Lancer Corporation Derivative Litigation (In re Schmitz)
Appeared before the Texas Supreme Court on an issue of first impression involving the sufficiency of a letter to satisfy pre-suit demand requirements for a shareholder derivative action under the Texas Business Corporation Act. The Texas Supreme Court found the challenged demand letter to be insufficient and ordered the trial court to dismiss the suit. In re Schmitz, 285 S.W.3d 451 (Tex. 2009)

In re Schmitz, 285 S.W.3d 451 (Tex. 2009)
In a significant victory for businesses that elect to incorporate under the laws of Texas, obtained the first ruling by the Texas Supreme Court on the strict statutory prerequisites for commencing shareholder derivative litigation.

Adelphia Communications v. Bank of America, 1:03-md-01529-LMM (S.D.N.Y.)
Represented one of the nation's largest lending institutions in a $10 billion adversary proceeding stemming from the Adelphia Communications Corporation bankruptcy, including handling multiple appeals to the Southern District of New York and the Second Circuit Court of Appeals.

In re Kimberly Clark Corporation, 228 S.W.3d 480 (Tex. App. - Dallas 2007, orig. proceeding)
Obtained a writ of mandamus ordering a trial court to dissolve its discovery order permitting intrusive environmental testing on defendant’s property.

Chase Medical v. CHF Technologies, No. 3:04-cv-02570 (N.D. Tex. 2007)
On behalf of a company that supplies products used in ventricular heart reconstructive surgery, assisted in preserving error and preparing the jury charge in a patent infringement suit, resulting in a $2 million judgment as well as an injunction against the use or sale of the infringing product.

Reynolds v. Murphy, 188 S.W.3d 252 (Tex. App. - Fort Worth 2006, pet. denied)
Obtained the first appellate opinion in Texas protecting the First Amendment rights of a newsletter publisher and author to publish general investment advice.

In re Tyco Electronics Power Systems, No. 05-04-01808-CV, 2005 WL 237232 (Tex. App. --Dallas Feb. 2, 2005, orig. proceeding) (not designated for publication)
In a mandamus proceeding in the Dallas Court of Appeals and the Texas Supreme Court, litigated the enforceability of a forum selection clause contained in an employment non-compete agreement.

Air Routing International Corp. (Canada) v. Britannia Airways, 150 S.W.3d 682 (Tex. App. - Houston [14th Dist.] 2004, no pet.)
Assisted with preserving error, preparing the jury charge, and drafting appellate court briefing in a multi-million dollar international fraud and conspiracy case involving the airline industry, resulting in a take-nothing jury verdict; obtained reversal of the trial court’s order denying a request for attorneys' fees.

Kondos v. Lincoln Property Co., 110 S.W.3d 716 (Tex. App. - Dallas 2003, no pet.)
In a case of first impression under the Telephone Consumer Protection Act, obtained reversal of an order certifying a class of more than 60,000 members who alleged “junk faxing” by a company that owns apartment complexes.

Bolle, Inc. v. American Greetings Corp., 109 S.W.3d 827 (Tex. App. - Dallas 2003, pet. denied)
Successfully defended a judgment setting aside an agreement on the basis of mutual mistake, in a case challenging the application of a contractual release given in one case to unrelated litigation pending in another state.

Stucky v. City of San Antonio, 307 F.3d 315 (5th Cir. 2002), on remand from, 536 U.S. 936 (2002)
Through a petition for certiorari to the United States Supreme Court, upheld a municipality’s right to impose safety regulations on municipal towing services.

City of San Antonio v. Stucky, 307 F.3d 315 (5th Cir. 2002), on remand from, 536 U.S. 936 (2002)
Through a petition for certiorari to the United States Supreme Court, upheld a municipality’s right to impose safety regulations on municipal towing services.

Lonza AG v. Blum, 70 S.W.3d 184 (Tex. App. - San Antonio 2001, pet. denied)
In a case that redefined the standard of review applied by the San Antonio Court of Appeals in cases involving personal jurisdiction over foreign corporations obtained reversal of a trial court’s order denying a Swiss corporation’s special appearance in a wrongful termination suit alleging fraud and intentional infliction of emotional distress.

McCutchin v. Addison Texas Tumbleweed, Inc., No. 05-98-01918-CV, 2001 WL 910940 (Tex. App. - Dallas Aug. 13, 2001, pet. denied) (mem. op.)
Obtained reversal of an adverse $1.2 million judgment in a wrongful eviction case and obtained a $100,000 judgment in favor of our client.

Barnett v. Network Solutions, Inc., 38 S.W.3d 200 (Tex. App. - Eastland 2001, pet. denied)
Successfully defended an appellate challenge to a judgment enforcing venue provisions in an online "click-wrap" agreement.

Mayhew v. Town of Sunnyvale, 964 S.W.2d 922 (Tex. 1998)
Won reversal of a multi-million dollar judgment in a zoning dispute against a Texas municipality.

Adelphia
Represented Bank of America, as agent for $2.5 billion credit facility owed by various Adelphia entities, in Adelphia’s Chapter 11 bankruptcy case. Successfully obtained payment in cash in full for clients when cable operations were sold to Time Warner and Comcast. Continue to represent Bank in related litigation.

$2.48 Billion Multi-Facility Finance - Cable Company
Represented the administrative agent in connection with the workout and eventual bankruptcy of a cable television company, resulting in a 100 percent collection of all indebtedness (subject to continuing litigation).