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John E. Garda

Partner
Dallas
+1.214.939.5563
Fax +1.214.939.5849

Primary Practice

Secondary Practices

Education

  • J.D., University of Notre Dame Law School, 1993, (Managing Editor, Notre Dame Journal of Law Ethics and Public Policy)
  • B.A., University of Delaware, 1986

Admissions

  • Bar of Texas
  • United States Bankruptcy Court for the Eastern District of Wisconsin
  • United States Court of Appeals for the Fifth Circuit
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Northern District of Texas
  • United States District Court for the Southern District of Texas
  • Biography Overview
  • Additional Background
  • Representative Work

Mr. Garda represents clients in business disputes, complex commercial litigation, securities litigation, professional liability relating to accountants, lawyers, investment bankers, officers and directors, and disputes involving health care contracts, real estate and construction. He has appeared before state and federal trial courts, state and federal appellate courts, arbitration associations, and administrative boards around the nation.

Mr. Garda also represents clients in corporate governance matters and internal investigations, including independent audit committees. He manages the legal needs and serves as the legal advisor on behalf of the firm to several clients, including a membership organization consisting of approximately 17,000 CEOs or Presidents of companies located throughout the world, and a manufacturer of stereophones and headphones. Before attending law school Mr. Garda practiced as a certified public accountant.

Mr. Garda is also a member of the Betting & Gaming practice group and his experience includes serving as local counsel and advising on regulations and enforcement of policies as part of hosting the 2004 Breeders’ Cup World Thoroughbred Championship at Lone Star Park at Grand Prairie, Texas.

Areas of Emphasis

  • Complex commercial litigation
  • Professional liability and defense
  • Securities litigation
  • Real estate and construction disputes
  • Corporate governance

Professional Background

  • Clerk for the Honorable Jorge A. Solis of the U.S. District Court, Northern District of Texas

Professional/Civic Activities

  • American Bar Association
  • Dallas Bar Association

Speaking Engagements

  • "A Practical Guide to Expert Witnessing," presented to the Dispute Analysis & Investigations Group of PricewaterhouseCoopers LLP, Dallas, Texas, November 6, 2007
  • “Destruction of Records,” presented at Half Moon LLC Seminar, Arlington, Texas, December 2005 and Hughes & Luce CLE program, February 2006
  • Assisted in the representation of a major oil company in a $100 million claim regarding coal mining rights and properties in the Republic of Colombia. In a multi-week jury trial, our client received a no-damage and no-liability verdict on all issues.
  • Represented a major Medicaid claims processing company in challenging state auditor findings. After a series of arbitration hearings, our client received an award that resulted in over $50 million in savings.
  • Lead attorney in a jury trial involving the defense of an energy and transportation company owned by a prominent member of the Dallas community.
  • Assisted in the representation of a major church in several claims brought by one of its members. Our client was awarded summary judgment on all claims, which was affirmed on appeal in Turner v. Church of Jesus Christ of Latter-Day Saints 18 S.W.3d 877 (Tex. App.- Dallas 2000, pet. filed).
  • Lead attorney in the defense of a major "Big 4" accounting firm involving allegations of accounting malpractice. Our client was dismissed from the case on appeal.
  • Represented "Big 4" accounting firms in several cases involving claims of negligence/negligent misrepresentation, accounting malpractice, fraud and breach of contract.
  • Assisted in the representation of a staffing company relating to disputes involving unemployment taxes with the Texas Workforce Commission.  After the client presented its evidence at the hearing, the Tax Department of the Texas Workforce Commission became convinced of the client's position and withdrew its claims.
  • Represented private and public company audit committees with internal investigations involving accounting issues.
  • Assisted in the representation of a Fortune 100 company regarding a grand jury investigation involving accounting practices relating to Medicaid claims processing. The matter was “no-billed.”
  • Represented D&Os in several cases involving claims of breach of fiduciary duty, negligence, and fraud.
  • Lead attorney in conducting investigations on behalf of independent audit committees of major companies and organizations.
  • Represented a travel company in cases against subcontractors involving several claims including claims for breach of contract, fraud and breach of fiduciary duty. Our client obtained an arbitration award in its favor as to all claims against one party and a judgment in district court as to all claims involving a separate party.
  • Lead attorney in the defense of a major real estate developer involving claims of breach of contract and fraud. Our client obtained a summary judgment on all claims.
  • Lead attorney representing major homebuilders in home construction cases.
  • Assisted in the representation of a group of major underwriters in a class action securities litigation involving a public stock offering.
  • Assisted in the defense of more than two hundred personal injury lawsuits against a hospital and doctors involving pedicle screw medical devices.
  • Assisted in the representation of a pesticide manufacturer against plaintiffs who claimed that exposure to the product caused them skin irritation, respiratory problems, and other damages. Our client obtained a summary judgment on all claims.
  • Represented a major door manufacturer in an arbitration proceeding. Our client was awarded summary judgment on all claims.
  • Assisted in the representation of a furniture company against a suit brought by the purchaser of the furniture company's subsidiary claiming that the pension plan was improperly funded.
  • Assisted in the prosecution on behalf of multiple creditor classes regarding claims held by one of the world's largest jewelry companies.
  • Assisted in the prosecution of claims brought on behalf of multiple creditor classes regarding claims held by a major food producer.
  • Assisted in the prosecution on behalf of investors and creditors against several D&Os and other professionals involving claims of breach of fiduciary duty, negligence, and fraud.
  • Prosecution of claims brought on behalf of a major bank involving claims of breach of contract and fraud.
  • Prosecution of a claim brought on behalf of a national retailer of sunglasses involving a dispute concerning the lease termination of one of its stores.
  • Assisted in the prosecution of claims brought on behalf of a major financing company against several automobile dealerships.
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