In 1988, Don Taylor and David Dunham left Akin, Gump, Strauss, Hauer & Feld, LLP to form their own firm. They wanted to create a team of lawyers that would be renowned for their skill, experience, and drive, and that would only do one thing -- resolve disputes. Over the last decade, our firm has earned the respect of the Central Texas business community by doing our one thing very well. We are trial lawyers. Many of our top professional colleagues are comfortable referring clients to us, or asking us to assist them at trial, because they know we are focused on what clients need from lawyers — results.

We Try Cases

Our firm is devoted exclusively to the trial and arbitration of disputes. Our focus is primarily commercial litigation, including contract and business tort claims; high-tech cases, including cases related to stock options, entrepreneurs and venture capitalists, and competitors; labor and employment issues, including discrimination and non-competition; intellectual property, including copyright, trademark, patent, trade secrets, and unfair competition; and real estate matters. We have also handled serious personal injury and insurance litigations. We represent both plaintiffs and defendants, from the first filing to the final appeal. We have served as class counsel in both Texas and national class action lawsuits. Our hourly fees are typically lower than the larger firms, and we will accept contingency or hybrid fee agreements in appropriate cases. In the section that follows, we have described some of our recent and pending representations. While this list is not exhaustive, it should give you a better understanding of how we help our clients survive and thrive in the New Economy.

Corporate Ownership Litigation Securities Fraud, Breach of Fiduciary Duty, and Stock Option Claims As of June 2000, we are prosecuting an arbitration claim against Cisco Systems, Inc. for failure to grant stock options. We also have a pending suit against a securities brokerage and an issuer for failure to disclose material facts to an investor, and a case on behalf of a start-up in the embedded software industry against a company for its failure to honor commitments to grant stock. In February 2000, we successfully resolved a case we brought on behalf of an entrepreneur against a high-profile dot-com, drkoop.com , seeking recognition of our client's ownership interest in the company. Although the terms of the settlement are confidential, our client was expressed satisfied with our work and the result.

Also in early 2000, we represented a co-founder and minority shareholder of Networker.com in his claim as a dissenting shareholder when Agillion.com acquired Networker.com's assets. We were able to settle this claim amicably. In 1999, we represented David Solomon in his claims against Guardian Onboard, Ltd., an Israeli company that supplies uninterruptable power supplies to computer manufacturers. The case settled on favorable terms, and our client has expressed his confidence in us. Also in 1999, we represented Rich Jacobson in asserting his rights against Digital Dynamics, which was later acquired by Broadwing . We were able to obtain a favorable settlement in this case, as well.

Business Litigation Contract, Business Tort, and Competition Claims In June 2000, we represented builders who had planned to build in a new development, only to find that the land had been sold out from under them to someone else. The case was subject to a confidentiality order while it was pending, and was resolved by a confidential settlement agreement. One thing we can say that is not confidential: Our clients were pleased with the results we obtained in only a few short weeks. In late 1999, we won a major victory in federal court for our client, NemeSys Music Technologies, Inc. , a manufacturer of digital sampling computer hardware for the music industry. The United States District Court declared that the exclusive distribution agreement between NemeSys and the defendant in the case was terminated. NemeSys's claims for damages are set for trial in July 2000. Also in 1999, we represented Texas State Low Cost Insurance in a case against a computer consulting firm for breach of a contract to build a wide area network (WAN). The case settled on terms favorable to our client. We have litigated tortious interference cases. For example, we brought a case in federal court in San Antonio on behalf of an insurance agent. The defendant, an insurance company, sought to terminate its agent relationships. We settled the case on favorable terms during trial. (We have also represented an insurance company against an agents who sought to "flip" business.) We have enjoyed long relationships with numerous other fine businesses, helping them resolve business disputes that inevitably arise, including Concept Services, Inc. , which outfits new locations of major restaurant chains with kitchen equipment and furniture; BFI , the waste disposal company; Caterpillar Financial , which finances the purchase of heavy equipment from Caterpillar; and Henna Chevrolet and Roger Beasley Mazda , two automobile dealerships in the Austin area.

Employment Litigation and Counseling Discrimination and Harassment Claims, and Employment Policies and Practices We advise several clients on an ongoing basis with respect to employment issues. We advise both employers and employees with respect to covenants not to compete and confidentiality commitments. We have provided guidance to employers with respect to employee policies and handbooks, and we have litigated non-compete issues for employers like Detex , a supplier of metal detectors and other security equipment, and for employees who work in the high-tech industry. In 1997, we successfully tried a sexual harassment and discrimination lawsuit brought in federal court by a woman against our client, an architecture firm specializing in semiconductor manufacturing facilities. We persuaded the court to dismiss her harassment claims before trial, and we obtained a verdict of no liability with respect to the gender discrimination claims after a week-long jury trial. That same year, we successfully represented another employer in a same-sex sexual harassment case.

Class Action Litigation Prosecuting State and National Class Claims We are currently class counsel in a class action pending in the state district courts of Travis County, Texas. We represent a subclass of approximately 5,000 dentists who purchased the Windows(tm) version of dental office management software published by EZ Dental . (There is a second subclass of about 15,000 dentists who purchased the DOS version of the software.) The allegations in the case relate to the corruption of data by the defendant's defective database engine, among other things. We were able to get the class certified after a week-long hearing before the trial court. Before that, we prevailed in three pre-certification proceedings before the Austin Court of Appeals, and two before the Texas Supreme Court. The certification in now on interlocutory appeal. We are also counsel for the named plaintiff in an action that seeks to certify a class against Lens Express . Our client has asserted that the defendant sent unsolicited goods, and pursuant to statute, should be required to refund any payments it received from prospective class members. We have also served as co-counsel for the statewide class in an action against Discover Card , which alleged violations of certain debt collection statutes; and for a class of doctors in an action against John Hancock , in which the defendant allegedly misrepresented that certain disability insurance premiums would "disappear" or "vanish" over time. Both of these class actions were settled before trial on terms that were approved by the court. Intellectual Property Litigation Copyright, Patent, Trademark, Trade Secret, and Unfair Competition Claims In early 2000, we won an important pretrial victory in federal court for our client, SigmaTel, Inc. , in a patent infringement suit. The plaintiff had sought a preliminary injunction, which we successfully opposed. We were later able to resolve the case by settlement.

Taylor Dunham & Burgess, LLP
Located in Austin. Specializes in commercial litigation, trial, and arbitration of disputes. ... adaptability, and efficiency, Taylor, Dunham and Burgess maintains a ...

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