BoyarMiller's Litigation Practice

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BoyarMiller's Litigation Practice

  1. 1. P R A CT ICE W IT H P U R P O S E BOYARMILLER’S LITIGATION PRACTICE MEETING YOUR COMPLEX CHALLENGES
  2. 2. PRACTICE WITH PURPOSE www.boyarmiller.com Business Litigation TYPICAL DISPUTES INCLUDE Contractual Disputes Oil & Gas Litigation Non-Compete Disputes Antitrust Partnership & Corporate Disputes Corporate Governance Disputes Technology Protection Disputes Lender Liability Including Trademark and Securities Fraud Trade Secret Disputes Shareholder & Derivative Suits Business Torts Appeals Fiduciary Duty Claims
  3. 3. PRACTICE WITH PURPOSE www.boyarmiller.com Employment Litigation TYPICAL DISPUTES INCLUDE Violation of non-compete, non-disclosure, and non-solicitation agreements, including those relating to the misappropriation of trade secrets and proprietary information of employers Obtaining and Defending against Temporary Restraining Orders, preliminary injunction hearings, arbitration proceedings and trials on restrictive covenants and employment contracts Unemployment benefits through the Texas Workforce Commission (TWC) Discrimination and retaliation based on race, sex, national origin, disability, and age under Title VII, the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Texas Commission on Human Rights Act Unpaid overtime and other wages under the Fair Labor Standards Act (FLSA) and the Texas Pay Day Act Discrimination and retaliation under the Texas Workers Compensation Act
  4. 4. PRACTICE WITH PURPOSE www.boyarmiller.com Real Estate Litigation TYPICAL DISPUTES INCLUDE Buy/Sell Disputes Landlord/Tenant Disputes Construction Management Disputes Construction Design and Defect Disputes Mechanic/Materialman’s Lien & Payment Bond Disputes Reciprocal Operating Agreement Disputes Condemnation Easement/Restrictive Covenant Disputes Boundary Disputes
  5. 5. PRACTICE WITH PURPOSE www.boyarmiller.com Intellectual Property Litigation TYPICAL DISPUTES INCLUDE Trademark/Tradedress Infringement Disputes Trademark Dilution Trade Secret Misappropriation Disputes Cyberpiracy Disputes Internet Corporation for Assigned Names and Numbers (ICANN) Disputes
  6. 6. PRACTICE WITH PURPOSE www.boyarmiller.com D EL IV ERI N G R E S ULT S T HR O U G H O U R MIS S IO N TO Provide Counsel Beyond Expectations, Build Lasting Relationships and Make a Meaningful Difference in People’s Lives About Us
  7. 7. PRACTICE WITH PURPOSE www.boyarmiller.com Results Won a $2.6 million dollar jury verdict for a partner of a Houston-based engineering firm. The Defendants claimed our client made misrepresentations related to his educational qualifications that fraudulently induced them into making him a shareholder in the firm. The jury found that the Defendants breached their contract with our client and their conduct in handling the partnership dispute constituted minority shareholder oppression.
  8. 8. PRACTICE WITH PURPOSE www.boyarmiller.com Results Successfully handled an appeal to the 5th Circuit on behalf of an owner of an 10,000-acre master planned residential community. A contractor sued our client for $4.5 million for alleged failure to pay for extra work and delay damages. BoyarMiller obtained a summary judgment at the trial-court level which was unanimously affirmed by the 5th Circuit resulting in new case law in Texas relate to the enforceability of such releases in construction contracts.
  9. 9. PRACTICE WITH PURPOSE www.boyarmiller.com Results Won an arbitration award on behalf of a group of entrepreneurs who sold their software company to an oilfield services company. After a 15-day arbitration hearing, the three member panel voted unanimously in favor of BoyarMiller’s client. The panel found that the entrepreneurs had been fraudulently induced into the transaction and awarded over $2.5 million in damages.
  10. 10. PRACTICE WITH PURPOSE www.boyarmiller.com Results Defended the former president of a nationwide construction company who was seeking a temporary injunction to enforce a series of employment contracts containing non-competition obligations. BoyarMiller successfully defeated the construction company’s attempts to obtain and injunction and obtained a declaratory judgment dining no enforceable non-compete agreement existed. The Court also awarded our client over $75,000 in attorney fees.
  11. 11. PRACTICE WITH PURPOSE www.boyarmiller.com Results Successfully represented a Fortune 200 client in an arbitration proceeding that upheld the termination of an employee with a disability who claimed he was the victim of discrimination. The employee, claimed to suffer from ADHD. The arbitrator determined that the termination was valid and not discriminatory.
  12. 12. PRACTICE WITH PURPOSE www.boyarmiller.com Results Won a unanimous jury verdict of $1.3 million on behalf of two former partners of an accounting firm based on the firm’s failure to pay amounts owed to the partners following their separation from the firm.
  13. 13. PRACTICE WITH PURPOSE www.boyarmiller.com COM M IT T E D T O O U R C O R E CO MP E TE NCIE S We stay committed to our core competencies as reflected in our two practice groups, Business and Litigation. BILL BOYAR, FOUNDING SHAREHOLDER Practice Areas
  14. 14. PRACTICE WITH PURPOSE www.boyarmiller.com Business Group Corporate Finance & Capital Formation Business Mergers, Acquisitions & Dispositions Capital/Strategic Plan Development Choice of Entity/Corporate Formation Real Estate Acquisitions & Dispositions Debt/Equity Financing Capital Formation & Fund Creation Construction Contracts Private Equity Corporate Contracts Entity Formation Mezzanine Funds Real Estate Financing Venture Capital Leasing Private Placements Public/Private Partnerships (P3s) Secured Lending
  15. 15. PRACTICE WITH PURPOSE www.boyarmiller.com Litigation Group Business Employment Contractual Disputes Non-Compete/Non-Disclosure Agreements Energy Services Disputes Business Torts Fraud Securities Corporate Governance/Business Owner Disputes Real Estate Buy/Sell Disputes Landlord/Tenant Disputes Wrongful Termination, Discrimination & Retaliation Claims Wage & Hour Claims Employment Counseling and Internal Workplace Investigations Construction Management Disputes Construction Defect Disputes Mechanic/Materialman Lien Disputes Reciprocal Operating Agreement Disputes Intellectual Property Condemnation Easement/ Restrictive Covenant Disputes
  16. 16. PRACTICE WITH PURPOSE www.boyarmiller.com OU R PEOP L E A R E O UR G R EATE S T AS S E T The attorneys in our litigation group thrive on being in the Courtroom and have extensive trial experience which give BoyarMiller’s attorneys an edge over other lawyers who rarely, if ever, go to trial. BoyarMiller’s litigation attorneys bring years of trial experience to each case they are involved in which let our lawyers spot outcome-determinative issues earlier in the litigation process. Our history of taking cases to trial – and winning – give our clients both settlement leverage with adversaries as well as confidence of a successful outcome when they face trial. Attorneys
  17. 17. PRACTICE WITH PURPOSE www.boyarmiller.com Specialized Expertise Chris Hanslik Lee Collins Specializes in commercial and business Represents developers, owners litigation including contracts, business and managers of commercial torts, securities and corporate gover- real estate in state and federal nance, oil and gas, lender liability, court to include tenant disputes, trade secrets, non-compete agree- easement and restrictive covenant ments and other employment-related enforcement, condemnation, disputes. Vast courtroom experience adverse possession, construction ranging from state and federal litigation, lien enforcement, and court trials to arguments before creditor bankruptcy representation. the Supreme Court of Texas.
  18. 18. PRACTICE WITH PURPOSE www.boyarmiller.com Specialized Expertise Matt Veech Craig Dillard Represents clients in a variety of Handles litigation in both state and employment and business-related federal courts, as well as on appeal, disputes including enforcement of for clients who have been sued non-competition and non-solicitation throughout the US or in arbitration. agreements, misappropriation of trade Specializes in intellectual property secrets and proprietary information, protection and trade secret disputes breach of fiduciary duties and breach as well as breach of contract and of contract, shareholder oppression, employment litigation. and related business torts. He also handles employment-related claims of discrimination, harassment and retaliation, as well as wage and overtime claims.
  19. 19. PRACTICE WITH PURPOSE www.boyarmiller.com Work with a strategic partner who is committed to understanding your company so that we can guide you through even the most difficult business and legal decisions. Contact Us

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