O’Toole Atwell PC

Call For A Consultation

(512) 686-8648

Business & Commercial Litigation

O’Toole Atwell PC

Brian J. O’Toole and Christopher D. Atwell have assisted numerous Texas and Colorado clients in working through business and commercial litigation issues. Find out how our depth of experience can work in your favor. Call our Austin-based offices to discuss your legal needs at (512) 686-8648.

Brian’s Recent Work Includes:

  • Trademark infringement: represented international import company in the prosecution of infringer on trademark in federal court in Northern District of Texas. Case settled before trial.
  • Breach of distribution agreement: represented national product broker in dispute with out-of-state distributor concerning placement of products in Wal-Mart in district court in California. Case settled days before trial.
  • Partnership dispute: represented major developer in defense of breach of contract and breach of fiduciary duty claims all the way to Texas Supreme Court where decision at trial court was reversed and rendered in favor of developer client.
  • Shareholder dispute: represented minority shareholder against majority shareholder in dispute concerning medical practice filed in district court in Tarrant County. Case settled before trial.
  • Breach of contract and breach of fiduciary duty: represented claimant in land dispute pending in Travis County probate court.
  • Compliance: represented the Federal Energy Regulatory Commission (FERC), approved Regional Entity for the Electric Reliability Council of Texas (ERCOT), in a contested hearing before the Texas Public Utility Commission to enforce compliance with North American Reliability Corporation (NERC) standards. Case resolved favorably.
  • Product placement: drafted complex distribution agreements for national brokerage company to place products in Wal-Mart.

Recent Engagements For Christopher Include:

  • Represented Colorado-based regional bank and Texas-based credit union in numerous resolutions for distressed commercial real estate loans. Loans ranged in size from $300,000 to over $7.8 million in value.
  • Represented regional bank in suit against insurance broker and insurance company over wrongful denial of flood insurance claim under dubious circumstances. Secured significant settlements against both defendants in amounts sufficient to defray bank’s losses from the wrongfully denied claim based upon a historic flood event.
  • Represented developer in claims against property and casualty insurer arising out of refusal to defend multimillion-dollar claims based upon defective lake construction. Case settled with insurer paying all of client’s defense costs, eventual costs of settlement with plaintiffs, and costs to secure compliance with the policy.
  • Represented Texas credit union in foreclosure of two multimillion-dollar commercial loans, including successful negotiations with tenants to activate assignments of rents pre-foreclosure. Defeated borrower’s requests for temporary restraining order and temporary injunction allowing foreclosures to proceed in a timely manner. Counseled lender on resale of foreclosed properties resulting in sale within 90 days to third party.
  • Represented lenders in dozens of commercial loan originations over last several years. Negotiated with borrower’s counsel to both parties’ satisfaction to ensure that deals would close in a timely manner.
  • Represented severely injured taxicab passenger in personal injury case against taxicab company and cab driver. Case settled on confidential terms.
  • Represented estate in claims against real estate brokers for breach of fiduciary duty involving sale and subsequent flips of valuable hill country ranch property at much higher and undisclosed prices. Case settled on confidential terms.
  • Represented man in claims against former girlfriend who had wrongfully obtained title to multimillion-dollar residential property based on normally unenforceable oral promises. Case settled after favorable judgment in client’s favor.
  • Represented numerous personal representatives in probating testate and intestate estates in Colorado and Texas. Estates ranged in size from de minimus to over $5 million in value.

Contact Our Office

We invite you to learn more about our practice by reaching out to us. Our main office is located in Austin, Texas, and we serve clients throughout Texas and Colorado. Contact us today at (512) 686-8648 or via email to find out how we can put personalized service to work for you in your legal matter.

O’Toole Atwell PC

Call For A Consultation
(512) 686-8648
Business & Commercial Litigation