Ladd Hirsch, Litigation Partner

Ladd Hirsch, Partner

Office: (214) 389-5323
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Ladd Hirsch has practiced as a business trial attorney since 1983 helping his clients to resolve complex business disputes in the board room and in the courtroom. Ladd has represented business entities, individuals and families in litigation and arbitration matters in a broad array of industries, including manufacturing, banking, software, retail, real estate, oil and gas/energy, insurance, and video games. Ladd also represents clients in the Entertainment Industry (music and publishing) with claims, disputes and litigation. The business cases that Ladd has handled have presented claims for breach of contract/license, fraud, business defamation, negligent misrepresentation, theft of trade secrets, and non-compete violations. In these business cases, Ladd represents clients under a variety of fee structures, including hourly, contingent and hybrid fee arrangements, and he is also regularly retained by other attorneys to serve as a testifying expert witness on the subject of recoverable legal fees.

Ladd’s practice is characterized by his tenacity and creativity in handling the prosecution and defense of significant litigation matters for businesses and investors. Since the late 1990’s, Ladd has focused a significant portion of his practice handling Business Divorce matters and related litigation for majority owners and minority investors in private Texas companies. In these matters, Ladd prosecutes and defends claims against fiduciaries (officers, directors and private trustees), including claims for shareholder oppression, breach of fiduciary duty and shareholder derivative claims. Ladd has been named a Super Lawyer annually from 2003-2012, and he was listed as a 2010 Top 100 Dallas/Fort Worth Texas Super Lawyer by Super Lawyers, an annual publication by Thomson Reuters. In addition, D Magazine, a monthly publication of D Magazine Partners LP, listed Ladd one of the Best Lawyers in Dallas: Business Litigation from 2011-2013.

Professional Memberships and Charitable Activities

  • ABA Section of Litigation
    • Business Torts Committee (Programs Subcommittee Chair)
    • Trial Practice Committee
  • Dallas Bar Association Council for Business Litigation Section
  • Cornell Law School Alumni Board Member
  • President of American Jewish Committee - Dallas Region
  • Vice-President and Member of Temple Emanu El Board of Trustees

Representative Cases

  • Represented a co-founder and 47% owner of ARGO Data Resources based in Dallas. After a six-week jury trial for the minority owner in State District Court in Dallas County, the firm secured a court-ordered, mandatory dividend of $85 million to the Company’s two shareholders based on jury findings that the majority owner had engaged in fraud, minority shareholder oppression and improper withholding of dividends. On appeal of the trial court’s judgment, the Dallas Court of Appeals reversed the judgment and ordered that the minority shareholder take nothing on his claims. The minority shareholder then filed a petition with the Supreme Court challenging the appellate court’s ruling, and the Court has requested a response to the petition from ARGO and the majority shareholder. Shagrithaya v. Martin, et al., Cause No. 07-15149-I
  • Filed suit on behalf of three limited partners in a privately owned Texas beer distributorship alleging that they had been deprived of their fair share of the substantial proceeds from the sale of the business. The firm secured a confidential settlement of all claims for the minority owners before trial. Joseph Polichino, et al. v. Hillman International Brands, Ltd. Et al. Cause No. 2004-346878
  • Secured a substantial pre-trial buyout of the minority owner’s 49% interest in a family business after filing a lawsuit and conducting substantial discovery in the litigation. This settlement was achieved for the minority owner after the State District Court entered a summary judgment on the client’s behalf holding that the Defendant/General Partner and Trustee had breached his fiduciary duties. Pickens v. Pickens, et al., Cause No. 02-01105
  • Represented a minority shareholder in drilling equipment manufacturing company who contended that he was the subject of a squeeze out by the majority shareholder. Diamond McCarthy filed the case in State District Court in Midland, Texas and then secured a confidential settlement for the client before trial. Solansky v. Solansky, et al., Cause No. CV48169
  • Obtained confidential settlement in litigation for limited partner and founder of restaurant chain, who had been forced out of management role in the business. M. Crowd Restaurant Group, et . al. v. Michael Rodriguez, et. A., Cause No. CC-09-00965-G
  • Secured summary dismissal of claims in Dallas Federal Court for acclaimed rock band arising out of events on national tour.
  • Represented the former majority owners of a privately-held Dallas company against claims that were filed by NexBank SSB in State District Court in Dallas. In the lawsuit, NexBank sought to recover more than $16 million based on claims arising from a loan default. A summary judgment dismissal of all of NexBank’s claims before trial. The case then settled on confidential terms. NexBank, SSB v. Thomas and Dean, Cause No. DC-10-09631
  • Represented a majority shareholder who has been deprived of his ownership interest in substantial real estate assets by a group of minority owners. The trial court granted a summary judgment on the client’s claims, Diamond McCarthy appealed the case to the Fort Worth Court of Appeals where the appeal remains pending. Bakke v. Harvison, et al., Cause No. 352-244033-10
  • Served as co-counsel assisting a majority shareholder in defense of claims filed by a minority shareholder relating to the majority owner’s redemption of the minority owner’s stock. The firm helped prepare summary judgment materials and also assisted with negotiations leading to a confidential settlement of the claims at issue. Robert Garza, and Robert Garza ex rel Enseo, Inc. v. Enseo, Inc., Vanessa Ogle and William Fang, Cause No. CC-11-02951-B
  • Represented the majority owner of a family-owned, specialized equipment repair company, who was the subject of claims that were presented by family members who were minority owners of the business. The firm helped the majority owner restructure the company’s board of directors, implement new business processes and resolve the minority owners’ claims without litigation.
  • Represented the majority owner of a family-owned home products company, who was in conflict with the only minority owner in the business. On behalf of the majority owner, the firm helped to initiate a business dialogue with the minority owner that resulted in a confidential settlement that avoided litigation.
  • Represents a group of tenants in common (TICs) who own a residential apartment complex located in Grand Prairie, Texas. The TICs purchased the property as a “like-kind exchange” pursuant to Section 1031 of the Internal Revenue Code. After months of non-payment, the TICs had claims against the Master Tenant arising out of its management and operation of the apartment complex, and Diamond McCarthy filed an involuntary bankruptcy proceeding to protect the TICs. After filing the bankruptcy action, Diamond McCarthy successfully negotiated a settlement and resolution of all claims for the TICs with the Master Tenant. In Re Sequoia Forum LeaseCo, LLC, Cause No. 11-33449-bjh
  • Represented a group of investors in an oil and gas company, whose assets were invested in a Ponzi scheme. Diamond McCarthy filed an involuntary bankruptcy to create a vehicle for the bankruptcy trustee to file a lawsuit against the company’s officers and directors and realize the proceeds of an applicable D&O Policy. This D&O litigation resulted in a settlement that produced gross proceeds of $2 million providing assets for distribution to creditors. In Re Shale Synergy, LLC, et al., Cause No. 10-31683-hdh
  • Represented a limited partner in a heating and cooling service and repair business who was fired and forced out of the limited partnership. Diamond McCarthy was co-counsel in this case for the limited partner and assisted him in achieving a confidential settlement and buyout of his minority ownership interest before trial. Shafer, et al. v. Moreno, Cause No. 141-246870-10
  • Represented a limited partner in an insurance business who had disputes with the General Partner related to the value of his minority ownership interest in the business. After filing suit in Tarrant County, Diamond McCarthy was able to secure a confidential settlement and buyout for the limited partner of his minority ownership interest. Grob v. Texas Wasatch Insurance Holdings Group, LLC, et al., Cause No. 352-249603-10
  • Represented the founder and minority owner of a restaurant chain in a lawsuit that was filed against him by the majority owners after he was no longer employed in the business. The firm was able to secure a confidential buyout of the minority shareholder’s interest in the business shortly after the lawsuit was filed.
  • Represented the minority owner of an out-of –state investment fund that made government backed investments to develop low income housing in foreign markets. The minority owner was forced out of the business, and Diamond McCarthy secured a confidential settlement and buyout of his minority ownership interest that avoided litigation.
  • Represented an out-of-state minority investor in a Houston-based family business and was able to help the minority owner secure a confidential buyout of her ownership interest in the business that enabled her to avoid litigation.

With offices in Houston and Dallas Texas Business Divorce a division of Diamond McCarthy LLP assists clients throughout Texas including Austin, San Antonio, Midland, Fort Worth, Galveston, Amarillo, Abilene, and Waco.

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