ATTORNEYS AND COUNSELORS AT LAW

Practice Areas

The firm's practice is a general civil practice, with emphasis in business and commercial litigation, in both state and federal matters, at the trial level and at the appellate level, as well as non-litigation matters of a general business nature, including:

Administrative law Litigation and Appeals
Involving both state and federal agencies, including:

SEC (Securities and Exchange Commission) Enforcement actions
Banking regulation
See, published decision in DLG Financial Corporation v. Board of Governors of the Federal Reserve System, 29 F.3d 993 (5th Cir. 1994) (suit involving administrative proceedings alleging illegal acquisition of bank, and seizure of assets by Government without hearing)
Office of the Comptroller of the Currency (OCC)
Board of Governors of the Federal Reserve System
Insurance regulatory matters
Texas Workforce Commission proceedings

Antitrust

Distributorship matters--including issues concerning allocation of customers, products, and territories

Non-competition agreements, negotiation of such provisions, usually in the context of employment contracts and employment disputes, and in connection with sale of businesses, and also litigation on behalf of either employer or employee

Trade Secret, and other Intellectual Property protection


Restrictive covenants, such as limits on competition which are ancillary to the purchase or sale of a business;

Unfair competition, In state and federal court, including theft of employees and business disparagement

APPEALS IN STATE AND FEDERAL COURT--
The firm handles virtually every type of appellate-related matter, and has expertise in complex issues relating to jurisdiction and appellate procedure. See generally, listing of PUBLISHED COURT DECISIONS.

For examples of appellate procedural issues, see the following cases:

Keystone v. McKenzie, 658 S.W.2d 850 (Tex.App.-Dallas 1983, no writ) (case deciding procedure for deposit in lieu of supersedeas bond)

Group Purchases, Inc. v. Lance Investments, Inc., 685 S.W.2d 729 (Tex.App.-Dallas 1985, writ ref'd., n.r.e.) (suit to set aside sheriff's sale; issues involving summary judgment procedure, and effect of lis pendens)

Texas Extrusion Corp. v. Lockheed Corp., 844 F.2d 1142 (5th Cir. 1988), cert. denied, 488 U.S. 926 (complex bankruptcy/antitrust dispute)

Arbitration--arbitration of contractual and other matters, such as consumer matters, securities and stock broker-related claims, and insurance disputes.

Banking

See administrative law above.

General banking practice, including negotiation and drafting of security agreements, promissory notes, guaranties, deeds of trust, and the like

Litigation involving all aspects of banking, including promissory notes and instruments securing notes, such as pledges, guaranties, and mortgages, and alleged mishandling of bank accounts.

Lender liability issues, from both the bank's and the borrower's positions

See published decision in McKenna Investments v. Atlas Energy Corporation, 832 S.W.2d 651 (Tex.App.-Fort Worth 1992, no writ) (suit for wrongful foreclosure, usury, and alleged breaches of contract involving "wraparound" note and deed of trust for commercial office buildings)

Bankruptcy

Filing and defense of bankruptcy claims and other litigation, including: nondischargeability complaints; acting as special counsel for debtors to pursue claims against third parties

See published decision in Texas Extrusion Corp. v. Lockheed Corp., 844 F.2d 1142 (5th Cir. 1988), cert. denied, 488 U.S. 926 (complex bankruptcy/antitrust dispute)

Black mold claims

Presentation and litigation of claims for damages caused to property, resulting from toxic mold contamination. This often may involve insurance claims and claims against property managers or construction companies.

Class Action litigation--Litigation in state and federal court under the applicable class action procedural rules, in securities litigation, mortgage banking and other cases.

Collectionof unpaid accounts--both plaintiff and defendant representation

Computer-related legal issues

including:

discovery of files maintained on computers

special concerns relating to computer usage and software, including trade secrets and copyright protection issues

intellectual property rights, including protection of software and manuals

Condemnation issues, particularly including litigation over valuation of property sought to be taken by governmental authorities

Construction law, involving all aspects of the construction industry, including drafting and negotiation of contracts, and litigation including claims of non-performance, breaches of warranty, and allegations of improper construction

Contracts- drafting, negotiation, and litigation concerning contract issues. Mr. Lippe was the successful attorney in perhaps the leading landmark Texas Supreme Court case in modern times on contract construction. See published decision in Coker v. Coker, 650 S.W.2d 391 (Tex. 1983), and recent decision following Coker, United Protective Services, Inc. v. West Village Limited Partnership And Preston Royal Realty Company, 2005 Tex. App. LEXIS 10548 (Tex.App.-Dallas 2005, no pet.).

Corporate, general litigation matters, including

litigation involving key officers and employees, often involving buy-sell agreements for stock in closely-held corporations

See published decision in Vector Industries, Inc. v. Jack Dupre, 793 S.W.2d 97 (Tex.App.-Dallas 1990, no writ) (suit involving valuation of stock in closely-held corporation, and issues of wrongful termination)

Shareholder derivative suits, involving actions on behalf of shareholders--either on the plaintiffs' or defendant's side

Corporate, general non-litigation matters

The firm also offers legal representation in non-litigation matters, including:

general corporate matters such as incorporation, maintenance of corporate minute books, and general corporate counseling, for standard corporations, professional corporations, and limited liability companies

Texas Deceptive Trade Practices Act
Litigation involving the Texas DTPA involves virtually every type of good or service for consumers, which often can include businesses, as long as their assets do not exceed the amount stated in the Act. The DTPA prohibits a long list of activities, which can often provide a remedy more meaningful than claims for breach of contract, breach of warranty, or common-law fraud. The firm has been active in all private practice aspects of DTPA litigation since the passage of the Act in 1979. Mr. Lippe was the author of the original handbook published in 1980 by the Texas Young Lawyers Association for distribution to consumers giving a general introduction to the DTPA, which handbook has subsequently been revised and is still in use.

Distributorship agreements--both transactional, such as drafting and negotiation of provisions of distributorship agreements, and litigation of distributorship agreements, often involving issues of antitrust and trade restrictions, trade secrets, and unfair competition.

Employer/employee relations, including employment contracts with buy-sell agreements for officers owning stock, or with non-compete and intellectual property provisions

Non-competition agreements, both draftingof such provisions, and also enforcement issues representing either employer or employee

Wrongful termination, including claims for alleged termination for illegal reasons, including refusal to perform illegal acts, Whistle Blower claims, discrimination for filing workers' compensation claims, handicap discrimination, age, sex, race, and other wrongful actions. See decisions in Weber v. Roadway Express and Gonzales v. Dallas County.

Environmental litigation; including disputes concerning toxic mold contamination, nondisclosure of environmental hazards, liability for cleanup expenses, and compliance issues

Fraud claims involving real estate, personal property, securities, and claims of constructive fraud and breach of fiduciary duty.

Guardianships, estabilishing guardianships and litigating duties of guardians.

Insurance matters, including both litigation and non- litigation matters.

Insurance litigation, including:

defense of insureds as Tilley counsel

coverage issues

issues relating to duties of insurers to settle claims within policy limits under the Stowers doctrine

"Bad faith" litigation and claims under the Texas Deceptive Trade Practices Act and Art. 21.21 of the Texas Insurance Code

See published decision in McKnight v. Riddle & Brown, 877 S.W.2d 59 (Tex.App.-Tyler 1994, writ denied) (suit against law firm representing insurance company, claiming lawyers liable for actions of insurance company)

Non-litigation insurance matters, including state regulatory issues and compliance

and purchase and sale contracts relating to insurance companies

Intellectual Property, both litigation and transactional representation involving trade secrets, proprietary and confidential information and noncompetion convenants.

Interference with contractual relations--claims involving alleged tortious interference with existing or prospective valuable business relationships, such as pending contracts, employer-employee relationships, and the like.

Landlord-Tenant issues

Lease disputes, primarily involving commercial leases

See published decision in Taherzadeh v. Clements, 781 F.2d 1093 (5th Cir. 1986) (dispute involving restaurant lease)

Leases of personal property--including both drafting and negotiation of lease agreements, and use of such instruments as security instruments, and litigation over leases of personal property.

Limited Liability Companies--formation and operation of corporations that have similarities to partnerships for tax purposes yet preserve limited liability.

Malpractice and professional liability, primarily involving defense of legal malpractice claims.

See, published decision in

Texas Extrusion Corp. v. Palmer, Palmer & Coffee, 836 F.2d 217 (5th Cir. 1988) (bankruptcy case involving court approval of attorneys' fees and legal malpractice issues)

See also, Mr. Lippe's outline for presentation on Appellate Malpractice, presented at a continuing legal education seminar.

Mold- toxic mold, black mold- insurance claims, litigation of issues including nondisclosure of contamination in connection with sales of real property, personal injury claims for toxic mold exposure, negligence in construction, remediation and correction of contamination

Mortgages and billing practices/wrongful foreclosure-representation of borrowers who have been victimized by predatory billing practices in violation of State (Texas Consumer Credit Code) and Federal (Federal Fair Debt Collection Practices Act and Real Estate Settlement Practices Act "RESPA") law, including attempts to foreclose wrongfully on real property securing mortgage loans.

Partnership matters, including both transactional matters such as drafting and negotiation of partnership agreements, and litigation concerning partnership matters, including breach of fiduciary duty claims. This includes general partnerships and limited partnerships and limited liability partnerships.

Personal injury, tort, and wrongful death claims

Probate and Wills

Wills and Trust Agreements; general estate planning

Probate of estates, both in non-adversarial matters, and in contested matters

Litigation involving decedents' estates, including both presentation of challenges to wills and defense of wills

Products Liability- Litigation and counseling concerning products liability matters

Professional liability issues, primarily involving defense of legal malpractice claims.

See, published decision in Texas Extrusion Corp. v. Palmer, Palmer & Coffee, 836 F.2d 217 (5th Cir. 1988) (bankruptcy case involving court approval of attorneys' fees and legal malpractice issues)

See also, Mr. Lippe's outline for presentation on Appellate Malpractice, presented at a continuing legal education seminar.

See published decision in McKnight v. Riddle & Brown, 877 S.W.2d 59 (Tex.App.-Tyler 1994, writ denied) (suit against law firm representing insurance company, claiming lawyers liable for actions of insurance company)

Racketeering; Federal RICO statute-- representing both plaintiffs and defendants in litigation under the federal civil RICO statute

See published decision in Marriott Brothers v. Gage, 911 F.2d 1105 (5th Cir. 1990) (RICO case involving alleged theft of investment opportunity)

Real Estate matters--

Transactional, including drafting and negotiation of real estate sales contracts and lease agreements

Litigation of real estate matters, including lease agreements, title disputes, claims of fraud and breach of covenants and warranties and representations, disputes over valuation of land, and condemnation

Real Estate Mortgages and billing practices/wrongful foreclosure-representation of borrowers who have been victimized by predatory billing practices in violation of State (Texas Consumer Credit Code) and Federal (Federal Fair Debt Collection Practices Act and Real Estate Settlement Practices Act "RESPA") law, including attempts to foreclose wrongfully on real property securing mortgage loans.

SECURITIES

General litigation involving alleged fraud in connection with purchase or sale of securities, including both state and federal law issues, both through litigation in state or federal court, and through arbitration proceedings.

Securities and Exchange Commission proceedings

General non-litigation counseling involving securities matters

Secured transactions--both litigation and preparation of instruments to provide security interests in personal property pursuant to the Uniform Commercial Code (Texas Business & Commerce Code)

Software, computer--issues involving intellectual property and trade secrets, copyright infringement, and sales and warranties

Torts, including

Personal injury, property damage, and wrongful death--both plaintiff and defense.

Trade secrets--both counseling and preparation of contracts to protect trade secrets, and litigation either with or without contracts providing for protection of trade secrets

UCC/Uniform Commercial Code-both litigation and non- litigation matters involving issues under the Uniform Commercial Code, including

Sales of personal property, including implied warranties; see reported decision in F & P Builders v. Lowe's of Texas, Inc., 786 S.W.2d 502 (Tex.App.-Dallas 1990, no writ) (sale of supplies to construction site);

Secured transactions involving security interests in personal property;

Bills, notes, and commercial paper involving promissory notes and negotiable instruments.

Unfair competition including both state and common law issues involving general unfair competition, and both federal and state law issues which are often involved in such situations

Usury- issues involving alleged wrongful and excessive charging of interest, often involving other lender liability issues.

See published decision in McKenna Investments v. Atlas Energy Corporation, 832 S.W.2d 651 (Tex.App.-Fort Worth 1992, no writ) (suit for wrongful foreclosure, usury, and alleged breaches of contract involving "wraparound" note and deed of trust for commercial office buildings)

Valuation disputes involving both real estate and personal property, including stock in closely-held corporations

The above and foregoing list should not be construed as a representation that any attorney with the firm has been certified as a specialist by the Texas Board of Legal Specialization, other than the certifications for Mr. Lippe in Civil Trial Law and Civil Appellate Law. Instead, the above listing is for the purpose of illustrating the extent of experience which the firm has had in handling many varied types of legal issues throughout its existence. In matters where the firm lacks the requisite expertise on a specialized matter, referrals are made to other counsel.