Business Litigation.


Mr. Carnes and Mr. Ely each have significant experience and expertise in the practice area broadly defined as business litigation. Each of them spent many years working on complex commercial litigation maters as part of one of Houston's largest and most prestigious firms, Locke Liddell & Sapp LLP.

Mr. Carnes and Mr. Ely have a broad range of experience in business litigation, including significant experience in banking litigation, business bankruptcies, energy litigation, real estate and construction litigation, and commercial landlord-tenant litigation.

In recent years, Mr. Carnes has continued his practice in these areas while, at the same time, developing a particular expertise in the area of the law loosely referred to as "unfair competition." This area of the law includes the attempted enforcement (and defense against enforcement) of post-employment covenants not to compete and non-solicitation agreements involving a former employer's customers or employees. It also includes bringing and defending against claims involving the alleged misappropriation of trade secrets by competitors, which may or may not also involve former employees.

In addition to litigating these claims, Mr. Carnes advises his clients as to the enforceability of post-employment covenants not to compete and assists them in drafting employment agreements that maximize the potential for enforcement of the desired post-employment restrictions.

This growing area of the law differs from much business litigation in that it almost always involves an attempt by the party bringing the action to get immediate injunctive relief. The result is generally a full evidentiary hearing resembling a trial within two weeks of the case being filed. This pace is not for everyone, and requires someone who knows this peculiar legal landscape. Mr. Carnes has the experience needed to successfully navigate what can be a mine field for the unwary.

Mr. Ely also has a far-reaching business litigation practice, but has particular experience and expertise in construction, maritime, and products liability litigation. In his construction practice, Mr. Ely has represented owners, general contractors, sub-contractors, and even homeowners. He has successfully litigated and resolved many construction related disputes. As a corollary, he also has experience in commercial landlord- tenant litigation.

In his maritime and personal injury practice, Mr. Ely has gained significant experience in all areas of this practice, including dealing with cases involving injuries to children and the additional complicating issues such cases raise. In addition to trial work, Mr. Ely has significant appellate experience and leads the firm's appellate practice.