Fernando M. Bustos

Education

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

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, 2006
  • U.S. District Court New Mexico, 2016
  • U.S. District Court Eastern District of Michigan, 2017

Memberships

  • Lubbock County Bar Association, Director, 2004–2007
  • Bar Association of the Fifth Federal Circuit
  • State Bar of Texas
  • AV Rated by Martindale-Hubbell
  • Chairman, Federal Court Advisory Committee, U.S. District Court for the Northern District of Texas (2009-2011); Member (2006-2008)
  • American Board of Trial Advocates
  • Chairman, United States Magistrate Judge Selection Panel, Northern District of Texas (2016)

Honors and awards

  • 2016 Lubbock Business Person of the Year-Lubbock Chamber of Commerce
  • Member, American Board of Trial Advocates
  • 2014 – 2017 Texas Monthly “Super Lawyer”
  • 2007 – 2010 Texas Monthly “Texas Rising star” Attorney
  • Lubbock County Outstanding Young Lawyer 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

  • 2016
    Co-counsel in securing a nationwide permanent injunction against the U. S. Department of Labor’s new “Persuader Rule.”  National Federation of Independent Business v. Perez, No. 5:16-CV-66-C, In the United States District Court of the Northern District of Texas, Lubbock Division.
  • 2016
    Defended a large regional oil and gas services company against the U. S. Department of Labor’s overtime action, saving the client approximately $1 million in penalties and claimed wages.
  • 2015
    Six figure securities fraud federal court jury verdict, including punitive damages, against two investment firms and two brokers.
  • 2014
    Co-lead counsel for over 200 farmers who successfully filed involuntary bankruptcy petition against an agricultural processing plant and brokered a settlement involving over $25 million in claims.
  • 2012 - 2014
    Obtained over $4 million dollars in securities fraud judgments against international money launderers in Lubbock federal district court; judgments against primary defendants affirmed by the Fifth Circuit Court of Appeals.
  • 2013
    Two-day arbitration against nationwide auto group for Plaintiff involving FMLA claims, resolved through confidential settlement after final hearing.
  • 2009–2012
    Receiver 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.
  • 2012
    Successfully defended two class action lawsuits in San Antonio federal district court under the Electronic Fund Transfer Act. Cases were voluntarily dismissed without any payment to Plaintiffs after a challenge to class certification.
  • 2012
    Co-Counsel in a case representing 38 Lubbock-area homeowners who brought suit against the manufacturer and distributor of Kitec® residential plumbing pipe. Defendants removed the case to federal court. After successfully removing the case back to state court, the case was resolved to the homeowners’ satisfaction under a confidential settlement agreement.
  • 2011
    Secured a six-figure award after a four-day arbitration hearing for a large regional health care employer in a case involving breach of a non-compete agreement.
  • 2011
    Obtained dismissal of an employment discrimination case in federal district court through a motion for summary judgment.
  • 2011
    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.
  • 2010
    Obtained permanent injunction in trademark infringement case.
  • 2009
    Obtained a preliminary injunction in an employment non-competition case in federal district court after a two day hearing.
  • 2009
    Obtained a $150 million judgment in state district court in an investment fraud case.
  • 2007
    Served 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.
  • 2007
    Dismissed 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.
  • 2006
    Obtained 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 2003–2009
    Receiver 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.
  • 2002–2006
    Successfully 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 2001–2005
    Co-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 2001
    Served 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 2000–2002
    Represented 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

  • Firearms Seminar
    Amarillo Bar Association
    April 19, 2013, Amarillo, Texas
    Constitutional Law/Second Amendment
    .5 hour seminar/Paper presented
  • 35th Annual Advanced Civil Trial Course
    State Bar of Texas
    August 24, 2012, Dallas, Texas
    October 19, 2012, Houston, Texas
    Federal Law Update
  • Demystifying the Fifth Circuit and Federal Practice Bar Association of the Fifth Federal
    Circuit September 24, 2010, Lubbock, Texas
    1 hour seminar
  • 17th Annual Advanced Evidence and Discovery Course
    State Bar of Texas
    April 29, 2004, Houston, Texas
    "Cookin' With HB 4"
    .5 hour seminar/paper presented
  • 2001 Suing and Defending Governmental Entities MCLE Course
    State 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

Published cases

  • Nat’l Fed. Of Indep. Bus. v. Perez, ___ F.Supp. 3d ___, No. 5:16-CV-00066-C, 2016 U.S. Dist. LEXIS 89694 (N.D. Tex. June 27, 2016) (entering nationwide preliminary injunction against U.S. Department of Labor’s new Persuader Rule, which restricted the advice exemption under the Labor Management Relations Act for violating the First and Fifth Amendments.)
  • Venture Cotton Cooperative et al. v. Freeman, et al., 435 S. W. 3d 222 (Tex. 2014) (rights under Texas Deceptive Trade Practices Act not waived by agreement to arbitrate under American Cotton Shippers’ Association rules)
  • Teague v. Norcold, Inc., 774 F. Supp. 2d 817 (N.D. Tex. 2011) (defeated defendant’s motion to dismiss in products liability case under Texas economic loss doctrine).
  • Panorama Constr., Inc. v. Farm Credit Services of Ctrl. Kansas, et al, 733 F.Supp. 2d 748 (N.D. Tex. 2010) (refusing to apply relation-back doctrine, and holding a deed of trust lien extinguished later-created mechanic's lien).
  • 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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