Business and Commercial Litigation

We represent clients in a wide variety of complex business disputes, including breach of contract, business torts and intellectual property. (These claims include fraud, breach of fiduciary duty and improper, unauthorized use of confidential information, trademarks and trade secrets.)

The broad scope of our Firm’s litigation practice includes representation of both public and private companies, as well as individual shareholders, business owners and investors. Our clients include established manufacturers, high tech software and telecom firms, restaurant chains, financial service companies, oil and gas midstream companies, real estate concerns, and medical and other professional service companies.

We represent companies and entrepreneurs from start-ups to mid-caps to Fortune global 50 corporations.  Our corporate clients include: Adecco, the world’s largest staffing agency; CBRE, the world’s largest commercial real estate services and investment firm; AIG; Bloomin Brands (Outback Steakhouse, Carrabba’s, Fleming’s Steakhouse, Roy’s Hawaiian Restaurant, Bonefish); Champion Home Builders; CIGNA Insurance Companies; Travelers Insurance; UIS, the largest forensic investigations firm in the U.S.; and Match.com. We also represent numerous small to medium sized local businesses and non-profits including: CASE Commercial Real Estate, Cawley Partners, Criswell College, Panda Energy, Perot Museum of Nature and Science, DuraServ, Thackeray Partners, Sonny Bryan’s Smokehouse, Flavor Hook Restaurant Group (Neighborhood Services, Town Hearth, Montlake Cut, Perfect Union Pizza Co., Off-Site Kitchen), MMC Group, Free Range Concepts (the Rustic, Bowl & Barrel, the General Public and Mutts) and Hoffbrau Steaks. We help entrepreneurs protect their founders’ equity as well as assisting them with liquidity events and sales, mergers and acquisition of their business.

We also represent C-Level executives and entrepreneurs. A representative sample of our C-Level executive clients include: Scott Kirby, President of United Airlines; George Jones, Vice-Chairman of CrossFirst Bank; Fred Perpall, CEO of Beck; Buster Corley, co-founder of Dave & Buster’s; Marty Garvey, co-founder of Jake’s Hamburgers; Steve Shlemon, former CEO of Carrabas; and Joe Luongo, former CEO of Massage Envy.

Reported Cases: Business & Commercial Litigation

Metro Hospitality Partners, Ltd. v. Lexington Insurance Company, 84 F.Supp.3d 553 (S.D.Tex. 2015)

Ennis, Inc. v Dunbrooke Apparel Corp., 427 S.W. 3d 527 (Tex. App. — Dallas 2014)

Hest Technologies, Inc. v. PC Connection Sales Corp., 2014 WL 1327508 (Tex. App. — Fort Worth 2014)

In re Michelle Detmer CAMPO and Rosanna Cantu, Realtors, 2013 WL 3929251 (Tex. App. –Dallas 2013)

In re Regal Energy, LLC 2013 W.L 5305240 (Tex. App. — Corpus Christi 2013)

David O. Kemp, P.C. d/b/a Kemp Lydick v. Nationwide Agribusiness Insurance Co., et al., 2012 WL 13019688 (N.D.Tex. 2012)

David Repinski, et al., v. Cunningham Lindsey Group, Ltd., et al., 2012 WL 13018319 (N.D.Ga 2012)

Courtroom Sciences, Inc. v. Cindy Andrews, 2009 WL 1313274 (N.D.Tex. 2009)

Sherrie Gilbert, et. al v. Outback Steakhouse of Florida, 2008 WL 4538259 (5th Cir. 2008)

Alexander vs. Lincare, Inc., 2007 WL 4178592 (N.D. Tex. 2007)

Great Host International v. Massey-Fair Industrial, et. al, 2007 WL 667169 (S.D.Tex 2007)

Fair Grounds Corporation v. ADT Security Systems, et. al, 690 So.2d 250 (La.App. 4 Cir. 1997)

Testimonials

“Rogge, thanks for making my transition from American to United
a smooth, short and affordable flight.”


—Scott Kirby
President, United Airlines

“Rogge is well known for his expertise in helping C-level executives negotiate contracts and non-compete issues. He is a good counselor, trusted negotiator, and an excellent trial attorney.” 

“I had the opportunity to observe him in action in a mock trial and it’s comforting to know that if litigation is necessary, the same person who drafted an executive contract has the communication skills necessary to persuade a jury that the contract is both valid and fair.”


—Fred Perpall
CEO, Beck (Dallas)

“Rogge, You are one of those five special people in a life. Serious, talented but with a big heart.”

“You remained so accessible and always attentive during a period of upheaval in our lives.  We are forever grateful for your confidence, expertise, and personal touch–I owe you.”


—Brian Horan
Former Director SC Region Medtronic (Dallas)

“For many years Rogge has helped CBRE successfully resolve significant litigation and arbitration matters.”


—Ellis Reiter, Jr.
Former General Counsel, Litigation, CBRE (Los Angeles)

“I trust Rogge.  When I decided to retire and prepare a secession plan,  I sought Rogge’s advice. Rogge has extensive experience helping  C-level executives at major companies.
He has an excellent reputation among top executives.”

“Rogge helped me negotiate key exit provisions to protect my equity interests and at the same time ensure a smooth transition to safeguard the bank and its shareholders. I’ve also sought Rogge’s help on the front end to negotiate an executive contract with equity awards.”


—George Jones
Former CEO and Co-founder, Texas Capital Bancshares (Dallas)

“For 20+  years, I’ve turned to Rogge to handle significant legal matters. Rogge’s nationwide experience with real estate, partnership, REIT and investment matters helps our company avoid legal problems. Rogge understands the big picture and also addresses the details.”

“Rogge is our trusted counselor and litigator.”


—Tony Dona
Co-founder, Thackeray Partners, Former CEO, Trammell Crow Holdings (Dallas)

“When a high-level executive was accused of harassment and discrimination, we trusted Rogge to investigate. His thorough and fair investigation enabled our company to make the right decision.”


-Wally Rosvall
General Counsel, Western Division, CB Richard Ellis (Los Angeles)

“In our fast-moving industry we need a business-savvy attorney who can take action on a moment’s notice. Rogge is usually in the office by 5:30 a.m. and is available 24/7. We work on projects throughout the country and need outside counsel with a broad range of employment, business, and litigation experience. When we require help on significant legal matters, we turn to Rogge.”


-Ran Holman
Former President, GVA Cawley (Dallas)

“I got to know Rogge early in his career when I was opposing counsel in an Austin lawsuit.  Rogge impressed me then as someone who creative, hardworking and dedicated to his clients.   Years later we were on opposite sides of a significant case involving invasion of privacy where Rogge obtained a good result for his clients.  If my firm needed a lawyer to defend it, I would hire Rogge.”


-Jim Ewbank
Partner, Cokinis, Bowien & Young (Austin)

I’ve watched trial lawyers handle high profile cases from the Agent Orange litigation to the Exxon Valdez oil spill trial. Rogge’s the best. Jurors love him.


-George Speckart
Ph.D., Jury Consultant, Courtroom Sciences, Inc. (Langley)

Expertise backed by experience in the following areas:

  • Non-Competes

    Non-Competes

    Companies work hard to develop, refine and protect their trade secrets.  In this era of corporate espionage, disgruntled employees, and hacking, smart companies pro-actively implement a quality trade secrecy program.  Indeed, if a company does not take reasonable efforts to protect its trade secrets, by law, it can lose them.

    We partner with companies to educate them with easy to use policies and procedures to ensure that their trade secrets are protected and their trade secrecy program will be well-received by a court when their trade secrets are at issue.  We review an employer’s policies and procedures and provide check lists, IT safeguards and other time-tested methods to protect their trade secrets.

    When necessary, we are ready to pounce on any former employee or competitor with a TRO to stop the theft, misappropriation use and/or distribution of our client’s trade secrets and confidential proprietary business methods.  Back in the 1980’s Rogge Dunn began enforcing non-competes and protecting trade secrets by filing TROs across the country for Outback Steakhouse, and later for ACE Insurance, Unified Investigations & Sciences, and DuraServe.

  • Liquidity Events

    Liquidity Events

    A liquidity event is one of the most exciting and important events in an entrepreneur’s business life.  Every employee who is eligible for stock, RSUs, stock options, “phantom stock” and the like, should plan for a liquidity event.

    All too often, founders are abused by an acquiring entity, private equity/VC investors and even their own partners, members or shareholders.  The original agreements establishing an entity may be ambiguous, all of which can lead to an expensive legal battle.

    The Rogge Dunn Group has wide ranging experience helping entrepreneurs and founders on the front end to ensure they do not lose the equity they work so hard to create and build.

    We help entrepreneurs all along the way as they build their companies and prepare for a liquidity event.  And, when necessary, we aggressively enforce their rights and protect their interests.  We are able to guide most of our entrepreneur/founder clients through liquidity events without incident or rancor, and achieve a win/win result.

    David Gross was Vice-President of Human Resources and Associate General Counsel for U.S. Home Systems, Inc, which had 1,100 employees and operations in 45 locations in 27 states.  David was in-house counsel when Home Depot acquired U.S. Home Systems.  David continued to work for U.S. Home Systems/Home Depot after the acquisition.

    David’s experience gives him a business person’s perspective of mergers, acquisitions, and transition issues.

    A sample of some of the founders/owners we have helped with liquidity events and/or sale of equity interests include: Buster Corley, co-founder of Dave & Busters;  George Jones, co-founder and former Chairman and CEO of Texas Capital Bancshares; Angela Calvert, former owner and Member, ALM First Financial Advisors, LLC ; Matt McIntyre, founder and former CEO of Puritan Financial; Phil Douglas, former Chairman and CEO, New Life Corp. Management Services; Marty Garvey, co-founder of Jake’s Hamburgers; and Rafael Dobrynski, CEO, Enfinity America Corp.

  • Partnership Disputes

    Partnership Disputes

    Claims by shareholders and partners in complex, high stakes litigation often arises internally within privately held businesses. The Firm’s plaintiff clients include minority shareholders (both individuals and groups) and limited partners who assert claims based on minority shareholder oppression and breach of fiduciary duty against majority owners in control of corporate entities and partnerships.

    The Firm also represents and protects the rights of majority and controlling shareholders, corporate officers, directors, managers and general partners against claims by those holding minority interests and other issues inherent in a “business divorce.”

  • Change-In-Control

    Change-In-Control

    We have advised C-level executives in  mergers, change-in-control and “poison pill” battles involving  Baker Hughes, Chevron, Dresser, FedEx, Frozen Food Express, GE Energy, Halliburton, Kinkos,  Pizza Inn, Sperry-Sun Drilling, SunEdison, Unocal, the Williams Companies and other companies.

  • Real Estate

    Real Estate

    Our Firm has had the privilege of working with some of the most successful and professional real estate entrepreneurs and companies anywhere.  Our clients include CBRE,  Bill Cawley,  Tony Dona (formerly CEO of Trammel Crow Family Trust), Thackeray Partners, CASE Commercial  Real Estate and other real estate firms, entrepreneurs and REITs.

    We handle anything from contractual disputes, claims against appraisers, finder’s fees, disagreements over “promotes,” commission disputes, “trailing commissions” involving brokers who leave/get fired, partnership fights, TREC violations,  and all types of employment issues.

    Real estate concerns have also hired Dunn to investigate corporate governance and other sensitive matters. One of Dunn’s investigations was cited by the United States Court of Appeals for the Fifth Circuit as a basis for our client (CBRE) obtaining a summary judgment where it was being sued for more than $3 million.  Sandstad v. CB Richard Ellis, 309 F.3rd 893 (5th Cir. 2002).

    Rogge Dunn Group hosted the D CEO Real Estate Annual Release party at the firm’s Downtown Dallas office in January 2019. See the article from D CEO Magazine here.

    Results for Real Estate Clients
    Real Estate Testimonials
  • Sarbanes-Oxley/Corporate Governance

    Sarbanes-Oxley/Corporate Governance

    Our attorneys have been handling whistleblower cases since the 1980’s,  including refusal to perform a legal act under the Sabine Pilot doctrine, Qui Tam, and  whistleblowing protected under various state and federal statutes.  We also assist clients who wish to report an employer or company to the IRS, the Department of Labor, the SEC or other regulatory bodies and receive  a “bounty” for reporting fraud.

    Companies have hired us to investigate corporate governance and other sensitive matters.  One of Dunn’s investigations was cited by the United States Court of Appeals for the Fifth Circuit as a basis for our client (CBRE) obtaining a summary judgment where it was being sued for more than $3 million.  Sandstad v. CB Richard Ellis, 309 F.3rd 893 (5thCir. 2002).

  • Medical Practice Disputes

    Medical Practice Disputes

    We represent doctors and practice groups in a variety of partnership and other business disputes.  We have helped with everything from doctors’ disputes over hospital privileges and profit sharing to interns and residents who received a bad performance appraisals.  We are familiar with the unique and intricate provisions of statutes governing non-compete and non-solicits applicable to medical professionals and have litigated this issue across the state.

    General Counsels and in-house counsels at some of the largest medical providers in the country who were previously adverse to us,  later hired us when they had their own personal legal issues with their healthcare employer. We have taken on some of the biggest healthcare conglomerates for our clients, and successfully achieved our clients’ goals.

  • Class Actions

    Class Actions

    Our attorneys have handled a number of class actions, mass actions and MDL lawsuits for Fortune 500 companies, individual employees and consumers. Those losses have involved everything from asbestos claims, sales tax, job classifications, overtime and other wage and hour issues.

    Results in Class Action Cases
  • Shareholder and Partnership Oppression

    Shareholder and Partnership Oppression

    Partners and majority shareholders own certain fiduciary or other duties to other partners, shareholders and members.  Those in control cannot use a corporate entity as their personal piggy bank or usurp business opportunities.

    When persons or entities with a controlling interest in an organization play favorites and fire certain officers or reduce their salaries, withhold distributions, inflate expenses or take other actions that are unfair or unjust, they may be liable for breach of fiduciary duty or shareholder/partnership oppression.

    Founders, entrepreneurs and equity owners hire us when their rights have been violated.  In addition, companies and majority shareholders hire us to defend them when they are sued for breach of fiduciary duty or oppression.  Our experience on both sides of this issue enables us to see all angles, which makes us particularly effective at resolving these disputes.  And, when necessary, taking them all the way to a jury trial or arbitration award.

    For more information on this issue see Rogge’s interview with Forbes Radio regarding Shareholder Oppression.

  • Business Disparagement

    Business Disparagement

    In this instant messaging world,  where tweets can go viral in a matter of seconds, companies are at risk for business disparagement from disgruntled employees, unhappy customers, or unscrupulous competitors.

    Working with top PR firms, we help companies and individuals protect their reputations, manage reputational risk, and assist with risk management efforts in the event of a PR or legal crisis.

    Companies and individuals have hired us to determine the identity of anonymous posters, so action can be taken to stop false and misleading posts.  We have also filed suit for companies and individuals against those responsible for defamation and/or business disparagement.  We are ready to act promptly so our clients, not their opposition, can control the narrative to best ensure that our clients’  reputations are protected.

    Our results include a $120,000 settlement for defamation for a radio personality in the financial industry (Client’s net $58,902); and getting a New York law firm to remove defamatory statements about a financial advisor.

  • Breach of Contract and Licensing Disputes

    Breach of Contract and Licensing Disputes

    The Firm handles  business litigation disputes including breach of contract, manufacturing and production agreements, executive employment agreements, confidentiality and non-disclosure agreements, corporate and partnership agreements, investment contracts and brokerage agreements, licensing contracts, insurance agreements, sales contracts, independent contractor issues, franchisor/franchisee matters and retail sales contracts.

  • Tortious Interference

    Tortious Interference

    Occasionally a competitor will start hiring away a company’s top talent.  These are called “corporate raiding” or “brain drain” cases.  Even when an employer does not have its employees sign non-compete agreements the law affords protection, if another company improperly competes or tortiously interferes with an employee’s relationship with their employer.   A company can even file a tortious interference lawsuit when a competitor interferes with an at-will employee.

    Our Firm has helped businesses file lawsuits for tortious interference and we have also been hired to defend companies who are being sued for tortious interference.  Our extensive background with employment, non-compete and injunctive relief issues comes in handy in tortious interference cases.

We Understand Executives and Business Owners

Successfully resolving business disputes is not merely knowing how to negotiate or win at trial.  It requires appreciating how businesses operate and executives think. Dunn is an Adjunct Professor in the SMU Executive EMBA program. Dunn’s 20+ years of teaching, including listening to and exchanging business solutions with successful entrepreneurs enables him to reach business-smart solutions.

Business & Commercial Litigation Results

Successful defense of oil and gas partnership sued over ownership of 30,000 acre mineral lease involving Barnett Shale in West Texas worth an estimated $1 billion

Successful defense of Fortune 500 real estate company sued for $43 million over sale of Arkansas office park (Arkansas)

Successful defense and settlement of overtime, travel time and job classification claims filed against an oil and gas company in San Antonio

Successful defense and settlement of overtime claim claims by pumpers against an oil and gas company in Midland

Ongoing representation regarding real estate issues and litigation for private equity real estate group with more than $1 billion in assets

Successful negotiation of commission interests for Fortune 500 commercial real estate brokerage firm involving $65 million Austin land sale

Obtained injunctive relief for restaurant clients enforcing non-competes on numerous occasions

Conducted discrimination and harassment training for Midwest restaurant group management team

Obtained defense verdict finding no breach of partnership agreement or fiduciary duty for Fortune 1000 restaurant concern

Confidential settlement for worker injured by another contractor’s forklift

Obtained dismissal of professional liability claims against forensic accounting firm and its partners

Successful defense of one of the world’s largest insurance adjusting companies with 600 offices worldwide regarding non-compete and injunctive relief concerning C-level executive (Georgia)

Obtained no cause dismissal of Sarbanes-Oxley complaint exonerating Fortune 150 company that executive had filed with Department of Labor

Successful defense of multi-million dollar breach of partnership agreement lawsuit against Fortune 1000 company (Oklahoma)

Defense verdict in favor of Fortune 1000 company sued for $6 million under partnership agreement

Successful defense of a top five executive in Fortune 10 company accused of breaking a non-compete and misappropriating trade secrets

Successful defense of majority shareholder sued for shareholder oppression and breach of fiduciary duty by minority shareholder

Successful defense of Outback Steakhouse and Cinemark restaurant chains sued in class action filed in Beaumont

Successful defense and dissolution of TROs obtained in Houston and Dallas against Fortune global 300 company for tortious interference with contract and employee raiding involving its hiring of numerous executives from competitor

Obtained take nothing dismissal in favor of lending broker sued for $8 million for fraud, negligence and breach of contract involving a real estate development project

Obtained take nothing dismissal in favor of Fortune 500 executive sued in a glass ceiling class action lawsuit

Managed large reduction in force, including the termination of the COO, CLO and a Board member of a loan services company that manages more than $120 billion of commercial real estate loans worldwide

Successful defense of law firm partner sued by former partner regarding dispute over a $13+ million fee

$1,135,00 settlement for minority partner for breach of fiduciary duty against $250 million private equity fund

$1.2 million for Managing Director of a British petroleum company who exercised “good reason” termination after a change-in-control (England)

$1.2 million settlement at trial for City of Beaumont suing for breach of contract and warranty involving industrial pumps (Client’s net $850,000)

$1,299,000 settlement for change-in-control and sex discrimination claims for female SVP at Fortune 400 oil & gas company (Client’s net $1,232,000) (Oklahoma)

Successfully resolved partnership dispute for national forensic accounting firm in AAA arbitration (New York)

$1.7 million in cash and real property for minority shareholder in a shareholder oppression lawsuit. (Client’s net $1.3 million)

$2.395 million settlement for minority shareholder in shareholder oppression lawsuit

$2.5 million settlement for minority shareholder alleging shareholder oppression (Client’s net $1.8 million)

$2,642,000 settlement for change-in-control claims for Fortune 400 oil & gas C-Level executive (Oklahoma)

Obtained $3.1 million change in control payments to four California and Utah executives at alternative energy company (Clients’ net $2,477,000) (California and Utah)

$3.1 million settlement for President of an oil and gas company fired after a change-in-control

$3,663,516 settlement for change-in-control claims for Fortune 400 oil & gas C-Level executive (Oklahoma)

$4 million settlement for President of an oil and gas company fired after a change in control

$4.1 million severance package for President of an oil and gas company who exercised “good reason” termination after a change in control

$4.5 million settlement for C-level executive of Scottish oil and gas company fired after a change in control (Scotland)

Attorneys for plaintiffs in complex breach of fiduciary duty and partnership dispute; obtained affirmance of trial court judgment; Mullen v. Jones, 445 B.R. 677 (N.D. Tex. Bankr. 2011)

Successful representation of Buster Corley, co-founder of Dave & Busters when he sold his interests in the company View Testimonial

$6 million settlement for Australian citizen who was COO of oil and gas company fired after a change in control (Australia)

Ongoing representation of CEO fired because of his sexual orientation (Hawaii) View Article

Successful prosecution and settlement of class action lawsuit for 10 Park Rangers seeking upgraded status to become Dallas Police Officers View Article

Successful negotiation of severance package for a departing partner including $165,000 cash payment and a 1% trailing interest in an estimated $800 million worth of real estate development deals

First chair in 4-day jury trial in real estate litigation dispute in Dallas County, Texas involving a request for specific performance of a real estate contract against a purported seller of multimillion-dollar commercial real estate property. Obtained a denial of specific performance.

First chair in oil & gas absentee mineral interest owner receivership proceeding in Johnson County, Texas; obtained appointment of receiver and negotiation of lease to allow production by oil & gas company to continue unimpeded

Disclaimer: Results obtained depend on the facts of each case. Past achievements are no guarantee of future results.

 

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MEDIA

Rogge Dunn Interviewed on CBS This Morning Regarding Title IX Issues
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