Archive

James H. Birch

Practice Description

Mr. Birch represents business clients in all aspects of labor and employment law and in commercial litigation. During 33 years of practice, he has assisted businesses in a variety of industries, including outsourcing, information technology, insurance, healthcare, hospitality, manufacturing, retail and wholesale, transportation, media, professional services, banking and construction.

In addition to counseling clients on compliance with state and federal labor and employment laws and corporate codes of conduct, Mr. Birch represents employers in court, administrative and arbitration proceedings in individual, class and collective actions. Mr. Birch represents clients in corporate compliance and internal investigation matters. Mr. Birch represents companies regarding the protection of trade secrets and confidential information, including covenants not to compete.   Mr. Birch also represents executives in connection employment contract and separation agreements.

Mr. Birch’s business litigation practice includes shareholder/partner disputes, breach of fiduciary duty, fraud, contract, professional liability and business torts.  He also regularly represents companies relating to corporate compliance programs and in regulatory matters.

Areas of Practice

  • Labor and Employment
  • Occupational Safety and Health
  • Corporate Compliance
  • Trade Secret and Proprietary Information
  • Professional Liability and Ethics

Achievements 

  • Best Lawyers ® 2015 edition, Lawyer of the Year — Labor Law – Union
  • Best Lawyers ® 2015 edition of The Best Lawyers in America – Commercial Litigation, Employment Law – Management, Labor Law – Union, Litigation – Labor and Employment
  • Best Lawyers ® 2014 edition of The Best Lawyers in America – Commercial Litigation, Litigation – Banking and Finance, Bankruptcy, and Mergers and Acquisitions
  • Best Lawyers® 2013 edition of The Best Lawyers in America – Commercial Litigation
  • Texas Super Lawyer, Employment Litigation – Law & Politics Magazine and Texas Monthly, 2008-2015
  • Best Lawyers, Labor and Employment Law – D Magazine, 2011-2015.

Professional/Civic Activities

  • State Bar of Texas
    • Labor and Employment Law Section
    • Litigation Section
  • American Bar Association
    • Labor and Employment Law Section
    • Litigation Section

Sample Speaking Engagements

  • “Update on Whistleblower and Retaliation Law,” Multinational General Counsel Boot Camp, Center for American and International Comparative Legal Studies, 2015
  • “Foreign Corrupt Practices Act and AML Compliance,” Varel International Management Conference 2014
  • “Who is My Client, Loss Prevention for Health Care Lawyers,” Health Law Conference sponsored by the Health Law Section of the State Bar of Texas and the Texas Hospital Association, 2007
  • “Ethical Issues and Malpractice Prevention for Healthcare Lawyers,” University of Houston Health Law Seminar, 2007
  • Panelist, “Labor and Employment Law Roundtable-Recent Developments”, sponsored by Texas Lawyer, 2007
  • “Traps for the Unwary, Ethical Pitfalls in Tax Practice” Tax Section of Dallas County Bar Association, 2007
  • “Legal and Ethical Issues in Electronic Discovery” International Council of Shopping Center Counsel Conference, Orlando, Florida, 2006
  • “How to Take and Defend the Executive’s Deposition,” Texas Bar CLE-Webcast, 2005
  • “Compliance Programs One Year After the Sentencing Guidelines Amendments,” Panelist, South Texas College of Law, Corporate Compliance Center, 2005
  • “Wage & Hour Update, New Developments Under an Old Standby,” Hughes & Luce Client Briefing, Dallas, 2003
  • “Recent Developments in Labor and Employment Law,” Dallas Baptist University, Masters of Human Resources class, 2003
  • “HR Practices to Keep You Out of Jail,” Law@work 2002, Dallas and Austin, Texas, 2002
  • “Pick Your Poison: Arbitrate or Litigate,” Law@work 2001: Strategies for Change, Dallas and Austin, Texas, 2001
  • “Ethical Dilemmas in Joint Defendant Cases: Who’s Your Buddy?” Law@work 2001: Strategies for Change, Dallas and Austin, Texas, 2001

Representative Cases

  • Watson v. Surf-Frac Wellhead Equipment Co., Case No. 4:11-cv-00843 (E.D. Ark. 2013) (Order Decertifying Collective Action and Order Denying Motion for Leave to Add Additional Plaintiffs)
  • McCloud v. McClinton Energy, Case No. 5:14-cv-620 XR (W.D. Tex 2014) (Order Granting Motion to Transfer FLSA Collective Action)
  • Palasota v. Haggar Clothing Co, 499 F.3d 474, (5th Cir. 2007). (ADEA appeal);
  • Bacon v. Electronic Data Systems, 219 Fed.Appx. 355, 2007 WL 625008 (C.A.5 2007) (FMLA Retaliation),
  • Raven Services Corp. v. National Labor Relations Board, 315 F.3d 499, No. 01-60976 (5th Cir. 2002) (Appeal of an NLRB bargaining order.)
  • Johnson v. SBC Advanced Solutions, Inc., Not Reported in F.Supp.2d, 2004 WL 1151650 (N.D.Tex.,2004)
  • Treadway v. Shanks, 110 S.W.3d 1 (Tex.App.-Dallas,2000.)
  • Lyon College v. Melissa Gray, 67 Ark. App. 323, 999 S.W. 2d, 213, 1999 Ark. App., Lexis 605 (Ark. App. 1999) (Breach of contract claim under a collegiate Honor Code.)
  • Four T’s, Inc. v. Little Rock Municipal Airport Commission, 108 F.3d 909 (1997) (Complex case involving claims under the Airport and Airways Improvement Act, Sherman Act and 42 U.S.C. § 1983.)
  • Pace Industries, Inc. d/b/a Precision Ind., Inc., 320 NLRB No. 15, 1996 NLRB Lexis 23 (1996) (Successorship and discrimination case under the National Labor Relations Act)
  • Simmons v. Lockhart, 915 F.2d 372 (8th Cir. 1990); Simmons v. Lockhart, 856 F.2d 1144 (8th Cir. 1988); and Simmons v. Lockhart, 709 F. Supp. 1457 (E.D. Ark. 1989) (Death penalty habeas corpus case)
  • Monroe v. Guardsmark, Inc., 856 F.2d 1065, 47 F.E.P. Cases 425 (8th Cir. 1988)
  • Monroe v. Guardsmark, Inc., 660 F. Supp. 1357, 44 F.E.P. Cases 1232 (W.D. Ark. 1987) (Employment discrimination case.)
  • Cobb v. Stringer, 850 F.2d 356, 47 F.E.P. Cases 130 (8th Cir. 1988) (Employment discrimination case)
  • Bracamontes v. Weyerhaeuser Co., 840 F.2d 271 (5th Cir. 1988) (Agricultural Worker Protection Act case)
  • Thomerson v. Lockhart, 835 F.2d 1257 (1987) (Habeas corpus appeal)
  • Mary Baggett v. Program Resources, Inc., 806 F.2d 178, 42 FEP Cases 648 (1986) (Employment discrimination case)
  • Donovan v. Rose Law Firm, 768 F.2d 964, 119 L.R.R.M. 3345 (8th Cir. 1985) (Constitutional challenge to the consultant reporting provisions of the LRMDA)
  • NLRB v. Monark Boat Co., 713 F.2d 355, 113 L.R.R.M. 3749 (8th Cir. 1983) (Challenge to the NLRB’s certification of election results)
  • Davis Forestry v. Smith, 707 F.2d 1325 (11th Cir. 1983) (AWPA appeal)
  • Monark Boat Co. v. NLRB, 708 F.2d 1322 (8th Cir. 1983) (Equal Access to Justice Act appeal)
  • Williams v. BLM Co., Inc., 731 F. Supp. 231, 52 F.E.P. Cases 459 (N.D. Miss. 1990) (Employment discrimination case)
  • Supreme Court Committee on Professional Conduct v. Muhammed, 291 Ark. 225, 723 S.W. 2d. 828 (1987) (Represented the committee in a contempt proceeding against an attorney)

Derek Bragg

November 9, 2013

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Practice Description

Mr. Bragg primarily practices family law focusing on issues surrounding divorces, property division, contested custody matters, adoption and termination suits,  enforcement and modification of child and property related issues.

Mr. Bragg also represents clients in complex commercial litigation, contract disputes and business torts, as well as represents bankruptcy creditors involved in Chapter 7, 11 and 13.

Representative Experience

Mr. Bragg has represented numerous clients in family law matters in Dallas County, Collin County, Denton County, Tarrant County, Ellis County and Rockwall County. His litigation experience includes modifications of child related issues, contested divorces, marital property division, termination and adoption, child support, paternity, enforcement matters, and possession and access issues.

Mr. Bragg has successfully argued family law issues in front of the Second Court of Appeals.

Selected Publications, Seminars and Cases

Authored “The Surcharge of Ad Valorem Property Taxes and BAPCPA”, ABI Journal, April 2013

Community Involvement, Affiliations and Memberships

Member, Dallas Bar Association

Member, Dallas Association of Young Lawyers

Member, Texas Young Lawyers Association

Charles F. Baum

November 9, 2013

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Practice Description

Mr. Baum runs a diverse financial institution and transactions-oriented practice. Handles work-outs, mortgage related litigation, commercial and residential foreclosures, collections, real estate purchase and sale, landlord-tenant, creditors’ and trustees’ rights in bankruptcy, asset and business purchase and sale, and general real estate, mortgage lending, corporate, and title curative matters.

Representative Experience

Handled and/or closed over 500 commercial foreclosures, REO/ORE purchase and sale transactions and commercial workout matters.

Acted as lead counsel in over 100 bankruptcy adversary proceedings.

Represented financial institutions in over 100 title, lien priority, or lien perfection matters.

Resolved over 5,000 mortgage banking litigation matters.

Represented Chapter 7 trustee in liquidation of six mortgage companies.

Served as in-house counsel for two major mortgage lenders.

Represented buyers and sellers of commercial real estate and associated entities.

Assisted buyers and sellers of assets and operating businesses.

Selected Publications, Seminars and Cases

“When Tenant Files Bankruptcy During Eviction” – Sterling Education Services, Inc. (2004)

“ Residential Eviction and Trial” – Sterling Education Services, Inc. (2004)

In re Harbor Financial Group, Inc. 303 B.R. 124 (Bankr. N.D. Texas 2003)

Awards & Honors

AV ® PREEMINENT Martindale-Hubbell rating