“I make a point of becoming an expert in my clients’ businesses. I dive into the subject matter and take the fight to the other side to get the best results for my client. I feel good about that.”
— Ian McNeill

Ian McNeill represents clients in all types of civil litigation matters, including contract disputes, construction defects, partnership or vendor disputes, fraud cases, and property cases. Ian also focuses on OSHA defense as well as other administrative law matters, such as Texas Medical Board investigations, healthcare investigations, or FDA enforcement actions. Detail-oriented, strategic, and tenacious, Ian is willing to simply outwork the other side. He leaves no stone unturned and pursues every avenue on behalf of his clients.

In 2020, Ian completed his OSHA 30-Hour Outreach Training for General Industry, complementing his broad experience as both an OSHA defense attorney and business litigator.

Ian began his legal career in the Harris County District Attorney’s Office, where he tried a wide range of misdemeanor and felony cases. As a result of his time as a prosecutor, he is fearless walking into a courtroom. After his tenure as a prosecutor, Ian turned to private practice, where he represented clients both in the prosecution and defense of a broad spectrum of cases. Ian utilizes his prosecutorial and civil litigation experience to evaluate each case with a unique perspective and advise his clients accordingly.

Although a native Houstonian, Ian is Scottish at heart and enjoys playing the bagpipes. At home, he is constantly in search of wall space because of his other hobby, outdoor photography. Last, but certainly not least, Ian and his wife have a son and a daughter who are just the right combination of love and mischief.

Primary Focus and Experience

• Business Litigation
  • Breach of Contract
  • Fraud
  • Breach of Fiduciary Duty
• OSHA Defense
• Construction Litigation
  • Construction Arbitration
  • Construction Defect
  • Construction Delays
• Administrative Law
  • Medicare Recoupment, Audits, & Appeals
  • Medicare Exclusions
  • Medicaid Dental Fraud
  • Medical & Professional License Defense
  • OIG investigations & Civil Investigative Demands
  • TRICARE Audits
• Healthcare Litigation

Recent Significant Engagements

• Represented an ethanol company in an OSHA case after the ethanol plant exploded. The client was originally charged with 16 items, all of which were related to the Process Safety Management standard. Out of 16 items, eight were reduced to Other Than Serious and three were vacated. Ian also negotiated a 25 percent penalty reduction.
• Represented a doctor charged by the Texas Medical Board with unprofessional conduct related to sexually oriented complaints against him. The hospital he worked for dismissed him because a complaint lodged against him was similar to a previous complaint that was dismissed without investigation. Ian demonstrated to the Texas Medical Board that the first complaint was rescinded by the complainant and showed several reasons why the second complaint was not true. The Texas Medical Board dismissed its case.
• Defended and negotiated settlement to rescind Medicare revocation on behalf of a DME supplier.
• Successfully settled a case involving a hydrogen sulfide release. The client was charged with six Serious items. Ian negated multiple elements of OSHA’s case, which resulted in the solicitor’s office vacating five items and allowing the client to pick one item and reduce it to Other Than Serious. In addition to preserving the client’s reputation, Ian was able to reduce the original penalty amount by nearly 70 percent.
• Represented physician practice in Medicare reconsideration appeal and hearing over denied charges and alleged overpayment resulting from a UPIC investigation.
• Reached favorable settlement in OSHA case involving a cave-in fatality by reducing total proposed penalty by more than 70 percent.
• Successfully settled an OSHA matter involving a serious explosion at a scrap metal yard by demonstrating injured worker’s status as an independent contractor.
• Represented a physician charged by the Texas Medical Board for unprofessional conduct related to allegations of violating a patient’s physical boundaries. Ian was able to demonstrate to the Texas Medical Board that the complainant was not truthful and had ulterior motives. The Texas Medical Board dismissed its case.
• Prosecuted case on behalf of a merchant cash advance company and recovered 100 percent of contractual payments from defendants.
• Reached favorable settlement in bankruptcy adversary case involving breach of fiduciary, fraud, embezzlement, and Uniform Fraudulent Transfer Act claims.
• Successfully mediated a settlement for a concrete manufacturer in a construction delay arbitration case.

Admissions

• State Bar of Texas
• United States District Court for the Northern District of Texas
• United States District Court for the Southern District of Texas
• United States District Court for the Eastern District of Texas

Education

• J.D., South Texas Collage of Law
• B.A., Political Science, Trinity University