Financial Services
- Secured approval of a trustee’s actions in accepting proposed RMBS settlements in actions in New York and Minnesota.
- Won dismissal of claims and affirmation by the Fifth Circuit against the owner and servicer of a reverse mortgage in Texas.
- Represented the chairman and president of a bank in claims asserted against each individually in connection with a massive fraud perpetrated by a series of related car dealerships.
- Won an arbitration on breach of contract claims and fraud and fraudulent inducement counterclaims in a JAMS proceeding and confirmed arbitration award over a motion to vacate in Texas state court.
- Won summary judgment on a plaintiff’s claims for breach of contract and fraudulent transfer related to contingent promissory notes.
- Won a grant of summary judgment on a plaintiff’s claims for breach of contract, misrepresentation and fraud theories based on a commercial lease transaction in Texas state court.
- Represented the RMBS parties in various trust instruction proceedings.
- Secured payment in full of outstanding debt under a commercial mortgage after filing for summary judgment in a federal action to enforce the mortgage guaranty on behalf of a lender.
- Represented a lender in securing a receivership in Texas state court over a decommissioned oil refinery.
False Claims Act
- Represented a for-profit college in a declined qui tam action based on allegations that unqualified students were being matriculated to secure federal financial aid.
- Represented a medical device seller in a declined qui tam False Claims Act litigation alleging off-label marketing and other theories of liability, which was settled after successful Rule 12 motions resulted in anticipated elimination of all off-label marketing allegations for which the relator claimed billions of dollars of recoverable damages.
- Represented testing company in a declined qui tam False Claims Act litigation alleging off-label marketing and other theories of liability.
General Commercial Litigation
- Served as trial and appellate counsel for a major wireless telecommunications provider in federal court on an issue of first impression regarding 911 services liability. Obtained dismissal at the trial level and affirmance before the Fifth Circuit on the basis that the client was entitled to 911 service provider immunity.
- Won a jury verdict on all claims for a construction subcontractor in a Northern District of Texas action alleging minimum wage and overtime violations under the FLSA and breach of contract.
- Secured a TRO under the Texas Uniform Trade Secrets Act to prevent dissemination or use of an employer’s trade secrets by a former employee who absconded with them.