Rafe A. Schaefer
Rafe A. Schaefer
Biography
Clients turn to Rafe Schaefer when the stakes are high and the disputes are complex. He represents institutional clients in high-value trials and arbitrations—often when those entities have been wronged and need to recover substantial losses. Rafe is a relentless, strategic and aggressive advocate who thrives in business-critical cases where creativity, tenacity and precision drive results. Whether the claim is fraud, breach of contract, fiduciary duty or trade secret misappropriation, he approaches every case with a sharp focus on maximizing his client’s case and outmaneuvering the opposition.
Rafe has handled jury trials, bench trials and arbitrations in disputes involving breach of contract, fraud and breach of fiduciary duty. Rafe is also a Certified Public Accountant by the Illinois Board of Examiners in 2012.
Professional experience
Representative experience
Representative experience
- Rafe first-chaired a AAA arbitration involving breach of a partnership agreement, where Rafe obtained an award for all of the damages sought by his client, as well as attorney's fees.
- Rafe first-chaired a jury trial on behalf of a plaintiff involving breach of contract claims under an LLC Agreement, where Rafe's client obtained every penny requested from the jury. Defendant was represented by two well-known Houston firms. Rafe handled briefing on Defendants' appeal of the judgment, which was affirmed by the First Court of Appeals and Texas Supreme Court.
- Rafe successfully handled a multi-jurisdictional series of arbitrations, litigations and appeals for a midstream company involving Membership Interest Purchase Agreements and Gathering Agreements where the total value of the asserted amount in controversy exceeded US$500 million.
- In a complex multi-jurisdictional lawsuit and arbitration involving construction of a solar farm, Rafe successfully obtained an injunction barring a subcontractor’s attempt to avoid an arbitration provision, obtained prevailing party attorney’s fees based on the subcontractor’s violation of several contract provisions, and recouped payment against the subcontractor for the value of repair and replacement work that had to be performed due to the subcontractor’s faulty performance.
- Rafe successfully represented a national quick-service restaurant chain in a fraud and breach of contract claim against its landlord, after the landlord had leased it a property that could not be operated by the restaurant due to undisclosed property restrictions.
- Rafe successfully represented a not-for-profit debt counselling agency that had been sued by its Landlord for rent following destruction of a building in Hurricane Harvey. In discovery, Rafe successfully uncovered a history of leaks, water intrusion, and other maintenance issues at the building. During the jury trial on the matter, the landlord walked away from its claims against Rafe’s client.
- In a breach of contract arbitration, Rafe defended a company accused of breaching a brokerage fee agreement relating to a multi-hundred million dollar joint venture transaction. Following a week-long AAA arbitration hearing, the claimant was awarded less than 10% of the damages sought in the arbitration.
- Rafe defended a hospital system against accusations of fraud and alleged violation of the False Claims Act. Rafe obtained a final judgment dismissing all of the claims brought against his client.
- Rafe represented a large energy company in a dispute involving theft of the company's product in South Texas. After an expansive investigation involving theft, fraudulent billing, and the sale of stolen goods, Rafe helped his client obtain a federal court judgment against the fraudster and recoup its losses from the entity that "purchased" the stolen goods.
- After obtaining favourable admissions through depositions he took, Rafe obtained summary judgment victory in favor of plaintiff involving breach of contract claims under an LLC Agreement relating to the agreement's distribution waterfall provisions, including recouping all attorney's fees spent by Rafe's client. Rafe also handled briefing on appeal of the judgment, which was affirmed by the First Court of Appeals and the Texas Supreme Court.
- Rafe represented twenty minority unitholders in a closely-held chemicals business in a dispute involving wrongful dilution by the majority owner. Rafe drafted the briefing that defeated defendants' attempt to obtain early dismissal of the case, handled most of the depositions, and helped his clients secure a favor settlement that restored the value they had lost and helped them achieve a business divorce.
- Rafe represented an insurer in a dispute brought by its insured after a tornado destroyed its pharmacy. Insurer paid more than US$6 million but later learned that the claim and insured's business model were not legitimate. After Rafe dug into the facts, plaintiff moved to stay the suit that it had been affirmatively pursuing, claiming the discovery implicated Fifth Amendment issues and, soon thereafter, dismissing the case. After dismissal, the insured was raided by the FBI and several of its owners were indicted in connection with an alleged kickback scheme.
- Rafe successfully obtained summary judgment on behalf of his client, a lawyer, who was sued for RICO conspiracy claims. Rafe handled appeal of the judgment, which was affirmed by the Fifth Circuit.
- Obtained take-nothing jury verdict in favor of a large oilfield services company in a class action lawsuit in Federal Court under the Fair Labor Standards Act (FLSA) related to claims that employees were forced to work off the clock.
- Successfully obtained summary judgment rulings for general contractor resulting in favorable settlement during jury selection in construction dispute relating to more than fifteen alleged construction defects at Las Vegas high-rise casino.
- Obtained favorable settlement during jury selection for general contractor in construction dispute relating to water intrusion issues brought by Home Owner's Association in several condominium complexes in West Palm Beach, Florida.
- Obtained favorable settlement in favor of contractor in construction dispute relating to alleged failure of glass panels in a City of Santa Monica, California public building.
- Successfully obtained summary judgment in favor of a Fortune 50 insurance company in Federal Court in coverage litigation relating to professional liability exclusion in a D&O policy.
- Obtained summary judgment and attorneys' fees in defense of Houston-based construction company against former LLC member.
- Obtained favorable settlement in favor of construction company in dispute with subcontractor related to an improperly-performed horizontal directional drill project.
- Successfully obtained summary judgment and attorneys' fees on behalf of minority unitholder for damages caused by Company's breach of limited liability company agreement.
- Successfully obtained dismissal of claims and award of attorneys' fees under Texas Anti-SLAPP statute against defamation claims brought against client.
- Successfully defended a Fortune 50 home improvement store in Federal District Court and on appeal in the Fifth Circuit on US$5 million contractual indemnity claims related to a joint venture project.
- Obtained favorable settlement in defense of attorney against claims of legal malpractice in a lawsuit filed in state court.
- Successfully obtained dismissal in favor of US-based energy company in Arkansas Federal Court suit alleging damages caused by hydraulic fracturing activities.
Rankings and recognitions
Rankings and recognitions
- Texas Super Lawyer, Thomson Reuters, 2024
- Best Lawyers in America: Ones to Watch, Commercial Litigation, Best Lawyers, 2021 - 2025
- Lawdragon 500 X – The Next Generation, Lawdragon, 2023 – 2024
- Texas Rising Star, Thomson Reuters, 2020 - 2021
Education
Education
JD, high honors, The University of Texas School of Law, 2012
BS, summa cum laude, Accounting and Business Administration, Friends University, 2009
During law school, Rafe was honored as a member of the 2012 Chancellor's Honors Society and the Order of the Coif. Rafe also served as a member of the Texas Law Review and competed with the University of Texas' Interscholastic Mock Trial Team. While at Friends University, Rafe played defensive line for the university football team.
Rafe is admitted to practice law in Texas.
Admissions
Admissions
- Texas State Bar
Publications
Publications
- "For the first time, the Supreme Court of Texas recognizes exception to eight-corners rule," Norton Rose Fulbright Legal Update, May 2020
- "Fourth Circuit Holds that CGL Policy Covers Data Breach Class Action," Data Protection Report, April 15, 2016
- "Will your reservation of rights letters enable you to preserve coverage defences?," Norton Rose Fulbright Insurance Focus, March 2015
- "State and Federal Regulation of the Transport of Oil Products by Truck, Rail, and Barge," 60 Rocky Mountain Mineral Law Institute 4-1, 2014
- "Insurer liable for policy holder voluntary payments," Fulbright Legal Update, August 28, 2013
- "Harris County Bench Book," ALM Publication, 2013
Speaking engagements
Speaking engagements
- "State and Federal Regulations of the Transport of Oil Products by Rail," CLE, Houston, Texas, April 2015
- "Global Litigation School--United States," London, England, November 2014
- "Gulf Coast/Southeast Insurance Case Law Update," Windstorm Insurance Network Conference, Orlando, FL, January 2013
- "Texas Rule 9a: Dismissal of Baseless Causes of Action," CLE, Houston, Texas, January 2013
Memberships and activities
Memberships and activities
- State Bar of Texas
- Litigation Section
- Construction Law Section
- Houston Bar Association
- Litigation Section
- Construction Law Section
- Lawyers for Literacy committee
- HBA Speakers Bureau
- Young Professionals in Energy
- Houston Volunteer Lawyers Program
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