Areas of Practice
- U.S,. Supreme Court
- U.S. District Court, Northern, Southern, Western and Eastern Districts of Texas
St. Mary's University School of Law, J.D., summa cum laude, Executive Editor, St. Mary's Law Journal, 1996
The University of Texas at San Antonio, B.A., Humanities, 1992
In the News
- May 6, 2015
Marty Truss brings a committed and tough, yet practical, approach to solving clients’ problems in complex commercial litigation. Working principally in the energy industry, Marty has represented clients in state and federal courts and arbitrations of complex business disputes throughout Texas, Oklahoma, Wyoming, North Dakota, Louisiana, Arkansas and New York. Marty frequently handles litigation involving disputes concerning mineral title, joint operating agreements, farmout agreements, pipeline agreements, IADC contracts, trade secrets, and securities fraud. He is the Co-Leader of the Firm's Energy Industry Team.
Marty Truss has represented major and independent producers, operators and other mineral interest owners, as well as oil field service companies, drilling contractors, pipeline companies and refiners in a wide variety of business litigation.
His experience includes:
Marty successfully defended a publicly-traded exploration and development company in arbitration involving claims for $300,000,000 in royalty damages. Net award was a small fraction of pre-suit settlement offer.
Trade Secrets Litigation. Marty served as trial counsel to TXCO Resources Inc., a publicly-traded exploration and production (E&P) company in successful prosecution of trade secret misappropriation claims against Peregrine Petroleum, LLC. Following a 41-day trial, the court awarded a multimillion judgment in favor of Reorganized TXCO, Inc. (reorganized through Chapter 11) on its claims for misappropriation of trade secrets. The court found that Peregrine solicited, obtained and misappropriated a substantial amount of TXCO’s trade secret information and data, both through its meetings with TXCO under a confidentiality agreement and through additional, improper channels.
Mineral Title Dispute. Marty obtained a multimillion dollar recovery in litigation involving a mineral title dispute.
Partnership Dispute. Marty obtained a multimillion dollar recovery in litigation involving partnership dispute and ownership of oil-producing properties.
Trial and Appeal in Mineral Rights Case. Marty favorably resolved, through trial and appeal, a dispute involving title to thousands of mineral acres in South Texas.
Class Action Resolved. Marty obtained favorable resolution for multiple publicly-traded and privately-owned oil and gas operating companies in a class action lawsuit filed in the Eastern District of Texas, Marshall Division.
Defense of Drilling Company – Claims of Catastrophic Damage. Marty obtained favorable resolution for a publicly-traded drilling company in suit filed in south Texas by fourteen plaintiffs asserting causes of action for negligence, trespass and nuisance. Claims included catastrophic damage, including property damage to residences and personal injuries allegedly caused by drilling operations. He obtained a take-nothing judgment on the merits, dismissing all causes of action by all plaintiffs against client and paying no settlement money.
Breach of Confidentiality and Non-Circumvention Agreement – Dispute Resolved. Marty obtained favorable resolution for publicly-traded drilling company in lawsuit filed in Oklahoma, alleging breach of confidentiality and non-circumvention agreement. Obtained judgment dismissing all causes of action against client and paying no settlement money.
Defense of Claims of Fraud, Breach of Fiduciary Duty. Marty obtained favorable resolution for a publicly-traded refining company against claims for fraud, fraudulent inducement, and breach of fiduciary duty; obtained dismissal and paid no settlement money.
- James M. "Marty" Truss & Reagan M. Marble, Texas Oil and Gas Case Law Update, 2 Tex. A&M L. Rev. 353 (2015).
- “Oil Slowdown Won't Stop Enviro Fights Over Eagle Ford,” Marty Truss and Rene Ruiz Interviewed by Law360February 12, 2015
- “Eagle Ford Attys Gear Up For Gush Of Lease Disputes,” Marty Truss Interviewed by Law360February 11, 2015
- “Sinking Oil Prices Drive Fresh Legal Work in Eagle Ford,” Katy Moore and Marty Truss Interviewed by Law360February 10, 2015
- Katy Moore, David Roth, Marty Truss and Corey Wehmeyer Named Among "2014-2015 Who's Who in Energy" by San Antonio Business JournalDecember 5, 2014http://www.coxsmith.com/Practices/OilGasandEnergyLaw
- James M. “Marty” Truss & Benjamin Robertson, Texas Oil and Gas Case Law Update, 1 Tex. A&M L. Rev. 347 (2014).April 1, 2014
- Tobin Olson, David Roth and Marty Truss Named to San Antonio Business Journal’s 2013-2014 Who’s Who in Energy ListNovember 25, 2013http://www.coxsmith.com/Practices/EnergyandNaturalResources
- James M. "Marty" Truss & Benjamin Robertson, Texas Oil and Gas Case Law Update, 19 Tex. Wesleyan L. Rev. 575 (2013)April 1, 2013
- "Oil and Gas Case Law Update," Authors Marty Truss and David Vanderhider, San Antonio Association of Professional Landmen 2011 Mid-Winter SeminarFebruary 12, 2011
- September 9, 2015
- September 8, 2015
- 12 Attorneys Receive “Lawyer of the Year” HonorsAugust 18, 2015
- November 6, 2014
- November 3, 2014
- September 24, 2014
- September 19, 2014
- Cox Smith & Shareholder Donna McElroy Each Receive President’s Awards from San Antonio Bar AssociationJuly 24, 2014
- September 17, 2013
- August 22, 2013
- February 21, 2013
- September 27, 2012
- September 6, 2012
- Cox Smith Client RTXCO Secures $15.9 Million Judgment for Misappropriation of Trade Secrets in Eagle FordJuly 31, 2012
- September 13, 2011
- 50 Cox Smith Attorneys Named 2012 Best Lawyers in America; Firm is Top Listed in San Antonio in 26 CategoriesSeptember 9, 2011
Memberships & Involvement
- San Antonio Bar Association
- President-Elect, 2014
- Vice President, 2013-2014
- Secretary, 2012-2013
- Treasurer, 2011-2012
- Board of Directors, 2009-2011
- State Bar of Texas
- District 10 Grievance Committee, Chair, 2014-2015
- District 10 Grievance Committee, Panel Chair, 2011-2014
- Oil, Gas & Energy Resources and Litigation Sections, Member
- American Bar Association Section of Litigation
- Division Director, 2014-2015
- Co-Chair, First Chair Press
- Co-Chair, Content Management Committee, 2011
- Co-Chair, Energy Litigation Committee, 2007-2010
- St. Mary's Law Alumni Association Board of Directors, President, 2013-2014
- Cox Smith Department Head, Oil, Gas and Energy
- Greater San Antonio Chamber of Commerce, Leadership San Antonio, Class XXIX
- North San Antonio Chamber of Commerce Leadership Lab, Alumnus
- Family Service Association Board of Directors, Board Member and Past Chairman
Awards & Recognition
- Recognized in The Best Lawyers in America® for Commercial Litigation, environmental and Real Estate Litigation, 2010-Present. Copyright 2015 by Woodward/White, Inc., Aiken, SC
- Recognized in Texas Super Lawyers® for Business Litigation, 2007-2015
- Selected for inclusion in "Who's Who in Energy," San Antonio Business Journal, 2012, 2014-2015
- Scene in SA, "San Antonio's Best Lawyers," 2005-2009, 2011-2012, 2014
- San Antonio Business Journal, "Outstanding Lawyer of the Year – Litigation," 2011
- Martindale-Hubbell® AV® PreeminentTM Peer Review Rating