Commercial

A major portion of LPHS’s practice is dedicated to commercial litigation. Our commercial clients include some of the most prominent companies, business leaders and families in the country – in matters in which eight- and nine-figure damages are at stake. Many of our current business clients are our former adversaries.

Unlike many commercial litigation firms, we routinely try cases before juries, judges and arbitrators. Our partners have collectively tried over 200 cases. Our attorneys graduated from the top universities in the country, and often come to us from prestigious judicial clerkships and after obtaining big-case experience at large, national law firms. As a result, we provide exceptional representation during all phases of complex commercial litigation, whether presenting our client’s position through effective written motions and briefs, oral advocacy to the court, or trial to a jury, judge or arbitration panel.

We have been recognized by members of the bar as leading trial lawyers in other ways as well. For example, all LPHS partners have been recognized as Texas Super Lawyers by Texas Monthly magazine (limited to the top 5% of practicing lawyers in the state). Eric Pinker was recognized as one of the Top 100 Lawyers in the state by Texas Monthly, and Mike Lynn was recognized as one of the Best Lawyers in America repeatedly (limited to the top 1% of practicing lawyers as voted on by members of the bar). The firm was identified as one of the top business litigation firms by U.S. News & World Report, and was recognized as a Band 1 Firm in commercial litigation by Chambers and Partners since 2017.

LPHS represented Inpamet S.A. in a case about who would dominate South America in the manufacture and sale of anodes and cathodes used in the mining of copper and zinc. The case took place against a backdrop of new investments in China that would decide who dominates that market. The case was unique in its scope and reach, with issues related to mining copper and zinc, and the demand for such metals in China and South America. It also involved a unique view of mining technology.
LPHS represented Southwest Airlines concerning gate use rights of Love Field Airport in Dallas. Southwest is the preferred leaseholder with lease rights to 18 of 20 gates at Love Field, which is gate-constrained by federal law. Competing carriers claim access and use rights under federal airport grant assurances and a federally filed competition plan.
LPHS represented a member of the Saudi Arabian royal family, in federal court in Dallas, and asserted claims on his behalf against a local company and one of its executives for failing to repay a $3 million down payment on a potential investment in a technology business, and for failing to repay a $310,000 loan. Defendants countersued for approximately $6 million in lost profits on the parties’ joint venture. We prevailed on all issues after a jury trial, resulting in judgment in our client’s favor for $3 million (a $9 million swing from what the defendant had sought to end up). The U.S. Court of Appeals for the Fifth Circuit affirmed in all respects in October 2018. Al-Saud v. Youtoo Media, 754 Fed. Appx. 246 (5th Cir. 2018).
LPHS represented Herff Jones, a Varsity Brands company, in a lawsuit against Jostens Inc. arising out of Jostens’ hiring of Herff Jones representatives notwithstanding their noncompetes. The case was filed in 2016 against Jostens and two departing Herff Jones representatives, and Herff Jones hired LPHS six months before trial to serve as lead trial counsel. LPHS defeated counterclaims via summary judgment, and the jury found for Herff Jones on all counts.
LPHS represented Neiman Marcus Group Inc. and affiliate entities against Marble Ridge Capital LP in a lawsuit in Dallas County. We began the case as the defendant but are now pursuing claims on behalf of Neiman Marcus as plaintiffs. A fund and fund advisor originally sued Neiman Marcus for fraudulent transfer, alleging damages in excess of $1 billion. We obtained dismissal with prejudice of all claims filed against Neiman Marcus. We also filed counterclaims on behalf of Neiman Marcus, and the plaintiff filed an anti-SLAPP motion to dismiss, which we defeated in its entirety. All that remains before the trial court are Neiman Marcus’ counterclaims.
LPHS represented Sara Lee Corporation and The J. M. Smucker Company (Smuckers) in a dispute with Jacked Up LLC. Jacked Up sued Sara Lee for breach of contract, fraud and fraudulent inducement, and they sued Smuckers for trade secret misappropriation and tortious interference. Jacked Up alleged that Sara Lee induced it to enter into a long-term agreement to manufacture, develop, market and sell an energy-infused iced tea. Jacked Up further alleged that Sara Lee breached the parties’ development agreement and sold its beverage assets to Smuckers, who in turn, misappropriated Jacked Up’s “secret formulas” for its benefit. LPHS was lead trial counsel for Sara Lee and Smuckers.
LPHS represented the surviving officer of Opus West Inc. in pursuing claims against its direct and indirect parents and various former officers and directors. Opus West sought to recover more than $100 million, consisting of dividend payments made during the three years prior to filing for bankruptcy and benefits received by former officers and directors in related-party transactions. After obtaining a favorable summary judgment ruling on certain of its claims, LPHS negotiated a settlement pursuant to which defendants paid our client $45 million and withdrew claims valued at almost $50 million.