Clark Donat counsels both plaintiffs and defendants in complex commercial litigation in suits involving technology, commercial banking/mortgage lending, financial services, real estate, healthcare, construction, energy (oil and gas), insurance, consumer finance, securities litigation and employment disputes. He also assists clients in internal investigations and defends corporations and executives facing allegations of securities fraud.
Clark provides legal counsel in all aspects of the litigation process and regularly practices in both federal and state courts in Texas and across the country.
He has resolved numerous matters through final judgment, as well as alternative disputes procedures, including arbitration and mediation. He has also successfully handled state and federal appeals.
Recent Notable Matters
City of Irving, Texas — Defended municipality in taxpayer lawsuit requesting injunction to prevent $44 million payment. The firm successfully defeated taxpayer’s application for temporary injunction and the lawsuit was subsequently dismissed.
Pier 1 Imports, Inc. — Defended the company and its former CEO and CFO in a putative class action asserting claims of securities fraud. The firm obtained dismissal of all claims in 2016, and the claims were dismissed again in 2018 with prejudice.
Energy and Exploration Partners, LLC — Represented major oil and gas E&P company in connection with adversary proceeding in bankruptcy regarding approximately $40 million in claims related to oil and gas liens. The firm obtained multiple summary judgments invalidating and extinguishing the oil and gas liens.
One Network Enterprises, Inc. — represented technology company in litigation regarding the application and performance of proprietary software
Group of 29 skilled nursing facilities — represented facilities in lawsuit involving interpretation and enforcement of pharmacy services agreements and alleged violations of the Federal Anti-Kickback Statute by institutional pharmacy provider
National banking associations — obtained multiple judgments over $1 million in connection with guaranty agreements
Group of homeowners — obtained $1.5 million arbitration award following three-day AAA arbitration hearing for clients against builder and individual owners of building company for construction defects, fraud, and violations of the DTPA, including award of treble damages
National business services company — obtained summary judgment for approximately $3 million based, in part, upon the Texas Uniform Fraudulent Transfer Act
National printing company — obtained temporary restraining order and temporary injunction related to commercial and employment-related litigation
National staffing agency — obtained multiple temporary restraining orders and temporary injunctions in commercial and employment-related litigation
National financial services company — obtained multiple dismissals of litigation against national financial services companies for breach of contract claims
HCB Real Holdings, LLC — Myers v. HCB Real Holdings, LLC, Case No. 05-13-00113-CV, 2015 Tex. App. LEXIS 4939 (Tex. App. - Dallas 2015), affirming trial court’s judgment on client’s breach of guaranty claim for approximately $1 million
T-Mobile USA, Inc. — JGM Holdings, L.L.C. v. T-Mobile USA, Inc., 568 Fed. Appx. 316 (5th Cir. 2014), affirming underlying dismissal of approximately $1 million garnishment proceeding pursuant to Federal Rule Civil Procedure 12(b)(6)
Nationwide Recovery Systems, Ltd — HHT Limited Co. v. Nationwide Recovery Systems, Ltd., Case No. 05-11-01058-CV, 2013 Tex. App. LEXIS 6717 (Tex. App. - Dallas 2013), affirming $3 million jury verdict in favor of client on issue of sufficiency of evidence to support damages awarded
Publications and Speeches
"Priority Pitfalls of Mineral Lien Waivers: A Recent Bankruptcy Ruling Has Far-Reaching Implications for Texas Mineral Lien Law," 13 Texas Journal of Oil, Gas, and Energy Law 179, 2018.
"Mineral Liens Can Be Contractually Waived In Texas," Law360, August 4, 2017.
"Tips to Prepare New Associates for Their First Trial," Dallas Bar Association Headnotes, March 2017.