Elliot Clark

Elliot Clark is a shareholder in Winstead's Commercial Litigation and Construction practice groups. Elliot has been a trial lawyer for more than 20 years, focusing on complex commercial litigation cases and getting results for his clients. He is a first chair trial lawyer and has successfully argued appeals before state and federal courts of appeals. His practice covers a variety of commercial litigation areas, including large multi-party cases, construction disputes, real estate litigation, lender liability defense, landlord/tenant disputes, collections for financial institutions, insurance litigation, and complex commercial trial and appellate work.

Representative Experience

• Lead trial counsel for Electric Reliability Council of Texas, Inc. (“ERCOT”) in Multidistrict Litigation related to Winter Storm Uri involving hundreds of lawsuits
• Lead trial counsel and appellate counsel for ERCOT in dispute with Texas’ largest municipally owned utility over pricing of energy in wholesale market. ERCOT v. CPS Energy, 648 S.W.3d 520 (Tex. App.—San Antonio 2021)
• Co-counsel for ERCOT in adversary proceeding and two-week trial brought by Brazos Electric Power Cooperative, Inc. seeking to avoid $1.9 billion owed for energy purchased during historic winter event
• Obtained verdict after two-week jury trial involving dispute over offshore floating production unit
• Regional counsel handling landlord/tenant disputes for national company
• Trial and appeal of dispute over constitutionality of $87 million tax: Combs v. Texas Entertainment Ass’n, Inc., 347 S.W.3d 277 (Tex. 2011) (on remand) 
• Represented multiple state universities in multi-party litigation over defective construction 
• Successfully upheld favorable arbitration ruling over defective construction claim: GJR Management Holdings, L.P. v. Jack Raus, Ltd., 126 S.W.3d 257 (Tex. App.—San Antonio 2003) 
• Represented party on appeal to successfully overturn fraud judgment from jury trial. Rancho La Valencia, Inc. v. Aquaplex, Inc., 383 S.W.3d 150 (Tex. 2012) 
• Represented Texas county in dispute over international bridge project: City of Laredo v. Webb County, 220 S.W.3d 571 (Tex. App.-Austin 2007) 
• Represented Texas county in dispute relating to construction of government center 
• Successfully dismissed claim against lender trying to declare prepayment penalty in loan unenforceable: Parkchester Holdings, Inc. v. GE Life and Annuity Assur. Co., 2004 WL 1114490 (5th Cir. 2004) 
• Represented business in dispute with City over right of City to claim sovereign immunity for breach of contract claims: City of Houston v. United Water, 201 S.W.3d 690 (Tex. App.—Houston 2006)
• Construction litigation involving complex commercial projects
• Contested-case proceedings before the Public Utility Commission of Texas
• Complex commercial litigation including fraud claims, breach of fiduciary duty claims and tortious interference claims
• Appeals before the Texas Supreme Court, intermediate appellate courts and Federal appellate courts
• Litigation involving workout matters for financial institutions, debt collection, contract claims, DTPA claims, fraud and embezzlement claims, and tax collection matters