Partner C. Dunham Biles

Mr. Biles leads the firm’s high-stakes litigation and appellate practices which includes business disputes, intellectual property (trade secrets, patents, copyrights, and trademarks), antitrust, shareholders and securities, and fiduciary duty matters. Mr. Biles is a strong advocate for his clients in all forums whether in court, before arbitration tribunals, before legislative and regulatory bodies, and in the court of public opinion. In addition, Mr. Biles represents financial institutions in consumer and commercial finance litigation matters, including FDCPA, FCRA, TCPA, bankruptcy, foreclosures, collection, and replevin issues.

Mr. Biles works diligently to help his clients meet their objectives and exceed their expectations. Mr. Biles is viewed by clients as a trusted business partner and an advocate who works seamlessly with in-house counsel, officers, directors, and employees to design and implement successful strategies.

Education

  • J.D. University of Chicago Law School (2000)
  • B.A. University of Pennsylvania (1996)

Licensed in

  •  Texas
  •  Arizona

Federal Courts Admitted in

  • United States Supreme Court· United States Court of Appeals
  • Fourth Circuit
  • Fifth Circuit
  • Ninth Circuit
  • Federal Circuit
  • United States District Courts
  • District of Arizona
  • Northern District of Texas
  • Eastern District of Texas
  • Southern District of Texas
  • Western District of Texas

Intellectual Property

  • Raytheon Co. v. Indigo Systems Corp. and FLIR Systems, Inc. Successfully defended Indigo and FLIR against claims of misappropriation of purported trade secrets and patent infringement related to cryogenically cooled and uncooled infrared cameras.
  • The Board of Regents, University of Texas System, on behalf of University of Texas at Austin and Hydro-Québec v. Nippon Telegraph and Telephone Corporation. Successfully represented Plaintiffs in prosecuting claims for misappropriation of trade secrets related to lithium (LiFePO4) battery technology invented at the University of Texas.
  • FLIR Systems, Inc. v. Sierra Media, Inc. and Fluke Corp. Successfully represented FLIR in prosecuting false advertising claims and defending FLIR against trademark infringement claims.
  • Roper, et al., v. James-Wray, et. al. Defeated a request for emergency injunctive relief and successfully represented group in regard to alleged claims made by its former DJ including claims for: trademark infringement and dilution; Lanham Act violations; featured performer rights, breach of contract, name image likeness, breach of fiduciary duties, fraud, tortious interference, and unfair competition.

Antitrust

  • RSR Corp. v. Marsh & McLennan Companies, Inc., et. al. Successfully represented the insured party in prosecuting state antitrust, fraud, and breach of fiduciary duty claims against insurers.
  • Love Terminal Partners, LP and Virginia Aerospace, LLC v. The City of Dallas, Texas, et. al. Represented the owner of a private terminal at Dallas Love Field in prosecuting antitrust claims against two major airlines, the cities of Dallas and Fort Worth, and Dallas Fort Worth International Airport.
  • Successfully resolved matter for a group of hospitalists versus a hospital.
  • Represented multinational companies investigating potential antitrust claims and issues throughout the world.
  • Successfully represented clients in regard to foreign and domestic governmental antitrust investigations.

Environmental

  • Successfully represented client in defending against complex, multiparty environmental litigation.

Business Disputes

  • RSR Corp., et. al. v. Johnson Controls Battery Group, Inc. In a case involving hundreds of millions in alleged damages, successfully represented RSR in prosecuting claims for breach of a significant multi-year supply contract and defended client against counterclaim for alleged breach of a most favored nation clause.
  • Rockin Sunset Park of Terrell, Inc., v. Ryan Hudden. Successfully represented company and majority owner in business divorce case that included claims for a forced sale, equal division of ownership, breach of fiduciary duty, and conversion.
  • Fieldale Farms Corporation, et. al., v. Somma Food Group, LLC. Twenty-four hours after being retained: drafted, filed, and argued a response to a motion for summary judgment and shortly thereafter obtained dismissal of the bill of review thereby preserving a multi-million-dollar judgment for client.
  • Successfully represented a Fortune 100 company in the Delaware Court against appraisal claimants after a nearly $1 billion acquisition.

Fraud, Breach of Fiduciary Duties, and Securities Fraud

  • Successfully represented a Fortune 100 company and officers in a shareholder derivative suit against claims made in a putative class action for alleged breaches of fiduciary duties and aiding and abetting breaches of fiduciary duties related to a nearly $1 billion acquisition.
  • AE Marketing, LLC v. Heritage Organization, LLC, et. al. Successfully represented owners of a hotel and casino in Las Vegas, Nevada in prosecuting claims for fraud and breach of fiduciary duty arising out of a “squeeze-out” merger and secured a judgment awarding clients majority control and over $26 million in punitive damages.
  • Kim Anderson v. Evan Anderson and Oseberg, Inc. Successfully represented company and its founder in regard to claims for breach of fiduciary duty and inspection of books and records.
  • James & Jackson, LLC v. Evander Holyfield, et. al. Successfully represented minority owner in television network in prosecuting claims for breach of fiduciary duty against board and officers arising out of a “squeeze-out” merger.

Executive Compensation/Non-Compete/Employment Discrimination/Sexual Assault

  • Successfully represented former CFO and general counsel in prosecuting claims for breach of employment agreements in regard to their golden parachute provisions after the company was taken private.
  • Low-T Physicians Service PLLC et. al., v. LTBR Enterprises LP et. al. Successfully represented subsequent employer of Plaintiff’s former employee (non-compete and non-solicitation issues).
  • Medigain v. Benchmark. Successfully resolved matter for subsequent employer of Plaintiff’s former employee (non-compete issue).
  • Gregory D. Sanders v. Greenway Technologies, Inc. Successfully defended a publicly traded company in a lawsuit brought by a former consultant’s claim for breach of an alleged employment agreement.
  • Successfully represented a pilates studio that hired a well-known instructor from another studio (non-compete issue).
  • Successfully resolved for Plaintiffs a race discrimination case against a large school district.
  • Jane Doe #2 v. Home Marketing Services, Inc., et. al. Successfully represented employer and individual against sexual assault claim.
  • Successfully represented an individual accused of sexual assault of a minor.
  • Successfully represented a professional athlete accused of sexual assault.

Financial Services Litigation

  • Successfully represented consumer lenders in thousands of replevin matters.
  • Successfully represented financial institutions in connection with FDCPA, FCRA, and TCPA claims, including putative class action.

Insurance

  • Successfully represented insurance company in coverage arbitration in London against another insurer after taking over just one month before the
  • arbitration (the matter had been litigated for four years).
  • Ramos v. City of Farmers Branch, 05-07-00137-CV (5th District Court of Appeals, Dallas)
  • Love Terminal Partners. L.P. v. City of Dallas, 05-07-00383-CV, 07-11215 (5th District Court of Appeals)
  • Villafranca v. United States of America, 08-10920 (5th Circuit Court of Appeals)
  • Villas at Parkside Partners, et. al., v. City of Farmers Branch, 0:2010cr10751 (5th Circuit) (Before a panel and En Banc)
  • Raytheon v. Indigo Systems Corporation, FLIR Systems, Incorporated, 2011-1245, -1246 (Federal Circuit)
  • AE Marketing, L.L.C. v. Heritage Organization L.L.C., 12-10985 (5th Circuit)
  • Villas at Parkside Partners v. City of Farmers Branch – Response to petition for cert., 13-516 (U.S. Supreme Court)
  • Azad, Individually and d/b/a 5 Million Square Feet Companies v. MRCO, Inc., et. al., 14-12-00165-CV (14th District Court of Appeals)
  • Capital Finance, LLC v. Oscar Rosenberg and Josef Neuman, 19-1202 (4th Circuit District Court of Appeals)
  • Fieldale Farms Corporation, et. al., vs. SOMMA Food Group, LLC, et. al., 05-20-00191-CV (5th District Court of Appeals)
  • Brown v. City of Houston, et. al., 22-0256 (Texas Supreme Court)
  • Selected to the list of “Super Lawyers” for Business Litigation in Texas (2021 and 2023)
  • D Magazine “Best Lawyers in Dallas” (2022 and 2023)
  • The Jeff Crilley Show
  • Fox 5 Washington D.C., Alexandria City Counsel considers removing panhandling restrictions
  • WBAP News Talk, ‘After School Satan Club’ to open at elementary school, sparking controversy among parents
  • Newsradio 1040 WHO/Newsradio 600 WMT. ‘After School Satan Clubs’
  • NBC 4 Washington D.C., Air Passenger Rights
  • Used Car Week: Mitigating Dealer Fraud and Minimizing Risk
  • Texas State Bar Convention: Open Meetings Act
  • Dallas Bar Association: Antitrust (Love Terminal Partners v. DFW Int’l Airport Board, et al.), Immigration (Voting Rights Act litigation)
  • NYU Law School: Lessons Learned from the Front Lines: Challenging Local Anti-Immigrant Ordinances in the Midst of a National Call for Reform
  • Southern Methodist University Dedman School of Law: The successful legal challenge of the unconstitutional immigration ordinances adopted by the Dallas suburb of Farmers Branch, Texas
  • Guest lectures at UNT Dallas College of Law (legal writing); SMU (law and economics)