Skillful advocacy happens when lawyers learn the facts and the law, understand their client's business, and are able to distill the client's needs into a sensible plan of action. We do that regularly.
In litigation, the firm's intelligent, strategic decision-making, coupled with unparalleled preparation, is a winning formula. We really like to win. The firm has a proud history of cases over a variety of industries and challenges, including:
- C&S was trial counsel for a large reinsurer in trials against a rogue agent in Texas. The firm won the first trial, and on appeal, the case was remanded for additional damages. C&S also won the second trial, with the court awarding the full measure of damages sought.
- C&S has consistently won jury trials, bench trials, appeals, and arbitrations since its inception. The lawyers are proud of the winning record. C&S attorneys take strategy and preparation very seriously, from the beginning of the case until the judgment is signed.
- C&S won one of the largest judgments awarded in a jury trial in Lavaca County, Texas. The firm represented a seismic contractor against an oil company. The jury awarded 100% of the damages sought. The jury also awarded more in attorneys’ fees than was requested.
- C&S has handled a variety of cases involving personal injury and wrongful death, involving criminal and negligent conduct.
- C&S has assisted in emergency actions—temporary restraining orders and injunctions, in situations involving business divorce, land disputes, and even family law disputes over the guardianship of a person in “locked-in syndrome.”
- Business disputes of every kind are another day at the office for C&S lawyers. Recent cases include:
- Business divorce of partners in a prominent magazine, along with subsequent litigation to enforce the terms of a settlement agreement.
- Representation of a CEO of a large oil and gas exploration and development company, in shareholder or partner litigation in four venues. The litigation was in federal and state courts in New York and Texas, with witnesses in Canada and England.
- Representation of a franchisee of restaurants in four separate cases in federal and state courts in Atlanta, Georgia, and the Rio Grande Valley of Texas.
- Ongoing litigation in complicated, multimillion-dollar real property disputes. Current representation includes an action to quiet title for the improper conveyance of an expectancy interest in land by the beneficiary of a trust, as well as the defense of claims against a C&S client for water diversion causing flooding of a condominium complex.
- C&S tried a heated case over a disputed mineral interest, with C&S’s client as plaintiff. Following a jury trial inexorably tainted by perjured testimony from the defendant, the firm discovered an attorney-client relationship with an opposing lawyer and the judge. C&S moved for recusal of the judge and a new trial—and won. On the eve of the new trial, the opposition folded, in a stunning settlement which awarded the firm’s client a multi-million dollar recovery, including all damages and attorneys’ fees.
C&S is more than just a business litigation firm. Our lawyers have advised businesses and individuals over the full spectrum of legal services. Some representative matters include:
- Advising clients and forming entities for startup businesses in technology, construction, consulting, real estate, hospitality, and B2B marketing, providing company agreements and advising on corporate structure, management and governance.
- Assisting clients with intellectual property protection, including securing trademarks, advising and defending copyright, trademark and trade dress.
- Preparing nondisclosure agreements, enforceable noncompete agreements, management and employment agreements in a number of businesses.
- Preparing real estate contracts, deeds and assignments.
- Helping clients with crisis management, including a recent case in which C&S managed media contacts for a business in which a principal was ultimately convicted for very serious crimes.
- Representing clients with governmental agency administrative actions and governmental investigations.
C&S represents large corporations, small and mid-size businesses, and individuals. The firm offers a variety of billing options, depending on the nature of the representation. Whenever possible, C&S wants to partner with its clients and share in the recovery. If we don’t have the expertise our clients need, we regularly refer them to our extensive contacts with capable lawyers throughout the state. We will not take on a case outside our areas of expertise.
Although C&S has blue-chip talent, the firm does not maintain the strict, expensive pyramid structure of the large firms and keeps its overhead low. We pass on these savings to our clients. While litigation is often expensive, C&S does its best to mitigate the cost.
To further this goal, C&S has adopted a lean approach to its practice. Discovery is targeted—not an excuse to waste senseless hours of associate time billing for “file review.” Our goal is to get at the heart of the dispute quickly, find the best result for our client, and strategize accordingly. We use technological advances in document management and review to reduce the amount of time it takes to get to key documents and data in our cases.
C&S is ready to prosecute your claim, or defend and advise you when you need us. We approach every matter with intensity and dedication. Call us for a consultation.
Cain & Skarnulis an industry exclusive sponsor of the 2018 Austin Business Journal’s Best CEO Event to be held on October 4, 2018