Brandon Fuqua

Of Counsel
Dallas
About

Brandon A. Fuqua is a commercial litigator concentrating on real estate disputes and post-closing transaction litigation.

Brandon has developed a focused practice representing buyers, sellers, landlords, tenants, lenders, developers, and investors in a wide range of real estate disputes, including commercial landlord-tenant litigation, disputes among co-owners and joint venture partners in real estate ventures, real estate contract disputes including claims of fraud and breach of contract, lender liability claims, and disputes arising out of the acquisition and disposition of commercial and residential real estate assets. Brandon combines a practical, business-oriented approach with the tactical skills.

Brandon also has extensive experience in mergers and acquisitions litigation, having represented private equity sponsors, strategic buyers, and sellers in significant post-closing disputes. His M&A litigation practice encompasses representations and warranties disputes, complex indemnification claims, fraud and contract claims arising out of acquisition agreements, and earnout disputes. Brandon litigates these matters as well as counsels clients on post-closing dispute risk at the transaction stage.

Areas of FocusLitigation, Arbitration and InvestigationsWhite Collar and Corporate Crime
Bar admissionsTexas
CourtsUnited States District Court for the Northern District of TexasUnited States District Court for the Eastern District of TexasUnited States Court of Appeals for the Fifth CircuitUnited States District Court for the Western District of Texas

EXPERIENCE

  • Obtained temporary restraining order and temporary injunction in defense of data center management against fight by co-investors
  • Obtained dismissal of all claims asserted by hotel group arising out of the acquisition of a property, involving claims of fraud, breach of fiduciary duty, and breach of contract
  • Obtained receiver to take possession of assets of commercial tenant in complex lease dispute
  • Defeated securities fraud claims brought by SEC alleging solicitation of investors for a proposed oil well using misleading offering materials
  • Defeated summary judgment motion filed against a private equity firm, allowing the firm's claims to proceed to trial
  • Represented an investor arising out of a joint venture dispute against a co-investor asserting breach of the joint venture agreement. Defeated all counterclaims on summary judgment and obtained a favorable jury verdict awarding monetary damages and declaratory relief on behalf of the client. The judgment was affirmed on appeal by the Texas Fifth District Court of Appeals
  • Obtained dismissal of all claims against private equity firm alleged to have established a fund with loans it knew would fail for the purpose of extracting management fees
  • Obtained full limit loss recovery for private equity portfolio company on a claim for breach of representations and warranties in purchase agreement
  • Obtained summary judgment on all claims in defense of a regional healthcare provider against claims of trade secret misappropriation and copyright infringement, and secured an award of attorneys' fees and costs, affirmed by the Fifth Circuit Court of Appeals
  • Obtained dismissal of all claims and an award of attorneys' fees and costs on behalf of private equity firm sued by a limited partner alleging fraud and breach of contractual and statutory duties
  • Obtained dismissal of all claims asserted against pharmaceutical manufacturer arising out of alleged consumer damages
  • Represented mortgage company in disputes involving misappropriation of trade secrets and breach of contract by former employees; compelled all disputes to arbitration and obtained a favorable result
  • Obtained dismissal with prejudice in defense of several insurers in actions involving allegations of fraud and breach of contract
  • Obtained dismissal of all claims with prejudice asserted against real-estate developer in dispute with residential homeowners
  • Obtained favorable resolution in representation of telecommunications company in dispute involving re-negotiation of commercial lease
     
Languages
  • Spanish
Education
  • J.D., Southern Methodist University School of Law, 2011
    magna cum laude
  • B.A., Duke University, 2008

Media Mentions

  • "Former Texas Oil Co. CEO Ducks SEC Fraud Claims For Now," Law360, September 21, 2023
  • "PE Firm Tries to Ditch Suit Over Publication of Arb. Award," Law360, September 6, 2023
  • "Judge Nixes $100M Defamation Suit Against Texas PE Firm," Law360, August 1, 2023

Memberships

  • Greater Dallas Youth Orchestra, Board of Directors
  • Dallas Bar Association
  • State Bar of Texas, Litigation Section
  • Leadership Arts Institute, Business Council for the Arts, Leadership Class of 2022 – 2023
  • Duke University Alumni Admissions Advisory Committee, Interviewer, 2009 – present
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Phone

+1 214 743 4581
(Work, Dallas)
+1 214 665 5986
(Fax, Dallas)