Hal Sanders has more than 35 years of experience as a trial lawyer. He has tried cases involving franchising, distribution law, antitrust, employment covenants, trademark infringement, patent infringement, commercial law, and trade secrets, and both state and federal securities law. Hal also has experience handling both domestic and international arbitrations, dealer terminations, administrative litigation, and governmental investigations.
He is a trained mediator and arbitrator and is an approved arbitrator for U.S. District Court Appointment, Western District of Texas. The April 2007 issue of Franchise Times named Hal Sanders as one of 100 Legal Eagles in the franchise bar.
His recent experience includes:
- Defense of licensed automotive dealers in enforcement actions brought by Texas Department of Motor Vehicles.
- Defense of companies in enforcement action brought by the state of Texas, including various agencies and the Attorney General.
- Defense of banks in various commercial and real estate litigation.
- Defense of national financial institutions in connection with mold contamination of large commercial building.
- Defense of national landlords in various premise liability and occupancy disputes with tenants.
- Defense of Internet marketing company in trade secrets case.
- Defense of advertising agencies in various litigation matters.
- Defense of two cases involving employee stock options.
- Defense of Major League Baseball in a patent dispute over interactive features of its website.
- Obtained dismissal of franchisor in a complex breach of warranty case.
- Obtained favorable settlement in an environmental contamination case pertaining to a major airport.
- Obtained dismissal of a multi-count securities fraud and shareholder derivative action seeking $30 million which was affirmed by the Fifth Circuit in December 2005.
- Successfully defended a manufacturer against claims seeking $60 million by a state agency in a 23-day jury trial which resulted in a no liability finding.
- Successfully defended a health care company accused of theft of software.
- Successfully defended a company sued by a terminated employee for invasion of privacy and wiretapping in a ten-day jury trial.
- Successfully defended an antitrust claim against a product manufacturer in which the plaintiff sought $29 million in a four-week jury trial.
Other matters recently handled successfully include:
- Defense of construction companies and contractors.
- Represented a franchisor and new franchisee in a dealer dispute brought by terminated franchisee.
- Represented a Canadian manufacturer in enforcing trademark rights against a Texas company.
- Defended Lloyds of London, sued by the FDIC for a bankers bond of $30 million in a seven-day jury trial resulting in a no liability verdict.
- Defense of pipeline accused of monopolization of market for natural gas in a 24-day arbitration.
- Defense of natural gas utility against claims of monopolization and price fixing brought by class action residential and commercial customers in 10-week trial.
- Defense of software companies, computer chip manufacturers and telephone equipment manufacturers in patent litigation in the Austin Division of the Western District of Texas.
- Defense of a number of franchise and dealer terminations in the automotive, hotel and restaurant industries.
- Defense of real estate developers, land owners, and consultants in land use litigation in Austin, Texas.
- Defense of oil and gas producers in regulatory and environmental litigation.
- Defense of electric service providers in litigation with ERCOT and Public Utility Commission of Texas.
Selected Representative Experience
Kyle Holland v. Gexa Corp., et al Case No. A-03-CV-0904 (05-50902 5th Circuit) Western District of Texas, Austin Division
Successfully argued for a dismissal in a $30 million suit against Gexa Energy and the company's board for alleged nondisclosures that occurred after a minority shareholder had sold his stock at a profit. The Fifth Circuit Court of Appeals affirmed the dismissal in 2006.
Defense of Lawsuit Filed by ERCOT
Represented Frontera in a suit brought by ERCOT which manages the electric power grid in Texas. Our client generated electricity which was sold through the grid. ERCOT refused to pay the full price for our client and a suit was initiated which resulted in a settlement of a $15 million claim by our client. Six months later, ERCOT unilaterally recalculated the transaction by retroactively charging our client $750,000. We filed suit in U.S. District Court in Austin and recovered a judgment for $750,000 plus attorneys fees, prejudgment interest, and court costs. ERCOT filed notice of appeal and ultimately settled the case.