Richard Barrett-Cuetara is a Shareholder in the Commercial Litigation Practice Group of Cowles & Thompson, P.C.  He is Chair of the Hospitality & Lodging Practice Group and the Firm’s Diversity Committee. Rick’s real estate career started in the Real Estate Investment Division of MetLife in Dallas, Texas, as a financial analyst, commercial appraiser (M.A.I. Education), and asset manager.  With over 25 years of experience in dealing with complex real estate transactions and legal matters, Rick now serves as litigation counsel to real estate developers, retail brokerage companies, mortgage brokerage companies, and property management firms. He has also represented hotel owners, management companies, and franchisees in complex disputes throughout the United States and in the acquisition of hotels.  Rick is also the Founding Director and Member of the Hospitality Industry Bar Association.

Hospitality & Lodging Litigation

• Price Gouging Litigation
• Hotel management contract disputes relating to operational, pre-opening, "Woodley Road" (rebates/kickbacks/commissions) and termination issues
• Franchise disputes relating to territorial exclusivity, impact/encroachment, renovation/conversion, reservation (GDS), and termination issues
• Hotel Condominium Litigation
• Toxic mold, lender/liability, receivership, limited partnership, and transfer occupancy tax disputes
• Complex bankruptcy disputes involving consolidated returns, NOL's, and adversary proceedings 

• Office building lease disputes involving accountings and reimbursement of building expenses
• Lender liability, joint-venture, asset management, and bankruptcy disputes
• Limited partnership, general partner, and limited partner disputes
• Commercial real estate appraisal experience (M.A.I. Courses)

• Officer and director disputes involving indemnification issues
• Limited partnership, general partner, and limited partner disputes
• Copyright infringement, Lanham Act, fraud, and general litigation matters

• Hotel, franchise, license, and asset management agreements
• Office building leases, tenant finish letters, and related matters
• Joint-venture, partnership, and loan agreements
• Contracts of sale
• Closings

 

• About
• Education
• Admissions
• Memberships & Affiliations

Richard Barrett-Cuetara is a Shareholder in the Commercial Litigation Practice Group of Cowles & Thompson, P.C.  He is Chair of the Hospitality & Lodging Practice Group and the Firm’s Diversity Committee. Rick’s real estate career started in the Real Estate Investment Division of MetLife in Dallas, Texas, as a financial analyst, commercial appraiser (M.A.I. Education), and asset manager.  With over 25 years of experience in dealing with complex real estate transactions and legal matters, Rick now serves as litigation counsel to real estate developers, retail brokerage companies, mortgage brokerage companies, and property management firms. He has also represented hotel owners, management companies, and franchisees in complex disputes throughout the United States and in the acquisition of hotels.  Rick is also the Founding Director and Member of the Hospitality Industry Bar Association.

 

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Education:

1. B.S. Degree, San Diego State University, Cum Laude, With Distinction, 1977
2. J.D. Degree, California Western School of Law, 1981
3. LL.M. Degree, Taxation, University of Miami (Fla.), Cum Laude, 1992

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Admissions:

• State Bar of Texas, 1983
• United States District Court for the Northern District of Texas, 1984
• United States Tax Court, 1997
• United States Court of Appeals for the Seventh Circuit, 1993

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Memberships & Affiliations:

• Member, State Bar of Texas
• Member, The Republican National Hispanic Assembly
• Member, Dallas Hispanic Bar Association
• Member, The Real Estate Council
• Founding Director and Member of the Hospitality Industry Bar Association
• Member, Global Alliance of Hospitality Attorneys (GAHA)
• Chair, Cowles & Thompson Diversity Committee
• Member, Hispanic National Bar Association
• Member, Southern Methodist University (SMU) Real Estate Society
• Member, Rotary Club of Park Cities (Dallas)

• Rick Barrett & Byron Henry successful in Court of Appeals

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• Rick Barrett & Paul Dalton successfully represented a hotel client in obtaining a new trial

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• Rick Barrett, Paul Dalton, Eric Yepez, and David Oliveros settle a $30 Million complex construction defect case

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• Rick Barrett & Byron Henry - Fifth District Court of Appeals Denies Dallas Central Appraisal District's Motion for Rehearing

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• Rick Barrett & Steven Moses settle complex hotel “price-gouging” lawsuit

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• Rick Barrett, Paul Dalton, John Hill victorious: Condemnation of Hotel Averted

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• Rick Barrett victorious against Dallas Central Appraisal District

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• Successful Resolution of $2 Million Investment Fraud Case

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• Great Results for our Client - A Six Figure Jury Verdict Obtained and an Award of Attorneys' Fees and Costs.

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• Rick Barrett, Steven Moses, Mark Hill and Byron Henry obtain Jury verdict

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• Rick Barrett Successful - Good Results - Redetermination of Hotel Occupancy Tax Liability

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• Barrett and Yepez receive favorable settlement for purchaser of retail shopping center

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• Barrett Wins Suit Against Appraisal District

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• Barrett, Pegram, Israeloff, Northrup - Resolution of $27 Million Partnership

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• Rick Barrett, Melissa Pegram, Sim Israeloff, & Mike Northrup obtain Good Results for Our Client -- Resolution of $27 Million Hot

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• Rick Barrett and Melissa Pegram obtain Good Results for Our Client

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• Rick Barrett obtains Good Results for Our Clients -- Removal of Lien

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• C&T Lawyers Finalize $60 Million Hotel Acquisition

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• Rick Barrett obtains Good Results for Our Client

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• Rick Barrett obtains Good Results for Our Client

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• Rick Barrett obtains Good Results for Our Client

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• Rick Barrett obtains Good Results for Our Client

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• Rick Barrett obtains Good Results for Our Client

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• Rick Barrett obtains Good Results for Our Client

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Representative Matters:

• Serves as Litigation Counsel to several commercial real estate developers, real estate management companies, retail leasing companies, and owners of commercial assets.
• Part of team that closed a $60,000,000 acquisition of four mid-tiered hotels located in Texas.  Assisted in handling the purchase and sale agreements, land use and ancillary rights, review of title commitments and surveys, and closing of the transaction with the client's equity partner and lender. 
• Obtained unanimous jury verdict against Dallas Central Appraisal District reversing DCAD's denial of an ad valorem tax exemption filed by a non-profit charitable organization.
• Resolved complex $27 million partnership dispute involving the control, management, and transfer of ownership interests in six hotels branded by three international hotel companies.
• Represented co-owner of multi-million dollar business in successfully pursuing claims against partner of business for breach of fiduciary duties, breach of contract, mismanagement, and derivative claims resulting in client obtaining 100% ownership of the corporation and its assets.
• Obtained dismissal of lawsuit against retail leasing company based on allegation that real estate agents failed to monitor parking ratios in retail shopping center, thereby damaging owner due to acquisition of adjacent land to provide additional parking for retail center.
• Facilitated pre-suit mediation of retail lease matter.  Landlord alleged tenant (the firm's client) was liable for early termination of class "A" retail lease in second year of seven year lease and sought reimbursement of delinquent rent and tenant improvement allowance.  Landlord and Tenant agreed to pre-suit mediation to resolve dispute.  Corporate tenant and guarantor released of approximately $700,000 in alleged liability under retail lease and guaranty.  The landlord did not receive any compensation.
• Removed five sub-contractor liens, in excess of $150,000, filed against multi-million dollar residential property so owner could obtain new funding to complete construction of residence.

 

 

 

 

 

News:

• 12-21-2009: Rick Barrett selected to serve on 2010 Texas Minority Counsel Program Steering Committee

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• 09-11-2009: Rick Barrett Host of 2010 Hospitality Law Conference

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• 08-04-2009: Rick Barrett to be a Moderator at Real Estate Symposium

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• 07-16-2009: Rick Barrett interviewd by L.P. Phillips of Radio Station KRLD 1080

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• 07-15-2009: Richard Barrett wins Appeals case against DCAD

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• 04-27-2009: Rick Barrett becomes Founding Director and Member of the Hospitality Industry Bar Association

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• 02-17-2009: Rick Barrett selected to serve on TMCP Steering Committee

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• 01-26-2009: Rick Barrett listed as Mover & Shaker in Diversity & The Bar

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• 10-07-2008: Rick Barrett Presents Lodging Track at Hospitality Law Conference, Houston, TX

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• 09-29-2008: Rick Barrett presents CLE: The Hotel Industry -- Franchise and Hotel Management Agreements

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• 09-08-2008: Cowles & Thompson to Sponsor Real Estate Symposium on Sept. 18, 2008

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• 02-12-2008: Barrett Speaks at Hospitality Law Conference

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• 01-03-2008: Barrett Interviewed on Real Estate Fraud

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• 09-24-2007: Cowles & Thompson Sponsored Real Estate Symposium

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• 05-31-2007: Barrett Interviewed in National Legal Publication

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• 04-09-2007: C&T Lawyers Finalize $60 Million Hotel Acquisition

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• 02-08-2007: Rick Barrett Speaks at Hospitality Law Conference

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• 10-31-2006: C&T Attorney Speaks on Fraudulent Financing

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• 08-30-2006: Cowles & Thompson Sponsors Real Estate Conference

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• 08-28-2006: Barrett Speaks at Catering Symposium

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• 03-08-2006: Barrett Speaks at Hospitality Conference

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• 01-30-2006: Barrett Article on HospitalityLawyer.com

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• 12-05-2005: C&T Lawyer Speaks on Mold Issues

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• 06-23-2005: Barrett Named Rotary Officer

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• 06-22-2005: C&T Co-Sponsors Real Estate Symposium

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• 03-10-2005: Barrett Addresses Hotel Technology Conference

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• 02-05-2005: Barrett Contributes to Hospitality Book

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• 02-04-2005: Rick Barrett Speaks at Hospitality Conference

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• 11-12-2004: Barrett Speaks at Lender Conference

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• 06-24-2004: Rick Barrett and Mike Northrup Obtain Favorable Settlement in Hospitality Dispute

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• 06-23-2004: Barrett Speaks at Hospitality Conference

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• 06-19-2004: Cowles & Thompson Presents Mold and Commercial Real Estate Seminar

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• 06-07-2004: Barrett Speaks at Business Seminar

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• 06-07-2004: Barrett featured on Hotel Industry Website

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• 04-23-2004: Barrett Article Published in Hospitality Law

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• 03-26-2004: Barrett Article in Dallas Business Journal

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• 03-10-2004: Cowles & Thompson Co-Sponsors Lodging Conference

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• 01-22-2004: Barrett Speaks at Hospitality Law Conference

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• 01-02-2004: Barrett Article in Fort Worth Business Press

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• 12-01-2003: Rick Barrett obtains Good Results for Hotel client

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• 11-24-2003: Barrett Interviewed in Star-Telegram

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• 11-07-2003: Rick Barrett Interviewed by Dallas Business Journal

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• 11-01-2003: Rick Barrett obtains Good Results for Our Clients

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• 11-01-2003: Rick Barrett's Mold Article Published in Lodging Hospitality Magazine

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• 10-16-2003: Rick Barrett Speaks at Lodging Conference

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• 09-01-2003: Sim Israeloff, Rick Barrett and Raymund King obtain Good Result for Our Client

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• 08-25-2003: Rick Barrett interviewed by "Viewpoints"

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Publications:

• 01-20-2009: Barrett & Moses article: Arbitration: Panacea or Nightmare?

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• 05-18-2005: The Franchisor/Franchisee Relationship

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• 11-23-2004: Commercial Values Impacted by Moldy Misperceptions

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• 10-15-2004: HOTs - Friend or Foe to Convention Center Hotels?

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• 08-01-2004: An Examination of the Hotel Industry and Multi-Branded Francisors

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• 08-01-2004: The Complications of the Franchise Relationship

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• 07-28-2004: In Defense of the Franchisor

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• 03-26-2004: The Franchise Relationship is Complicated

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• 03-15-2004: Asset Manager: Gatekeeper or Bean Counter?

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• 02-01-2004: Moldy Misperceptions and Plummeting Property Values

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• 11-24-2003: Too Many Rooms at the Inn: With Little New Construction, Hotel Chains Turn to Acquisitions for Growth

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• 11-02-2003: Mold Growth Threatens Property Values

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• 09-03-2003: Dilemma of a Convention Hotel: 'Special Interests' v. 'Civic Pride'

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• 08-01-2003: Avoiding Tortious Interference Lawsuits

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• 01-01-2003: How to Avoid the Nightmare of Litigation

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