Thoughtful. Exacting. Creative. Persuasive. Whether contesting a case on appeal or crafting a critical motion or the jury charge in a trial court, that’s how Carrington Coleman’s appellate lawyers approach every challenge.
No “off-the-rack” representations here. Every case is different, and every case demands original, creative thought and analysis. We look at a problem from all sides to come up with the legal and evidentiary arguments that will best persuade the court on appeal or at trial. Our appellate group shares decades of experience briefing and arguing to appellate courts across the state and the nation. We are also heavily involved with cases at trial, crafting jury charges and dispositive motions, as well as helping trial counsel preserve error in case an appeal becomes necessary.
The successes that breed confidence
Some may call our record of appellate success impressive for our size. We say size doesn’t matter. Regardless of the forum or the complexity of the legal issues, our clients have good reason to be confident in our abilities. We’ve succeeded in appeals involving a wide range of significant issues, such as non-compete and non-solicitation provisions, waivers of reliance that preclude fraud claims, knotty discovery and procedural disputes, the rights of minority shareholders and other corporate governance questions, the Texas Citizens Participation Act, and others.
Many ways to deliver value
When the issues are complex, whether on the defense or plaintiff’s side, larger firms may pile on a team of lawyers right from the start. We call that over-lawyering, and we just don’t do it. We assess the case and the problems it presents and assemble the right team to address them, not an army of lawyers “just in case.” Our clients also appreciate that we communicate intricate ideas precisely, concisely, and persuasively, not delivering reams of paper when what’s needed is a straightforward answer.
Majority Shareholder in Closely Held Company
Client Issue: Our client, the majority shareholder in a technology company worth over $100 million, was sued by the minority shareholder for alleged breaches of fiduciary duty, breach of contract, and claims of shareholder oppression. After a trial, our client was ordered to issue a one-time $85 million dividend, as well as to pay the plaintiff damages and attorneys’ fees.
Approach: Carrington Coleman prepared and tried the case with a potential appeal in mind, working with the client to build a record showing fairness to the plaintiff and errors by the trial court, while constantly preserving arguments regarding flaws in the underlying causes of action.
Outcome: Carrington Coleman capitalized on that careful planning on appeal, where the court of appeals reversed and rendered, making important rulings about the duties owed between shareholders. Based on briefing in this case and another case handled by Carrington Coleman at the same time, the Texas Supreme Court severely limited the cause of action for “shareholder oppression,” forever changing the landscape of shareholder disputes in Texas.
