Practice Areas
Commercial Disputes
The vast majority of our litigation practice involves commercial disputes in the energy, manufacturing, real estate, health care and banking industries, among others. While these cases usually involve claims for breach of contract, we have deep experience navigating all types of commercial disputes, including the legal, business and practical issues that arise. Litigation is expensive so we focus on the issues critical to achieving a successful outcome and we work efficiently to maximize our client’s interests and objectives.
Mergers, Acquisitions & Divestitures
We help individuals, private equity firms, venture capital firms, family offices, and companies of all sizes (from startups to Fortune 300 companies) buy and sell businesses in numerous industries. Whether this is our client’s first deal or 50th, and whether the purchase price is less than $1 million or more than $100 million, we have the depth of experience to assist our clients from the start of discussions through closing of the transaction.
Investor/Owner Disputes
Many of the commercial disputes that we handle involve investor or owner disputes. Often these matters are “business divorce” cases or disputes over the distribution of income or proceeds from the sale of the business. These disputes also often include fights for control of the entity and the valuation of a party’s membership interests. We are experienced at managing the personality and relationship conflicts that often accompany these disputes, and we have a thorough understanding of the statutory and common law governing the outcomes.
Commercial Transactions
Companies engage in numerous commercial transactions every day in order to operate and generate revenue. We have broad and extensive experience reviewing, drafting, and negotiating commercial agreements of all types for all kinds of situations. Our depth of experience allows us to work in a tailored, yet efficient way to assist clients with their day-to-day operational needs. We also assist our clients by preparing forms and implementing internal systems and checklists for their independent use.
Director & Officer Liability
We work closely with boards of directors and senior management and advise them concerning fiduciary duties owed to their business organization, as well as their potential personal liability for breaching such duties. If a lawsuit arises, we are well versed in defending against these claims, whether insured or not. We also represent aggrieved shareholders in actions against officers and directors for, among other things, breach of fiduciary duty and shareholder oppression.
Company Formation & Governance
We work with individuals and start-ups to form new limited liability companies, partnerships and corporations; issue equity in the company; and establish the company’s governing documents (including company agreements, shareholder agreements and buy-sell agreements). A company’s governing documents establish the rules for how the entity makes decisions, issues equity, distributes income and deals with specific scenarios (including death or departure of an owner, and sale of the business). As companies grow and evolve it can be necessary to change the company’s entity type, entity structures and/or governing documents, and we regularly advise clients on the structure and terms of these changes to accomplish their goals.
Executive Compensation, Non-Competition & Non-Solicitation Agreements
We have long-standing experience representing clients with employee related claims. We handle cases on behalf of executives who are owed money under their compensation agreements or who are accused of failing to comply with their non-competition agreements. We also regularly represent employers in similar matters. Because we have represented both sides in these disputes, we understand the legal issues, market drivers and unique sensitivities present in these cases.
Real Estate Transactions
We regularly assist our clients in buying, selling, leasing, and constructing improvements on real property, both as investments and as a place to operate their own businesses.
Business Torts
We have broad experience prosecuting and defending business tort claims, including fraud, negligent misrepresentation, professional malpractice and tortious interference, among others. We understand the common law and statutory nature of these claims and the defenses available to defeat them. Given the potential for punitive damages if there is an adverse finding, we collaborate with our clients to develop an effective legal strategy to achieve their goals.
Joint Ventures
Two or more companies sometimes decide that collaborating on a specific project allows them to accomplish their goals more efficiently and economically than working alone. In these cases, a joint venture is often beneficial to both companies, and we regularly advise clients on joint venture formation, including whether to structure the joint venture as a separate legal entity or a contractual relationship.
Domestic and International Arbitration
We handle both domestic and international arbitration claims. We understand the arbitration process in self-administered arbitrations as well as those administered by tribunals like the American Arbitration Association and the ICC International Court of Arbitration, and how they differ from litigation. We have experience selecting arbitrators, conducting discovery in arbitration, managing all phases of the arbitration hearing, and confirming or challenging an arbitration award.
Private Placements & Capital Raising
Companies require money to grow. Sometimes the revenue a company generates is enough, but often, the money needs to come from third-party sources. We regularly advise clients raising capital through additional equity or debt issuances, including private placements, and help our clients navigate the complexities that these securities transactions often entail.
Real Estate
We frequently represent buyers and sellers in disputes arising from real estate sales transactions, as well as both landlords and tenants in lease disputes and foreclosures. We work closely with our real estate transactional lawyers to apply their knowledge and experience to navigate the complex issues that can arise when there are competing claims to property or development rights.
Non-Competition, Non-Solicitation & Confidentiality Agreements
Non-compete, non-solicit, and confidentiality agreements restrict a person or entity from engaging in certain activities or businesses. Sometimes restrictive covenants are stand-alone agreements unconnected to any transaction, but more often, they are integral components in an employment relationship or a larger, complex transaction, such as an acquisition, divestiture, or joint venture. We have extensive experience drafting and negotiating these types of agreements.
Energy
Energy litigation can be as complex as the energy industry. Our trial lawyers have broad experience representing clients in the myriad of issues that arise in energy litigation – from breach of purchase and sale agreements and royalty disputes to enforcing master service agreements. We work closely with our energy transactional lawyers to apply their knowledge and experience to help our clients resolve energy disputes through a favorable settlement or litigation.
Employment and Consulting Agreements
We regularly advise both companies and individuals with regard to employment and consulting agreements in the context of an acquisition or divestiture, and we also advise executives in connection with entering into new employment relationships or separating from an employer.
Defamation
We have handled numerous defamation, anti-SLAPP, and First Amendment cases for clients accused of posting incorrect commercial information on their websites or making false statements about their business competitors. We understand the Texas SLAPP statute and have secured dismissal of cases filed against our clients by bringing anti-SLAPP motions and appeals. We also counsel clients on pre-publication issues. We have the expertise needed to protect our client’s right to free speech, petition, and association.
Collection Actions
We are well versed in helping our clients recover funds owed under existing contracts, commercial leases, loan agreements, bankruptcy claim, or final judgments.
Mergers, Acquisitions & Divestitures
We help individuals, private equity firms, venture capital firms, family offices, and companies of all sizes (from startups to Fortune 300 companies) buy and sell businesses in numerous industries. Whether this is our client’s first deal or 50th, and whether the purchase price is less than $1 million or more than $100 million, we have the depth of experience to assist our clients from the start of discussions through closing of the transaction.
Company Formation & Governance
We work with individuals and start-ups to form new limited liability companies, partnerships and corporations; issue equity in the company; and establish the company’s governing documents (including company agreements, shareholder agreements and buy-sell agreements). A company’s governing documents establish the rules for how the entity makes decisions, issues equity, distributes income and deals with specific scenarios (including death or departure of an owner, and sale of the business). As companies grow and evolve it can be necessary to change the company’s entity type, entity structures and/or governing documents, and we regularly advise clients on the structure and terms of these changes to accomplish their goals.
Commercial Transactions
Companies engage in numerous commercial transactions every day in order to operate and generate revenue. We have broad and extensive experience reviewing, drafting, and negotiating commercial agreements of all types for all kinds of situations. Our depth of experience allows us to work in a tailored, yet efficient way to assist clients with their day-to-day operational needs. We also assist our clients by preparing forms and implementing internal systems and checklists for their independent use.
Real Estate Transactions
We regularly assist our clients in buying, selling, leasing, and constructing improvements on real property, both as investments and as a place to operate their own businesses.
Joint Ventures
Two or more companies sometimes decide that collaborating on a specific project allows them to accomplish their goals more efficiently and economically than working alone. In these cases, a joint venture is often beneficial to both companies, and we regularly advise clients on joint venture formation, including whether to structure the joint venture as a separate legal entity or a contractual relationship.
Private Placements & Capital Raising
Companies require money to grow. Sometimes the revenue a company generates is enough, but often, the money needs to come from third-party sources. We regularly advise clients raising capital through additional equity or debt issuances, including private placements, and help our clients navigate the complexities that these securities transactions often entail.
Non-Competition, Non-Solicitation & Confidentiality Agreements
Non-compete, non-solicit, and confidentiality agreements restrict a person or entity from engaging in certain activities or businesses. Sometimes restrictive covenants are stand-alone agreements unconnected to any transaction, but more often, they are integral components in an employment relationship or a larger, complex transaction, such as an acquisition, divestiture, or joint venture. We have extensive experience drafting and negotiating these types of agreements.
Employment and Consulting Agreements
We regularly advise both companies and individuals with regard to employment and consulting agreements in the context of an acquisition or divestiture, and we also advise executives in connection with entering into new employment relationships or separating from an employer.
Commercial Disputes
The vast majority of our litigation practice involves commercial disputes in the energy, manufacturing, real estate, health care and banking industries, among others. While these cases usually involve claims for breach of contract, we have deep experience navigating all types of commercial disputes, including the legal, business and practical issues that arise. Litigation is expensive so we focus on the issues critical to achieving a successful outcome and we work efficiently to maximize our client’s interests and objectives.
Investor/Owner Disputes
Many of the commercial disputes that we handle involve investor or owner disputes. Often these matters are “business divorce” cases or disputes over the distribution of income or proceeds from the sale of the business. These disputes also often include fights for control of the entity and the valuation of a party’s membership interests. We are experienced at managing the personality and relationship conflicts that often accompany these disputes, and we have a thorough understanding of the statutory and common law governing the outcomes.
Director & Officer Liability
We work closely with boards of directors and senior management and advise them concerning fiduciary duties owed to their business organization, as well as their potential personal liability for breaching such duties. If a lawsuit arises, we are well versed in defending against these claims, whether insured or not. We also represent aggrieved shareholders in actions against officers and directors for, among other things, breach of fiduciary duty and shareholder oppression.
Executive Compensation, Non-Competition & Non-Solicitation Agreements
We have long-standing experience representing clients with employee related claims. We handle cases on behalf of executives who are owed money under their compensation agreements or who are accused of failing to comply with their non-competition agreements. We also regularly represent employers in similar matters. Because we have represented both sides in these disputes, we understand the legal issues, market drivers and unique sensitivities present in these cases.
Business Torts
We have broad experience prosecuting and defending business tort claims, including fraud, negligent misrepresentation, professional malpractice and tortious interference, among others. We understand the common law and statutory nature of these claims and the defenses available to defeat them. Given the potential for punitive damages if there is an adverse finding, we collaborate with our clients to develop an effective legal strategy to achieve their goals.
Domestic and International Arbitration
We handle both domestic and international arbitration claims. We understand the arbitration process in self-administered arbitrations as well as those administered by tribunals like the American Arbitration Association and the ICC International Court of Arbitration, and how they differ from litigation. We have experience selecting arbitrators, conducting discovery in arbitration, managing all phases of the arbitration hearing, and confirming or challenging an arbitration award.
Real Estate
We frequently represent buyers and sellers in disputes arising from real estate sales transactions, as well as both landlords and tenants in lease disputes and foreclosures. We work closely with our real estate transactional lawyers to apply their knowledge and experience to navigate the complex issues that can arise when there are competing claims to property or development rights.
Energy
Energy litigation can be as complex as the energy industry. Our trial lawyers have broad experience representing clients in the myriad of issues that arise in energy litigation – from breach of purchase and sale agreements and royalty disputes to enforcing master service agreements. We work closely with our energy transactional lawyers to apply their knowledge and experience to help our clients resolve energy disputes through a favorable settlement or litigation.
Defamation
We have handled numerous defamation, anti-SLAPP, and First Amendment cases for clients accused of posting incorrect commercial information on their websites or making false statements about their business competitors. We understand the Texas SLAPP statute and have secured dismissal of cases filed against our clients by bringing anti-SLAPP motions and appeals. We also counsel clients on pre-publication issues. We have the expertise needed to protect our client’s right to free speech, petition, and association.
Collection Actions
We are well versed in helping our clients recover funds owed under existing contracts, commercial leases, loan agreements, bankruptcy claim, or final judgments.