Hess, Vincent J.

Vincent J. Hess


Of Counsel

 

Overview

Vince Hess has experience in a wide range of complex commercial litigation and arbitration. He represents large and mid-size companies in software, consumer, mortgage, class actions, managed care and employee benefits, contract, trade secrets, health care, non-competes, securities, commercial real estate, debt collection, franchise, leasing, construction, consumer finance, and environmental issues. Vince is also a frequently requested speaker and presenter on topics such as limitations on contractual liability, other contractual provisions, ERP warranties and ERISA litigation. His experience also includes adversary proceedings in bankruptcy court involving claims of fraudulent transfers and preferential payments; shareholder rights and "business divorce;" and advising clients about records retention policies and e-discovery practices.

Representative Experience

  • Represented the seller of a company in obtaining recovery on a counterclaim in a dispute over accounting adjustments under a stock purchase agreement
  • Represented an industrial facility in litigation with a taxing authority to preserve an exemption from ad valorem property tax
  • Represented franchisors in obtaining injunctive relief against former franchisees based on trademark rights and non-competition covenants
  • Represented a manufacturing company in its claims, pursued both in court and in arbitration, against a software vendor and an implementer over a failed ERP software implementation
  • Represented one of the largest food delivery restaurant chains in the U.S. in a suit brought by its largest competitor alleging false advertising under the Lanham Act and seeking to permanently bar the chain from using its slogan
  • Represented a major national home security service company in litigation in which plaintiff sought a nationwide consumer class action over complaints about certain of the company's billing practices
  • Represented business owners in a dispute with the Pension Benefit Guaranty Corporation over pension benefits allegedly owed by the business
  • Represented owners of closely held corporations in litigation with the other owners where the value or the assets of the corporations are at issue
  • Represented subcontractor in complex, multi-party litigation involving construction of a residential building
  • Represented business clients in a variety of commercial disputes filed in courts or arbitration tribunals, including a dispute between major rare coin and currency dealers and a dispute between a major retailer and its transportation/delivery service

Professional Affiliations and Recognitions

  • Member, Dallas Bar Association
  • Fellow, Texas Bar Foundation
  • Fellow, Dallas Bar Foundation
  • Life Founding Fellow, Dallas Association of Young Lawyers Foundation
  • Past President, St. Thomas More Society, Dallas Chapter 
  • Past Secretary, Treasurer and Director, Dallas Association of Young Lawyers

Community Leadership

  • Past Secretary, The Catholic Foundation Board of Trustees
    • Past Chair, Governance Committee
    • Past Chair, Audit and Administration Committee
  • Past Vice-Chair, Bishop Lynch High School Board
    • Past Chair, Advancement and Marketing Committee
    • Past Member, Presidential Search Committee
  • Past President, Dallas Chapter of Legatus
  • Member, The Federalist Society
  • Member, Organizing committee to commemorate in Dallas the 800th anniversary of the Magna Carta in 2015