John R.W. Fugitt
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John R.W. Fugitt

Of Counsel

214-740-1416

Bringing a combination of intelligence and instinct to his work, John enjoys helping clients avoid litigation with careful analysis and planning on the front end. When litigation is unavoidable, he proceeds aggressively, but with focus, carefully considering the business context that serves as backdrop for clients’ legal issues. Clients appreciate that he is a straight shooter, providing honest advice and possessing a quick wit.

John represents clients in commercial disputes throughout Texas, in both state and federal court. His matters have ranged in size from small, commercial evictions before the local justice of the peace to cutting-edge noncompete litigation before the Texas Supreme Court. An excellent writer and researcher, John is skilled at briefing—and winning—the critical issues in a case.  

With a diverse civil litigation practice, John handles a wide range of matter types, including noncompetition, nonsolicitation and other restrictive covenant agreements; complex contractual disputes; trade secret protection; real property litigation; and business torts. His experience with restrictive covenant agreements of all kinds extends beyond the laws of Texas, reaching to other U.S. jurisdictions, Canada and the United Kingdom.

Preferring a proactive approach, John routinely provides prelitigation counseling, constantly searching for ways to protect his clients from issues before they arise. To that end, he also works on contracts, policies and procedures, providing practical advice on how to avoid litigation. John frequently partners with the firm’s corporate lawyers to provide clients with partnership, company and shareholder agreements, and other legal solutions.

John also has experience counseling clients on various regulatory, data protection and privacy issues, such as compliance with the EU General Data Protection Regulation (GDPR) and rollout of international compliance reporting programs, as well as preparation of corporate policies and procedures on harassment, trade secret protection and other matters.

Practices

Industries

Representative Experience

  • Represented prevailing party in Marsh USA Inc. v. Cook, the 2012 Texas Supreme Court case on enforceability of noncompete agreements in the state of Texas.
  • Obtained full dismissal of more than 43 claims against six clients in a dispute alleging libel, defamation and slander based on contents of a letter of complaint to the American Quarter Horse Association.
  • Awarded more than $60,000 in sanctions against an opposing attorney, firm and client based on the filing of a frivolous and harassing lawsuit.
  • Obtained summary judgment for a small business in a multimillion-dollar lawsuit against a major retailer involving the sale of goods under the Uniform Commercial Code.

Published Opinions

  • Hydroscience Technologies, Inc. v. Hydroscience, Inc.
    • 358 S.W.3d 759 (Tex. App. – Dallas 2011, no pet.)
  • Corea v. Bilek
    • 362 S.W.3d 820 (Tex. App. – Amarillo 2012, no pet.)
  • Marsh USA Inc. v. Cook
    • 354 S.W.3d 764 (Tex. December 16, 2011), reversing, 287 S.W.3d 378 (Tex. App. – Dallas 2009).
  • Carolina Cas. Ins. Co. v. Sowell
    • 603 F. Supp. 2d 914 (N.D. Tex 2009).
  • EXDS, Inc. v. CB Richard Ellis, Inc. (In re EXDS, Inc.)
    • 352 B.R. 731 (Bankr. Del. 2006).

Noteworthy

  • Selected by attorney peers as a Texas Rising Star®, Texas Monthly, 2007, 2014–2015
  • While at Texas A&M, John served in the Corps of Cadets and the Aggie Band, ultimately earning the rank of Cadet Lieutenant Colonel and serving as Head Drum Major of the Aggie Band from 1997–1998. He was also one of 72 juniors in the Corps of Cadets chosen to serve in the Ross Volunteer Company, the official honor guard for the Governor of the State of Texas.

Presentations

  • "Emerging Issues Facing Restrictive Covenants," Collin County Bar Association and Plano Bar Association Corporate Counsel Sections; March 4, 2022.
  • “Texas Covenants Not to Compete – Non-Competes After Marsh v. Cook,” Bell Nunnally & Martin LLP; 2012.

Publications

  • “Pros and Cons of Arbitration vs. Jury Trial for Employers,” The Texas Lawbook, author; December 16, 2022.

Credentials

    Education

    • JD, cum laude, The University of Texas School of Law, 2002
      • Order of the Coif
    • BA, summa cum laude, Texas A&M University, 1998

    Admissions

    Bar Admissions
    • Texas
    Court Admissions
    • United States District Courts for theNorthern, Southern, Eastern and Western Districts ofTexas

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