Mr. Genender represents clients in connection with a wide range of business disputes, including antitrust, breach of contract, business fraud, breach of fiduciary duty, unfair and deceptive trade practices, unfair competition, securities fraud, non-competes and restrictive covenants, and misappropriation and theft of trade secrets matters. He also counsels clients on antitrust compliance, board governance, fiduciary duty and other business law issues, and pre-lawsuit dispute resolution options.
Mr. Genender has experience representing companies across industry sectors, including financial services, chemicals, real estate, retail, business services, energy, and telecommunications, as well as non-profits, family trusts, and professional associations. Recently, Mr. Genender has also been lead several key engagements in the retail space and the oil and gas industry, including bankruptcy proceedings and pricing/reserve valuation disputes. He has also handled significant healthcare litigation in complex payer cases between providers and insurers.
Notable Trial, Courtroom and Arbitration Experience
- Serving 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 defending counterclaims for breach of fiduciary duty and fraud against our client. Following a six-week jury trial, secured a $10 million-plus verdict and a final judgment in his client's favor on all claims and which defeated all counterclaims. This jury verdict was recognized in 2011 by Texas Lawyer in its “Texas Verdicts Hall of Fame” and was the second largest contract verdict in Texas in 2011.
- Winning 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 verdict of no liability was later upheld on appeal.
- Obtaining a complete defense jury verdict as lead counsel for Compex Technologies, L.L.C. after a two-week trial in Dallas federal court in a case where the plaintiff sought in excess of $40 million in damages from Compex and a co-defendant in a case involving contract and complicated misappropriation of intellectual property claims.
- Serving as lead counsel for plaintiff real estate industry client, secured seven-figure jury verdict (and defeated 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.
- Obtaining a multi-million 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.
- Securing a $10+ million 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.
- Obtaining 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.
- Serving as 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.
Notable Bankruptcy Litigation Experience
- Led the litigation team representing Sears Holdings, a prominent global retailer, in various contested litigation matters surrounding its chapter 11 bankruptcy proceedings, including obtaining approval of a sale of all or substantially all of Debtors’ assets. (S.D.N.Y.)
- Led the litigation team representing Claire’s Stores, Inc., 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.
- Led the litigation team representing CHC Group Ltd., a helicopter services company that provides transportation to offshore oil and gas platforms, in various contested litigation matters surrounding its chapter 11 bankruptcy proceedings, confirmation and emergence. (Dallas)
- Led the litigation team representing DAK Americas LLC, a subsidiary of Alfa S.A.B. de C.V., a Mexican public company, in connection with the chapter 11 cases of Mossi & Ghisolfi S.p.A and its subsidiaries in Delaware.
- Led the litigation team representing Central Grocers, a Midwest grocery store chain, in connection with various contested litigation matters surrounding its chapter 11 bankruptcy proceedings in Illinois.
- Led the litigation team representing Paragon Offshore, a global provider of offshore oil drilling rigs, in contested litigation matters surrounding its chapter 11 bankruptcy reorganization. (Delaware)
- Led the litigation team representing Azure Midstream Partners in connection with the confirmation of its chapter 11 liquidation plan to pay creditors by selling its assets. Following litigation brought by an equity committee, the plan was successfully confirmed in U.S. Bankruptcy Court in the Southern District (Houston) of Texas in May 2017.
- Led the litigation team representing CTI Foods, a food industry supplier, in connection with its chapter 11 bankruptcy proceedings in Delaware.
Other Recent Representative Experience
- 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, LLC (News Corp Star) 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.
- Defended 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 ten days prior to the scheduled hearing.
Mr. Genender has been recognized for many years for his work by leading national and regional business publications, including Legal 500 (2017), Best Lawyers in America* (2007-2018), D Magazine (2004-2019), and Texas Super Lawyers** (2004-2018).
Outside of his active practice, Mr. Genender is involved in several of the Firm’s initiatives focused on diversity, inclusion, and attorney advancement. Presently, he serves as Co-Chair of the Firm’s Taskforce on Women’s Engagement & Retention (TOWER), and sits on the Firm’s Diversity Committee.
Mr. Genender also is actively engaged as a leader in a number of professional and civic organizations. Since 2013, he has served on the Board of Visitors of Duke University School of Law and on the Alumni Board of St. Mark’s School of Texas, for which he currently serves as Vice President. Since 2010, he has served on the Board of Trustees of Temple Emanu-El in Dallas and has chaired its legal committee since 2011 (providing pro bono counsel).
Additionally, Mr. Genender has held a number of leadership positions within the Dallas Bar Association, including Vice-Chair and Co-Chair of the Bench Bar Committee and the Judiciary Committee. He is a 2007 graduate of the Leadership Dallas Class of the Greater Dallas Chamber of Commerce, and served as one of three class advisors to the 2008 Leadership Dallas Class. He has also been actively involved with the Texas General Counsel Forum, where he has served on the Board of Directors of the Dallas-Fort Worth Chapter since 2005, co‑chaired the Membership Committee from 2009-2010 and in 2015, and co-chaired the annual conference in 2010 and 2017. Mr. Genender also served on the Council of the State Bar of Texas’ Antitrust and Business Litigation Section from 2006-2010, and is a Fellow of the American Bar Foundation, the Texas Bar Foundation, and the Dallas Bar Foundation.
Prior to joining Weil, Mr. Genender was a litigation partner at an international law firm and a coordinator of its firm-wide commercial disputes practice group.
Mr. Genender received his J.D. in 1994 from Duke University School of Law, where he served as Notes Editor of the Duke Journal of Comparative and International Law. He received his A.B., magna cum laude, Phi Beta Kappa, in 1991 from Duke University.
* Best Lawyers (in America) is by Levine Leichtman Capital Partners
** Super Lawyers recognition is a Thomson Reuters service