- FraudFor plaintiffs, we prevailed for companies suing their audit firm for malpractice, for executives wrongfully terminated by their employers, for oil and gas companies in disputes with operators, and for investors in FINRA arbitrations involving claims of breach of fiduciary duty, negligent misrepresentation and fraud. For defendants, we represented homebuilders against claims of real estate fraud and deceptive trade practices, attorneys in fee disputes, purchasers against actions brought under transactional documents, companies in commercial contract disputes, and insurers in coverage disputes relating to settlements of product liability litigation.
- Theft
- Restraining OrderNoncompete litigation is a complex, continuously changing area of law expertly navigated by the highly skilled and cost-efficient representation offered at LPHS. If a client needs to obtain or defend against a temporary restraining order or an application for temporary injunctive relief, LPHS attorneys possess the agility, swiftness, attention to detail and effectiveness needed to win. If a matter goes all the way to a final disposition, in court or arbitration, LPHS’s deep bench of experienced lawyers are essential ingredients for success from trial through appeal.
- Business DisputesArbitration is a significant part of LPHS’s litigation practice. We have handled arbitrations before private arbitrators, including all major arbitration tribunals, in a wide variety of business disputes throughout the United States. We have had particular success arbitrating disputes arising out of purchase and sale transactions – for example, disputes over earnouts and contingent purchase price adjustments – and handling executive compensation disputes.
- Trade Secrets
- Intellectual PropertySelected as one of the "Best Lawyers® in America,“ 2008-2021 (Categories: Bet-the-Company Litigation, Commercial Litigation, Intellectual Property Litigation, and Trust & Estate Litigation)
- Unfair CompetitionNational skin care company and represented it in the resulting unfair-competition lawsuit against a competitor who raided over 60 brand representatives in a single weekend in violation of contractual covenants not to compete.
- AntitrustLPHS has extensive antitrust litigation experience in cases with hundreds of millions of dollars in damages at stake. Our background includes prosecuting and defending individual and class-action claims addressing a range of antitrust claims, including price fixing, monopolization, unlawful distribution arrangements, price discrimination and group boycotts. Our partners count themselves among the very few antitrust litigators in the country to have tried a monopolization claim to a jury.
- Employment Litigation
- Non-compete AgreementLawyer of the Year. Top 100 Lawyers in Texas. Benchmark Litigation Star. Top 15 Business Defenders. One of the Best Lawyers in America. Michael K. Hurst has consistently been recognized as one of the top trial lawyers in the country for large and high-stakes commercial and intellectual property litigation—and has won many high-profile verdicts. His extensive courtroom experience includes large claims for breach of contract, breach of fiduciary duties, fraud, and theft of trade secrets. Many of his cases involve partnership disputes, non-compete agreements, fraudulent transfers, and include class-actions across many industries, including private equity, energy, financial and investment banking, and oil and gas.
- Severance AgreementLPHS has obtained outstanding results for businesses and high-ranking employees in disputes over severance pay and benefits, change in control agreements, covenants not to compete or solicit, confidentiality and nondisclosure agreements, indemnification agreements, and trade secrets. We also counseled numerous executive-level employees and companies on employment and compensation issues. We always keep in mind the impact litigation has on our clients’ reputation, current activities and future business prospects – matters beyond the dollars at stake.
- Real Estate LitigationIn addition, the firm is honored to have Michael K. Hurst named as “Lawyer of the Year” in North Texas for Real Estate Litigation.
- Construction LitigationWe represent a large group of insurers in significant property claims around Texas, including large storm-damage claims and the construction litigation surrounding the largest high school football stadium in Texas.
- Easement
- Land Use and ZoningWhile a “regulatory taking” proposal before the Dallas City Council would eliminate about 95 percent of the short-term rentals currently operating in the city, the firm’s David Coale told Fox4News that courts give a lot of latitude to local governments when it comes to zoning and land use issues.
- Landlord-Tenant DisputesPrinting company in a landlord-tenant dispute in Dallas state court against a landlord claiming substantial damages. After a week-long jury trial, Chris obtained a take-nothing judgment against the landlord and recovered damages on a counterclaim and all of his client’s attorneys’ fees.
- Property DamageThe LPHS team of Eric Pinker, Rebecca Adams, and Holly Stubbs, along with co-counsel, recently secured an important and decisive defense win for prominent property insurer FM Global in federal court in the Eastern District of Texas. Cinemark USA, the nation’s third-largest chain of movie theaters, was seeking $1 billion in property damage insurance coverage under its policy, alleging that COVID-19 caused physical loss and damages to its theaters. The Court granted full summary judgment in favor of FM Global, dismissed all of Cinemark’s claims with prejudice, and issued final judgment in favor of the insurer.
- Estate PlanningWe represented Al Hill Jr. against his son’s claims of a conspiracy to deprive the son of his inheritance. The litigation involved 16 different cases and was one of the largest trust and estate matters ever litigated in Texas. After almost three years of litigation, the matter settled on terms favorable to Al Hill Jr.
- WillsLPHS represents clients in will contests, actions to remove trustees, applications for receivers, suits to compel distributions and breach of fiduciary litigation. We represent executors, heirs, trustees and beneficiaries. Because we have been on all sides of these cases, we are well-positioned to plan an effective litigation strategy that anticipates our opponent’s course of action.
- Trusts
- ProbateConvinced the Texas Supreme Court to deny review of a fundamental probate-law question about the effect of a partial acceptance of benefits under a will.
- Bankruptcy