Commercial Litigation

Ashley's main practice area is commercial litigation.  He represents companies of all sizes in many different industries with respect to business-related disputes.  Examples include breach of contract, fraud, misappropriation of trade secrets, consumer law claims, and various other commercial issues.

Ashley has litigated specialized cases such as shareholder derivative suits and other corporate matters.  With respect to banking and finance disputes, Ashley has experience ranging from simple collection cases to complex lawsuits involving numerous federal statutes and the laws of foreign countries.

Ashley has significant experience representing companies in the automotive industry (dealers, suppliers, and manufacturers), and has handled numerous matters involving insurance broker liability.   Ashley regularly counsels business owners on issues related to insurance coverage and associated claims.

In construction matters he has presented project owners, subcontractors and suppliers as plaintiff and defendant.

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INTELLECTUAL PROPERTY LITIGATION

Ashley has represented companies of all sizes in trademark disputes, from local businesses to major international conglomerates.  His cases have involved some of the most famous and valuable trademarks in the world.  Ashley's experience includes cases filed in Texas, California, Colorado, Illinois, Minnesota, New York, Virginia, Maryland, Ohio, Kansas, and Michigan.

Among other areas, Ashley has experience in trademark litigation discovery, expert witness issues specific to trademark cases, surveys, motion practice (including preliminary injunctions and contempt), trial, appeals, and pre-litigation policing.

In addition to trademark litigation, Ashley has experience with many other types of intellectual property cases. Examples include copyright disputes and related issues, prosecution and defense of trade secret litigation, trade dress claims, policing against counterfeit goods, claims related to breach of computer network security, and John Doe suits to identify individuals involved in illegal Internet activities.  Specific examples of past experience in these areas include:

  • Defense of a major international media company in federal copyright litigation, including defense of a temporary restraining order request which would have prevented the season finale of a highly-rated television show from airing;
  • Representation of a New York advertising agency in a copyright dispute;
  • Representation of a national health insurance company in US federal court and related Canadian proceedings to stop Internet fraud.

PRODUCT LIABILITY, MEDICAL MALPRACTICE, AND OTHER PERSONAL INJURY LITIGATION

Ashley has represented clients in product liability, wrongful death, and other personal injury cases in many different venues throughout Texas. In addition to matters in Austin and the surrounding areas, he has handled cases in East Texas and counties along the border between Texas and Mexico.

Ashley’s experience in product liability lawsuits includes design, warning, and manufacturing defect claims with respect to products such as:

  • Automatic sliding doors
  • Medical devices
  • Grinding wheels used to polish granite and other stone
  • Safety devices used in the electrical industry
  • Pneumatic nail guns

He has represented clients in health care liability suits—including medical malpractice and nursing home negligence—in cases involving many different types of medical specialties. 

 Beyond the handling of individual personal injury and product liability cases, Ashley has experience at a number of levels working on mass tort cases. For example, Ashley has represented clients in mass tort cases including asbestos claims, pharmaceutical litigation, and claims against companies in the semiconductor industry that the use of certain chemicals cause birth defects. His experience includes primary responsibility for certain expert witness issues, fact and expert witness depositions, and many other areas.

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Public Bond litigation

Government entities in Texas may file a special court proceeding to validate their securities prior to issuance under certain circumstances. A statute governing such actions, Chapter 1205 of the Texas Government Code, provides one of the most accelerated procedures in Texas law.

Ashley has assisted at every stage of such matters, including all of the details required for initial filing and service, security bond hearings, consolidation, expert testimony, trial, and appeal.  He works closely with bond counsel and other professionals when representing clients in Chapter 1205 cases.

Ashley knows the details of how to file cases properly under this unique statute, obtain a trial setting on the same day as filing, serve by publication, and otherwise navigate this type of matter under the Travis County Local Rules. He has experience obtaining the necessary exceptions to the Travis County Local Rules in order to accommodate the special requirements of bond validation matters. 

Among other experience, Ashley was part of trial teams for two sharply contested matters which were tried to a final decision in State District Court.  He has presented expert testimony at trial, argued motions, and many other tasks. 

Some matters on which Ashley has worked generated significant media attention and citizen involvement.  One of his trials in this subject area was consolidated with an administrative appeal of a TCEQ permit.