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 is the former 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.  From 2000 through 2013, he taught Civil Rights Law and Interviewing, Counseling & Negotiation as an adjunct professor at Texas Tech University School of Law.

Sample litigation experience

• Nationwide injunction against U.S. Department of Labor regulation attempting to amend the Davis-Bacon Act.
• Successful challenge in Fifth Circuit to the constitutionality of the Horseracing Integrity and Safety Act’s delegation of executive authority in violation of the non-delegation doctrine.
• Victory before the Amarillo Court of Appeals on mandamus in case of first impression construing insured’s duties under Section 5421A.003 of the Texas Insurance Code.
• Obtained a judgment on the pleadings for the City of Lubbock in federal court against a suit for violations of the Texas Open Meetings Act.
• Obtained a dismissal in federal court under the Texas Anti-SLAPP Act against counterclaim for defamation.
• Obtained a multi-million-dollar pre-suit settlement for two physicians in a local medical practice who were defrauded by their managing partner.
• Victory before the Texas Seventh Court of Appeals in Amarillo, holding that speech on the subject of tenure for professors in higher education is a matter of public concern, entitled to protection, earning Mr. Bustos the honor of “Appellate Lawyer of the Week” by Texas Lawyer Magazine.
• Successful settlement of multiple overtime class action lawsuits in federal court in New Mexico, saving oil and gas business clients millions of dollars in claimed overtime.
• Fifth Circuit Court of Appeals victory, holding that the subject of tenure is a protected matter of public concern for free speech purposes, and reversing and remanding a business school professor’s claim for retaliation in violation of his First Amendment free speech rights.
• Successfully defeated post-judgment attorneys’ fees request in federal court against limited liability company.
• Co-counsel in obtaining permanent nationwide injunction against the U.S. Department of Labor’s new “Persuader Rule,” which restricted the Labor Management Relations Act’s advice exemption.
• 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.
• Six figure securities fraud federal court jury verdict, including punitive damages, against two investment firms and two brokers.
• 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.
• 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.
• 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.
• Co-counsel in a case representing 38 Lubbock-area homeowners who brought suit against the manufacturer and distributor of Kitec® residential pipe. Defendants removed the case to federal court. After successfully remanding the case back to state court, the case was resolved to the homeowners’ satisfaction under a confidential settlement agreement.
• Receiver in action brought by SEC arising from investor fraud involving over 250 investor victims and approximately $45 million in losses. Operated and sold four restaurant chains and a tennis club as part of estate operations.
• 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.
• 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.
• Obtained permanent injunction in trademark infringement case.
• Obtained a $150 million judgment in state district court in an investment fraud case.
• Served as hearing officer and final decision-maker for City of Lubbock in evidentiary hearing for dismissed city council chief of staff who claimed First Amendment retaliation and race discrimination claims.
• 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.
• 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.
• 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.
• 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.
• Co-litigation counsel in $60 million declaratory judgment action for a multi-national company, in Lubbock, Texas federal court, and in 10 separate state court lawsuits. Argued all hearings in federal and state trial courts. 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.
• 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.
• 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

• Voir Dire
  American Board of Trial Advocates – Texas Chapter
  September 13, 2022, Lubbock, Texas
  .5-hour seminar

• The Seventh Amendment Right to a Jury Trial and Legal News You Can Use
  American Board of Trial Advocates
  October 24, 2019, Lubbock, Texas
  Academic First Amendment Issues
  .5-hour seminar/Paper presented

• 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

Professional Awards

• 2016 Lubbock Business Person of the Year – Lubbock Chamber of Commerce
• 2014 – 2024 Thomson Reuters “Super Lawyer”
• 2005-2001 Thomson Reuters “Texas Rising Star” Attorney
• Lubbock County Outstanding Young Lawyer 2003-2004
• Lubbock Magazine Top Attorney 2019

Published Cases

• In re The Lubbock Independent School District., 700 S.W.3d 426 (Tex. 2024) (insured failed to give proper notice under Section 542A of Texas Insurance Code of specific amount alleged to be owed by “the insurer on the claim”).
• Nat’l Horsemen’s Benevolent & Protective Ass’n v. Black, 107 F.4th 415, No. 23-10520, 2024 WL 3311366 (5th Cir. Jul. 5, 2024) (successfully challenged the constitutionality of the Horseracing Integrity and Safety Act’s delegation of Executive authority in violation of the non-delegation doctrine)
• In re Westchester Surplus Lines Ins. Co., No. 07-22-00329-CV, 2023 WL 4488269 (Tex. App.—Amarillo Jul. 10, 2023) (orig. proceeding) (case of first impression for Texas appellate courts clarifying insured’s duties under Section 542A.003 of Texas Insurance Code and holding insured’s notice was defective and abating case).
• Nat’l Horsemen’s Benevolent & Protective Ass’n v. Black, 53 F.4th 869, No. 22-10387, 2022 WL 17075011 (5th Cir. Nov. 18, 2022) (successfully challenged the constitutionality of the Horseracing Integrity and Safety Act’s delegation of congressional authority to a private entity in violation of the non-delegation doctrine).
• In re Gilbreath, No. 07-20-00244-CV, 2021 WL 450970 (Tex. App.— Amarillo Feb. 8, 2021, orig. proceeding.) (obtained mandamus relief vacating an order granting death penalty sanctions.) Wagner v. FedEx Freight, Inc., No. 5:17-CV-264 M-BQ, 2018 U.S. Dist. LEXIS 80264 (Apr. 17, 2018) (denying plaintiff’s motion to remand and holding that claim for wrongful death against Texas worker’s compensation subscriber did not fall under prohibition against removal to federal court).
• Wetherbe v. Goebel, No. 07-16-00179-CV, 2018 Tex. App. LEXIS 1676 (Tex. App. – Amarillo, Mar. 6, 2018) (topic of tenure in higher education is protected matter of public concern in Texas under free speech clause of Constitution).
• Wetherbe v. Tex. Tech Univ. Sys., 699 F. App’x 297 (5th Cir. 2017) (topic of tenure in higher education is a protected matter of public concern under First Amendment’s free speech clause).
• Nat’l Fed. Of Indep. Bus. v. Perez, No. 5:16-CV-00066-C, 2016 WL 3766121 (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).
• 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.C Eastland, 2002, no pet.) (affirming summary judgment in medical malpractice case on basis of suicide affirmative defense statute).
• Williams v. Viswanathan, 65 S.W.3d 685 (Tex. App. C Amarillo, 2001, no. pet.) (brief author) (overruling opposing party=s motion to recuse court of appeals justice).
• Williams v. Viswanathan, 64 S.W.3d 624 (Tex. App. C Amarillo, 2001, no. pet.) (brief author) (affirming jury verdict in 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).

Expert Witness Engagements

Jose Miguel Guemez v. Charles Hodges, et al; No. 017-233898-08; In the 17th District Court of Tarrant County, Texas. Retained by plaintiff. Written report issued, testified at trial August 24, 2011, on standard of care for receivers.