Layne Kruse, partner in the Houston office, concentrates on antitrust and securities litigation, international disputes and other business problems. Certified in Civil Trial Law by the Texas Board of Legal Specialization, he has extensive experience in handling class actions and in responding to government investigations. He has represented clients in oil and gas production, the marketing of refined petroleum products, health care, insurance, publishing, consumer products, computers, rail transportation and other industries.

Chambers USA 2011 named Layne as a "Star Individual" in antitrust for Texas and said he was "renowned for his work in antitrust and securities litigation...clients praise his 'focused grasp of antitrust policies.'" In Chambers USA 2010, he was described as "'thoughtful and has great people skills.'" BTI Consulting Group named him as a Client Service All-Star in 2011 based on client nominations.

Layne has been a first-chair litigator for jury trials, nationwide class actions, injunctions, arbitrations and appeals, representing both plaintiffs and defendants. He has appeared in courts throughout the United States from Florida to Alaska, from Hawaii to New York, and from California to the District of Columbia. Layne is admitted to practice before all Texas state and federal courts, the U.S. Supreme Court, U.S. Court of Appeals for the Fifth, Eleventh, and Ninth Circuits.

Layne co-chairs the Firm's nationwide Antitrust and Competition Practice Group and heads the Litigation Department in the Houston office. He also is a member of the Firm's Policy Committee. Before joining Fulbright, he was a judicial clerk to the Chief Judge, U.S. Court of Appeals, Fifth Circuit.

Antitrust and Competition

• Lead counsel for hospital group sued by a putative class of employees, alleging a conspiracy to suppress wages
• Defended energy company against allegations of a nation-wide conspiracy to fix prices of natural gas at the wellhead
• Lead counsel for tractor manufacturer in litigation with distributor over the location of new distributor
• Lead counsel for manufacturer of airport passenger boarding bridges in suit by competitor alleging monopolization based on predatory pricing, unfair competition, and tortious interference
• Lead counsel for gasoline refining company regarding state-wide gasoline price-fixing claim brought in federal court in Hawaii by state attorney general as parens patriae on behalf of all citizens against several refining companies
• Defended offshore petroleum drilling company, where plaintiffs alleged that defendants conspired to suppress the wages paid to workers in violation of the antitrust laws
• Lead counsel for a telecommunications company in monopolization, RICO, and tortious interference suit against another telecommunications company
• Lead counsel for plaintiff cardiac pacemaker manufacturer suing another medical device manufacturer for unfair competition, tortious interference, misappropriation of trade secrets, breach of contract, and attempted monopolization
• Defended Japanese trading company in ten-week jury trial, where U.S. investors were claiming damages for monopolization, restraint of trade, and tortious interference over control of timber concession in Indonesia, argued appeal before Fifth Circuit and judgment for client affirmed
• Defended book publisher accused by book retailer of price discrimination and other violations of antitrust laws in favor of larger book retailer
• Lead counsel for Japanese spark plug manufacturer in suit by U.S. distributor for restraint of trade, fraud, unfair competition, and breach of contract for altering distribution system; jury trial in federal court; argued appeal before Fifth Circuit and judgment for client affirmed
• Counsel for plaintiff at TRO and preliminary injunction hearing and jury trial for daily newspaper suing another newspaper alleging monopolization and restraint of trade under state antitrust law, unfair competition, and tortious interference
• Defended gasoline refiner in trial in federal court brought by a terminated wholesale gasoline distributor under Petroleum Marketing Practices Act

Securities Litigation and Enforcement

• Lead counsel for investment bank accused of improperly setting IPO price in violation of state securities laws
• Defended directors of selling corporation in derivative action by shareholders for breach of fiduciary duty
• Lead defense counsel for building supply company in shareholder class action for securities fraud under Rule 10b-5 in federal court in Arkansas
• Defended officers of gasoline refining company in shareholder derivative litigation
• Counsel for officers of energy company in effort by minority shareholders to obtain consents to remove management in proxy contest
• Lead counsel for investor in a toy company sued in a California federal court in a class action securities fraud action under Rule 10b-5 for alleged insider trading
• Defended a creditor group of banks in a class action securities fraud claim in California under Rule 10b-5 brought by equity investors in a drilling company
• Defended Texas bank and its directors in class action securities fraud case under Rule 10b-5 in federal court
• Defended special securities fraud investigator, appointed by Republic of Ireland, investigating Irish company, who was accused of libel and other torts in U.S.

Business Disputes and Investigations

• Defended energy company accused of human rights violations under Alien Tort Claims Act in operations outside the U.S.
• Defended oilfield services company in misappropriation of trade secret claim related to the process for plugging wells in the North Sea
• Lead counsel for an energy company before arbitration panel in dispute over obligation of a natural gas processor to process gas from Gulf of Mexico
• Defended insurance company in state-wide class action by insureds under homeowners policy
• Lead counsel for non-U.S. energy company in take-or-pay gas contract dispute related to North Sea; claim in excess of a billion dollars based on allegations of tortious interference, fraud, and breach of contract
• Lead counsel for cardiac pacemaker manufacturer in arbitration with German inventor over terms of patent license under AAA international rules
• Defended foreign energy company in a dispute over oil concession in Central Asia; allegations of breach of contract, fraud, and other torts with damage claim in excess of one billion dollars
• Led internal investigation on behalf of directors of California-based defense contractor accused by "whistleblower" of not complying with manufacturing standards for missile guidance systems
• Defended computer manufacturer in nationwide class action for alleged misrepresentations to consumers about computer microprocessor
• Lead counsel for an energy company in class action brought by residents in Ecuador for alleged destruction of rainforests as a result of oil drilling
• Lead counsel for HMO in class action by Texas doctors against HMOs for alleged fraud, breach of contract, and Lanham Act violations
• Counsel for an energy company at trial and on appeal in dispute over enforcement of right of first refusal to purchase natural gas pipeline
• Counsel on internal investigations of companies related to possible violations of Foreign Corrupt Practices Act in Africa, the Middle East, and in Central Asia
• Lead counsel in jury trial in federal court for iron and steel processor for breach of contract due to failure to deliver scrap iron to Mexico
• Lead counsel for petroleum producer in class actions by royalty owners against producers for the alleged failure to notify royalty owners about tax credits

Pro Bono

Layne is past chair of the Firm's Pro Bono Committee. His pro bono work includes:

• Court-appointed counsel for Mexican national on death row, convicted of capital murder, who is asserting mental retardation and Vienna Convention defenses
• Court-appointed counsel for death row inmate; successfully argued before Fifth Circuit that conviction should be reversed and new trial granted for violation of Sixth Amendment rights
• Court-appointed counsel for Jewish inmate in federal prison who asserted First Amendment violation for the wrongful denial of Kosher food; argued appeal to the Fifth Circuit, which reversed dismissal of prisoner's case.

• State Bar of Texas - Antitrust and Business Litigation Section, former Chair
• Texas Association of Certified Civil Trial and Appellate Specialists, former President
• American Bar Association Antitrust Section (former Chair, Fuel and Energy Committee, Exemptions and Immunities Committee, Ethics and Professionalism Committee; former Vice-Chair, Sherman Act Section 2 Committee, and Robinson-Patman Act Committee) and American Bar Association Litigation Section
• Fellow in American Bar Foundation, Texas Bar Foundation and Houston Bar Foundation

• "America's Leading Business Lawyers," Chambers U.S.A.
• Best Lawyers in America, Commercial Litigation and Antitrust
• Best Lawyers 2011, Lawyer of the Year in Texas for Antitrust
• Client Service All-Star 2011, BTI Consulting Group
• "Go-To Guide" for lawyers, recognition as one of five top lawyers in Texas for antitrust
• "World's Leading Practitioner - Litigation U.S.," Guide to the World's Leading Practitioners, Legal Media Group
• International Who's Who of Competition Lawyers and Economists
• PLC's Global Counsel Dispute Resolution Handbook
• "Texas Super Lawyers," Law & Politics
• Who's Who Legal: Texas (competition)
• Who's Who in American Law, Who's Who in America and Who's Who in the World

Layne has authored or co-authored the following:

• Co-author with Darryl Anderson and John Byron, "Clarifying the Judicial Code: Revisions to Federal Court Removal, Venue, and Jurisdiction Laws," Fulbright Alert, January 5, 2012
• "Supreme Court Further Curtails Private Securities Fraud Suits Against Outside Advisers," Fulbright Alert, June 13, 2011
• "Supreme Court Vacates Fifth Circuit's Denial of Class Certification in Federal Securities Fraud Suit," Fulbright Alert, June 7, 2011
• "Governor Signs Revised Texas Lawsuit Reform Legislation," Fulbright Alert, May 31, 2011
• "'Market Manipulation' in the Energy Industry: CFTC, FERC, and FTC," The International Law Firm of Fulbright & Jaworski - Antitrust and Competition, April 2011 
• "The DOJ Strikes Back: Lucasfilm Required to Stop Entering Into Non-Solicitation Agreements with Competing Employers," Fulbright Alert, December 23, 2010
• "A Practioner's Guide to Class Actions," Chapter on Antitrust, ABA, October 2010
• "European Court of Justice Confirms There Is No Privilege for Corporate Counsel in EU Competition Investigations," Fulbright Alert, September 14, 2010
• "Financial Reform Legislation Establishes New Bureau of Consumer Financial Protection," Fulbright - Financial Reform Task Force White Paper, July 21, 2010
• "DOJ Finally Prevails - U.K. Executive Extradited to U.S., Albeit to Face Obstruction of Justice and Not Price-fixing Charges," Fulbright Briefing, March 2, 2010
• "FTC Issues Final Rule Prohibiting Market Manipulation in Crude Oil and Gasoline," International Law Office - Energy and Natural Resources Newsletter, August 24, 2009
• "FTC Issues Final Rule Prohibiting 'Market Manipulation' In Crude Oil And Gasoline, Which Will Be Effective November 4, 2009," Fulbright Alert, August 6, 2009 
• "Another Signal That the DOJ Is Serious About Antitrust: Payments in Patent Settlements May Be Unlawful," Fulbright Briefing, July 10, 2009
• "Technology Industry Hiring Practices: New Target for Antitrust Enforcers," Fulbright Briefing, June 10, 2009
• "Energy Market Manipulation Update: FTC's Revised Petroleum Rules, CFTC's Exempt Commercial Market Rule and FERC Update," Fulbright Briefing, April 21, 2009
• "FTC Proposes Rule Prohibiting 'Market Manipulation' in the Petroleum Industry," Fulbright Alert, August 18, 2008
• "A Short Guide to the Prosecution of 'Market Manipulation' in the Energy Industry: CFTC, FERC, and FTC," Global Competition Policy, July 2008
• "Energy Bill Gives Federal Trade Commission New Power to Prosecute 'Market Manipulation' in Petroleum Industry," Fulbright Briefing, January 4, 2008
• "Congress Watch: What Are The New Antitrust Energy Proposals?" Fulbright Client Alert, March 7, 2007
• "Tying Claims: Market Power Is Not Presumed," Intellectual Property and Antitrust Client Alert, March 2, 2006
• "Joint Venture Pricing Decisions Not a Per Se Violation of Antitrust Laws," Fulbright Antitrust Update, March 2006
• Antitrust Guidelines for the Licensing of Intellectual Property: A Reference Guide, published for IP lawyers in Latin America, Spanish and English versions, Latin American Intellectual Property Lawyers Association, November 2005
• "Developments in Oil and Gas Antitrust," www.GlobalCompetitionReview.com, 2005
• "United States v. Arthur Andersen Reversed," Fulbright Update, May 31, 2005
• "The Great American Litigation Game," Executive Counsel Magazine, April/May 2005
• "Claims Under Alien Tort Statute Are Still Alive," International Litigation Update, July 9, 2004
• "Recent Developments in the Oil and Gas Industry," The Antitrust Review of the Americas, 2004
• "Salary Surveys and the Sherman Act," ABA Antitrust Section Fuel and Energy Committee Newsletter, Winter 2003
• "FCPA Compliance a Challenge for U.S. Oil, Gas Companies," Oil and Gas Journal, October 13, 2003
• Chapter 3, "Subject Matter Jurisdiction in Federal Court in International Cases," International Litigation: Defending and Suing Foreign Parties in U.S. Federal Courts, ABA, October 2003
• "Texas Acts to Reform Class Actions," ABA Class Actions & Derivative Suits Committee Newsletter, ABA Section of Litigation, Fall 2003
• "Antitrust Issues in the Energy Industry," The Antitrust Review of the Americas 2003, Global Competition Review, 2003
• "New Professional Rules of Conduct under Sarbanes-Oxley: How Will They Impact Antitrust Lawyers?" The Source Magazine, ABA Antitrust Section, September 2002

• Speaker, "Recent Developments and Hot Topics in Class Action Litigation," Fulbright - Class Action Litigation Web Seminar, November 17, 2010
• Moderator, "7th Annual Litigation Trends Results," Fulbright - Litigation Web Seminar, November 2, 2010
• Speaker, "Fulbright Forum: Perfect Storm? Privacy, Competition and Cloud Computing," Fulbright - Privacy and Competition Web Seminar, August 3, 2010
• Speaker, "Reducing Costs of Discovery: Is There Any Hope for Real Rule Reform?" Fulbright - Litigation Web Seminar, June 8, 2010
• Speaker, "New FTC Market Manipulation Rules for Petroleum Marketing: Successful Navigation through Murky Waters," ABA Petroleum Marketing Attorneys' Meeting, April 2010
• Speaker, "Business Torts," Texas Association of District Court Judges Annual Meeting, Austin, Texas, April 2010
• Moderator, "6th Annual Litigation Trends Results," Fulbright - Litigation Web Seminar, November 3, 2010
• Speaker, "Fulbright Forum: Class Actions: The Latest Issues, Trends and Tips for Corporate Counsel," Fulbright - Class and Group Actions Web Seminar, August 4, 2009
• Moderator, "New Authority for the FTC: What Market Manipulation Rules Should Be Adopted for the Petroleum Industry," ABA Fuel and Energy Committee Program, May 23, 2008
• Presented with Gerard G. Pecht; Co-Author with Gerard G. Pecht and Peter A. Stokes, "Shareholder Litigation in Texas: A Defendants' Perspective," 4th Annual Advanced Business Law Course, State Bar of Texas, Houston, Texas, October 26 - 27, 2006
• Panelist, "A Roundtable Discussion of the Foreign Corrupt Practices Act," PriceWaterhouseCoopers Seminar, Houston, Texas, May 2005
• Panelist, "Problems in Multijurisdictional Litigation," Canadian Corporate Counsel Annual Meeting, Toronto, Canada, April 2005
• Panel Moderator, "The Cost of Filling Up: Did the FTC Approve Too Many Petroleum Industry Mergers?," ABA Antitrust Spring Meeting, Washington, D.C., March 2005
• Panelist, "Impact of Sarbanes-Oxley Act on Attorney Conduct Requirements and Whistleblower Protection and Document Retention," ABA Antitrust Section National Teleseminar Series, December 2004
• "The Long Arm Of U.S. Jurisdiction - Current Issues For Non-U.S. Companies: What Non-U.S. Companies Should Know About Doing Business in the U.S.," F&J Seminar, London, England, April 2003
• "Courthouse to the World: What is the Alien Tort Claims Act?" F&J Client Seminar, Houston, Texas, March 2003
• "New Federal Criminal Penalties for Document Destruction," F&J Electronic Discovery Seminar, Houston, Texas, January 2003
• Program Chair, "Noerr-Pennington" Immunity Doctrine for Antitrust Violations," ABA Antitrust Section Spring Meeting, Washington, D.C., April 2001
• Panel Moderator, "Doing Business With The Government: When Are You Immune or Exempt from Liability?" ABA Antitrust Section Spring Meeting, Washington, D.C., April 2000

J.D., Yale Law School
M.Sc., International Relations, London School of Economics
B.A., summa cum laude, Economics, Texas A&M University

• World Affairs Council of Houston, Board of Directors
• Texas Appleseed Foundation, Board Member
• Texas A&M University
  • College of Liberal Arts Development Council, Steering Committee
  • Melbern G. Glasscock Center for Humanities Research, Development Council, Board Member
• Chapelwood United Methodist Church, former Board member