Securities Fraud
Securities Fraud Lawyer in Houston
A securities fraud lawyer from Mithoff Law represents individual investors and financial institutions who have been wronged by bad actors in the financial sector. While fraud in general is, fortunately, on the decline, it still causes serious financial harm to innocent individuals, families, and businesses—sometimes even wiping out decades of savings and assets in one fell swoop. If you’ve been the victim of a securities or investment fraud, call us at 713-654-1122 and schedule your consultation today.
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of J.P, Morgan Chase and highly publicized bus and plant explosions.”
– Houston Chronicle, June 26, 2019
What crimes count as securities fraud?
Anyone offering you an investment opportunity has, by law, a fiduciary duty to disclose the risks involved. A fiduciary duty legally binds them to work in your best interest, and fraud occurs when they work in their own best interests instead. Securities fraud is an umbrella term for a wide range of investment scams, all with the end goal of separating investors from their money by illegal means.
The most common types of securities fraud include:
- Advance fee schemes: Small loans made over time (under the guise of fees or taxes) are promised to eventually deliver dividends later on. However, in an advance fee scheme, that money is not being invested anywhere with tangible results, so no gains are earned.
- Broker embezzlement: The deliberate misappropriation and mishandling of investments for the enrichment of the broker. In these instances, money is acquired through legal channels and then illegally funneled toward hidden purposes.
- Hedge fund fraud: Private investment partnerships that claim high returns for high investments, with the promise that investors remain hands-off in the decision-making process. Hedge funds are not inherently illegal but are easily exploitable by the financial institutions behind them.
- High yield investment fraud: Promises of high-rate returns with little risk involved. High yield investment fraud can take the form of almost any type of investment, including real estate and commodities.
- Foreign exchange fraud: An investment fraud tactic that claims major returns in the foreign currency exchange market. Similar to a high yield investment fraud, but involving the hope that fluctuations in the international market will yield profits beyond a pittance. However, major losses are more common in foreign exchange fraud.
- Late day trading: Buying or selling mutual funds once the net asset has been calculated in a manner that keeps the price “fixed” before it can be adjusted the next business day.
- Ponzi and pyramid schemes: The money brought in from new investors is used to pay off previous investors under the pretense of a return on investment (RoI).
Who needs a securities fraud lawyer?
Anyone who has lost money or assets in a securities fraud or investment fraud scheme needs an attorney with experience in the matters at hand. Many people who have fallen prey to fiscal abuse at the hands of a scam are too embarrassed to come forward and ask for help. We’re here to tell you that this is the last thing you should do.
If an individual investor or financial institution has failed to deliver on their fiduciary duty to you, or if you find yourself preyed upon by predatory financial practices, immediately file a claim with the SEC or local and state governing bodies that deal with financial fraud.
Your next step should be to call a securities fraud attorney. Securities arbitration cases require a deep understanding of the always-changing financial landscape. Without a securities fraud lawyer, you’re vulnerable and may lose even more than you already have.
Mithoff Law: Top securities fraud lawyer in Houston
When financial institutions and predatory investors betray their fiduciary duty to you, the investor, you need a strong and respected securities fraud lawyer to help you pursue justice. Mithoff Law will work hard so that you can replenish your investment losses and receive compensation for the damages these frauds caused to you, your family, and your finances.
Call us at 713-654-1122 for a consultation. We’re here to help you with everything you need to get your money back where it belongs—with you.
Oil & Gas
Top Oil & Gas Lawyer Houston
You don’t need to be an oil and gas lawyer in Houston to know that oil and gas, petrochemicals, and refining are major cornerstones of the Houston economy—and have been ever since its inception. According to the Greater Houston Partnership, the oil and gas industry employees over 237,000 workers at over 4,600 energy companies, and over $50 billion worth of facility construction projects are happening right now.
With that many moving parts, even the most cautious of individuals and companies can still make mistakes. That’s where an oil and gas lawyer in Houston comes in. Mithoff Law understands the situations that arise in the fast-paced energy sector. We have even successfully defended cases against the Texas Railroad Commission, which oversees oil and gas production for the state.
If you’re looking for an experienced oil and gas lawyer in Houston who consults with experts and knows how to win landmark cases with millions of dollars on the line, give us a call at 713-654-1122 and schedule a consultation.
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of J.P, Morgan Chase and highly publicized bus and plant explosions.”
– Houston Chronicle, June 26, 2019
Why you need an oil and gas lawyer
The landscape of the oil and gas industry exists in a state of perpetual flux, and an oil and gas lawyer in Houston must stay on top of those changes. At any given point, everything can change, whether for the negative or the positive, because of circumstances such as:
- New or updated legislation at local, state, and national levels
- Shifting environmental regulations
- Natural disasters
- Price of oil, natural gas, and/or minerals
- Labor, workers’ rights, and/or safety issues
- Establishment or breakdown of partnerships and joint ventures
- Available supplies and demands
- International market and geopolitics
- Introduction of new technologies and strategies
- Rights ownership
With so much to bear in mind while putting forth your case in Houston, you should not pursue justice without the support of an experienced oil and gas lawyer. At Mithoff Law Firm, we offer you the in-depth support you need to navigate all sizes and all shapes of both onshore and offshore oil and gas claims. This includes, but is not limited to:
- Surface, mineral, and royalty interests
- Natural disaster liability claims (particularly hurricane and tropical storm)
- Defective product claims
- Leasing agreements
- Ownership and titling issues
- Breach of contract and/or fiduciary duty claims
- Contract and payout disputes
- Drainage and waste, environmental law issues, and toxic torts
- Commercial torts
- Contamination and indemnity
- Force majeure disputes
- Pipeline, drilling, and oil rig disputes
Because we practice in one of the world’s foremost energy sector leaders, we have our fingers on the pulse of the oil and gas industry. We know what it takes to win your case.
Who gets involved in an oil and gas case
Depending on the type of case, any individual or company involved in the oil and gas industry may find themselves as part of a suit. Mithoff Law Firm offers experienced representation for:
- Landowners
- Oil and gas insurance companies
- Pipeline companies
- Oil and gas companies
- Contractors and providers
- Rights and interest owners
As our client, we not only work to ensure you receive the best possible settlement, but that your rights remain respected. We’ve defended many successful cases resulting in precedent-setting decisions. We believe that a client who knows their rights moving forward is an empowered client. Let us fight alongside you.
Knowing your rights with oil and gas companies
Outer Continental Shelf Lands Act
The Outer Continental Shelf Lands Act is one of the most common pieces of legislation we see in the courtroom. It defines the Outer Continental Shelf as all submerged land under the jurisdiction of the United States up to three miles past the shore, and the responsibility of the Secretary of the Interior.
It allows the Secretary to accept sealed competitive bids and grants permission for the most qualified to begin exploring and drilling. In addition, the OCSLA grants the Secretary the power to craft regulations as necessary so that development stays within the parameters of the Act.
These stipulations in this act can and have lead to disputes between local governments, issues with national (or international) oil and gas companies, or questions of overlapping projects.
Oil Pollution Act
With the Oil Pollution Act, the United States outlined the storage requirements necessary to minimize the risk of oil spills as well as address these catastrophes when they arise.
Violations of the Oil Pollution Act put workers and nearby communities at great risk of physical harm. Exposure to dangerous substances in the water or air can lead to chronic or terminal health issues and cause permanent damage of the planet’s most fragile ecosystems.
These are not, of course, the only laws impacting the oil and gas industry. An experienced oil and gas attorney from Mithoff Law Firm understands the complexities involved with produced oil, natural gas, mineral rights, joint ventures, and related fields. We partner with oil and gas industry experts to prepare you with the most informed, most updated research for your case.
Mithoff Law Firm: Your oil and gas lawyer in Houston
Mithoff Law Firm doesn’t just win cases. We win landmark cases. With some of the most decorated attorneys Houston has to offer, we’ve got what it takes to defend your case to its fullest. For a consultation with an oil and gas attorney, give us a call at 713-654-1122 .
Intellectual Property Litigation
Intellectual Property & Trademark Attorney in Houston
In today’s fast-paced, highly digital, and global business climate, a strong trademark attorney in Houston is an ally Houston business owners can’t afford to go without. If your business relies on patents, trademarks, or careful use of trade secrets, you need a trademark attorney in Houston to help you protect the resources that drive so much of your company’s value.
The Mithoff Law trademark and intellectual property lawyers in Houston possess the experience and insight today’s businesses need to protect themselves against patent infringement, trademark disputes, theft or dissemination of trade secrets, or any contractual abuses of proprietary resources or technology.
Wondering, “Do I need a trademark attorney?” Don’t let the lifeblood of your business be stolen or abused; a trademark attorney in Houston to can help you protect your intellectual property. Contact Mithoff Law today at 713-654-1122.
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of J.P, Morgan Chase and highly publicized bus and plant explosions.”
– Houston Chronicle, June 26, 2019
Why is intellectual property important?
Intellectual property, also known as IP, refers to any creation that came from your mind and wasn’t otherwise pre-existing. Types of intellectual property include inventions; product names, logos, and designs; literary and artistic works; and digital applications including software. Intellectual property includes patents, trademarks, copyrights, and trade secrets that intellectual property owners can apply for to certify ownership over their product, artwork, or concept.
The importance of intellectual property protection in entrepreneurship can’t be overstated. In today’s fast-paced business climate, unguarded ideas can result in costly missed opportunities.
An experienced intellectual property lawyer in Houston can help businesses of any size prevent their ideas from being stolen, misrepresented, or otherwise unlawfully used by competition or parties who wish to harm your business.
How a trademark attorney in Houston can help protect your business
According to the United States Patent and Trademark Office, trademarks can be filed to protect “words, names, symbols, sounds or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods.”
When properly implemented, trademarks and intellectual property laws can help safeguard business owners against counterfeiting and brand dilution; false advertising; stolen or duplicate product name; use of your trademark in a domain name; or any other unsanctioned use of trademarked materials that could compromise your brand.
A Mithoff Law trademark attorney in Houston has the complex litigation experience you need to protect your company’s brand both online and off. Whether through careful negotiation or aggressive litigation, a Mithoff Law trademark attorney in Houston is prepared to fight for your brand by working to end the confusingly similar or unauthorized use of your trademark. We can even fight to recover any monetary damages the infringement may have caused.
Copyright protection and litigation
Copyrights are granted to full original works that go beyond a mark or symbol. Artistic works like books, songs, and films are eligible for full copyright protection beyond a trademark. As a copyright holder, you have sole discretion over when, where, and how your copyrighted work may be used—whether it be a sample of your song in a remix or a commercial or an excerpt from your book in a magazine. Copyright protection also extends to software, as the audio/visual experience of a computer program falls under “literary works” in the Copyright Act.
A copyright lawyer at Mithoff Law can use their deep knowledge of relevant statutes and trade practices to rebuff and redress any unauthorized use of you or your business’ copyrighted works and materials.
Patent litigation
Arguably the most secure form of intellectual property, a patent is a right granted by the US government to a product inventor that excludes others from creating or selling their product without prior authorization for a set period of time, no less than 20 years from the original application. There are three kinds of patents an inventor can apply for and receive:
- Utility patents: Issued for new products, inventions, or processes.
- Design patents: Issued to protect a unique appearance or design of a particular product. For instance, the Toyota Camry can have a patented design despite not being the original car or sedan.
- Plant patents: Issued for hybridization leading to new, distinct plant varieties produced asexually (reproduction by means other than seeds)
Patents are especially important to companies in energy and technology who rely on their proprietary products and processes to distinguish their offerings from those of their competitors. And as deeply experienced Houston intellectual property lawyers, the team at Mithoff Law combine deep knowledge of both patent law and specific industry practices to protect your interests and products against the competition.
Trade secret litigation
A trade secret is a type of intellectual property that provides its owner with a competitive advantage in a given market. Trade secrets usually encompass things like formulas, processes, or recipes that allow a company to craft a unique product efficiently and effectively.
Unlike patents, trademarks, and copyrights, there is no application process or mode of government registration for a trade secret. Instead, companies must work with an intellectual property lawyer to ensure their trade secrets are protected, usually in the form of binding contracts signed by employees to prevent them from sharing trade secrets with competitors or outsiders.
The owner of a trade secret may also be able to take legal action against people who obtain sensitive information through theft, spying, or bribery.
Don’t let your life’s work fall into the wrong hands: Contact a Mithoff Law trademark attorney in Houston today.
Whether you need help filing for protection of a new product or process or you need assistance protecting your intellectual property from a competitor who wishes to harm you and your business, the trial-tested intellectual property lawyers at Mithoff Law are here to help.
Get the answers and the protection your company needs. Contact Mithoff Law today at 713-654-1122 today.
Fraud & Misrepresentation
Houston Fraud and Misrepresentation Lawyer
An experienced fraud and misrepresentation lawyer knows that few things can be as devastating to a business as an undermined transaction or contractual relationship. If a company or individual has cheated you out of funds or services that were rightfully yours, an experienced fraud and misrepresentation lawyer to help you recover the maximum compensation possible.
Mithoff Law’s trial-ready approach has helped us pursue billions lost to fraud and misrepresentation. With decades of commercial litigation experience across a number of industries, the fraud and misrepresentation attorneys at Mithoff Law possess the knowledge and trial-tested strategies necessary to help you protect your business obtain justice in complex fraud cases.
If you believe your business has been damaged by fraud or misrepresentation, you need a fraud and misrepresentation lawyer, and fast: Call Mithoff Law today at 713-654-1122 to get your case off to the right start.
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of J.P, Morgan Chase and highly publicized bus and plant explosions.”
– Houston Chronicle, June 26, 2019
What is the difference between fraud and misrepresentation?
If your business is involved in a dispute involving fraud or misrepresentation, the first thing you need to do is work with your lawyer to determine the extent of the damage, and what kind of options you may have when it comes to building a case. And one important distinction you and your lawyer will need to make is whether your case involves fraud, misrepresentation, or both.
Misrepresentation refers to a broader group of three offenses that includes fraud. All instances of fraud involve misrepresentation, but not all acts of misrepresentation are fraud.
What are the 3 types of misrepresentation?
Negligent misrepresentation
In some instances, one party hoping to persuade another party to enter into a contract may make an untrue statement recklessly and without knowledge of its truth during the negotiation process. The statement can be made without fully intending to lie or harm the other party. For example, the negligent party may insinuate that their partner is familiar with South American energy markets when asked, despite having never actually checked to ensure this fact was accurate. Although not intending to lie, the negligent party misrepresented their partner’s capabilities and potentially undermined the value of the contract. People with valid claims of negligent misrepresentation can pursue both damages and cancellation of the contract.
Innocent misrepresentation
Sometimes, one party can make a claim that they genuinely believe to be true that later turns out to be false, usually because they were also lied to and relayed dishonest information to a potential client or business partner. Returning to our previous example, if, during contract negotiation, you asked a representative of the other party whether or not their company has knowledge of South American energy markets, and they said yes because their partner had lied to them about their experience, you could be a victim of innocent misrepresentation. If victims of innocent misrepresentation can prove that this dishonesty contributed to a loss, they can pursue damages but not recission of the contract.
Fraudulent misrepresentation
Fraud is the most severe form of misrepresentation and occurs when a party knowingly makes a false statement or engages in dishonest conduct with full intent to harm and/or deceive the other party. Returning to our previous example, the dishonest party would be committing fraud if they told you their partner had knowledge of South American energy markets knowing full well that wasn’t the case, despite the fact that the effectiveness of your partnership was contingent on the alleged knowledge. Victims of fraud can sue for damages and to exit the fraudulent contract.
Unlike negligent or innocent misrepresentation, fraud can involve several acts of dishonesty and malice against you and your business, including disclosure of trade secrets, bribery, trademark infringement, breach of contract, and more.
“Since he started practicing in 1974, his cases have helped produce reforms in hospital credentialing of physicians and reporting of physician misconduct; prompted medical manufacturers to pull defective products off the market; led hospitals to improve their use of post-surgical intravenous solutions; and triggered a manufacturer’s recall of defective tires.”
– Super Lawyers, September 15, 2021
Fight back against fraud with an experienced fraud and misrepresentation lawyer at Mithoff Law
Being defrauded by someone you thought you could trust can feel like having the rug pulled out from under you. If you’ve been the victim of fraudulent or misrepresentative actions, Mithoff Law is here to help you pick up the pieces and fight for the compensation you deserve.
Mithoff Law’s strategic approach and deep track record of success help us treat your case with the respect and diligence it deserves. We work tirelessly to ensure fraudulent actors are brought to justice.
Don’t let dishonesty taint what you’ve worked hard to build: contact a fraud and misrepresentation lawyer Mithoff Law today at 713-654-1122 to discuss your rights and learn how you can fight back.
Contract
Trial-Tested Breach of Contract Lawyers in Houston
Strong business relationships are built on a foundation of trust and, as good breach of contract lawyers will tell you, contracts. Contracts ensure that all parties act fairly and under agreed-upon terms. Unfortunately, failure to perform the duties outlined in these contracts is an all too common occurrence, often leaving those with monetary damages with only one choice: fight back.
If a breach of contract has impacted you, your family, or your organization, you need to work with the kind of breach of contract lawyers who are familiar with the complexities and high-stakes of contract litigation.
The Houston contract lawyers at Mithoff Law have years of experience reaching equitable remedies in high-stakes breach of contract settlements and suits, successfully securing hundreds of millions of dollars for clients with complex cases.
If you’ve experienced monetary damages from a breach of contract, you need a contract lawyer with a precedent-setting track record of results. Call us today at 713-654-1122.
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of J.P, Morgan Chase and highly publicized bus and plant explosions.”
– Houston Chronicle, June 26, 2019
Mithoff Law’s contract dispute experience
The breach of contract lawyers at Mithoff Law have helped clients reach favorable outcomes in a variety of complex contract disputes, including those involving energy rights, property development, health care settlements, and more. As such, we’re prepared to help with a variety of contract issues. These are just some examples of contract disputes we’ve helped our clients solve.
- Natural gas dispute: Mithoff Law helped to ensure that more than $200 million in natural gas will not be trapped under Hutchinson County after helping two companies resolve a contract dispute and reach an agreement in Austin.
- $52.6 million abandoned contract: Mithoff Law helped a group of high-powered Houston business leaders locked in a legal dispute with a major New York-based investment firm over a failed venture to develop entertainment venues.
- $200+ million contract settled between medical giants: With help from Mithoff Law, The Texas Heart Institute has agreed to partner with the Catholic hospital chain that bought the St. Luke’s Episcopal Health System, ending a multi-month contractual dispute tied up in a Harris County.
How can breach of contract lawyers help remedy a breach of contract?
The deeply experienced breach of contract lawyers at Mithoff Law can help you reach the appropriate equitable remedy in your contract dispute. Under Texas law, the following remedies are available for breaches of contract:
- Release from your contractual obligations
- Compensation for monetary damages
- Quantum meruit (recompensation for the value of the contracted goods or services)
How are the breach of contract lawyers at Mithoff Law different?
In no uncertain terms, Mithoff Law is home to some of the most competitive, acclaimed breach of contract lawyers Houston has to offer. Richard Mithoff and his team have achieved victories in precedent-setting contract cases with hundreds of millions of dollars at stake.
Our contract lawyers are familiar with the unique needs and complexities of a variety of industries, including:
- Oil and gas rights
- Real estate and land ownership
- Construction contracts
- Government contracts
- Corporate control agreements
- Insurance agreements
- Development agreements
- Shareholder disputes
Don’t compromise on what you deserve: Contact the breach of contract lawyers at Mithoff Law today
If someone you trusted violated the terms of the contract you created, a breach of contract lawyer from Mithoff Law can help. You deserve justice—even if monetary damages aren’t the primary issue at hand.
Wondering if you have a case or what options are available to hold the breaching party accountable? The Houston contract lawyers at Mithoff Law are here to answer all your questions and more.
The road to remedying your situation starts with just the click of a button: Call us today at 713-654-1122 to request a consultation.
Commercial Litigation
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