What is a win? The answer is different for everyone. And that’s the point.
Our clients expect to win. And we are here to make sure that they do. What is most important, though, is delivering the win they want.
That means clearing the way forward—but never at the expense of their interests, their reputations, or the relationships they have worked so hard to cultivate and protect.
Winning is simple. Winning the right way takes a subtler approach.
Case Study No. 1
Enforce Partnership & Employment Agreements in Regulated Industries
Physician owners and partners of a prominent healthcare system resigned their employment and signed compensation arrangements with a competitor healthcare system in violation of their existing partnership agreement. The situation called for more than a labor lawyer. Our prominent healthcare system client needed a swift, decisive litigation strategy to enforce the terms of its partnership agreement.
In a matter of first impression, because the physicians’ new employment agreement violated the terms of their partnership agreement, our client obtained an injunction enjoining the physicians from beginning their new employment unless and until they withdrew from the partnership and paid a seven-figure buy-out of their non-compete provisions. The physicians instead chose to remain partners and employees of our client. Now, over 150 physician partners understand they cannot enter into new employment agreements in violation of their non-compete provisions with our client.
Case Study No. 2
Government investigations And qui tams
Engaged by one of the largest healthcare providers in the Southwest when a disgruntled physician alleged that, based on their hospital’s policies and procedures, patient safety was purportedly at risk and the hospital was purportedly violating Medicare and Medicaid regulations. The same physician also demanded damages for alleged retaliation based on him reporting these problems. The Department of Justice (DOJ) requested that the healthcare provider address potential False Claims Act violations and aid in the DOJ’s decision whether to intervene in the lawsuit and prosecute the healthcare provider. The client needed more than a lawyer. They needed a savvy, proactive advocate who could curb the momentum of the dispute before it reached a trial.
After Jennifer led a department-wide investigation of billing and patient care practices, the DOJ declined to intervene and the lawsuit was dismissed. In addition to conducting the investigation, working with the DOJ, and bringing an end to the litigation, Richards Law facilitated improved protocols at the healthcare provider to prevent future legal problems and improve patient safety.
Case Study No. 3
Reputation and Brand Management
When our client’s logo appeared in numerous national and international publications promoting a soon-to-be-released dramatic television series, our client needed to defend its trademarks and reputation from being associated with an individual whose criminal conviction was the focus of the series. Litigation alone wouldn’t protect our client’s interests. They needed a strategy that would work before the full damage was done.
Created a litigation plan that would both successfully enforce our client’s trademark and be sensitive to the national media coverage that would surely follow if a lawsuit was filed. Switching from civil litigation to intellectual property, we also worked alongside trademark counsel to negotiate a pre-suit resolution with in-house counsel for the international production company. The dual strategy worked, as the producers begrudgingly stopped using our client’s logo, thereby protecting our client’s brand without the need for invoking the litigation plan.
Case Study No. 4
Took over as counsel on a case that should have involved a simple claim for a workplace injury but spiraled into a contentious, five-year dispute with actions pending in Texas state district court, United States district court, and the American Arbitration Association. Tasked with addressing and defeating pending motions for sanctions, resolving a long list of contentious discovery disputes, narrowing the factual and legal issues, protecting long-time employees from a second round of contentious and abusive depositions ordered by the arbitrator, and preparing the case for an arbitration hearing as efficiently as possible. Richards Law did it all by addressing the root of the problem.
Quickly negotiated a comprehensive agreement to withdraw all pending motions for sanctions, cancel the arbitrator-ordered depositions, stipulate to the actual damages being sought, move the arbitration hearing to accommodate the schedules of key witnesses, define remaining discovery needed, and resolve all pending discovery disputes. At the end of the day, we resolved the matter for a fraction of the amount originally demanded by the employee.
Jury Trial and Appellate Wins
Case Study No. 5
Enforce Written Contract for Specific Performance of Commercial Real Estate Transaction
We represented the buyer in connection with a contract for the purchase and sale of a large ethnic grocery store and business. After the seller prevented the buyer’s performance of the contract and repudiated the contract, the buyer sued for specific performance of the contract and lost-profit damages. In a contentious dispute that reached trial, our client needed more than a civil litigation attorney doubling as a commercial real estate lawyer. They needed a trial advocate who could show a jury the value of lost time.
The jury determined that the seller breached the contract, the buyer satisfied the requirements for specific performance, and the buyer was entitled to recover millions of dollars in lost-profit damages. The trial court entered a final judgment awarding the buyer specific performance, millions of dollars in lost-profit damages, significant attorneys’ fees and costs, and interest.
Case Study No. 6
Enforce Oral Contract for Joint Business Venture
Represented commercial real estate developers in connection with an oral joint venture to develop and manage a mixed-use apartment complex adjacent to a military base. Following extensive efforts in furtherance of the joint venture, the other joint venturers terminated their relationship with the developers and continued to pursue the project for themselves. The developers needed more than a commercial real estate lawyer. They needed a bold advocate who could show a jury that your word matters.
The jury determined that the other joint venturers breached their oral joint venture/partnership agreement with the developers and also breached their fiduciary duties to the developers and awarded millions of dollars in damages to the developers. The trial court then awarded punitive damages to the developers and entered a final judgment for the developers. A unanimous court of appeals largely affirmed the judgment.
Case Study No. 7
Enforce Contractual & Fiduciary Duties of Commercial Loan Servicers
Represented over 1,500 “direct lenders” in aggregated commercial real estate investment loans against their loan servicers for breaches of contract and fiduciary duties in connection with certain loans.
In the first of several anticipated trials, the jury determined that the loan servicers were liable for breach of contract and breach of fiduciary duties in connection with four particular loans and awarded millions of dollars in compensatory and punitive damages. The trial court then entered a final judgment based on the jury verdict. Additional jury trials became unnecessary after a global settlement involving all the direct lenders and loans was executed and approved by the trial court.
Examples of past success are not a guarantee of future results. The above are representative examples of services provided and are not intended as a complete list of current or past clients or future results.