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Commercial Litigation

Lawsuits are sometimes impossible to prevent. When they occur, you want a legal team that offers wide-ranging expertise and the one-on-one attention of a small firm. You want The New Guard.

FBFK can help you with all forms of business litigation, including:

Breach-of-contract disputes
Complex commercial litigation
Commercial real estate disputes
Partnership disputes
Business disputes
Intellectual property litigation
Business defamation
Business torts

Our Commercial Litigation Team

Representative Commercial Litigation Matters

  • Obtained a take-nothing judgment after a bench trial on a contested matter in bankruptcy court where plaintiff asserted fraudulent transfer and sought payment of $2 million under the Texas Uniform Fraudulent Transfer Act.
  • Obtained a $7.5 million arbitration award for two high-net-worth individuals against a “Big Four” accounting firm on professional negligence and fraud claims related to the marketing of fraudulent tax shelters.
  • Worked directly with outside counsel of multi-billion-dollar corporation on numerous products liability matters involving tractor-trailers
  • Defended one of the world’s largest publicly traded full-service real estate investment trust (REIT) companies in breach of contract disputes
  • Worked with a real estate investment trust (REIT) on distinct legal entities and theories related to single employer, joint employer, and agency and on punitive damages
  • Represented and advised business clients including Berkshire Hathaway-owned Burlington Northern Santa Fe, Dallas-based full-service event planning company, and owner of a construction business in litigation, policy, and regulatory and compliance matters
  • Assisted a client with a dispute over a sizable investment and allegations of breach of contract and fraud; revised complex settlement agreement which resulted in the return of the client’s investment
  • Represented third-party administrator on insurance coverage issues
  • Represented a large oil and gas producer on litigation issues
  • Represented  a client who had been discriminated against and underpaid on the basis of sex.
  • Represented a distributor who was terminated by a European manufacturer.
  • Obtained, as co-counsel a $4.5 million jury verdict in a real estate fraud case.

  • Represented employers in post-employment disputes with employees, including actions for violations of covenants, tortious interference with prospective business relations, disparagement, wrongful termination, and breach of fiduciary duties imposed by ERISA
  • Successfully defended telecommunications equipment manufacturer against employee’s claim of wrongful termination, obtaining a jury verdict in favor of the client in Denton County, Texas.
  • Drafted winning No-Evidence Motion for Summary Judgment in an employment litigation case

Securities Fraud & Business Tort Litigation
  • Successfully defended chief executive officer of a publicly traded corporation in Austin, Texas, against claims of securities fraud by an investor.  Notwithstanding a jury verdict in favor of the investor in the amount of $2,500,000, client obtained a judgment notwithstanding the verdict from the 98th Judicial District Court of Travis County, Texas, and the investor recovered nothing on its claims.

Trade Secret Litigation
  • Obtained numerous temporary restraining orders and temporary injunctions in Dallas County, Texas, on behalf of client, Texas mortgage broker, against numerous former employees who violated contractual covenants not to compete and misappropriated client’s trade secrets.
  • Successfully defended inventor of highly popular toy against multi-million dollar claim for theft of trade secrets filed in the 219th District Court of Collin County, Texas, by an assignee of a competing inventor’s patent rights.  After obtaining a summary judgment in favor of the client on all the plaintiff’s claims, defendant prevailed in a jury trial in November 2018, and obtained a judgment against the plaintiff for attorney’s fees through trial in the amount of $194,970.

Landlord Tenant Disputes
  • Successfully defended Landlord’s right to collect Tenant rental charges against “COVID” and “force majeure” defenses.”
  • Successfully defended Landlord in suit brought by Tenant/Fortune 100 company for claims arising out of disputed interpretation of tax and expense charges under lease totaling just under $1 million.
  • Successfully defended suit brought against Landlord by Tenant who claimed that a commercial lease granted an ownership interest in Landlord’s $2,000,000 real property. Take $0 judgement entered against Plaintiff and attorney’s fees awarded in favor of Landlord.

Intellectual Property Litigation
  • Certain Kinesiotherapy Devices and Components Thereof, ITC Inv. 337-TA-823
  • Prosper Funding v. Prosper Capital, et al, (EDMO 4:15-cv-01408)
  • Dicon Fiberoptics v. Preciseley Technologies (NDCA 3:15-cv-01362)
  • Represented textile manufacturer in multiple copyright disputes regarding infringing products imported from Asia, resulting in favorable resolution without need for litigation
  • Represented patent owner in numerous patent infringement claims regarding electronic cables and connectors with multi-positional swivel adapters against large distributors and manufacturers of electronic equipment. After preliminary litigation and claim construction proceedings, obtained numerous settlements that resulted in cash payments to client.
  • Represented business intelligence software company in two related patent litigation cases regarding business intelligence software, resulting in jury verdict exceeding $1 million in case where client was plaintiff and favorable settlement in case where client was defendant.
  • After initiating Copyright infringement claims against an NFL franchise for its unauthorized use of a photographer’s iconic photograph of football star, Emmitt Smith, obtained a settlement of $275,000.  Subsequently, the NFL franchise again used the photographic image without the photographer’s permission, which lead to an additional lawsuit and confidential settlement agreement.

Complex Commercial Litigation
  • Successfully defended claim by party who falsely alleged existence of a promissory note and corresponding liability of more than $2 million
  • Successfully defended large international company who was sued for over $1 billion in connection with alleged fraud and breach of contract. Take $0 judgement entered against Plaintiff in favor of Client. 

Commercial and International Arbitration
  • Successfully defended Caribbean asphalt trader in an international arbitration from a buyer’s claim for over $3,000,000 damages in connection with the client’s alleged breach of a long-term supply contract.  Pursuant to the final arbitration award, which was issued in December 2020, buyer’s net recovery was limited to $47,819.83, exclusive of costs.  After subsequent litigation and a motion to modify the final award, the parties compromised and settled the dispute.
  • Successfully defended foreign manufacturer and seller of wireless communication equipment in an international arbitration against a competitor’s claims of theft of trade secrets, breach of a non-disclosure agreement, Civil RICO, and violation of the Foreign Corrupt Practices Act, among others, in connection with a communications infrastructure project in Africa.  The claimant sought damages of over $1,000,000,000.  After several years of arbitration and two, separate, multi-week final hearings, the arbitrator’s final award, which was issued in February 2017, rejected all the Claimant’s claims.

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