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Brandon Fuqua

Brandon Fuqua

Of Counsel
About

Brandon A. Fuqua’s law practice concentrates on complex disputes and investigations. He regularly represents companies in high-stakes litigation frequently relating to real-estate transactions, mergers, and acquisitions.

Brandon also has significant experience in regulatory compliance, internal investigations, and investigations and enforcement actions initiated by federal and state government agencies. Among his clients are public and private companies and officers and directors in the energy, financial services, industrial, manufacturing, and healthcare sectors. He also assists companies with risk assessments, governance reform, and improvements to global compliance programs. 

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

LITIGATION

  • 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.
  • 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.
  • Defended regional healthcare provider against claims of trade secret misappropriation and copyright infringement, obtaining summary judgment on all claims as well as an award of attorneys’ fees and costs, which was affirmed by the Fifth Circuit.
  • Obtained dismissal of all claims and award of attorney’s fees and costs on behalf of private equity firm sued by a limited partner relating to alleged fraud and breach of contractual and statutory duties. 
  • Obtained dismissal of all claims asserted against pharmaceutical manufacturer due to alleged damages sustained by consumers. 
  • Represented mortgage company in disputes involving misappropriation of trade secrets and breach of contract by former employees, in which disputes were compelled to arbitration and obtained favorable result.
  • Represented several insurers in actions involving allegations of fraud and breach of contract. Obtained dismissal with prejudice for all clients.
  • 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. 

INVESTIGATIONS

  • Led investigation into claims by whistleblower alleging regulatory and other violations of U.S. pharmaceutical manufacturer. 
  • Successfully resolved a formal investigation by the SEC into potential securities law violations relating to energy company’s financial disclosures involving revenue recognition and related accounting issues. 
  • Represented automotive parts manufacturer in internal investigation of possible violations of U.S. laws as well as potential civil fraud and violations of company policies.
  • Advised Special Committee and conducted an investigation on behalf of an U.S. energy company regarding FCPA issues in Mexico and Colombia. 
  • Core member of team supporting court-appointed compliance monitor of a Chinese telecommunications company.
  • Advised Audit Committee and conducted investigation of potential securities law violations by U.S. energy company relating to restatement of financial information due to accounting issues.
  • Supported investigation into alleged FCPA violations by regulated waste disposal company and developed and implemented remedial compliance policies and procedures. 
  • Led investigation of alleged regulatory violations made by whistleblower against multinational pharmaceutical manufacturer.
Languages
  • Spanish
Education
  • J.D., Southern Methodist University School of Law 2011
    magna cum laude
  • B.A., Duke University 2008

Awards

  • Best Lawyers in Dallas, D Magazine, Commercial Litigation, 2021-2022

Media Mentions

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