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AV rated by Martindale Hubbell Law Directory, Gary Powell focuses on business litigation involving various types of contracts, real estate, lease disputes, agency contracts, wrongful interference with contract, insurance coverage disputes, and deceptive trade practices. In one case, for example, he was lead trial lawyer in the defense of a large national retailer against five franchisees suing to recover over $5 million in alleged damages. Mr. Powell also has experience in secured transactions, lien priority litigation, creditor's rights, and remedies, including extraordinary remedies for asset recovery and trust, estate and probate litigation. In addition, he is experienced in antitrust, franchise, and distribution litigation, telecommunications litigation, and uniform commercial code litigation. Mr. Powell defended a telecommunications company against claims brought in federal court by several other telecommunications companies under the Federal Telecommunications Act of 1996 in which he obtained summary judgment dismissing the plaintiffs' claims. Education J.D., University of Alabama School of Law, 1983 Associate Editor, Law and Psychology Review 1982-83 Chairman, Moot Court Board 1982-83 Bench and Bar Legal Honor Society Order of Barristers B.A., History and Political Science, magna cum laude, University of Alabama, 1980 Phi Beta Kappa Bar Admissions Texas Alabama Representative Experience Lead trial lawyer in a four week trial defending large national retailer against suit by five franchisees who owned 23 store locations suing to recover over $5 million in alleged damages. Defended large janitorial franchisor against a federal court lawsuit by a former franchisee who claimed unspecified millions in damages for alleged fraud, misrepresentation, deceptive trade practices, breach of contract, and violation of federal and state franchise and business opportunity laws. Defended telecommunications company against claims brought in federal court by several plaintiffs, telecommunications companies, asserting claims under the Federal Telecommunications Act of 1996 and its implementing FCC regulations. Defended owner and manager of large apartment complex against individual and class action claims alleging personal injuries and millions of dollars in damages caused by mold contamination. Obtained summary judgment for a telecommunications company sued in state court by another telecommunications provider for carrier services involving complex transactions and electronic records. Defended manufacturer in the high-speed document processing industry sued in federal court by the manufacturer’s former Mexican distributor alleging that the distributor had an exclusive contract to distribute manufacturer’s products in Mexico and Latin America. Defended large national retailer against suit by senior executive terminated for manipulation of sales figures and defended the retailer’s employment arbitration plan against attack in federal district court and in state district and appellate courts, in the first case challenging the plan; answered plaintiff’s challenges to the retailer’s employment arbitration plan in federal and state court. Defended California-based computer repair and industrial warehouse company in state court against claims by a telephone switch repair company alleging millions of dollars in damages for alleged breach of contract, fraud, misrepresentation, deceptive trade practices, and tortious interference with other contracts. Represented plaintiff's commercial/office/industrial property owners and landlords in scores of disputes with tenants regarding a wide assortment of lease disputes regarding maintenance of the premises, rent issues, uses and operations, and covenants. Reported Decisions Phonetel Technologies, Inc. v. Network Enhanced Telecom, 197 F. Supp. 2d 720 (E.D. Tex. 2002). Publications & Presentations Residential and Commercial Evictions in Texas, Seminar sponsored by the National Business Institute, 1996 Lease Enforcement Remedies from the Landlord's Perspective, Seminar sponsored by CLE International Spring 2002; Fall 2004 State Bar of Texas, Litigation Section, The Advocate, "Real Estate Remedies: Lis Pendens", Fall 2005 Professional History Partner in the law firm of Locke Liddell & Sapp LLP Law Clerk to U.S. District Judge A. Joe Fish, Northern District of Texas at Dallas, 1985-86 Law Clerk to U.S. Magistrate Judge John Roper, Southern District of Mississippi at Biloxi 1983-85 Professional Affiliations AV rated by Martindale Hubbell Law Directory (highest available rating denoting legal ability from very high to preeminent) Member, American Bar Association, Litigation Section Member, Committee on Litigation Management and Economics Member, State Bar of Texas, Litigation Section Active in providing pro bono legal services to the poor Recipient, Distinguished Pro Bono Service Award, 1987 Recipient, Pro Bono Service Award, 1990 Recipient, Pro Bono Service Recognition, 1995. |
