Litigation

Commercial Litigation

Our litigators are a tight-knit group of partners who approach each matter with intensity, diligence, and creativity. We believe that the best results are achieved by small and dedicated teams who understand the client’s business and its objectives. Although we always strive to resolve matters in the most cost-effective manner possible, we are ready to battle in the courtroom, and if necessary, in the courts of appeals. We are always prepared to try each of our matters to verdict.

Our litigation partners have achieved successful results in state and federal courts around the country, before arbitral tribunals, and before regulatory bodies. Their professional backgrounds are rich and diverse—including successful practices at national and regional firms, serving as federal and state prosecutors, leadership positions at the Texas Attorney General’s Office, and acting as in-house counsel for a Fortune 100 company.

We can handle any matter, large or small. We have represented clients in a wide range of industries, including software, manufacturing, e-commerce, financial institutions, digital media, solar, ag-biotech, educational institutions, and chemicals. We litigate commercial disputes, business torts, fraud, intellectual property matters, trade secret claims, civil cybercrimes, shareholder/fiduciary litigation, oil & gas litigation, and supply-chain disputes.

Technology Litigation

We understand the unique challenges associated with technology-related disputes, whether they involve threats to your intellectual property, your online reputation, or the security of your digital assets. At Wittliff Cutter, our goal is to prepare effective and efficient strategies for handling these kinds of disputes. Our partners work closely with you to determine your objectives and your specific business needs. Whether you are pursuing “bet-the-company” litigation or early and efficient settlement, we are here to help you achieve your goals.

Intellectual Property

Whether you are a public company or a tech startup, we can help you defend and enforce your intellectual property rights. This includes handling patent, copyright, trademark infringement, trade secrets misappropriation, Lanham Act, and unfair-competition disputes.

Patents. Wittliff Cutter’s patent experience includes representing plaintiffs and defendants in a variety of patent litigation matters, including software, network and wireless technologies, electronic devices, consumer products, and color-display technologies. We have successfully represented inventors and large publicly-traded companies in patent disputes.

Trademarks. Our trademark advocacy experience includes bringing and defending federal and state trademark infringement claims, prosecuting, and managing trademark registrations before the U.S. Patent and Trademark Office, handling “cybersquatting” matters, and arbitrating domain name disputes under the Uniform Domain-Name Dispute-Resolution Policy (UDRP).

Copyrights. Wittliff Cutter regularly represents clients in copyright matters, including asserting and defending copyright infringement claims and Digital Millennium Copyright Act (DMCA) claims.

Licensing. Our attorneys frequently negotiate technology licenses, on the buyer and supplier sides, and we leverage this experience to provide highly effective advocacy when licensing disputes arise.

Online Defamation and Harassment

We have extensive experience counseling clients and litigating cases involving digital media, online communications, and free speech. Our partners have handled lawsuits ranging from defending libel suits against websites to challenging false and misleading social media postings. We frequently serve as counsel to companies and individuals seeking to stop online smear campaigns, and we use a variety of technological and legal tools to help identify the bad actors responsible for such campaigns.

Cybercrime and Cyber Torts

Wittliff Cutter has deep experience with digital forensics and frequently uses digital forensics experts to identify and obtain key evidence in its cases. Our practice in these areas is headed by one of our founding partners, Reid Wittliff, who has been appointed by federal and state judges to serve as a Special Master on complex electronic discovery issues, including matters involving large quantities of digital evidence and sensitive trade secret information.

Employment Litigation

Our attorneys are experienced in helping public and private companies, nonprofits, and international corporations avoid and solve legal workplace problems. We help employers manage risk in the workplace, avoid lawsuits, and develop personnel policies and procedures. Our work also includes hiring/discharge advice, benefits, wage and hour compliance, employment-related litigation, and other labor and employment related issues that might confront a business.

We represent employers of all sizes in a range of industries, including technology, health care, hospitality, real estate, construction, insurance, education, retail, professional services, and financial institutions. We work hand-in-hand with our litigation and corporation groups to achieve results for employers of all sizes in a wide range of cases.

Experience

Our employment team has a deep knowledge and understanding in the importance of conducting internal investigations and counseling on the front end of issues to help your business avoid costly litigation. We help employers by reducing wage and hour liability, presenting hiring and termination best practices, advising on independent contractor classifications, and avoiding labor code violations. However, when litigation is inevitable, our team is skilled in resolving disputes in an efficient and effective manner.

Practice Capabilities

We can handle any size matter – from a Fair Labor Standards Act class action to a single employee Title VII lawsuit. Our partners have tried cases of all sizes and successfully won dispositive motions in state and federal court. We have significant experience defending and investigating claims of sexual harassment, defending Equal Employment Opportunity litigation, and representing businesses in non-competition, breach of contract, and trade secret litigation. Our team practices both in Texas and nationwide and can represent employers from coast to coast with employment issues.

In addition to our employer side work, we regularly represent executives and other high-level individuals in the negotiation of separation and employment agreements.