Lisa Vaughn Lumley focuses her practice on issues related to the oil and gas and real estate industries, as well as those affecting corporate governance, partnership and contract disputes which often arise in those industries. Her litigation experience is not limited to those issues, however, and has included disputes involving intellectual property, personal injury, business torts and all manner of written and unwritten contracts. Ms. Vaughn Lumley is admitted to practice before the U.S. District Court for the Northern, Southern, Eastern and Western Districts of Texas, and the Southern and Central Districts of California. She is licensed in Texas, having graduated from The Ohio State University College of Law. She is a member of the Texas Bar Association (Oil and Gas Section), the State Bar of Texas and Chair of the Business Litigation Section of the Tarrant County Bar Association.
Ms. Vaughn Lumley's determined pursuit of her clients’ success has earned her frequent invitations to write and speak on issues in energy-related litigation. In addition, she has been repeatedly sought out to teach trial advocacy techniques around the country for more than a decade.
Admissions & Certifications
State Bar of Texas (1991) State Bar of California (2004) U.S. District Court, Northern, Southern, Eastern and Western Districts of Texas U.S. District Court, Southern and Central Districts of California
Education & Background
The Ohio State University College of Law (J.D., with honors, 1991) Top 10% Order of the Coif Managing Editor, The Ohio State Law Journal Best Oral Advocate (judged by Supreme Court Justice Antonin Scalia) First Prize, OSU Nathan Burkan Memorial Writing Competition Donald B. Becker Memorial Award College of Law Academic Scholarship American Jurisprudence Award, 1990 Louisiana Tech University (B.A. in Journalism, 1987, magna cum laude) Adjunct Faculty, Louisiana State University Trial Advocacy Program
Professional Affiliations & Memberships
State Bar of Texas, Litigation and Oil, Gas & Energy Resources Law Sections (Pattern Jury Charge Amendment Committee) College of the State Bar of Texas Tarrant County Bar Association, Business Litigation Section (Chair, 2013; Vice-Chair, 2012); Energy Section (Past Chair) Tarrant County Bar Foundation, Fellow National Association of Royalty Owners Permian Basin Petroleum Association Texas Alliance of Energy Producers Texas Independent Producers & Royalty Owners Association Fort Worth Republican Women Women’s Energy Network (Past Officer) Fort Worth Wildcatters Club Fort Worth Petroleum Club (Past Officer) American Bar Association, Section of Environment, Energy & Resources; Energy & National Resources Litigation; Oil & Gas; Business Torts Litigation; Energy Litigation; Real Estate Litigation; Trial Evidence; Trial Practice; Commercial & Business Litigation Committee
Selected Achievements for Clients
After dispute arose as to surface damages and profitability of well, filed suit and obtained mineral lessee’s agreement to plug and abandon well, completely restore surface to pre-drilling state, and pay damages.
Won arbitration for client accused of fraud in selling his business, thus defeating more than $9 million in claims.
Won a jury trial for client accused of improperly constructing a home’s foundation, obtaining zero judgment.
Successfully negotiated large surface use compensation from mineral lessee for client who owned only the surface without necessity of suit.
Won a jury trial on behalf of home owners’ association enforcing dedications and restrictions; judgment included every dollar of attorney’s fees incurred by home owner’s association, as well statutory penalties.
Successfully obtained summary judgment dismissal of all claims, including fraud, tortious interference, intentional infliction of emotional distress and defamation, against law firm client.
Won arbitration enforcing an implied covenant in an agreement and collecting attorney’s fees.
Won defense verdict after 3-week jury trial awarding client, a manufacturing company, more than $100,000 and awarding nothing to plaintiff in case brought against client by product distributor alleging anti-trust and breach of contract claims totaling $29 million.
Obtained cancellation of fake deed that divested client of its mineral estate, permitting negotiation of mineral lease for client on terms far in excess of those previously granted under the fake deed.
Successfully recovered for clients a significant portion of the mineral rights they had accidentally – but clearly – conveyed away more than a decade before.
Helped client regain the entirety of the company he founded and built, expelling other 50% shareholder alleged to have been milking the company and making side deals.
Protected international client from a rogue executive that took all the corporate trade secrets and tried to sell them to a direct competitor: after two-day evidentiary hearing, obtained a court order enforcing a non-compete and prohibiting the executive from working for any competitor anywhere in the world.
Won jury verdict in small South Carolina city on behalf of Venezuelan national, even though case was against a large local company that employed hundreds.
Extracted $1 million, payable now, cash settlement offer from defendants after preparing and delivering lawsuit documenting federal RICO case.
Won significant concessions for clients negotiating gas leases by obtaining provisions that could dramatically increase payments and provide long-term protections of both mineral and surface value.
Achieved no-payment dismissal of all claims against group of real estate clients by pursuit of aggressive pre-trial strategy and detailed discovery. Plaintiffs had asserted tortious acts by all of the defendants that allegedly caused plaintiffs' business losses of approximately $1 million.
Won judgments against co-defendants while also achieving dismissal of plaintiff’s claims for actual and punitive damages asserted against client who had made accidental but unequivocally wrong pre-sale disclosure.
Increased healthcare services client’s ability to inexpensively and quickly collect on amounts owed to it and decreased potential liabilities by revising client’s previous contracts.
Obtained settlement for more than actual damages in shipping case, even in light of contract's damage limiting provisions, for less than $1,000 in fees.
Successfully negotiated small settlement and kept public notoriety to absolute minimum for client, an extremely well known entertainer, in a lawsuit brought by a former business partner over a failed business concept.
Structured settlement of lawsuit in which both parties profited from assisted re sale of the equipment that had caused the unhappy purchaser to sue the client manufacturer.
Publications & Presentations
“Land Survey Issues in Litigation”, presenting in November and December 2012 for a national oil and gas conference in San Antonio.
“A Litigator’s Perspective on Letter Agreements” for the National Association of Land Title Analysis in September 2012
“Quiet Title” for the Dallas Fort Worth Association of Land Title Analysts in August, 2012
Encore presentation for XTO of “What does the dominance of your mineral estate really mean?” Shannon Gracey Oil and Gas Seminar at the Ballpark, June 2011
“What does the dominance of your mineral estate really mean?” Shannon Gracey Oil and Gas Seminar at the Ballpark, May 2011
Instructor, Lecturer and Demonstrator of many National Institute for Trial Advocacy Programs, Texas, Louisiana, Colorado, Arizona
Presenting Speaker on the potential ramifications of forced pooling in the urban environment, Texas Wesleyan April 2009 Symposium on Urban Drilling
Presenting Speaker, "How to Prepare for, Begin, and Complete a Deposition for Maximum Effectiveness," Phoenix, Arizona
Presenting Speaker, "Techniques for Learning Information from Potential Jurors," Baton Rouge, Louisiana
Presenting Speaker, "New Facets Of Old Alternatives For Unleased Mineral Interests," Texas Wesleyan Shale Drilling Symposium, Spring 2009
Presenting Speaker, “Effective Cross-Examinations of Fact Witnesses,” New Orleans 2009
Presenting Speaker on the technique of operators using the Mineral Interest Pooling Act to address Fort Worth leasing difficulties at the Legends Luncheon and Symposium in Fort Worth, April 2009
Presenting Speaker, "Oil and Gas Disputes: What You Don't Prepare For, Could Lead to Litigation" at the Shale Energy Breakfast Symposium, Fort Worth, October 2009
Presenting Speaker, “Oil and Gas Disputes,” at Oil and Gas Seminar, Dallas, August 2009
Presenting Speaker, “Oil and Gas Litigation” at the Halfmoon Seminars’ Oil and Gas Ownership, Regulation and Litigation Seminar, Arlington, Texas, July 2009
Presenting Speaker, “Impact of Modern Drilling on the Ancient Conflict Between the Surface and Mineral Estates,” Texas Wesleyan Energy Symposium, April 2010
Presenting Speaker, “Pooling in Texas,” Halfmoon Seminars’ Texas Conservation, Capture, Pooling and Unitization Seminar, Arlington, July 2010
Presenting Speaker, “Letter Agreements in the Texas Oil and Gas Industry,” Advanced Oil, Gas & Energy Resources Law Course, September, 2010
“Liability Accruing from the Survey of Mineral Interests in Texas,” Texas Society of Professional Surveyors,” March 2010
“Use of Pooling Act Changes as Drilling Goes Urban,” Fort Worth Business Press, June 2009
“Oil And Gas Disputes: Better Known As, When What Can Go Wrong, Does Go Wrong,” Fort Worth Business Press, July 2009
“Oil and Gas Disputes: Stacking the deck in your favor,” Fort Worth Business Press, November 2009
“Is the mineral estate losing the upper hand in Texas?” Fort Worth Business Press, November 2009
“New Facets of Old Alternatives for Unleased Mineral Interests,” Texas Wesleyan Bar Journal, Fall 2010
“Texas Supreme Court adds Bullets to Russian Roulette of Buying/Selling Mineral Rights,” Powell Barnett Shale Newsletter, April 2010
“Don’t be Shut-Out by Your Shut-In Clause,” Fort Worth Business Press Energy Report, Summer 2010
“One for All and All for All? Pooling and Other Groupings of Mineral Interests in Texas,” July 2010
“The Trouble With Letter Agreements: A Litigator’s Perspective,” Advanced Oil, Gas & Energy Resources Law Course, September, 2010
Presenting Speaker, “Pooling & Spacing Issues That Could Land You in the Courthouse,” September, 2011
Presenting Speaker, “Case Law Update,” Shannon Gracey Oil & Gas Seminar 2010, September 2011
“Should Unpublished Works Be Unfair Game?,” 51 OHIO ST. L.J. 5, 1990
“A House, A Nation, and a Theory of Government Divided: The Lincoln-Douglas Debates, published in READING LEGAL CLASSICS, 1990
Personal Biography
Lisa spends much of her free time pursuing one of her favorite passions, race car driving. She is a member of the BMW Car Club of America, BMW-CCA Club Racing, Mercedes-Benz Club of America; and Porsche Club of America. She has also volunteered for Doberman Rescue of North Texas, an organization that specializes in seeking permanent, loving homes for rescued Dobermans; she has previously volunteered as an organizer and speaker at a Women's Chamber of Commerce Money & Power Conference; and been Race Chair for the Susan G. Komen Breast Cancer Foundation's Austin Race for the Cure.
When asked about her legal career, Lisa says “as a trial attorney and amateur race car driver, I understand the importance of being aggressive at the right time and place, of making the right decision under pressure, and of striving to finish first. I attribute my success to an absolute dedication to my clients’ best interests, combined with the skills and experience I’ve developed in an array of disputes that have affected nearly every aspect of my clients’ business interests. And because court trials should always be a last resort, I leverage my trial experience into “litigation mitigation” in which I assist clients in reducing the costs and risks of lawsuits in the first place by preparing or revising their agreements and procedures.”
