Brent D. Hockaday

Secured a trial victory on behalf of Dundon Capital Partners and two executives following a five-week bench trial for contract, fraud, and fiduciary duty claims with an amount in controversy exceeding US$200 million. Prevailed on all claims except for one that resulted in a nominal damages award against one of the executives for only US$1, earning finalist for “Litigator of the Week” in Law.com. Also secured a US$2.5 million judgment in defensive attorneys’ fees for prevailing; In re Legendary Field Exhibitions, LLC, No. 19-50900-cag, Randolph N. Osherow, Chapter 7 Trustee, et al. v. Dundon Capital Partners LLC, et al., Adversary No. 22:05078-CAG-7 (Bank. W.D. Tex.).

Successfully defended a startup and three of its partners against claims made by national public accounting firm for misappropriation of trade secrets, breach of fiduciary duty, and violation of restrictive covenants. The clients also asserted counterclaims for breach of fiduciary duty and breach of the partnership agreement. After a five-day hearing, the arbitrator entered an award in favor of the clients, including the recovery of damages on the breach of fiduciary counterclaim.

Assisted a Texas-based power infrastructure platform with employment matters.

Won a complete defense verdict in a federal court bench trial on behalf of a global digital security solutions firm against claims for damages and injunctive relief under the Texas Labor Code and Age Discrimination in Employment Act.

Secured the complete dismissal of a class action matter on behalf of an investor of the Alliance of American Football for claims of fraud, promissory estoppel, inducing breach of contract, and violations of the California Labor Code, which sought hundreds of millions of dollars in damages, In re Legendary Field Exhibitions, LLC, No. 19-50900-cag, Colton Schmidt, et. al. v. AAF Players, LLC, et. al., Adversary No. 19-05053-cag (Bank. W.D. Tex.).

Prevailed on a breach of contract claim and secured damages for unlawful removal of confidential and proprietary information on behalf of a large privately owned mortgage lender, while defeating claims by the former manager plaintiff for unpaid overtime and retaliation under the Fair Labor Standards Act, violation of the Family and Medical Leave Act, fraudulent misrepresentation, promissory estoppel, and tortious interference.

Secured a complete dismissal of Section 1981 and the Texas Labor Code claims on summary judgment on behalf of a global software and data analytics company, Davis v. RealPage, Inc., No. 3:18-CV-0986-D, 2020 WL 1325201 (N.D. Tex. Mar. 20, 2020).

Obtained a complete defense arbitration award on behalf of a skilled nursing facility for claims under Chapter 21 of the Texas Labor Code.

Successfully defended against a temporary injunction on behalf of an insurance company in the medical billing industry against claims of tortious interference, misappropriation of trade secrets, the Texas Theft Liability Act, and civil conspiracy.

Won a complete defense verdict in a federal court jury trial on behalf of a skilled nursing and rehabilitation center against Title VII claims from five plaintiffs.

Secured a partial summary judgment on behalf of a sublessor to an aircraft sublease agreement on breach of contract and breach of guaranty claims, and obtained a substantial six-figure jury verdict.

Obtained an arbitration award on behalf of a senior care living facility against claims of discrimination and retaliation under Title VII, Section 1981, and the Texas Labor Code.

Defeated six causes of action in arbitration on behalf of a large consumer retail and distribution center against Americans with Disabilities Act and Texas Labor Code claims.