Trials & Litigation

Trials & Litigation

Our litigation practice is led by Pam Deitchle, who has litigated, tried, and appealed disputes in federal and state courts and arbitration hearings for almost 20 years. Many were “bet the company” cases for businesses or involved important questions of law with significant financial impact for the State of Texas.

Our attorneys have strong records for resolving disputes before they mature to litigation and for filing winning motions or settling cases that should be settled early in a litigation. But we’re also prepared to try every dispute we take on. And, unlike many litigation firms or trial lawyers, we also are appellate practitioners who know how to build a trial case to preserve issues for appeals.

Our Approach

Deitchle + Simone's approach is unapologetically measured and outcome-oriented. Everything has a practical purpose: advancing a case to trial or resolution. Our clients – and opposing parties, witnesses, judges, and juries – can expect us to be prepared, proactive, strategic, and principled. We’re extremely proud of our reputation as credible, effective advocates and negotiators and how we effectively communicate complex or even uncomfortable factual or legal issues.

We’ve litigated and tried cases for a broad range of clients in many industries. We love tough cases, especially those involving technology and against "big guns."

We understand that many businesses aren’t sitting on a litigation expense slush fund. The simple truth is that you don't need an army of lawyers to win a case. You need a lean team that's invested in you, not generating billable hours. Our experience and approach respects that our time is your money, and that you want to get out of the courtroom and back to business. Depending on the case, we may be able to offer flexible or alternative fee agreements so we both have some skin in the game. One more thing: we have not, and will not, represent insurance companies.

Based in Austin, we practice in Texas state, federal, and appellate courts. We also handle select matters in California and other states. Learn more below or contact Deitchle + Simone for additional information.

Capabilities

  • Commercial disputes
  • Breaches of contract
  • Disputes between partners, joint venturers, investors, and shareholders
  • Business dissolution or wind-up disputes
  • Trademark infringement
  • Copyright infringement
  • False designation of origin
  • Misappropriation of trade secrets
  • Interference with contract
  • Employment or contractor disputes
  • Breaches of nondisclosure agreements
  • Breaches of noncompete agreements
  • Fraud
  • Actions for declaratory relief, specific performance, monetary damages, and injunctive relief (TROs, preliminary injunctions, and permanent injunctions)
  • Interlocutory appeals
  • Appeals
  • Petitions for review and Supreme Court merits briefing

Litigation & Trial Experience

  • Won jury trial for sellers of online coupon website who were sued for breach of contract, breach of noncompete, fraud, and other actions related to the sale of the website to major consumer website publisher. Complete defense victory. Won multi-million-dollar award on counterclaim. Verdict upheld on appeal.
  • Won multi-million-dollar award for digital branding agency in a breach of contract arbitration.
  • Won TTAB Opposition trial on behalf of high-profile entertainment production company to block registration of nearly identical trademarks.
  • Achieved defense verdict for video game software client after four-week-long jury trial in breach of contract, fraud, business interference, and trade secret case. Obtained favorable settlement for client before retrial of final outstanding claim.
  • Successfully litigated and resolved bet-the-company litigation for software developers accused of copyright infringement, computer hacking, fraud, misappropriation of trade secrets, and breaching noncompetes.
  • Obtained permanent injunction for documentary filmmaker whose film was stolen.
  • Obtained permanent injunctions for many trademark owners whose rights were infringed.
  • Won jury trial against title insurance company for failing to disclose utility easement.
  • Completed successful trial in Court of International Trade to eliminate tariffs assessed on imported goods.
  • Won bench trial upholding the Texas Comptroller’s sales tax assessment for data processing services. Verdict upheld by Texas Court of Appeals and Texas Supreme Court.

Appellate Experience

  • Won multiple appellate actions in Texas Supreme Court and Texas Court of Appeals on behalf of Texas Comptroller.
  • Won federal Ninth Circuit Court of Appeals case upholding multimillion-dollar jury award (on a counterclaim) and complete defense victory for sellers of coupon website.
  • Won California Court of Appeals case affirming imposition of terminating sanctions for discovery abuse in a tech deal gone bad.

Speak with Us About Your Legal Needs

To consult with us about how we can use our experience to advocate for you, contact Deitchle + Simone.

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