Michael R. Horne

Michael represents a wide variety of businesses, financial institutions, consumer finance companies and entrepreneurs in complex commercial disputes, consumer finance litigation and regulatory compliance matters throughout the United States. Michael has significant experience defending cases involving alleged fraud, breach of contract, misappropriation of trade secrets, breach of fiduciary duty, and related claims. Michael’s practice also focuses on defending consumer finance companies and loan servicers involving alleged violations of the Fair Credit Reporting Act, Telephone Consumer Protection Act and Fair Debt Collection Practices Act.

• Second-chair in prosecution and defense of breach of contract claims and declaratory judgment counterclaims in arbitration between two private equity funds resulting in dismissal of counterclaims against client and arbitration award in client’s favor.
• Defended private equity group against co-managers alleging breach of management agreement and investment company agreement and negotiated favorable settlement during trial after obtaining summary judgment on co-managers’ claims.
• Represented bank holding company in obtaining injunctive relief against former directors and shareholders regarding takeover attempt in violation of Change in Bank Control Act.
• Represented financial institution in breach of trust action against income-only beneficiary for recovery of misappropriated trust assets and defense of breach of fiduciary duty counterclaims resulting in favorable settlement of instant action and parallel litigation in foreign jurisdiction involving remaindermen of trust.
• Represented financial institution in defense of preemptive declaratory judgment action dismissed and affirmed on appeal regarding series of note and guaranty agreements secured by private aircraft and limited liability company interests.
• Represented private equity group in prosecution of statutory fraud, common law fraud, and breach of contract and defense of breach of contract and trade secrets claims resulting in favorable mediated settlement after partial summary judgment.
• Defended loan servicers against claims made under the Telephone Consumer Protection Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, and related state law claims throughout the United States.
• Represented joint venture between two telecommunications companies in arbitration proceedings regarding refurbishment and resale of cellular phones in international markets.
• Represented boutique investment bank and its principal in misappropriation of trade secrets, breach of fiduciary duty, conversion and fraudulent transfer claims related to alleged fraudulent asset purchase of frac sand operations.
• Represented nonparty bank as subpoena counsel in shareholder derivative action regarding “dead hand proxy put” in syndicated credit agreement.
• Defended entrepreneur in ownership dispute regarding breach of fiduciary duty and tortious interference claims nonsuited in client’s favor.
• Defended former employee of technology company regarding non-competition and non-solicitation claims and breach of contract counterclaims against former employer who nonsuited claims and paid client’s commission-based pay.
• Represented bank in defense of breach of contract, negligence and conversion claims dismissed at summary judgment and affirmed on appeal regarding cosignatory’s decision to withdrawal balance and close deposit accounts.
• Represented bank in defense of UCC claims brought by company regarding check-fraud scheme by former employee.

• Dallas Bar Association
• Dallas Association of Young Lawyers
• Texas Association of Bank Counsel
• Association for Corporate Growth