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Practices

Education and Clerkships

J.D., Northwestern University School of Law, 2010, cum laude; Order of the Coif; Northwestern University Law Review, Senior Articles Editor

B.A., Applied Mathematics, Yale University, 2004,

B.A., International Studies, Yale University, 2004, with distinction

Bar Admissions

Texas, 2010

Court Admissions

U.S. Court of Appeals for the Fifth Circuit

U.S. District Court for the Eastern District of Texas, 2015

U.S. District Court for the Southern District of Texas, 2015

U.S. District Court for the Western District of Texas, 2015

U.S. District Court for the Northern District of Texas, 2010

Profile

Whether representing international corporations, financial institutions, or boards of directors, Richard Guiltinan uses an analytical approach to solve complex problems facing his clients.

In addition to his litigation experience, Richard has helped clients respond to investigations and subpoenas from a broad array of federal and state agencies, such as the Department of Justice, the Securities and Exchange Commission, the FBI, and the Office of the Texas Attorney General. Richard understands that such matters are particularly sensitive for his clients, and he focuses on resolving such matters quickly and expeditiously, while trying to minimize any disruption on his clients’ business, operations, and public relations.

Richard is a member of the Dallas Bar Association and has spoken about developments in securities litigation. He recently co-authored an article in the Securities Regulation Law Journal about the impact of the Supreme Court’s Halliburton II decision on the fraud-on-the-market presumption in securities fraud class actions. Richard is also committed to pro bono initiatives, such as representing clients seeking name changes in Texas family court.

Speeches/Presentations

  • “Opinion Disclosures after Omnicare Potential Pitfalls in Registration Statements,” presentation, Dallas Bar Association Securities Section, July 27, 2015.

Selected Client Representations

  • Representation of a leading financial services provider in an investigation by the U.S. Department of Justice’s Antitrust Division into alleged antitrust violations in the municipal finance industry.
  • Assisted in obtaining summary judgment dismissal of contract and tort claims against executive of international financial services firm related to alleged $100 million business agreement; case currently on appeal before Fifth Circuit.
  • Assisted with defense of SEC investigation of accounting treatment related to non-recurring revenue transactions, disclosures, and financial statements of Fortune 200 company.
  • Assisted in defending broker-dealer regarding SEC investigation of offering disclosures related to real estate tenant-in-common (TIC) programs; investigation closed without action.
  • Representation of AT&T before the DOJ and FCC on antitrust matters related to proposed acquisition of T-Mobile USA, including pre-merger integration counseling and planning.

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)


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