Figari + Davenport’s practice focuses exclusively on commercial litigation. The firm has substantial experience and expertise in business litigation, insurance litigation, labor and employment, securities litigation and arbitration, and municipal litigation.
Our lawyers have prepared and tried cases in each of these areas and have appeared in a multitude of forums, including state and federal courts in Texas and throughout the United States, arbitration panels, governmental agencies and tribunals, and civil service commissions. We also counsel clients on a broad range of pre-litigation matters and always strive to use our legal skills to further each client’s particular business and strategic goals. For more specific information on our primary areas of practice please select from the list below.
Areas of Practice
Figari + Davenport represents both plaintiffs and defendants in business litigation in federal and state courts throughout Texas and the United States. Our business litigation practice covers the full range of controversies that grow out of all types of commercial pursuits. For example, the firm routinely handles complex breach of contract cases, partnership and franchise disputes, products liability and warranty suits, mass tort litigation, real estate cases, professional malpractice, and lender/borrower and banking litigation. We also handle a wide variety of business tort litigation, involving claims of fraud, conspiracy, conversion, breach of fiduciary duty, tortious interference, unfair competition and misappropriation of trade secret and similar causes of action. As described separately, we also have an extensive class action practice.
The breadth of our business litigation practice reflects our broad-based clientele, which includes aeronautic and automobile manufacturers, technology, satellite communication and internet companies, financial and investment concerns, banks, insurance and title companies, clothing manufacturers, beauty supply companies, and a variety of real estate management, development, and investment concerns, as well as municipalities
Figari + Davenport has established itself as an industry-wide leader in complex insurance litigation. Our lawyers have represented insurance companies and third-party administrators in state and federal courts in Texas and other states, including class action and multi-district litigation, as well as before arbitration panels and state insurance department tribunals. We have extensive knowledge and experience litigating life, health, disability, long term care, and annuity matters. Over the past 25 years, we have successfully handled cases involving, among other things: claim disputes; coverage issues; provider disputes; ERISA; STOLI disputes; rescissions; overpayment and subrogation claims; premium and commission disputes; stop loss, reinsurance and agent contracts; regulatory and compliance matters; network provider agreements; and prompt pay and clean claim statutes. We also have defended numerous insurance clients in class action cases involving policyholder, agent commission, premium calculation, claims handling, contract, ERISA, annuity, association, and regulatory disputes.
Our lawyers also have extensive experience representing and counseling title insurance companies, and their insureds, on a wide range of issues. These include both coverage disputes and title curative actions. The firm also defends title insurers in first party actions involving allegations of wrongful claim denials, bad faith, closing errors, mortgage fraud, regulatory matters, and agent disputes. In all areas of our insurance practice, the firm’s services also include pre-litigation counseling on a variety of issues, as well as providing seminars to our clients and industry groups on emerging topics.
Labor & Employment
The core of our labor and employment practice involves employment litigation and pre-litigation counseling for Fortune 500 companies, private companies, and municipalities. We handle the full range of claims and issues that grow out of the employer-employee relationship, including: breach of contract; sex, disability, race, and religious discrimination; wrongful termination; sexual harassment; retaliation claims; wage and hour disputes; whistleblower claims; business torts; covenants not to compete; theft or misappropriation of trade secrets; and unfair competition claims. We also have extensive experience in class and collective actions and class action avoidance and have successfully defeated class certification in a variety of labor and employment cases. We represent employment clients in litigation in state and federal court in Texas and throughout the Southwest, before governmental administrative agencies and tribunals, and in labor and other arbitrations.
Figari + Davenport also provides pre-litigation counseling on issues relating to employee hiring, training, discipline, compensation, promotion, and affirmative action. We routinely prepare, review, and interpret employment agreements, non-competition clauses, confidentiality/non-disclosure provisions, and arbitration agreements. We also represent high-level executives in matters relating to their employment relationships, such as negotiating and litigating severance agreements and relevant benefit packages. We have counseled clients in connection with claims involving the Americans with Disabilities Act Amendment Act (ADAAA), the Age Discrimination in Employment Act (ADEA), Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), Sarbanes-Oxley Act of 2002, the Texas Workers’ Compensation Act, the Texas Labor Code, and other related federal and state statutes.
Securities Litigation & Arbitration
Figari + Davenport has substantial experience in federal and state securities litigation. We have represented public and private companies, officers, directors, employees, underwriters, and accountants in securities fraud cases involving federal statutory law and regulations, as well as common law claims of fraud and negligence. We have handled litigation involving stocks, options, bonds, employee stock options and mutual funds. Drawing on our extensive class action experience, Figari + Davenport also defends clients in securities fraud class actions and shareholder derivative suits in the southwest and throughout the United States.
We appear on behalf of clients in securities arbitrations before the Financial Industry Regulatory Authority (FINRA) and its predecessor entities NASD and NYSE. We also have substantial experience representing clients in arbitrations before the American Arbitration Association. These representations have included customer complaints relating to unauthorized and excessive trading known as “churning,” unsuitability, failure to supervise, breach of contract, negligence, breach of fiduciary duty, and similar causes of action. Our work for clients in the securities industry also extends to drafting, reviewing, and interpreting arbitration clauses and employment contracts, interpreting provisions of the Sarbanes-Oxley Act, and handling insurance coverage questions pertaining to D&O and other insurance policies. In addition to securities disputes, we have handled hundreds of cases involving the claimed protection of trade secrets for securities firms and their employees as well as for various commercial entities unrelated to the securities industry. These disputes often involve non-competition and non-solicitation agreements.
Figari + Davenport represents municipalities and other local governments, including Dallas County and the cities of Carrollton, Mesquite, Plano, Richardson, and Rockwall, Texas. We have litigated a variety of matters for these clients, ranging from breach of contract cases to boundary disputes to civil rights litigation, including regarding claims of excessive force. Additionally, we bring the full range of our labor and employment expertise to bear on behalf of our municipal clients, representing them in an array of employment litigation cases and arbitrations, including those premised on wrongful discharge and discrimination claims. In all instances, we are attuned to the reality that handling a legal matter for such a client can attract heightened scrutiny and draw significant attention.
Our experience representing municipalities also extends to a variety of real estate and land use matters, including cases involving construction law and zoning, as well as litigation emanating from the acquisition, sale, development, or condemnation of real property. In addition to court appearances and arbitrations, our lawyers represent clients before various governmental bodies, such as civil service commissions.
Figari + Davenport attorneys have litigated numerous class action cases in state and federal courts in Texas and across the United States. Our lawyers have represented a wide array of clients in defense of these claims, including: underwriters, accounting firms, issuers, officers, and directors in securities cases; insurance companies, administrators, and associations in various types of insurance matters; employers in labor controversies; and retail companies in marketing, sales, and deceptive trade practices cases. Our experience includes acting as lead national counsel for a major automobile manufacturer, or its related entities, on multiple occasions, in multi-district litigation. We have also defended that client in class action suits it has faced in numerous state court forums, including New York, Massachusetts, Illinois, Florida, California, Pennsylvania, Louisiana, Oklahoma, New Jersey, and Texas.
This extensive experience equips us to handle the myriad procedural issues that arise in class actions, including removal, forum contests, the scope of discovery on class and merits issues, and expert disqualification. We have litigated all aspects of certification from the trial court through appeal, and before the United States Supreme Court. Our attorneys keep abreast of the rapidly changing law governing the class action landscape, such as the significant changes recently enacted in the Class Action Fairness Act of 2005. Given our knowledge and practical experience, Figari + Davenport has the ability to efficiently and competently handle class cases regardless of size, complexity, or venue.