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Business Litigation
Schirrmeister Diaz-Arrastia Brem LLP represents large and small companies and individuals, both as plaintiffs and defendants, in litigation arising from commercial transactions and torts. Our clients are active in a variety of industries, including energy, chemicals, plastics, oil field services and equipment, real estate development and financial services. We actively seek alternative fee arrangements, such as contingent fee, modified contingent fee and reverse contingent fee arrangements. We have broad experience prosecuting and defending cases involving breach of contract, breach of trust or fiduciary duty, unfair competition, tortious interference, fraud and negligent misrepresentation. We are familiar with the complex legal and factual issues that frequently arise in business cases, including complex damage questions such as lost opportunity and lost profits. We have established relationships with the scientific, engineering, economic and accounting experts that are necessary to win your case.
Among our many successes are: - Defending an international manufacturer of high-performance resins that was sued in a third-party action by two molders who had been retained by the client’s customer to mold parts for a tank-less water heater. The client’s customer had sued the molders claiming that improper molding had caused water heaters to fail in the field, leading to damage to commercial reputation, lost sales and profits and business opportunities exceeding $40 million. The molders asserted third-party claims against our client, claiming that the failures were the result of the properties of the resin or incorrect instructions given by the client’s field technical representatives. The molders also asserted statutory causes of action for contribution and indemnity under Chapters 33 and 82 of the Texas Civil Practice and Remedies Code. The court entered summary judgment for our client on all claims.
- Obtaining a seven-figure lost profits jury verdict and judgment for a Houston-based original equipment and replica parts manufacturer against a national distributor for breach of an exclusive distribution and supply contract.
- Defending a Fortune 500 U.S.-based multinational company in a suit for breach of employment agreement and age discrimination brought by the former head of the client’s European operations.
- Representing a group of investors in obtaining a $2.625 million settlement from a national law firm accused of aiding and abetting securities fraud in its representation of an Internet start-up.
- Representing a Houston-based health care company in litigation arising from the sale of a subsidiary. The subsidiary was placed in receivership and eventually bankruptcy. The client received the lion's share of the value of the subsidiary's assets.
- Defending a Houston building owner in a suit by the building’s sole tenant. The tenant sought to cancel the lease and recover damages it claimed were caused by the building’s faulty roof. At trial, the jury awarded the tenant no damages, enforced the lease, and awarded our client 100% of its attorney’s fees.
- Representing a foreign subsidiary of an U.S.-based Fortune 500 company in prosecuting claims against a foreign company that had been placed in bankruptcy in Delaware by its U.S.-based parent. After negotiation, the client was paid 100% of its claim.
- Defending a national home builder in class action litigation involving thousands of claims of misrepresentations in its marketing program. Class certification was successfully resisted. The litigation continued in both Texas and Federal trial courts, the U.S. Court of Appeals for the Fifth Circuit and the U.S. Supreme Court. The client obtained a final judgment in its favor and paid nothing to the plaintiffs.
- Representing a Houston-based real estate developer in prosecuting claims for fraud in connection with its purchase of a contaminated parcel of land from a Fortune 500 company. After a three-week trial, the seller of the land settled the fraud claims with a seven-figure payment. A legal malpractice claim against the client's prior attorneys was also pursued and settled in the high six figures.
- Defending a major national gas transportation company in hundreds of claims filed in more than ten separate suits throughout the State of Texas arising from an explosion that occurred at one of the client's storage facilities in central Texas. All claims were resolved with a minimum expenditure of the client's resources.
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Representing a group of Mexican investors in a suit for breach of an
agreement to sell a 50% stake in a privately held financial services
company. After the breach of the agreement, the company was sold to a third
party at a significant profit. The case was settled for a sum equal to the
clients’ investment plus interest.
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