The firm has a wide and varied base of experience in civil litigation matters. The firm has handled complex commercial matters across multiple industries. The firm’s experience ranges from representation of individual directors, bankruptcy trustees, receivers, international banks and corporations.
Each partner, associate or paralegal working on a client’s matter understands the singular importance of resolving the dispute in the client’s favor. In order to best represent the client’s interest and obtain the most favorable outcome it is crucial that our attorneys and staff understand how to resolve disputes at every level. The firm can resolve disputes through litigation, arbitration, mediation or negotiation.
The best way to resolve a dispute favorably for our client is to be better prepared than the opposition and to assume that the case must proceed to trial for a final resolution. Many lawyers do not take this approach; rather, they take a short-term approach and focus on only the tasks at hand. But preparing for all potential outcomes and understanding the strengths, weaknesses, tricks and traps of the client’s case and the opponents’ strategy will undoubtedly produce the best results in the long run. Methodical preparation and consistent effort are essential to successful dispute resolution.
“Life is really simple”, said Confucius, “but we insist on making it complicated.” Complex commercial cases are never simple. But in many cases, the best result is usually achieved by focusing on the little things and reducing the case to its simplest form. Better preparation and understanding of the facts and law allows our talented advocates to simplify the client’s position so that the case is presentable, persuasive and compelling. The result? Happy clients and successful results.
But while the firm will go the extra mile in its preparation and understanding of the client’s case, each of the lawyers here are practical. There are some cases that are unlikely to be winnable. If we consider it in our client’s interest to recommend settlement, we will do so. If the client should go to trial, then we go to trial. Successful dispute resolution requires a healthy dose of cost-benefit analysis and risk assessment. Contact us today to schedule a consultation for your case.
Fiduciary Litigation – Commercial Litigation
Texas law imposes special duties on a person who serves as an executor, administrator, guardian and trustee. This is called a fiduciary duty, which encompasses the duty to account for and to fully and accurately disclose the transactions of the estate or trust, the duty of loyalty to the beneficiaries, the duty not to self-deal with the estate or trust assets, the duty to make the estate or trust assets productive, the duty of impartiality between the beneficiaries, among others. State law also requires trustees to invest and manage assets as a prudent investor would, to review the trust assets vigorously,to make prudent decisions as to the investments of the trust portfolio, and to diversify the investments of the trust appropriately. Our firm represents corporate fiduciaries as well as individuals, trustees, executors, guardians, beneficiaries, charitable organizations, educational institutions, banks, trust departments, officers and directors, shareholders and entities that hold a fiduciary position. We have litigated matters arising out of breaches of fiduciary duty litigation, will and trust contests, and claims disputes. We also advise clients on best practices to avoid litigation.
Not every case concludes at trial. Appellate practice in Texas has become increasingly complex, so it is important to have an attorney who understands the intricacies of the process, crafts innovative strategies, and presents effective oral arguments to a panel of appellate judges. The appellate process often includes motions for post-trial relief, motions to vacate, motions for reconsideration, appeals, oral arguments and writs. Our firm handles appeals in both state and federal courts.
Class Action Commercial Litigation
When a group of people, such as consumers, business owners, employees, or borrowers, believes they have each been wronged in the same way by the same entity, they can form into a “class,” which combines their individual claims into a single lawsuit. Our attorneys represent companies across many industries facing threatened or existing class action litigation. Class action claims can arise in a variety of different settings, but often involve product liability, unfair business practices, securities, antitrust, and consumer protection claims. We handle class actions in a broad spectrum of industries, including telecommunications, technology, financial services, retail sales, aerospace and defense, chemicals, pharmaceuticals, manufacturing, food and beverage, and transportation. Our attorneys have defeated class certifications and won prompt dismissals in class action lawsuits.
Oil, Gas & Energy
Texas is a major oil and gas-producing state, which means disputes over oil and gas issues frequently arise. Our attorneys have comprehensive knowledge of related federal and state regulations and laws regarding these issues. We have extensive experience dealing with litigation involving many facets of oil and natural gas disputes. Our firm has represented individual mineral interest holders in royalty class actions, oil exploration, and production companies in bankruptcy proceedings, and commercial litigation arising out of the termination of business relationships in the energy industry.
Complex Commercial Litigation
From a business perspective, the prospect of complex commercial litigation is daunting and costly. Our firm routinely handles complex commercial litigation matters, offering clients experience and service across industries and jurisdictions. Prior to commercial litigation, we develop case themes and perform investigations on behalf of clients in order to develop the best strategy to attain our client’s business objectives. We advocate for our clients in a variety of complex commercial disputes, including contract disputes, financial institution disputes, fraud, and unfair competition disputes, insolvency and restructuring-related disputes, and trade secret disputes. Our lawyers have tried complex commercial cases before judges and juries, and have handled arbitrations before arbitral panels throughout Texas and the U.S.
Professionals such as lawyers, accountants, engineers, architects, and surveyors have a duty to act reasonably according to the standards of practice in their respective fields. Professional malpractice occurs when a professional fails to adhere to generally accepted professional standards, which results in harm to subordinates, clients, or patients. Not every mistaken tactical decision or professional opinion constitutes negligence, much less a breach of fiduciary duty, but if a professional has failed to act in accordance with the industry rules, customs, and practices, a viable claim for malpractice may exist.
Stockbrokers do not always have their investor’s best interests at heart. When brokers put their own interests ahead of yours, make self-serving attempts to generate larger commissions, fail to manage your account according to your needs and objectives, fail to inform you about risks in your investments, or fail to explain their investment strategies, this may constitute a breach of duty as a fiduciary. Our team possesses the knowledge and experience to confront complex financial disputes that arise in securities litigation.
When the officers and directors of a publicly traded company breach their fiduciary duties, the company itself is harmed by the misconduct. In these types of cases, the shareholders bring an action on behalf of the corporation because the company’s directors and officers, who run the company, cannot initiate a lawsuit against themselves, even in the event of their own misconduct. The monetary recovery achieved in a shareholder derivative action is returned to the company, which increases the company’s share price and generates a profit for all shareholders. Our firm routinely represents corporations, officers, and directors in shareholder derivative actions involving claims of fraud, breach of fiduciary duty, mismanagement, and negligence. We also help clients navigate investigations by the SEC, FINRA, DOJ and state attorneys general.
Intellectual Property Commercial Litigation
Protecting your valuable intellectual property rights might require litigation. As infringement becomes more prevalent, companies have an ever-increasing need for strategies to ensure maximum protection for their ideas and technology. Our firm handles a variety of intellectual property disputes, including patent infringement and reexaminations; trademark infringement, opposition, and cancellations; trade dress infringement; trade secret theft; copyright infringement; domain name disputes; contract disputes; and license disputes. Our attorneys have represented clients in an array of fields, including consumer electronics, wireless technologies, telecommunications, IT, computers, fiber optic and communications equipment, the Internet, semiconductors, software, business method patents, chemicals, medical devices, pharmaceuticals, and biotechnology products.