HOSPITALITY & LITIGATION


  • October 2017:  Pre-trial settlement of complex civil dispute regarding the closing of the sale of a hotel.  Allegations against the escrow agent and title insurance company included claims of negligence, breach of fiduciary duty, breach of contract, fraud, fraudulent inducement, fraudulent misrepresentation, fraud by nondisclosure and negligent misrepresentation.
  • October 2015:  Obtained $2.3 Million Bench Trial Verdict in complex civil dispute regarding an investment in a hotel. Prevailing claims included breach of contract of the shareholder agreement; breach of fiduciary duties; fraud and fraudulent misrepresentation against shareholders; fraud by nondisclosure to shareholders; negligence and gross negligence in mismanaging the entity owning the hotel; vicarious liability by piercing the corporate veil of purchasing entity; an award of attorneys' fees and costs; pre-judgment and post-judgment interest; and attorneys' fees for unsuccessful appeal to court of appeals and ultimately Texas Supreme Court. The Final Judgment awarded damages against Defendants in their individual capacity, and jointly and severally.
  • 2015:  Represented Bed & Breakfast in obtaining historical tax exemption and in ARB appraisal district hearing.
  • 2015: Successfully represented hotelier in obtaining dismissal of lawsuit filed by municipality alleging hotelier maintained a common nuisance and prohibited permanent injunction from closing property for one year. 
  • Challenged constitutionality of municipal hotel ordinance, actions of hotel inspectors, city manager and law enforcement.  Caused new hotel ordinance to be enacted.
  • Prevented condemnation of hotel by municipality.
  • Advised owner of 800 unit hotel on terminating hotel management agreement.
  • Closed $60 million acquisition of four mid-tiered hotels in Texas. The hotels were converted  to "select-service" hotels and franchised with international hotel company. 
  • Special Litigation Counsel, $22M CMBS litigation against REIT and Master/Special Servicers.
  • Price-Gouging Defense filed by Texas Attorney General, State of Texas, with assistance from Texas Hotel & Lodging Association.
  • Jury Trial Verdict in complex partnership dispute relating to business divorce of large retail centers, including claims of breach of contract, mismanagement and breach of fiduciary duties.
  • Jury Trial Verdict in Ad Valorem Tax Litigation dispute against Dallas Central Appraisal District.
  • $27M complex arbitration proceeding relating to division of 6 hotels involving breach of fiduciary duties, fraud, breach of contract, disgorgement, accounting and mismanagement.
  • Defended hotel owner in lender liability litigation involving Wall Street Hedge Fund and FDIC regarding unlawful acceleration of debt, alleged breach of debt service coverage ratio, loan work-out and pre-bankruptcy strategy.