Related services and key industries
Biography
A partner in the firm's Dallas office, Mr. Cox maintains a nationwide trial and appellate practice focused on helping businesses solve their most difficult problems and win their most important commercial disputes.
Over the last several years, he has represented private equity companies, commercial real estate developers, oil and gas companies, renewable energy companies, hospital systems, and several brand-name, publicly traded retailers and motion picture theatre companies. Across these industries, he has tried numerous cases to final verdict or award, including:
- A six-week jury trial in California (defending antitrust claims brought against publicly traded theatre company);
- A three-week jury trial in Austin, Texas (defending breach of contract/negligent misrepresentation claims brought against hospital development company);
- A one-week bench trial in New Mexico (defending statutory claims brought against private-equity backed technology company);
- A two-week AAA arbitration in Houston, Texas (defending fraud/breach of fiduciary duty claims brought against oil and gas company);
- A one-week arbitration in Austin, Texas (pursuing breach of contract claims against multi-family real estate developer);
- A one-week arbitration in Dallas, Texas (defending breach of contract claims brought against multi-family real estate developer); and
- Five different FINRA arbitrations spread across the country (customer-member disputes against banks).
Mr. Cox also often represents clients in fast-paced, high-stakes temporary restraining order and preliminary injunction matters, having both secured and defeated injunction applications within the last two years. For example, he served as lead counsel to a private-equity backed distribution company that was sued by a competitor for allegedly causing a high-profile industry member to breach his non-compete agreement. In that case, Mr. Cox and his team secured complete victories at two seperate preliminary injunction hearings. Mr. Cox also recently secured a preliminary injunction for an international mechanical services company against a Vietnam-based refinary that had attempted to abscond with a large performance guaranty. In each of these instances, Mr. Cox and his team developed an expedited discovery strategy that allowed them to secure the documents and testimony needed to prevail at injunction hearings held only weeks after the lawsuits were initiated.
Beyond the trial courts, Mr. Cox also has experience serving as lead counsel in both state and federal appellate courts. In that regard, Mr. Cox and the team of lawyers with whom he works have recently secured three take-nothing victories for clients faced with a vast array of claims. For example, in a hotly-contested case that spanned eight years, Mr. Cox argued to the Texarkana Court of Appeals that judgment should be rendered in favor of one of his oil and gas clients because the evidence adduced in the trial court did not support the trial court's judgment. The Court of Appeals agreed and issued a 63-page opinion that reversed the trial court's decision and rendered judgment in favor of Mr. Cox's client. Mr. Cox likewise recently served as lead appellate counsel on behalf of a publicly traded bank in an appeal pending before the United States Fifth Circuit Court of Appeal. In that case, the Fifth Circuit issued a unanimous opinion affirming the district court's dismissal of all claims asserted against Mr. Cox's client.
Professional experience
Collapse allJD, summa cum laude, Texas Tech University School of Law
BA, cum laude, Political Science, University of the South
- Texas State Bar
- Served as lead trial counsel for technology company sued by approximately 500 incarcerated individuals for alleged violations of New Mexico statutory law; after plaintiffs rested, Mr. Cox made a motion for directed verdict that the Court granted, resulting in a complete trial victory for the defense.
- Served as lead counsel to private equity company investing in healthcare industry sued by the Department of Justice in $360+ million False Claims Act case; after the district court granted two motions to dismiss in favor of the firm's clients, negotiated a settlement that equated to less than 0.5% of the damages originally sought by the Department of Justice.
- Tried two seperate but related arbitrations to final award on behalf of commercial real estate development company after its co-developer breached $40 million construction contract; in the first abitration, after defeating all adverse claims, the firm secured a $3.55 million award in favor of our client; in the second arbitration, the Panel denied the opposing party's claims.
- Tried six-week jury trial on behalf of publicly traded theatre company in $30+ million antitrust case involving claims for violation of the Cartwright Act; following the jury trial, served as co-lead architect of appellate strategy and briefing that ultimately resulted in a take-nothing appellate decision in favor of the firm's client.
- Served as lead counsel for private-equity backed distribution company sued by a competitor for alleged non-compete violations; led team that defeated multiple injunction requests, which ultimately led to the dismissal of the lawsuit.
- Won motion to dismiss in federal court on behalf of publicly traded bank in case involving claims for conversation, unjust enrichment, and money had and received; following the trial court proceedings, served as lead appellate counsel in plaintiff's appeal to the Fifth Circuit, which affirmed the trial court's decision.
- Represented defendant in three-week, $35 million jury trial in Travis County, Texas, involving claims for trade secret misappropriation, breach of contract, and negligent misrepresentation; co-led appellate team that secured a take-nothing appellate decision in favor of the firm's client.
- Represented private oil and gas investment company in protracted trial court litigation against a much larger oil and gas exploration company that included claims for breach of contract, fraud, negligent misrepresentation, unjust enrichment, and money had and received; after the trial court entered judgment, served as lead appellate counsel in proceedings that produced a complete victory for the firm's clients in the form of a reverse-and-render decision from Sixth Court of Appeals.
- Represented Texas-based oil and gas company in a two-week, $50 million arbitration in Houston, Texas, involving claims for breach of fiduciary duty, breach of the prudent operator rule, and fraud.
- Represented large hospital system in contentious breach of contract case brought by tenant that included multiple preliminary injunction proceedings, multiple appeals, and myriad non-evidentiary hearings prior to resolution.
- Represented renewable energy company in contentious lease dispute with landlowners
- Obtained expungement for broker as lead counsel in FINRA arbitration involving suitability claims
- Obtained complete pre-trial dismissal of all claims as lead counsel for a broker-dealer in a FINRA arbitration involving fraudulent transfer claims
- Served as lead trial counsel for a broker-dealer at a three-day FINRA arbitration involving claims for breach of fiduciary duty, negligence, and failure to supervise
- Served as lead trial counsel for a broker-dealer at a two-day FINRA arbitration involving failure to execute claims
- Obtained complete dismissal of all claims after a final hearing at a FINRA arbitration involving claims for breach of contract pertaining to the administration of a 401(k) plan
- Obtained complete dismissal of all claims after a final hearing at a FINRA arbitration involving a failure to execute claim
- The Best Lawyers in America - Appellate Practice, Best Lawyers, 2024
- Lawdragon 500 X – The Next Generation, Lawdragon, 2023
- Legal 500 USA, recommended lawyer, Dispute resolution - General commercial disputes, The Legal 500, 2018 - 2019
- Legal 500 USA, next generation lawyer, Dispute resolution - General commercial disputes, The Legal 500, 2018
- Under 40 Hot List, Benchmark Litigation, Euromoney PLC, 2018 - 2020
- Texas Rising Star, Business Litigation, Thomson Reuters, 2014 - 2021
- Acritas Star, Acritas, 2021
- "Top Business Case of 2019," presented at the Norton Rose Fulbright Litigation Summit, January 29, 2020
- "Top Business Cases of the Year," presented to the Association of Corporate Counsel, August 20, 2020
- State Bar of Texas
- Dallas Bar Association
- Dallas Association of Young Lawyers
- Patrick E. Higginbotham American Inn of Court, Associate (2009 - 2010)
News
25 lawyers recognized as 2022 Texas Rising Stars
March 22, 2022
2021 Acritas Stars features 177 NRF lawyers
July 22, 2021