Derek Merman

Derek was raised by his mother on their ranch near Waco, Texas after his father died in a plane accident when he was six-years- old; as a result of that tragedy, Derek is compassionate with his clients and passionate about his work for the injured and those that have lost loved-ones due to the negligence of others.  Derek focuses his practice on wrongful-death claims, catastrophic injuries, admiralty claims and excessive-force cases.  He is also a proficient Spanish speaker.

Derek is married to Shana Merman; they have three children, Gretchen, Clara and James Bruce. They attend St. Luke’s Methodist Church in Houston. They enjoy fishing, hiking, biking, playing at the park and eating good Texas BBQ. The Merman family supports several charities locally and nationally focused on education and helping people that have suffered recent tragedy.

The Merman Law Firm was founded in 2007 with the express purpose of treating clients like family and giving injured people a powerful advocate capable of taking on any corporation or entity.

Admissions

• Derek is licensed to practice law before every State and Federal Court in Texas and Iowa
• Derek is licensed to practice in the Fifth Circuit Court of Appeals and
• The United States Supreme Court

Derek is a member of the following associations:

• American Bar Association
• Texas State Bar
• The Maritime Lawyers Association
• National Trial Lawyers Association
• The Houston Bar Association
• Texas Trial Lawyers Association

Shana Merman

Shana Merman is a complex commercial litigation attorney with broad experience practicing in Dallas and Houston courts. For eight years, Shana has practiced at a large international law firm and garnered extensive experience litigating complex business disputes with issues typically stemming from mergers and acquisitions, corporate governance and compliance, employment, contractual disputes, and oil and gas.

She assisted investors, banks, and other corporate clients in numerous multi-million-dollar real estate disputes, represented an international company in a Foreign Corrupt Practices Act (FCPA) investigation and compliance review, represented a national home healthcare provider in parallel criminal and civil False Claims Act (FCA) matters, and defended a coal mining company in criminal, administrative, and civil matters arising from a fatal mine explosion.

She has also served as independent counsel for an Office of the Comptroller and represented many clients on various employment litigation matters, ranging from covenants not to compete and non-disclosure and non-solicitation provisions, to litigation involving race discrimination, workers’ compensation retaliation, breaches of employment agreements, violations of the Family Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA).

Shana also worked extensively with oil and gas exploration and production companies, providing advice and representation on mineral lien perfection issues, operating agreement disputes, general litigation matters, and bankruptcy. She successfully argued and obtained temporary restraining orders in cases
involving covenants not to compete and misappropriation of trade secret claims, and first-chaired arbitrations before three-member panels, obtaining the full amount of damages including interest and attorneys’ fees.

Shana Merman is admitted to the Texas State Bar, U.S. District Courts for the Eastern, Northern, and Southern Districts of Texas, and the United States Court of Appeals for the Fifth Circuit.

Representative Matters

• Represented an investor in a multimillion-dollar JAMS arbitration involving the purchase of an apartment complex. I presented the opening statement, conducted direct and cross examinations of witnesses and experts and prepared all pretrial and post-trial briefing.
• Represented a bank in a $15 million dispute involving the purchase of a mall. I deposed key witnesses, prepared witnesses for a receivership hearing, argued at the receivership hearing, drafted all dispositive and discovery motions, led settlement negotiations and presentations at mediation, prepared all pre-trial materials and supervised junior associates on a document review project.
• Represented a company involving a $200 million business transaction dispute and successfully obtained a temporary injunction in federal court.
• Represented a sovereign wealth fund in a multimillion-dollar real estate dispute involving the development of a hotel in New York. I handled all pretrial matters and successfully negotiated a settlement of the dispute.
• Represented a mezzanine lender in connection with a $6 million loan to finance equity contributions to the borrower. The borrower failed to fund mezzanine rollover funds and I was successful in obtaining a favorable ruling on a breach of the loan agreement.
• Represented a lender in a guaranty action for a breach of a loan agreement in the amount of $24,559,000. Defendants attempted to assert that they were relieved of any obligations by delivering a deed in lieu of foreclosure. I drafted the winning motion to dismiss and favorably settled the case for the clients.
• Represented a bank in a million dollar lawsuit involving brokerage commissions for the sale of a hotel. I successfully briefed and argued the winning motion to dismiss at the lower court level. The case was appealed and I settled the case at mediation for $5,000.
• Represented a bank in a multimillion-dollar lender liability dispute involving a hotel in New York. I briefed the winning summary judgment motion.
• Successfully negotiated a settlement on behalf of a majority of investors in an action brought by the Securities and Exchange Commission for alleged securities fraud violations by company management. The settlement allowed investors to recoup funds diverted by management without costly litigation contemplated by the Receiver.
• Briefed, argued and obtained a full and final dismissal of all claims in a securities class action, both individually and on behalf of a putative class, at summary judgment.
• Briefed, argued and obtained an abatement of a securities litigation case, which led to the successful resolution of all claims against the client.
• Represented an international company on a multimillion-dollar trademark infringement case.
• Obtained a temporary restraining order in favor of a client prohibiting a person from posting false and defamatory statements on an Internet message board.
• Participated in preparing and presenting a case to a jury for a multiple death and personal injury case involving an eighteen-wheeler accident.
• Provided counsel to an international company in an FCPA investigation and compliance review. I traveled to Switzerland and Paris for fact investigation, interviewed witnesses, prepared presentations to the Department of Justice and supervised associates reviewing millions of documents. The case settled for approximately $800 million.
• Provided counsel to a national home healthcare provider in parallel criminal and civil False Claims Act investigations.
• Provided counsel to a coal mining company in criminal, administrative and civil matters arising from a fatal explosion at a mine.
• Served as independent counsel conducting Servicer Foreclosure Practices Look Back Review pursuant to an Office of the Comptroller of the Currency consent order.
• Provided advice and representation to multiple oil and gas exploration and production companies regarding mineral lien perfection issues, operating agreement disputes and general litigation matters.
• Represented the Official Committee of Unsecured Creditors in a Chapter 11 bankruptcy case and provided advice related to lien perfection of oil and gas leases.

Education

• J.D., cum laude, Baylor University School of Law, Baylor Law Review, 2004
• Bachelor of Business Administration, University of Texas at Tyler, summa cum laude

Elizabeth Blount

Lindsay Lupton

Tommie Yeiter-Vicknair

Sr. Trial Paralegal Administrator

Tommie Yeiter-Vicknair is the Senior Trial Paralegal/Administrator for The Merman Law Firm.  The legal profession and the way it can be a helpful resource for those who have been wrongfully injured has always intrigued Tommie.  Her strong passion for helping people who cannot help themselves drives her to work hard every day.  As part of The Merman Law Firm team, Tommie helps guide clients through the difficult recovery process.  She also handles daily interactions with clients, opposing counsel, insurance companies, and medical providers, in addition to drafting and filing pleadings, discovery, and other correspondence.

Tommie has an extensive background in personal injury litigation, medical malpractice, and civil & criminal litigation.  She has also worked in financial fields in the past and is a commissioned Notary Public.  She and attorney Derek Merman have worked closely together for over two decades, fighting for the rights of clients on a daily basis.

Originally from Salt Lake City, Utah, Tommie enjoys riding motorcycles, boating, fishing, hunting, foosball, traveling, sampling a variety of delicious cuisines, and spending quality time with her family and friends.