Business Litigation

In the Business Litigation group, we are guided by two fundamental concepts.

First, we are aggressive and well-prepared advocates. We are more than discovery and motion litigators. We are trial lawyers who focus on what matters most to our clients — producing the best outcome in the most efficient manner. This focus drives our second fundamental concept. While being great trial lawyers is important, we understand litigation is rarely an effective business strategy and our clients want sensible business solutions.  With accurate case evaluation, efficient staffing, targeted discovery, motion practice and appropriate technological support, we conduct our litigation matters in ways that make business sense for our clients. We understand that outstanding service is absolutely critical. Our goal in every case is to provide the highest quality of service at a fee structure that serves our clients’ needs, while keeping our clients’ objectives paramount.

Bankruptcy Litigation

A critical component of every successful representation in a bankruptcy case or related adversary proceeding is the development of a principled strategic plan of attack coupled with effective advocacy of a client’s legal position in court. At MLG, we understand this premise and we are as experienced in the courtroom as they are in the boardroom, having handled a wide variety of litigation ranging from two party contract disputes to high stakes, multiparty fraud and breach of fiduciary duty actions.  Among the types of cases we have handled are:

  • Fraudulent conveyance actions
  • Preferential transfer actions
  • Turnover actions
  • Lien avoidance
  • Claims objection proceedings
  • Fraud and misrepresentation claims
  • Breach of fiduciary duty claims
  • Alter ego and single business enterprise claims
  • Contract interpretation and enforcement claims

Our track record of success for our clients in the bankruptcy arena is the product of persistence and tenacity in pre-trial preparation coupled with an ability to synthesize and simplify complex commercial transactions at trial. As a result of our prior representation of a variety of different types of parties including debtors, committees, trustees, lenders, vendors, insurers, and corporate officers and directors, we bring our clients broad based experience and a pragmatic approach that is required to creatively and efficiently achieve our clients’ litigation objectives.

Complex Business Litigation

MLG trial attorneys prosecute and defend complex business lawsuits and arbitration proceedings throughout the United States. We recognize business disputes involve unique issues and risks that often implicate multiple parties, involving conflicting interests and necessitate parallel proceedings in various forums. Navigating through or around the difficulties in these disputes requires experienced trial attorneys with a clear sense of legal and business strategies. We bring to the courtroom and the boardroom the abilities to identify and capitalize on strategic opportunities, assess risk, creatively resolve sophisticated issues and aggressively try complicated disputes. Our goal in every complex dispute is to maximize positive results consistent with our clients’ business objectives.

We have extensive experience in a broad range of complex business related disputes including:

  • Contract breaches and business torts
  • Corporate, partnership and venture control litigation
  • Director and officer liability litigation
  • Securities fraud litigation
  • Shareholder disputes, derivative proceedings and fiduciary duty litigation
  • Trustee and receivership proceedings

Construction & Real Estate Litigation

MLG provides developers, contractors, design professionals, subcontractors and suppliers fast, cost-effective and sound legal advice to resolve construction disputes including contract litigation, contract termination, insolvency, defect litigation, dispute resolution, lien perfection, lien litigation and most types of construction litigation. We resolve and try commercial and residential construction disputes.

The firm also handles a wide range of real estate related disputes for developers, owners, buyers and sellers; tenants; brokers; operating and management companies; contractors and lenders. We also have experience with landlord/tenant disputes; construction defect and other construction litigation matters; commission disputes; enforcement of purchase and sale agreements; enforcement of development and operating agreements; litigation of claims under the Americans with Disabilities Act (ADA), Fair Housing Act (FHA) and their state law analogs; zoning disputes; enforcement of restrictive covenants; disputes involving home owners and condominium associations; and litigation between borrowers and lenders.

Covenants Not To Compete

MLG specializes in drafting and enforcing covenants not to compete. Disputes related to the enforcement of covenants not to compete frequently involve requests for temporary restraining orders and injunctions and tend to be fact specific. We have vast experience reaching cost-effective solutions for our clients, both in and out of court, in these covenant not to compete disputes.

Director & Officer Litigation

In the wake of recent corporate scandal, director and officer liability litigation has increased dramatically. MLG has developed a focus in this niche. The firm’s Bankruptcy and Business Litigation groups have represented numerous trustees and creditors’ committees in actions on behalf of defunct companies against their directors and officers for breaches of fiduciary duties, self-dealing and fraudulent transfers. These cases often involve multiple litigation filed by several different types of claimants. The key to success on these cases is knowing how to frame the claims and understanding how director and officer policies function. MLG has had great success in recovering on behalf of these defunct corporations for the benefit of their creditors and investors on these claims.

Prosecution of these claims is not where our capabilities end. Frequently our Director & Officer Litigation group is called on to represent directors and officers, managing directors, general partners and other fiduciaries in either defense of claims or to give preventative advice. MLG’s corporate and litigation attorneys often advise directors and officers of their fiduciary duties to the companies they serve. The firm also represents directors and officers in both civil and criminal matters when the director or officer is investigated or has been sued by the company or third parties. Due to the amount of exposure of director and officer claims, MLG provides counsel to corporate clients with regard to the interpretation and negotiation of director and officer liability insurance policies.

Financial Institution Litigation

MLG represents financial institutions of all sizes in various forms of disputes. The firm has a broad spectrum of experience ranging from garnishments to usury to mortgage backed securities.

Insurance Coverage

Texas law regarding commercial insurance coverage is complex and constantly evolving. MLG regularly represents clients in disputes with their insurance carriers over coverage involving everything from business interruption caused by natural disasters to demands for reimbursement of defense and indemnity costs stemming from covered litigation.

Labor & Employment

MLG serves clients large and small, in all aspects of the employer-employee relationship.  From the training room to the courtroom. We Mean Business.

We help organizations solve a wide array of workplace-related problems. Our primary function and goal is to eliminate problems before they arise in an effort to avoid expensive and time consuming litigation. When litigation is unavoidable, we have decades of experience representing employers in state and federal court litigation, arbitration proceedings and administrative tribunals in Texas and throughout the country.

Product Liability

MLG attorneys litigate product liability cases throughout the United States. We defend clients against attacks that go to the heart of their business – the products they design, manufactures, market and sell. Our cases have been complex, multi-party and multi-jurisdictional and are often brought as class actions, pattern litigation and consolidated proceedings. In many instances, they are also brought as parallel proceedings alongside threatened State AG or federal investigations and litigation.

Strategic Thinking

We develop comprehensive, multi-faceted strategies that achieve our clients’ objectives both inside and outside the courtroom. Our strategies are based on: (1) vast experience litigating product cases in state and federal courts around the country, particularly in recognized “pro-plaintiff” jurisdictions; (2) deep understanding of the legal and regulatory rules that govern our clients’ businesses; (3) the ability to quickly and thoroughly obtain and assess facts in individual cases; (4) our background in, and facility with, science and technology; and (5) expertise in public policy advocacy and crisis management for dealing with legislatures, State AGs, state and federal agencies and all modes of media, from traditional broadcast and print journalism to advocacy group bloggers.

Shaping the Litigation

We implement creative and aggressive strategies that result in early, cost-effective victories for our clients. We control the course of litigation by convincing courts to isolate threshold issues for early disposition. We have persuaded courts to enter case management and Lone Pine-type orders that lead to the early (and successful) resolution of preliminary legal and evidentiary issues (e.g., federal preemption, product identification, and admissibility and sufficiency of expert witness evidence through Daubert and Frye hearings). Our approach not only reduces the costs and burdens of discovery, but often leads to early dismissals of individual cases and groups of related cases.

Avoiding Discovery Pitfalls and Aggressively Pursuing Discovery

We partner with company counsel to organize and structure cost effective approaches to document preservation, collection, review and production. We work with Electronic Discovery to avoid pitfalls that give rise to costly and distracting collateral disputes. We take a thoughtful, but aggressive approach to the discovery of our adversaries and third parties, the fruits of which have led to summary judgment and trial victories.

Winning in the Courtroom

We are trial lawyers and we are proud of our ability to persuasively communicate complex scientific and technical issues to judges and juries and have won jury trials in cases involving complicated science brought by sympathetic plaintiffs, typically with catastrophic injuries.

Strategic Counseling

Clients turn to us for advice in evaluating, managing and minimizing the risks of litigation, even before litigation arises.  We provide counseling to clients at various stages of product development and marketing on issues such as clinical trials, reporting obligations and product recalls.

Trade Secrets

MLG has extensive experience representing corporate clients in disputes involving the misappropriation of trade secrets and confidential information. Often the best solution for corporate clients in trade secret cases is a negotiated business solution; in these situations, our attorneys look for cost-effective business resolutions. However, when a resolution cannot be reached through negotiation, our attorneys will mount an aggressive and effective course of action inside the courtroom.