Natalie Arbaugh is a Principal in the Dallas office of Fish & Richardson and the firm’s leader of the EMPOWER Women’s Initiative. Ms. Arbaugh is a trial lawyer with a broad commercial and intellectual property practice. She leads and tries commercial and business cases for both plaintiffs and defendants in a variety of industries in state and federal courts throughout the country, with an emphasis on contracts, business torts, trade-secret theft, trademark/anti-counterfeiting litigation, qui tam/whistleblower litigation, employment litigation and noncompete counseling.
Having tried nearly 30 cases as lead counsel or second chair, Ms. Arbaugh has more trial experience in substantial cases than most of her peers, including on high-profile matters. And she is no stranger to complex litigation. Before she reached the age of 40, Ms. Arbaugh had managed and tried one of the largest and most complex fraud cases in Texas history as co-lead counsel. That effort, which was the culmination of nearly 8 years of effort, the review of millions of pages of documents and over 150 depositions, resulted in the largest Medicaid fraud settlement in Texas. The record-breaking case was the subject of extensive news coverage in a variety of U.S. and international media outlets, and resulted in Fish being named a Litigation Department of the Year finalist by Texas Lawyer magazine.
The depth of Ms. Arbaugh’s experience also led to her being asked to become a member of the trial team for the widely publicized insider trading case brought by the Securities and Exchange Commission against billionaire entrepreneur and long-time Fish client, Mark Cuban. The jury cleared Mr. Cuban of any wrongdoing following a three-week trial in Dallas federal court.
Ms. Arbaugh has a passion for top-notch client service, creative problem solving and courtroom excellence. She recognizes that her clients need and deserve well-thought out strategic advice to guide them toward the best solutions for their business problems, but they also need an attorney who is responsive and makes them a priority, twenty-four/seven. These passions have caused Ms. Arbaugh to be repeatedly recognized by surveys designed to identify exceptional legal talent. Most recently, Natalie was chosen as a “Winning Woman” by Texas Lawyer (2014) and as one of the Best Lawyers in Dallas by D Magazine (2014). Before reaching the age of 40, Natalie was chosen six times to appear on the Texas “Rising Stars” list by Texas Monthly Magazine, recognizing top and up-and-coming attorneys in Texas (2005, 2007, 2008, 2009, 2010, and 2011).
Following law school, Ms. Arbaugh served as a law clerk to the Honorable Deborah Hankinson of the Texas Supreme Court. As an associate at Fish & Richardson, Ms. Arbaugh served as a “Lawyer on Loan” to the Dallas County District Attorney’s office where she prosecuted a variety of misdemeanor cases.
Ms. Arbaugh and her husband Jesse, a dentist, have been married for ten years. They have one daughter who is nine years old and enjoys running the household. In her free time, Ms. Arbaugh enjoys college football, yoga and taking part in Attorneys Serving the Community, an organization that brings together women lawyers to combine their resources and talents to support local nonprofit organizations whose programs benefit women, children, and families.
Intellectual property litigation
Trademark/Copyright/Counterfeiting Serve as lead counsel in trademark and copyright infringement matters for luxury fashion brand owners as part of their national anti-counterfeiting campaigns. Regularly manage litigations throughout the State of Texas and the nation, and consistently resolve cases on favorable terms, through settlement, motion for summary judgment or otherwise. Has led over 100 matters through resolution.
Trade Secret Misappropriation/Breach of Contract. On behalf of a global petrochemical company, brought suit and obtained temporary injunction against world’s third largest chemical company in state court, alleging trade-secret theft and breach of contract arising from defendant’s licensing of polyethylene technology to various manufacturers in other countries. Case settled on very favorable terms.
Trade Secret Misappropriation/Breach of Contract/Inevitable Disclosure. On behalf of leading bank consulting and software services company, brought suit against former senior principals and competitor alleging theft of trade secrets and breach of fiduciary duty after employee resigned under suspicious circumstances. Obtained temporary restraining order against former employee on theory of inevitable-disclosure. Subsequently developed proof, through computer forensic evidence, of employee’s transfer and use of thousand’s of client’s files, resulting in temporary injunction which, among other things, prohibited former employee from using and disclosing the client’s trade secrets and other confidential information, from soliciting client’s customers and employees, and from working in competition with client in revenue enhancement. Settled the lawsuit on favorable terms.
Trademark Infringement. Successfully defended yellow pages and marketing company against suit by national competitor alleging trademark infringement and unfair competition. Settled lawsuit on very favorable terms for nuisance value after presenting legal flaws to plaintiff.
Trade Secret Misappropriation. Represented global communications company in theft of trade secret case about digital cross-connects for telecommunications network. Favorable verdict after arbitration pursuant to settlement agreement.
Qui Tam litigation
Texas Medicaid Fraud/Conspiracy to Breach Fiduciary Duty. Represented whistleblower in co-prosecuting Medicaid fraud case with the State of Texas against one of world’s largest consumer health and pharmaceutical companies. Case settled for $158M, the largest Medicaid recovery in the history of the State of Texas.
False Claims Act. Defended publicly traded human services provider in federal court False Claims Act case in which State of Texas sought $4 billion in damages. Lawsuit settled for a fraction of the claimed damages.
Other commercial litigation
Breach of Commissions Contract. Obtained favorable jury verdict as second-chair trial counsel on behalf of leading provider of business services for manufacturers and retailers in the consumer goods industry. Former employee alleged breach of commissions agreement against client, which jury denied. Case settled on very favorable terms after trial.
Breach of Disaster Recovery Contract. On behalf of disaster recovery and business continuity company, brought suit in a federal-court action alleging breach of disaster recovery agreement. Case settled on favorable terms.
Fraud/Breach of Contract/Breach of Fiduciary Duty. Successfully defended Fortune 100 semiconductor and digital signal processing company in lawsuit by former employee and purchaser of client’s business in which purchaser claimed that client misrepresented facts and breached acquisition agreement in connection with sale of business. Settled the lawsuit for a fraction of the claimed damages.
Breach of Computer Automation Contract. Defended leading global semiconductor company in state-court suit against allegations of breach of computer automation services contract. Settled the lawsuit on very favorable terms.
Reverse Race Discrimination. Successfully defended college against claims alleging reverse race discrimination under Title VII and breach of contract arising from termination of professor. Obtained total summary judgment on behalf of client.
Harassment/Race Discrimination. Successfully defended global communications company against claims in federal court alleging harassment in the work place, race discrimination, defamation and breach of contract arising from termination of employee. Obtained total summary judgment on behalf of client.
Age Discrimination. Successfully defended leading provider of business services for manufacturers and retailers in the consumer goods industry against claims alleging age discrimination. Obtained nuisance-value settlement.
Gender Discrimination. Successfully defended county against claims alleging gender discrimination. Obtained summary judgment on behalf of client.
Pregnancy Discrimination. Successfully defended marketing company against claim of pregnancy discrimination arising from termination of employee. Obtained summary judgment on behalf of client.
FLSA. Defended global insurance company against claim alleging violation of and retaliation under Fair Labor Standards Act in connection with wages paid to employee, resulting in a favorable settlement.
FLSA Collective Action. Defend leading provider of business services for manufacturers and retailers in consumer goods industry in purported collective action claims of alleged unpaid overtime. Obtained complete denial of collective action on company’s behalf. Case pending.