Aimee Minick Furness is a partner in the Business Litigation Practice Group of Haynes and Boone. Aimee is experienced in representing entities involved in actions based on tortious interference, breach of contract, and breach of fiduciary duty. She focuses on Real Estate litigation including condemnation and oil and gas issues. Aimee is experienced in franchise and distribution litigation including trademark infringement, breach of non-competition agreements, and breach of license agreements. She also specializes in assisting secured parties recover and retain their secured interest after default.
While Aimee’s focus is on litigation, she also provides clients with pre-litigation counseling. Aimee’s knowledge of frequently-litigated clauses (and the potential outcomes in those disputes) allows her to counsel her clients on potential contracts. Often, a well-written contract can significantly limit a client’s liability in a dispute.
Aimee focuses on clients' needs in litigation - whether that is a "bet the company" litigation or using procedural tactics to rid a client of meritless or frivolous claims. Aimee has tried cases to judgment in both state and federal courts before both judges and juries.
Selected Client Representations
- Obtaining summary judgment based on the statute of frauds on claims related to a sale of a large package of mineral interests.
- Representing James W. Giddens as Trustee for the SIPC Liquidation of MF Global, Inc. related to claims against one of MF Global’s service providers.
- Obtaining dismissal of franchisee's counter-claims and summary judgment on franchisor's claims on behalf of national franchisor resulting in complete franchisor victory in federal court, including award of attorneys' fees.
- Obtaining summary judgment on claims for negligent hiring, conspiracy, fraud and violations of the DTPA on behalf of a cutting-edge technology company.
- Obtaining favorable arbitration award for franchisor related to fees charged under franchise agreement.
- Favorable arbitration awards arising out of property-related disputes and landlord-tenant disputes.
- Favorable awards and settlements on behalf of private entities arising out of condemnation matters.
- Obtaining favorable resolutions for physicians and others involved in complex partnership and management disputes, including claims for breach of fiduciary duty, defamation, breach of contract, tortious interference, and negligence.
- Obtaining a favorable resolution for technology-related defendant in an action based on tortious interference with contractual relations claim.
- Obtaining a favorable resolution after sequestration of the secured goods on behalf of a technology company.
- Successfully trying cases to judgment for organizations involving real property and tenancy-related disputes.
- Assisting a major financial institution in quickly securing its interest in a customer's current communications equipment after the customer's default on its loan obligations.
- Representing franchisors in disputes related to breaches of license and franchise agreements.
- Representing franchisors in disputes related to Lanham Act violations.
- Assisting floorplan lender in securing its interests and obtaining a workout of the debtor's past-due debts.
- Obtaining writs of sequestration and temporary restraining orders to protect clients' secured interests.
- Successfully trying a lawsuit and defending a Fifth Circuit appeal - arising out of the sale of a financial derivative (an interest rate swap) - for a large national bank, defending against claims of fraud, negligent misrepresentation, violation of the DTPA, violation of the Texas Business Opportunity Act, violation of the Bank Holding Company Act, violation of the Texas Securities Act, gross negligence, breach of the implied duty of good faith and fair dealing, and breach of fiduciary duty; obtaining a take-nothing judgment in favor of the client as well as a money judgment on a breach of contract counterclaim.
Selected Speeches, Presentations, and Articles
- "Drafting and Counseling Clients on 'Boilerplate' Provisions: The Provisions that Can Cost (or Save) Your Client," - CLE program, 2011.
- "Swap Agreements: The Who, What, Where, When and Why of Litigating a Swap Case," Texas Business Litigation - Business Torts, Spring 2006.
- "Prejudgment Remedies: Sequestration, Attachment and Garnishment," University of Houston CLE; presentation and paper, 2004-2006.
- "Mapping your Case for Trial - even if it never gets there," TYLA eNews, February 2005.
- "Any Statements You Provide a Hyperlink to…Might Be Used Against You in a Court of Law" TADC's February 2005 e-Update.
- "The Fat of the Land - What you need to know about obesity lawsuits," Franchise Times, April 2005.
- "Arbitrations and Class Actions - the new conundrum," Franchise Times, May 2005.
- "The Promise of Federal Court - The Class Action Fairness Act of 2005," Franchise Times, June/July 2005.
- "All the Wine-ing Finally Paid Off," Franchise Times, August 2005.
- "Jury Waiver Clauses: Limiting the Unpredictability," Franchise Times, September 2005.
Selected Representative Experience
Fields v. Financial Security Services, et al.
Obtaining a take-nothing summary judgment for a financing company and individual directors against claims of breach of fiduciary duty, fraud, and other business torts.
K3C, Inc. et al. v. Bank of America, N.A., 2006 WL 3219811, 204 Fed. Appx. 455 (5th Cir. 2006)
Successfully trying a lawsuit and defending a Fifth Circuit appeal—arising out of the sale of a financial derivative (an interest rate swap)—for a large national bank, defending against claims of fraud, negligent misrepresentation, violation of the DTPA, violation of the Texas Business Opportunity Act, violation of the Bank Holding Company Act, violation of the Texas Securities Act, gross negligence, breach of the implied duty of good faith and fair dealing, and breach of fiduciary duty; obtaining a take-nothing judgment in favor of the client as well as a money judgment on a breach of contract counterclaim and recovery of attorney's fees.
Longhorn Associates, LP v. General Motors Corporation (Arbitration Proceeding)
After a week-long arbitration hearing before a panel of three arbitrators, obtained an arbitration award: i) granting plaintiff Longhorn’s claims against defendant GM regarding regarding GM’s breaches of the commercial lease with its landlord (Longhorn), ii) denying all of defendant GM’s counterclaims, and iii) awarding in excess of $600,000 in attorneys’ fees and expenses to plaintiff.
Passport Health, Inc. v. Travel Med, Inc. and Gina Flaharty (E.D. California - Sacramento, 2011)
Represented franchisor in breach of contract and trademark infringement suit against a franchisee who terminated its agreement. All of the franchisee's claims were dismissed by the court. The court also granted the injunction sought by the franchisor. Following a bench trial on the franchisor's damage claims, the franchisor was awarded more than $400,000 in damages and lost profits and recovery of its attorney's fees.
Rmax, Inc. v. Carlisle Companies, No. 0502610 (298th Dist. Ct., Dallas County, Tex.)
After a weeklong jury trial, obtained a judgment awarding damages for breach of a confidentiality agreement and all attorneys’ fees and expenses, which exceeded $750,000, and collected 100 percent of the judgment amount.
Rmax, Inc. v. Sarnafil , Inc. 2004 WL 2070967 N.D. Tex., 2004.
Obtained successful summary judgment severely limiting recovery by defendant in claim involving alleged product defects, economic loss rule, course of dealing, alleged breach of implied warranty of merchantability, and disclaimers of warranties.
State of Texas v. _____, Denton County Texas, 2011
Represented financial institution in condemnation proceeding. Successfully argued at the Commissioner's hearing for an award well above that initially offered by the State of Texas. The parties entered into a favorable Agreed Judgment prior to trial.
State of Texas v. _______, Dallas County Texas, 2011
Represented financial institution in protecting its secured interest in property during a condemnation matter against its borrower.
Total Energy v. Raley and Associates and Paul Cormier, E.D. Texas, 2011
Represented client in architectural malpractice claim against firm that designed and oversaw the installation of pressure vessel tanks in East Texas.