Attorney Profiles

At the Lubbock, Texas Bustos Law Firm, P.C., our skilled attorneys focus primarily on cases involving commercial and employment litigation, trademark and copyright registrations and litigation, and receiverships. Learn more about Fernando Bustos and Aaron Pier below.

View Fernando M. Bustos' full profile click here. Aaron M. Pier, Associate
Alex M. Bustos

Fernando M. Bustos

After earning his law degree from Texas Tech University School of Law, Fernando Bustos served as briefing attorney to the Honorable Sam R. Cummings, U.S. District Court Judge, Northern District of Texas, Lubbock Division from 1997 to 1999. He then spent several years sharpening his skills as a partner with one of the oldest and largest law firms in Lubbock before founding the Bustos Law Firm, P.C.

Fernando currently serves as the chairman of the Court Advisory Committee for the U.S. District Court, Northern District of Texas. This is a select group of attorneys from the Dallas–Fort Worth, Panhandle, and South Plains regions who advise the federal courts on current practice issues. Since 2000 he has taught Civil Rights Law as an adjunct professor at Texas Tech University School of Law.

Education

  • J.D., Texas Tech University, 1997
  • B.A., Brigham Young University, 1994

Practice areas

  • Federal litigation
  • Commercial litigation
  • Civil rights
  • Trademark and copyright registration
  • Trademark and copyright infringement
  • General litigation
  • Investor fraud claims
  • Appellate practice
  • Trade secrets
  • Labor and employment
  • Receiverships
  • Mediation

Bar admissions

  • Texas, 1997
  • U.S. District Court, Northern, Southern, Western, and Eastern Districts of Texas, 1998
  • U.S. Court of Appeals, Fifth Circuit, 1999
  • U.S. Supreme Court, 2001
  • U.S. Tax Court, 2001

Memberships

  • Lubbock County Bar Association, Director, 2004–2007
  • Bar Association of the Fifth Federal Circuit
  • State Bar of Texas

Honors and awards

  • Selected for inclusion in Texas Rising Stars Super Lawyers by Law & Politics and Texas Monthly Magazine
    • 2005, 2007, 2008, 2009, and 2010
  • Outstanding Young Lawyer, Lubbock County, 2003–2004

Languages

  • Spanish

Publications

  • Fifth Circuit Survey—Civil Rights Law, 39 Tex. Tech L. Rev. 719 (2007)
  • Fifth Circuit Survey—Civil Rights Law, 38 Tex. Tech L. Rev. 743 (2006)
  • Fifth Circuit Survey—Civil Rights Law, 33 Tex. Tech. L. Rev.756 (2002)

Sample litigation experience

  • 2011Obtained dismissal of an employment discrimination case in federal district court through a motion for summary judgment. Obtained dismissal of
    lawsuit alleging a breach of a covenant not to compete and non-solicitation agreement. The lawsuit was dismissed before it was even served upon our client, after we submitted briefing to the court showing that under Texas law, the former employer could not prove a case for breach of a covenant
    not to compete or non-solicitation agreement.
  • 2010Obtain permanent injunction in trademark infringement case.
  • 2009Obtained a preliminary injunction in an employment non-competition case in federal district court after a two day hearing.
  • 2009–presentReceiver in action brought by SEC arising from investor fraud involving over 250 investor victims and approximately $45 million in losses.  Operated four restaurant chains and tennis club as part of estate operations.
  • 2009Obtained a $150 million judgment in state district court in an investment fraud case.
  • 2007Served as hearing officer and final decision-maker for City of Lubbock in two-day evidentiary hearing for dismissed city council chief of staff who claimed First Amendment retaliation and race discrimination claims.
  • 2007Dismissed with prejudice a case of first impression alleging violation of the Fair Labor Standards Act claiming "expediters" at high-end restaurant could not lawfully participate in a tip pool.  The federal district court denied plaintiff's motion for collective (class) action certification, and opined that plaintiff's case would fail on the merits.  Plaintiff dismissed the lawsuit within two months of filing in exchange for defendants dropping their claims for attorneys' fees.
  • 2006Obtained a quarter-million dollar summary judgment for plaintiff in a commercial litigation matter in Lubbock federal district court based on breach of brokerage contract.
  • April 2003–2009Receiver in Lubbock federal district court which included satellite litigation in that court and San Antonio bankruptcy court, plus managing 20 property interests, including a business generating gross revenue of approximately $4 million per year.
  • 2002–2006Successfully defended a claim under the Americans with Disabilities Act for a large regional employer, obtaining summary judgment in federal district court which was affirmed by the Fifth Circuit Court of Appeals.
  • December 2001–2005Co-litigation counsel in $60 million declaratory judgment action for a multinational company in Lubbock, Texas federal court, and in ten separate state court lawsuits.  Argued all hearings in federal and state courts, drafted majority of briefs.  Defeated a motion to dismiss the federal declaratory judgment action, and obtained summary judgment in same court on federal preemption and UCC limitation of remedies issues.  Assisted in winning case on appeal to the Fifth Circuit, and assisted in preparation for argument at United States Supreme Court.
  • March 2000–May 2001Served as co-counsel in $1 billion patent ownership lawsuit in Lubbock, Texas federal court.  Defeated a motion to dismiss, and the case was successfully settled for the client.
  • January 2000–2002Represented nationwide retailer in a commercial litigation jury trial in Lubbock County district court, and obtained a favorable verdict and successfully defended the judgment on appeal.

 Speaking engagements

  • 17th Annual Advanced Evidence and Discovery CourseState Bar of Texas

    April 29, 2004, Houston, Texas

    "Cookin' With HB 4"

    .5 hour seminar/paper presented

  • 2001 Suing and Defending Governmental Entities MCLE CourseState Bar of Texas

    July 26–27, 2001, San Antonio, Texas

    "Making a Federal Case of It: Pleadings in Federal Court"

    .5 hour seminar/paper presented

Public appearances

  • February 13, 2008KJTV Fox-34 News, Lubbock, Texas

    Televised interview regarding 2008 Republican presidential primary elections

  • February 6, 2008KJTV Fox-34 News, Lubbock, Texas

    Televised interview regarding 2008 Republican presidential primary elections

  • January 4, 2008KJTV Fox-34 News, Lubbock, Texas

    Televised interview regarding 2008 Republican presidential primary

  • July 14, 2003KLBK-TV News, Lubbock, Texas

    Televised expert commentary on recent United States Supreme Court ruling banning Texas’ anti-sodomy law and impact on local federal lawsuit involving Lubbock I.S.D.

  • June 4, 2001Fox-34 TV News, Lubbock, Texas

    Televised expert commentary on recent United States Supreme Court Title VII ruling

  • May 2, 2000KBCD-TV, Lubbock, Texas

    Televised expert commentary on consumer law story

Published cases

  • Lentz v. Spanky's Restaurant II, Ltd., d/b/a Double Nickel Steakhouse, 491 F. Supp. 2d 661 (N.D. Tex. 2007) (case of first impression denying plaintiff's motion for collective (class) action certification and opining no violation of the Fair Labor Standards Act where Plaintiff claimed "expediters" at a high-end restaurant could not lawfully participate in a tip pool).
  • Wamco XXVIII, Ltd. V. Casa Grande Cotton Finance Co.; Chickasaw Cotton Oil Co. And Michael D. Hicks, Substitute Trustee, 314 F. Supp. 2d 655 (N.D. Tex. 2004) (case of first impression interpreting Texas Property Code provision related to substitute trustees).
  • Dow AgroSciences LLC v. Bates, et al., 205 F. Supp. 2d 623 (N.D. Tex. 2002) (order granting summary judgment based on federal preemption and UCC limitation of remedies).
  • Galindo v. Dean, 69 S.W.3d 623 (Tex. App.—Eastland, 2002) (affirming summary judgment in medical malpractice case on basis of suicide affirmative defense statute).
  • Williams v. Viswanathan, 65 S.W.3d 685 (Tex. App.—Amarillo, 2001) (brief author) (overruling opposing party's motion to recuse court of appeals justice).
  • Williams v. Viswanathan, 64 S.W.3d 624 (Tex. App.—Amarillo, 2001) (brief author) (affirming jury verdict in medical malpractice case dealing with jury misconduct issues).
  • Nutrition Physiology Corp. v. Enviros Ltd., 87 F. Supp.2d 648 (N.D. Tex. 2000) (granting motion to dismiss for want of personal jurisdiction in international intellectual property case).

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Aaron M. Pier

Aaron Pier is a 2003 graduate of Texas Tech University School of Law where he distinguished himself as a top legal scholar.  During his tenure at Texas Tech, he was a member of the Beta Gamma Sigma Honor Society and honored with the American Jurisprudence Award in Federal Income Taxation and the CALI Excellence for the Future Award in Wills and Trusts and Creditors Rights.  Before joining the Bustos Law Firm, P.C., Aaron worked with the Midland County District Attorney and the law firm of Todd, Barron, Thomason & Hudman, P.C. He has tried more than 30 cases to verdict.

Practice areas

  • Commercial litigation
  • Labor and employment law

Education

  • J.D., Texas Tech University School of Law, 2003
    • American Jurisprudence Award in Federal Income Taxation
    • CALI Excellence for the Future Award for Wills and Trusts and Creditors Rights
  • B.A., Business Administration, Texas Tech University, 2000
    • Beta Gamma Sigma Honor Society

Bar admissions

  • Texas, 2003
  • U.S. District Court, Northern District of Texas

Memberships

  • Midland County Young Lawyers Association, 2005–2009
    • Vice President, 2005–2006
  • Lubbock County Bar Association
  • Lubbock County Young Lawyers Association

Sample litigation experience

  • 2011Obtained dismissal of an employment discrimination case in federal district court through a motion for summary judgment. Obtained dismissal of lawsuit alleging a breach of a covenant not to compete and non-solicitation agreement. The lawsuit was dismissed before it was even served upon our client, after we submitted briefing to the court showing that under Texas law, the former employer could not prove a case for breach of a covenant not to compete or non-solicitation agreement.

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Alex M. Bustos, Of Counsel - Houston Office

Alex Bustos' practices focuses on immigration and entertainment law. He is a graduate of St. Mary's School of Law. During his studies at St. Mary's, he served as a judicial intern for the Fourth Court of Appeals of Texas in San Antonio and studied Comparative Law at Oxford University.

Before joining the firm as Of Counsel, Alex served as corporate counsel for publicly traded companies and assisted with SEC filings and corporate governance matters.

Practice Areas

  • Immigration Law
  • Commercial Law
  • Entertainment Law

Education

  • J.D., St. Mary's University School of Law, 2001
  • B.A., University of Utah, 1998

Bar admissions

  • Texas, 2003

Memberships

  • American Immigration Law Association

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Contact us today

For experienced legal counsel in commercial and employment litigation, trademark and copyright registration and infringement litigation, and receiverships, contact the Bustos Law Firm, P.C. today.

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