Kenneth H. Holt

Representative Commercial Litigation Matters

• Obtaining a defense verdict in favor of his client after a one day trial in a suit alleging that his client had fraudulently transferred the assets of a defunct company.

• Obtaining a net settlement of $717,950 on behalf of investors in a music distribution business that, it was subsequently discovered, was insolvent at the time of sale.
• Representing 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.
• Obtaining 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.
• Obtaining 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.
• Representing 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.
• Representing 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.
• Defending 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.

• Obtaining a declaratory judgment in favor of his client in a suit involving a partnership dispute after a one-day trial.
• Representing 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.

Other Representative Matters

• Representing 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.).)
• Representing 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.
• Obtaining a settlement of $200,000 on behalf of his client against an environmental consulting firm that had negligently contaminated his client’s property.
• Representing 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.

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

• Obtaining an agreed permanent injunction 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.
• Obtaining an agreed permanent injunction in favor of pipeline services company against former employee prohibiting violations of non-competition agreement.
• Representing 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 a one-day evidentiary hearing.
• Representing 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.

• Obtaining a settlement of $69,000 from an insurance company on behalf of a commercial property owner for damages suffered during Hurricane Ike.
• Obtaining a settlement of $81,000 from an insurance company on behalf of a homeowner for damages suffered during Hurricane Ike.
• Obtaining 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.