In an era with few, true business trial lawyers, Eric Wood has tried dozens of cases in both state and federal court and argued appeals in Texas and U.S. Circuit Courts of Appeals. He is a tireless and creative litigator who has represented clients in all kinds of business disputes for more than 20 years, including cases involving breach of contract, misappropriation of trade secrets, enforcement of non-competition agreements, deceptive trade practices (DTPA), fraud, breach of fiduciary duty, copyright infringement, trademark infringement and patent infringement, fair debt collection practices, and employment disputes.
Mr. Wood is an AV-rated litigator and has received many honors for his legal acumen, including accolades as a Top Business and Commercial Litigator, Super Lawyer, and Rising Star in publications such as The American Lawyer, Corporate Counsel, Martindale Hubbell, Texas Monthly, and National Law Journal.
If you want favorable results for your company in the court room, there is only one attorney to call, it’s Eric Wood. I know this first hand because Mr. Wood represented my company on two different cases. I own a small million dollar company and I had the misfortune of being legally bullied by what was deemed then as the 70th largest corporation in the United States. Through luck and luck alone, I found Eric Wood while searching the internet for business attorneys. We not only won the case, the judge sanctioned the losing party and required them to pay me my legal expenses. Eric Wood is a truthful hard working litigator and the judge sees this when Eric presents his case in the courtroom.
- President/CEO of Dallas-based Business.Mr. Wood is an accomplished and seasoned trial lawyer with the depth of experience and skill to effectively represent his client in any commercial dispute in state or federal court. And he kicked my rear so I should know.
- Opposing counsel in federal lawsuitOur faith and confidence for Business Litigation lies solely with Eric Wood. Since 2009 our company has in fact always had a positive outcome.
- President of advertising agency and Dallas-based client.An insightful, hardworking lawyer, Eric brings a laser focus to his cases. His ability to understand and communicate complex legal issues has made him an effective advocate for his clients.
- Former colleaguePractice Focus & Experience
Litigation
- Won jury verdict on behalf of home purchaser against sellers for knowingly violating the Texas Deceptive Trade Practices Act by misrepresenting and hiding massive damage to the home resulting from Winter Storm Uri. Linscott v. Smith, No. 107932-86 (86th Judicial District Court of Kaufman County, Texas, Nov. 3, 2023).
- Obtained summary judgment dismissing all of Plaintiff’s claims against medical device manufacturer for breach of contract, violation of the Deceptive Trade Practices Act and negligent hiring/training/supervision arising out of leases of optical equipment. Kaiser v. Carl Zeiss Meditec, Inc., et. al., No. 2:22-cv-00038-AM-JAC (W.D. Tex. Dec. 13, 2023).
- Defended majority owner of closely held corporation from claims of fraud, breach of fiduciary duty and fraudulent transfer resulting in dismissal of all claims for no consideration on the eve of trial. Millennium Express Home Delivery, Inc., et. al. v. Vilath Sakvadong, et. al., No. CC-21-01439-D (Dallas County Court at Law No. 2, Jan. 9, 2024).
- Obtained injunction on behalf of title company against party to commercial property transaction for bad faith refusal to return sales proceeds following sale of property. Madison Title Agency, LLC v. Pradeep Chheda, Trustee of the Mahavir Irrevocable Trust, No. 2022-82667 (189th Judicial District Court of Harris County, Texas, Dec. 22, 2022).
- Successfully upheld on appeal a trial court’s denial of multi-level marketing company’s motion to compel arbitration against sales representative because the arbitration clause upon which it relied was illusory and unenforceable. WorldVentures Mktg., LLC v. Travel to Freedom, LLC, No. 05-20-00169-CV, 2020 WL 5651657 (Tex. App.—Dallas Sept. 23, 2020, no pet.)
- Won third appeal to Fifth Circuit in same action, in which the Court conclusively held that Fed. R. Civ. P. 41 stipulation of dismissal does not deprive the trial court of subject matter jurisdiction to rule on a fee request or other ancillary matter, and the Court invited client to seek attorney’s fees for appellant’s continued frivolous filings. Automation Support, Inc. v. Humble Design, L.L.C., 982 F.3d 392 (5th Cir. 2020)
- Successfully granted injunction for buyer enjoining seller of consulting business from retaking ownership of business under force majeure clause applicable to COVID-19 pandemic. M&A Capability Partners, LLC vs. Managed Growth Services, LLC, et. al., No. 219-04166-2020 (219th Judicial District Court of Collin County, Texas, Sept. 28, 2020).
- Obtained injunction enjoining purchaser of FedEx service routes from transferring same without paying purchase price to seller in asset purchase agreement, and ultimately awarded summary judgment granting judgment for entire purchase price and attorney’s fees to seller. T & TR Transport, Inc. v. Symank Business Systems, inc., No. DC-16-14901 (160th Judicial District Court of Dallas County, Texas Sept. 14, 2017).
- Co-counsel in suit brought by former partner in private equity firm for failure to recognize carried percentage interests in investment funds; case settled for seven figures prior to trial. Thomas Henley v. Saul M. Meyer, et. al., No. DC-14-00731 (44th Judicial District Court of Dallas County, Texas Mar. 2018)
- Attained summary judgment for debt collector client dismissing all claims arising out of Fair Debt Collection Practices Act with prejudice. Manning v. Elevate Recoveries, No. 4:16-CV-942-ALM-CAN, 2017 WL 5586674 (E.D. Tex. Oct. 16, 2017), report and recommendation adopted sub nom. Manning v. Elevate Recoveries, L.L.C., No. 4:16-CV-942, 2017 WL 5569874 (E.D. Tex. Nov. 20, 2017).
- Co-counsel for insurance carrier in case in which summary judgment was granted dismissing first party insurance claims arising out of flood to real property. Yanez v. American Strategic Insurance Corporation et al, Case 4:17-cv-00788-O (N.D. Tex. Jun. 21, 2018).
- Following filing of Rule 12(b)(6) motion seeking dismissal of RICO claims, plaintiff dismissed client with prejudice for zero recovery. Baraz, et. al. v. Hatfield, et. al., Case 3:18-cv-01790-K (N.D. Tex. Oct. 2018).
- Awarded complete amount of attorney’s fees on behalf of defendant as prevailing party under Texas Theft Liability Act (TTLA) following plaintiff’s dismissal of all claims with prejudice for zero recovery. Following appeal and oral argument to the Fifth Circuit, the Court upheld the district court’s award in its entirety and remanded for additional attorney’s fees incurred on appeal. Automation Support, Inc. v. Humble Design, L.L.C., No. 17-10433, 2018 WL 2139042 (5th Cir. May 9, 2018).
- Court granted defendant’s motion to dismiss under Texas Citizens Participation Act (Anti-SLAPP statute), dismissing plaintiff’s defamation and disparagement claims with prejudice and awarding defendant his attorney’s fees and costs. The 4Csons Group LLC d/b/a/ 4Sight Neighborhood Management vs. Matthew Wheaton, No. 401-03563-2016 (401stDistrict Court, Collin County, Texas, Nov. 8, 2016).
- Court granted Rule 12(b)(6) motion dismissing plaintiff’s unlawful lockout, wrongful eviction, trespass, and invasion of privacy claims with prejudice. Dismissal upheld in its entirety on appeal to the Fifth Circuit. Warren v. Bank of Am., N.A., 717 F. App’x 474 (5th Cir. 2018).
- Rule 12(b)(6) motion to dismiss granted dismissing plaintiff’s Fair Debt Collections Practices Act (FDCPA) complaint with prejudice. Dittig v. Elevate Recoveries, LLC, et al., No. 2:16-CV-01155-AJS, 2016 WL 4447818 (W.D. Pa. Aug. 24, 2016).
- Defended personal guarantor against bank in appeal of trial court judgment awarding bank zero attorney’s fees arising out of breach of loan agreement and personal guaranty. Matter of Dallas Roadster, Ltd., 846 F.3d 112, 116 (5th 2017).
- Obtained summary judgment in favor of note holder on declaratory judgment claim involving foreclosure of stock as collateral under note. Annie Nguyen v. Mai Nguyen, No. DC-16-08066 (193rdDistrict Court, Dallas County, Texas, Jan. 9, 2017).
- Won jury verdict against local hospital for material breach of services agreement. Vanguard Resources, Inc. v. Grayson County Physicians Property, LLC d/b/a Heritage Park Surgical Hospital, No. CV-12-1941 (15th District Court, Grayson County, Texas, Feb. 12, 2015).
- Won jury verdict on behalf of local dental outsourcing lab against one of the largest dental implant manufacturers in the world for misappropriation of trade secrets and breach of contract. Dale Dental, Inc. v. Straumann USA, LLC, No. DC-12-13274 (298th District Court, Dallas County, Texas, Aug. 21, 2014).
- Reversed on appeal part of temporary injunction that constituted a prior restraint on free speech in violation of the First Amendment. Miller v. Talley Dunn Gallery, LLC, et al., 2016 WL 836775 (Tex. App. – Dallas 2016, no pet.).
- Overturned on appeal a trial court order improperly dismissing claims against foreign corporation for lack of personal jurisdiction. Masterguard, L.P. v. EcoTechnologies, LLC d/b/a Yellowblue, 441 S.W.3d 367 (Tex. App. – Dallas 2013, no pet.).
- Successfully argued and won reversal on appeal of a trial court order that improperly modified an arbitration award. White v. Siemens, 369 S.W.3d 911, 917 (Tex. App. –Dallas 2012, no pet.).
- Obtained dismissal for lack of personal jurisdiction of 3 separate lawsuits filed by Texas oil and gas companies against California website operator for defamation and business disparagement. HEI Resources, Inc., et al. v. Venture Research Institute, et al., 2009 WL 2634858 (N.D. Tex. Aug. 26, 2009); Triple Diamond Energy Corp. v. Venture Research Institute, Inc., 2008 WL 2620351 (N.D. Tex. July 3, 2008); Aspen Exploration, Inc. v. Venture Research Institute, Inc., et al., No. 3:08-CV-01393 (N.D. Tex. Jan. 23, 2009).
- Attained judgment at trial against former client of accounting firm for breach of contract. Elwell Enterprises, Inc., et al. v. Edward Sigmond, et al., No. DC-11-07277 (160th District Court, Dallas County, Texas February 27, 2013).
- Successfully represented business-advising firm in a trial for breach of a brokerage agreement against corporation and its president in his individual capacity. The Fort Worth Court of Appeals affirmed the trial court’s judgment in its entirety against both the corporation and its president. EID Corp. d/b/a Come-N-Go and Mohd S. Alhajeid v. Fort Worth-Tarrant Sunbelt, Inc. d/b/a DFW Sunbelt Business Advisors, 2006 WL 1562665 (Tex. App. – Ft. Worth 2006, no pet.).
- Earned dismissal of two separate lawsuits filed by former independent distributors of direct sales nutritional supplement company for breach of contract and unfair trade practices. Christina Sapp v. FirstFitness International, Inc., No. 3:09-CV-1846-N (N.D. Tex. Aug. 11, 2010); Fredrick Thomas v. FirstFitness International, Inc., No. 3:09-CV-324-L (N.D. Tex. June 30, 2010).
- Obtained judgment on behalf of a Mississippi casino dismissing Texas corporation’s claims against casino for want of jurisdiction after hearing on casino’s special appearance. Platinum Air Charters, LLC v. Circus Mississippi, Inc., No. 05-35560-3 (County Court at Law No. 3, Tarrant County, Texas Jan. 26, 2006).
- Obtained summary judgment for president of a New York corporation against allegations of fraud and claims to pierce the corporate veil for acts performed on behalf of the corporation. Unified Building Sciences, Inc. v. Stephen Gwertzman, et al., No. DC-03-07728 (68th District Court, Dallas County, Texas Feb. 2005).
- Co-chaired jury trial on behalf of insurer in subrogation action against multi-national corporation for property damage to downtown Dallas bar resulting from broken fire sprinkler pipe. Two Dots, Inc. v. Tyco Fire & Security, et al., No. DC-03-12145 (101st District Court, Dallas County, Texas April 2005).
- Defended large insurance carrier from first-party claims brought by insured resulting in insured’s dismissal of all claims before trial for zero recovery. Roxanne O’Neal v. Allstate Ins. Co., et al., No. 348-219228-06 (348th District Court, Tarrant County, Texas August 2007).
Labor & Employment
- Won arbitration award on behalf of terminated former president of auto leasing company for failure to pay severance due and owing under employment agreement and defeating false claims of termination for “cause” under agreement, and which award was confirmed in its entirety by the District Court. Frunzi v. MUSA Auto Holdings, LLC, No. DC-18-14445 (162nd Judicial District Court of Dallas County, Texas, Jan. 11, 2024).
- Obtained summary judgment on behalf of former employee dismissing claims for violation of non-competition/non-solicitation agreement by working for a competitor and allegedly stealing clients in waste oil industry. Dallas Oil Service, Inc. v. Shannon Troy Neptune, No. DC-20-16858 (192nd District Court of Dallas County, Texas, Feb. 10, 2022).
- Successfully defended popular restaurant chain in arbitration from claims by former employee of race discrimination and retaliation. Makiya Congious v. Whataburger Restaurants, LLC, 01-22-0003-2357 (Before the American Arbitration Association, Feb. 5, 2024).
- Litigated action by former executive officer against real estate advisory firm for breach of severance agreement resulting in favorable six figure settlement. Clark White v. Mohr Partners, Inc., No. DC-18-10269 (44th Judicial District Court of Dallas County, Texas Aug. 2019).
- Court granted summary judgment in favor of former employee against employer on claims for breach of non-competition agreement, tortious interference, and breach of duty of loyalty and recovered full amount of attorney’s fees for employee as a result of defendant’s attempt to enforce an unenforceable non-competition agreement. Martin Fletcher Locums, Inc. v. John Arrambide, et al., No. DC-15-06694 (14thDistrict Court, Dallas County, Texas, Oct. 14, 2016).
- Granted summary judgment on behalf of former employee and independent contractor dismissing all claims by company for misappropriation of trade secrets, tortious interference and civil conspiracy. Affirmed on appeal by the Dallas Court of Appeals. Expert Tool & Machine, Inc. v. Sean Petras, et al., 2015 WL 5093251 (Tex. App. – Dallas 2015, no pet.).
- Represented popular hotel in defense of former employee’s claims of sexual harassment, assault and intentional infliction of emotional distress, resulting in settlement for a nominal amount before trial. Stacey Summer Carrillo v. American Property Management Corp., et al., No. 318186 (County Court at Law No. 10, Bexar County, Texas Oct. 2007).
Intellectual Property Litigation
- Defended long-time assistant of Mary Kay Ash from claims by the company for copyright infringement arising out of a book authored by her regarding her time and experience with Mary Kay Ash resulting in a favorable settlement just prior to trial. Mary Kay, Inc. v. Jennifer Bickel Cook, No. 3:21-cv-02543-C (N.D. Tex., Jun. 2023).
- Prosecuted trademark infringement action involving trademarks for outdoor hunting products resulting in seven figure settlement prior to trial. Yukon Advanced Optics Inc v. Sellmark Corporation et al, Case 3:18-cv-02318-E (N.D. Tex. Oct. 2019).
- Defended local LED manufacturer from claims by global electronic components provider for claims of breach of distribution agreement and breach of implied warranty of infringement arising out of third party’s patent infringement allegations resulting in favorable settlement on the eve of trial. Arrow Electronics Inc v. Antron Compact Electronics, LLP, Case 4:18-cv-00010-O (N.D. Tex. Apr. 2019).
- Defended global networking hardware company in patent infringement action in Eastern District of Texas involving power over internet technology resulting in favorable settlement just prior to trial. Chrimar Systems, Inc. et. al. v. TRENDnet International, Inc. et. al., Case 6:15-cv-00618-JRG-JDL (E.D. Tex. Apr. 2017).
- Obtained dismissal for lack of personal jurisdiction for client in patent infringement lawsuit involving school traffic safety equipment. Jones v. RTC Mfg., Inc., No. 8:16-CV-1686-T-35JSS, 2017 WL 2322817 (M.D. Fla. Mar. 24, 2017).
- Defended a Fortune 500 company against plaintiff uninterruptible power supply company’s claims of copyright infringement of plaintiff’s software, misappropriation of trade secrets, conversion, unfair competition and violation of the RICO statute. MGE UPS Systems, Inc. v. General Electric Co., et al., No. 4:04-CV-929-Y (N.D. Tex.).
- Defended several real estate developers in two lawsuits alleging copyright infringement, fraud and violation of the RICO statute, resulting in settlement of all claims. Allen, et al. v. Jooma, et al., No. 3:11-CV-0946-K (N.D. Tex.); Architettura, Inc. v. Lufkin Pioneer Crossing, LP, et al., No. 3:10-CV-2611-K (N.D. Tex.).
Professional Liability
- Won 12(b)(6) motion to dismiss on behalf of attorney client, whereby court dismissed every claim by plaintiff including securities fraud, legal malpractice and civil conspiracy. Brian Lehman v. John A. Davis, et al., No. 3:06-CV-2035-P (N.D. Tex. July 5, 2007).
Real Estate Litigation
- Successfully obtained temporary injunction following hearing on application for injunctive relief on behalf of home buyer against seller enjoining sale of real property, resulting in favorable settlement prior to trial. Rami Bouajram v. Eric Armendariz, et. al., No. 23-1447-211, (211th Judicial District Court of Denton County, Texas, Mar. 31, 2023).
- Obtained summary judgment on behalf of seller and real estate broker involving allegations of breach of contract, fraud in a real estate transaction and violation of the Texas Deceptive Trade Practices Act (DTPA) arising out of contract for sale of real estate. Morris Rogers v. Crystal Jordan, et al., No. 048-217767-06 (48th District Court, Tarrant County, Texas June 8, 2006).
- Successfully represented corporate homebuilder in defense and dismissal of invalid and unenforceable mechanic’s liens filed by two former officers of corporation. Whitney Homes, LLC v. Randy Brock, No. 96-220610-06 (98th District Court, Tarrant County, Texas Feb. 7, 2007).
- Argued and won summary judgment motion dismissing home buyers’ negligence claims against foundation repair company and its agent. Robert Steven Laboon, et al. v. Structured Foundation Repairs, Inc., et al., No. 141-223686-07 (141st District Court, Tarrant County, Texas May 13, 2008).
- Effectively obtained writ of garnishment against commercial real estate tenant on behalf of landlord and defeated motion to dissolve writ, leading in positive settlement of claims. Parker Midway, L.P. v. Artfest International, Inc., No. DC-10-09597 (44th District Court, Dallas County, Texas Nov. 2, 2010).
Bankruptcy
- Mr. Wood has experience filing proofs of claim, attending meetings of creditors, taking Rule 2004 depositions, and litigating adversary proceedings up to and including final trial on the merits. Mr. Wood has also recently served as outside counsel to a member of the committee of unsecured creditors in a large oil and gas bankruptcy matter. He is admitted in the U.S. Bankruptcy Courts for the Northern, Eastern, Southern and Western Districts of Texas.
- Defeated at trial every element of actual damages sought by debtor in adversary proceeding in bankruptcy court for violation of automatic stay. Bruner-Halteman v. Educational Credit Management Corp., No. 14-03041-hdh, 2016 WL 1427085 (Bankr. N.D. Tex. Apr. 8, 2016).
Admissions
- Texas (2002)
- United States District Court for the Northern District of Texas (2003)
- United States District Court for the Eastern District of Texas (2003)
- United States District Court for the Southern District of Texas (2009)
- United States District Court for the Western District of Texas (2009)
- United States Court of Appeals for the Fifth Circuit (2015)
- United States Supreme Court (2018)
- Admitted in the U.S. Bankruptcy Courts for the Northern, Eastern, Southern and Western Districts of Texas
Affiliations
- State Bar of Texas
- Dallas Bar Association
- Collin County Bar Association
- Eldon B. Mahon Inn of Court, (2004 – 2006)
Education
- St. Mary’s University School of Law, J.D., Cum Laude (2002)
- Phi Delta Phi
- John M. Harlan Society
- Texas Christian University, B.B.A. in Finance, (1999)
- Minor – Political Science
- Studied International Business – Köln, Germany (1998)
Honors
- AV-Rated by Martindale-Hubbell
- Texas Super Lawyer, Texas Monthly and Super Lawyers (2017 – 2023)
- Texas Rising Star, Texas Monthly and Super Lawyers (2009 – 2017)
- Selected as one of Texas’ Top-Rated Lawyers in Business and Commercial Litigation by Legal Leaders Magazine (2014)
- Recognized as one of the Top Rated Lawyers in Commercial Litigation Law by The American Lawyer, Corporate Counsel, Martindale Hubbell, and National Law Journal (2013)
The best part of being a TCU alum and lifelong fan of TCU athletics is now getting to share the joy of attending and watching games with my kids, who have also adopted the Frogs as their #1 team.
In addition to enjoying the physical challenge of cycling, I have often found the alone times on my bike as being good for thinking about strategies on pending cases.
One of the most beautiful golf courses I have ever seen, and I got to share the pleasure of playing here with my wife.
More About Eric Wood
Eric has been happily married to his wife, a fellow lawyer, for close to 15 years. He has twin sons and a daughter. On the (increasingly) rare weekend or evening when he is not attending one or more of his children’s various sporting events or activities, he likes to read, cycle and play golf.