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Beverly A. Whitley
Biography

Beverly Whitley is a trial lawyer with more than two decades of experience in commercial litigation and appeals. She has tried cases involving non-competition agreements, property value, easements, insurance contracts, creditor’s rights, and leases. She has handled state and federal appeals at all levels.


Education

  • J.D., Louisiana State University, Paul M. Hebert Law Center, 1990
  • B.A., English, Louisiana State University, 1986
Representative Matters
  • Extensive experience handling injunctions, trials, and appeals in cases involving non-competition and non-solicitation agreements. She successfully argued a recent landmark non-compete case before the Texas Supreme Court. She obtained a seven-figure summary judgment enforcing a non-solicitation agreement. Beverly successfully protected and enforced the judgment after prevailing in the Dallas Court of Appeals and Texas Supreme Court. She also regularly advises both employers and employees regarding the terms of non-competition agreements and related departing employee issues, including non-solicitation and confidentiality obligations.
  • Handled numerous TRO/injunction cases and appeals. Recently, Beverly handled simultaneous federal and state injunction proceedings in companion cases filed to protect her client's intellectual property. In another case, she defeated a TRO sought to halt construction of a restaurant, saving the client significant costs that would have resulted from any delay in the construction. She also obtained a TRO, a temporary injunction, and a permanent injunction blocking public use of an agricultural railroad crossing and successfully defended the temporary injunction in an interlocutory appeal. In a hotly contested battle for control of a local cinema, Beverly obtained an order dissolving her opponent’s wrongfully obtained TRO and obtained a TRO and subsequent temporary injunction preventing the opponent from disrupting her client’s control of the cinema.
  • Frequently handles bankruptcy adversary proceedings and appeals.  Beverly won an opinion out of the Fifth Circuit Court of Appeals in a student loan case. Beverly successfully prosecuted an objection to discharge based on false oaths, failure to maintain records, and failure to explain deficiency of assets.
  • Among her most notable trials, Beverly won a judgment against the City of Dallas for blocking access to businesses on Main Street during a downtown street renovation project.
  • Obtained a judgment ordering a tax refund and defended a subsequent appeal in the first reported decision allowing a tax payer to collect an ad valorem tax refund under Section 31.11 of the Texas Tax Code.
  • For more information on Beverly’s experience, see her list of opinions.
Noteworthy
  • Selected by attorney peers for inclusion in The Best Lawyers in America®, 2016, 2017, 2018
  • AV® Peer Review Rated in Martindale-Hubbell
  • Order of the Coif, Louisiana State University, Paul M. Hebert Law Center
Activities & Memberships
  • Dallas Bar Association: Fee Disputes Committee Chair, 2010-2016
  • Louisiana Bar Association
  • State Bar of Texas
  • Alumni associations:  Louisiana State University; LSU Law Center; and Zeta Tau Alpha fraternity