background

2001 - Juris Doctor, University of Houston Law Center

1998 - Bachelor of Science, Civil Engineering, University of Texas

Dwain was admitted to practice law in Texas in 2001 and is also admitted to practice before the U.S. District Court for the Southern District of Texas.

Interests

Dwain enjoys poker, golf and attending both college and professional sporting events. He is currently the Fan Blogger for the Houston Chronicle, covering soccer and is a regular contributor on the Keeper Notes Soccer Show.