Philip M. Kinkaid

Senior Counsel

Houston

713-535-5542

pkinkaid@cokinoslaw.com

Practice Areas

Biography

Philip Kinkaid is Senior Counsel in the Houston office of Cokinos | Young, where he is a member of the Corporate & Real Estate Transactions practice group.

Philip has over 30 years of experience as a business, real estate and energy attorney.  He has represented clients in acquisitions and divestitures of a broad variety of assets and businesses. He has significant experience in the use of partnerships and limited liability companies, from the formation of start-up companies and the reorganization of family-owned businesses, to the structuring and negotiation of multinational joint ventures.

Philip’s real estate practice has primarily focused on acquisitions and divestitures of commercial and industrial real property, and on the development of real estate projects.

Philip has also represented numerous clients in the upstream and midstream sectors of the oil and gas industry, both with respect to transactional and contractual matters.  He has represented producers, institutional investors and other parties in the sale and acquisition of oil and gas properties, the structuring of sophisticated joint ventures for the development of such properties, and the negotiation of a wide variety of operational and commodity contracts.  He has also represented clients in the acquisition and divestiture of midstream energy facilities, including pipelines, processing plants and terminals, and the greenfield development of a major cross-border interstate natural gas pipeline.

After graduating from law school, Philip served as a judicial law clerk to Hon. Malcolm R. Wilkey of the U.S. Court of Appeals for the District of Columbia Circuit. After practicing for 17 years with Vinson & Elkins LLP in Houston, he served as an independent counsel to ExxonMobil’s real estate law group.  Philip was a partner in the corporate group of Burleson LLP, where he worked on a broad range of private M&A and energy transactions.  Most recently, he was Of Counsel to MillsHigbie LLP, where he assisted clients in the acquisition and development of commercial real estate.

Education

  • University of Virginia School of Law, J.D., 1984
    • Order of the Coif
    • Articles Development Editor, Virginia Law Review
  • Tulane University, B.A., History, summa cum laude,1981

Memberships & Affiliations

  • State Bar of Texas:  Business Law Section; Real Estate, Probate, & Trust Law Section
  • Houston Bar Association:  Mergers & Acquisitions Section; Real Estate Section
  • American Bar Association:  Business Law Section

Admissions

  • State Bar of Texas, 1985

Recognitions & Distinctions

  • AV rated by Martindale Hubbell Peer Review rating, the highest rating possible.

Representative Experience

Mergers & Acquisitions

  • Represented major commercial and residential waste collection business and its affiliates in a large scale divestiture in the sale of substantially all of its assets, including multiple properties throughout Central Texas.
  • Represented distributor of specialty industrial products in its equity acquisition of another such company, for $22 million, and in acquisitions of four smaller companies.
  • Represented private equity fund in its platform acquisition of the equity of a national specialty contractor for $32 million.
  • Represented light-industrial products and services company in its asset acquisition of a distributor of such products for $19 million.
  • Represented specialized services company in its equity sale to a non-U.S. buyer for $19 million.
  • Represented a provider of specialized retail services in its equity acquisition of a marketing company for $22 million.

Real Estate

  • Represented specialty engineering firm in sale-leaseback of headquarters complex and other facilities for $39 million.
  • Represented real estate developer in acquisition of land, and development of Target-anchored shopping center, in Fort Bend County, Texas, as well as other acquisitions of development sites and existing shopping centers.
  • Represented developer of major master-planned community in northwest Harris County, Texas with respect to various real estate matters, including anchor sale of parcel for school development.

Energy Transactions

  • Represented privately-held company in contribution of its Eagle Ford shale properties in central Texas to joint venture with major institutional investor; $300 million transaction closed within two weeks after letter of intent was signed.
  • Represented electric utility group in all transactional and contractual aspects of developing an upstream oil and gas business, both onshore (where it became one of the largest coalbed methane producers in the U.S.) and in the Gulf of Mexico; and represented such group in its subsequent divestitures of such business.
  • Represented major pipeline company in formation of consortium to develop a cross-border, interstate natural gas pipeline from offshore Nova Scotia to Boston area; and represented the consortium in various ongoing matters, including negotiations with competing project for joint development of shared pipeline.