Commercial Litigation

commercial litigationBret Gerard is an experienced commercial litigation attorney with a successful record in litigating a broad range of disputes. From the planning stages of construction and through the operation and sale of properties, including contracts, business fraud, fiduciary duty, partnerships, Uniform Commercial Code, high-dollar collections, real estate, construction and landlord/tenant matters, Bret has the knowledge and experience to help you achieve your goals. As a commercial litigator, Bret is also experienced in obtaining extraordinary relief for his clients, when needed. These extraordinary remedies, such as injunctions, sequestrations, attachments, receiverships and garnishments, are often overlooked by many attorneys as tools to accomplish relief when recovering money damages is simply not enough.

Bret’s vast experience in the commercial litigation arena provides him with the ability to quickly find and discern relevant financial information from stacks of paperwork related to your matter. As a visionary thinker, he is able to shape the big picture from an abundance of details and explain the issue and options in concise, clear language.

His approach is to resolve claims quickly, through summary motion or other dispositive motion, when practical. His familiarity with the judiciary makes him an ideal choice for helping steer national law firms and out-of-state counsel through the Texas judicial system. He has acted as Texas counsel for New York, Los Angeles, Miami, Omaha, Atlanta and Charlotte law firms who do not have a standing presence in Texas. Bret’s active trial practice spans over 28 years of delivering desired client outcomes.

Results

In 2004, Bret’s client, a fuel distributor, signed a 10 year fuel supply contract with a company that owned a Fina gas station at the corner of Alma and 15th Street in Plano, Texas. In addition to obligating the company that owned the Fina station to buy gas from Bret’s client for a 10 year period, the contract required that the company sell the gas under one of the Valero brands (Shamrock, Diamond Shamrock or Valero). In exchange for signing the 10 year contract, Valero agreed, at its sole expense, to convert the station’s brand from Fina to Diamond Shamrock.  This type of contract also provided incentive payments in the form of rebates to the station owner for selling Valero branded gasoline.

In mid-2007, the company stopped paying Bret’s client for fuel and in July 2007, the company transferred ownership of the gas station to a trust created by the individual shareholders of the company for their sole benefit. In November 2007, the newly created trust sold the property to a bank who desired to put a branch at that location.

Bret’s client sued the company for breach of the incentive agreement. The 10 year contract contained a clause that required the repayment of all incentives if the 10 year commitment was not fulfilled. By selling the gas station before the 10 years had expired, the company had breached the contract.

In addition, Bret recommended filing suit against the trust claiming that the property that was sold to the bank was a fraudulent transfer that impacted the company’s creditors.

After a three day jury trial in the 134th Judicial District Court of Dallas County, Texas, a jury returned a verdict for Bret’s client.

Se habla Español.