"I ask a lot of questions. I like to explain why I’m asking them. I’m trying to determine what our best legal route is."
Sometimes, litigators have to act quickly: when a client needs an injunction to stop a former employee from violating the provisions of a non-competition agreement, for instance, or to keep one from disclosing proprietary information or trade secrets.
Such cases can be the equivalent to condensing a year’s litigation into a short, high-stakes proceeding. Neil Burger thrives on them. “I’m nimble, especially in injunctions,” he says. “You have to be ready for any situation that comes up. You have to deal with it immediately.” He litigates and advises on non-competition disputes in general business industries, as well as specific to physician employment agreements.
Neil’s agility is matched by his legal versatility. His resume includes oil and gas litigation, breach of contract and tortious injury lawsuits, as well as business ownership disputes, real estate, employment and discrimination claims. He also works with solo practitioners and smaller firms in need of his expertise. In such situations, Neil tailors his services to the unique demands of the case. Some call for co-counsel; others require work on issues such as jury charges, summary judgment appeals or expert challenges. His skills have brought him a wide commercial practice and recognition on Texas Monthly‘s Texas Super Lawyer listing in business litigation for 2013 and 2014.
Although his practice for the most part involves representing individuals and corporations in business disputes, Neil has dedicated significant time to pro bono work for people in need of legal representation. In one case, he and fellow Carrington Coleman lawyers secured the release of a Texas death-row inmate. The court held that the man’s original counsel had been ineffective, having failed to thoroughly investigate and present evidence of innocence. Carrington Coleman worked for free.
“I was the first person from our firm to meet with our client on death row. The initial challenge is building that relationship,” Neil said. “He could tell that for the first time he had a team of people fighting for him.”
No matter who the client may be, Neil wants them to know the same.
Obtained a temporary restraining order and temporary injunction enforcing a noncompetition agreement to prevent a former employee from soliciting business from the client’s customers.
Obtained a temporary restraining order and writ of sequestration preventing the disclosure of the client’s proprietary information and requiring the return of misappropriated company materials.
Won a judgment for fraud damages after a trial in bankruptcy court and obtained an order setting aside homestead exemptions allowing the client to collect on the judgment through a forced sale. Lead appellate counsel in successful appeal of the entire judgment and order.
Won a take nothing final judgment against client accused of violating a noncompetition agreement.
Won a final judgment in favor of the client for enforcement of a loan agreement for the full amount of the loan plus interest and attorneys’ fees.
Led the prosecution of age discrimination claims against a Fortune 500 company resulting in a favorable settlement.
Lead appellate counsel in multi-million dollar litigation concerning ownership of oil and gas interests and enforcement of a promissory note.
Obtained complete dismissal of lawsuit against foreign company based on the court’s lack of personal jurisdiction.
Lead counsel defending a company and its majority owners against claims brought by minority shareholder for oppression and malfeasance, resulting in a favorable settlement.
U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas
U.S. Courts of Appeals for the Fifth and Sixth Circuits
Southern Methodist University School of Law
J.D., magna cum laude, 2002
Member: SMU Law Review, 2000-2002, Articles Editor, 2001-2002.
Member: Order of the Coif
Emory University B.A., 1998
Hon. Richard A. Schell, U.S. District Court, Eastern District of Texas, 2002-2003
Firm Recipient of the American Bar Association Death Penalty Representation Project 2013 Exceptional Service Award
Named to the Texas Super Lawyers list, as published in Texas Monthly magazine, 2013-2016
Named to Texas Rising Stars list, as published in Texas Monthly magazine, 2007-2012
Author, Physician Non-Competes: Special Considerations, Carrington Coleman Capital Newsletter, 2016 Issue One (February 2016), and Carrington Coleman Capital Newsletter, 2016 Special Healthcare Issue (October 2016).
Speaker, Procedural & Practical Considerations for Obtaining Injunctive Relief (Texas State Bar CLE: Damages in Civil Litigation, Houston, February 2015).
Co-Author, Injunctions (Texas State Bar CLE: Damages in Civil Litigation, Houston, February 2015).
Speaker, From Death Row to Freedom (Dallas Bar Association, January 2015).
Faculty Co-Leader, Dallas Bar Association Trial Academy – Evidence Module (July 27, 2012).
New E-Discovery Rules: An Overview of the Amendments to the Federal Rules of Civil Procedure (CLE Presentation, March 2006).
E-Discovery Update: Application of the Amendment to the Federal Rules (CLE Presentation, November 2006).
The Basics of House Bill 4 and Texas Tort Reform (CLE Presentation, February 2004).
Letting Frustrations Get the Better of Us – Second Circuit Allows a Lessee/Sublessor to Escape CERCLA Liability, 54 SMU Law Review 433, 2001.