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Steven H. Stodghill

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Office: Dallas
Phone: 214 292-4040
Email: stodghill@fr.com



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Practice areas
Appellate
Complex Litigation
Business Litigation
Intellectual Property Litigation
 
Mr. Stodghill was profiled in the Texas Super Lawyers 2003 magazine published by Texas Monthly in an article entitled "The Dark Knight: Holy Transactions and Litigation! Steve Stodghill comes to the rescue for all his famous clients." As Mark Cuban, owner of the NBA’s Dallas Mavericks and Mr. Stodghill’s long-time client, stated in that article: "Steve’s mind is always working on your case, and I like that … I’m not an expert in litigation, but Steve has one quality I really like: He wins." Mr. Stodghill has been named a Texas Super Lawyer by Texas Monthly for the years 2003, 2004, 2005, 2006, 2007, 2008, and 2009. Mr. Stodghill was named one of the top 500 lawyers in the nation for 2006 and 2007 by Lawdragon.com, was recognized among the country’s top business litigators in the 2008 issue of Super Lawyers Corporate Counsel Edition, was named one of the top 15 business defense attorneys in North Texas in 2009 by the Dallas Business Journal, and he also has an AV Rating by Martindale-Hubbell, the highest rating for ethics and ability. The 2007 Dallas Observer "Best of Dallas" issue described Mr. Stodghill as a "pit bull of a lawyer."

Education
University of Texas B.A. 1983 magna cum laude, Phi Beta Kappa
University of Texas J.D. 1987

Professional experience
Mr. Stodghill is a Principal in the Dallas office of Fish & Richardson P.C. His practice emphasizes all aspects of complex litigation. Mr. Stodghill served Team Counsel for the Dallas Mavericks from 2000 to 2002. He was a Founding Partner at Lynn, Stodghill, Melsheimer & Tillotson (which the Texas Monthly described in a 1998 article "Top Guns" as the "Navy Seals" of litigation), working with the firm from 1993 to 2000. He also served as an associate with Akin, Gump, Strauss, Hauer & Feld from 1987 to 1993 and as a Legislative Assistant for Congressman Ralph M. Hall in 1985.

Mr. Stodghill disposes of a broad range of experience in complex commercial litigation representing both plaintiffs and defendants in contractual disputes, breach of fiduciary duty cases, securities litigation and arbitration, shareholder derivative actions and shareholder oppression cases, TRO and injunctive relief proceedings, insurance coverage disputes, class actions, employment litigation, catastrophic injury and medical malpractice cases, intellectual property/trade secret theft cases, lawyer/accountant malpractice cases and post trial/appellate practice. In addition to being chief litigation counsel to Mark Cuban and The Dallas Mavericks, Mr. Stodghill has also represented numerous prominent companies including Yahoo!, Bank One, Zurich Financial, Mary Kay Cosmetics, Alcatel, Guaranty Federal Bank, Trammell Crow, Texaco, Xerox, Sabre, Eljer Industries, Qwest, Hunt Asset Management, Callaway Golf, Dean Foods, Fossil, broadcast.com, Richmont, U.S. Risk, Generation Partners and Driscoll Children's Hospital in significant litigation matters. In addition to Mark Cuban, Mr. Stodghill has represented interests of numerous billionaires and other high net worth individuals including Todd Wagner, Lamar Hunt, Trammell Crow, Phil Romano, Tim Headington, and multiple members of the Al Rajhi family.

Litigation examples

Breach of Contract/Breach of Fiduciary Duty/Fraud

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. (Lawrence J. Friedman opposing counsel).

Bank One, Texas, N.A. v. FDIC - obtained summary judgment on behalf of Bank One dismissing $70,000,000 breach of contract claim.

Eljer Industries v. Household Finance - obtained $30,000,000 settlement on breach of contract claim after defeating seven motions for summary judgment.

Belo v. Mark Cuban - obtained favorable settlement for a fraction of $40,000,000 breach of contract claim.

Marketing Specialists Corp., et al. v. Mary Kay, Inc. et al. - represented Richmont Capital Partners I, MSSC Acquisition Corporation d/b/a MSSC Acquisition, Inc., and MS Acquisition, Limited (collectively, "Richmont"), all subsidiaries of Mary Kay, Inc., in litigation arising out of the bankruptcy of Marketing Specialists, Corp. Marketing Specialists was one of the largest food brokers in the country and was publicly traded. The Trustee in bankruptcy sued Richmont and others asserting 27 causes of action, including claims for breach of fiduciary duties, misappropriation of trade secrets, conversion of assets, fraud, waste and gross negligence, negligent misrepresentation, tortious interference, conspiracy, fraudulent transfers, computer fraud & abuse, sought to pierce the corporate veil and claimed damages of over $210,000,000 plus punitives and attorneys' fees. Case settled on very favorable terms for client.

Sovereign Associates v. Doe - obtained $1,500,000 AAA arbitration award on breach of contract claim.

Obtained jury verdict of $4,000,000 in a breach of contract and fraud case in state district court in Dallas County, Texas for Dallas architect, William Croft.

For a large investment fund, we settled a breach of contract claim for $8,500,000 in value through cash paid and debt forgiven.

Securities Fraud/Derivative Actions

Coolink Trustee in Bankruptcy and a large group of Coolink shareholders - settled securities fraud and breach of fiduciary duty litigation for $8,100,000.

EOS Partners v. Hunt Asset Management - represented Hunt Family Investment Fund in litigation against investors in a telecommunications company. Settled a $20,000,000 lawsuit fund under which our client paid nothing and recovered 100% of its attorney’s fees from insurance.

Lawrence v. TICOR - represented plaintiff in employment claims and shareholder derivative action alleging damages exceeding $2,000,000; after defendant's experts were stricken prior to trial, case settled on favorable terms.

Rosenthal v. Texas Cardiology - represented plaintiff in shareholder derivative action seeking millions of dollars for breach of fiduciary duty against officers and directors of cardiology group. Lawsuit disclosed on eve of potential merger and settled on favorable terms.

Insurance Coverage/Bad Faith

Dallas Mavericks v. Trustmark - brought an arbitration action against Trustmark Insurance Company for its failure to pay insurance benefits related to an injured player. Settled the case for more than $10,000,000.

Dallas Mavericks v. TIG - prevailed in the Texas Fifth District Court of Appeals and the Texas Supreme Court on a coverage claim resulting in a payment of the indemnity and bad faith claims for approximately $3,000,000. This case has been cited by some commentators as the first pro insured result in the Texas Supreme Court in a coverage dispute in the last 8 years, and as the reason the insurance industry has had to adopt a mandatory endorsement excluding such claims from CGL policies. Published opinion available at TIG Ins. Co. v. Dallas Basketball Ltd., 129 S.W.3d 232 (Tex. App.-Dallas 2004, pet. Denied).

For a large health care provider, we settled an insurance coverage claim for $6,500,000.

Employment/Whistleblower

Driscoll Children’s Hospital - obtained summary judgment dismissal of a $30,000,000 claim under the Federal False Claims Act in federal court in Corpus Christi, Texas.

Lorna Pilgrim v. Victor Costa - obtained $1,500,000 judgment on sexual harassment claim.

Layman v. Xerox Corporation - obtained reversal of $9,000,000 jury verdict in favor of former employee of Xerox for breach of contract and age and sex discrimination.

Pearl v. Texas Cardiology Consultants - represented group of vascular surgeons in dispute with their cardiology group; after their covenants not to compete and other restrictive covenants were held unenforceable as matter or law, case settled on favorable terms, which allowed the surgeons to start their own practice.

State of Texas v. Driscoll Children's Hospital - represented defendant in False Claims Act case alleging over $200,000,000 in damages. Case settled for a fraction of amount in controversy; hospital not required to submit to corporate integrity program.

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.

Professional Negligence

For a large health care provider, we settled an auditor negligence case for $7,300,000.

Appellate

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. Published opinion available at TIG Ins. Co. v. Dallas Basketball Ltd., 129 S.W.3d 232 (Tex. App.-Dallas 2004, pet. denied).

Texas Workers' Compensation Comm'n v. Garcia - 893 S.W.2d 504 (Tex. 1995), rev’g 862 S.W.2d 61 (Tex. App.-San Antonio 1993, writ granted) filed an amicus curiae brief in the court of appeals and Texas Supreme Court on behalf of the three largest insurance trade associations and Continental Casualty Company in support of the constitutionality of the Texas Workers' Compensation Act. The Texas Supreme Court adopted our arguments on appeal.

Temple EasTex, Inc. v. Old Orchard Creek Partners, Ltd. - 848 S.W.2d 724 (Tex. App-Dallas 1992) obtained reversal of $7,800,000 jury verdict based on claims of negligence and products liability in the construction of apartment complex.

Brown v. Texaco Inc. - obtained reduction by trial court of $15,000,000 jury verdict against Texaco to $2,700,000 million; case then settled on favorable terms.

Catholic Diocese of Brownsville, Texas v. A.G. Edwards & Sons, Inc. - 989 F. 2nd 1054 (5th Cir. 1990) obtained Fifth Circuit opinion related to arbitration clause in multimillion dollar securities churning case; case then settled on favorable terms.

Watson v. Brazos Electric Power Corp. - 918 S.W. 2nd 639 (Tex. App. -Waco 1996, writ denied) reversing trial court in holding that spoliation, trespass and gross negligence issues should have been submitted to jury; we then settled on favorable terms.

In re Universal Image, Inc. - mandamus denied in multiple case filings of lawsuit against Mark Cuban (2000 WL 127078); denial of relator’s motion for emergency stay of proceedings and writ of mandamus (2000 WL 378525).

First Amendment/Privacy

Tod Lindholm v. Alex Gibney, HD Net Films, L.L.C., and Jigsaw Productions, Inc. - obtained court-ordered dismissal on behalf of a film director and production company in defamation and invasion of privacy lawsuit. An individual who appeared in the trailer to an Oscar®-nominated documentary film sued alleging that the use of his image in the film’s advertising was a misappropriation of his likeness and harmed his reputation. On a motion by the clients, the court found that the plaintiff had failed to state a claim upon which relief could be granted and dismissed the action.

Tammie Kirkham, et al. v. Michael Cain, et al. - obtained a take-nothing jury verdict in favor of the producers of the Sundance award-winning documentary, "TV Junkie," which was featured on HBO. The film depicted the drug addiction of Richard "Rick" Kirkham, a former journalist for "Inside Edition." Rick Kirkham's ex-wife filed suit on behalf of herself and her minor children asserting claims for breach of contract, invasion of privacy, negligence, and quantum merit. Ms. Kirkham unsuccessfully sought damages in excess of $1,000,000. The plaintiffs did not appeal.

Class Action

Rodriguez v. Dallas Basketball Limited - settled multiple class action litigations against Dallas Mavericks basketball team alleging $135,000,000 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.

Patent

Shaw v. Yahoo!, Microsoft and Real Networks - obtained summary judgment for Yahoo! in suit alleging that Microsoft’s and Real Network's multimedia applications, when used in combination with Yahoo!'s streaming media services, infringed the Shaws' patent. The plaintiffs never specified an exact dollar amount for damages they were seeking. However, had they been successful in claim construction or on the merits, the decision would have implicated anyone who uses a network such as the Internet to download multimedia content, any computer or software application used for downloading multimedia content, and every Internet website that provides multimedia content.

Deep Nines v. McAfee – represented plaintiff in patent infringement suit that resulted in jury verdict of $18,000,000.

Trademark

U.S. Risk v. Lighthouse Programs – represented plaintiff in trademark infringement case that resulted in $5,500,000 jury verdict.

Publications
"Punitive Damages: Standard less Juries, Due Process & Current Reform," address before the American Bar Association Litigation section Meeting Business Torts Committee (Aug. 9, 1993); Co-Author: with Thomas M. Melsheimer, "Annual Survey to Texas Law: Damages," 46 Southern Methodist University Law Review 1315, Spring 1993; "Due Process and Punitive Damages: Providing Meaningful Guidance to the Jury," 47 Southern Methodist University Law Review 329, January/February 1994; with Thomas M. Melsheimer and Diana L. Faust, "The Law of Sexual Harassment on Campus: A Work on Progress," The Review of Litigation, University of Texas School of Law, Summer 1994; Author: "Anita Hill's Legacy: While Texas Courts Tighten the Boundaries, Juries Pave the Way for Sexual Harassment Plaintiffs," Texas Lawyer Labor & Employment Law Supplement, Volume 12, Number 15, June 24, 1995; "The Top Ten Factors in Evaluating a Sexual Harassment Case," Texas Lawyer Labor & Employment Law Supplement, Volume 12, Number 15, June 24, 1995; with M. Brett Johnson, "Race and Sex Discrimination," University of Houston Advanced Employment Law Seminar, February (Dallas) and March (Houston), 1997; with M. Brett Johnson and Rene Skinner, "Race and Sex Discrimination," University of Houston Advanced Employment Law Seminar, March (Dallas, Houston), 1998; with M. Brett Johnson and Thomas E. Gavigan, "Race and Sex Discrimination," University of Houston Advanced Employment Law Seminar, February (Dallas, Houston), 1999; "Rolling the Dice: A Plaintiff and Defense Perspective on Texas Employment Law," ABA Litigation Section 1999 Annual Meeting, April 1999.

Bar admissions
Admitted to the State Bar of Texas, the Northern and Western Districts of Texas, the United States Court of Appeals for the Fifth and Federal Circuits, and the United States Supreme Court.

Additional information
Member: Dallas Bar Association; American Bar Association; Research Fellow, Southwestern Legal Foundation; Charter Member, Patrick E. Higginbotham American Inn of Court; Texas Bar Foundation. Mr. Stodghill was profiled in the cover story of the February 21, 2000 issue of the Texas Lawyer: "When it's a serious issue, and [Mark] Cuban figures an opponent is after his deep pockets, the billionaire entrepreneur says he asks Stodghill to take care of the problem. 'When there is even a hint of a threat, I put Stodg on them to "Stodg them," meaning pull out all the stops and let them know they are dealing with Steve Stodghill and they don't have a chance.' Cuban says." In 2007, Mr. Stodghill played the role of Luke Wilson’s lawyer in The Wendell Baker Story (co-starring Owen Wilson, Will Farrell, Eva Mendes and Harry Dean Stanton), a performance, which Robert Wilonsky of The Dallas Observer described as “the best thing in the movie.” Eagle Scout with Silver Palm.

Philanthropic Activities
American Film Institute Dallas International Film Festival: Board Member 2006-2009, Inaugural Chair of Festival, 2009
SMU Tate Lecture Series: Board Member 2008-2009, Special Care and Career Services Board Member 2003 - 2009, Inaugural Chair of Special Evening Event 2003