The attorneys at MRT have experience in a variety of practice areas.   We also represent clients as both plaintiffs and defendants.  We believe our experience on both sides of the docket makes us better trial lawyers as we can anticipate and meet the tactics used by the other side to protect and advance our client's interests.

 

Our practice includes handling the following types of matters:

 

BANKRUPTCY

Advice, prosecution and negotiation of creditors’ claims and rights in Chapter 7, 11 and 13 bankruptcy cases; 341 meeting of creditors; cash collateral issues; proofs of claim; motions to lift the bankruptcy stay; property exemption issues; and adversary proceedings, including fraudulent transfer and preference litigation.

 

BUSINESS TORTS AND DECEPTIVE TRADE PRACTICES 

Litigation and advice regarding claims under the Deceptive Trade Practices Act (“DTPA”); fraud and misrepresentation; breach of fiduciary duty; breach of warranty; tortious interference with contract and prospective relations; defamation, slander and business disparagement; embezzlement/defalcation and conversion.

 

COLLECTIONS AND CREDITORS' RIGHTS 

Prosecution of secured and unsecured claims, including unpaid debts arising under loan agreements, promissory notes, sale agreements, services agreements and lease agreements; enforcement of liens, including deed of trust and mechanic’s, contractor’s and materialman’s liens; collateral recovery, including foreclosures; and post-judgment enforcement.

 

CONTRACT NEGOTIATION, FORMATION AND LITIGATION

Draft of agreements, negotiation, advice and litigation of breach of contract actions concerning various business and commercial contracts, including real estate agreements, lease agreements, asset purchase agreements, technology license agreements, security agreements, deeds of trust, terms and conditions of sale of goods and services, indemnification agreements, non-disclosure agreements, employment agreements and non-competition agreements.

CORPORATION FORMATION AND BUSINESS TRANSACTIONS

Assistance and advice with business formation of corporate entities under the Texas Business Organizations Code, including corporations, partnerships, limited liability companies, limited partnerships and joint ventures.  Preparation of corporate formation documents for new corporate entities, including articles of incorporation and bylaws.  Representation, advice and preparation of contracts in connection with business transactions, including asset purchase and stock purchase acquisitions

 

ERISA LITIGATION

Representation of plan administrators and underwriters in lawsuits for recovery of benefits under employee benefit plans and for equitable relief. Litigated areas include standard of review, summary plan description and policy interpretation, breach of fiduciary duty and constructive trust/equitable reimbursement claims.


INSURANCE COVERAGE AND CONDUCT

Representation of life, health, disability and title insurers in coverage issues, breach of contract, deceptive trade practices, bad faith, declaratory judgment actions, interpleader actions and Texas Insurance Code claims.

LABOR AND EMPLOYMENT 

Draft of agreements, negotiation, advice and litigation concerning employment agreements, employee handbooks and employer policies and procedures, separation agreements, non-competition and non-disclosure agreements; litigation of employer/employee disputes, including claims for unpaid compensation and overtime pay.

 

PRINCIPAL-AGENT AND VICARIOUS LIABILITY

Litigation and advice regarding actual and apparent authority, respondeat superior and non-delegable duty, alter ego and piercing the corporate veil.

 

REAL ESTATE 

Draft of agreements, negotiation, advice and litigation concerning purchase agreements, deeds, lease agreements, title to property, title insurance policy claims, encumbrances and encroachments, landlord/tenant rights, foreclosures, evictions, and lien issues.


UNIFORM COMMERCIAL CODE (UCC)

Negotiation, advice and litigation concerning rights and remedies of buyers and sellers of goods under Article 2 of the UCC, including seller’s action for cost of goods sold, reclamation, and express and implied warranties.