Paul helps companies protect and safeguard two of their biggest assets: their workforce and intellectual property. A company's success and profitability is tied to its intellectual property, and Paul devotes a large portion of his practice to preventing and defending against the theft and misappropriation of confidential information and trade secrets. He negotiates and litigates restrictive covenants, and handles cases involving trademark, copyright, and patent infringement.
A talented workforce is equally important. More and more companies rely on professionally-developed selection procedures to hire, promote, and retain the best talent. Paul represents employers of all sizes—as well as local governments, test developers, and workforce management companies—in counseling, litigation, and subpoena-enforcement actions involving the use of employment tests and personnel selection procedures. Paul defends employers facing allegations of discrimination, sexual harassment, retaliation, denial of benefits, wage and hour violations, and other claims under federal and state law. As an experienced class-action litigator, Paul also serves as litigation counsel for several financial institutions and other companies, defending against a myriad of state and federal consumer class actions.
Defend publicized U.S. Department of Justice suit against the Austin Fire Department's hiring process for fire cadets. Represent client with Lee Crawford on consent decree compliance issues.
National employment testing and validation counsel on all relevant matters for EEI and its participating members in this national trade association for investor-owned electric utilities.
Represented a large financial services institution in a series of lawsuits with a major competitor that involved allegations of corporate raiding, misappropriation of trade secrets, and alleged violation of restrictive covenants. The competitor of our client and a former employee initiated a lawsuit in state court, seeking a temporary restraining order to prevent our client from enforcing certain restrictive covenants. The firm removed the case to federal court and successfully defeated a motion to remand when the federal court found that the competitor had fraudulently joined an affiliate of our client in an effort to defeat diversity jurisdiction. The competitor then withdrew its motion for temporary restraining order and instead filed a motion for preliminary injunction. The firm then asserted several counterclaims against the competitor and former employee, defending the enforceability of the restrictive covenants and asserting trade secret claims, tort claims, and claims for breaches of the covenants. After some discovery, the competitor and former employee withdrew their motion for preliminary injunction, and the case resulted in a substantial settlement in favor of our client.
Represented a software company in litigation relating to the alleged breach of a non-disclosure agreement entered with a competitor in connection with the consideration of a potential joint venture. Our client denied misusing confidential information and denied any wrongdoing. We were able to resolve the case early in the litigation and obtain dismissal of the lawsuit and the competitor's motion for injunctive relief, without our client having to incur substantial legal fees.
Conduct overtime audit for large regional healthcare system to address and simplify overtime pay codes and ensure compliance with wage-and-hour regulations.
Defend national clinical lab testing company against claims of race, age, color, sex, national origin, and disability discrimination and retaliation brought by senior level current employee. Following dismissal of some claims, we were able to resolve remaining claims through lower-cost settlement.
Following extensive document discovery and a full deposition of the plaintiff, we were able to secure an extremely favorable, less-than-nuisance-value settlement in response to age, gender, and multiple disability discrimination claims brought by a plaintiff who had been terminated for excessive unscheduled absences.
Defend suit by 19 plaintiffs claiming violation of constitutional and privacy rights. Address resolution compliance issues.
Represent services provider against allegations of employee misclassification and a demand for unpaid overtime wages by employee who had resigned.