Litigation & Arbitration
For more than 20 years Hank Fasthoff has successfully handled and resolved hundreds of commercial litigation matters for clients ranging in size from some of the largest Fortune 500 companies to small and mid-size businesses.
Hank has the knowledge, experience and skill set required to resolve more “standard” cases (such as the failure to pay a promissory note) as well as some of the most complex commercial disputes, and he takes pride in being able to develop and execute legal strategies that are designed to efficient and effective.
Our Commercial Litigation Practice Areas
Hank has represented businesses in a multitude of industries, including automotive, aviation, entertainment, sports, energy, fashion, financial services, healthcare, hospitality, real estate, software and technology, among others. In the broad field of commercial litigation, our team is highly skilled and experienced in the following (read more about each practice by clicking on the links):
- Contract Disputes. Contracts are business prenuptial agreements. When the business relationship falls apart, we have the skillset and experience to guide you through the legal system, protect your interests and enforce your rights.
- Business Torts. Business torts come in a variety of forms, and arise when there is conduct that violates an extra-contractual duty which, in turn, causes economic damages or non-economic harm. Examples of business torts include fraud, negligent misrepresentation, fraudulent transfers, trade disparagement, unfair competition, and tortious interference with existing or prospective contracts, amongst others. If your business is the victim of—or is accused of engaging in—a business tort, bring us in to protect and enforce your rights.
- Commercial Collections. Having litigated approximately 250 commercial collections cases, the firm is very well versed in collecting commercial debts on behalf of businesses whose customers have failed to pay on open accounts, breached contracts or leases, or failed to pay under promissory notes. We will explain the options available for collecting unpaid debts—and identify those you should avoid—and zealously enforce your right to receive payment.
- Domain Name Disputes. Hank has recovered more than 100 infringing domain names on behalf of A-list celebrities, professional athletes, famous athletics coaches, Fortune 500 companies and other trademark owners. If your business has been victimized by cybersquatters seeking to profit from the goodwill associated with its trademarks, contact us so that we can put an end to it.
- Intellectual Property Litigation. Intellectual property litigation is full of nuances and subtleties with which many litigators are not familiar. Hank has a wealth of experience and success in litigating copyright disputes, trademark infringement cases, domain name disputes, trade dress, trade secret and non-compete matters, among others.
- Real Estate Litigation. Real estate litigation covers an assortment of legal controversies, such as broker commission disputes, collection of unpaid debts by foreclosure mechanics and materialman’s liens, lease disputes, evictions, claims between developers, owners, and contractors, disagreements between buyers and sellers and fail and much more.
- Post—Judgment Collections. A judgment isn’t worth much of anything if the judgment creditor cannot collect on it. Texas is one of the most debtor-friendly states in the nation, but with our thorough knowledge of post-judgment collections law can we are able to assist in collecting outstanding judgments in situations where the judgment debtor has non-exempt assets.
Reasons to Work with the Fasthoff Law Firm
Over the last 20 years as a Houston litigation attorney, Hank has litigated nearly 600 cases in state and federal courts throughout the country, and has quietly handled dozens more matters that never saw the light of a courtroom due to the implementation of successful pre-litigation tactics and strategies. Some of his cases have involved high profile clients in high profile matters, but when the situation demands it, Hank has a successful track record of resolving matters discreetly and keeping the client out of the public eye. Some representative matters include:
- Won summary judgment for Beyoncé, her record label Sony Music Entertainment, publisher and co-writers of her Grammy Award-winning song “Baby Boy,” a case that was affirmed on appeal
- In a rare case involving the extraterritorial application of the Lanham Act, obtained a permanent injunction for a client in the aviation industry whose former president started competing domestic and foreign companies using the client’s trademarks, trade dress, and trade secrets
- Obtained confidential settlement in favor of a small publicly traded exploration and production company against one of the world’s largest oilfield services companies in action involving certain wells in the Niobrara and Bakken Formations in Wyoming and Montana
- Secured the transfer of hundreds of infringing domain names for celebrities, professional athletes, athletics coaches, Fortune 500 companies, small businesses and other trademark owners
- In 11 of the 476 Bridgeport Music cases, obtained the dismissal of music publisher client in a copyright infringement case filed in Tennessee involving claims of music sampling, a case which was affirmed on appeal. Hank persuaded the U.S. Court of Appeals for the Sixth Circuit to adopt the “stream of commerce plus” test for personal jurisdiction
- In a case under the Visual Artists Rights Act of 1990, forced the entry of a consent decree, judgment, and permanent injunction against a defendant who infringed the client’s rights in certain cast glass sculptures
- Representation of the world’s largest independent oil refinery and other trademark owners in the successful prosecution of numerous cybersquatting claims before the World Intellectual Property Organization
- Representation of an independent record label in connection with the unlawful use by a defendant record label of our client’s registered and unregistered trademarks in the keyword meta tags on the defendant’s websites
- Representation of architects, builders and home buyers in various matters involving copyright protection in architectural plans and architectural works
- Pre-litigation resolution of copyright infringement allegations made against client for utilizing software in which putative plaintiff claimed to own copyright interests. Hank was able to demonstrate that the subject source code was not protectable and in the public domain
- Resolved a $15 million lawsuit brought against a music industry client within weeks of the case being filed. The client paid nothing to settle the case, and the plaintiffs released all of their claims against the client
Some of the clients for whom Hank has provided representation and legal services include:
Anadarko ¦ Bayway Lincoln ¦ Babyface ¦ Beyoncé ¦ Bill Ham ¦ Bobby Bowden
Caroline Kole ¦ Caterpillar Financial ¦ Chamillionaire ¦ CrazyMass ¦ Destiny’s Child
EMI Music Publishing ¦ Fats Domino ¦ Floyd Mayweather, Jr. ¦ GE Capital
Guy Oseary ¦ Heart of Fashion ¦ Heirs of Moon Mullican ¦ Hilco Trading ¦ Intocable
James Prince ¦ Jay-Z ¦ JPL RFID ¦ Johnson Supply ¦ Kelly Rowland ¦ Lady Antebellum
Lakewood Church ¦ Live Nation ¦ Luminess ¦ Magda Sayeg ¦ McGraw-Hill Companies
Michelle Williams ¦ McDonald’s ¦ Music World Entertainment ¦ Munters ¦ MustangCAT
My Country Nation ¦ Night Flight Concepts ¦ OTW Bat Co. ¦ Pei Partnership Architects
Pete Rose’s Hit King Baseball Academy ¦ Pharos Marine Automatic Power ¦ Pipeline Track
Rackspace ¦ Rap-A-Lot Records ¦ Samuel Son & Co. ¦ Samson Oil & Gas ¦ Sony/ATV
Sony Music Entertainment ¦ Target ¦ Trustmark ¦ TWR Lighting ¦ U-Store-It
Valero Energy Corporation ¦ Wilson Mohr ¦ Zions National Bank
Contact the Fasthoff Law Firm Today
With more than 20 years of experience representing clients ranging from Fortune 500 companies to celebrities to small business owners and entrepreneurs, the Fasthoff Law Firm is able to guide clients through the perils and pitfalls of litigation. Contact the Fasthoff Law Firm, a commercial litigation and business law firm with offices in Houston and The Woodlands, to learn more about how the law applies to your particular factual situation, and determine whether the firm may be able to assist your business.
Hank is AV-rated (highest) by Martindale-Hubbell, is a Top Rated Intellectual Property Attorney by Texas Super Lawyers®, was ranked for five consecutive years as a Texas Super Lawyers® Rising Star in the fields of Entertainment and Intellectual Property, and has been ranked from 2013-present by US News & World Reports’ Best Lawyers® Litigation – Intellectual Property Litigation.