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
CMS/Department of Health and Human Services
See, Nawaz v. Price, 2017 U.S.Dist.LEXIS 99862 (E.D.Texas 2017), appeal pending (suit challenging penalties imposed by CMS for alleged violations of medical billing practices)
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)
Insurance regulatory matters before state departments of insurance and CMS.
Texas Workforce Commission proceedings
Antitrust - unfair competition
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
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.
The firm obtained the leading modern landmark decision in in Coker v. Coker, 650 S.W.2d 391 (Tex. 1983), and recent decision following Coker, United Protective Services, Inc., v. West Village Limited Parntership and Preston Royal Realty Company, 2005 Tex.App.LEXIS 10548 (Tex.App.-Dallas 2005, no pet.).
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 before American Arbitration Association (AAA) panels, and JAMS, under Federal and Texas Arbitration Acts, and before FINRA and the Missouri State Securities Board. These disputes have involved contract, construction, and fraud claims, including both business disputes and financial regulatory matters. The firm also has litigated legal challenges to arbitration decisions. See, Humitech Development Corp. v. Perlman, 424 S.W.3d 782 (Tex.App.-Dallas 2014, no pet.).
Banking
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.
Bonds
Litigation involving construction, performance, surety, and fiduciary bonds
Civil Rights
The firm has represented various plaintiffs asserting claims for wrongful death through failure to provide needed medical care for jail inmates. See news stories which may be accessed at: https://www.wfaa.com/article/news/local/investigates/jailed-to-death-false-paperwork-deaths-widespread-in-n-texas-for-profits-jails/287-610400876
Qualified immunity issues
In pursuing claims under 42 U.S.C. §1983, claims against individual defendants are subject to dismissal under this doctrine. See, Gonzales v Dallas County, 249 F.3d 406 (5th Cir.2001).
Class Action litigation
The firm has participated as plaintitf’s counsel in class action cases seeking to vindicate the rights of consumers and the disabled. The firm is presently involved as counsel in class action litigation against American Airlines for discrimination against women. See, Hooks v. Landmark Indus., 797 F.3d 309 (5th Cir.2015). Also see, Vought v. Bank of America, 2012 Bankr.LEXIS 143595 (C.D.Ill.2012).
Collection of 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
The firm has represented land owners seeking to obtain the highest possible value for land being taken under eminent domain
Construction law
The firm has had extensive involvement in legal representation in construction matters, involving all aspects of the construction industry, including non-litigation matters such as drafting and negotiation of contracts, and litigation including claims of non-performance, breaches of warranty, allegations of improper construction, or payment disputes.
Contracts-
The firm has extensive experience over decades in drafting, negotiation, and litigation concerning contract issues. Mr. Lippe was the successful attorney in the 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 Parntership and Preston Royal Realty Company, 2005 Tex.App.LEXIS 10548 (Tex.App.-Dallas 2005, no pet.).
Corporate, general litigation matters
The firm has had extensive involvement in corporate matters, including:
Formation of corporations, limited liability companies, and other entities
general corporate matters such as incorporation, maintenance of corporate minute books, and general corporate counseling, for standard corporations, professional corporations, and limited liability companies
Litigation involving trade secrets, non-competes, and breaches of fiduciary duty
See, Courier Solutions, Inc. v. CSA Delivery, Inc., 486 Fed.Appx.392 (5th Cir.2012).
Shareholder derivative suits to assert rights of shareholders
The firm has litigated suits seeking to enforce rights of shareholders through a derivative action suit. See, Marcus Johnson v Jackson Walker, 247 S.W.3d 765 (Tex.App.-Dallas 2008, pet. den.)
Valuation disputes and buyouts–
Disputes involving buy-sell agreements for stock in closely-held corporations. For example, 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)
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.
Cryotheraphy
The firm is pioneering the development of contracts for the acquisition of the specialized devices, including proper design of the equipment, warranties, training and certification of operating personnel, maintenance, and repair. The firm is also involved in litigation matters involving the sale and operation of these devices. See, www.cryolegal.com.
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
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
- Employment contracts with buy-sell agreements for officers owning stock, or with non-compete and intellectual property provisions
- Non-competition agreements --both drafting of 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 Count
Environmental litigation
Disputes concerning toxic mold contamination, nondisclosure of environmental hazards, liability for cleanup expenses, and compliance issues
Federal Court Practice
Abstention
The firm has litigated various aspects of the doctrine of Federal abstention pending state court rulings: See, e.g., Armco, Inc. v. Moore Exploration, Inc., 603 F.Supp. 1 (S.D.Tex. 1984);
Contempt
See, Faulkner v. Kornman, 2010 Bankr.LEXIS 3129 (Bkr.N.D.Tex.2010),
Discovery
See, Allen-Pieroni v. Southwest Correctional, LLC, 2016 U.S.Dist.LEXIS 58481 (N.D.Tex.2016).
Removal
See, Appliance Alliance v. Sears Home Appliance Showrooms, 2015 U.S.Dist.LEXIS 170943 (N.D.Tex.2015).
Fraud
Claims involving real estate, personal property, securities, and claims of constructive fraud and breach of fiduciary duty. There are various state and federal statutes, as well as common law rulings of the courts, establishing various theories of fraud.
Guardianships,
The firm has been involved both in establishing guardianships for protection of persons in need, and litigating duties of guardians. See published decision in In the Guardianship of Eva Manning Bayne, 171 S.W.3d 232 (Tex.App.-Dallas 2005, pet. denied).
Insurance matters
Including both litigation and non- litigation matters.
Insurance litigation, including:
- Claims for insureds seeking coverage of their claims, Defense of insureds against third party claims as Tilley counsel
- coverage issues & advising insurers concerning duties of coverage and defense 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.
Jail inmate deaths/failure to provide adequate medical care:
The firm has handled major litigation claims against private corporations operating jails on behalf of county governments, obtaining settlements on behalf of survivors. See news stories which may be accessed at:
Jurisdictional challenges:
-
The firm has litigated issues involving personal jurisdiction over out of state defendants. Hagan v. Field, 2006 Tex.App.LEXIS 393 (Tex.App.-Dallas 2006, no pet.)
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.
Mandamus
The firm has litigated issues involving mandamus proceedings for discovery disputes. In re Empire Pipeline, 323 S.W.3d 308 (Tex. App.-Dallas 2010, no pet.).
Medicare & Private Fee for Service (PFFS) and dealings with CMS
The Firm has a CMS Compliance Counsel department dedicated to providing legal services in connection with the highly regulated Medicare-Medcaid area. See, Nawaz v. Price, 2017 U.S.Dist.LEXIS 99862 (E.D.Texas 2017), appeal pending (suit challenging penalties imposed by CMS for alleged violations of medical billing practices)
See the specialized website which may be found at www.cmscompliancecounsel.com
Mortgages and billing practices/wrongful foreclosure
The firm has provided 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. See, Brandon v. Wells Fargo Bank, N.A., 2011 U.S.Dist.LEXIS 146284, 2011 WL 6338832 (E.D.Tex.2011); 2011 U.S.Dist.LEXIS 145812, 2011 WL 6332877 (E.D.Tex.2011)
Partnership–
The firm has handled 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 both general partnerships and limited partnerships.
Personal injury, tort, and wrongful death claims–
Although the firm does not focus its practice on general personal injury claims, it has represented various plaintiffs asserting claims for wrongful death through failure to provide needed medical care for jail inmates. See news stories which may be accessed at: : https://www.wfaa.com/article/news/local/investigates/jailed-to-death-false-paperwork-deaths-widespread-in-n-texas-for-profits-jails/287-610400876
Probate and Wills
Wills and Trust Agreements; general estate planning
Probate of estates–
The firm has handled simple probate of estates in non-adversarial matters, and in contested matters
Litigation involving decedents' estates, including both presentation of challenges to wills and defense of wills. See, In re Estate of Matteson, 2013 Tex.App.LEXIS 8126, 2013 WL 3355385 (Tex.App.-Dallas 2013, no pet.).
Products Liability–
The firm has handled litigation and counseling concerning products liability matters
Professional liability issues–
The firm has provided representation on 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–
The firm has represented 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
Litigation of real estate matters, including title disputes, claims of fraud and breach of covenants and warranties and representations, disputes over valuation of land, and condemnation. The firm recently obtained a successful result before the Texas Supreme Court establishing guidelines for measuring damages for slander of title lawsuits, in Bonnie Allen-Pieroni v. Marc John Pieroni, 535 S.W.3d 887 (Tex.2017).
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.
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)
Slander of Title
The firm was successful in a recent Texas Supreme Court decision establishing key standards for measurement of slander of title damages. See, Allen-Pieroni v. Pieroni, 538 S,W.3d 631 (Tex.App.-Dallas 2016), reversed, Allen-Pieroni v. Pieroni, 535 S,W,3d 887 (Tex.2017).
Settlement Agreements
The firm has litigated numerous cases involving enforcement of settlement agreements. See, e.g., Cadle v. Castle, 2001 Tex.App.LEXIS 2656 (Tex.App.-Dallas 2001, no pet.; Gunter v. Empire Pipeline Corp., 310 S.W.3d 19 (Tex.App.-Dallas 2009, no pet.); In re Empire Pipeline, 323 S.W.3d 308 (Tex. App.-Dallas 2010, no pet.); Snider v. Snider, 2010 Tex.App.LEXIS 7728 (Tex.Ap.-Dallas 2010, no pet.).
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.
Turnover statute
The firm has litigated issues involving attempted use of the Texas Turnover Statute to enforce collection of judgments. See, Sun Sports & Entertainment, Inc. v. Humitech International Group, Inc., 2009 U.S.Dist.LEXIS 5004 (N.D.Tex.2009)
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
The firm has tried a case involving unlawful diversion of corporate opportunities and interference with trademark rights. Courier Solutions v CSA Delivery, 486 Fed.Appx. 392 (5th Cir.2012).
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
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).
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.
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.