Beverly Whitley has more than three decades of experience in commercial litigation and appeals. She has tried cases involving non-compete agreements, partnership disputes, land use contracts, creditor’s rights, and leases. She has handled state and federal appeals at all levels.
J.D., Louisiana State University, Paul M. Hebert Law Center, 1990
B.A., English, Louisiana State University, 1986
State Bar of Texas
Louisiana State Bar
United States Supreme Court
United States Courts of Appeals for the Federal, Second, Fifth, and Eighth Circuits
United States District Courts for the Northern, Southern, Eastern, and Western Districts of Texas, and the Eastern, Middle, and Western Districts of Louisiana
Extensive experience handling injunctions, trials, and appeals in cases involving non-competition and non-solicitation agreements. She successfully argued a landmark non-compete case before the Texas Supreme Court. She obtained a seven-figure summary judgment enforcing a non-solicitation agreement, then successfully enforced the judgment after prevailing in the Dallas Court of Appeals and 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.
Frequently handles TRO/injunction cases and appeals. 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 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 taxpayer to collect an ad valorem tax refund under Section 31.11 of the Texas Tax Code.