Interests Aligned—with diverse business clients and issues

Commercial disputes over business transactions are a fact of life. They may involve complex issues of contract interpretation, development controversies, or disagreements among business partners. They can even center on criminal allegations of fraud, theft or unfair competition. Because the issues are so varied and the stakes potentially so large, clients in a wide range of businesses and industries—such as real estate, professional services, telecommunications, pharmaceuticals, consumer products, and finance and insurance—turn to Gruber Hurst Johansen Hail to represent them as plaintiffs and defendants in litigation.

Interests Aligned—in a wide range of disputes

No matter what the commercial litigation need, we have the experience to handle it. Complex contract disputes are a primary emphasis, as interference with business relationships and prospective economic advantage symbolizes the business tort claims that many companies ask us to pursue. Whether the need is for a temporary restraining order to enforce a non-compete agreement or a permanent injunction against competitors who stole sensitive customer information, we can secure the trial remedies necessary to protect our clients’ business interests. The full range commercial disputes that we handle is comprehensive, and includes:

• Breach of contract
• Breach of fiduciary duty
• Fraud
• Tortious interference
• Business disparagement
• Deceptive trade practices
• Bankruptcy preference and fraudulent conveyance
• Construction and real estate disputes
• Professional liability

Our lawyers have obtained favorable results on behalf of business clients via jury trial, bench trial, and summary judgment, including complex multiparty and class action litigation. We also handle commercial arbitrations before the American Arbitration Association and National Association of Securities Dealers. Our practice regularly involves litigation defense, but members of our firm have also posted several of the largest verdicts and judgments in Dallas County.

• Substantial verdict and subsequent settlement after 2 weeks to a jury for a breach of a non-disclosure and confidentiality agreement on behalf of an entrepreneur against a publicly traded financial company and west coast fund managers and venture capitalists.
• Representation of physician practice for breach of a service agreement and conversion against radiology center and physician practice management company after prevailing on a summary jury trial.
• Defense of large retail/wholesale product manufacturer against hotel chain that claimed defective products were defective through multi-week trial.
• Representation of publicly traded food manufacturer/distributor in defending claims and prosecuting counterclaims related to aquisition of subsidiary company.
• Arbitration on behalf of purchaser of steel company against seller of the company related to post-aquisition covenants and seller misrepresentations.
• Trial and settlement on behalf of national equipment distributor against former consultant.
• Breach of contract claim on behalf of a physician practice management company against optometrists.
• Defense of large real estate company on claims that large real estate development idea and plan was stolen.
• Defense of large private equity and financial company on alleged breach of contract and tortious interference related to refusing continuing funding of a start up company.
• Defense of publicly traded software manufacturer and seller against claims of defective product filed by large employment organization.
• Handled numerous partnership and corporate disputes, breakups and dissolutions.

Interests Aligned—to achieve business objectives for plaintiffs and defendants

These are representative examples of the work we have done for business clients who have aligned their interests with our lawyers and asked us to help achieve their business objectives, whether as plaintiffs or defendants in business litigation.

• Real Estate: Sought a permanent injunction against the City of San Antonio on behalf of a real estate developer for violation of a restrictive covenant
• Construction: Handled commercial and residential construction litigation including Texas Deceptive Trade Practices and residential construction liability, statutory fraud, breach of contract, professional malpractice and construction defect litigation.
• Breach of Contract: Represented a national pharmaceutical company in arbitration of a breach of contract case related to large-scale software implementation.
• Professional Liability: Represented a hospital against a Big Four accounting firm in an arbitration proceeding involving negligent audits of the hospital which resulted in a substantial overstatement of accounts receivable.
• Regulatory Disputes: Represented a bank holding company officer/director in a Federal Reserve enforcement proceeding involving claims under the Federal Change in Bank Control Act.
• Business Torts: Defended a prominent Dallas entrepreneur/businessman in a well-publicized case arising from the merger of two public technology companies.
• Antitrust: Represented a client in a case involving alleged boycott and conspiracy in violation of federal antitrust laws.
• General Commercial Matters: Other types of clients and issues in our commercial litigation practice are as varied as the business world itself. Examples include our lawyers’ past representation of:
• Breweries in a Dallas County distribution case
• A venture capital firm in a breach of fiduciary duty case
• An international equipment manufacturer in a breach of contract and fraud case
• An entrepreneur in litigation against a publicly traded high finance company
• A major carrier in cargo defense cases
• Law firms and lawyers in bar grievance hearings
• A client in defense of proceedings alleging violations of federal aviation regulations
• International pharmaceuticals manufacturers in defense in products liability and consumer class action litigation
• A national insurance company in defending toxic tort litigation
• An international metal products company in bankruptcy litigation
• An international accounting firm in defense of litigation involving antitrust, RICO, fraud, and breach of fiduciary duty claims
• An international restaurant chain in defense of personal injury lawsuits.
• An international telecommunications company in a contract dispute.