At Travis Law Group, our lawyers are familiar with the process of mediation and arbitration (also known as Alternate Dispute Resolution or “ADR”). Our lawyers have extensive experience with court-ordered mediation and arbitration provided through private tribunals, such as the American Arbitration Association (AAA) and the Judicial Arbitration and Mediation Services (JAMS). We also have extensive experience with FINRA arbitrations.
Based on the client’s established business and economic objectives, our lawyers employ a number of methods aimed at maximizing the opportunity for early and cost-effective dispute resolution, including the use of appropriate mediation papers, focus groups, and proven negotiating strategies.
At Travis Law Group our attorneys have experience in a variety of appellate law practice areas. In addition to handling appeals in which our firm participated at the trial court level or before an administrative agency, we also handle appeals of cases tried by attorneys outside the firm.
Our attorneys practice before the Texas state appeals courts and Texas Supreme Court. They also have handled cases before the United States Court of Appeals for the Fifth Circuit, which governs appeals from Texas federal courts. In addition to the Fifth Circuit, our lawyers have handled appeals before the Third Circuit, Seventh Circuit, Ninth Circuit and Tenth Circuit Courts of Appeals.
Some of the appeals we have handled:
Pieroni v. Pieroni, 538 S.W.3d 631 (Tex. App.—Dallas 2016), 535 S.W.3d 887 (Tex. 2017)
Graham Mortgage Corp. v. Hall, 307 S.W.3d 472 (Tex. App.—Dallas, Feb. 11, 2010, no pet.)
Mims v. Stewart Title Guar. Co., 590 F.3d 298 (5th Cir. 2009)
Alston v. Countrywide Financial Corp., 585 F.3d 753 (3rd Cir. 2009)
City of El Paso v. Heinrich, 284 S.W.3d 366 (Tex. 2009)
Door Control Services, Inc. v. Besam Automated Entrance Services, Inc., 61 Fed. Appx. 121 (5th Cir. 2003), 2003 WL 342351.
Lusk v. FoxMeyer Health Corp., 129 F.3rd 773 (5th Cir. 1997)
Flagship Hotel, Ltd. v. City of Galveston, 117 S.W.3d 552 (Tex. App.—Texarkana 2003, pet denied)
In re Mitchell (Dallas, 2007) 2007 WL 2757806.
In re Duetche Bank (Dallas, 2006) 2006 WL 1351321.
Attorneys in the firm successfully defended the American Gem Trade Association in an action in the United States District Court, Northern District of California from claims that it engaged in an illegal boycott in violation of Section 1 of the Sherman Act by denying membership to certain entities. The firm settled (on terms favorable to its clients) claims brought in the Supreme Court of Maricopa County, Arizona against a national home medical equipment company for anti-competitive conduct in the lucrative Arizona markets. The firm also successfully defended orthodontists in the North Texas market from claims brought in the United States District Court, Eastern District of Texas that they engaged in an illegal boycott by prohibiting the advertisement of competitors’ prices for professional services. The firm is frequently called upon to assert and defend claims arising under the Sherman Act, the Clayton Act, the Robinson-Patman Act and state antitrust statutes.
Travis Law Group has represented several banks and financial institutions in various litigation matters. In addition to recovering millions of dollars in suits on promissory notes, guarantees, and other debt instruments, the firm has recovered amounts due under participation agreements among financial institutions. It has also successfully brought and defended lender liability claims in numerous cases. The firm has represented bank holding companies and other ownership groups in the acquisitions and sales of financial institutions and the related change of control applications. The firm has also been involved in payment system disputes for forged checks, unauthorized withdrawals, and other issues involving Article 3 and 4 of the Uniform Commercial Code. The firm has successfully recovered millions of dollars due under factoring and receivables financing agreements.
Class action lawsuits are unique and difficult cases. They involve complicated issues of class representation, commonality of claims, and notice to class members. Travis Law Group has successfully defended its clients against class action certification and has successfully guided its clients through the class action settlement process when it was more economically feasible to settle. See, e.g., Windows Plus, Inc., individually and on behalf of all others similarly situated, v. Door Controls Services, Inc., Cause No. 1:13-cv-7072 in the United States District Court for the Northern District of Illinois, and Texoma Vision, Inc., et al v. Pearle Vision, Inc., Cause No. 93-1527 in the 15th Judicial District Court of Grayson County, Texas.
Travis Law Group has extensive experience in the areas of commercial construction litigation. The firm has represented developers, contractors, and insurance companies in a variety of construction cases ranging from construction defects to general contract disputes. The firm recently obtained summary judgment for a design engineer in a case involving construction defects in a large residential development project in Collin County, Texas. The firm has also recently represented a subcontractor in defense of claims made for delay damages associated with alleged construction defects at a large commercial property in Denver, Colorado. The firm’s attorneys also recently obtained a large settlement for a commercial contractor in connection with a dispute over the design and construction of the Toyota Music Factory in Irving, Texas. The firm has handled a significant amount of construction collection matters for a wide range of clients.
The lawyers at Travis Law Group have handled cases involving contract disputes in almost every area of law and every type of transaction. They have handled cases involving claims for breach of contract in merchant transactions, real estate transactions, construction transactions, insurance transactions, lending and financial transactions, and employment matters. This representation includes disputes arising under asset purchase agreements for breaches of representations and warranties and contractual indemnification provisions. It also includes breaches of stock purchase agreements, partnership agreements, shareholder agreements, buy/sell agreements, operating agreements, management contracts, licensing agreements, and franchising and distribution agreements, to name but a few.
Whenever there is a contract between two parties, there is a chance of a dispute if either party feels that the contract was not honored. When that happens, we often find ourselves in a race to the courthouse as each side claims that the other side has violated the terms of the contract. Our attorneys have represented both plaintiffs and defendants in breach of contract litigation. The disputes involve breaches of both oral and written agreements, as well as claims where there was no formal agreement but services were provided and not paid for. In breach of contract disputes, as well as in all litigation matters, the attorneys of Travis Law Group offer strategies designed to resolve the issues promptly and in a cost-effective manner.
Travis Law Group has extensive experience in litigation where corporate control, piercing the corporate veil, and successor liability issues play prominently. The firm has also represented numerous clients in cases involving allegations of breach of fiduciary duties, usurpation of corporate opportunities, and conversion or misappropriation of corporate assets by officers and directors.
In one case, the firm persuaded the United States Fifth Circuit Court of Appeals to uphold a district court decision refusing to pierce the corporate veil of a publicly traded company in a class action suit brought by the employees of its subsidiaries. Lusk v. FoxMeyer Health Corp., 129 F.3d 773 (5th Cir. 1997). This case is now a landmark decision on the subjects of federal civil procedure and vicarious liability of a public company for the acts of its subsidiaries.
The firm has both prosecuted and defended shareholder derivative actions against corporations. The firm has also brought claims against a stock transfer agent of a public company for failure to perform its statutory duties and obtained an order requiring the transfer agent to recognize the disposition of stock urged by its clients.
Often, at the conclusion of litigation against a corporation where individual officers or directors were named as defendants, the question arises as to who should pay for portions of the defense of the lawsuit. The firm has been successful in recovering the fees and expenses incurred in connection with the defense of the officers and directors from insurance carriers. The firm has also successfully defended corporations against claims brought by officers and directors attempting to recover the costs they incurred in litigation.
Travis Law Group regularly advises companies and individuals regarding non-competition and non-disclosure agreements. The firm has represented both corporations enforcing covenants-not-to-compete and employees trying to escape the confines of such covenants. Included among these clients have been stock brokers, commercial insurance brokers, heavy construction equipment distributors, drilling equipment manufacturers, high-tech companies, telecommunications companies, healthcare companies, manufacturing companies, staffing companies, franchisors and franchisees, and consultants in various disciplines. The firm has also represented companies and individuals in the negotiations for and execution of executive employment agreements.
Travis Law Group has experience representing national franchise companies in their disputes with their franchisees. In addition to recovering monies from defaulting franchisees under the franchise agreements and related financial arrangements, the firm has successfully defended claims brought by franchisees for alleged fraud in the sale of the franchise. Attorneys at the firm have also represented individual officers and directors in claims brought by franchisees under certain state statutes for alleged fraud or deception in the sale of the franchise. The firm has represented franchisees against franchisors’ attempts to materially alter the franchise agreements or relationships.
The firm’s vast experience in franchise matters has also spilled over into the area of distribution cases. In one case, Travis Law Group brought an action against a manufacturer of automatic doors for the wrongful termination of its largest distributor. At the conclusion of the trial in the United States District Court in the Eastern District of Texas, the jury returned a verdict in favor of the firm’s client, the distributor. The case was taken up on appeal to the United States 5th Circuit Court of Appeals and was later settled on a confidential but favorable basis for the firm’s client.
Attorneys in Travis Law Group have represented numerous clients in a wide variety of civil fraud cases.
In one case, a developer bought property after he was told that the design of a certain project had been approved by the city/municipality. It had not been approved, nor would it have been, because a portion of the property was in a flood plain. Attorneys in Travis Law Group obtained a substantial settlement for our client (the developer) in this case.
In another case, a distributor spent large sums of money to expand into additional territories based upon the representations by the manufacturer that those territories would be the distributor’s territories. After the distributor stretched its finances to achieve the growth required by the expansion, the manufacturer terminated the distributor, took over the territories for itself and attempted to take over the distributor itself by hiring its employees and doing business for the distributor’s clients. Attorneys in Travis Law Group obtained a large jury verdict on behalf of the distributor for fraud.
Our attorneys represented the former owner of a breast implant company who was owed over $30,000,000 from the purchaser but to whom the purchaser refused to pay because of a claim of fraud in the sale of the company. After 12 months of litigation, attorneys in Travis Law Group prevailed on behalf of our client with a very large settlement.
Our attorneys have represented the plaintiffs and the defendants in numerous commercial fraud cases. The forgoing examples are but a few.
A fraudulent transfer occurs when some person or entity has conveyed away assets for less than fair consideration to avoid having them seized by someone suing that person or entity. The attorneys at Travis Law Group have prevailed on numerous claims for fraudulent transfers, recovering millions of dollars for our clients.
In one recent case, Travis Law Group recovered large sums from LLC members who received distributions from an LLC while the LLC was insolvent.
The attorneys in Travis Law Group have extensive experience in various aspects of the healthcare industry. The firm has represented medical staffing, home healthcare and home medical equipment companies since the mid-80’s in all of their endeavors. The firm also represents an entity that provides management services and receivable financing for healthcare companies. Attorneys at the firm have represented clients in fraud and abuse investigations and compliance matters.
The firm has represented practice management groups in the medical and dental fields, and currently represents individual doctors and dentists in matters relating to their practice.
More recently, Travis Law Group sold a company that provides in home EEG and EKG testing to a private equity group for $100,000,000.
In the course of handling matters for these clients, the lawyers of the firm work with the Medicare regulations, corporate practice of medicine issues, and various other matters which concern the healthcare industry.
Travis Law Group has experienced great success in the representation of its hotel and hospitality clients. In 2003, the firm won an appeal involving a hotel’s lease on a pier in Galveston, Texas. The trial court had ruled that the hotel’s lease on the pier had expired and awarded the City of Galveston its costs and attorneys’ fees. (Travis Law Group did not represent the hotel in the trial court.) On appeal, Travis Law Group obtained a reversal of this decision, extending the lease for another 30 years, and reversing the award of attorneys’ fees for the hotel. Flagship Hotel, Ltd. v. City of Galveston, 117 S.W.3d 552 (Tex. App.-Texarkana 2003, pet. denied). The firm was also able to convince the Texas Supreme Court to let the decision of the court of appeals stand.
In another matter, the firm obtained a summary judgment for the owners of a world class luxury hotel in a lawsuit brought by developers on an alleged oral representation regarding the development of adjacent property. The lawsuit was pending in front of the United States District Court, Western District of Texas. The developers appealed the adverse judgment, and the firm was able to convince the United States Fifth Circuit Court of Appeals to sustain the summary judgment.
In another matter, the firm assisted a Caribbean resort in recovering an astronomically large sum on an insurance policy placed on the Lloyd’s exchange for business interruption resulting from a hurricane.
The firm represents hotels in every aspect of business, from contracts with vendors to contracts with owners and/or management companies to suits brought by or against guests.
The firm has represented numerous clients in insurance-related matters. This representation includes disputes arising under commercial insurance brokerage agreements, agency agreements, first and third-party insurance contracts and corporate-owned insurance policies. These disputes have ranged from payments due to agents and subagents on policies under agency agreements to coverage disputes and bad faith insurance practices. The firm has recently recovered environmental clean-up costs on general liability policies for a large manufacturer and recovered its lost profits under an unwritten insurance policy for a Caribbean resort after it sustained damage from a hurricane.
Commercial liability coverage is a frequent area for bad faith insurance disputes. The litigation we’ve handled (for the plaintiff and defense) typically involves disagreements about the facts of the claim and the interpretation of insurance policy provisions.
The firm is also experienced at invoking coverage on policies for its clients after insurance companies have denied coverage. In one recent case, the firm was able to convince the insurance company to cover defense costs, even in excess of the policy limits.
Our attorneys have significant experience representing either insurance companies or the insured parties in disputes over coverage.
Travis Law Group has been involved in disputes over the use and ownership of databases, software programming, trademarks, trade names and trade dress. In these cases, the firm has confronted issues relating to the work-for-hire doctrine under federal statutes and state common law and issues arising under the Lanham Act and state statutes protecting trademarks. They have prosecuted a number of actions against competitors for copyright, trademark and trade dress infringement, misappropriation of trade secrets, and false advertising. The firm has also represented high-tech clients in protecting and licensing proprietary information, including technology that was patented, trademarked, copyrighted, or otherwise protected as a trade secret.
The firm advises clients regarding trademark and copyright registration and protection and the protection of trade secrets. Although Travis Law Group does not hold itself out as a patent firm, it has corresponding relationships with AV rated patent firms.
In the last several years, the firm has represented sellers in ten different transactions involving sales of ownership and/or assets totaling over $270,000,000. The firm represented a company that provided specialized cleaning services to food processing plants in a sale of assets valued at $27,000,000, a company that manufactured automatic doors and door parts in a sale of stock valued at $28,000,000, a home services company in a sale of stock for $32,000,000, a neuro-diagnostics company in the recapitalization and sale of membership interests for $100,000,000, a commercial door servicing company in a stock sale for $32,000,000, a distributor of gas pipeline valves and related products in a sale of assets for over $3,000,000, a software company providing services to restaurant chains across the county in a sale of stock for $22,000,000, and a rock quarry business in a sale of real and personal assets for $28,000,000. In these recent transactions, the sellers often rolled equity forward, but in some instances they were straight sales. Some of these transactions involved strategic buyers; some were to private equity groups.
The firm has advised its clients on other transaction over the years. Indeed, Jeff Travis has worked on mergers and acquisitions going all the way back to the mid-1980s.
In addition to the foregoing transactional experience, the firm has litigated numerous mergers and acquisitions that have gone bad. This firm has handled a payout dispute arising out of an acquisition of a healthcare company. The firm handled a lawsuit for large sums due on a payout from the sale of a breast implant company. Indeed, it is the litigation experience of the firm in the area of mergers & acquisitions that has made it uniquely qualified to do the transactional work. We know what is important and what is not when negotiating and drafting documents for mergers and transactions.
The firm has been involved in all aspects of real estate litigation. The firm has successfully represented developers, property owners, lenders and management companies in real estate related disputes. The firm has successfully represented partners in general and limited partnerships for claims involving distributions upon sale, allocations of costs, duties of the general partner and other matters.
In a recent case, the firm confirmed on appeal the property of a temporary injunction obtained to stop the foreclosure of $9,500,000 worth of developed property in Parker, Texas. Graham Mortgage Corp. v. Hall, 307 S.W.3d 472 (Tex. App.—Dallas, Feb. 11, 2010, no pet.)
In another case, the firm obtained summary judgment in the United States District Court for the Western District of Texas for a hotel investment group, defeating a $30 million claim for fraud and tortuous interference in connection with a real estate transaction for the development of property in downtown Austin, Texas.
In a recent case, the firm obtained summary judgment in Tarrant County for a landlord/owner of a commercial property, defeating an action to foreclose on a mechanics and materialman’s lien on the property. In addition to the summary judgment, the firm also obtained an award of attorneys’ fees and costs for its client.
Attorneys in the firm have had extensive experience in litigation involving real estate brokers. Attorneys in the firm have successfully prosecuted a claim for breach of a commercial real estate listing agreement. They have brought claims against a commercial real estate broker for breach of fiduciary duties owed to the owner and property manager in connection with a commercial leasing transaction. They have also brought claims for his clients against another party’s broker for fraudulent acts in the sale of development property.
The firm’s experience in real estate litigation overlaps substantially with its experience in banking litigation. The firm has represented lending institutions in real estate loan workouts, judicial foreclosures, non-judicial foreclosures and subsequent deficiency actions against obligors and guarantors. The firm also has experience in obtaining restraining orders to stop foreclosures and has successfully defended the claims by lenders in connection with real estate financing transactions.
Travis Law Group has extensive experience in securities litigation and arbitration. The firm has brought arbitration proceedings on behalf of investors in ten separate arbitration proceedings against Wall Street brokerage firms for unauthorized and unsuitable trading. The firm has obtained a judgment for investors under Section 10(b) of the Securities Exchange Act for failure to disclose material facts in connection with a private placement offering, and have represented a former officer of a company in his action to recover amounts due under a company stock repurchase agreement.
Lawyers from the firm have also represented brokerage firms and financial institutions in litigation against the investors. Lawyers from the firm have represented broker/dealers in disciplinary proceedings before the NASD Business Conduct Committee, and have successfully represented officers of a national brokerage firm in connection with an SEC investigation.
Many of the securities fraud lawsuits in which our lawyers will become involved are class action lawsuits in which we represent the plaintiffs. They also involve individual or single investors that hold stock or stock options.
In matters related to securities fraud or shareholder derivative lawsuits, our litigation attorneys will offer legal advice and strategies designed to resolve the legal issues promptly and in a cost-effective manner.
Trade secret information is information that is not generally known in the market place which gives a business a competitive advantage. Trade secret information is a protected class of information under the law, so long as the company has taken steps to protect this information. Trade Secret information can be something as complex as the source code to the latest and greatest software or an ingredient in a product or something as common as client lists and client information. Travis Law Group has vast experience handling cases involving the protection of trade secret information. Trade secret issues come up regularly in discovery when two competitors are suing each other. These issues also come up very often in the employment/covenant not to compete context. Travis Law Group has had great success protecting its client’s trade secret information from disclosure and has had great success obtaining information from its opponents in the face of claims of trade secret protection.
In addition to the experience described herein, the attorneys of Travis & Inman have represented their clients in a wide range of other business matters. Please feel free to contact us to see if we have experience in the area of your particular needs.