BUSINESS LITIGATION

Our attorneys have a broad range of experience representing businesses in state and federal courts, and before government administrative agencies. We devote our full set of skills and knowledge to each client, whether they are an individual, a family business or a multi-national corporation.

Over the past 30 years, Kurt Sauer and Mark Pierce have represented hundreds of clients in business cases.

We meet with each new client to discuss the client’s goals, the business subject matter of the case, the facts and potential witnesses, the options available, and the estimated cost (both in money and the client’s time) required for each case.

We are fortunate to have represented clients in a wide range of business cases, and often already have a grasp of the business subject matter and related legal issues. Our goal is to help our clients work through a business case and reach a good result timely and at a fair cost.

We have set out below a sample of the types of business cases that our attorneys have handled. In these cases, we have worked with general counsel and corporate officers, with business owners, with licensed professionals, with bankruptcy trustees and with individuals who find themselves in a business case. Each client of Pierce Sauer receives our focused attention, with prompt access to our attorneys for questions and information.

Representative cases in which attorneys at Pierce Sauer have served as counsel:

  • Lead trial counsel for real estate development company against purchaser of development who failed to pay promissory note assumed.
  • Lead trial counsel for a buyer against a real estate developer for real estate fraud and deceptive trade practices in connection with the purchase of raw land for construction.
  • Lead trial counsel for development company and individuals in breach of contract case against Federal Deposit Insurance Corporation (FDIC).
  • Lead trial counsel for independent bankers association against credit unions and state agency in dispute over field of membership issues.
  • Lead counsel for FDIC to collect claims acquired from failed banks.
  • Trial counsel for bank to recover proceeds of checks from company that defrauded bank customer.
  • Lead counsel for bank directors against claims of fraud and mismanagement.
  • Lead counsel for bank against borrower claims relating to sale of credit life insurance.
  • Lead counsel for mortgage company against claims brought by warehouse lender.
  • Lead counsel for credit union to collect unpaid promissory notes.
  • Trial counsel in jury trial for Mexican company defending against claims by U.S. bank after bank foreclosed and sold crops in Mexico.
  • Lead counsel for borrower against bank for booking foreclosed assets at value different than amount bid at foreclosure sales.
  • Co-lead trial counsel for bank customer to recover customer funds stolen by bank executive.
  • Lead counsel in prosecution and defense of lenders, borrowers and guarantors in multiple collection, foreclosure, deficiency, lender liability and usury cases.
  • Prosecution of claims on behalf of bankruptcy trustee against accounting firm, actuarial firm and reinsurance companies relating to bankruptcy of company selling automobile warranties.
  • Prosecution of claims on behalf of bankruptcy trustee against law firm relating to bankrupt company’s sale of oil and gas interests.
  • Counsel for buyer of automobile dealership against accounting firm and seller for failure to disclose revisions to accounting methods.
  • Lead counsel for buyer of automobile dealership against sellers for fraudulent representation of financial condition, check kiting schemes and fraudulent title practices.
  • Prosecution of a claim for breach of contract and fraud arising from a business owner’s purchase of three Bombardier Challenger 600 jets.
  • Prosecution of an aviation insurance claim for the owner of a Learjet 35 whose airplane was vandalized while in a hangar.
  • Defense of the seller of a Boeing 727 executive jet who was sued for claims arising out of representations at the time of sale.
  • Prosecution of a claim for diminution of value against airframe and engine manufacturers for failure of an engine in a nearly-new business jet aircraft.
  • Trial counsel in jury trial for oil and gas company to clear title and recover value of oil produced by company that claimed ownership through adverse possession of mineral interests.
  • Prosecution of claims on behalf of bankruptcy trustee in connection with oil and gas production company.
  • Lead counsel in defense of attorneys, architects, health professionals and other licensed professionals in disciplinary proceedings before state administrative agencies.
  • Lead counsel in prosecution and defense of claims by lenders against builders for violation of trust agreements and misapplication of funds.
  • Lead counsel in jury trial defending computer installation company against claims of negligence after computer system was destroyed by fire.
  • Lead counsel in jury trial for building inspector against claims of negligent inspection.
  • Lead counsel for equipment leasing companies in sequestration and breach of contract actions relating to leases of equipment.
  • Lead counsel for automobile manufacturers in defense of warranty claims.
  • Lead trial counsel for automobile dealers in defense of consumer fraud/deceptive trade practices claims.
  • Lead trial counsel for consumers against automobile and recreational vehicle manufacturers and retailers in prosecution of consumer claims under the Texas Deceptive Trade Practices Act, the Magnuson-Moss Warranty Act, common law fraud, breach of warranties, and breach of contract.
  • Lead counsel for former employee in defense of claim of misappropriation of trade secrets.
  • Lead counsel for employers and employees in prosecution and defense of covenants not to compete.