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
- United States Court of Appeals for the Fifth Circuit
- United States District Courts for the Eastern, Northern, Southern and Western Districts of Texas
Articles & Speeches
- September 2015 — “Ethical and Legal Obligations of Local Counsel” published in Dallas Bar Headnotes
- October 2014 — “How to Play a Losing Hand” published in Dallas Bar Headnotes
- September 2014 — “ADA and FHA Issues for Real Estate Decision Makers” Webinar
- May 2014 — “Accessibility Litigation, is Ignorance Really Bliss” article in CIRE magazine
- June 2104 — “An Unwanted Vacation – Non-Competition Agreements in Texas” webinar for the Swedish American Chamber of Commers
- March 2014 — “Understanding, Avoiding and Defending Accessibility Lawsuits” webinar for TASA.org.
- 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 Centers.
- November 2013 – Webinar on ADA issues for retail tenants presented to the National Retail Tenants Association
- October 2013 – Webinar on ADA Pool Lift requirements for a private industry group.
- May 2013 – Understanding the Battlefield, an Overview of Litigation in U.S. Courts. (Dallas French American Chamber of Commerce).
- April 2013 – Avoiding FHA and ADA Litigation (Texas Apartment Ass. Expo)
- 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