Natalie Arbaugh is a trial lawyer and Principal in the Dallas office of Fish & Richardson. Ms. Arbaugh has a passion for top-notch client service, creative problem solving, and courtroom excellence. Natalie’s clients view her as a trusted legal advisor—a collaborative partner who helps guide them to a "win" in solving their problems, whatever form that win may take. She recognizes that her clients need and deserve well-thought out strategic advice to guide them toward the best solutions for their business problems. Her clients are her priority, twenty-four/seven.
Ms. Arbaugh represents plaintiffs and defendants in a variety of industries in state and federal courts throughout the country in complex and often high-profile business and intellectual property disputes. Her practice emphasizes general business and IP litigation, with an emphasis on trademark and anti-counterfeiting litigation, trade secret, non-compete and non-solicitation counseling and litigation. Additionally, Ms. Arbaugh handles qui tam/False Claims Act litigation, products liability, class action, copyright and other general business litigation, including breach-of-contract, fraud, and breach of fiduciary duty, as well as employment litigation.
Ms. Arbaugh has tried nearly 30 cases as lead counsel or second chair, including many high-profile matters. Before she reached the age of 40, Ms. Arbaugh was co-lead counsel and tried one of the largest and most complex fraud cases in Texas history. That effort took place over eight years, included the review of millions of pages of documents and over 150 depositions, and resulted in the largest Medicaid fraud settlement in Texas. The record-breaking case resulted in Fish being named a Litigation Department of the Year finalist and contributed to Ms. Arbaugh being named a 2014 "Winning Woman" by Texas Lawyer Magazine. Ms. Arbaugh also was a key 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. This trial earned Fish’s litigation department to be named among Texas’ best in 2014.
Ms. Arbaugh also has led over a hundred trademark infringement matters on behalf of leading luxury fashion designers, including as part of her clients’ national anti-counterfeiting campaigns. In a recent case, Ms. Arbaugh obtained sanctions against her opponent after methodically building a case to show that the defendants falsified and modified evidence, committed perjury, and committed fraud on the United States Patent and Trademark Office in conjunction with applying for a federal trademark registration—all in an effort to defend against her client’s claims of trademark infringement and to convince the court that the defendant had trademark rights superior to those of her client. Ms. Arbaugh resoundingly convinced the court otherwise, and obtained summary judgment and $38M in trebled damages on behalf of her client. In awarding Fish its attorneys’ fees, the trial court judge stated, “Counsel’s skill and expertise has been evident throughout this litigation, and their performance under taxing circumstances has been impressive.” The case was covered by Law360 (November 2014 and July 2015)
Ms. Arbaugh’s passion for top notch client service and courtroom excellence have led to many honors. Most recently, Natalie was selected for the Diversity Journal’s 2016 "Women Worth Watching" List, named one of the Best Lawyers in Dallas by D Magazine (2014-2016), and chosen as a "Winning Woman" by Texas Lawyer (2014). Prior to receiving those awards, Natalie was also frequently named a "Rising Star" 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.
Ms. Arbaugh and her husband Jesse, a dentist, have been married for twelve years. They have one daughter who is eleven years old and enjoys running the household. In her free time, Ms. Arbaugh enjoys college football, yoga, volunteering as a Court Appointed Special Advocate (CASA) 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.
Fish Trademark & Copyright Thoughts Blog
March 17, 2016
Thwart Counterfeiters to Save Brands | A Metropolitan Corporate Counsel Interview
Authors: Kristen McCallion, Natalie L. Arbaugh
March 8, 2016
Thwart Counterfeiters to Save Brands: Vigilance is the best defense against copycats online and on the ground
July 12, 2016
Fish & Richardson Announces Three Principals Named 2016 “Women Worth Watching” by Profiles in Diversity Journal
Fish Litigation Blog
May 11, 2016
President Signs Defend Trade Secrets Act: Five Must-Know Takeaways for Your Business
Authors: Natalie L. Arbaugh, Rex Mann
April 28, 2016
Fish & Richardson Attorneys in Dallas Earn Selection Among City’s Best
Fish Litigation Blog
February 1, 2016
Finally a Federal Cause of Action for Trade Secrets? Defend Trade Secrets Act of 2016 Passed by Senate Judiciary
Author: Natalie L. Arbaugh
April 23, 2015
Five Attorneys from Fish & Richardson Named Dallas’ Best by D Magazine
January 21, 2015
Trademark Tacking: An Issue of Fact a Jury (or a Judge) May Decide
Fish Litigation Blog
January 20, 2015
Think Twice Again: Are you Implementing Adequate Measures to Protect your Trade Secrets? Actions Speak Louder than Words
Author: Natalie L. Arbaugh
Fish Litigation Blog
January 5, 2015
Think Twice: Are you Adequately Protecting Your Trade Secrets? While Only Reasonable Measures are Required, Minimal Measures May Leave You With No Secret at All
Author: Natalie L. Arbaugh
October 9, 2014
Texas Vascular Associates Cleared of Fraud Allegations by Dallas Jury
September 25, 2014
Fish & Richardson Announces Participation in 2014 OnRamp Fellowship Program