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Commercial Litigation

In today's high-tech environment in which companies face high-stakes cases, clients know that we are uniquely qualified to address complex commercial litigation.

Fish has a compelling record of obtaining litigation results in federal and state courts across the country. We can deliver the benefits of our nationwide experience, and familiarity with local courts and practice.

In addition to having an excellent track record in intellectual property litigation, our commercial litigation practice includes lawyers with jury trial experience in a wide range of commercial cases.

Many companies, from start-ups to the nation's largest corporations, rely on us to resolve their business disputes. Our diverse group of experienced attorneys provides comprehensive business and legal counsel to companies in a broad array of sectors.

We work hard to achieve the best results for our commercial clients – and have a proud record of success. Throughout the process, we’re committed to helping our clients achieve their business goals.

Related Services

Chancery and Corporate Governance

Employment and Executive Mobility Litigation

White Collar Defense and Government Investigations

Perlan Therapeutics v. NexBio, Inc.
Defended biopharmaceutical company in trade secret, unfair competition, patent and Lanham Act case. Obtained judgment for defendants after motion to dismiss in clients' favor.

Temple EasTex, Inc. v. Old Orchard Creek Partners, Ltd. 848 S.W.2d 724 (Tex. App-Dallas 1992)
Obtained reversal of $7.8 million dollar jury verdict based on claims of negligence and products liability in the construction of apartment complex.

Stride Rite Corporation v. Verotix
Brought declaratory judgment action in the District of Massachusetts against a software and hardware vendor who repeatedly threatened a litigation in an unfavorable venue. The matter relates to the enforceability of an unexecuted shrink-wrap license agreement.

State of Texas v. ResCare, Inc.
Defense of False Claims Act case brought by Texas Attorney General and United States Department of Justice; favorable settlement obtained before trial.

TIG v. Dallas Basketball Ltd. - 129 S.W.3d 232 (Tex. App.-Dallas 2004)
Upheld summary judgment on appeal to the Texas Fifth District Court of Appeals and the Supreme Court of Texas for insured professional basketball team in suit for the duty to defend against TCPA claims under CGL policy. Appellate victory caused the insurance industry to adopt a mandatory endorsement excluding such claims from future CGL policies.

Universal Image v. Mark Cuban, Yahoo!, et al.
Obtained summary judgment on behalf of Mark Cuban dismissing $3,000,000,000 claims for fraud; dissolved injunction requiring Yahoo! to shut down its website

Zoran v. ArcSoft
Represented ArcSoft in this litigation, and cross action, for breach of contract, and misrepresentation, arising out of a failed alliance for the development of technology used to port video and other content from a computer to a television and other peripheral devices. A comprehensive business solution was worked out between the parties.

United States of America, et al. v. Driscoll Children’s Hospital, et al.
Represented defendant in False Claims Act case alleging fraud by the hospital in seeking reimbursement by the Texas Medicaid program. Following summary judgment in favor of the hospital on all False Claims Act and fraud claims, the case settled for less than 1% of the alleged damages of $6,000,000.

United States of America, ex rel John D. Battaglia v. Texas Data Control, et al.
Successfully defended Texas Data Control in qui tam case alleging violations of the federal False Claims Act. In addition to the defense verdict, Fish obtained $15 million settlement after verdict. National Law Journal put this case on the biggest winner list in 1998.

Charles Schwab & Co., Inc v. Chen and Wu.
Represented the plaintiff in an action in San Francisco Superior Court, taking over the case a few months before trial. Schwab had brought suit against two former brokers for misappropriation of trade secrets, breach of contract, breach of fiduciary duty, and prior counsel recommended that Schwab settle for a payment of $500,000. Fish took over the case, re-deposed the two defendants, uncovered new facts, and obtained a settlement of $1.8 million and return of confidential material.

Driscoll Childrens Hospital v. KPMG Peat Marwick
Lead trial counsel for hospital in accounting malpractice case; obtained favorable settlement on eve of trial.

BancTec USA Inc. (formerly Monitronics Inc.) v. Advanced Financial Solutions Inc., et al.
Defended Advanced Financial Solutions in the U.S. District Court for the Northern District of Texas. Won judgment against BancTec in a countersuit for tortious interference and antitrust.

Cargill v. Progressive Dairy Solutions
Represented Cargill in its action for misappropriation of proprietary technology and data used in the dairy industry.

Ocean Garden Products v. PSK Oceanos, S.A.
Trial counsel for seafood exporter in breach of contract action involving alleged damages of $9 million. Obtained defense verdict after jury trial.

Rodriguez v. Dallas Basketball Limited
Settled multiple class action litigations against Dallas Mavericks basketball team alleging $135M in damages for less than 1% of claims. Subsequently prevailed in claims against insurance company who were ordered to pay all costs of litigation and settlement with penalties and interest.

Light v. AT&T Wireless
Defended telecommunications company in defamation and invasion of privacy action. Obtained judgment of dismissal and award of costs.

Mirror Image Internet v. DeFelice
Represent this content delivery network in the enforcement of a non-competition and non-disclosure agreement against a former employee. Litigation resolved after the grant of preliminary injunctive relief by the Business Litigation Session of the Suffolk Superior Court.

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