Commercial Litigation

Commercial litigation is a complex area of the law involving business disputes such as claims for breach of contract, fraud, breach of fiduciary duty and other similar tort and contract claims.

Our Work

At Heygood, Orr & Pearson, our attorneys frequently handle commercial cases ranging in value from tens of thousands of dollars to tens of millions. We have successfully represented businesses of all sizes, from small “mom and pop” businesses to some of the largest corporations in the world. Among the commercial clients we have represented are:

  • 7-11
  • AIG
  • America West Airlines
  • Amarillo National Bank
  • AON Insurance
  • Arthur Andersen
  • Bank of America
  • Conestoga Trust
  • DHL
  • Dallas Radiologists, P.A.
  • Danka Industries
  • Dynamex, Inc.
  • Franciscan Vineyards
  • J.C. Penney
  • John Deere
  • Kajima Corporation
  • Midland One Financial, LLC
  • Morgan Keegan
  • Morgan Stanley Dean Witter
  • PC Service Source
  • Plains Capital
  • Rauscher Pierce

Whether we are representing a huge, multi-national corporation or a small local business, we provide every commercial client with the care and attention they deserve. We understand that even cases with modest dollar amounts in controversy may constitute “bet the company” litigation for some smaller businesses. And we understand that although large corporations with millions of dollars at stake may be willing to spare no expense to defend themselves, their legal representation should nonetheless be cost-effective and efficient. For that reason, we will often offer our clients flexible fee structures such as contingent fees, flat fees, reduced hourly fees with a bonus payment contingent on success and reverse contingent fees.

Our commercial litigation experience, as well as our overall level of trial experience, is virtually unmatched. Additionally, we have the personnel and financial resources to take on even the largest and most sophisticated adversaries and prevail. HO&P has successfully handled commercial disputes against such corporations as:

  • American Electric Power
  • American Airlines
  • American Bank of Texa
  • Bank of America
  • Cisco Systems
  • CompUSA
  • DSC
  • Dish Network
  • General Electric Company
  • General Motors
  • Grant Thornton
  • Hicks, Muse, Tate & Furst
  • Ingersoll-Rand Company
  • J.B. Hunt
  • Johnson & Johnson
  • Merrill Lynch & Co.
  • Motorola, Inc.
  • NCR Corporation
  • PriceWaterhouseCoopers
  • Principal Financial Securities
  • Reliant Energy Services
  • Royal Bank of Canada
  • Siemens Corporation
  • Southwestern Bell
  • Thomas James Associates
  • TXI
  • UBS Warburg
  • Wachovia Bank
  • Wal-Mart
  • Wells Fargo Bank
  • Westinghouse Electric
  • Whirlpool Corporation

Why We Are Successful

At Heygood, Orr & Pearson, our success stems from the fact that our attorneys are trial attorneys in the truest sense and have tried hundreds of cases to verdict. Among our team are numerous attorneys who are board certified* and who have been selected to the Super Lawyers List, a Thomson Reuters publication, in the state of Texas for numerous years in a row.** Our firm is AV-rated, the highest legal and ethical rating available from the leading law firm rating service.

Verdicts & Settlements

As a result of their experience, expertise and trial ability, our attorneys have obtained dozens of significant verdicts and settlements for our commercial clients. Among the more notable are the following:

  • Obtained an $18 million verdict in favor of a European entrepreneur in a lawsuit against a subsidiary of a Fortune 500 company involving the sale and distribution of computer products in Europe.
  • Successfully defended an international businessman in a $200 million fraud and breach of contract case arising out of the discovery of the world’s largest nickel deposit in Labrador.
  • Obtained a $16 million settlement on behalf of a Fortune 500 company involved in a construction dispute relating to a parking garage.
  • Obtained a confidential settlement in defense of one of the Big Five accounting firms in eleven securities fraud lawsuits arising out of the bankruptcy of a large financial service corporation.
  • Achieved a $3 million jury verdict on behalf of a small local business suing for breach of fiduciary duty arising from the wrongful termination of a business partnership for the development and sale of remote monitoring devices.
  • Represented the former president of a large software firm in a securities fraud suit brought against him by the SEC.
  • Obtained a confidential settlement in representation of a well-known New York investor and businessman in a securities fraud lawsuit against a large accounting firm and their law firm, based on their knowing participation in a massive fraudulent enterprise.
  • Negotiated a $2.4 million settlement in a case involving the breach of an oral employment agreement between a financial institution and its executive officer.
  • Reached a confidential settlement in representation of a Dallas start-up company and its principals in a lawsuit against one of the world’s largest accounting firms and a global financial services firm for their role in a securities fraud.
  • Successfully petitioned the Texas Supreme Court to overturn a plaintiff’s verdict against an East Texas motorcycle dealership in a case involving tortious interference in the sale of a business.

How Our Attorneys Can Help

At Heygood, Orr & Pearson, our expertise and experience spans all areas of commercial litigation. Our attorneys have handled cases involving such claims as:

  • Breach of employee non-disclosure agreements
  • Breach of fiduciary duty
  • Breach of non-competition or non-solicitation agreements
  • Breach of contract
  • Insurance coverage disputes
  • Securities fraud
  • Slander and libel
  • Tortious interference
  • Unfair competition

Regardless of the type of claim, the size of the client or the complexity of the dispute, Heygood, Orr & Pearson has the legal ability, financial wherewithal and level of commitment necessary to successfully represent the interests of any commercial client. If you or your company is in need of representation in a commercial dispute, contact us for a free consultation.


Michael Heygood, James Craig Orr, Jr. and Eric Pearson are all Board Certified in Personal Injury Trial Law — Texas Board of Legal Specialization.

** Michael Heygood, James Craig Orr, Jr. and Eric Pearson were selected to the Super Lawyers List, a Thomson Reuters publication, for the years 2003 through 2014.