T H Hill Associates, Inc. v. Jeffrey A. Benson, et al.; Cause No. 2012-75246; In the 152nd Judicial District Court of Harris County, Texas
Obtained temporary injunction against seven former employees for violating their non-competition agreements with T H Hill and for misappropriating T H Hill's confidential, proprietary, and trade secret information after the defendants resigned en masse to service one of T H Hill's international customers on behalf of T H Hill's competitor and former agent.
M7 Capital LLC, v. Theodore B. Miller Jr. a/k/a Ted B. Miller Jr., 11th District Court, 2007
Represented a developer of an aerospace parts business in fraud and breach of contract trial.
Global Trademark Coexistence Agreement
Crafted a trademark coexistence agreement affecting the parties' rights to use and register trademarks throughout the world in connection with retail consumer goods in order to settle a trademark infringement lawsuit.
“Single Employer” Title VII Issue in Franchisor-Franchisee case for Berryhill Hot Tamales
In a matter regarding when a franchisor can be potentially held liable for the acts of one of its independent franchisees, our team obtained summary judgment for a restaurant franchisor, Berryhill Hot Tamales. Our client’s independent franchisee was alleged to have violated Title VII regarding allegations of sexual harassment. The plaintiffs sought to create liability for the franchisor by arguing that it was a joint employer or “single enterprise” along with the franchisee.
Go Figure, Inc. v. Curves Int'l, Inc. (S.D. Tex.-Houston Div. 2011)
Represented health and fitness center company, Curves, in a trademark infringement and antitrust lawsuit involving a software vendor. The software vendor, Go Figure, Inc., sued Curves for declaratory relief related to Go Figure's use of Curves' trademarks as well as for purported antitrust violations under the Sherman Act after Curves developed its own health care management software. After more than two years of litigation on those charges and counterclaims of trademark infringement, the parties proceeded to trial. After only two days of witness examinations, the vendor sought a settlement, providing Curves with a take-nothing judgment and compensation.
American Wires v. Texas Auto Solutions et al. (61st Dist. Ct., Harris County, Tex. 2010)
Represented after-market automobile parts distributor in case involving breach of a non-competition agreement and misappropriation of confidential information. We obtained a partial summary judgment and judgment after a bench trial on both of claims in the approximate aggregate amount of $795,000, in addition to a permanent injunction restraining the defendants from continuing to misappropriate the client's confidential and proprietary information.
In re ASARCO, LLC, No. 05-CV-21207 and related adversary proceedings (Bankr. S.D. Tex.) (confirmation Nov. 13, 2009); Nos. 09-CV-177 and 07-CV-00018 (S.D. Tex.)
In a closely watched multi-billion dollar Chapter 11 restructuring of a copper mining company labeled by the district court as "one of the most successful bankruptcy proceedings in recent history," represented the debtor's parent company and worked with bankruptcy, litigation, and labor teams in contested matters, adversary proceedings, and bankruptcy appeals to the district court and Fifth Circuit. These matters included an $11 billion fraudulent transfer, fiduciary duty, conspiracy and aiding and abetting adversary proceeding; litigation of novel issues pertaining to a long-standing labor dispute and the enforceability of a collective bargaining agreement and its successorship clause; disputes regarding proposed acquisition and auction of the debtor's assets; environmental claims and asbestos liability issues; and successful confirmation of the proposed plan of reorganization by both the bankruptcy court and district court.
ASARCO LLC v. Americas Mining Corp. (In re ASARCO LLC), Adversary No. 07-02011 (S.D. Tex.)
Assisted bankruptcy and tax counsel with briefing and argument of novel issues of law and preservation of error in adversary proceeding between parent company and wholly-owned, "disregarded" entity over ownership of a $50 million tax refund, liability for more than $100 million in post-petition federal income taxes owed under tax sharing agreement, and liability for taxes attributable to $600 million deferred intercompany gain.
Business Tort and Fiduciary Litigation
Representing a publicly traded energy company in litigation involving ownership disputes and allegations of breaches of fiduciary duties.
Dynegy Inc. Securities and Derivative Litigation
Represented Dynegy Inc. in putative securities class action and in shareholder derivative suits arising from allegations of fraudulent accounting treatment of certain energy contracts and a natural gas transaction, and from purported energy market manipulation.
HCC Employer Services, Inc. v. Westchester County Surplus Lines Ins. Co., 2006 WL 1663343 (S.D.Tex., 2006)
Summary judgment in favor of client declaring rights to coverage under errors and omissions insurance policy.
BHT Franchise Corporation v. Houston Franchise Partners LLC, et al.
Procured judgment for franchisor for damages, recurring fees, and attorneys' fees for breach of franchise agreement.
Houston Casualty Company v. Lexington Insurance Company (S.D.Tex., 2007)
Summary judgment in favor of client declaring rights to coverage under insurance policy.
Enron Corporation Securities Litigation
We are defending a major investment banking firm in multi-district litigation arising out of the collapse of Enron Corporation and involving single institutional plaintiff and class action suits.
Semiconductor Trade Secret Litigation
Represents a major international semiconductor-manufacturing company—Taiwan Semiconductor Manufacturing Company (“TSMC”)—in a trade-secret case pending in California state court. TSMC alleges that a Chinese competitor stole semiconductor-fabrication technology that it then unlawfully deployed in its business.
TAG Electric of Houston, L.P. v. InMotion Pictures, Inc.
Summary judgment dismissing all commercial claims against our client, InMotion Pictures, Inc.
Employer Incentive Compensation Plan Ligation
Complete defense award in an arbitration challenging stock forfeiture provisions in national employer’s employee incentive compensation plan, arbitrated in Houston, Texas.