Complex litigation presents unusual challenges due to the high stakes depending on the outcome. The quantity or nature of documents at issue, expert knowledge needed to understand the facts, and the number of parties involved can result in complex commercial litigation complex.
The attorneys at Rochelle McCullough have wide and varied experience in civil litigation matters. We’ve successfully represented individual directors, bankruptcy trustees, receivers, international banks, and large corporations. Contact Rochelle McCullough to learn more about how we can provide you with effective legal representation.
Providing Clients with Effective, Experienced Legal Representation
At Rochelle McCullough, every partner, associate, and paralegal working on a client’s matter understands the importance of resolving the dispute in the client’s favor. We understand that it is crucial that our attorneys and staff understand how to resolve disputes at every level. Our attorneys have experience solving disputes through litigation, arbitration, mediation, or negotiation.
Some cases are unlikely to be winnable. If we consider it in our client’s interest to recommend a 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. We always make strategic decisions with our client’s best interests in mind, and we are mindful of using cost-effective ways to resolve disputes.
Not all matters can be resolved out of court; our attorneys are always prepared to litigate your case. The best way to resolve a commercial 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. We prepare for all potential outcomes and understand the strengths, weaknesses, tricks, and traps of the client’s case and the opponents’ strategy. Our attorneys work diligently to produce the best results in the long run. Methodical preparation and consistent effort are essential to successful dispute resolution.
Fiduciary Litigation – Commercial Litigation
Texas law imposes special duties on a person who serves as an executor, administrator, guardian, or trustee. This is called a fiduciary duty and requires accounting for and fully and accurately disclosing the transactions of the estate or trust. State law also requires trustees to invest and manage assets as a prudent investor would be for the benefit of the beneficiaries. When fiduciaries fail to breach their fiduciary duties, litigation can arise.
Our firm represents corporate fiduciaries, 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 from 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.” A class action lawsuit combines its individual claims into a single lawsuit. Our attorneys represent companies across many industries facing threatened or existing class action litigation. Rochelle McCullough has defeated class certifications and won prompt dismissals in class action lawsuits.
Commercial Litigation Related to Oil, Gas & Energy
Texas is a major oil and gas-producing state, and litigation over oil and gas issues frequently arises. Our attorneys have extensive experience dealing with litigation involving many facets of oil and natural gas disputes. Rochelle McCullough has represented individual mineral interest holders in royalty class actions, oil exploration, and production companies in bankruptcy proceedings, and commercial litigation arising from terminating business relationships in the energy industry.
Complex Commercial Litigation
The prospect of complex commercial litigation is daunting and costly for business owners. Rochelle McCullough routinely handles complex commercial litigation matters, offering clients experience and service across industries and jurisdictions. Before commercial litigation, we develop case themes and perform investigations on behalf of clients to develop the best strategy to attain our client’s business objectives.
We advocate for our clients in various complex commercial disputes, including contract disputes, financial institution disputes, fraud, 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.
Professional Malpractice Litigation
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, harming subordinates, clients, or patients. A viable claim for malpractice may exist when a professional has failed to act according to industry rules, customs, and practices.
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. Rochelle McCullough has the knowledge and experience to confront complex financial disputes in securities litigation.
When the officers and directors of a publicly traded company breach their fiduciary duties, the company can be harmed. Shareholders can bring an action on behalf of the corporation. 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 increasingly need strategies to ensure maximum protection for their ideas and technology. Our firm handles a variety of intellectual property disputes, including patent infringement and re-examinations; opposition, and cancellations; trade dress infringement; trade secret theft; copyright infringement; domain name disputes; contract disputes; and license disputes.
Discuss Your Case with a Commercial Litigation Attorney
Rochelle McCullough represents clients in the Dallas/Fort Worth area in commercial litigation related to fiduciary duties, class action commercial litigation, professional malpractice, securities litigation, and other complex commercial cases. Contact Rochelle McCullough to discuss your case with an experienced commercial litigation attorney.