
Paul R. GenenderPaul R.Genender
Partner, Complex Litigation
Paul R. Genender is co-chair of the Complex Litigation & Arbitration practice, chair of the Texas Commercial Litigation practice and co-chair of the Dallas office at Paul Hastings. He is a seasoned trial lawyer with an established track record of courtroom success representing plaintiffs, defendants, debtors and creditors.
REPRESENTATIONS
Obtained complete no liability defense jury verdict for client in protracted real estate dispute including final judgment awarding attorney''s fees as prevailing party (June 2024).
Lead trial counsel for former CEO of a healthcare company accused of breach of fiduciary duty and where damages sought in excess of $250 million. Obtained complete summary judgment in favor of client from Delaware federal court (June 2024).
Obtained multimillion dollar jury verdict for all requested damages and final judgment for national staffing company in real estate dispute, including recovery of attorney''s fees (February 2024).
Lead trial counsel in successful defense of Apple in consumer class action brought in the Eastern District of Texas.
Lead counsel representing Alaska Airlines in connection with resolving a high-profile dispute (pending in the Federal District Court in Dallas) with Southwest Airlines, Delta Airlines, and the City of Dallas involving use of the finite number of gates at Dallas Love Field.
Lead trial counsel for Visa in federal court antitrust litigation brought by a competitor alleging unlawful monopolization in the debit market (Southern District of Texas).
Secured a dismissal, with prejudice and without leave to amend, in the Southern District of Texas on behalf of senior executives of Anadarko Petroleum in a securities class action arising out of an explosion at an oil well in Colorado. The dismissal was affirmed by the U.S. 5th Circuit Court of Appeals in December 2019.
Complete jury verdict as lead trial counsel for a former CFO and minority shareholder as plaintiff in Texas state court litigation involving direct claims for breach of contract against a Texas-based oil and gas company and its parent corporation, as well as successfully defending counterclaims for breach of fiduciary duty and fraud. Following a six-week jury trial, secured an eight-figure verdict and final judgment, including attorneys’ fees (recognized by Texas Lawyer in its “Texas Verdicts Hall of Fame” and was the second largest contract verdict in Texas in 2011).
Won a complete defense jury verdict for the nation’s largest bakery in a putative antitrust price-fixing class action involving the Texas bread industry for the years 1977-1993, in which a 52,000-member class sought $1 billion in damages. The jury verdict of no liability, reached after a three-week trial, was later upheld on appeal by a Texas appellate court.
Won a complete defense jury verdict as lead trial counsel for Compex Technologies after a two-week trial in Dallas federal court where the plaintiff sought in excess of $40 million in damages arising from contract and complicated misappropriation of intellectual property claims.
Lead trial counsel for plaintiff real estate industry client securing a seven-figure jury verdict (and defeating all counterclaims) following multi-week trial in 101st Judicial District Court in Dallas of complex real estate development and partnership dispute, which involved claims for breach of contract, breach of fiduciary duty, and defamation.
After multi-week jury trial, obtained multimillion-dollar plaintiff jury verdict and final judgment on behalf of the owner of trademarks of non-alcoholic beer labels in breach of contract and breach of fiduciary duty litigation.
As lead counsel, secured a $10 million-plus arbitration award — after liability was established by a favorable summary judgment ruling — in favor of a healthcare industry client in a dispute arising out of the breach of a technology service contract with a vendor.
Successful defense of a national commercial aggregates company by obtaining summary judgment in an arbitration proceeding based on the principle that a seven-figure liquidated damages clause sought to be enforced by plaintiffs was an impermissible penalty. The arbitration panel consisted of three retired Dallas County Judges and their unanimous ruling eliminated all of plaintiffs’ claims 10 days prior to the scheduled hearing.
Obtained a favorable arbitration award denying all of claimants’ claims against client VarTec Telecom in a complex dispute involving more than $300 million after two-week expedited proceeding in Washington, D.C.
Represented Sheridan Healthcare and its subsidiaries and affiliates in multiple cases in South Florida against Aetna involving underpayment of healthcare claims.
Lead trial counsel for a national retail industry client in a jury trial of a complex lease dispute brought by a landlord in the U.S. District Court for the Southern District of Texas (McAllen Division), obtained substantial recovery of attorneys’ fees, and earlier prevailed on all other claims on summary judgment.
On behalf of a national retail client, won summary judgment (including recovery of attorneys’ fees) in the Southern District of Texas against a contractual counterparty in connection with a $300 million distribution center. The result was confirmed on appeal to the 5th Circuit Court of Appeals.
Lead litigation counsel for the Unsecured Creditors Committee in the WeWork bankruptcy.
Lead litigation counsel to Talen Energy Supply, a power generation and infrastructure company in North America, in its Chapter 11 cases with approximately $5 billion in funded debt obligations.
Lead litigation counsel to Speedcast International and its affiliates, a provider of remote communications and IT services, in their Chapter 11 cases, including a contested confirmation trial (December 2020-January 2021) and other successfully litigated contested matters post-confirmation (including one affirmed by the 5th Circuit Court of Appeals).
Lead litigation counsel to Basic Energy Services, one of the nation’s largest oilfield service companies with more than 2,400 employees, in connection with its Chapter 11 cases and sale of substantially all of its assets.
Lead litigation counsel to J. Crew Group and its debtor-affiliates, one of the nation’s premier clothing retailers with approximately $2 billion in funded debt and 13,000 employees, in their Chapter 11 cases (August 2020).
Lead litigation counsel to CEC Entertainment and its affiliated debtors, an American franchisee company with iconic brands Chuck E. Cheese and Peter Piper Pizza with locations across 47 states and 16 foreign countries and territories, in their Chapter 11 cases, including in connection with successful rent abatement litigation (June-December 2020).
Lead litigation counsel to UTEX Industries, the market-leading sealing component design and manufacturing firm, and its debtor-affiliates in their pre-packaged restructuring addressing more than $700 million of funded debt, including successful trial against post-emergence claim by former employee (June 2021).
Lead litigation counsel to Fieldwood Energy, a Gulf of Mexico offshore energy exploration and production company, in connection with its second Chapter 11 cases with approximately $1.8 billion in debt, including successful trial against BP Exploration to compel repair of an underwater loop system (February 2021) and contested confirmation trial (June 2021).
Lead litigation counsel to Exide Holdings and its debtors-affiliates, a global lead-acid batteries manufacturing company, in their Chapter 11 cases, including a first of its kind global settlement with the U.S. Department of Justice and more than 10 state regulators to resolve hundreds of millions of dollars of Exide’s historical environmental liabilities at more than 20 dormant locations using five mediators and successful confirmation trial against the state of California (October 2021) (upheld on appeal).
Led the litigation team for EP Energy and its affiliated debtors, a public oil and natural gas exploration and production company, in their Chapter 11 cases involving approximately $4.9 billion in funded debt obligations, including in successful trials over contested backstop/plan support agreements (November 2019) and contested plan confirmation (February/March 2020).
Led the litigation and trial teams representing Sears Holdings, a prominent global retailer, in various contested trial matters surrounding its Chapter 11 bankruptcy proceedings, including obtaining approval of a $5.2 billion sale of all or substantially all of Debtors’ assets (February 2019), defeating Section 507(b) surcharge claims of between $500 million and more than $1 billion asserted by lienholders (July 2019) (upheld on appeal by both the SDNY and the U.S. 2nd Circuit Court of Appeals), and successful confirmation of the Debtors’ contested Chapter 11 plan (October 2019) (SDNY).
Led the litigation team representing Claire’s Stores, one of the world’s leading specialty retailers of fashionable jewelry, accessories and beauty products, in connection with its Chapter 11 bankruptcy reorganization in Delaware (March-October 2018).
Led the litigation and trial team representing CHC Group, a helicopter services company that provides transportation to offshore oil and gas platforms, in various contested litigation matters surrounding its Chapter 11 bankruptcy proceedings, including approval of contested plan support/backstop agreements (November 2016), confirmation and emergence (2017) (Dallas).
Led additional litigation and trial teams representing other debtors and creditors in contested matters for Kingfisher Midstream, DAK Americas, Central Grocers, Paragon Offshore, Azure Midstream Partners, Chisolm Oil & Gas Operating and CTI Foods.
Representing the National Athletic Trainers’ Association (NATA) in major antitrust litigation against the American Physical Therapy Association (APTA) in federal court in Dallas involving allegations that the APTA unfairly restricted athletic trainers from practicing manual therapy and gaining access to continuing education courses on manual therapy. The case was settled, and the parties entered a Joint Statement on Cooperation.
On behalf of a joint venture consisting of The Retail Connection and Colonial Properties Trust, obtained a favorable settlement of litigation brought in Dallas County which encumbered our clients’ commercial real estate valued at over $70 million, thereby enabling our clients to secure a sales contract and, ultimately, to close on the sale of the property.
Representing News Corp Star US and Star India, obtained a dismissal with prejudice for failure to state a claim in 2013 in a major dispute in the U.S. District Court for the Southern District of Texas regarding an advertising agreement.
* Matters may have been handled prior to joining Paul Hastings.
RECOGNITIONS
- Band 1 – Texas Litigation: General Commercial
Chambers USA
- Best Lawyers
Dallas Magazine
- Ones to Watch in America for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Commercial Litigation
Best Lawyers
- Recommended for General Commercial Disputes
Legal 500 US
- Trials MVP
Law360
- Recommended for Intellectual Property: Trade Secrets
Legal 500 US
- James E. Coleman Jr. “Her Champion Award,” Dallas Women Lawyers Association
- Super Lawyer for Business Litigation, Texas
Super Lawyers
- Best Lawyer for Commercial Litigation
The Best Lawyers in America
NEWS & THOUGHT LEADERSHIP
ASSOCIATIONS
Member
American Board of Trial Advocates
Board of Trustees
St. Mark’s School of Texas (2019
Executive Committee
St. Mark’s School of Texas (2021
President, Alumni Board
St. Mark’s School of Texas (2019
Member, Alumni Board
St. Mark’s School of Texas (2012-21)
General Counsel, Statewide Board
Texas General Counsel Forum (2020-present)
Board of Visitors
Duke University School of Law (2013
Former Member Board of Trustees
Temple Emanu-El, Dallas (2011
Chair, Legal Committee
Temple Emanu-El, Dallas (2011
Board of Directors
Dallas Women Lawyers Association Foundation (2020-24)
Recipient
James E. Coleman Jr. “Her Champion Award,” Dallas Women Lawyers Association (2020)
Recipient
President’s Award, Paul Quinn College (2019)
Past Vice-Chair and Co-Chair
Bench Bar Committee and Judiciary Committee, Dallas Bar Association
Member
Leadership Dallas (Class of 2007)
Class Advisor
Leadership Dallas (Class of 2008)
Fellow
American Bar Foundation
Fellow
Texas Bar Foundation
Fellow
Dallas Bar Foundation