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PRACTICE WITH PURPOSE BOYARMILLER’S LITIGATION PRACTICE MEETING YOUR COMPLEX CHALLENGES

BoyarMiller's Litigation Practice

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Page 1: BoyarMiller's Litigation Practice

PRACTICE WITH PURPOSE

BOYARMILLER’S LITIGATION PRACTICEMEETING YOUR COMPLEX CHALLENGES

Page 2: BoyarMiller's Litigation Practice

PRACTICE WITH PURPOSEwww.boyarmiller.com

TYPICAL DISPUTES INCLUDE

Contractual Disputes

Non-Compete Disputes

Partnership & Corporate Disputes

Technology Protection Disputes Including Trademark and Trade Secret Disputes

Business Torts

Fiduciary Duty Claims

Oil & Gas Litigation

Antitrust

Corporate Governance Disputes

Lender Liability

Securities Fraud

Shareholder & Derivative Suits

Appeals

Business Litigation

Page 3: BoyarMiller's Litigation Practice

PRACTICE WITH PURPOSEwww.boyarmiller.com

TYPICAL DISPUTES INCLUDE

Violation of non-compete, non-disclosure,

and non-solicitation agreements, including

those relating to the misappropriation

of trade secrets and proprietary

information of employers

Obtaining and Defending against

Temporary Restraining Orders, preliminary

injunction hearings, arbitration proceed-

ings and trials on restrictive covenants

and employment contracts

Unemployment benefits through the

Texas Workforce Commission (TWC)

Discrimination and retaliation based

on race, sex, national origin, disability,

and age under Title VII, the Civil Rights Act

of 1964, the Americans with Disabilities

Act (ADA), the Age Discrimination in

Employment Act (ADEA), and the Texas

Commission on Human Rights Act

Unpaid overtime and other wages under

the Fair Labor Standards Act (FLSA) and

the Texas Pay Day Act

Discrimination and retaliation under

the Texas Workers Compensation Act

Employment Litigation

Page 4: BoyarMiller's Litigation Practice

PRACTICE WITH PURPOSEwww.boyarmiller.com

TYPICAL DISPUTES INCLUDE

Buy/Sell Disputes

Landlord/Tenant Disputes

Construction Management Disputes

Construction Design and Defect Disputes

Mechanic/Materialman’s Lien & Payment Bond Disputes

Reciprocal Operating Agreement Disputes

Condemnation

Easement/Restrictive Covenant Disputes

Boundary Disputes

Real Estate Litigation

Page 5: BoyarMiller's Litigation Practice

PRACTICE WITH PURPOSEwww.boyarmiller.com

TYPICAL DISPUTES INCLUDE

Trademark/Tradedress Infringement Disputes

Trademark Dilution

Trade Secret Misappropriation Disputes

Cyberpiracy Disputes

Internet Corporation for Assigned Names and Numbers (ICANN) Disputes

Intellectual Property Litigation

Page 6: BoyarMiller's Litigation Practice

DELIVERING RESULTS THROUGH OUR MISSION TO

Provide Counsel Beyond Expectations, Build Lasting Relationships and Make a Meaningful Difference in People’s Lives

PRACTICE WITH PURPOSEwww.boyarmiller.com

About Us

Page 7: BoyarMiller's Litigation Practice

PRACTICE WITH PURPOSEwww.boyarmiller.com

Won a $2.6 million dollar jury verdict for a partner of a Houston-based engineering firm. The Defendants claimed our client made misrepresentations related to his educational qualifications that fraudulently induced them into making him a shareholder in the firm. The jury found that the Defendants breached their contract with our client and their conduct in handling the partnership dispute constituted minority shareholder oppression.

Results

Page 8: BoyarMiller's Litigation Practice

PRACTICE WITH PURPOSEwww.boyarmiller.com

Successfully handled an appeal to the 5th Circuit on behalf of an owner of an 10,000-acre master planned residential community. A contractor sued our client for $4.5 million for alleged failure to pay for extra work and delay damages. BoyarMiller obtained a summary judgment at the trial-court level which was unanimously affirmed by the 5th Circuit resulting in new case law in Texas relate to the enforceability of such releases in construction contracts.

Results

Page 9: BoyarMiller's Litigation Practice

PRACTICE WITH PURPOSEwww.boyarmiller.com

Won an arbitration award on behalf of a group of entrepreneurs who sold their software company to an oilfield services company. After a 15-day arbitration hearing, the three member panel voted unanimously in favor of BoyarMiller’s client. The panel found that the entrepreneurs had been fraudulently induced into the transaction and awarded over $2.5 million in damages.

Results

Page 10: BoyarMiller's Litigation Practice

PRACTICE WITH PURPOSEwww.boyarmiller.com

Defended the former president of a nationwide construction company who was seeking a temporary injunction to enforce a series of employment contracts containing non-competition obligations. BoyarMiller successfully defeated the construction company’s attempts to obtain and injunction and obtained a declaratory judgment dining no enforceable non-compete agreement existed. The Court also awarded our client over $75,000 in attorney fees.

Results

Page 11: BoyarMiller's Litigation Practice

PRACTICE WITH PURPOSEwww.boyarmiller.com

Successfully represented a Fortune 200 client in an arbitration proceeding that upheld the termination of an employee with a disability who claimed he was the victim of discrimination. The employee, claimed to suffer from ADHD. The arbitrator determined that the termination was valid and not discriminatory.

Results

Page 12: BoyarMiller's Litigation Practice

PRACTICE WITH PURPOSEwww.boyarmiller.com

Won a unanimous jury verdict of $1.3 million on behalf of two former partners of an accounting firm based on the firm’s failure to pay amounts owed to the partners following their separation from the firm.

Results

Page 13: BoyarMiller's Litigation Practice

COMMITTED TO OUR CORE COMPETENCIES

We stay committed to our core competencies as reflected in our two practice groups, Business and Litigation. BILL BOYAR, FOUNDING SHAREHOLDER

PRACTICE WITH PURPOSEwww.boyarmiller.com

Practice Areas

Page 14: BoyarMiller's Litigation Practice

PRACTICE WITH PURPOSEwww.boyarmiller.com

Business Mergers, Acquisitions & Dispositions

Choice of Entity/Corporate Formation

Corporate Contracts

Real Estate

Acquisitions & Dispositions

Capital Formation & Fund Creation

Construction Contracts

Entity Formation

Financing

Leasing

Public/Private Partnerships (P3s)

Secured Lending

Capital/Strategic Plan Development

Debt/Equity Financing

Private Equity

Mezzanine Funds

Venture Capital

Private Placements

Business Group

Corporate Real EstateFinance & Capital Formation

Page 15: BoyarMiller's Litigation Practice

PRACTICE WITH PURPOSEwww.boyarmiller.com

Contractual Disputes

Energy Services Disputes

Business Torts

Fraud

Securities

Corporate Governance/Business Owner Disputes

Intellectual Property

Non-Compete/Non-Disclosure Agreements

Wrongful Termination, Discrimination & Retaliation Claims

Wage & Hour Claims

Employment Counseling and Inter-nal Workplace Investigations

Buy/Sell Disputes

Landlord/Tenant Disputes

Construction Management Disputes

Construction Defect Disputes

Mechanic/Materialman Lien Disputes

Reciprocal Operating Agreement Disputes

Condemnation Easement/ Restrictive Covenant Disputes

Litigation Group

Business Real EstateEmployment

Page 16: BoyarMiller's Litigation Practice

OUR PEOPLE ARE OUR GREATEST ASSET

The attorneys in our litigation group thrive on being in the Courtroom and

have extensive trial experience which give BoyarMiller’s attorneys an edge

over other lawyers who rarely, if ever, go to trial. BoyarMiller’s litigation

attorneys bring years of trial experience to each case they are involved

in which let our lawyers spot outcome-determinative issues earlier in the

litigation process. Our history of taking cases to trial – and winning –

give our clients both settlement leverage with adversaries as well as

confidence of a successful outcome when they face trial.

PRACTICE WITH PURPOSEwww.boyarmiller.com

Attorneys

Page 17: BoyarMiller's Litigation Practice

PRACTICE WITH PURPOSEwww.boyarmiller.com

Specialized Expertise

Specializes in commercial and business

litigation including contracts, business

torts, securities and corporate gover-

nance, oil and gas, lender liability,

trade secrets, non-compete agree-

ments and other employment-related

disputes. Vast courtroom experience

ranging from state and federal

court trials to arguments before

the Supreme Court of Texas.

Represents developers, owners

and managers of commercial

real estate in state and federal

court to include tenant disputes,

easement and restrictive covenant

enforcement, condemnation,

adverse possession, construction

litigation, lien enforcement, and

creditor bankruptcy representation.

Chris Hanslik Lee Collins

Page 18: BoyarMiller's Litigation Practice

PRACTICE WITH PURPOSEwww.boyarmiller.com

Represents clients in a variety of

employment and business-related

disputes including enforcement of

non-competition and non-solicitation

agreements, misappropriation of trade

secrets and proprietary information,

breach of fiduciary duties and breach

of contract, shareholder oppression,

and related business torts. He also

handles employment-related claims

of discrimination, harassment and

retaliation, as well as wage and

overtime claims.

Specialized Expertise

Matt Veech

Handles litigation in both state and

federal courts, as well as on appeal,

for clients who have been sued

throughout the US or in arbitration.

Specializes in intellectual property

protection and trade secret disputes

as well as breach of contract and

employment litigation.

Craig Dillard

Page 19: BoyarMiller's Litigation Practice

Work with a strategic partner who is committed to understanding your company so that we can guide you through even the most difficult business and legal decisions.

PRACTICE WITH PURPOSEwww.boyarmiller.com

Contact Us