Cases
Experience: Collective/Class Action Matters: Collective action
. : Led defense of market-leading grocery retail merch
ising broker in wage
hour collective action brought by 50 employees who sought to secure collective action status in New Jersey to represent a class of potentially 20,000 employees based on alleged off-the-clock work (including driving commute time, time spent working in retail stores
time spent performing administrative duties before beginning of
after completion of work day). After extensive discovery
briefing, court summarily rejected plaintiffs' efforts to conditionally certify class. The case helped secure Texas Lawyer's Litigation Section of the Year award.
Class action . Lead counsel for national IT consulting services company in a California state law wage
hour class action alleging off-the-clock work violations (including driving commute time, time spent working at client locations
time spent performing administrative duties before beginning of
after completion of work day), meal
rest break period violations
under-payment of expenses. After demonstrating material differences between prospective class members (2,800 employees), case settled.
Collective action. Lead counsel in defending for-profit college system in collective action brought by outside sales representatives who claimed their positions were misclassified as exempt. After convincing California court (in a parallel action) to deny class certification status on the basis that sales representatives were exempt as outside salespersons, Texas Plaintiff dismissed her collective action allegations. Thereafter, court granted summary judgment on Plaintiff's claim that employer had willfully misclassified her position. Soon thereafter, case was resolved.
Collective action. Led defense of nationwide mortgage broker in lawsuit brought by brokers who alleged that they had been misclassified as exempt
sought to represent class of 250 employees. After extensive discovery
submission of dispositive motion, case settled.
Collective action. Lead counsel for industry leading grocery retail merch
ising brokers in defense of wage
hour collective action brought by retail sales representatives who alleged that employer required them to work off-the-clock
failed to compensate them for time spent driving to
from retail stores. Employees sought to conditionally certify a class of more than 15,000 full-time
part-time employees. After extensive discovery, the court granted employer's motion to deny conditional certification.
Collective action. Lead counsel for Fortune 100 semiconductor design/manufacturing company in lawsuit brought by current
former employees who claimed they were not properly compensated for time spent donning
doffing cleanroom attire
walking to
from workstations within company's cleanroom facilities. Plaintiffs sought to certify class of more than 8,000 employees stationed at seven plants located in four states. Court denied Plaintiffs' motion for conditional certification,
case was resolved.
Class/Collective action. Lead counsel for market-leading retail grocery merch
ising broker in state law class action filed in California alleging failure to pay current
former California-based sales representatives for all hours worked by them
to reimburse them for expenses incurred in performing duties,
issued deficient wage statements to them. Plaintiff sought to represent a class of approximately 4,500 employees. After extensive discovery
employer's submission of dispositive motion, employees agreed to resolve claims.
ERISA class action. Lead counsel in defending an ERISA class action brought by two pilots of an airline who claimed that airline
its benefits consulting firm breached fiduciary duties with regard to transferring their pension plans after their former employer was acquired by another airline. Obtained summary judgment,
Fifth Circuit affirmed on appeal.
Collective action. Lead counsel representing market-leading grocery retail merch
ising brokers in wage
hour collective action brought in Tennessee by sales representatives who asserted claims on alleged off-the-clock work. Plaintiffs sought to conditionally certify a class of more than 15,000 full-time
part-time employees. After extensive discovery, court denied Plaintiffs' motion for conditional certification,
Plaintiffs declined to appeal.
Employment discrimination class action. Assisted in defense of a putative class action filed by former employees of Dallas' leading newspaper who claimed that black employees were systematically denied promotions on basis of race. Court denied Plaintiffs' motion for class certification.
Employment discrimination class action. Assisted in representing market-leading technology consulting businesses in defense of class action brought by nine former employees, alleging race discrimination
retaliation. After pursuing an aggressive defense of case, court denied the plaintiffs' motion for class certification.
Trade Secret Theft/Non-Compete/Unfair Competition Matters: Trade secret theft. Co-lead counsel for Fortune 50 computer/printer company in bringing hundred million dollar lawsuit against former senior-level leadership employees who, while still employed by client, covertly organized
began operating a competing business venture using client's resources, contacts
trade secrets to steal product designs, market analyses
other confidential
proprietary business information. After prevailing in jurisdictional dispute, case settled.
Trade secret theft. Lead counsel for S&P 500 manufacturer of highly complex cancer detection
treatment machinery in bringing action to address theft of trade secrets by former senior-level sales executive, who downloaded thous
s of electronic documents containing highly confidential sales, marketing
manufacturing information prior to departure. Obtained TRO barring executive from joining arch-competitor
, after several months of discovery, secured preliminary injunction, enjoining executive
her employer from soliciting business from customers
using client's confidential information.
Trade secret theft/inevitable disclosure. Lead counsel for Fortune 500 semi-conductor design/manufacturing company in bringing state court action against senior leader responsible for developing cutting edge camera technology used in smart phones who sought to join arch-competitor in similar role. Obtained TRO
preliminary injunction against new employer
former employee prohibiting them from contacting certain customers, using client's trade secrets,
soliciting or hiring client's employees - on basis it was highly likely that former executive would use client's confidential information in performing new job. Defeated effort by California-based competitor which filed lawsuit in California seeking to enjoin enforcement of TRO against executive.
Inevitable disclosure. Lead counsel for industry-leading gaming retailer in bringing action to stop company's former Chief Financial Officer from beginning work for a competing retailer in same role. Although CFO had not signed non-compete agreement preventing her from working for a competitor, obtained TRO against CFO
, thereafter, used TRO as leverage to force acceptance of limitations on executive's work activities at new employer.
Inevitable disclosure. Lead counsel in bringing action on behalf of Fortune 500 electronics firm to address departure of its Chief Marketing Officer who sought to join arch-competitor in same position. Although CMO had not signed non-compete agreement, obtained TRO on basis it was highly likely that former executive would use client's confidential information in performing new job
, thereafter, leveraged TRO to obtain a settlement preventing former executive from working for competitor for a period of time sufficient to protect client's trade secrets.
Computer Fraud
Abuse Act
breach of fiduciary duty
breach of contract. Led defense of one of the largest independent full-service national title insurance agencies in the country in lawsuit brought against it
four employees it hired from a competing agency. Client was accused of aiding
abetting the employees' breach of fiduciary duties based on actions that occurred prior to their departure,
of misappropriating the plaintiff-agency's trade secrets. After filing motions to dismiss the plaintiff-agency's breach of fiduciary duty, trade secret misappropriation, Computer Fraud
Abuse Act violations
breach of contract, case settled.
Trade secret theft/inevitable disclosure. Lead counsel in bringing lawsuit against nine employees
their new employer after employees abruptly resigned from Fortune 500 semi-conductor design/manufacturing company to join competing company, alleging trade secret theft
contract violations. After obtaining temporary
permanent injunctions against new employer
former employees prohibiting them from contacting certain customers, using client's trade secrets
soliciting or hiring client's employees, case settled on favorable terms.
Trade secret theft. Co-lead counsel for Fortune 50 computer/printer company in bringing hundred-million dollar suit against former high-level employees who, while still employed by client, covertly organized
began operating a competing business venture using client's resources, contacts
trade secrets to steal product designs, market analyses
other confidential
proprietary business information. After prevailing in jurisdictional dispute, case settled.
Cyberlaw/trade secret theft. Retained by a Fortune 100 semiconductor company to serve as lead counsel to stop a former disgruntled employee who created several internet websites containing confidential information
video clips, as well as derogatory comments about the company's officers. Obtained TRO requiring employee to take down offensive websites
, thereafter, used computer forensics to obtain permanent injunction prohibiting employee from posting company information on the internet.
Discrimination/Fiduciary Duty/Breach of Contract Matters: Breach of contract. Led trial effort of renowned computer-game developer
company executive against one of world's largest video game publishers for breaching a stock option agreement, securing a jury verdict of $28 million (
a judgment of $32 million). The National Law Journal identified award as one of the Top Verdicts in the country.
Breach of fiduciary duty/breach of contract. Co-lead counsel for private equity fund
its managing principal in dispute arising out of co-partner's departure from fund. After extensive discovery
multi-week arbitration hearing, the matter was settled.
Section 1983. Lead counsel in defense of action against school district, its superintendent
four other senior executives in high-profile lawsuit brought by former district employee who claimed her civil rights were violated when she was placed on paid administrative leave (
later terminated) after news accounts showed potential abuse of program she oversaw. Obtained summary judgment on eve of trial,
affirmed on appeal by Fifth Circuit.
Section 1983. Lead counsel for Texas County
its commissioners in lawsuit filed by disgruntled employee who was terminated for violating county policy by campaigning for office during working hours
for threatening other employees. Employee asserted retaliation claim under Section 1983, alleging termination was based on his reports of misconduct by county officer
because he ran for public office. Court granted county's motion for summary judgment
Fifth Circuit affirmed on appeal.
Employment discrimination/retaliation/Section 1981. Retained by one of Texas' largest utilities for defense of lawsuit filed by then-current African-American employee who asserted retaliation claim (under Title VII
Section 1981) for complaining about company's failure to pay for certification training even though it allegedly had done so for Caucasian employees. Obtained summary judgment.
Employment discrimination/retaliation. Lead counsel in defending a county
a sitting Justice of the Peace in lawsuit filed by former employee who was terminated for poor work performance. Termination occurred after employee had filed charge of discrimination, alleging gender
age discrimination
sexual harassment. After being fired, employee asserted claims for discrimination, harassment
retaliation against the county
her supervisor - the Justice of the Peace. After successfully narrowing the scope of the claims through summary judgment, lawsuit was settled on favorable terms.
Breach of contract
fiduciary duty. Lead trial counsel in defending Fortune 100 semiconductor firm in a multi-million dollar lawsuit brought by former vendor of quartz materials used in client's manufacturing processes. Plaintiff asserted it entered into fiduciary relationship with client based on parties' course of dealing. When vendor's business collapsed because of market conditions
poor management, it sued for breach of contract
fiduciary duty. Obtained summary judgment on several claims, enabling client to settle on favorable terms.
