Our litigators serve as trusted advisors to local, national, and international clients in matters of risk management, mediation and binding arbitration, pre-litigation strategy, trial, and appeal. The Commercial Litigation Section prosecutes, defends, and appeals complex civil cases in state and federal courts and before various regulatory authorities across the state of Texas and throughout the United States. The section represents and advises Fortune 500 companies, start-ups, small businesses, and individuals with aggressive and cost-effective representation.

For more information concerning our Commercial Litigation practice, please contact Bill Johnson or Craig Duewall.

REPRESENTATIVE CLIENT INDUSTRIES

FOCUS AREAS

Appellate

Many of our attorneys bring valuable expertise gained from judicial clerkships with courts of appeals throughout the state and the Texas Supreme Court and have successfully argued cases in virtually all civil appellate courts of the state of Texas, as well as the Fifth Circuit.

Arbitration

Whether advising clients and transaction counsel regarding the strategic implications of and drafting opinions in arbitration agreements, or advocating on behalf of clients in venues such as the American Arbitration Association and the National Association of Securities Dealers, our lawyers have broad experience in the law and practice of arbitration. The section’s concentrations in binding arbitration practice include the practice areas of construction and securities law.

Business Tort, Negligence & Premises Liability Defense

The firm defends clients in litigation involving various torts, such as alleged negligence and premises liability. The firm has successfully defended a number of slip and fall cases for restaurants and other retail establishments.

Construction

The Commercial Litigation Section has deep experience in risk management issues associated with commercial and residential construction projects, including contract drafting considerations and insurance coverage advice, binding arbitration, and litigation. We represent contractors, subcontractors, owners, lenders, homeowner associations, and fiduciaries across a broad spectrum of concerns, including contract liability, architectural design and engineering defects, defective workmanship, environmental liability, governmental immunity, and constitutional and statutory lien laws.

Employment

We represent employers in all types of employment-related litigation, including non-competition and trade-secret litigation, workplace harassment and discrimination claims, and breach of contract claims. We also represent employers before various administrative agencies such as the EEOC, the Department of Labor, the Texas Commission on Human Rights, and the Texas Workforce Commission.

Fiduciary

Discharge of fiduciary duty, as Justice Cardozo said, requires the punctilio of honor. Often working with other sections' expertise, Commercial Litigation has advised and represented clients in fiduciary disputes involving trusts, probate and estates, corporate officers, directors and shareholders, federal and state taxation, pensions, charities, professional malpractice, and similar matters.

Financial Institutions

The firm's litigators represent financial institutions, including banks and credit unions, in claims involving collections, sequestration, and other extraordinary relief. We also assist financial institutions in responding to garnishments, subpoenas, and actions seeking customer information, while ensuring compliance with state and federally mandated privacy rights.

General Business

Our lawyers represent a wide variety of businesses, from sole proprietorships to Fortune 500 companies, in prosecuting and defending general business litigation, including general commercial tort and breach of contract claims.

Insurance

Commercial Litigation advises and represents insurance carriers, agencies, insureds, and claimants in diverse disputes. These frequently involve policy defense in all lines, subrogation, coverage opinions, Stowers and bad-faith claim disposition issues, and contract and regulatory questions. The section also handles matters involving construction and commercial sureties.

Intellectual Property

Our commercial litigators have experience in cases involving theft of trade secrets in both state and federal courts, copyright and trademark infringement actions, and federal patent infringement claims. Illustrative cases involve computer software, retail product trade dress, customer lists, inevitable disclosure of trade secrets by departing employees, and patented and non-patented technology.

Local Counsel

As local counsel, we assist out-of-state counsel and in-house counsel in defending and prosecuting a variety of civil disputes from filing through trial in the federal and state courts in Austin, San Antonio, Houston and throughout the state of Texas.

Real Estate

Our commercial litigation attorneys represent real estate clients involved in all types of commercial, residential, and industrial projects with a diverse array of legal challenges, including landlord/tenant disputes, commercial lease disputes, premises liability, taxation issues, and leasing disputes.

Securities

Our litigators prosecute and defend directors, officers, brokers, and aggrieved individuals with reference to violations of both federal and state securities laws.