Partner, Dallas

Practice Description

Cheryl E. Diaz focuses her practice on commercial litigation and arbitration. She has extensive experience in complex commercial disputes, securities fraud actions, business tort actions, officer and director liability matters, franchise litigation, enforcement of non-compete covenants and protection of trade secrets, banking and real estate litigation, product liability actions, and toxic tort litigation. She has tried numerous jury cases to verdict and has succeeded in obtaining a significant number of injunctions, many of which prevented our clients from losing company-sustaining funding and otherwise going out of business.

Ms. Diaz has experience at the trial and appellate levels in both state and federal courts and has handled arbitrations before the American Arbitration Association, the National Association of Securities Dealers, and JAMS. She has handled cases in some of the most difficult jurisdictions throughout the State of Texas and in other states.

Representations

• Represented the former president of an international franchisor who was sued for breach of contract and fraud in connection with the sale of master franchise rights; successfully tried case to a defense jury verdict

• Represented an investor in a suit brought against a venture capital fund, its placement agent, and its management committee members for securities law violations and other torts; successfully tried case to plaintiff verdict

• Represented a bank in a suit alleging breach of a deposit fee agreement in connection with the plaintiff's sale of its commercial mortgage-backed securities servicing business; obtained summary judgment in favor of client

• Represented a corporation and its officers and directors in multimillion-dollar shareholder lawsuits that resulted from the acquisition of a biotech company; suits involved allegations of tortious interference with shareholder rights and aiding and abetting breach of fiduciary duty; claims were disposed of on dispositive motions

• Represented several health care billing and management corporations in an arbitration proceeding that included claims for alter ego liability, fraud, and fraudulent transfers

Distinctions/Honors

• Texas Super Lawyers^® by Thomson Reuters (Business Litigation, Class Action/Mass Torts, General Litigation); 2003-2007

Press Releases/In the News

• "DRI Holds IP And Business Litigation Conference In New York," The Metropolitan Corporate Counsel; March 02, 2010
  

• "DRI Schedules Diversity Seminar," The Metropolitan Corporate Counsel; June 01, 2007
  

Presentations/Publications

• "Defending A Claim Under the Computer Fraud and Abuse Act," DRI Business Litigation and Intellectual Property Seminar, April 2010
  

• "Litigation Trends in the Banking and Financial Services Industries: The Impact of the Subprime Crisis," Dallas Association of Financial Professionals, September 2008
  

Activities

• Member, American Bar Association; Litigation Section

• Member, Dallas Bar Association; Business Litigation Section; Franchise and Distribution Law Section Treasurer, 1999, Secretary, 2000, Council Member, 2001-2004