Tim Shelby

Partner

Tim Shelby

Partner

  • P: 713-600-4909
  • F: 713-655-0062
  • tshelby@azalaw.com
  • vCard

Tim Shelby focuses on complex commercial litigation and oil and gas-related litigation. When interviewed by Chambers USA, clients offered the following assessments: “Tim is an excellent trial lawyer;” “Tim has good common sense and comes up with great strategy, which always leads to good results;” and “Tim is excellent at what he does.” Making a little legal history in 2025, Tim served as lead counsel for the AZA team that won the first trial in the newly established Texas Business Courts.

Tim is recognized by Best Lawyers in America for commercial litigation in Texas from 2015 – 2026. Tim is recognized for his work in General Commercial Litigation by the highly respected Chambers USA: America’s Leading Lawyers for Business, published by London-based Chambers and Partners.  Tim has been named to the Texas Super Lawyers list from 2014 – 2026 for business litigation.  Since 2018, Tim has served on the State Bar of Texas Oil and Gas Pattern Jury Charge Committee.

Tim received his law degree from Harvard Law School in 2002. While at Harvard, he served as a Teaching Fellow in Harvard’s Department of Economics. Tim received a Master of Public Service and Administration from the Bush School of Government at Texas A&M University in 1999, where he was recognized as a Bush Fellow. Tim received his undergraduate degree, summa cum laude and Phi Beta Kappa, in economics and political science from Baylor University in 1997. Prior to joining AZA, Tim practiced in the litigation department of Baker Botts in Houston.

Tim serves on the Board of Directors of Cure JM Foundation, which is dedicated to finding a cure for Juvenile Myositis (JM), an autoimmune disease in which a child’s immune system attacks its own cells and tissues. Since 2019, Tim has served as a Co-Chair of the Walk Strong for Cure JM – Houston. If you are interested in learning more about Cure JM, please go to http://www.curejm.org/.

Tim Shelby focuses on complex commercial litigation and oil and gas-related litigation. When interviewed by Chambers USA, clients offered the following assessments: “Tim is an excellent trial lawyer;” “Tim has good common sense and comes up with great strategy, which always leads to good results;” and “Tim is excellent at what he does.” Making a little legal history in 2025, Tim served as lead counsel for the AZA team that won the first trial in the newly established Texas Business Courts.

Tim is recognized by Best Lawyers in America for commercial litigation in Texas from 2015 – 2026. Tim is recognized for his work in General Commercial Litigation by the highly respected Chambers USA: America’s Leading Lawyers for Business, published by London-based Chambers and Partners.  Tim has been named to the Texas Super Lawyers list from 2014 – 2026 for business litigation.  Since 2018, Tim has served on the State Bar of Texas Oil and Gas Pattern Jury Charge Committee.

Tim received his law degree from Harvard Law School in 2002. While at Harvard, he served as a Teaching Fellow in Harvard’s Department of Economics. Tim received a Master of Public Service and Administration from the Bush School of Government at Texas A&M University in 1999, where he was recognized as a Bush Fellow. Tim received his undergraduate degree, summa cum laude and Phi Beta Kappa, in economics and political science from Baylor University in 1997. Prior to joining AZA, Tim practiced in the litigation department of Baker Botts in Houston.

Tim serves on the Board of Directors of Cure JM Foundation, which is dedicated to finding a cure for Juvenile Myositis (JM), an autoimmune disease in which a child’s immune system attacks its own cells and tissues. Since 2019, Tim has served as a Co-Chair of the Walk Strong for Cure JM – Houston. If you are interested in learning more about Cure JM, please go to http://www.curejm.org/.

 

REPRESENTATIVE ENGAGEMENTS

  • Serving as lead trial counsel, Tim tried and won the first trial in the newly established Texas Business Courts.  After a five-day trial, Business Court Judge Melissa Andrews ruled that Tim’s client, Marathon Oil (which was acquired by ConocoPhillips in 2024) validly invoked force majeure and was not liable for $26.5 million in damages related to natural gas deliveries it could not make during Winter Storm Uri. The case is Marathon Oil Company v. Mercuria Energy America LLC, No. 25-BC11A-0013, in the 11th Division of the Texas Business Court. Mercuria did not file an appeal.
  • Tim served as lead trial counsel for an AZA team that prevailed on a declaratory judgment claim and defeated a $123.7 million breach of contract claim in the first major Winter Storm Uri natural gas trading jury trial. At issue during the six-day trial was AZA client’s Marathon Oil’s obligation to deliver natural gas in Oklahoma in February 2021. When Marathon could not make its deliveries, Koch claimed that under the contract Marathon was required to use reasonable efforts to purchase any available replacement gas during the storm and Marathon had failed to do so. Deliberating less than three hours, the jury determined that Marathon acted reasonably and found that Marathon did not breach its contract with Koch. Before trial, Marathon prevailed on a partial summary judgment that required Koch to pay $9.8 million on Marathon’s breach of contract claim over Koch’s withholding of money owed to Marathon under the contract.  After the jury verdict, the court explained that the net result of the trial is that Marathon prevailed on its declaration of force majeure, and judgment will be entered requiring Koch to pay Marathon $9.8 million, plus prejudgment and post-judgment interest. The case is Marathon Oil Company v. Koch Energy Service, LLC, case number 4:21-cv-01262, Southern District of Texas. Koch did not file an appeal.
  • After a two-week final hearing, Tim successfully recovered over $20 million on breach of contract claims for an energy company against a refining company. He also successfully defeated a $400 million counterclaim brought by the refiner.
  • After a five-week trial, Tim successfully defeated a $240 million fraud claim that was brought against a pipeline company.
  • Tim filed suit on behalf of Anheuser-Busch against a natural gas provider for price gouging one of Anheuser-Busch’s breweries during the February 2021 winter storm. The case was resolved on a confidential basis shortly after it was filed.
  • Tim routinely handles high-value arbitrations for energy companies.
    • He successfully represented a large LNG export company in a dispute in London before the International Court of Arbitration of the International Chamber of Commerce involving a long-term supply agreement and breach of contract claims related to the method of calculating various fees.
    • Tim also represented an energy company in a large arbitration before the London Court of International Arbitration related to natural gas trading activity.
    • He also represented a gas processing plant in an arbitration involving the interpretation of a right-of-first-refusal provision in a long-term gas processing agreement.
    • And he successfully represented an energy company in multiple arbitrations involving disputes over indemnity and defense provisions in purchase and sale agreements.
  • Tim represented the mineral estate and surface estate owners of a large ranch in the Permian Basin. He brought numerous lawsuits against operators who breached the terms of mineral leases and caused surface damages. The lawsuits resulted in extremely favorable settlement terms for the ranch that included amended mineral leases and new drilling agreements.
  • Tim defended a crude purchasing company against over $100 million in claims brought against the company by a large landowner in the Permian Basin. After securing a summary judgment ruling that significantly reduced the liability in the case, the landowner gave up and dismissed the remaining claims against his client on the eve of trial.
  • Tim took on an oilfield tool manufacturing client that had $35 million in breach of contract claims against it based on supposedly “non-conforming” equipment. Within six months of representing the client, he completely changed the dynamic of the case, and his client received a multimillion-dollar settlement.
  • Tim defended an oil purchasing and marketing company against over $150 million in claims brought by multiple producers under various lien statutes. After over 200 depositions and a three-day summary judgment hearing, the plaintiffs abandoned their claims against his client.
  • After a four week-jury trial, Tim won a trial verdict for an industrial gas supplier. The victory included recovery of substantial sums for his client on breach of contract claims and defeating counterclaims for fraud and breach of contract.
  • Representing plaintiffs, Tim has secured multiple temporary restraining orders, temporary injunctions, and permanent injunctions for oilfield tool and service companies. He served as the lead trial lawyer for an oilfield tools company in a high-profile bench trial against a competitor who bribed an employee to get manufacturing drawings and then provided them to Chinese manufacturers. The competitor was forced to agree to the entry of a permanent injunction at the end of the trial.
  • Tim forced one of the largest oilfield services companies in the world to abandon its trade secret claims and dismiss the lawsuit within two weeks of filing suit. In another trade secret case, he defeated requests for a temporary restraining order and a preliminary injunction in contested hearings in federal court for a manufacturer of oilfield pipe connections, and then negotiated a favorable settlement before the final trial on the merits.
  • Tim vigorously defended a former in-house lawyer for Schlumberger against Schlumberger’s trade secret and breach of fiduciary duty claims. The district court ultimately dismissed the majority of the claims against AZA’s client under the Texas Anti-SLAPP statute and hit Schlumberger with $600,000 in sanctions and attorneys’ fees.
  • Tim routinely represents inventors in disputes related to the ownership of patents and royalties owed under licensing agreements. Mr. Shelby successfully represented Andrew Silver in a lawsuit against Tabletop, now known as Ziosk, over a patent purchase agreement. When the trial court ordered Mr. Silver, over Mr. Shelby’s objections, to turn over his privileged communications with his patent agent, Mr. Shelby spearheaded the appeal of the trial court’s rulings. In 2018, the Texas Supreme Court ultimately recognized the patent agent privilege in In re Silver, 540 S.W.3d 530 (Tex. 2018), a case of first impression in state courts of the United States. Mr. Shelby then continued to prosecute the case, securing a favorable settlement for his client on the eve of trial.
  • Tim frequently represents high-net worth clients in disputes involving wills, estates, and trusts. In one recent case, Tim successfully defended the executor of an estate of a wealthy West Texas oilman against claims for breaches of fiduciary duty brought by the oilman’s widow. In another case, Tim asserted breach of fiduciary duty claims on behalf of a beneficiary of a will against the executor of the estate for failure to disperse the estate property, ultimately recovering a large ranch in West Texas for his client.

COURT ADMISSIONS AND AFFILIATIONS

  • State Bar of Texas
  • United States Court of Appeals for the Fifth Circuit
  • United States District Courts for the Southern, Eastern, Western and Northern Districts of Texas
  • Texas State Bar Oil & Gas Pattern Jury Charge Committee 2018-2021
  • Institute for Energy Law, Advisory Board, 2010-2011
  • Houston Bar Association, CLE Committee, 2008 & 2010
  • Houston Young Lawyers Association

PUBLICATIONS, PAPERS, AND CLE PRESENTATIONS

  • “Trials, Depositions, Hearings, and other Remote Proceedings,” State Bar of Texas Webinar, December 2020
  • “Witness Credibility in Trial and Depositions,” Texas Lawyer’s In-House Counsel Summit, March 2013.
  • “Strategies for Corporate Representative Depositions,” 33rd Annual Corporate Counsel Institute, Houston, Texas, April 2011

HONORS AND AWARDS

  • Band 5 Chambers Litigation: General Commercial
  • Texas Super Lawyers list from 2014 – 2026
  • Best Lawyers, 2015-2026
  • Ranked among Legal 500’s “Houston Elite” in the area of Commercial Disputes, 2025
  • Rated AV Preeminent by Martindale-Hubbell
  • Top 500 Leading Litigators in America by Lawdragon, 2025-2026
  • Texas Bar Foundation, Fellow

IN THE NEWS

 

REPRESENTATIVE ENGAGEMENTS
  • Serving as lead trial counsel, Tim tried and won the first trial in the newly established Texas Business Courts.  After a five-day trial, Business Court Judge Melissa Andrews ruled that Tim’s client, Marathon Oil (which was acquired by ConocoPhillips in 2024) validly invoked force majeure and was not liable for $26.5 million in damages related to natural gas deliveries it could not make during Winter Storm Uri. The case is Marathon Oil Company v. Mercuria Energy America LLC, No. 25-BC11A-0013, in the 11th Division of the Texas Business Court. Mercuria did not file an appeal.
  • Tim served as lead trial counsel for an AZA team that prevailed on a declaratory judgment claim and defeated a $123.7 million breach of contract claim in the first major Winter Storm Uri natural gas trading jury trial. At issue during the six-day trial was AZA client’s Marathon Oil’s obligation to deliver natural gas in Oklahoma in February 2021. When Marathon could not make its deliveries, Koch claimed that under the contract Marathon was required to use reasonable efforts to purchase any available replacement gas during the storm and Marathon had failed to do so. Deliberating less than three hours, the jury determined that Marathon acted reasonably and found that Marathon did not breach its contract with Koch. Before trial, Marathon prevailed on a partial summary judgment that required Koch to pay $9.8 million on Marathon’s breach of contract claim over Koch’s withholding of money owed to Marathon under the contract.  After the jury verdict, the court explained that the net result of the trial is that Marathon prevailed on its declaration of force majeure, and judgment will be entered requiring Koch to pay Marathon $9.8 million, plus prejudgment and post-judgment interest. The case is Marathon Oil Company v. Koch Energy Service, LLC, case number 4:21-cv-01262, Southern District of Texas. Koch did not file an appeal.
  • After a two-week final hearing, Tim successfully recovered over $20 million on breach of contract claims for an energy company against a refining company. He also successfully defeated a $400 million counterclaim brought by the refiner.
  • After a five-week trial, Tim successfully defeated a $240 million fraud claim that was brought against a pipeline company.
  • Tim filed suit on behalf of Anheuser-Busch against a natural gas provider for price gouging one of Anheuser-Busch’s breweries during the February 2021 winter storm. The case was resolved on a confidential basis shortly after it was filed.
  • Tim routinely handles high-value arbitrations for energy companies.
    • He successfully represented a large LNG export company in a dispute in London before the International Court of Arbitration of the International Chamber of Commerce involving a long-term supply agreement and breach of contract claims related to the method of calculating various fees.
    • Tim also represented an energy company in a large arbitration before the London Court of International Arbitration related to natural gas trading activity.
    • He also represented a gas processing plant in an arbitration involving the interpretation of a right-of-first-refusal provision in a long-term gas processing agreement.
    • And he successfully represented an energy company in multiple arbitrations involving disputes over indemnity and defense provisions in purchase and sale agreements.
  • Tim represented the mineral estate and surface estate owners of a large ranch in the Permian Basin. He brought numerous lawsuits against operators who breached the terms of mineral leases and caused surface damages. The lawsuits resulted in extremely favorable settlement terms for the ranch that included amended mineral leases and new drilling agreements.
  • Tim defended a crude purchasing company against over $100 million in claims brought against the company by a large landowner in the Permian Basin. After securing a summary judgment ruling that significantly reduced the liability in the case, the landowner gave up and dismissed the remaining claims against his client on the eve of trial.
  • Tim took on an oilfield tool manufacturing client that had $35 million in breach of contract claims against it based on supposedly “non-conforming” equipment. Within six months of representing the client, he completely changed the dynamic of the case, and his client received a multimillion-dollar settlement.
  • Tim defended an oil purchasing and marketing company against over $150 million in claims brought by multiple producers under various lien statutes. After over 200 depositions and a three-day summary judgment hearing, the plaintiffs abandoned their claims against his client.
  • After a four week-jury trial, Tim won a trial verdict for an industrial gas supplier. The victory included recovery of substantial sums for his client on breach of contract claims and defeating counterclaims for fraud and breach of contract.
  • Representing plaintiffs, Tim has secured multiple temporary restraining orders, temporary injunctions, and permanent injunctions for oilfield tool and service companies. He served as the lead trial lawyer for an oilfield tools company in a high-profile bench trial against a competitor who bribed an employee to get manufacturing drawings and then provided them to Chinese manufacturers. The competitor was forced to agree to the entry of a permanent injunction at the end of the trial.
  • Tim forced one of the largest oilfield services companies in the world to abandon its trade secret claims and dismiss the lawsuit within two weeks of filing suit. In another trade secret case, he defeated requests for a temporary restraining order and a preliminary injunction in contested hearings in federal court for a manufacturer of oilfield pipe connections, and then negotiated a favorable settlement before the final trial on the merits.
  • Tim vigorously defended a former in-house lawyer for Schlumberger against Schlumberger’s trade secret and breach of fiduciary duty claims. The district court ultimately dismissed the majority of the claims against AZA’s client under the Texas Anti-SLAPP statute and hit Schlumberger with $600,000 in sanctions and attorneys’ fees.
  • Tim routinely represents inventors in disputes related to the ownership of patents and royalties owed under licensing agreements. Mr. Shelby successfully represented Andrew Silver in a lawsuit against Tabletop, now known as Ziosk, over a patent purchase agreement. When the trial court ordered Mr. Silver, over Mr. Shelby’s objections, to turn over his privileged communications with his patent agent, Mr. Shelby spearheaded the appeal of the trial court’s rulings. In 2018, the Texas Supreme Court ultimately recognized the patent agent privilege in In re Silver, 540 S.W.3d 530 (Tex. 2018), a case of first impression in state courts of the United States. Mr. Shelby then continued to prosecute the case, securing a favorable settlement for his client on the eve of trial.
  • Tim frequently represents high-net worth clients in disputes involving wills, estates, and trusts. In one recent case, Tim successfully defended the executor of an estate of a wealthy West Texas oilman against claims for breaches of fiduciary duty brought by the oilman’s widow. In another case, Tim asserted breach of fiduciary duty claims on behalf of a beneficiary of a will against the executor of the estate for failure to disperse the estate property, ultimately recovering a large ranch in West Texas for his client.
COURT ADMISSIONS AND AFFILIATIONS
  • State Bar of Texas
  • United States Court of Appeals for the Fifth Circuit
  • United States District Courts for the Southern, Eastern, Western and Northern Districts of Texas
  • Texas State Bar Oil & Gas Pattern Jury Charge Committee 2018-2021
  • Institute for Energy Law, Advisory Board, 2010-2011
  • Houston Bar Association, CLE Committee, 2008 & 2010
  • Houston Young Lawyers Association
PUBLICATIONS, PAPERS, AND CLE PRESENTATIONS
  • “Trials, Depositions, Hearings, and other Remote Proceedings,” State Bar of Texas Webinar, December 2020
  • “Witness Credibility in Trial and Depositions,” Texas Lawyer’s In-House Counsel Summit, March 2013.
  • “Strategies for Corporate Representative Depositions,” 33rd Annual Corporate Counsel Institute, Houston, Texas, April 2011
HONORS AND AWARDS
  • Band 5 Chambers Litigation: General Commercial
  • Texas Super Lawyers list from 2014 – 2026
  • Best Lawyers, 2015-2026
  • Ranked among Legal 500’s “Houston Elite” in the area of Commercial Disputes, 2025
  • Rated AV Preeminent by Martindale-Hubbell
  • Top 500 Leading Litigators in America by Lawdragon, 2025-2026
  • Texas Bar Foundation, Fellow
IN THE NEWS
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