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    Michael C. Falick PLLC — Business Litigation
    Practice areas

    The full list of matters Mike handles.

    Mike represents businesses and individuals in a broad range of civil disputes. The list below covers the types of matters he handles.

    Licensed in Texas and Colorado.

    On this page

    01

    Real estate and property

    Litigation involving the ownership, purchase, sale, use, leasing, financing, and taxation of real property.

    Matters handled

    • Real estate litigation — purchase and sale disputes
    • Title and closing fraud (DTPA, statutory real-estate fraud)
    • Undisclosed-defect purchase fraud
    • Construction defects prosecuted and defended (including RCLA)
    • Mechanic’s-lien foreclosures for suppliers and contractors
    • Payment and draw disputes
    • Subcontractor and insurer claims
    • Condominium and HOA litigation and governance
    • Landlord–tenant — distress warrants, lockouts, holdovers, defaults, recapture
    • Commercial and residential leases, including commercial ground leases
    • Waste claims and security-deposit statutes
    • Property-manager fraud
    • Mortgage and lender liability
    • Secured lending and receivership defense (Texas and Colorado)
    • Eminent domain and condemnation — TxDOT and municipal takings
    • Inverse condemnation and federal takings litigation (Fifth Amendment flood-control, U.S. Court of Appeals for the Federal Circuit, §1983)
    • Billboard relocations and condemnations
    • Zoning and land use — permit protests, TABC, municipal permitting, SCUP denials
    • Property tax / ad valorem appraisal appeals (Tax Code ch. 42)
    • Deed restrictions
    02

    Billboard and outdoor media

    Outdoor advertising and sign matters at the administrative, municipal, and constitutional levels.

    Matters handled

    • TxDOT permit denials litigated at SOAH and on appeal
    • Sign relocations and condemnations
    • State and municipal sign-code constitutional challenges
    • Landlord/tenant disputes
    • Condemnation
    • First Amendment challenges
    • Billboard property-tax appeals
    • Billboard lease drafting and disputes
    • Sign-lease fraud
    03

    Business and commercial

    Contract, ownership, fiduciary, competition, and other commercial disputes for businesses and individuals.

    Matters handled

    • Contract and UCC — sworn accounts (prosecution and defense), promissory notes
    • Fraudulent transfer (TUFTA) and veil piercing
    • Fiduciary duty — partnership, association, trustee, and departing-employee contexts
    • Trade name and unfair competition (Assumed Business Name Act)
    • Defamation and libel (federal)
    • Securities and FINRA broker-dealer arbitration (including vacatur proceedings)
    • Commercial arbitration (AAA)
    • Entity formation and corporate — LLC formation, operating agreements, buy-sell agreements
    04

    Trade secrets, TTLA, and business torts

    Trade-secret misappropriation, Texas Theft Liability Act claims, and the business torts that travel with them — including the published opinion in Beardmore v. Jacobsen, 131 F. Supp. 3d 656 (S.D. Tex. 2015), addressing Texas conversion of intangibles, TTLA, and TUTSA displacement.

    Matters handled

    • Trade-secret misappropriation — Texas Uniform Trade Secrets Act (TUTSA) and federal Defend Trade Secrets Act (DTSA)
    • Texas Theft Liability Act (TTLA) civil claims and defense
    • Harmful Access by Computer Act claims (Tex. Civ. Prac. & Rem. Code ch. 143)
    • Conversion of intangibles and misappropriation of confidential information
    • Departing-employee, unfair-competition, and customer-list litigation
    • Non-compete and non-solicitation enforcement and defense
    • Temporary restraining orders and temporary injunctions to preserve trade-secret status
    • Tortious interference with contract and prospective business relations
    • Business disparagement and commercial-defamation claims
    • Fraud, statutory fraud, and business-tort damages disputes
    • Commercial intellectual-property disputes tied to contract, licensing, or ownership
    05

    Employment

    Employment disputes and employment-related torts on both plaintiff and defense sides.

    Matters handled

    • Discrimination and wrongful termination (TCHRA / Title VII)
    • Employment torts
    • Wage and hour (FLSA / Texas Payday Act)
    • Age, gender, race, national origin discrimination claims
    • Severance and separation disputes
    • Non-compete and non-solicitation litigation
    06

    Financial and insolvency

    Banking, lending, collections, bankruptcy, and first-party insurance-coverage disputes.

    Matters handled

    • Banking disputes
    • Collections — prosecution (including oilfield services)
    • Consumer-debt defense (card issuers, sworn-account defense)
    • Bankruptcy — adversary proceedings, creditor representation, claims administration
    • Chapter 7 and Chapter 11 appearances and bankruptcy adversary representation
    • First-party insurance coverage (DTPA, Insurance Code ch. 541)
    07

    Energy and environmental

    Oil and gas disputes, utility billing, and environmental remediation litigation.

    Matters handled

    • Oil and gas disputes
    • Due diligence disclosure claims
    • Oilfield collections
    • Utility and energy billing disputes (Winter Storm Uri electricity charges)
    • Environmental remediation litigation (TCEQ/NRC-supervised remediation trust)
    08

    Government and tax

    Representation of governmental entities and state and local regulatory disputes.

    Matters handled

    • Municipal and governmental representation (small-city litigation counsel: defense, collections, bankruptcy adversary)
    • State tax controversy — sales and use (Tax Code §112)
    • PUC water and sewer tariff disputes
    09

    Probate, estate, and trust

    Contested probate, estate, and trust litigation.

    Matters handled

    • Contested estates
    • Receivers in probate and trust matters
    • Nonjudicial trust administration
    • Trustee and beneficiary disputes

    Additional matters

    • Privacy and electronic-surveillance torts (federal Wiretap Act)
    • Personal injury and premises negligence
    • Attorney’s fees litigation (including Rohrmoos-standard fee trials)
    10

    Appellate practice

    Appeals across all of the areas above — state and federal, including the U.S. Court of Appeals for the Federal Circuit — plus original mandamus proceedings.

    Matters handled

    • State and federal appellate practice
    • Federal Circuit appeals
    • Original mandamus proceedings
    • Post-judgment motions and appellate briefing

    Capabilities across matters

    These run through the matters above rather than standing apart from them.

    • Temporary restraining orders and injunctive relief
    • State and federal court litigation
    • Pre-suit investigation and strategy
    • Settlement negotiations and enforcement

    Don’t see your situation listed?

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