Commercial Litigation:
Trials and arbitration
Modern commerce means attorneys have to be ready and willing to dig in and solve problems however and wherever they arise. Mr. Montgomery has represented companies in state and federal court litigation throughout the state of Texas. He has also appeared for and presented businesses in single and multi- arbitration matters on complex disputes involving multi millio ndollar sales of receivables, intellectual property matters, service contract disputes, and claims of unfair competition and corporate fraud. But not all disputes end up in trial or arbitration. Mr. Montgomery has served as a negotiator and counselor for businesses seeking to avoid litigation or re-structure fractured relationships.
Injunction
Whether protection against the theft of proprietary information or invoking the terms of a noncompete agreement, Mr. Montgomery represents companies and individuals navigating the ever-changing landscape of modern commerce.
Employment Matters
The most effective way to avoid contentious employment disputes is for both the employer and employee to have a transparent understanding of each other’s expectations. Mr. Montgomery has assisted with the development and implementation of employment policies for small and large-sized companies and governments. Additionally, Mr. Montgomery has assisted professionals with negotiating, evaluating, and executing employment agreements.
Personal Injury Litigation
Mr. Montgomery’s early practice focused almost exclusively on representing Texans injured in industrial, automobile, and product liability accidents. Since joining the Heartfield Law Firm in 2006, he continues to represent victims of serious accidents. He also, however, has broadened his representation of companies to include both commercial litigation and personal injury defense. For example, in addition to obtaining successful verdicts on behalf of injured victims, Mr. Montgomery defended a local Harley Davidson store in a serious motorcycle helmet lawsuit.
Insurance Matters
The Texas Department of Insurance has approved Mr. Montgomery to be on its roster of appraisal umpires to resolve property damage claims for policies issued by the Texas Windstorm Insurance Association. Mr. Montgomery has served as an umpire between insurance companies and insured to settle numerous disputes over the appraised value of property damaged in windstorm and flood events.
Mr. Montgomery also uses his litigation experience to counsel companies and governmental entities on the prevention or pursuit of insurance claims. For example, Mr. Montgomery’s assists companies in evaluating operations for potential liability and the proper presentation of claims to insurance companies. Mr. Montgomery does not represent insurance companies but will often serve as a company’s or an individual’s or governmental entity’s advisor in complex claims involving insurance.
Government
Mr. Montgomery has served as City Attorney for the City of Bevil Oaks since 2006. In that capacity, he has advised the city on all matters affecting governance including open government, municipal ordinance creation and prosecution and election matters. In addition to representing Bevil Oaks, Mr. Montgomery has represented Jefferson County and Jefferson County Drainage District No. 6 in a variety of venues including eminent domain proceedings and contractual disputes.
