Commercial Litigation

• Obtained take-nothing award after 5-day arbitration hearing in which opposing party was seeking $500,000 in damages.
• Defended a member of a limited liability company sued for breach of contract in a merger transaction valued at over $100 million. The plaintiff also sought a temporary injunction. After four days of testimony and evidence at the temporary injunction hearing, the parties reached a settlement favorable to Mr. Holt’s client.
• Obtained a net settlement of $717,950 on behalf of investors in a music distribution business that was subsequently discovered to be insolvent at the time of sale.
• Represented a corporation accused of fraud and breaches of the Texas Deceptive Trade Practices Act in connection with the sale of property that was alleged to be contaminated. The plaintiff sought over $2.4 million in damages. After a two-week trial in state district court, the jury returned a verdict in favor of Mr. Holt’s client, finding no liability.
• Obtained a defense verdict in favor of his client after a jury trial in a suit alleging that his client had fraudulently transferred the assets of a defunct company.
• Represented a financial technology company in a federal suit against a competitor for trademark infringement. A favorable settlement was obtained.
• Represented a company whose website had been unlawfully copied by a competitor. A complaint was filed alleging copyright infringement and theft of trade secrets and seeking monetary damages, a preliminary injunction and a permanent injunction. Before the hearing on preliminary injunction, the defendants agreed to a final judgment barring them from ever again operating a website in competition with Mr. Holt’s client.
• Obtained a declaratory judgment in favor of his client in a suit involving a partnership dispute after a jury trial.
• Represented a mortgage company that was sued by a mobile home retailer alleging destruction of their business because of the mortgage company’s fraud and breach of contract. Mr. Holt obtained summary judgment as to all counts in favor of his client.
• Represented a company sued for breach of contract, in which the plaintiffs also sought a temporary injunction. After one day of testimony and evidence at the temporary injunction hearing, the court denied the plaintiffs’ application for temporary injunction.
• Obtained dismissal of the plaintiff’s case against a co-signer on a promissory note, after the jury was seated, by convincing the judge to exclude all evidence of plaintiff’s damages.
• Obtained a judgment for all amounts sought by his client after a trial in a suit involving the sale of telephone equipment for export to Colombia.

Real Estate Litigation

• Represented numerous commercial landlords in suits to enforce leases.
• Represented commercial property owner in suit with neighboring property owner over access easement across neighbor’s property.
• Obtained a take-nothing award on behalf of commercial landlord in suit by tenant after arbitration hearing.
• Represented hotel operator in suit with neighboring property over infrastructure expenses.
• Represented hotel operator in dispute about property use with commercial property owners association.
• Represented commercial property owner in suit by commercial POA for violations of restrictive covenants. Suit was successfully resolved by POA’s dismissal of the suit.
• Obtained a judgment in the principal amount of $277,781 and $106,000 in attorneys’ fees for homeowners against general contractor for breach of contract to remodel the home.
• Obtained dismissal of homeowners’ association suit against property owner alleging violations of deed restrictions.
• Defended residential homeowners association in suit by homeowners to amend restrictive covenants.

Professional Negligence Litigation

• Obtained a settlement of $200,000 on behalf of his client against an environmental consulting firm that had negligently contaminated his client’s property.
• Represented a national commercial real estate company with claims against an environmental consulting firm for failure to identify contamination in pre-purchase due diligence. After a two-week trial in federal court, the client was awarded $650,000.
• Represented plaintiffs appealing a trial court’s summary judgment in a case involving alleged negligent misrepresentation and professional negligence by an accounting firm. Mr. Holt had primary responsibility for preparation of the appellate briefs and made oral argument of the case before the San Antonio Court of Appeals. The appeals court reversed the summary judgment and remanded the case to the trial court for trial on the merits as to both claims. (See, Ervin v. Mann Frankfort Stein & Lipp CPAs, L.L.P., 234 S.W.3d 172 (Tex.App. – San Antonio 2007, no pet.).)
• Represented an environmental consulting firm against claims of professional negligence related to the remediation of a site contaminated by diesel fuel. A favorable settlement was obtained for the client.
• Represented business in dispute with accounting firm for mishandling state sales tax payments. A favorable settlement was obtained without resort to litigation.
• Represented business in dispute with accounting firm for miscalculation of debt payments. A favorable settlement was obtained without resort to litigation.
• Represented mortgage broker and law firm in suit by homebuyer alleging negligence and breach of fiduciary duty. Plaintiff dismissed the case before the court could rule on clients’ motions for summary judgment.

Employment/Non-Competition Litigation

• Obtained an agreed permanent injunction after an evidentiary hearing in favor of an e-commerce company against former employees and their new company prohibiting violations of their employment agreements and the misappropriation of the client’s trade secrets.
• Obtained an agreed permanent injunction after an evidentiary hearing in favor of pipeline services company against former employee prohibiting violations of non-competition agreement.
• Represented a company with claims against a former employee that was disparaging and interfering with the business of the client. Mr. Holt obtained an agreed permanent injunction against the former employee and his current employer prohibiting further disparagement or interference by them.
• Represented a software development company in a suit against a former employee and her new employer for violation of a non-compete agreement and misappropriation of trade secrets. Mr. Holt secured an agreed permanent injunction favorable to his client after an evidentiary hearing.
• Represented employer in over-time suit under the Fair Labor Standards Act. A favorable settlement was obtained for the client.
• Represented employer in suit under the WARN Act. Plaintiff dismissed the case before the Court could rule on the client’s motion for summary judgment.

Insurance Litigation

• Obtained a settlement of over $750,000 from an insurance carrier for costs of defense incurred by the officers and directors of his client corporation in defending an underlying case involving claims of negligent misrepresentation and mishandling of chemicals.
• Obtained a settlement of $180,000 from an insurance carrier for costs of defense incurred by his client, the insured, in defending an underlying suit involving among other claims, negligent misrepresentation.
• Obtained a settlement of $81,000 from an insurance company on behalf of a homeowner for damages suffered during Hurricane Ike.
• Obtained a settlement of $69,000 from an insurance company on behalf of a commercial property owner for damages suffered during Hurricane Ike.

 Representative Legal Counseling & Business Transactions

• Regulatory compliance (including privacy, FCPA, BIS, and OFAC)
• Buy-Sell agreements
• Master service agreements
• Employment agreements (including confidentiality and non-competition agreements)
• Software license and maintenance agreements
• E-commerce (including website rules, privacy policies, and electronic signatures)