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Our experience and prowess in IP litigation gives us an undeniable advantage in complex business disputes. This competitive edge is how we’ve built a reputation as a premier Texas commercial litigation boutique. 

Our commercial litigation practice group can handle virtually every type of dispute that could arise from operating a business. We represent companies, business leaders, and entrepreneurs in contract, business tort, fraud, any many other types of commercial cases. Our practice is national in scope and our litigators win cases regardless of the industry. 

Our tight-knit trial team is lean and experienced. We thrive on making complicated things simple, and craft compelling arguments in language judges and juries easily digest. We are never outworked and fiercely advocate for clients no matter the dispute and no matter the stakes. Trial is our passion, and our opponents take notice.

While we take pride in our trial team, we appreciate litigation, and ultimately trial, is not always the best answer. To that end, we work with our clients to avoid the courtroom when possible, using our trial capabilities as an ever-present threat that often results in more favorable settlements for our clients. 

Whether we go to trial, settle, or just make the problem go away, what matters most is getting the best result for our clients. We are dedicated to gaining a deep understanding of what our clients do and what they expect and need from us. We are not only our clients’ trial lawyers, but also their strategic business partners. 

As a boutique firm, clients benefit from our targeted focus, lean and experienced team, and highly personalized service. We concentrate solely on IP litigation, commercial litigation, and IP prosecution and counseling, making our lawyers well versed in these areas. We staff cases with tight-knit teams of highly experienced lawyers, reducing waste and inefficiencies. And all clients—big or small—receive an individualized experience from a team that is personally invested in their success. 

Contact us to learn more about our commercial litigation practice and to schedule a meeting with one of our commercial litigators.

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Commercial Litigation Services

We regularly represent plaintiffs and defendants in contract disputes in state and federal courts in Texas and nationwide. We represent a range of clients across diverse industries, from large financial institutions, fashion brands, and furniture chains, to entertainment companies, tech startups, nonprofits, and business leaders—among numerous other categories. We’ve obtained victories during the early stages of litigation and tried contract cases to winning verdict in state and federal courts.

We routinely litigate business torts like tortious interference, conversion, negligent misrepresentation, and more, as well as prosecute and defend against fraud and RICO-related claims. Our commercial litigators have tried these types of business disputes to favorable verdict in Texas state and federal courts, but always look for avenues for earlier resolution.

Fiduciary relationships exist across an increasingly broad spectrum, from trustees, financial advisors, and executors, to partners, agents, and corporate officers and directors, among others. Litigation stemming from fiduciary responsibility can be complex and nuanced. Our team is experienced in navigating disputes involving breaches of fiduciary duties, representing individuals and entities on both sides of fiduciary relationships.

Our litigators handle the full range of issues surrounding confidential and proprietary business information, including non-compete, trade secret, restrictive covenant, non-solicitation, and breach of non-disclosure agreement matters for clients of all sizes and industries. We have extensive experience obtaining and defending against temporary restraining orders (TROs), injunctions, and other emergency injunctive relief, which often is a critical part of this type of litigation.

When problems arise with a construction project, the Griffith Barbee team works quickly to solve them. We’ve litigated commercial and public construction disputes in numerous state and federal courts in Texas, as well as in courts across the country. Our construction litigators have a thorough knowledge of the legal and business relationships among the various parties in construction projects, like general contractors, subcontractors, vendors, lenders, and sureties, and draw on that knowledge to resolve complex construction disputes. We handle all types of construction cases, from contract and payment disputes, performance and payment bond claims, and defaults and terminations, to mechanic’s and materialmen’s liens, construction and design defects, and delay and liquidated damages claims, and many more.

In Delaware, New York, and other jurisdictions, we represent clients in disputes related to mergers and acquisitions and other types of corporate control transactions. No matter the underlying business deal, our business-savvy litigators move swiftly and effectively to protect our clients’ interests in court, while always considering and identifying creative commercial resolutions. 

We advise landlords, tenants, developers, and others in commercial real estate disputes, taking a strategic, business-minded approach to help clients achieve their business goals. We also have substantial experience litigating Residential Construction Liability Act (RCLA) and Deceptive Trade Practices Act (DTPA) claims. 

We represent whistleblowers in qui tam cases brought under the federal False Claims Act and state whistleblower laws and are currently working on one of the most significant whistleblower cases in the country. Our lawyers work closely with government lawyers in the investigation and prosecution of qui tam and other cases involving fraud on the government, particularly schemes connected to government programs like Medicare and Medicaid.

Our trial lawyers don’t just thrive in the courtroom. We handle commercial and construction disputes before arbitrators and arbitration panels across the country. We understand this form of alternative dispute resolution is often selected because it is perceived as a more efficient process than traditional litigation, and work with our clients to achieve a quicker, less expensive resolution to their disputes.

We pride ourselves in crafting succinct and compelling arguments in cases before federal courts of appeals and the appellate courts of Texas and other states. Our appellate experience spans all areas of our practice, from patent, copyright, and trademark law to commercial contracts, business torts, and construction. Success at the appellate level often depends on choices made at the trial level. Our lawyers understand the impact trial strategies and decisions can have on appeals, which is why we include an appellate attorney on our trial teams.

We handle a broad range of employment matters, including claims of discrimination, harassment, defamation, non-compete and non-solicitation violations, trade secret misappropriation, and wrongful discharge. We understand an employer’s competing goals of aggressively refuting accusations and restoring a sense of calm and consistency in the workplace, and carefully navigate those interests in each case.

Our team has experience across a broad array of media, defamation, and First Amendment matters, including defamation cases, anti-SLAPP motions, business disparagement disputes, invasion of privacy litigation, Freedom of Information Act Requests (FOIA), unfair competition cases, and quashing and responding to subpoenas. We represent media and non-media clients alike in media and defamation litigation, which often overlaps with other areas like contract, copyright, and trademark litigation.

Representative Experience

Our lawyers’ representative commercial litigation experience includes:

  • Obtaining favorable settlement for Hollywood actor in $60 million breach of contract suit by former business partner. 
  • Defending nationwide affinity program in multi-million-dollar lawsuit by a state government claiming First Amendment and other constitutional violations.
  • Securing successful settlement defending manufacturing and recycling companies from seven-figure environmental contamination claims brought by former neighboring distribution center.
  • Representing Texas bank in bank fraud lawsuit against borrower and guarantors on $30 million note.
  • Obtaining $1.5 million jury verdict for investor in federal fraud and breach of contract lawsuit against automotive startup and its founders.
  • Obtaining voluntary dismissal of multi-billion-dollar class action lawsuits against international provider of integrated financial solutions.
  • Defending accounting firm in class action lawsuit and state and federal investigations relating to high-profile fraud claims against media tycoon.
  • Obtaining jury verdict and $1 million judgment for Texas-based furniture chain in breach of sublease dispute with national sporting goods chain, which later settled for a confidential amount.
  • Securing favorable resolution for seller of air conditioning manufacturing company in $20 million federal non-compete and non-solicitation suit by purchaser.
  • Obtaining injunctive relief for family of fallen police officer in high-profile conversion of funds case against municipality, police union, and police charitable organization.
  • Achieving successful global resolution for wireless technology company in construction dispute with international airport and subcontractor.
  • Representing airline in breach of website terms of use lawsuit.
  • Obtaining judgment as a matter of law at conclusion of evidence in federal jury trial defeating multi-million-dollar non-compete claims filed by competitor against international entertainment company and band.
  • Securing successful settlements for electrical construction company in multiple payment disputes with subcontractors, general contractors, and owners across the country.
  • Obtaining favorable settlement for furniture manufacturer in fraud and breach of contract dispute with software developer.
  • Securing attorneys’ fees award and dismissal of multi-million-dollar construction lawsuit for electrical construction company.
  • Negotiating favorable settlement for Texas-based non-profit police support organization in federal suit against charitable arm of police union.
  • Favorably resolving dozens of contract disputes for international entertainment company.
  • Negotiating favorable settlement on the eve of trial in contract dispute between wireless pager technology company and Polish software developer.
  • Representing gambling addiction centers investor in federal suit against founder for fraud and mismanagement of funds.
  • Negotiating favorable settlement for partner in event rentals company in fraud and fiduciary dispute with partner.
  • Representing buyer, national toxicological lab services provider, in multi-million-dollar dispute against seller related to valuation after acquisition of seller’s labs.
  • Obtaining favorable settlement for purchaser of private plane in federal DTPA and breach of warranty dispute with engine overhauler.
  • Representing large online clothing retailer in ADA website compliance lawsuit, resulting in favorable settlement.
  • Representing non-profit foundation dedicated to fight against sexual violence in fraud and misuse of charitable funds case against restricted grant recipient.
  • Representing international entertainment company in competitor and departing employee lawsuits.
  • Representing global dietary and nutritional supplement company in contract dispute with manufacturer.
  • Defending former board member in four-day arbitration hearing against breach of contract and tortious interference claims brought by national direct sales company.
  • Obtaining TRO for national auto collision repair company in lawsuit against former executive for breach of non-solicitation agreement.
  • Representing airline employee in employment discrimination suit against national airline.
  • Obtaining favorable settlement for Texas mortgage lender in multi-state litigation brought by competitor alleging breaches of non-solicitation agreements.
  • Representing large municipality in multi-million-dollar franchise fee dispute with national cable television company.
  • Obtaining summary judgment for national furniture retailer in defense of suit by short-term rental operator for breach of contract and DTPA claims.

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Litigation Pricing

Aside from traditional hourly fee arrangements, we offer several types of alternative fee arrangements for select cases.

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