Litigation

You aren’t in business to litigate.

At Haynes and Boone, our lawyers start with listening to clients about how litigation relates to their overall business goals. We look at the big picture, considering long-term impacts to our clients’ businesses. It’s what sets us apart from other large national law firms and from many litigation-only boutiques.

We handle commercial litigation of all sizes and we know that any matter can be “bet-the-company,” depending on the client. Our unique approach ensures that the right team handles the right case. Whether the case is a contract dispute, a class action, a regulatory issue or is industry-specific, we are always mindful of a client’s need for efficiency and budget certainty.

Clients recognize the difference, noting in Chambers USA how they value Haynes and Boone’s “ability to be proactive and to manage our expectations. They’ve done a great job of developing relationships with our businesspeople.”

Our clients include industry leaders, such as Halliburton and AT&T, as well as high-visibility clients like the National Football League. We also represent a wide variety of other clients, including banks, financial services companies, manufacturers, technology and software companies, real estate firms and nonprofit institutions, among others.

A client-centered approach to litigation requires our lawyers to be creative, flexible and practical, often working in teams. Our sophisticated litigators can rely on and collaborate with a deep bench of talented Haynes and Boone lawyers, with nationwide reach, when a case demands it, but we recognize that needless discovery and scorched-earth tactics rarely reach positive results for clients.

While most litigation purposely never proceeds to trial, when it has, our skilled and experienced trial teams have obtained numerous successful jury and bench verdicts for our clients. Additionally, our nationally recognized appellate team works closely with our trial lawyers to ensure a complete and proper record is preserved at trial, in case an appeal is filed.

Our clients benefit from the diverse experience and broad scope of our litigation practice. In high-stakes, complex business litigation, especially in the federal courts, we know the judges and opposing counsel, and they know us. About a quarter of our litigators have been judicial clerks, and many of our team participate actively in – as well as lead – local, state and national bar groups and Inns of Court.

Touchdown

NFL Super Bowl Trial

Haynes and Boone Garners National Attention for "A Series of Touchdowns" Scored on Behalf of the NFL in Super Bowl Seating Trial

The verdict in the federal jury trial arising from the issues with the installation of temporary seating at Super Bowl XLV continues to garner national attention.  As quoted in the New York Times, Haynes and Boone partner and lead trial attorney Thad Behrens noted that “the NFL has always accepted responsibility for the problems that were experienced by some of its fans at Super Bowl XLV and has attempted from the beginning to compensate them for their genuinely received losses and inconvenience."  But on the most disputed issue in the trial—whether the League fraudulently induced two of the plaintiffs into purchasing seats with obstructed views for the game—the NFL prevailed decisively.  NBC Sports hailed the verdict as “a big win for the league.”  The Texas Lawbook called the verdict in the case the latest in “a series of touchdowns for the NFL’s lawyers, who all practice at Haynes and Boone.”  
 
When the case was filed in February 2011, the plaintiffs designed it as a multi-million dollar class action on behalf of potentially hundreds of Super Bowl XLV ticketholders.   The Haynes and Boone trial team began dismantling the opposition back in July 2012 when the Court dismissed nearly all of the tort claims in the case.  That victory was followed by another in 2013, when the team secured the denial of class certification.  
 
That led to Haynes and Boone’s successful defense of the League in the jury trial of the remaining eight Plaintiffs in the case. The Plaintiffs were seeking approximately $705,000 in actual and punitive damages. The Court granted a directed verdict in favor of the NFL on Plaintiffs’ punitive damages claims, and the jury ultimately awarded the Plaintiffs a total of only $75,850 – about $630,000 less than they were claiming. Of the victory, Thad Behrens said, “It has been a privilege and honor to represent the NFL in this case, and I couldn’t be more proud of the extraordinary team of Haynes and Boone lawyers and professionals who brought about this result for our client.”
 
The jury verdict in this case comes less than two months after Haynes and Boone obtained the dismissal of all claims brought against the NFL in connection with a class action brought in New Jersey arising from claims that the NFL’s distribution of tickets to Super Bowl XLVIII violated New Jersey’s Consumer Fraud Act.

Links to coverage - 

Texas Lawbook (subscription required)

NBC Sports

New York Times (subscription required)


News and Publications

Chambers

Chambers USA 2015

Chambers USA Recognizes 51 Haynes and Boone Lawyers

Fifty-one Haynes and Boone, LLP lawyers are recognized in the 2015 edition of the highly regarded Chambers USA directory of top lawyers and law firms.


Published by Chambers & Partners in May 2015

Litigation

Haynes and Boone Team Breaks SEC’s Winning Streak in Administrative Proceedings

Haynes and Boone Breaks SEC Winning Streak in Litigated Administrative Proceedings

A team of Haynes and Boone lawyers have achieved a rare victory against the Securities and Exchange Commission (SEC) Division of Enforcement in a venue in which the government has lost only once over the last three years. Until the decision Wednesday, the SEC had won 22 of the last 23 litigated hearings before its administrative law judges, including every single case brought in FY 2014. 

The extraordinary victory came in the firm’s representation of Bill Yancey, the former CEO of Penson Financial and an accomplished, highly regarded brokerage executive with more than 30 years in the securities industry. When the action was first brought, the SEC’s enforcement staff publicly accused Mr. Yancey of failing to supervise two employees regarding securities trade closeout and delivery obligations.

Kit Addleman, the Dallas-based litigation partner who heads the firm’s SEC Enforcement Defense Practice, said the decision from Administrative Law Judge Jason S. Patil was a complete defense victory. As the judge stated in his opinion, the evidence and testimony presented by the Haynes and Boone team “was frankly overwhelming.”

The trial team consisted of Dallas Partners Addleman and Ron Breaux and Dallas Associates Scott Ewing and Sarah Mallett. They were aided by Houston Associate Robert Carlton and Dallas Associate Jamee Cotton


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