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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 agreements.  She successfully argued a landmark non-compete case before the Texas Supreme Court.  She 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 affirming a judgment denying discharge of student loans against a former student who claimed he used his loan money for non-educational purposes. In another 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.
  • Frequently represents manufacturers and sellers of goods in business litigation. In a recent trial, she defeated a contractor’s attempt to avoid payment based on a pay-if-paid clause. She has won motions to dismiss for foreign manufacturers not served correctly under the Hague Convention.
  • 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
  • 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