Chip Brooker is an associate in the Litigation/Trial Practice Section of Haynes and Boone's Dallas office. As a business trial lawyer, he has represented clients as lead counsel in state and federal litigation involving claims of fraud, breach of contract, breach of fiduciary duty, tortious interference, defamation, business torts, products liability, insurance coverage, and professional negligence among others. Mr. Brooker also has experience concerning the use of computer forensics and other electronic evidence in litigation, including the discovery, use, and admissibility of social media and other non-traditional communications.
Selected Client Representations
- Obtained a dismissal on the morning of trial in state district court on behalf of a physician-owned hospital and its executives defending against a doctor who claimed fraud, tortious interference, negligent misrepresentation, and conspiracy.
- Following a three-week bench trial in federal court, obtained a $13.3 million judgment on behalf of the nation's largest privately-held payment processing company on claims of civil RICO, fraud, and breach of fiduciary duty.
- Dissolved a temporary restraining order to allow an American sports investment company to close a $476 million transaction to acquire a mainline English Premier League football club.
- Obtained a complete summary judgment awarding a full-service commercial real estate firm all damages, attorney's fees, costs, and interest resulting from an unpaid commission owed by the former owner of an office building.
- Obtained a unanimous plaintiff's verdict in a state county court case concerning claims of statutory fraud in a real estate transaction, deceptive trade practices, and breach of contract.
- Obtained a unanimous plaintiff's verdict in a state district court case concerning claims of professional negligence.
- Expanded an insurer's standard statewide coverage provision in federal litigation concerning claims of breach of contract and bad faith insurance practices.
- Obtained a favorable settlement for the guardian of an estate in federal securities litigation concerning claims of breach of contract, breach of fiduciary duty, churning, unsuitability, and professional negligence.
- Exposed an anonymous online poster and pursued claims against his employer for business disparagement, tortious interference, and breach of certain confidentiality agreements.
- Tried six criminal cases to verdict as a Dallas County Assistant District Attorney in conjunction with SMU Dedman School of Law's Criminal Prosecution Clinic.
Selected Honors
- Selected for inclusion in the Texas Super Lawyers - Rising Stars Edition (2007-2009, 2011)
- Fellow, Texas Bar Foundation
- Life Fellow, Dallas Association of Young Lawyers Foundation
Selected Community and Professional Activities
- American Bar Association Young Lawyers Division, District No. 26 Representative, North and West Texas (2009-2011), Truth in Law School Education Committee (2011-2012)
- Texas Young Lawyers Association, Ex Officio Director (2009-2011)
- Dallas Bar Association, Director (2011-2012)
- Dallas Association of Young Lawyers, President (2012), President-Elect (2011), Vice-President (2010), Treasurer (2009), Secretary (2008), Director (2007), Member and Class Project Co-Chair, Leadership Class (2006)
- Dallas Association of Young Lawyers Foundation, Chair (2010), Secretary/Treasurer (2009); Trustee (2008)
- University Park United Methodist Church Weekday School, Secretary (2010-2012), Director (2009-2010)
- Soul's Harbor, Director (2010-2012)
- Alzheimer's Association, Greater Dallas Chapter, Speaker's Bureau
Selected Speeches and Presentations
- "Identifying and Dealing With a Wolf in Sheep's Clothing," Texas Young Lawyers Association, eNews, June 2011.
- Substitute Course Director, "Federal Court Practice Seminar," TexasBarCLE, May 2011.
- "Texas Supreme Court Restricts Access to Computer Hard Drives," Dallas Bar Association, Headnotes, May 2010.
- "Protecting Trade Secrets on the Internet," Webcast for the State Bar of Texas, August 13, 2009.
- "Summary Judgments: Evidence and No-Evidence Motions," Presented at the University of Houston Law Foundation's How to Offer and Exclude Evidence Seminar, July 10, 2009 (Houston); July 17, 2009 (Dallas).
- "Mission Impossible? Protecting Trade Secrets Posted on the Internet," Litigation Section of the State Bar of Texas, The Advocate, Winter 2008.
- "Civil Subpoenas & Electronic Communications," Dallas Bar Association, Headnotes, October 2008.
- "Clarifying Texas Civil Practice & Remedies Code § 41.0105 and Its Effect on the Collateral Source Rule," Dallas Association of Young Lawyers, The Dicta, June 2007.
- "Rehearing Frank's Casing: To Reimburse or Not to Reimburse, That is the Question," Texas Young Lawyers Association, eNews, May 2006.
- "Electronic Discovery: Ten Tips for Outside Counsel Representing Corporate Clients," Texas Young Lawyers Association, eNews, January 2006.
Selected Representative Experience
Transfirst Holdings, Inc.
Represented TransFirst Holdings, Inc., the largest privately held payment processing company in the U.S., in a federal suit against former officers for RICO violations, breach of fiduciary duties, fraud, and breach of contract. TransFirst discovered that the president and two vice-presidents of a payment processing division were operating a covert enterprise of competing businesses formed through the State of Nevada while simultaneously working for TransFirst. After one vice-president was terminated when TransFirst discovered he was an officer of a competing entity, a review of his papers and electronic files revealed evidence of a long-term conspiracy involving all three defendant officers. Prior to trial, the Court ruled in TransFirst's favor on liability for breach of fiduciary duty and breach of contract. TransFirst tried the RICO case on liability and damages to federal district judge Jorge Solis over the course of three weeks. A favorable final opinion from the court was issued on January 25, 2010.
Bernstein v. Thomas, 298 S.W.3d 817 (Tex. App.—Dallas, Oct. 13, 2009, no pet.).
Successfully defended on appeal a verdict in favor of purchasers of residential real estate who discovered that the seller failed to disclose substantial latent defects as required by the Texas Property Code, in violation of the Texas Deceptive Trade Practices Act.
Real Estate Litigation for Deceptive Trade Practices - Texas
Unanimous plaintiff’s verdict in favor of purchasers of residential real estate who discovered that the seller failed to disclose substantial latent defects as required by the Texas Property Code. Plaintiffs alleged claims for statutory fraud in a real estate transaction, deceptive trade practices, and breach of contract. In addition to awarding actual damages, the jury also affirmatively found that the defendants knowingly violated the Texas Deceptive Trade Practices Act.
Thomas v. Bernstein; Cause No. CC-05-09821-A (County Court at Law No. 1; Dallas County, Texas), affirmed on appeal, No. 05-08-00531-CV, 2009 WL 3260887 (Tex. App.—Dallas, Oct. 13, 2009, no pet.).
Fowler v. People’s Benefit Life Ins. Co., 2007 WL 2229053, No. 3:06-CV-1095-L, *1 (N.D. Tex. Aug. 3, 2007)
Expanded an insurer’s standard coverage provision and defeated the insurer’s summary judgment motion as lead counsel in federal litigation concerning claims of breach of contract and bad faith insurance practices.
Alexander v. Rogers, No. 03-07498-F (116th Dist. Ct., Dallas County, Texas); No. 05-00233-CV (Tex. App. --Dallas 2003); No. 05-0381 (Tex. 2005)
Part of team that defeated an attempt to supersede a $4 million judgment with a $1,000 supersedeas bond based on an allegation of negative net worth, and persuaded the court of appeals and Texas Supreme Court not to reduce the bond.
Cushman & Wakefield of Texas, Inc. v. Farmers Branch Group, LLC; No. 07-13362 (116th Dist. Ct., Dallas County, Texas, June 2009)
Obtained a complete summary judgment awarding a full-service commercial real estate firm all damages, attorney’s fees, costs, and interest resulting from an unpaid commission owed by the former owner of an office building.
Публикации
06/01/2011 -
Identifying and Dealing With a Wolf in Sheep's Clothing
It’s 10:00 a.m. on Monday morning, and the Defendant just served you with its Original Answer. You’re relieved to see that Harvey Dent is representing the Defendant. You have a long history with Harvey, who was a law school classmate of yours.
05/01/2010 -
Texas Supreme Court Restricts Access to Computer Hard Drives
The rising volume of electronic communications and electronic data storage has changed the game in complex commercial litigation. Today, the party that knows the electronic data the best generally wins.
11/01/2008 -
Mission Impossible? Protecting Trade Secrets Posted on the Internet
It is 4:00 p.m. on Friday. You are packing up your laptop computer and some files with hopes of beginning the weekend a few minutes early. The voicemail indicator on your office telephone blinks. Hesitating, you decide to check it.
10/01/2008 -
Civil Subpoenas & Electronic Communications
Electronic communications often make or break high-stakes civil litigation. For years, civil litigators have focused on e-mails to prove claims ranging from defamation to misappropriation of trade secrets.
06/01/2007 -
Clarifying Texas Civil Practice & Remedies Code § 41.0105 and Its Effect on the Collateral Source Rule
A collateral source benefit exists when a third party provides a plaintiff any benefit designed to compensate the plaintiff for damages proximately caused by a tortfeasor.
10/01/2006 -
Electronic Discovery: Ten Tips for Outside Counsel Representing Corporate Clients
Imagine you are a seasoned trial lawyer at a large, downtown firm. Following a successful “Beauty Contest” at the New York headquarters of Telco Corporation—a FORTUNE 500 telecommunications company—you are given the opportunity to represent Telco in future commercial disputes.
05/02/2006 -
Rehearing Frank's Casing: To Reimburse or Not to Reimburse, That is the Question
On February 15, 2006, the Texas Supreme Court heard oral argument in the rehearing of
Excess Underwriters at Lloyd’s v. Frank’s Casing Crew & Rental Tools, Inc. When originally decided, Frank’s Casing altered Texas insurance law by holding that an insurer, who pays to settle uncovered claims, has an implied right to seek reimbursement from an insured without obtaining its consent.