Representative Matters

Represented a restaurant and bar in defense of a claim under the Fair Labor Standards Act. The plaintiffs were former waitresses and bartenders claiming tip pool violations. The case was settled on favorable terms to the client after minimal discovery.

Won a unanimous jury verdict of $1.3 million on behalf of two former partners of an accounting firm based on the accounting firm’s failure to pay amounts owed to the partners following their separation from the firm, including amounts owed to them for the repurchase of their shares of stock in the accounting firm. The jury also unanimously rejected a counterclaim filed by the accounting firm in which the firm sought more than $750,000 in damages based on alleged breaches of non-compete provisions, confidentiality provisions, and buy-sell provisions of the partners’ employment agreements which would have required the former partners to pay the firm for any clients that left with the former partners.

Preparation of restrictive covenants for master-planned mixed-use communities in Dallas-Fort Worth region, including various subordinate restrictive covenants and condominium documentations.

Successfully represented mixed-use real estate developer in claims for breach of contract, breach of warranty and construction defect against its former general contractor involving substantial water infiltration in two luxury apartment buildings.

Represented a refinery service contractor in a breach of contract matter arising out of allegations that equipment manufacturer failed to deliver equipment in a timely manner and delivered equipment that did not conform to the requirements of the agreement. This matter centered on the interpretation of Article 2 of the Uniform Commercial Code dealing with delivery of goods, nonconforming goods, and lost profits as damages. The matter ultimately settled on confidential terms.

Assisted client in drafting and implementation of company policies.

Representation of foreign investors in the acquisition of outstanding minority interests in a proprietary pipe coating joint venture including negotiation of access rights over adjacent real property and licensing agreements for proprietary Technology.

Representation of the developer of a multi-phase, mixed-use, urban infill development in the negotiation of the underlying development services agreement and the negotiation of a long-term lease agreement with a regional grocer as the key tenant for the first phase.

Represented company asserting claims against former CEO and majority shareholder for breaches of fiduciary duties, fraud, and breach of contract.

Represented The Nature Conservancy and City of Austin in connection with the acquisition of over 2000 acres of land and conservation easements for open space preservation and water quality protection in ecologically sensitive Barton Creek watershed area.

Successfully negotiated seven-figure settlement in construction dispute in favor of clients

Won a jury verdict for a homeowner against a designer she hired to provide interior design services. Although our client paid the designer for several decorative pieces, the designer failed to purchase the items and then refused to return our client’s money. The designer filed a counter-claim for the amount of money he alleged was still owed under the terms of the parties’ agreement. A unanimous jury rendered a verdict in favor of our client finding that the designer breached their agreement.

Won a unanimous decision from the Texas Supreme Court on behalf of a major water bottling company in a dispute against land owners concerning the alleged drainage of an aquifer. The trial court granted a summary judgment at the lower court level, rejecting plaintiff’s attempt to obtain an injunction to halt the production of spring water from client’s largest water source.

Represented the seller of barge fleeting, shifting and towing company in the sale of substantially all of its assets to a strategic buyer and represented an affiliate of the Seller in the sale of real property used in the business along the San Jacinto River.

Represented a Midland, Texas-based company in the sale of their minority interest in an international pipeline composite liner manufacturer.

Won a unanimous jury verdict of $1.3 million on behalf of two former partners of an accounting firm based on the accounting firm’s failure to pay amounts owed to the partners following their separation from the firm, including amounts owed to them for the repurchase of their shares of stock in the accounting firm.   The jury also unanimously rejected a counterclaim filed by the accounting firm in which the firm sought more than $750,000 in damages based on alleged breaches of non-compete provisions, confidentiality provisions, and buy-sell provisions of the partner’s employment agreements which would have required the former partners to pay the firm for any clients that left with the former partners.