Richard is certified in Civil Trial Law by the Texas Board of Legal Specialization and has tried jury and non-jury cases throughout the state of Texas since 1981. His work on ADA and FHA defense matters includes consulting with a wide variety of clients on ADA and FHA compliance issues, defending developers, retailers, shopping centers, banks and other enterprises in ADA and FHA litigation as well as frequent speaking engagements and webinars on avoiding and winning ADA and FHA lawsuits. He teaches Disability Law at the SMU Dedman School of Law, and his blog, “Accessibility Defense” serves as a resource for hundreds of attorneys, accessibility experts and others involved in ADA and FHA litigation. In addition to his work on ADA and FHA accessibility issues Richard represents clients in disputes covering the entire spectrum of business related litigation including:
- Prosecution and defense of complaints based on state and federal securities law, common law fraud and the Racketeer Influenced and Corrupt Organizations Act (RICO) in state and federal court as well as before the AAA and FINRA.
- Prosecution and defense of claims for breach of oil and gas related contracts and royalty disputes.
- Representation of oil and gas producers, pipelines and refiners in claims arising out of environmental contamination.
- Representation of employers and employees in disputes concerning non-competition agreements, theft of trade secrets and discrimination.
- Prosecution and defense of claims for trademark infringement, copyright violations and theft of trade secrets.
- Prosecution and defense of claims related to the sale and financing of real estate acquisitions, including brokerage disputes.
- Represented a technology company in a lawsuit to enforce its non-competition agreement against a former employee. Obtained an injunction prohibiting the former employee from working in related fields for one year.
- Represented employee of an education business sued by former employer on non-competition agreement. Obtained dismissal of the non-competition agreement and payment to client for lost wages.
- Represented a major investor in Auction Rate Securities in four separate FINRA arbitration proceedings against the broker-dealers and underwriters. All four cases were settled on favorable terms.
- Represented apartment owner in class action lawsuit concerning ADA and related state law claims. Obtained full indemnity from prior owner and settled with plaintiff class.
- Represented landlord in class action against tenant and others concerning ADA and related state law claims. Obtained full indemnity from tenant and settled with plaintiff class.
- Represented bankruptcy trustee in adversary proceeding concerning ownership and disposition of internet domain names. Obtained a judgment in favor of the trustee after trial.
- Represented auto finance company in dispute with competitors based on claims of unfair competition. Obtained judgment in favor of the client after trial.
- Represented dental laboratory in dispute with competitor over non-competition agreements. Obtained an arbitration award in favor of the client.
Memberships & Affiliations
- Dallas Bar Association, Business Litigation
- French-American Chamber of Commerce, Dallas/Fort Worth Chapter
- State Bar of Texas, Litigation and Oil, Gas and Mineral Law Sections
- Texas Board of Legal Specialization, Civil Trial Examination Committee
Awards & Honors
- AV® Preeminent™ Peer Review Rated, Martindale-Hubbell
- Super Lawyers, Thomson Reuters, 2004, 2014, 2015, 2016, 2017.
- United States District Courts for the Eastern, Northern, Southern and Western Districts of Texas
- United States Court of Appeals for the Fifth Circuit
Articles & Speeches
- Oct. 2017 – “Everything you need to know about the ADA” – Dallas Bar Ass’n Solo and Small Practice Sectin.
- Sept. 2017 – “Get it Right the First Time, Dealing with ESA Requests” – public webinar.
- August 2017 – “Fair Housing Act Basics” – private client webinar
- April 2017 – “Lawyers, Clients and the ADA” Fort Worth Bar Association Real Estate Section.
- March 2017 – “You and the ADA” Dallas Bar Association Real Estate Section.
- February 2017 – “Understanding the Fair Housing Act” – private client webinar.
- October 2016 – “DIY ADA Compliance” – Dairy Queen Operators Association
- October 2016 – “Law Firms and the ADA – Private Firms are Public Accommodations” Dallas Bar Association Headnotes.
- September 2016 – “Basic Fair Housing Act Training.” Private webinar for managers and officers of property management company.
- August 2016 – “ADA web litigation threats.” private webinar for clients of a web design vendor.
- July 2016 – “Phoney Business – dealing with FHA telephone ‘testers’” public webinar
- June 2016 – “Avoiding ADA Lawsuits, a DIY Guide” public webinar
- May 2016 – “ADA for Mediators” seminar for the Alternate Dispute Resolution section of the Dallas Bar Association.
- April 2016 – “Just Say No to Bogus ESA Requests” public webinar.
- March 2016 – “Current ADA and FHA issues for municipalities” presented to the office of the City Attorney for Dallas, Texas.
- February 2016 – “Dealing with deaf and hearing enabled tenants” private client webinar
- January 2016 – “ADA and the Internet, Shelter from the Storm” public webinar
- January 2016 – “Drive-by Litigation” presentation to a private group of restauranteurs in Midland, Texas.
- September 2015 – “Ethical and Legal Obligations of Local Counsel,” Dallas Bar Association Headnotes
- November 2014 – “Avoiding ADA Litigation for Retail Tenants” public
- October 2014 – “ADA and FHA Compliance for Apartment Managers” public
- October 2014 – “Playing a Losing Hand” article for the Dallas Bar Association
- September 2014 – “ADA and FHA Overview for Decision Making Executives” public
- May 2014 – “Accessibility Litigation” in Commercial Investment Real Estate
- February 2014 – “Staying out of Court: A Sensible Approach to Avoid the Threat of Litigation for Shopping Center Owners” webinar for the International Council of Shopping
- January 2014 – “ADA and FHA accessibility issues for decision making executives,” a private seminar for a client executive
- November 2013 – “ADA issues for retail tenants” webinar for the National Retail Tenants’ Association
- September 2013 – “New ADA pool requirements” private webinar for association of pool maintenance and service
- April 2013 – “Avoiding FHA and ADA Litigation” seminar for the annual Texas Apartment Association
- April 5, 2012 — Supervising Other Lawyers: The Essentials
- February 21, 2012 — Practical Responses to Accessibility Litigation
- December 2010 — A Quick Guide to “Discovery” in U.S. Courts
- March 2010 — A Quick Guide to the U.S. Court System
- May 2009 — Effective Use of Local Counsel
- Fall 2008 — Chapter 95 and Oilfield Operations
- August 2006 — New Challenges in the Use of Experts in Energy Litigation
- Fall 2005 — Prospects As Trade Secrets
- Fall 2005 — A Primer on Injunctive Relief in Federal and State Court
- October 2, 2005 — Y2K Litigation — Boom or Bust?
- August 2005 — Using United States Discovery Tools in European Litigation
- December 1993 — Past Time for the End of an Era: “Tort” Implied Warranties in Texas
- June 1989 — Common Law Defenses to Claims DTPA
- The University of Texas School of Law, Juris Doctor
Graduated with Honors
- Rice University, Bachelor of Arts – Graduated magna cum laude