Erin Friel Elmore
Erin Friel Elmore
Partner
BIOGRAPHY
Erin Friel Elmore graduated summa cum laude from The University of Texas School of Law in 2000. Ms. Elmore was Vice Chancellor of the class of 2000, a distinction awarded to the second in her class. She was also a member of the Texas Law Review.
Ms. Elmore joined Vinson & Elkins in 2000 and practiced complex commercial litigation with a focus on antitrust, commercial arbitration, and securities law, primarily litigating on behalf of large corporate clients.
Ms. Elmore joined Henneman Rau & Kirklin LLP in 2019. Her litigation and arbitration practice focuses on complex commercial cases and business disputes of all types. Ms. Elmore has substantial experience representing financial advisors and financial institutions in employment disputes, business transitions, regulatory compliance and customer disputes. She has successfully represented clients on claims involving fraud, trade secret misappropriation, trademark infringement, antitrust violations, securities violations, breach of contract, covenants not to compete, tortious interference with business relations, unfair competition and business “raiding”, business disparagement, partnership disputes, and employment-related issues, including enforcement of non-competition and non-solicitation covenants.
Ms. Elmore has also assisted in obtaining, or defending against, emergency injunctive relief at TRO proceedings and temporary injunction hearings and has experience in all phases of litigation in both state and federal courts as well as FINRA and AAA arbitration proceedings.
Ms. Elmore is admitted to practice in the following courts:
- State of Texas
- U.S. Court of Appeals for the Fifth Circuit
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Northern District of Illinois
EDUCATIONAL BACKGROUND
- University of Texas School of Law, J.D., with High Honors, 2000
- Vice-Chancellor
- Texas Law Review
- University of London School of Law, attended in 1999
- Queen Mary School of Law, attended in 1999
- Texas A&M University, cum laude , 1997
REPRESENTATIVE EXPERIENCE
Extensive representation of customers, financial advisors, and financial services firms in industry disputes in FINRA and AAA arbitrations nationwide.
- Successful representation of national advisory firms and their advisors in litigation of post-employment restrictive covenants, including non-competition and non-solicitation clauses, as well as breach of contract, breach of fiduciary duty, trade secret misappropriation, unfair competition, defamation, tortious interference, suitability, fraud, negligence, alleged violations of state and federal securities laws, and other claims.
- Representation of securities firms in investigating departing employee conduct and seeking temporary and preliminary injunctive relief in federal and state courts nationwide.
- Successful defense of employees in post-employment disputes, including defending against attempts to obtain temporary and preliminary injunctive relief nationwide.
- Successful representation of employees and employers in dozens of employment disputes in a wide variety of industries.
- Representation of national advisory firms, SEC-registered advisors, and FINRA-registered brokers in regulatory inquiries and investigations.
- Representation of financial advisors in Protocol and Non-Protocol transitions.
- Representation of financial advisors and financial institutions in promissory note disputes.
- First chair FINRA arbitration which resulted in successful settlement on the eve of trial for client suing former employer for breach of contract.
- First chair FINRA arbitration which resulted in successful settlement on the eve of trial for client suing for breach of oral agreement against former employer.
- First chair FINRA arbitration on behalf of customer against national investment firm which resulted in successful settlement shortly before trial.
- Second chair FINRA breach of margin agreement case on behalf of claimant financial institution. Panel entered an award for all damages sought, interest, and attorneys’ fees in favor of financial institution. Award was upheld on motion for vacatur.
- Second Chair in AAA arbitration defending a financial advisor against a “buy-out” provision that was ruled an unenforceable penalty provision under Texas law.
- Second chair in AAA arbitration representing a financial advisor against a former employer over withheld distributions and breach of agreements obtaining a favorable verdict on behalf of the advisor.
- Second chair bench trial in state district court in Harris County on behalf of international LNG corporation resulting in total defense verdict.
- Successful representation of individual members of LLC and multiple companies in a business divorce matter.
- Successful representation of commercial property owner in lawsuit against former partner regarding claims for breach of contract, fraud, and theft.
- Successful representation of business owner on a claim for money had and received.
- Successful representation of business owner on trademark dispute.
- Successful representation of dental practice against former employee regarding breach of non-competition and non-solicitation provisions in employment agreement.
- Represented advisors, engineers, doctors, and others in negotiations with their current and former employers regarding compensation, severance, and post-employment restrictive covenants.
- Represented companies and individuals on motions for vacatur and motions to enforce arbitration awards.
- Representation of Texas news organization against defamation related allegations.
- Representation of technology companies on claims of misappropriation.
- Represented female executive in sexual harassment claims against a nationally known financial advisory firm.
- Representation of individual regarding the post-acquisition of beekeeping business involving restrictive covenants contained in contract in federal court.
- Representation of commercial property owner in lawsuit against former partner regarding claims of conversion, money had and received, tortious interference with contract, unjust enrichment, fraud, and breach of fiduciary duty.
- Trial team member representing an international energy company in a hundred-million-dollar business tort and contract dispute in AAA arbitration.
- Negotiation of MSAs on behalf of national oil and gas corporation.
- Drafting and negotiating separation agreements, new employment agreements and post-acquisition agreements.
- Advise corporations on risk mitigation, dispute avoidance, and regulatory compliance.
- Experience in handling antitrust litigation.
- Experienced in handling high-stakes litigation through trial and appeal including developing litigation strategy, preparation of pleadings, managing discovery, and preparation of witnesses.
- Extensive experience drafting pleadings, briefs, and motions in significant business litigation cases.
- Extensive experience conducting and defending depositions.
- Extensive experience arguing oral motions at hearings.
- Negotiated favorable settlements in numerous business and employment disputes.
PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS
- American Bar Association
- Texas Bar Association
- Houston Bar Association – Treasurer of Securities Litigation & Arbitration Section 2021-2022
CIVIC INVOLVEMENT & INTEREST
- Served as President of the St. Stephen’s Episcopal School Parent Teacher Organization for both the 2017-2018 and the 2018-2019 school year.
- Volunteer in the West University community.
In her free time, Erin enjoys spending time with her two teenagers and their two rescue dogs. She enjoys traveling, spending time outdoors, painting, reading and yoga.
Erin Friel Elmore
Tel: (713) 955-6030
Email: efelmore@hrklaw.com