Representative Verdicts, Judgments and Settlements

2020s:

• Successfully sued and settled a business divorce lawsuit with buyout in the upper six figures of the original founder in 2025 after an initial demand of three times that much by that same opposing founding member to be bought out, leaving our client as the sole owner.
• Successfully settled a business divorce lawsuit in a crypto exchange business with a buyout of the Firm’s client in six figures by the other remaining shareholder of the corporation in 2025, without the client being subject to the original opposing shareholder’s offers, which included onerous non-competition restrictions.
• Successfully filed and settled a business lawsuit in a multimember-owned hospice facility business LLC divorce case where a non-participating and non-contributing member was compelled to be bought out for a low-five-figures in 2025.
• Assisting a business client with a high six-figure commodity-purchase-debt collection in 2025; the case is in discovery and awaiting settlement or trial.
• Successfully settled half of a business lawsuit in a business divorce case, the buyout of our client’s interest, and settlement of a loan note from the company to our Firm’s client in the upper six figures. We are proceeding toward settlement or trial in 2025 -2026.
• Created an LLC entity for a neurosurgeon to invest in a multi-unit real estate project in late 2024 into 2025 and included the client’s children as members to avoid estate taxes and allowing the kids to buy their shares with a gift from the parent settlor or financed by the LLC till a liquidation event when the buyout financing comes due. There is value in the interest for the child to be able to sell or use part of the proceeds to finance their acquisition.
• Assisted physician/surgeon in creating multiple LLCs to protect his assets and avoided estate taxes by making his children members in 2025 through gifts (as here) or through LLC financing of the children’s membership interests pending a liquidity event.
• Successfully filed and settled a commercial real estate fraud case for the Firm’s plaintiff client, amounting to the payment to our client of high six figures, including refunding the purchase price, paying the Firm’s client’s six-figure legal fees, and with the defendants taking back the subject property.
• Won a breach of contract (lease guaranty) business litigation case in the mid-high-six-figures and recovered attorney’s fees, all amounting to the high upper six figures, in 2024.
• Drafted Non-Compete Agreement and revised the client’s Company Agreement for a tech startup in 2025.
• Set up LLCs, drafted their customized Company Agreements, and Children’s Trusts as members or children as direct members for several physicians for asset protection, and avoided estate probate and estate taxes in 2024.
• Set up multiple LLCs and customized Company Agreements for business clients in 2024.
• Assisted client with a business law matter and created a company and customized company agreement for this client in 2024.
• Assisted several physicians in multiple hospital locum tenens negotiations and contract drafting or opposing-party-documents in different parts for revisions in Texas in 2024.
• Created an LLC and customized a Company Agreement for a cattle ranching operation in 2024.
• Negotiated and drafted a medical practice buyout of the Firm’s doctor client and his practice in 2024.
• Assisted physician in negotiations and disciplinary actions with the Texas Medical Board, preventing license revocation in 2024.
• Won a Deceptive Trade Practices (DTPA) business lawsuit in a multi-million dollar case in 2024.
• Assisted a business client in purchasing an art gallery and drafted related agreements in 2024.
• Assisted a tech client with the buyout of one of three members in several businesses in a business divorce buyout in the seven figures, in 2024.
• Provided legal consultation, business transactional services, negotiations, drafting of documents, review and comment on documents, counseling, and strategy for a physician starting a medical practice in 2023.
• Created multiple LLCs and documents for several new businesses in 2023.
• Successfully settled, for a major but confidential sum, a fraud on the federal government qui tam case in 2023.
• Got a $150K full-price refund custom pickup manufactured for EU use, not U.S. use, and sold without a promised title and not legal to drive in the U.S. in 2024.
• Settled a business dispute in the upper six figures in 2023.
• Revised family business structures to enhance asset protection and avoid estate taxes.
• Our Firm is evaluating a potential securities fraud case involving a PA company for failure to disclose division orders in process, which substantially diminished the value below what was originally stated and paid in 2023.
• Represented a new-hire executive in negotiations with a biotech company, drafting of employment documents, reviewing and commenting on the opposing side’s documents, counseling, and strategy, etc., in 2023.
• Created several LLCs, their customized company agreements, and business governing documents for a serial entrepreneur in 2023.
• Formed a PLLC and its customized Company Agreement for a new veterinarian practice in 2023.
• Our Firm represented the plaintiff buyers of a large commercial tract near a medical complex, in litigation, which the seller misrepresented as to how large a building could be built. The case was settled shortly before trial, with the seller defendant taking back the property, refunding the total purchase price, and paying the Firm’s seller client mid-six figures in legal fees in 2022.
• Represented a hotel and motel ownership LLC in a breakup lawsuit to successfully buy out the other member in 2022.
• Represented the Firm’s client in the successful negotiation and purchase of a commercial piece of investment property, including finding a major error in the survey that multiple other professionals advising the other parties missed in 2022.
• Reformed a veterinarian PLLC and renegotiated a major part of the original deal and got a very difficult COA board to accept the changes, in 2022.
• Negotiated and prepared an employment agreement with a new additional vet employee of a vet PLLC.
• Formed family real estate LLC and customized company agreement for a doctor and his family members on their non-residential, i.e., commercial, investment properties.
• Legal consultation and legal transactional services, including, without limitation, one or more of the following: negotiations, drafting of formation and governing documents, review and comment on documents, counseling and strategy, etc., in 2022.
• Turned around a lawsuit against our victim client where the malfeasant member sued first trying to appear to be the victim; we repealed the case to properly align our client as the true plaintiff, then created the circumstances for the company to be put in bankruptcy to wash out the opposing parties’ bogus claims, in 2021.
• Formed an LLC oil company and drafted a customized Company Agreement, negotiated and conducted negotiations with an investor to establish the company.
• Drafted the Terms and Conditions for an e-commerce travel business to insulate against bogus refunds and other bogus travel-refund-related claims in 2021.
• Conducted successful negotiations for a captive practice with a hospital and revised the hospital’s drafted documents to protect the physician client of the Firm in 2020.
• Filed, prosecuted, and settled for just shy of a million dollars ($1M) a tractor truck collision with the Firm’s client’s SUV and trailer, even though the client had a relevant major preexisting condition, in the summer of 2020.
• Filed and successfully settled for our client multiple lawsuits representing our client, a plaintiff tech company, against multiple malfeasant defendants, including many other tech companies that breached contracts or committed fraud from 2004 through the present.
• Formed an LLC and customized a company agreement for a co-working space company. For the same client, the Firm assisted in the creation of a non-profit company to stage events and charity projects in 2020.
• Formed two LLCs to own two art galleries for a wealthy client and drafted customized company agreements for them; continued advising the client on business issues associated with the galleries and his other assets in 2020.
• Drafted and filed with the SEC a securities whistleblower complaint against a national investment funds company based in Texas; arranged interviews between the SEC and the Firm’s clients. The investigation is pending before the SEC in 2020.
• Created a commercial real estate LLC (physician-owned) and its customized company agreement for an entire floor of offices for a larger neurosurgeon practice of five physicians and staff in 2020.
• Formed a five-member neurosurgeon physician PLLC; drafted the complex company agreement; and negotiated a foundational contract between the PLLC and one of the largest national hospital chains in 2020.
• For a cardiologist-physician, created a PLLC, negotiated a contract between the PLLC and a major hospital company, and drafted the final Physicians Services Agreement in 2020.
• Negotiated hospital privileges and a physician’s service contract with our doctor client and a major hospital in another part of Texas, in 2020.

2010s:

• Bought a Kauai hotel out of bankruptcy for a client, then sued the malfeasant management company, settled with them, vetted a new management company and got them in place, and convinced the client to purchase the property to escape a 99 lease with just two decades left. The hotel now cash flows mid-six figures on a monthly basis and is the client family’s most profitable asset in 2019.
• Negotiated and drafted a physician practice agreement, an escalating raise clause, and an equity earn-in arrangement for a doctor with a Texas hospital in 2019.
• Negotiated and prepared a physician practice agreement between a doctor and a hospital in the central Texas area in 2019.
• Negotiated and prepared a physician practice agreement between a doctor and a hospital in the North Texas area in 2019.
• Tried and won a case for a doctor client against a former practice group, winning a high six-figure arbitration award for the client in 2018.
• Filed a multimillion-dollar qui tam lawsuit against government contractors. The case was settled for a confidential sum in 2018.
• Assisted a telemedicine start-up with internal management restructuring, followed by company conversion of form and business model restructuring, and long-term business strategy, in 2016.
• Settled case for client manufacturer over defective equipment costing less than $30,000, resulting in a settlement of over $1,000,000 on a defective product, in 2015.
• Settled a case for a client doctor against a large insurance company in 2014 in the upper six figures.
• Successfully settled a lawsuit against a former employee client for violation of the noncompete agreement and use of confidential client information in 2014.
• Pursued a lawsuit for the client company against one of its founding shareholders, resulting in a successful negotiated and structured buy-out of the shareholder client in 2014.
• Represented a plaintiff in a shareholder oppression case/breach of fiduciary duty case seeking to recover millions of dollars in money damages and real estate for the company in which he owned an interest. After a 2-week trial, a jury verdict was issued in the client’s favor for more than $3.5 million in 2011, after which the case settled for a seven-figure value.
• The Firm successfully sued and settled with a scientific visual device tech firm on behalf of a shareholder and terminated a cofounder and employee; obtained a company buyout of the client’s interest and payment of unpaid salary of six figures, in 2010.

2000s:

• Successfully sued and settled with a departing co-founder and officer for an Austin-based biomedical startup to enforce a noncompete agreement in 2009.
• Took over late in the case the representation for a defendant hospital system in the Texas Rio Grande Valley sued by the largest contract pharmacy services for hospitals company in the United States; the Firm took the critical deposition in the case and through that and other strategies engineered a settlement representing a reduction by approximately the low eight figures of the much larger contract claim amount of drugs, services, penalties and interest billed and pled by that contract pharmacy services provision company, in federal court, in 2009.
• Represented a defendant software executive in a noncompete lawsuit brought by a major U.S. software company, reaching a mutually agreeable settlement in 2008 in which the client paid nothing.
• $1.16 million federal court fraud jury verdict and judgment for wealthy client against New Jersey Company and majority shareholder, in 2008.
• Represented a major Texas software firm successfully suing and settling with a rival software firm, cancelling a non-compete provision covering multiple departing employees, in 2007.
• Six-figure settlement for shoe designer client in lawsuit against Fortune 500 shoe manufacturer in 2007.
• Securities mismanagement arbitration case, the Firm was prosecuted for a wealthy client against Goldman Sachs in 2007. The results are confidential.
• On behalf of the creator and main founder of another biomedical start-up company, the Firm, with Mr. Burk as lead counsel, sued the CEO and one other founder who misled investors, resulting in a settlement stripping that CEO and other defendant founders of their shares and company positions, in 2006-2007.
• The Firm with Mr. Burk as lead trial counsel obtained a $7 million jury verdict and resulting judgment for a national distributor/fabricator of window coverings against an East Coast Fortune 500 company in 2003. On appeal, the court reduced the judgment amount, still leaving a multi-million dollar judgment.
• Mr. Burk achieved settlements for several plaintiff doctors’ practice groups in Texas, highly favorable to the doctors against a major medical practice management company based in Texas, in 2002-2003.
• The Firm successfully sued and settled a multi-doctor business practice on behalf of a doctor specialist who was being oppressed and disadvantaged by the other doctors in the group, in Arkansas between 2000-2001.

1990s:

• Successfully sued and obtained a restoration of staff privileges for a neonatal specialist, M.D., against the largest hospital in the area, 1998-1999.
• Mr. Burk, as lead counsel, obtained a $22.5 million dollar verdict before an Arkansas jury for Arkansas based energy company against a large regional lending institution in March 1996, the largest jury verdict in Arkansas by a factor of seven times, to that date.
• Mr. Burk was lead trial counsel for trial Plaintiff, obtaining a $3 million judgment in San Antonio state district court for a New Hampshire-based national asset-based mezzanine lender against a large regional company, September 1990.

1980s:

• Judgment of not liable for one of the nation’s largest law firms in a legal malpractice action brought by Mitsubishi, one of the largest diversified manufacturing companies in Japan (Mr. Burk was co-trial counsel in this case) in 1989.
• $75 million settlement for Powder River Basin Coal company and its partner/co-venturer against large Texas city and a regional provider of electric power in central Texas (Mr. Burk was co-trial counsel and alone, at the request of the client, negotiated the settlement for the energy company partners who received $75 million in the settlement during trial) in 1987.
• Mr. Burk co-tried and obtained the first plaintiff’s judgment under the Texas Antitrust Act (virtually identical to the federal act) for a one hour photo company against Japanese leading one-hour photographic processing machine manufacturer, Noritsu, obtaining a high six figure judgment in 1986 that was upheld by the Fifth Circuit Federal Appeals Court and thereafter settled.