Case Studies

Fifth Circuit Ruling Obtained in Securities Violation Dispute

Thompson & Knight represented executives of a telecommunications company in a lawsuit alleging that our clients violated securities laws by misrepresenting - and later restating - the company's line count installations in press releases and public filings. The plaintiffs, a private equity firm and its managing partner, alleged an estimated $100 million loss in stock value and earned class-action certification in a lower court ruling. The plaintiffs alleged that class-action status was appropriate because they could demonstrate class-wide reliance via the fraud-on-the-market presumption, which assumes that a stock's market price reflects all publicly released information. The U.S. Court of Appeals for the Fifth Circuit ruled in favor of our client, decertifying the securities class action in a ruling that now requires district courts to demand proof that an accused statement actually moved a stock's market price before plaintiffs can trigger the fraud-on-the-market presumption to secure class certification.

Preliminary Injunction Obtained for Hedge Fund Client

Thompson & Knight obtained a preliminary injunction in an important victory for a hedge fund client. The injunction restrained the defendant from transferring any of its assets to a third party. Our attorneys defeated the other side's argument that the relief sought amounted to an improper prejudgment attachment. The case resolved favorably following the Court's entry of the preliminary injunction.

Initial Public Offering (IPO) Investment Arbitration

Thompson & Knight prevailed in a week-long arbitration before the American Arbitration Association for a client who was solicited by a venture capital firm to make a substantial investment in a highly-anticipated Initial Public Offering (IPO). The management committee members of the fund squandered our client's investment, along with millions of dollars belonging to other investors. It took six years for the case to get to trial. While the case was pending, the United States Attorney's Office requested our Firm's complete file and used it to indict the management committee members for mail and wire fraud.

Summary Judgment Obtained in Copyright Infringement Case

Thompson & Knight represented a public relations company in a copyright infringement case against a fitness facility. The defendant refused to pay for services provided by our client and kept various public relations materials from our client uploaded to their Web site. Our attorneys demonstrated that the defendant willfully infringed on our client's copyright after a client revoked the defendant's nonexclusive license to use the copyrighted materials. The Firm obtained a summary judgment for the client, and the judge also granted our application for a permanent injunction.

Mandamus Relief Secured in Attorney-Client Privilege and Condemnation Matters

Thompson & Knight secured mandamus relief from the Dallas Court of Appeals for our client in an issue related to attorney-client privilege. Our attorneys also defeated a claim for mandamus relief brought by a real estate company related to attorney-client privilege and condemnation issues. Both the Dallas Court of Appeals and the Texas Supreme Court denied the real estate company's petitions for writ of mandamus. As a result, our client was able to protect the privileged nature of a large quantity of documents and was also able to retain possession of a parcel of property acquired through eminent domain.

Summary Judgment Obtained for Prominent Fort Worth-Based Foundation

Thompson & Knight obtained a summary judgment on all claims asserted against our client, a prominent Fort Worth-based foundation. The case arose out of the tragic drowning deaths of an adult and three children in a city park. Our client donated funds to the City for the park's design and construction approximately 30 years before the accident. The plaintiffs pursued many entities that had been involved in the construction, maintenance, and modification of the park from its inception. After two years of discovery, the state district judge granted summary judgments for our client on all claims and for other defendants on similar motions.

Judgment Obtained for Real Estate Brokerage Firm and Broker

Thompson & Knight represented a real estate brokerage firm and broker against allegations of negligence, fraud, and violations of the Deceptive Trade Practices Consumer Protection Act by making representations and failing to disclose extensive construction defects to the plaintiffs' property. After a three-day bench trial, the Court granted judgment in favor of our clients and dismissed all of the plaintiffs' claims.

Jury Verdict Secured in Breach of Lease Dispute

Thompson & Knight secured a jury verdict in favor of an owner of an office building in a dispute involving a tenant's breach of a long-term lease. The defendants were accused of entering into a seven-year lease of space, abandoning the premises early, and failing to pay the remainder of the rent and building operating expenses. After a three day trial, the jury found in favor of the Firm's client.

Summary Judgment Obtained in Breach of Contract and Negligence Disputes

Thompson & Knight represented an excavating company in a lawsuit against a real estate company claiming breach of contract and negligence theories in two separate cases. The plaintiff claimed that our client improperly graded and excavated the property on which the plaintiff built homes. After obtaining summary judgment in favor of our client in one of the cases, the plaintiff nonsuited the other case.