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Paul R. Genender

Partner
Dallas
+1.214.939.5660
Fax +1.214.939.5849

Primary Practice

Secondary Practices

Education

  • J.D., Duke University School of Law, 1994, (Notes Editor, Duke Journal of Comparative and International Law)
  • A.B., Duke University, 1991, (magna cum laude, Phi Beta Kappa)

Admissions

  • Bar of Texas
  • Supreme Court of the United States
  • 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
  • United States District Court for the Western District of Texas
  • Biography Overview
  • Additional Background
  • Representative Work

Mr. Genender is a trial lawyer who represents and counsels clients on business matters involving antitrust, real estate, breach of contract (including covenants not to compete), business fraud, breach of fiduciary duty, deceptive trade practice, unfair competition, securities fraud, misappropriation and theft of trade secrets, and also regarding temporary and permanent injunctive relief. He has extensive experience in federal and state courts in bench and jury trials and in arbitration proceedings. In recent years he has obtained seven and eight figure jury verdicts for clients in business cases and has also obtained complete defense verdicts, including on a claim for $40 million.

He has handled a variety of litigation matters involving complex and novel real estate issues. In recent years, he has obtained favorable jury verdicts, arbitration awards and settlements for clients in the real estate industry, including for developers, landlords, tenants and homeowner associations.

Additionally, Mr. Genender has broad experience in complex software litigation involving the license, modification, and implementation of Enterprise Resource Planning (ERP) software.

Mr. Genender has represented financial institutions, retailers, and staffing and professional placement firms in a variety of litigation matters. He also has extensive experience representing professional associations and non-profit entities on a wide variety of matters, including as primary outside counsel, and often counsels clients on antitrust compliance, board governance and fiduciary duty issues.

 

Areas of Emphasis

  • Complex commercial litigation
  • Real estate litigation
  • Antitrust counseling and litigation
  • Trade secret litigation
  • Complex employment litigation
  • Professional associations
  • Injunction litigation

Achievements

Mr. Genender has received many recognitions including:
  • Best Lawyers in America, Commercial Litigation, 2007 through 2012
  • Best Lawyers in Dallas, D Magazine, 2011, 2012
  • Best Lawyers in Dallas Under 40, D Magazine, 2004, 2006
  • Texas Super Lawyer, Law & Politics Magazine and Texas Monthly, 2004 through 2012
  • Texas Rising Star, Law & Politics Magazine and Texas Monthly, 2004

Professional/Civic Activities

  • American Bar Association
    • Antitrust Section (Section One Committee, Trade Association Committee)
    • Litigation Section
  • State Bar of Texas
    • Antitrust and Business Litigation Section (Council, 2006-2010)
  • Dallas Bar Association
    • Antitrust and Business Litigation sections
    • Vice-Chair, DBA Pro Bono Golf Committee, 2005-2006 (Presidential Citation for raising the most funds in the history of the Dallas Volunteer Attorney Program's Pro Bono Golf Classic, November 2006)
    • Co-Chair, DBA Pro Bono Golf Committee, 2006-2007
    • Vice-Chair, Bench Bar Committee, 2007-2008
    • Co-Chair; Bench Bar Committee, 2008-2009
    • Vice Chair; Judiciary Committee, 2009
    • Co-Chair; Judiciary Committee, 2010
  • Dallas Association of Young Lawyers
    • DAYL Fellow, 2005-present
  • Fellow, Dallas Bar Foundation
  • Fellow, Texas Bar Foundation
  • The General Counsel Forum
    • Board of Directors, Statewide Board, 2004
    • Board of Directors, DFW Chapter, 2006-present
    • Membership Committee Chair, 2009-2010
  • Duke University School of Law Alumni Association, Board Member, 2009-present
  • Board of Trustees, Wednesday's Child Benefit Corporation, 2001-2007
    • Vice-Chair, 2004-2007
  • Fundraising Co-Chair Professionals Division, Jewish Federation of Greater Dallas, 2006-2007
  • Graduate of 2007 Leadership Dallas, Greater Dallas Chamber of Commerce
  • Class Advisor (one of three), 2008 Leadership Dallas Class, Greater Dallas Chamber of Commerce
  • Greater Dallas Chamber of Commerce, Leadership Dallas Alumni Advisory Council, 2007-2009
  • Temple Emanu-El, Board of Trustees, 2010-present
  • Jewish Family Services of Dallas, Inc., Board Member, 2011-present

Speaking Engagements

  • "Emerging Legal Issues in Sports Medicine and Observations on the NATA v. APTA Litigation and Settlement," presented at the Southwest Athletic Trainers' Association Annual Meeting, Arlington, Texas, July 22, 2010
  • "Observations on the NATA v. APTA Litigation and Settlement," presented at the 2010 North Carolina Athletic Trainers Association (NCATA) Annual Meeting, Concord, North Carolina, March 4, 2010
  • "Why Antitrust? A discussion of Antitrust Law as a Career Option" - presented by ABA Section of Antitrust Law in conjunction with Duke University School of Law, Durham, NC, January 27, 2010
  • "Board Training 101," presented at the NATA Board of Directors Meeting, Indianapolis, Indiana, December 5, 2009
  • "Antitrust, Arbitration and Class Actions Developments," (one of four presenters) presented to the Antitrust and Business Litigation Section of the State Bar of Texas, April 28, 2009
  • "Legal Liability Issues in Sports Medicine," presented to the Sixth Annual DFW Sports Medicine Symposium, Arlington, Texas, March 29, 2009
  • “Medical / Legal Liability Update: Implications for Practicing Sonographers,” presented at the plenary session of the annual meeting of the Society of Diagnostic Medical Sonography, Mashantucket, Connecticut, October 18, 2008
  • "Legal and Ethical Considerations in Sonography," presented to the Society of Diagnostic Medical Sonography, Mashantucket, Connecticut, October 16, 2008
  • "Navigating the Danger Zone:  Charting the Murky Waters of Business Ethics; When is a Secret Not a Secret," presented to the Professional Education Conference North America of the Meeting Professionals Inc., Houston, Texas, February 5, 2008
  • "Legal Update for the Athletic Trainer," presented to the Annual Meeting of District 6 of the Southwest Athletic Trainers' Association (SWATA), Arlington, Texas, July 20, 2007
  • "Navigating the Danger Zone: Charting the Murky Waters of Business Ethics," presented at the D/FW Independent Meeting Professional Consortium, Dallas, Texas, May 2007
  • "Trends in Litigation Management and Dispute Resolution," Counsel to Counsel Forum (Houston, Texas), April 2005
  • "Employment Agreements from the Employer and Employee Perspectives," presented to the Dallas-Fort Worth Association Executives, Irving, Texas, March 16, 2005
  • "Overview of Legal Issues Affecting Board Members of Professional Associations: An Antitrust Perspective," Society of Diagnostic Medical Sonography Annual Meeting, New Orleans, Louisiana, September, 2004
  • "Overview of Legal Issues Affecting Board Members of Professional Associations: An Antitrust Perspective," Society of Diagnostic Medical Sonography Annual Meeting, Dallas, Texas, October 2003
  • "You're the Defendant: Now What?" Society of Diagnostic Medical Sonography Annual Meeting, Dallas, Texas, October 2003
  • "You're the Defendant: Now What?" Society of Diagnostic Medical Sonography Annual Meeting, Atlanta, Georgia, October 2002
  • "How to Respond to Actual and Potential Litigation," Society of Diagnostic Medical Sonography Annual Meeting, Dallas, Texas, October 2000
Trial matters - Representing Plaintiffs

  • Lead counsel for former CFO and minority shareholder in a state court lawsuit involving direct claims of breach of contract, as well as counterclaims for breach of fiduciary duty and fraud, against a Texas oil and gas company and its parent corporation. After six weeks of trial, obtained a jury verdict of more than $10 million (all economic damages including requested value of private stock to be redeemed and more than $2 million of attorneys’ fees) in favor of client on direct claims, with no liability found against the client as to any of the counterclaims, including jury findings that client complied with all fiduciary duties.
  • Obtained seven-figure jury verdict for client in multi week trial in the 101st Judicial District Court in Dallas in a complex real estate development and partnership dispute. Obtained favorable jury findings on breach of contract, breach of fiduciary duty and defamation claims. Jury awarded client all requested attorneys’ fees and rejected opposing parties' counterclaims (valued before trial at seven million dollars)
  • Obtained complete arbitration award in favor of real estate client in a complex case involving fees owed by building owner. Award included recovery of attorneys’ fees and expenses and was in a "baseball style" arbitration
  • Jury verdict/final judgment for $2,300,000 on behalf of owner of non-alcoholic beer trademarks and labels against two nationally known breweries. Obtained findings of breach of contract against both defendants and breach of fiduciary duty against one of the defendants. Trial successfully established that a fiduciary duty existed between business partners involved in an arms-length business relationship (despite Texas courts' historical reluctance to recognize same) because the jury was convinced that a relationship of trust and confidence existed between the parties prior to the contracts at issue. Also obtained permanent injunction prohibiting defendants from terminating the contracts except in the event of a material breach by client, which saved its business
  • Complete jury verdict in east Texas state court (Hopkins County) enforcing oral contract, including all requested damages and attorneys' fees
  • In representing a locally owned food and drug manufacturer against a former manager, tried to favorable jury verdict a complex business dispute involving breach of fiduciary duty, fraud, and breach of contract and obtained permanent injunction and dismissal of opposing party's counterclaims

Trial Matters - Representing Defendants and/or Counterplaintiffs

  • Obtained a complete defense jury verdict as lead counsel for Compex Technologies, L.L.C. after a two-week trial in Dallas federal court in a case where the plaintiff sought in excess of $40 million in damages from Compex and co-defendant Iomed, Inc.
  • Obtained favorable arbitration award on behalf of VarTec Telecom in a complex dispute involving more than $300 million after two-week expedited proceeding in Washington, D.C. The award denied all of claimant Teleglobe Telecom Corporation's claims, which totaled approximately $300 million
  • On behalf of nation's largest bakery, defended to complete jury verdict alleged antitrust price fixing class action involving the Texas bread industry for the years 1977-1993, in which the plaintiff class had 52,000 members and the plaintiffs sought $1 billion in damages. This no liability verdict was upheld on appeal.
  • On behalf of The Susan G. Komen Breast Cancer Foundation, obtained favorable arbitration award upholding the foundation's grant review process
  • In a federal court jury trial in the Southern District of Texas (McAllen Division), obtained substantial recovery of attorneys’ fees for national retailer client (tenant) which had prevailed on all matters in dispute via summary judgment in its favor in case brought by landlord
  • In bench trial, obtained temporary injunction on behalf of officer and shareholder of private business that enjoined president of company from using corporate funds or further abusing corporate powers
  • Jury trial in Tarrant County in complex case where plaintiff sought reformation of a real estate contract due to alleged mutual and unilateral mistake

Representative Litigation Results

  • Represented the National Athletic Trainers’ Association (NATA) in major antitrust litigation against the American Physical Therapy Association (APTA) filed in early 2008 in federal court in Dallas involving allegations that the APTA unfairly restricted athletic trainers from practicing manual therapy and gaining access to continuing education courses on manual therapy. The case was settled and the parties entered a Joint Statement on Cooperation between APTA and NATA, signed by the president of each association’s board of directors, in September 2009. Details of the settlement and the Joint Statement can be found at www.nata.org.
  • On behalf of a joint venture consisting of The Retail Connection and Colonial Properties Trust, obtained a favorable settlement of a lawsuit brought in Dallas County which encumbered our clients' commercial real estate valued at over $70 million, thereby enabling our clients to secure a sales contract and, ultimately, to close on the sale of the property. The settlement and dismissal with prejudice were culminated within a week of our initial appearance in the case
  • On behalf of a national marketing and distribution client, obtained temporary and permanent injunctive relief against a former employee in a misappropriation of trade secrets and business disparagement case filed in Dallas County
  • On behalf of a partner in a real estate development, obtained temporary and permanent injunctive relief and agreement to recover all damages in a suit against a general partner who had engaged in various business torts
  • Defended a national commercial aggregates company by obtaining summary judgment in an arbitration proceeding based on the principle that a seven-figure liquidated damages clause sought to be enforced by plaintiffs was an impermissible penalty. The arbitration panel consisted of three retired Dallas County Judges and their unanimous ruling eliminated all of plaintiffs' claims ten days prior to the scheduled hearing
  • Obtained favorable outcome for retail client, including TRO, allowing the client to recover substantial monies owed to it by a customer threatening to flee the country without paying
  • Obtained multi-million dollar judgment against borrowers and guarantors in complex foreclosure and note case pending in state court in Harris County, Texas (Houston)
  • Successfully represented publicly traded company and its officers in a multi-million dollar securities fraud and breach of fiduciary duty case pending in federal court in Ft. Worth, Texas by obtaining dismissal with prejudice on motion to dismiss.
  • Obtained successful outcomes for FDIC-insured bank in complex litigation matters
  • Obtained successful outcomes for purchasers of complex software in disputes with software companies \
  • Obtained successful results for homeowners association clients in complex real estate disputes
  • Obtained temporary and permanent injunctive relief on behalf of professional staffing company against former employee who misappropriated confidential storage media that commanded former employee to immediately produce storage media for inspection
  • Obtained temporary injunctive relief on behalf of behavioral healthcare management company against former employee which enjoined former employee from using company's confidential information
  • Resolved dispute on behalf of professional association providing continuing medical education credits against provider that had been doing so without authorization by obtaining temporary injunctive relief and reaching a favorable outcome that included recovery of attorneys' fees
  • Represented defrauded investors in various securities matters which have been favorably resolved both prior to and after litigation
  • Successfully defended Atlanta based technology company against breach of contract and business tort claims made by former joint venture partners.
  • Successfully defended former high level employees of professional staffing company against allegations of breach of non-compete, non-disclosure, and non-solicit agreements, and alleged misappropriation of trade secrets and proprietary information
  • Represented major international airports in numerous suits and proceedings brought by the airports to recover unpaid passenger facility charges from bankrupt airlines
  • Successfully upheld right of private organization to manage its own internal affairs without interference from courts
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