Geoffrey R. Unger's practice is primarily focused on complex commercial litigation, with experience representing clients in large business fraud cases, consumer class actions, securities litigation, real estate development, and antitrust cases. Mr. Unger has also defended and prosecuted more than two dozen cases involving misappropriation of trade secrets and noncompetition clauses in employment agreements.

He has successfully defended companies against claims controlled by the PSLRA and represented companies and their officers and directors in shareholder litigation and derivative suits throughout the country. His securities litigation experience also includes “backdating” option scheme cases in Texas and nationally. With trial experience in federal and state courts in Abilene, Austin, Dallas, Houston and San Antonio, Mr. Unger has represented insurance companies, other public companies, individuals, and venture capital-backed startups. He focuses his practice not just on providing outstanding legal services, but also on providing responsive and accountable representation to each client—no matter how large or small the matter.

Mr. Unger is the pro bono coordinator of the Austin office.

Recent Matters

• Representation of public company in a distressed debt transaction under Texas contract law. Case was tried in the Western District of Texas to a multi-million dollar verdit in favor of client.
• Multi-million dollar arbitration award in a six day, complex commercial arbitration involving voice over IP (VOIP) technology, and centered on claims of fraud in the inducement. Judgment upheld on appeal in March 2008 (Netknowledge Techs. LLC v. Rapid Transmit Techs., No. 07-10343, 2008 WL 681694, *1 (5th Cir. Mar. 11, 2008)) and fully satisfied.
• Jury trial to verdict in a $20 million real estate development dispute involving claims of breach of fiduciary duty and fraud.
• Representation of public company in a global technology outsourcing dispute centered on claims of fraud and fraud in the inducement. Tort claims survived despite presence of limitation of liability clause and Independent Injury Doctrine. (Regus Management Group, LLC v. International Business Machine Corp., 2008 WL 1836360 (N.D. Tex. 2008)).
• Representation of clients in defending Section 10(b), 11, 12, 14(a), 15 and 20 securities class action claims, including successful defense against class certification and eventual successful dismissal of action on a matter of first impression in the Fifth Circuit (Krim v. PCorder.com, Inc., 402 F.3d 489 (5th Cir. 2005)).
• Defended a Canadian public company against alleged multi-million dollar Sherman Act violations and business tort claims. Case settled in a walk away with dismissal with prejudice of all claims.
• Represented a national liquid petroleum company in a series of high profile personal injury and wrongful death cases in south Texas, all of which were resolved in favor of the client.
• Representation of several large insurance companies in “vanishing premium” sales practices class actions in multiple jurisdictions, including multi-district litigation proceedings. Cases included the following reported decision:
• Force v. ITT Hartford Life and Annuity Insurance Company, 4 F.Supp.2d 843 (Minn. 1998).

Representative Opinions

• Regus Management Group, LLC v. International Business Machine Corp., 2008 WL 2434245 (N.D. Tex. 2008).
• Regus Management Group, LLC v. International. Business Machine Corp., 2008 WL 1836360 (N.D. Tex. 2008).
• Netknowledge Techs, LLC v. Rapid Transmit Techs., 269 Fed.Appx. 443, 2008 WL 681694 (5th Cir. Mar. 11, 2008).
• Netknowledge Techs, LLC v. Rapid Transmit Techs., 2007 WL 518548 (N.D. Tex. Feb. 20, 2007).
• Krim v. pcOrder.com, Inc., 402 F.3d 489 (5th Cir. 2005).
• Krim v. pcOrder.com, Inc., 2002 WL 1185913 (W.D. Tex. 2002).
• In re Krim v. pcOrder.com, Inc., 210 F.R.D. 581 (W.D. Tex. 2002).
• Krim v. pcOrder.com, Inc., 212 F.R.D. 329 (W.D. Tex. 2002).
• Force v. ITT Hartford Life and Annuity Insurance Company, 4 F.Supp.2d 843 (Minn. 1998).

Representative Clients

• Amerigas Propane
• Gas Turbine Efficiency
• Hartford Financial Services Group
• JDA Software
• Mesa Airlines
• Leotek Electronics
• LG Philips LCD America
• Regus Management Group
• Semex, SA
• Zenon Environmental

Admissions

• Texas
• United States Court of Appeals for the Fifth Circuit
• All Texas state courts
• United States District Court for the Western District of Texas
• United States District Court for the Southern District of Texas
• United States District Court for the Northern District of Texas

Memberships

• State Bar of Texas
• American Bar Association

Prior Experience

• Litigation Associate, Akin Gump Strauss Hauer & Feld LLP, San Antonio, Texas