Christopher M. LaVigne

• Representation of industrial gas supplier in Texas MDL in connection with the January 24, 2020, explosion in Houston, Texas.
• Representation of HMO in a series of cases of first impression relating to reimbursements owed to emergency room and hospital providers under the Affordable Care Act and Texas law, including reimbursements owed under the new Texas arbitration process adopted as part of SB 1264.
• Representation of multiple employers and businesses in trade secret and covenant not to compete cases, including cases involving the inevitable disclosure doctrine and device turnover orders.
• Representation of engineering, procurement and construction company alleging underpayment of wages to defense contractors supporting the U.S. mission in Afghanistan based on the application of the Afghan Labor Code.
• Representation of software company in copyright and trade secret dispute involving former employees who launched a competing business.
• Representation of IRA custodian in dispute relating to the sale of fractional interests in life settlements.
• Representation of microprocessor company in dispute relating to alleged misrepresentation about product compatibility on company website.
• Representation of industrial agriculture company in failed sale of mill, including claims of fraud against buyer and buyer’s counsel.
• Representation of technology company seeking to enforce oral agreement to allow business access to web-based operating portal.   
• Representation of insurance broker in connection with professional negligence claim related to coverage of Mexican factory explosion.
• Representation of LLC owner and manager of start-up company in shareholder oppression and fiduciary duty litigation.
• Representation of talent and evert promoter in breach of contract claim against well known television personality.
• Representation of franchisors in franchisee termination litigation.
• Representation of hospital capital company is business divorce dispute involving termination of joint venture to build new hospital complex.
• Representation of restaurant company in strict liability litigation involving the sale of adulterated food.
• Representation of IT company in litigation involving data security breach.
• Representation of provider of telecommunications services against claims of tortious interference asserted by a competitor over state bidding processes and involving application of Texas SLAPP statute regulating Strategic Litigation Against Public Participation.
• Representation of a major real estate company in litigation with tenant-in-common (TIC) owners over a failed investment in a mixed-used property in Texas, involving derivative and direct claims for breach of fiduciary duty, fraud, and negligent misrepresentation.
• Representation of a major technology component parts provider in products liability litigation brought by two manufacturers of consumer appliances in connection with claims involving quality and safety defects in millions of products.
• Representation of a major manufacturer of air conditioners and heat pumps against component parts supplier in products liability litigation involving failure to comply with specifications.
• Representation of an international steel provider in domestic UCC dispute involving alleged failure to comply with contract specifications and timing requirements and the failure to pay for the delivery of goods.
• Representation of a minority owner in a Kuwaiti calciner project in ICC arbitration in Switzerland involving claims of corporate governance and the alleged improper removal of another owner from the project.
• Representation of a provider of red light camera technology in a class action lawsuit alleging the unlicensed practice of private investigation. All individual and class claims were dismissed for failure to state a claim and dismissal affirmed on appeal.
• Representation of hospital capital partner in trademark and unfair competition litigation against hospital group.
• Representation of a surety company in connection with complex construction defect litigation arising out of failure of several gas processing plants in Louisiana. After a five month jury trial, client and contractor obligee obtained multimillion dollar jury verdict on various breach of contract, quasi-contract, and tort claims. The verdict was named as the second most significant jury verdict for 2006 by the publication Verdict Search.
• Representation of a major manufacturer of fiber optic connectors for the military multiple proceedings against former officers, directors, and shareholders of the company alleging, among other things, theft of trade secrets, violations of the Computer Fraud and Abuse Act, breach of fiduciary duty, tortious interference with contract, and breaches of certain representations and warranties contained in a stock purchase agreement.
• Representation of various minority shareholders in corporate governance litigation arising out of sale of two Texas closely held limited liability companies.
• Representation of an individual in tortious interference claim against California company in connection with claims of interference with existing and prospective business relations.
• Representation of various companies in front of AAA (American Arbitration Association) arbitration panels in Florida and Utah in connection with various business tort claims, including unfair competition, tortious interference, fraud and violation of various state and federal laws governing the issuance of franchise licenses.
• Representation of major employer in connection with class action Fair Labor Standard Act case and obtained agreed decertification of class following substantive stage two decertification briefing.
• Representation of major computer memory manufacturer in litigation in state court in Idaho against former President and General Manager of the company alleging, among other things, theft of trade secrets, breach of fiduciary duty, conversion and tortious interference with prospective economic advantage arising from the officers' establishment of a competing venture.
• Representation of Texas investment company in three lawsuits pending in federal court in Texas and New York for, among other things, breaches of the terms of several investment agreement and related transaction documents, fraud, deceptive trade practices, civil conspiracy and tortious interference with contract resulting from a cancelled business relationship with a major New York investment company.
• Representation of numerous employers and unions in various age discrimination and sexual harassment lawsuits.
• Representation of a group of approximately 65 orthodontists in multi-state litigation involving over 35 lawsuits pending in various federal and state courts in multiple states against a practice management company alleging, among other things, breach of contract, violations of various states' Dental Practices Acts, fraud, and deceptive trade practices in connection with the performance of the company under certain service agreements, asset purchase agreements, employment agreements, and other related transaction documents.
• Representation of numerous insurance companies in first and third party insurance litigation in a variety of different types of policies, including CGL, D&O, fidelity, construction, motor vehicle, commercial tracking, and errors and omissions policies.
• Representation of numerous national insurance companies and plan administrators in employee benefit and fiduciary duty litigation under ERISA.
• Representation of a large commercial trust company in litigation against the State of Florida in connection with breach of fiduciary duty claims arising out of the management of a trust account established by an alien surplus lines company under NAIC rules to conduct business in the United States.
• Representation of various construction companies in litigation relating to the applicability and enforceability of contractual indemnity and contribution agreements.
• Representation of a major owner of apartment complexes in negligence and breach of contract claims brought by tenants.
• Representation of a national company that writes and owns structured settlement agreements against claims of tortious interference and unfair business practices brought by a major factoring company.

• In re: January 24^th Explosion Litigation, Texas JPMDL Docket No. 21-0093. Led a multi-disciplinary team in the defense of industrial gas suppliers in mass tort suit arising from an industrial explosion involving approximately 2400 claimants.
• Dallas Medical Center, LLC et al. v. Molina Healthcare of Texas, Inc., 2021 WL 5071830 (Tex. App. – Dallas 2021). One of multiple lawsuits where court dismissed claims by medical providers against HMO alleging insufficient reimbursements for out of network emergency services and concluding such claims are not cognizable in Texas.
• Retail Services WIS Corp. v. Crossmark, Inc., 2021 WL 1747033 (Tex. App. – Dallas 2021). In a significant case defining the scope of trial court’s authority to order a device turnover in trade secret litigation lawsuits, court substantially narrowed scope of injunction and refused to enforce device turnover order as drafted.
• Cerber Property s. Z.O.O. SKA v. Texas Instruments Inc., 2020 WL 1309087 (N.D. Tex. 2020). District Court granted motion to dismiss fraud claims based on failure to properly plead scienter after multiple opportunities to replead.
• Stover v. ADM Milling Co., 2018 WL 681561 (Tex. App. -- Dallas 2018). Court affirmed jury award of actual and punitive damages against buyer of commercial property, its owners, and their counsel for fraudulent inducement based on exceptions to attorney immunity doctrine and alter ego theories.
• Third Eye, Inc. Four Winds Interactive, LLC, 2018 WL 3135913 (N.D. Texas 2018). District court dismissed claims of plaintiff seeking an injunction based on allegations of trade secret misappropriation based on lack of personal jurisdiction.
• Allen v. Fluor Corp., 2017 WL 2618821 (N.D. Tex. 2017). In a case of first impression, court dismissed putative class action lawsuit of former employees of defense contractor seeking unpaid wages under the Afghan Labor Code for time spent supporting the US mission in Afghanistan.
• In re: Hesed Enterprises, LLC, 2017 WL 4457434 (N.D. Bank. 2017). In a significant case regarding manipulation of the bankruptcy process, Bankruptcy court dismissed bankruptcy filing for bad faith and sanctioned attorney who opened the proceeding.
• LaBar v. ABC Medical Holdings, Inc., 2014 WL 1714468 (N.D. Tex. 2014). Court dismissed plaintiffs’ lawsuit based on forum non conveniens.
• Gulf Liquids New River Project, LLC v. Gulsby, 356 S.W.3d 54 (Tex. App. -- Houston [1st Dist.] 2011). In a significant construction litigation dispute, court affirmed surety company’s declaratory judgement of project’s owner breach thereby entitling surety to a non-liability finding and attorneys’ fees.
• Bell v. Redflex Traffic Systems, Inc., 374 Fed. Appx. 518 (5th Cir. 2010). In a case of first impression, Fifth Circuit affirmed a dismissal with prejudice of a putative class’s claims against provider of red light camera technology alleging violation of Texas Private Investigator Act.
• In re Tiffany Cooper, 2009 WL 3766428 (Tex. App. -- Dallas 2009). In a significant case defining a trial court’s limitations in imposing residency restrictions on divorcing parents, obtained mandamus relief preventing the district court from requiring divorcing spouse to give up employment in North Carolina and return to Texas during pendency of litigation.
• Roehrs v. FSI Holdings, Inc., 246 S.W.3d 796 (Tex. App. -- Dallas 2008). District court confirmed arbitration award for breach of purchase agreement and rejected novel claims of arbitrator bias and misconduct.
• Church v. Kare Distribution, Inc., 211 Fed. Appx. 278 (5th Cir. 2006). In a case of first impression, Fifth Circuit affirmed a dismissal with prejudice of employee’s claims for national origin and race discrimination based on employer's purported policy requiring employees to be bilingual in Spanish and English.
• Hartford Casualty Insurance Company v. Executive Risk Specialty Insurance Company, 2004 WL 2404382 (Tex. App. -- Dallas, Oct. 28, 2004). In a case of first impression, appellate court reversed the trial court's summary judgment order and rendered judgment in favor of client in dispute regarding what constitutes "other insurance" for purpose of allocating insurance coverage.
• Royal Insurance Company of America v. Hartford Underwriters Insurance Company, 391 F.3d 639 (5th Cir. 2004). Obtained summary judgment at the district court level on behalf of insurer in a case regarding the application of competing "other insurance" clauses. In a landmark case regarding the application of such clauses, the Fifth Circuit reinterpreted Texas law to find a conflict in such provisions in almost every case.
• In re OrthAlliance, Inc. Contract Litigation, 350 F. Supp. 2d 1354 (J.P.M.L. 2004). Represented approximately 65 clients before the judicial panel on multidistrict litigation and successfully prevented the consolidation and transfer of numerous cases to the forum of the opponent's selection.
• Robert C. Penny et al. v. OrthAlliance, Inc., 255 F. Supp. 2d 579 (N.D. Tex. 2003). In a case of first impression, obtained summary judgment on behalf of a group of Texas orthodontists on the grounds that 20 year service agreements between orthodontists and a practice management company violated the prohibition on the corporate practice of dentistry contained in the Texas Dental Practices Act. Obtained similar rulings in California, Washington, and Oregon.
• Prieto v. John Hancock Life Insurance Company, 132 F. Supp. 2d 506 (ND Tex. 2001). Successfully defended the district court's order granting clients' motion for summary judgment based on statute of limitations in a significant case regarding "vanishing premium" life insurance policies.

°Some of the above representations were handled by Mr. LaVigne prior to his joining Greenberg Traurig, LLP.

• Assistant District Attorney with the Lawyers on Loan program -- over 30 jury and bench trials
• Associate, Locke Liddell & Sapp, Dallas office, August 2000 - February 2005
• Intern, U. S. Attorney's Office for the Western District of Texas, August 1998-November 1998

• Listed, The Best Lawyers in America, Commercial Litigation, 2017-2024
• Listed, Thomson-Reuters, "Stand-Out Lawyers," 2022
• Listed, Acritas Stars™ Independently Rated Lawyers, "Star Lawyers," 2020-2021
• Listed, Super Lawyers magazine, Texas Super Lawyers, 2014-2023
  • "Rising Star," 2009-2013
• Listed, D Magazine, "Best Lawyers in Dallas – Business Litigation," 2016-2017

• Member, State Bar of Texas
• Member, Dallas Bar Association
• Member, American Bar Association
• Volunteer, Dallas (Lake Highlands) YMCA, 2009-2019
• Fellow, Texas Bar Foundation