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Haynes and Boone, LLP

Thad Behrens

Thad Behrens

Partner

Haynes and Boone, LLP
Texas, U.S.A.

tel: +1 214 651 5668
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Thad Behrens is co-chair of the firm’s Litigation Department. Thad specializes in navigating clients through a major business crisis. When the stakes are highest, the pressure is great and the public spotlight shines bright, clients turn to Thad to calm the waters and chart the path to the best possible outcome. He is valued by his clients not only for his outstanding courtroom skills and creative strategic thinking, but also for his clear-eyed judgment and exceptional “bedside manner.” He considers it his job to shoulder the burdens and worries associated with big litigation so his clients can focus on their business.

As chair of the firm’s national Class Action Defense Practice Group, Thad has scored major class action victories for some of the most recognizable companies in the United States. For example, Thad recently led the firm’s successful defense of the National Football League in a consumer class action brought by ticketholders to Super Bowl XLV—first obtaining a denial of class certification and then winning the subsequent federal jury trial against the remaining individual plaintiffs. Prior to that, Thad led BP Products North America, Inc. to victory by defeating class certification in a $10 billion environmental class action brought by property owners who claimed to have been harmed by alleged air emissions from one of the company’s oil refineries. Following the denial of class certification, the individual plaintiffs voluntarily dismissed their claims.

In his more than 18 years of practice, Thad has also developed particular expertise in all forms of shareholder and securities litigation. He has successfully represented companies, boards of directors and executives in securities fraud class actions, shareholder derivative cases, M&A litigation, tender offer litigation and proxy contest lawsuits. Thad has amassed an impressive record of winning such cases at early stages, including through dismissals and denials of class certification.

Outside of the office, Thad is a recognized leader in the community. He is a former president of the Dallas Federal Bar Association, a current member of the board of the Dallas Education Foundation, an alumnus of the Dallas Regional Chamber’s famed Leadership Dallas program and a former barrister with the esteemed Patrick E. Higginbotham Inn of Court. He has been recognized by Texas Super Lawyers, Thomson Reuters, 2013-2016 and D Magazine, D Magazine Partners, as a "Best Lawyer in Dallas" for Class Action, 2016-2017.


Education

J.D., McGeorge School of Law, 1997 with great distinction; Valedictorian Award; Outstanding Graduate Award; Order of the Coif; Chief Articles Editor, Pacific Law Journal, McGeorge Law Review
B.A., Bucknell University, 1990
Areas of Practice
Professional Career

Significant Accomplishments

Denial of Class Certification for the National Football League in Consumer Class Action: Defeated class certification for the National Football League in lawsuit alleging claims of breach of contract and fraud against the NFL and the Dallas Cowboys for allegedly not providing prescribed seats to ticketholders at the Super Bowl XLV game. Following denial of class certification, won federal jury trial on remaining individual claims.

Defense of Class Action Under the Telephone Consumer Protection Act (TCPA): Defense of healthcare provider in proposed class action alleging that faxes were improperly sent without consent in violation of the TCPA.

Denial of Class Certification in Environmental Class Action Related to Alleged Refinery Emission: Defeated class certification for BP Products North America, Inc. in lawsuit alleging that 14,000 residential property owners' property values were diminished by alleged emissions at the company's former oil refinery in Texas City, Texas. Following denial of class certification, plaintiffs voluntarily dismissed their claims.

Defense of Oil and Gas E&P Company in Delaware Shareholder Derivative Suit: Defending private exploration and production company in a shareholder derivative lawsuit challenging an acquisition of oil and gas working interests.

Defense of IPO Securities Class Action Against Consumer Finance Company: Defending consumer finance company and its directors and officers in securities class action alleging the company made misstatements concerning lending practices in the registration statement and prospectus for its IPO.

Dismissal of Federal Shareholder Derivative Suit: Represented national dairy processor in shareholder derivative suit alleging that the board of directors breached fiduciary duties in connection with purported antitrust violations by the company. Obtained dismissal of suit on grounds that shareholder failed to make required demand or show that demand was futile.

Defense of Securities Class Action Based on Financial Restatement: Defended worldwide pump manufacturer in a securities class action arising from multiple accounting restatements. Obtained order from Dallas federal court denying class certification and granting summary judgment in favor of the defendants. After appellate court remanded case for further proceedings and rejected plaintiffs' damages theory, achieved settlement.

Denial of Class Certification and Dismissal of IPO Class Action: Successfully opposed class certification and obtained dismissal of "strict liability" claims under Section 11 of the Securities Act brought against a technology company client. Won affirmance of dismissal on appeal.

Proxy Contest Victory: Obtained temporary restraining order against insurgent shareholders who had launched proxy contest to unseat three directors of independent oil and gas company. Restraining order prompted immediate settlement whereby proxy contest was withdrawn.

Texas Securities Act Class Action Dismissal: Obtained dismissal on behalf of a chair manufacturer and its officers and directors of class action lawsuit alleging violations of Texas securities laws.

Hedge Fund Litigation Win: Obtained complete refund of investment on behalf of hedge fund client in suit for securities violations related to a PIPE transaction.

Limited Liability Company Fiduciary Litigation Victory: Prosecuted and defended related fiduciary duty lawsuits in Texas and California between business partners in limited liability company in the pharmaceutical industry. Secured ouster of chief executive officer and installation of new management, after which a favorable settlement was reached.

Defense of White-Collar Criminal Jury Trial: Defended lawyer against federal criminal charges that he participated in a multi-million dollar bribe and kickback scheme. After the six-week trial, the jury was unable to reach a unanimous verdict and a mistrial was declared.

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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