- FraudMr. Polvi focuses his practice in the areas of financial services litigation, representing broker-dealer, asset management, banking, and energy companies, as well as, individuals in lawsuits before Texas federal and state courts and in arbitrations before arbitration panels. Mr. Polvi represents clients in matters related to breach-of-fiduciary-duty claims, suitability claims, business torts (including securities fraud and other fraud), claims arising from disputes between partners or LLC members, professional malpractice claims, and claims related to violations of FINRA Rules, federal securities laws, and Texas securities laws. Other matters include efforts to enforce creditors’ rights, conflicts between employers and employees, owner disputes, claims against corporate officers and directors, and protection of client rights to trade secrets and confidential data.
- Restraining OrderDefended corporate entity in oil and gas matter in West Texas against various producer seeking a Temporary Restraining Order and Temporary Injunction. Efforts included preparing emergency discovery, emergency depositions, and extensive trial preparation.
- Money LaunderingRepresented owner in dispute between shareholders of aviation company that included claims for money laundering, fraud, and insurance fraud for several crashed aircraft.
- Corporate Law
- Mergers and AcquisitionsOur firm has had a substantial antitrust practice since the early 1970s. We have successfully defended industry leaders in Sherman 1 and Sherman 2 cases and have protected small businesses against anti-competitive conduct by larger competitors. Additionally, we offer consultation and litigation services regarding Hart-Scott-Rodino compliance, mergers and acquisitions, price discrimination, price fixing, bid rigging, monopolization, concerted refusals to deal and unfair business practices. We have successfully counseled and represented a wide array of small and large businesses in mergers and acquisitions, joint ventures, and litigation. Our clients have come from many industries, including convention services, health care, manufacturing, aviation and energy.
- Business TransactionsWe represent clients in a wide variety of business and commercial transactions. We offer representation on the formation, governance, maintenance and dissolution of all forms of business entities, including corporations, limited liability companies, joint ventures, limited and general partnerships, limited liability partnerships, professional associations, professional corporations and nonprofit corporations. We also advise clients concerning state and federal securities laws and represent clients in private equity financings. Our services include representing clients in securities litigation and arbitration. Drawing on our breadth of experience, we use a team approach to assist our clients in working through the many legal issues they face in today's business environment.
- Limited Liability CompaniesStructuring and organizing corporations, limited partnerships, limited liability companies, professional associations and other entities to operate various businesses or for investment purposes, including physician practices and ancillary service companies, a real estate service company, a physician practice services company, software and technology services companies, and real estate investment partnerships.
- Construction Contracts
- Trade SecretsAssisting clients with the protection of intellectual property, including preparation of confidentiality agreements and other contracts and policies for trade secret protection.
- Intellectual Property
- Unfair CompetitionA former aide to Congressman Earl Cabell, United States Congressman from Texas' Fifth District, Mr. Alexander has been practicing law since 1972 and joined the firm the same year. He has handled complex business litigation for over 30 years in the areas of antitrust, business torts, patents, trade secrets, unfair competition and labor-related business issues. He has also been involved in major litigation pertaining to officer, director and professional liability. He practices before federal agencies, including the FTC and FAA.
- Antitrust
- Wrongful TerminationWe represent and advise employers in all areas of employment law and employment-related issues, including negotiating and drafting employment contracts, executive compensation arrangements, stock option and stock ownership plans, severance agreements, employee manuals, contractor agreements, confidentiality and nondisclosure agreements, noncompetition and nonsolicitation agreements, and employee policies. In addition, we provide general counsel regarding compliance with federal and state employment laws, as well as employer defense of all types of claims and disputes involving employment discrimination, sexual harassment, payday laws and wrongful termination.
- Employment Discrimination
- Employment ContractRepresenting physicians and other health care providers in a variety of transactions and regulatory matters – including joint ventures and other contractual relationships between physician practices and hospitals or other health care companies – physician employment agreements, research contracts, technology licenses and regulatory matters – including HIPAA, Stark and Anti-Kickback – and other federal and state regulatory matters.
- Employment LitigationOur litigation practice covers areas as diverse as the clients we serve. We practice at trial and appellate levels before state and federal courts and in arbitration. Our litigation experience encompasses the business aspects of all types of litigation, including antitrust, general business problems and employment issues. Employment issues include noncompetition covenants, real property (including commercial landlord-tenant), partnership and corporate governance disputes, director and officer liability, trade secrets, commercial litigation, and collections. We also have substantial experience representing trustees in bankruptcy and receivers in litigation to recover assets and pursue the claims of the businesses in their care.
- Severance AgreementMr. Odén has been practicing with the firm since graduating from law school in 1984. He actively advises clients with respect to business and corporate matters, including the formation and operation of corporations, limited liability companies, limited partnerships, general partnerships and limited liability partnerships, as well as the preparation and negotiation of asset purchase agreements, stock purchase agreements, contracts of sale, real property leases, employment agreements, employee handbooks, severance agreements, independent contractor agreements, shareholder agreements, confidentiality agreements, noncompetition agreements, nonsolicitation agreements, license agreements, construction contracts, and design and production agreements.
- Sexual Harassment
- Construction Litigation
- Real Estate Transactions
- Landlord-Tenant DisputesWe are experienced in all aspects of commercial real estate, including acquisitions and dispositions, contracts of sale, leases, development of commercial properties, construction, architect contracts, environmental issues, mortgage lending, foreclosures, landlord-tenant rights and remedies, and title, survey and environmental due diligence. We assist clients in forming limited liability companies, limited partnerships and joint ventures to acquire, develop and operate real estate projects, and in financing acquisitions of real property. We also represent property owner associations, real estate management and leasing companies, brokers, and other professionals who provide real estate-related services.
- Property Damage
- Estate PlanningObtained abatement of all claims brought against one of the largest financial services institutions in the U.S. in international estate administration dispute where institution was custodian of all remaining estate assets.
- WillsShannon’s law career spanned more than fifty years in the practice of civil law and in his later years was concentrated primarily in the fields of wills and estates and entertainment law. He played a vital role in counseling many business leaders, entertainment performers and leaders in the entertainment industry, including “ghostwriting” for many artists primarily in the Country and Western field, such as Bob Wills and other successful songwriters. Shannon was also a champion of artist’s copyrights and fair compensation for their works. He was a pioneer in the industry who wrote many of the first statutes, including those in Texas protecting the names, persona, likenesses and creative works of artists like Buddy Holly long after their careers had ended. Shannon also founded the first Entertainment Law and Study Group at the Dallas Bar Association, which was the first such group in any Texas bar association.
- BankruptcyThe doctrines of mandatory and discretionary abstention (28 U.S.C. § 1334(c)), and equitable remand (28 U.S.C. § 1452(b)) provide a means for the bankruptcy court to remand the case to state court, even when the bankruptcy court unquestionably has jurisdiction. Mandatory abstention applies when: (1) the plaintiff makes a timely motion for abstention; (2) the removed claim is based wholly upon state law; (3) the removed claim does not "arise under" the Bankruptcy Code and is not dependent upon the construction or application of bankruptcy law; (4) the claim could not have been commenced in federal court absent bankruptcy jurisdiction; and (5) the claim can be timely adjudicated in state court.
- ForeclosureWe represent creditors, creditors' committees, trustees and debtors in bankruptcy proceedings. We also pursue creditor's rights for our clients by negotiating and documenting workout arrangements, including collateralization of those arrangements. We have substantial experience in complex matters relating to bankruptcy proceedings and creditors' rights and have prosecuted and defended a vast number of such claims, with very favorable results for our clients. When necessary, we obtain relief through foreclosure or litigation, and we appear before the local bankruptcy courts on almost a daily basis.