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Stephen Clarke

Associate

Stephen Clarke is a litigation attorney who represents businesses and individuals in a variety of industries, including aviation/aerospace, life, health, and disability insurance, higher education, real estate, construction, and others. He has ten years of experience litigating complex disputes in state and federal courts in and outside of Texas and before arbitration panels. He has also handled and argued multiple appeals in both state and federal appellate courts. 

Before joining the firm in 2011, Stephen served as a law clerk for Circuit Judge Edward C. Prado of the United States Court of Appeals for the Fifth Circuit and Chief Judge Mark E. Fuller of the United States District Court for the Middle District of Alabama.

Experience

Aviation/Aerospace

  • Representing an aircraft structures manufacturer in a federal lawsuit seeking to enjoin a key supplier from using a commercial dispute between the parties as an excuse not to perform a sole-source requirements contract.
  • Defended an aircraft component supplier in a $1.1 billion dispute in federal court with an aircraft manufacturer over the development and build of the wings for a new business jet.
  • Secured a settlement on the eve of trial for an aerospace company seeking $2.25 million in damages caused by a defective ultrasonic nondestructive inspection machine.
  • Obtained a judgment for a defense contractor following a bench trial in state court against the manufacturer of a defective ultrasonic nondestructive inspection machine.

Life, Health, and Disability Insurance

  • Representing life, health, and disability insurers in all aspects of their business, including sales and marketing, underwriting, suitability, regulatory compliance, premiums and rates, claims handling, policy rescissions, conditional insurance, and competing claimants.
  • Defended a large life insurance company in state court lawsuit alleging that the client had improperly increased the monthly charges on universal life insurance policies.
  • Prosecuted a state court action for a multinational life insurance company to enforce a decades-old class action settlement agreement and preempt several pending federal lawsuits in other states. Presented oral argument to the Dallas Court of Appeals on novel issues of law.
  • Obtained the dismissals of multiple class actions filed in jurisdictions around the country against a large life insurance company and its affiliates alleging that a supplemental benefits program violated state-law insurance requirements and seeking disgorgement of millions of dollars in premiums and fees. Argued and won appeals before the Eighth and Eleventh Circuits.

Higher Education

  • Defending a comprehensive research university from claims arising from the termination of a vendor agreement to provide electronic research administration services.
  • Secured a settlement for a private university in a dispute over the termination of a consulting agreement for the development of an executive education program.

Real Estate

  • Defended the former lessee of a 315-acre industrial manufacturing plant in Grand Prairie, Texas, from a lawsuit filed by the owner of the property seeking over $40 million in damages for environmental contamination and other breaches of the lease agreement.
  • Defended a real estate developer from challenges to the approval and construction of a planned commercial retail development in Uptown Dallas. Defeated the plaintiff’s application for a temporary injunction pending trial.
  • Represented a Dallas-based manufacturer of aluminum extrusion products in several property tax disputes with local tax appraisal districts.
  • Represented midstream pipeline companies in the acquisition of easements for the construction of oil and gas pipelines and in related litigation.

Construction 

  • Represented a private equity firm in its disputes with the general contractor and development manager for a public/private partnership to build a local convention center hotel.
  • Secured a settlement for one of the largest producers of construction aggregate materials in a state court lawsuit seeking damages from the general contractor of a highway construction project.

Other Industries 

  • Prosecuted claims for a telecommunications software, device, and network-systems company against a mobile application developer that improperly disclosed the client’s confidential proprietary information.
  • Defended a professional consulting firm from a claw-back lawsuit brought by the court-appointed receiver of the Stanford Financial group of entities.
  • Represented physicians, employees, and owners in numerous business disputes regarding the ownership, control, and dissolution of private medical practices in north Texas.
  • Represented a community association and property management services company based in Dallas in multiple disputes with competitors, construction contractors, and owner associations.
  • Advised the operator of a local sports and community venue regarding compliance issues and disputes with suppliers and vendors.

Individuals

  • Represented the widow of the founder of a $40 million closely held corporation in a state court lawsuit over control of the corporation. Obtained an injunction against the misuse of corporate assets, which was affirmed on appeal, and multiple summary judgments invalidating an unlawful redemption of the client’s preferred stock and dismissing all claims against the client.
  • Defended a certified public accountant from claims that he breached his fiduciary duties and committed fraud by accepting compensation for brokering the sale of two car dealerships.