Daniel Charest

Partner

Daniel developed elite trial skills on the front lines of high-stakes litigation. After his federal appellate clerkship, Daniel joined a nationally-recognized litigation boutique firm, where he became a partner as a result of successfully running and trying complex cases. He co-founded Burns Charest to build a unique set of skilled trial-oriented lawyers.

Daniel’s experience in complex actions has honed his approach into effective, efficient lawyering. There is no playbook. He combines work ethic, smarts, and strategic thinking to achieve the client’s goals. Daniel is equally comfortable in a courtroom talking to a judge or jury, in a boardroom talking to executives, or on a gravel road talking to witnesses. In each case, Daniel brings his real-world experience developed from working in leadership roles in industry at a young age that involved travel all over the globe and required cooperation with all forms of culture and character.

And, last but not least, Daniel is a proud husband to Melanie and father to Madeline and John.

 

 

 

 

Clients Talk about Daniel

Jason Doughty, Senior Vice President and General Counsel of Kosmos Energy:

I recommend Daniel Charest without reservation for handling high-stakes litigation. Daniel is one of the hardest working, most talented, and easiest to work with trial attorneys I have come across.

Ryan Turner, Founder and Managing Partner of Stronghold Resource Partners:

Daniel and Burns Charest handle virtually all of my litigation needs, and they do so with great results. Having Daniel on my team provides a commercial advantage to me, our firm, and our portfolio companies. Daniel brings strategic thinking, intelligence, and an intense work ethic to each case. His experience in oil and gas litigation lets us get to the key issues immediately.

Jacob Cherner, President of CSG Investments:

Daniel did great work on our multi-billion-dollar case. Daniel’s representation was diligent and tenacious. Daniel is very hard working and this attribute coupled with his unique insight was of significant assistance to us in our case.

David Brooks, Chief Operating Officer and General Counsel of Ashford Hospitality Trust:

Daniel is the kind of lawyer I need in difficult, time constrained matters. Tenacious, aggressive but practical. He is looking out for client’s interests at all times. Decisive and prepared, what else can I say?

Timothy M. Walsh, Executive Vice President and General Counsel, C & C North American:

I have always been impressed with your legal abilities. You are a smart, thorough attorney and you always have a firm grasp of the big picture and objectives of the litigation as well as being on top of all the small details. You are very easy to work with and very responsive. What I like best about you, though, is you are very creative and I feel that you truly have my (the client’s) best interests in mind. You have come up with some great strategies in a couple of our cases that have allowed us to get out of the matter early.

Client from personal injury and wrongful-death case:

Due to our difficult circumstances, I have been at a loss as to how to convey our deepest gratitude to you for the manner and expertise in handling our case both personally and professionally. Your understanding and compassion for our tragedy aided us in getting through a devastating period of time. As we continue to try to recover, we will be eternally grateful for the support that you provided.

Judges Talk about Daniel

Honorable Ed Kinkeade, U.S. District Court for the Northern District of Texas:

[A]ll of y’all had really good representation, which you have to know. These are very good lawyers that did an excellent job regardless of the outcome in this case. And I don’t see that all the time. I get a lot of big firm crummy lawyers from time to time, but these guys really know what they were doing.

Honorable Keith P. Ellison, U.S. District Court for the Southern District of Texas:

I have been on the bench 19 years and I have dealt with my fair share of bankruptcy cases. I have never had such talented advocates before me, and I’m grateful for that. Kudos to both sides.

Arbitrator William Keffer, after the conclusion of an AAA Arbitration:

So I’d like to thank the parties and their counsel for excellent work, hard work, very challenging schedule, and you guys really rose to the occasion. I appreciate it very much. I know tempers got short and people get tired, but I appreciate the job everybody did.

Arbitrator Susan Soussan, after the conclusion of an ICDR Arbitration:

I think the clients ought to know that your lawyers have done a superb job. No matter how this comes down, they have done an excellent job in the presentation of the evidence and in the submission of documents to us, and that’s really important, I think, for clients to understand, and I commend the trial team of both sides.

High-Stakes Litigation—Reality, not a Slogan

Daniel’s body of work reaches beyond any particular practice area. He has handled matters involving antitrust, breach of contract, oil and gas, business torts, like trade secret misappropriation and unfair competition, consumer protection issues, class actions, fraud, insurance bad faith, and wrongful death. His work has taken place across the United States, federal and state courts from coast to coast with plenty of places in between, and beyond to international arbitrations reaching across the globe. Daniel’s docket has involved procedural and jurisdictional challenges such as removal and remand, class certification, transfers, temporary restraining orders, temporary injunctions, arbitrations, and appeals.

Daniel’s active docket includes a wide array of subject matter:

  • Daniel works on “the largest Fifth Amendment takings cases in history,” In Re Upstream Addicks and Barker (Texas) Flood-Control Reservoirs, Sub-Master Docket No. 17-cv-9001L (Fed. Cl.), in which Daniel serves as the Court-appointed co-lead counsel for discovery and trial of Hurricane Harvey upstream flood victims.
  • Daniel quarterbacks both an international arbitration and a Texas State Court action in a fight over rights to a deep-water offshore drilling block off the coast of Africa (though we can’t tell you where—yet!), in which Daniel’s efforts resulted in obtaining both a temporary injunction in Texas State Court and similar emergency relief from the ICC arbitrator in London to preserve the asset for the client.
  • Daniel handles Antero Resources Corp. v. C&R Downhole Drilling Inc., No. 3:15-cv-03885-L (N.D. Tex.), on behalf of a major oil and gas operator in the Marcellus Shale and Utica Shale asserting multi-million-dollar claims of fraudulent billing against an oilfield service provider.
  • Daniel successfully handled a multi-million-dollar claim in the Cobalt International Energy bankruptcy proceeding, Whitton Petroleum Services Ltd. v. Tavakoli, Plan Administrator (In re: Cobalt Int’l Energy, Inc.), Case No. 17-36709(MI), Adv. No. 18-03172, while overseeing not only an international arbitration to validate the claim amount but also an adversary proceeding to challenge the characterization of six billion dollars as intercompany payables and over two billion dollars as intercompany receivables.
  • Daniel applies his extensive oil and gas royalty experience while acting as co-liaison counsel for In re: Chesapeake Barnett Royalty Litigation #2, MDL No. 48-000000-15 (48th District Court, Tarrant County, Texas), in which he represents royalty plaintiffs, including the largest royalty buyers in the Barnett Shale and mineral owners, including the largest mineral owner in the United States.
  • Daniel’s oil and gas practice extends from the Eagle Ford Shale, to the Permian Basin, to the Anadarko Basin, and beyond. His practice focuses on the business-facing issues of the oil and gas industry. Examples include Dodge Resource Partners, LLC v. Zahav Land Group, LLC, No. DC-CV54372 (142nd District Court, Midland County, Texas), which seeks to enforce a purchase and sale agreement relating to minerals located in Howard County, Texas, RRIG EP Holdings, LLC vs Rover Operating LLC, No. 52775 (118th District Court, Howard County, Texas), which seeks to invalidate oil and gas leases for failure to produce in paying quantities and cessation of production, Expedition Royalty Co, LLC. v. Nomad Land and Energy Resources, LLC, No. DC-18-17113 (191st District Court, Dallas County, Texas), which seeks to confirm the proper termination of a purchase and sale agreement), and Turtle Creek Exploration, LLC v. Stack Energy Partners, LLC, No. CJ-2019-9 (District Court of Grady County, Oklahoma), which seeks to resolve a title issue following a mineral acquisition.

 

These only serve as examples of the variety of cases. The full list of cases runs too long—but we can get it to you if you like! The common thread remains: Daniel and high-stakes litigation.

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