In August 2019, Nathanial Martinez of Palter Sims Martinez PLLC secured a favorable  jury verdict on behalf of his clients Hertz Electric LLC and HJC Global Electric LLC against James Benge and Benge General Contracting LLC. The Benge parties had initially filed the lawsuit against the Hertz parties alleging defective workmanship as the basis for not paying the Hertz parties for the work they performed. Martinez was able to obtain dismissal of all of the Benge parties’ affirmative claims through summary judgment before trial and directed verdict during trial.  After a four-day trial,  Dallas County jury unanimously found that the Benge parties had committed both breach of contract and fraud against the Hertz parties in connection with certain electrical and painting work performed at several commercial projects in DFW, including restaurants such as Quill Lounge and Matchbox Pizza. The jury awarded the Hertz parties damages under both the fraud and contract theories of the case and their attorneys’ fees. In addition, the jury found that James Benge was the “alter ego” of Benge General Contracting LLC because he had caused Benge General Contracting to be used for the purpose of perpetrating and did perpetrate an actual fraud on HTJ Global and Hertz Electric primarily for his own direct personal benefit.

“This case had been reset for trial over nine times, and my clients were beginning to wonder if they would ever get this to a jury,” said Martinez. “I cannot begin to describe how elated they are with this hard-fought and well-deserved result.”

The case, styled Benge General Contracting LLC v. Hertz Electric LLC and HJC Global Electric LLC v. James Benge, Individually, was tried in the 160^th Judicial District of Dallas County, Texas, Honorable Aiesha Redmond, presiding.

On March 15, 2019, John Palter presented a paper on Business Dissolution, Termination and Winding-Up to the 10th Annual Course on “Essentials of Business Law: Practical Considerations,” co-sponsored by the Business Law Section of the State Bar of Texas.

John’s paper (co-authored with Jim Phillips) was entitled Closing Time — Issues to Consider when Terminating a Business, and outlined the various ways for ending a partnership or corporation under the Texas Business Organization Code. There are remarkably few judicial decisions providing definitive guidance on these issues, and Closing Time summarized the most helpful ones for course attendees.

For those interested in attending the course, there will be a video replay version presented in Houston on May 2 and 3, 2019 at the Hilton Houston Westchase, and the course will also be made available online in the near future.  To register, visit here.

Palter Sims Martinez PLLC is a proud sponsor of the annual 5K “Heart & Sole” Fun Run sponsored by Attorneys Serving the Community (ASC), an organization of female attorneys, founded in 1987, to support causes that help women, children and families in the North Texas area. This year’s Fun Run is on February 9, 2019, with proceeds benefiting Mosaic Family Services, a 501(c)(3) non-profit organization dedicated to serving survivors of human rights abuses from around the world and within our community. Mosaic Family Services serves domestic abuse survivors, refugees, and human trafficking victims, creating access to opportunities and empowering them toward independence. Mosaic’s mission is to equip future leaders with the skills to impact their own diverse communities for a stronger, more vibrant North Texas.

Kimberly Sims serves on the ASC 5K Fun Run committee and she and Kathy Palter are sustaining members of ASC. For more information about ASC or the “Heart & Sole” 5K Fun Run, click here.

Dallas native Jim C. Phillips joins the firm as Senior Associate, bringing impressive experience handling a wide variety of complex commercial litigation cases, as well as a keen aptitude for assisting clients with strategic business transactions.

A graduate of St. Mary’s University School of Law, Jim began his career in San Antonio, later moving to Columbus, Ohio to work with the Isaac Wiles law firm while his wife, Dr. Rachel Kovac, completed her residency in veterinary oncology at The Ohio State University. We warmly welcome Jim and Rachel back to Dallas, and are delighted Jim is joining our practice.

Palter Sims Martinez PLLC is proud to announce that members John Palter, Kimberly Sims and Nathanial Martinez have once again been designated “Super Lawyers,”  as just announced in the 2018 edition of Super Lawyers magazine. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations obtained and tabulated by research firm Thomson Reuters. Mr. Martinez received the special designation “Rising Star.” While up to 5 percent of the lawyers in Texas are named to Super Lawyers, no more than 2.5 percent are named to Rising Stars. To be eligible for Rising Stars, a lawyer must be 40 years old or younger, or in practice for 10 years or less.

Kimberly Sims became a member of CREW Dallas (an association of commercial real estate women professionals) in 2017.  With an average membership of 350 each year, CREW Dallas is the leading organization for decision-making executive women, providing opportunities for networking, education, leadership development and civic/philanthropic involvement. As part of CREW Network, the industry’s premier networking coalition, CREW Dallas is transforming the commercial real estate industry by advancing women globally, showcasing member expertise and successes and serving as a resource to its members and the industry.

Recently, Ms. Sims was mentioned in a profile of Eliza Solender  in the August 2018 edition of D Magazine (CEO edition).

John T. Palter, Kimberly Sims and Nathanial Martinez are pleased to announce the addition of Nathanial Martinez to the firm name. Effective July 1, the firm’s name will change to Palter Sims Martinez PLLC.

A graduate of Brigham Young University’s J. Reuben Clark Law School, Mr. Martinez joined PalterLaw in 2012. While associated with the firm, he has developed a litigation and arbitration practice focusing on complex commercial matters, including intellectual property disputes, trade secret misappropriation, breach of contract, and business torts. Mr. Martinez has also cultivated a special expertise in employment law, representing several small businesses and medical professionals in a variety of employment-related disputes.​  Mr. Martinez was an integral member of the PalterLaw litigation team, whose work over two years resulted in a favorable $2.4 million jury verdict on June 20, 2018.

“Coming off multiple successful jury verdicts and a very busy first and second quarters, we wanted to take a quick breather to recognize the accomplishments and commitment of our newest equity member Nathanial Martinez by adding his name,” said founding member John Palter. “Kimberly, Nathanial and I make a great team, and we look forward to serving our clients with innovative legal solutions, whether in the courtroom or the boardroom.”

PalterLaw was a Bronze Sponsor for the Annual Attorneys Serving the Community “Pot of Gold” Luncheon at the Hilton Anatole on June 22, 2018, 2018.  ASC’s 2018 Beneficiary was Rainbow Days, a 501(c)(3) organization, helping children and youth in adversity build coping skills and resilience to create positive futures. The keynote speaker was Liz Murray, who inspired luncheon attendees with her Honeless-to-Harvard life story and call to action.  Nicole Karam, Kathy Palter and Kimberly Sims, all members of Attorneys Serving the Community, attended the luncheon.

A Dallas County, Texas, jury reached a verdict [June 21, 2018] that puts two ex-executives for liquor distribution giant Glazer’s Inc. in line to receive nearly $2.4 million [read the full story at Law360 . . .]