Joel R. Sharp

Joel’s practice focuses on corporate and securities litigation, complex commercial disputes, fiduciary litigation and arbitration.

For almost 30 years, Joel has represented clients in a wide array of complex business and investment-related litigation and arbitration. Joel’s clients have included companies and individuals in the financial services, private equity, healthcare, accounting, insurance, real estate, and brokerage industries. Joel has represented businesses, investors, and other stakeholders in state and federal courts related to investments of all kinds, and has successfully prosecuted and defended claims such as fraud, breach of fiduciary duty, theft of trade secrets, veil piercing, fraudulent transfer, failures of corporate governance, False Claims Act (FCA), and officer and director liability issues. Joel also regularly represents clients in arbitrations conducted by the American Arbitration Association (AAA), the Financial Industry Regulatory Authority (FINRA), and private arbitration forums.

Representative Experience

• Represented healthcare defendants in federal FCA Qui Tam lawsuit (and related state-court case) brought by government and private parties alleging violations of Anti-Kickback Statute (AKS), theft of corporate opportunity, and other claims.
• Represented large Texas cities in connection with disputes related to adequacy and management of public employee pension funds.
• Represented major international airline in trade secret litigation with airline industry competitor.
• Represented bank trustees in various litigation related to oil and gas royalty, production, and leasing disputes.
• Lead counsel in defense of health insurance company in major commercial dispute with international sales agent (JAMS arbitration).
• Represented private equity investor in federal lawsuit (and related state-court litigation) against major bank over alleged fraud and tortious interference related to auto dealership collateral and conduct in dealership sale.
• Defended national accounting firm against $100 million claim by group of registered representatives and broker-dealers over private placement promissory note investments.
• Defended individual business owner and entrepreneur against allegations of personal liability for sales tax fraud by Office of Texas State Attorney General.
• Obtained dismissal of theft of trade secret claims on behalf of major packaging manufacturer.
• Defended claims against major ethanol producer related to plant construction contract allegations.
• Years of experience defending major broker-dealer in litigation and various arbitrations related to institutional sales practices and products, including alleged research analyst bias, auction-rate securities, CDO’s, and related products.

Reported Opinions

• Adam Technologies Intern. S.A. de C. V. v. Sutherland Global Services, 729 F.3d 443 (5th Cir. 2013)(international business services dispute; Fifth Circuit opinion related to Federal Arbitration Act and AAA arbitrator selection rules)
• Forney 921 Lot Development Partners 1, L.P. v. Paul Taylor Homes, 349 S.W.3d 8 (Tex. App. -- Dallas 2011, no writ)( dispute between real estate developer and home builder related to Texas municipal utility district)
• In re Merrill Lynch & Co., Inc., 315 S.W.3d 888 (Tex. 2010) (Texas Supreme Court opinion in auction-rate securities investment lawsuit, enforcing arbitration agreement and requiring stay of litigation pending participation in class action)
• Anderson v. Merrill Lynch Pierce Fenner & Smith, Inc., 521 F.3d 1278 (10th Cir. 2008) (investor lawsuit related to Canadian oil sands)
• In re Merrill Lynch Trust Co. FSB, 235 S.W.3d 185 (Tex. 2007); In re Merrill Lynch Trust Co. FSB, 235 S.W.3d 217 (Tex. 2007) (Texas Supreme Court opinions in companion cases related to enforcing arbitration agreements against non-signatories and equitable estoppel theory)
• Murken v. Deutsche Morgan Grenfell, Inc., 140 N.M. 68 (2006), 139 P.3d 864 (N.M. Ct. App. 2006)(investor lawsuit related to Canadian oil sands)
• In re: Murken v. Suncor Energy, Inc., 138 N.M. 179, 117 P.3d 985 (N.M. Ct. App. 2005)(dispute between penny-stock promoter and financial institution related to Canadian oil sands)
• Merrill Lynch Trust Co. FSB v. Alaniz, 159 S.W.3d 162 (Tex. App.-Corpus Christi 2004) (decision related to enforcement of financial institution arbitration agreement)
• In re Merrill Lynch Trust Co. PSB, 123 S.W.3d 549 (Tex. App.-San Antonio 2003, orig. proceeding)(appeal related to trial court failure to enforce arbitration agreement)
• City of Garland v. Dallas Morning News, S.W.3d 351 (Tex. 2000, orig. proceeding)(Texas open records/Public Information Act dispute against governmental entity)
• Brittingham v. Ayala, 995 S.W.2d 199 (Tex. App.·-San Antonio 1999)(dissolving injunction granted to plaintiff below in case against financial institution and alleged co-conspirators)