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Practice Areas & Industries: Fulbright & Jaworski L.L.P.

 



Fulbright & Jaworski L.L.P.


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Practice/Industry Group Overview

Fulbright & Jaworski ranked among the top 10 law firms in the United States for client service in a recent BTI Consulting Group survey of the FORTUNE 1000 general counsel.

A primary measure of legal services is how well the law firm understands the client's business. At Fulbright, our long history of work in areas such as securities, accounting, finance, construction and engineering, and health care have given us a thorough understanding of the business and legal issues facing professional service providers.


 

Services Available

Industry knowledge. We provide transactional and regulatory support for our clients' day-to-day operations, as well as the services of one of the nation's consistently top-ranked litigation practices. We've done that for more than 80 years, while serving clients in dozens of industries.

This broad knowledge base is invaluable in representing providers of services such as:

  • Accounting, auditing
  • Architecture
  • Engineering
  • IT services, consulting
  • Management/marketing consulting
  • Securities/investments

Complementary and comprehensive services. Fulbright's integrated structure enables us to draw from highly rated practitioners in more than 50 practice areas such as corporate, securities and transactions; antitrust and international law.

The Fulbright & Jaworski Professional Services Litigation Practice Group serves non-medical professional service providers. With one of the nation's consistently top-ranked litigation practices, we are experienced in defending all types of liability claims.

Accounting firms. Fulbright has extensive experience handling, trying and mediating matters involving allegations of accounting malpractice and claims of:

  • Auditing fraud
  • Deceptive trade practices
  • Negligence
  • RICO violations
  • Securities fraud

The securities fraud work includes defending class actions against companies and their auditors.

IT consultants. Fulbright attorneys serving this industry work with the information technology group in defending IT consultants against professional liability claims. In fact, we work for one of the largest business and computer consulting companies in the world.

Major national and regional firms. Just three examples of the firms that Fulbright has represented are:

  • Big Five accounting firm in connection with an SEC investigation of the firm's client
  • Large computer consulting firm in state and federal courts in a lawsuit alleging a variety of claims
  • Several regional accounting firms and law firms in connection with claims brought by the FDIC and RTC

Complex commercial litigation. Fulbright represents service sector clients in complex commercial litigation matters, such as:

  • MDL suits (similar suits filed in multiple federal district courts consolidated by order of the Judicial Panel on Multi-District Litigation)
  • Class actions (nationwide and statewide)
  • Shareholder derivative suits
  • Parallel civil, regulatory and criminal proceedings
  • TROs and injunctions

Fulbright & Jaworski is among the most experienced national law firms in representing broker-dealers, issuers (as well as their officers and directors), underwriters and other securities professionals.

Wide range of claims. We assist with class actions brought by purchasers of securities in public companies, lawsuits by investors in limited partnerships and joint ventures and shareholder derivative and other state law causes of action. These cases may involve claims of:

  • Antitrust
  • Churning
  • Deceptive trade practices
  • Fraud
  • RICO
  • Unauthorized trading
  • Unsuitability

Various financial products. We have worked with matters related to the sale of various financial products--stocks, bonds, derivatives (i.e., CMOs and GICs), foreign currency investments, real estate investment trusts (REITs) and limited partnerships.

Investigations and proceedings. Our attorneys have defended clients regarding investigations and inquiries by the Securities and Exchange Commission, the New York Stock Exchange, the FDIC and the RTC Fulbright attorneys have also served as client advocates and as neutral arbitrators of disputes in proceedings of the New York Stock Exchange and National Association of Securities Dealers.

IT knowledge. Fulbright & Jaworski attorneys work daily with Internet-related matters. It is a strong knowledge foundation for representing IT service providers and consultants, accounting firms and auditors, and document management companies.

Fulbright's IT and e-commerce practitioners are well versed in Internet technology, as well as business and legal issues related to it, such as:

  • Counterfeiting
  • Cyber-piracy
  • Cybersquatting
  • Domain name registration
  • Electronic evidence discovery
  • Electronic signatures
  • Hyperlinks
  • Industry standards setting
  • Metatags
  • Multi-media
  • Network security
  • Patent and trademark protection
  • Privacy concerns
  • Unsolicited e-mail

Technology backgrounds. Fulbright attorneys have undergraduate degrees and industry experience in technical disciplines such as computer science, telecommunications, math, physics, aerospace, satellite communications and electronics. There are more than 20 Ph.D.s on staff.

Professional Services: U.S. and InternationalTransactions

Fulbright & Jaworski represents service sector clients in their daily operations providing a variety of transactional services, such as:

  • Asset purchase agreements
  • Consulting agreements
  • Distributorship agreements
  • Executive employment, change-in-control contracts
  • Foreign legal representative agreements
  • General contracts
  • Indemnification agreements
  • Licensing agreements
  • Negotiating and drafting business agreements
  • Severance agreements
  • Stock purchase agreements
  • Technology transfer agreements

International. More than 110 Fulbright attorneys on three continents work in international law, focusing on cross-border transactions among commercial interests as well as sovereign states and their various entities.

We counsel clients on U.S. and multilateral regulations and trade matters, such as:

  • Administrative law of foreign states
  • Anti-boycott controls
  • Contract negotiation and documentation
  • Contract challenges
  • Currency controls
  • Customs (international import/export matters) Economic sanctions
  • Export controls
  • Foreign contracting procedures
  • Foreign investment laws
  • International bankruptcy, reorganization and creditors' rights
  • International equipment finance
  • Workouts and loan restructurings

Professional Services: Employee Matters

Efforts by U.S. Congress to improve managed care may expand liability for employers offering health care plans under ERISA . . . retirement focus for Baby Boomer generation with associated impact on Social Security, health care demand and pension plans.

Fulbright & Jaworski is known as one of the major United States law firms for labor and employment law, as well as employee benefits. We have represented employers in virtually every industry regarding matters as diverse as the people and the circumstances in each workplace.

Some of the types of matters that we provide counseling and representation for are:

  • Civil Rights charges and litigation
  • Management-union relations
  • Wrongful discharge and employment tort litigation
  • Corporate transactions and restructurings
  • Affirmative Action
  • Employment contracts
  • Employee benefits and litigation
  • Safety and health
  • Wage-hour and other labor standards
  • Miscellaneous labor and employment laws

Employee benefits. Fulbright's Employee Benefits Practice Group has represented multinational clients in employee benefits, executive compensation and ERISA matters for more than 40 years. We help create sophisticated employee benefit plans, provide counsel and defend employers in disputes arising out of employee benefits, executive compensation and other ERISA issues.

In nationwide peer surveys, Fulbright was voted the country's top firm in litigation and arbitration of employee benefit matters and among the top five in ERISA and pension matters. Individual Fulbright attorneys have also been recognized by their peers as being among the best lawyers in America for employee benefits matters.

Professional Services: Arbitration / ADR

One of the world's "Arbitration Elite." The Fulbright & Jaworski Arbitration and Alternative Dispute Resolution (ADR) practice has been consistently recognized as a leader in the field, both internationally and within the United States. Arbitration/ADR may be especially effective alternatives to litigation in foreign or hostile local venues and matters involving foreign legal representatives.

Rankings. Fulbright's rankings for international arbitration and ADR include:

  • One of only 17 firms in the world named as the "Arbitration Elite" by The American Lawyer
  • One of the top 10 national law firms for dispute resolution in the Global Counsel Dispute Resolution Handbook

Arbitral institution experience. Fulbright attorneys frequently serve as client advocates or arbitrators under the rules of U.S. and international arbitral institutions. In some cases, we were instrumental in the founding of the institutions. In the U.S., these institutions include:

  • American Arbitration Association (AAA)
  • National Association of Securities Dealers (NASD)
  • New York Stock Exchange

Internationally, we represent clients around the world in disputes before organizations such as:

  • International Centre for the Settlement of Investment Disputes (ICSID)
  • International Chamber of Commerce International Court of Arbitration (ICC)
  • United Nations Commission on International Trade Law (UNCITRAL)

Example: professional service dispute. Fulbright represented a European engineering firm in an ICC arbitration against a European affiliate of a U.S. company. The dispute involved the construction of a pipeline. The place of arbitration was Frankfurt, and the governing law was German.


 
Matter Experience
  Representative Transactions
 
  Represented a public body in a workout of a failed public facility project, including termination of developer, re-negotiation of construction agreements, and modifying loan terms and documentation. , January 2, 2003
Represented Applied Materials, Inc. in connection with its location of the company's North American volume manufacturing campus facilities in Austin, Texas, from raw land purchase to completed and operating facilities, including acquisition contracts, tax abatement/economic development agreements with local governments, development agreements with over-all project developer, land use regulatory and entitlement matters, infrastructure agreements, and transportation issues. , January 2, 2003
Represented Advanced Micro Devices, Inc. in connection with land use regulatory matters and mortgage financing matters involved in the issuance of debt instruments. , January 2, 2003
Represented a nationally known medical building owner and operator in connection with a transaction involving syndication of a medical office building and acquisition of the real estate product on which to develop the facility. , January 2, 2003
Represented a national resort developer in connection with the purchase of land for development, development of covenants, conditions and restrictions of development, development of amenities such as a clubhouse, golf course, tennis facilities, and cottages. , January 2, 2003
See more...
 
Group Presentations
  "The Contribution of Latin America to the Development of a New Arbitration Culture." February 12, 2004 , February 12, 2004
"How to accommodate divergent cultural expectations" 2/12/2004, February 12, 2004
Taming the Tiger: Management of Litigation Risks and Costs January 23, 2003 Minneapolis, MN , January 23, 2003
Protecting our Investment Assets Abroad Guide to International Dispute Planning - NAPE Convention, Houston, January 2003, January 2, 2003
Mediation: A Valuable Partner to International Arbitration - Center for International Legal Studies Arbitration Conference, Salzburg, Austria, July 2002 , July 1, 2002
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Past Seminar Materials
  Trends and Troubled Companies or The Problems We Create for Ourselves - A Conversation with Bill Rochelle November 18, 2003 , November 18, 2003
Alternative Dispute Resolution in the Construction Industry - Fulbright and Jaworski/KPMG/General Contractors Association Seminar, Dallas, Texas, Spring 2002 , May 1, 2002
"Theories of Professional Liability," Attorneys' Advantage Seminar, May 21, 1997, San Antonio, Texas. , May 21, 1997