Jonathan M. Hyman
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1300 Post Oak Blvd. Suite 2000
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Jonathan has obtained favorable verdicts, judgments and settlements on behalf of both plaintiffs and defendants in a wide variety of complex business litigation matters, including cases relating to fraud, fraudulent transfer, breach of contract, UCC, DTPA, employer/employee contracts (including non-competition agreements), trade secrets and wrongful death. In recent years, Jonathan has focused on the litigation of franchisor/franchisee disputes as well as the representation of employers in employee compensation, non-compete and trade secret disputes.
Area of Practice
Recent News
Representative Experience
Commercial Litigation
Won a $1.9 million verdict on behalf of a manufacturer in a suit against its former distributor and subsequently pursued fraud, fraudulent transfer and alter ego claims against the distributor's principals. The case settled less than a month before trial on terms very favorable to the manufacturer after defendants' multiple summary judgment motions were denied.
Obtained a $2.5 million dollar settlement on behalf of a manufacturer in a lawsuit against Computer Associates. The manufacturer asserted claims against Computer Associates - its software provider -- for breach of warranty and fraud resulting from defective software provided by Computer Associates. The software license agreement contained a limitation of liability provision purporting to limit the manufacturer's damages to approximately $350,000.
Obtained a $2.6 million dollar settlement on behalf of a Singaporean bio-fuel producer in a breach of contract suit against the counter party to a bio-fuel purchase and sale agreement.
Successfully defended Six Flags Theme Parks in a $2 million breach of contract suit filed by a former concessionaire at the Six Flags Astroworld and Splashtown theme parks in Houston, and obtained an award of the balance due on the concessionaire's contract with Six Flags.
Successfully defended an arbitration proceeding on behalf of an estate's executrix. The claimant sought $500,000 in damages in connection with its representation of the decedent in a shareholder oppression lawsuit tried in Victoria County. The arbitrator granted the estate's declaratory judgment and awarded the claimant only $17,600.
Employment Litigation
Successfully defended an energy brokerage firm in a week long arbitration against a terminated executive. The executive sought more than $2 million in damages. The arbitrator ruled the executive was terminated "for cause," the agreement was not breached and awarded the executive less than $200,000 in damages.
Obtained a temporary restraining order on behalf of a commercial energy brokerage firm in a suit against its former employee for breach of a non-competition agreement. The case settled prior to the temporary injunction hearing after the former employee and his new employer agreed to the restrictive covenants and reimbursed the energy brokerage firm for its legal fees.
Secured a dismissal without payment of consideration on behalf of a Singaporean plastics manufacturer in a suit against its U.S. sales representative. The sales representative had sought $6,000,000 in actual damages.
Successfully defended employees of a British staffing firm against non-competition and misappropriation of trade secret claims brought by the employees' former employer.
Secured a dismissal without payment of consideration on behalf of commercial energy brokers in a breach of fiduciary duty and misappropriation of trade secrets lawsuit brought by the brokers' former employer. The claimants had sought in excess of $500,000 in actual damages.
International
Represented U.S. based clients in a wide range of international arbitration and assisted with court proceedings involving breach of contract, the recovery of losses from fraud and other employee misconduct in foreign countries including Brazil, Turkey and Singapore.
Wrongful Death
Successfully defended a multi-national corporation by the heirs of a woman who died at a vacation home operated in St. Maarten, Netherlands Antilles. The claimants had sought over $30 million in actual damages, plus exemplary damages.
Professional Activities, Memberships & Affiliations
State Bar of Texas.
U.S. District Court (Southern and Northern Districts of Texas).
American Bar Association.
Houston Bar Association (Litigation Section).
Education
1998 - B.A., Tulane University, Cum Laude
2001 - J.D., Tulane School of Law, Cum Laude
Honors
Named a "Professional on the Fast Track" by H Texas Magazine .
Named Top Lawyer by H Texas Magazine, 2010
Selected as a Rising Star by Texas Monthly and Law & Politics magazine, 2007 - 2010.
