Commercial / Business Litigation
Litigation is the foundation of Cowles and Thompson. Our business acumen and courtroom experience give our clients a distinct advantage, while our size allows us to provide the personalized service and attention they expect. Our hallmarks:
- Client focus. We work to understand the client’s business and client-specific needs and goals.
- Nimble, personalized service and attention.
- Thorough research. The ability to dive deeply into the complex business issues and strategic challenges that characterize business litigation.
- Responsiveness. Able to respond on short notice, to seek or oppose an emergency restraining order, or handle a short-fuse court proceeding.
We have the experience to respond effectively.
We represent commercial clients in disputes involving contracts, securities, employer/employee issues, real estate, construction, environmental issues, unfair competition, and creditors’ remedies. We aggressively handle all types of commercial cases from small contract disputes to complex class action matters.
- Representation of a major U.S. retailer in class action, commercial, and construction litigation.
- Successfully recovered damages from a national manufacturer for deficient membrane roofs.
- Tried, appealed, and successfully defended a putative class action suit by medical professionals;
- Successfully defended a putative collective action challenging the overtime classification of assistant store managers;
- Tried to verdict and recovered seven-figure damages against general contractor for defective subgrade construction;
- Defense of an international law firm in a putative class action and receiver lawsuit alleging billions of dollars in losses related to a financial fraud case. Obtained dismissal of the class claims.
- On-going representation in state court litigation against commercial landlord in wrongful eviction suit where our client, a national fast-food franchisee, was wrongfully evicted for an alleged non-monetary breach of lease.
- Represented the owner of a commercial building in a multi-party dispute over defective construction. Tried to a jury verdict in federal court in Mississippi against the architect, geotech engineer, and general contractor. Obtained a seven-figure judgment and settlements in favor of the client.
- $48 million Judgment, affirmed on appeal, for defrauded investors in a dispute involving several failed real estate developments.
- Defended client in federal court litigation in Dallas, Texas arising out of dispute over possession of cell phone tower, including claims of successor liability to previous owner of towers.
- Take-nothing Judgment in favor of a major developer of wind-powered electricity in defense of a $30+ million liquidated damage claim for breach of a power purchase agreement.
- Successful trial of claims brought by a motion picture company for breach of a licensing agreement to exploit the Academy Award-winning film Monster.
Key Areas of Commercial Litigation Experience
- Contract disputes: breach of warranty, defective products, failure to perform, non-compete agreements, and collections
- Business tort claims: fraud, deceptive trade practices, defamation, duress, breach of fiduciary duty/duty of good faith, tortuous interference, and unfair competition
- Complex litigation: multi-party cases, multidistrict litigation
- Construction litigation: defective design and construction, environmental contamination, lien claims
- Intellectual Property litigation: trademarks, trade names, copyrights, patents, and trade secrets
- Technology litigation: breaches of computer hardware, software, or computer services contracts
- Employment litigation: retaliatory discharge, sexual harassment, breach of contract, unfair competition, racial discrimination, non-compete agreements, and theft, misuse, or misappropriation of assets or confidential information
- Environmental law
- Ownership Disputes between shareholders, co-tenants, and partners
- Lender-borrower disputes: usury, lender liability, real estate valuation, and deficiency suits
- Real Estate litigation: lien claims; construction defects; boundary, easement, or possession disputes; condemnation; and landlord/tenant claims
- Oil and gas litigation
- Extraordinary and equitable relief: temporary restraining orders; temporary and permanent injunctions; distress warrants; and writs of re-entry, attachment, garnishment, possession, sequestration, and execution
- Municipal litigation: eminent domain, zoning disputes, and land use
First, Understand the Client
Our trial attorneys are trained to listen first, and to learn the client’s business and objectives. We know that handling difficult litigation matters requires not only a thorough knowledge of relevant areas of law, but also a complete understanding of our clients’ goals. We work with each of our clients to assess the issues and risks and devise a litigation plan that best suits each client.
- Friday, March 17, 2017 Successful Trial Case on Enforcement of a Training Expense Repayment Contract
- Monday, October 31, 2016 Sim Israeloff elected to ABOTA
- Tuesday, July 21, 2015 Todd Harlow and Lishel Bautista Win $1.46 Million Jury Verdict In Fraudulent Transfer Case
- Thursday, March 12, 2015 Todd Harlow represents City of San Angelo in a suit against Martifer-Hirshfeld over wind turbine venture
- Monday, December 08, 2014 Todd Harlow Wins Take Nothing Judgment At Trial
- Monday, August 25, 2014 David Metzler obtains a dismissal of all claims against his client
- Monday, February 10, 2014 Todd Harlow continues to pursue high-profile fraudulent transfer case.
- Saturday, February 01, 2014 Todd Harlow represents former private equity advisory firm partner.
- Tuesday, August 22, 2017 Fifth Circuit Rules on Exempt Characterization of Proceeds of an IRA
- Monday, July 20, 2015 Minimizing The Indemnity Sideshow (Greg Carboy)
- Tuesday, March 24, 2015 Shocking Fraudulent Transfer Ruling from the Fifth Circuit (Sim Israeloff)
- Tuesday, March 24, 2015 Beware the Scrivener's Error - It Could Destroy Your Lien (Stephen Stapleton)