In the News

Haynes and Boone Lawyers Obtain Favorable Ruling for Party City

A team of Haynes and Boone, LLP lawyers successfully defended franchisor Party City Corporation against a failed franchisee’s claims of breach of the covenant of good faith and fair dealing, tortious interference, and promissory estoppel, achieving a complete defense judgment in which the judge further awarded the client $150,733.40 in damages on a counterclaim for past due amounts. >>



Recent Publications

29th Annual Litigation Update Institute Course Book Guest Article: Energy Law Update

This paper collects developments in energy law since the last Energy Law Update delivered by Walker Friedman at the January 2011 Litigation Update CLE. The paper covers case law update, regulatory and legislative developments and emerging topics in energy litigation, especially in the upstream sector of the oil and gas industry. >>

Understanding Hydraulic Fracturing: Issues, Challenges and Regulatory Regime

This Note discusses the advantages and disadvantages of hydraulic fracturing, certain federal, state and local regulations to which hydraulic fracturing is subject and the future of hydraulic fracturing. >>

The Advocate Guest Article: Shaking Up Established Case Law And Regulation - The Impacts Of Hydraulic Fracturing

Hydraulic fracturing is arguably the most significant development in the petrochemical exploration and production industry since Howard Hughes' invention of the rotary drill bit. >>



William D. White

Associate

Dallas


2323 Victory Avenue
Suite 700
Dallas, 75219
T +1 214.651.5516
F +1 214.200.0500

Áreas de Practica

Educación

  • J.D., University of North Carolina School of Law, 2006, with high honors, Order of the Coif; Senior Staff, North Carolina Law Review
  • B.S., Economics, Duke University, 2001, magna cum laude, Certificate in Markets and Management

Bar Admissions

  • North Carolina
  • Texas, 2008

Court Admissions

  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Texas

Judicial Clerkships

The Honorable Raymond A. Jackson, U.S. District Court for the Eastern District of Virginia
William D. White

Will White is an associate in the Business Litigation Practice Group of Haynes and Boone. His legal practice encompasses all matters relating to commercial litigation including franchise disputes, breach of contract, breach of fiduciary duty, lender liability, business tort litigation, and post-judgment collection.

Selected Experience

  • Conducted depositions of numerous plaintiffs as defense counsel for an international franchisor facing tort claims brought by a nationwide group of plaintiffs.
  • Assisted with discovery and depositions in a case involving multi-billion dollar lender liability tort claims.
  • Assisted with extensive post-judgment collection efforts as part of an international effort to collect a more than $140 million judgment against a foreign defendant.
  • Assisted on a Federal Circuit brief in a case involving the patent exhaustion doctrine in which a Federal District Court granted, and the Federal Circuit affirmed, summary judgment, resulting in a successful resolution of the matter for the client.

Recent Publications

  • "Energy Law Update," co-author with Thomas Kurth, 29th Annual Litigation Update Institute Course Book, State Bar of Texas, November 30, 2012.
  • "Understanding Hydraulic Fracturing: Issues, Challenges and Regulatory Regime," co-author with Tom Kurth, Practical Law Company, May 2012.
  • "Shaking Up Established Case Law And Regulation: The Impacts Of Hydraulic Fracturing," co-author with Tom Kurth, The Advocate (2012).
  • "Franchise Law Update," co-author with Deborah S. Coldwell, Altresha Q. Burchett-Williams, and Suzie Loonam, 62 SMU L. Rev. 1221 (2009).
  • "Franchise Law Update," co-author with Deborah S. Coldwell, Altresha Q. Burchett-Williams, and Suzie Loonam, 61 SMU L. Rev. 845 (2008).
  • "Where to Place the Burden: Individuals with Disabilities Education Act Administrative Due Process Hearings," 84 N.C. L. Rev. 1013 (2006).

Selected Representative Experience


Summary Judgment in American Airlines Center Litigation
Obtained complete summary judgment on breach of fiduciary duty claim asserted by companies controlled by Mark Cuban.

Varian Medical Systems, Inc. v. Janice Kenoyer, et al.
Represented an international medical device company in defense of a lawsuit brought by a competitor alleging claims of misappropriation of trade secrets, violations of the Texas Theft Liability Act, conversion, common law unfair competition, interference with contract, and aiding and abetting breach of fiduciary duty arising from the alleged actions of the competitor’s former employees.

AMTX Hotel Corporation v. Holiday Hospitality Franchising Inc.
Represented Holiday Hospitality Franchising, LLC (“Holiday Inn”) in defense of lawsuit brought by licensee, AMTX Hotel Corporation, related to alleged representations made by Holiday Inn regarding the renewal of plaintiff’s license and the licensing of additional Holiday Inn branded hotels in the Amarillo, Texas market. Holiday Inn prevailed on its motion to dismiss plaintiff’s claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and promissory estoppel. The plaintiff's sole remaining claim in the lawsuit is its claim for fraud.

Post-Judgment Collection
Pursued post-judgment collection against a judgment debtor on behalf of a wholesale distributor of construction materials.

Court Dismisses Franchisor’s CEO from Lawsuit Based on Plaintiffs’ Failure to State a Claim
A federal court dismissed the sole claim against the CEO for alleged violations of the DTPA because the franchisees failed to allege that the CEO engaged in any false, misleading, or deceptive acts or practices. Momentum Marketing Sales & Services, Inc. v. Curves Int’l, Inc., Business Franchise Guide (CCH), ¶14,215 (W.D. Tex. Jul. 28, 2009)

Franchisor Prevails on Motion to Dismiss Out of State Law Claims
A federal court ruled that Texas law trumped out-of-state statutory claims asserted by franchisees, even in states whose franchise statutes contained anti-waiver provisions, dismissing the out-of-state claims based on the Texas choice of law provision in the franchise agreements and on the “most significant relationship” test contained in the Restatement (Second) of Conflicts of Law. Momentum Marketing Sales & Services, Inc. v. Curves Int’l, Inc., Business Franchise Guide (CCH), ¶14,047 (W.D. Tex. Dec. 17, 2008).

Anti-Waiver Provisions in Franchisees' State Franchise Statutes Trumped by Texas Law
The federal court for the Western District of Texas dismissed all of the Curves franchisees’ causes of action based on the laws of their home states because Texas law, the law of the franchisor’s location and the law set forth in the choice of law clauses, applies. In this consolidated action, several Curves franchisees located across the United States asserted twenty-six non-Texas statutory claims based on the franchise act and consumer protection laws in the states where the franchisees are located. Franchisees argued that the anti-waiver provisions found in the laws of eleven states that contain franchises owned and/or previously owned by plaintiffs required the application of the laws where the franchisees are located. The federal court rejected this argument because the laws of the franchisees’ home states are inapplicable based on the application of the “most significant relationship” set forth in the Restatement (Second) of Conflicts of Law. Because Texas had the most significant relationship to the franchisees’ claims, the laws of the franchisees’ home states, including those states with anti-waiver provisions, were inapplicable. Thus, all of the franchisees’ twenty-six causes of action based on their home state laws were dismissed. Momentum Marketing Sales & Services, Inc. v. Curves International, Inc., Bus. Franchise Guide (CCH) ¶ 14,047 (W.D. Tex. Dec. 17, 2008).

Summary Judgment Defense Victory in Toll-Collection Technology Patent Case
Haynes and Boone established new precedent for patent exhaustion by obtaining summary judgment dismissal, with Federal Circuit affirmation, of a lawsuit alleging infringement of electronic toll collection patents in a case with broad implications for the U.S. toll collection industry. The case could have cost client Electronic Transaction Consultants Corporation (ETC) more than $60 million and had the potential to jeopardize the system that currently collects about 80 percent of all electronic tolls in the United States. The lawsuit was brought against ETC by TransCore, who alleged that ETC infringed four different TransCore patents that relate to the automatic electronic collection of tolls. TransCore sought more than $20 million in damages, which it sought to treble to $60 million. TransCore had alleged that ETC’s “use” of allegedly infringing toll-collection equipment infringed its patents. But the court held that TransCore’s earlier settlement with the equipment manufacturer had exhausted TransCore’s rights in the patents, and granted judgment to ETC.

Online Publications

04/05/2013 - 29th Annual Litigation Update Institute Course Book Guest Article: Energy Law Update
This paper collects developments in energy law since the last Energy Law Update delivered by Walker Friedman at the January 2011 Litigation Update CLE. The paper covers case law update, regulatory and legislative developments and emerging topics in energy litigation, especially in the upstream sector of the oil and gas industry.

11/27/2012 - Understanding Hydraulic Fracturing: Issues, Challenges and Regulatory Regime
This Note discusses the advantages and disadvantages of hydraulic fracturing, certain federal, state and local regulations to which hydraulic fracturing is subject and the future of hydraulic fracturing.

01/05/2012 - The Advocate Guest Article: Shaking Up Established Case Law And Regulation - The Impacts Of Hydraulic Fracturing
Hydraulic fracturing is arguably the most significant development in the petrochemical exploration and production industry since Howard Hughes' invention of the rotary drill bit.

06/01/2009 - Franchise Law Update
SMU Law Review, Vol. 62, No. 3, Summer 2009. Reprinted with Permission.
This article provides an overview of recent case law and legislative efforts that have had, or will have, an impact on franchises and dealers in Texas and the Fifth Circuit.

06/01/2008 - Franchise Law Update
SMU Law Review, Vol. 61, No. 3, Summer 2008. Reprinted with Permission.
This article provides an update of case law and legislative efforts that have had, or will have, an impact on franchise and dealership law in Texas and the Fifth Circuit.