A sample of past business litigation matters:
“Bet-the-Company” Litigation
- Defended a computer services company against fraudulent inducement and breach of contract claims in which the other party sought damages in excess of $800 million in damages.
- Defended an oil and chemical company against claims involving patents, trade secrets, the validity of employee secrecy agreements, the right to royalties on patents, defamation of character, infliction of emotional distress, civil conspiracy and breach of fiduciary duty in which the plaintiff sought in excess of $500 million.
- Defended a computer manufacturer in a $100 million product liability/wrongful death suit.
- Representation of an oil field services company against an oil company for breach of a contract that caused the services company to fail.
Partnership and Corporate Litigation
- Representation of directors and shareholders against another director for usurpation of corporate opportunities
- Representation of a limited partner of a major league baseball franchise in a challenge to the general partner’s attempts to amend the partnership agreement.
- Defended corporate directors who were accused of breaching their fiduciary duties by taking more in severance and other payments than that to which they were entitled under their employment agreements.
- Arbitration regarding a multi-million dollar investment banking fee.
Real Estate Litigation
- Representation of a major Dallas shopping center against a national retail chain for breach of a complex lease provision regarding tax payments.
- Representation of a real estate developer in connection with a former business associate’s allegation of partnership on a multi-million dollar project.
- Defended a major DFW real estate developer against a claim by its former chief financial officer that it breached its executive compensation plan with him and owed substantial bonus payments related to various developments.
- Defended a property owner and commercial real estate company in a multi-million dollar lease dispute involving zoning and other municipal laws.
Fiduciary Litigation
- Representation of beneficiaries seeking to disqualify fiduciaries for undue influence and conflicts of interest.
- Representation of parties with contractual right to be named beneficiaries of a will to prevent a guardian from dissipating the estate.
- Representation of institutional trustees accused of breach of fiduciary duty.
- Prosecution of stock churning and unsuitability claims against national brokerage firms, in one instance resulting in an arbitration award of treble damages.
- Representation of beneficiaries against an executor and others who conspired in wasting the estate’s assets.
Class Action Litigation
- Defended a company in a class action in which the plaintiff class sought in excess of $1.5 billion in damages. The case broke new ground by arranging for the entire settlement fund (as opposed to only the unclaimed or some other part of the funds) to be distributed cy pres.
- Defended a company against claims brought by a putative class of individuals and businesses who possessed the same claims as a certified class, but who had been excluded from the class definition.
- Defended a company in a class action against claims that its product – its only product – was defective.
- Defended a company in a class action whose business plan allegedly ran afoul of state law.