These cases typically arise out of business and professional relationships and include claims based on breach of contract, statutory and common law fraud, piercing the corporate veil, fraudulent transfers, negligent misrepresentation, breach of fiduciary duty, interference with existing and prospective business relationships, civil conspiracy, misappropriation of trade secrets, other types of unfair competition and construction disputes. We do not take the "shotgun" approach, preferring to focus resources on the claims that make the most sense. This area of litigation requires innovative and creative legal analysis and strong investigative skills. It also presents an opportunity to plead claims or defenses that other lawyers may overlook. We have handled these cases on a variety of fee arrangements, including, contingent fees, blended (combination of hourly and contingent fee), flat rates and hourly rates.
Real Estate
Much of our trial work involves disputes related to real estate transactions. These cases require analysis of contract terms, creation of complex damage models, hiring multiple experts and taking depositions in the far corners of the world. There are a dizzying array of legal rules and exceptions. We have successfully and repeatedly negotiated that mine field in multiple states.
Breach of Fiduciary Duty
Sometimes partners, agents and others taking on this high level of responsibility don’t live up to it or are accused of violating that duty when they haven’t. Fiduciary duty is difficult to establish, but can be equally difficult to defend because of the shifting burden of proof and frequent lack of clear documentation.
Piercing the Corporate Veil
In the context of large scale litigation, piercing the corporate veil is a theory of liability that should make CEO’s lie awake at night. The interaction of corporate parents and subsidiaries, the unclear allocation of corporate resources, interwoven shareholders and board members, common employees and a host of other factors could make an officer, director, shareholder or parent entity responsible for the acts of another corporation, regardless of its bylaws or regulations. While changes in the law over the last 10 years make it more difficult to pierce the corporate veil, juries see this as a way to level the playing field if they see something they don’t like. We have spent decades analyzing this area of the law with good results.
Fraud
FRAUD. The very word conjures up secret deals, backhanded business and outright lying. Whether it’s a large multi-national company or an individual, to be accused of fraud can be gut wrenching. While juries in Texas are becoming resistant to some fraud cases, under the right set of circumstances, we have had success with fraud claims.
Contract Disputes
Sometimes important agreements are informally made. Figuring out whether an agreement exists is the first hurdle; was it an agreement or just more negotiation? Does a verbal agreement count, or did it need to be written? If a writing is required, what how much detail is needed to be enforceable? What claims might be available if the agreement itself isn’t enforceable? When there is a contract, how do the terms affect the claims being made? Are the terms ambiguous? Agreements often are not black and white, in spite of the parties’ efforts. We have spent our entire professional careers analyzing agreements and enforcing obligations.
Construction
Whether it’s building a home or a 200,000 square foot tenant finish out, construction disputes can be complicated. Simplifying the claims and then determining who the responsible parties are (architect, engineer, inspector, builder) is a difficult process. Sometimes, finding the right experts is the critical element. We have litigated complicated construction matters, from custom homes with improperly installed SIPS roof panels to large commercial projects involving multiple parties and millions of dollars.
Trade Secret Disputes
Signing non-disclosure agreements is a regular part of business. Unfortunately, sometimes it’s viewed as a license to steal valuable business information that clients have spent a lifetime protecting. Other times, clients never use the information disclosed because it was nothing different from what could be purchased off the shelf, yet get accused of stealing. Parties produce documents by the warehouse load. We find the proverbial needle in the haystack. How do you value a trade secret, particularly when it’s something novel? We figure out the best scenario in the wide ranging scope of damages available in trade secret case.
Insurance/Bad Faith
Securities
Professional Liability (legal, engineering, accounting)
Labor and Employment
ModesettWilliams
Capital Center
919 congress avenue
suite 1425
austin, tx 78701
512-472-6097
facsimile: 512-481-0130
