Business Law Experience

Mr. Vargo is an attorney that focuses on representing small business in litigation, transactions, and employment issues. Mr. Vargo has represented shareholders in suits against corporations and defended directors against shareholders and corporations. He has represented businesses in commercial contracts and disputes involving breach of contract, various business torts such as fraud and tortious interference, and misappropriation of trade secrets, as well as defending businesses in employment discrimination suits under Title VII and the Americans with Disabilities Act. In addition to his commercial and employment experience, Mr. Vargo formerly managed a large insurance defense practice, serving several major international insurers. Specific examples of exemplary results and noteworthy business transactions include, but are not limited to the following:

Extraordinary Remedies: Temporary Restraining Orders, Injunctions and Vessel Arrests

  • Procured a temporary restraining order and temporary injunction to stop a man who allegedly purchased multiple medical imaging centers from a prominent radiologist and failed to pay the majority of the purchase price as set forth in the contract from taking over the business and selling the equipment until a jury could decide whether a material breach had occurred
  • Attained a Temporary Injunction on behalf of a minority LLC member prohibiting the majority LLC owner from removing them after it was determined at a full evidentiary hearing that the minority interest holder was hired to manage the LLC pursuant to a written agreement and the attempt to terminate/remove them was without cause
  • Secured a Temporary Restraining Order requiring a managing member of an LLC to re-deposit stolen funds into the LLC bank account and restricting future access to the LLC accounts
  • Procured a Temporary Restraining Order preventing a client’s former employee from accessing, using, or disclosing the client’s confidential information during the pendency of litigation
  • Petitioned for and obtained a maritime warrant of arrest pursuant to Supplemental Rule D of the Federal Rules of Civil Procedure to prevent a barge from being moved out of the Port of Houston during a multi-billion dollar construction project
  • Secured a maritime warrant to prevent a vessel from leaving the port of Houston without posting bond after a longshoreman was tragically killed while discharging cargo
  • Awarded a Final Judgment for $56,013 and a Permeant Injunction on behalf of a client who purchased a business after the seller of the business began competing post-closing
  • Earned a Temporary Injunction Order prohibiting a competitor from soliciting and hiring foreign workers that were brought to the United States under the client’s visa in exchange for paying a nominal bond following an evidentiary hearing with multiple witnesses

Contract, Employment, and Other Business Disputes

  • Awarded a jury verdict and Final Judgment against an out of state barge broker for $920,000 following a four day jury trial in the U.S. District Court for the Southern District of Texas
  • Negotiated a favorable litigation and business settlement on behalf of corporate executives accused of misappropriating millions of investor dollars and corporate property for their own personal gain and out of state investment projects that did not involve the investor.
  • Extracted a $350,000 settlement from an indignant multi-millionaire who refused to compensate a business broker that procured a buyer and closed a $66,000,000 transaction
  • Obtained a Final Judgment declaring “subject to” real estate sales documents valid and enforceable after the seller threatened to accelerate the underlying mortgage that remained in her name and counterclaimed that the documents were unconscionable and unenforceable
  • Negotiated a favorable settlement agreement on behalf of a regional auto dealer that was accused of violating the Americans With Disabilities Act and Fair Labor Standards Act by a former employee who alleged she worked overtime and was terminated because she got pregnant and accepted maternity leave
  • Awarded summary judgment and total dismissal of claims with prejudice on behalf of an employer being sued by a former employee for breach of employment contract
  • Obtained a favorable settlement on behalf of multiple shopping center owners against a major roof materials manufacturer, a general contractor, and roof installer after the clients’ roofs failed within 6 years of installation
  • Negotiated a take nothing judgment in favor of a well-respected Houston accountant after a wealthy real estate mogul’s family sued the accountant for malpractice and breach of fiduciary duty, and fraud

Small Business Transactions and Contract

  • Represented the purchaser of a waste services business on the Texas Gulf Coast for a confidential purchase price secured by non-compete agreements
  • Closed a $2mm sales transaction involving a large plumbing company under a conflicts waiver by representing a buyer and seller jointly where the clients were longtime friends, business partners, and one wanted to retire
  • Represented a client that sought to purchaser all of the stock in a C-Corporation for nearly $2mm secured by a promissory note and stock pledge agreement
  • Prepared nondisclosure, non-circumvent, and non-compete agreements relating to procurement of third party capital and resources
  • Prepared deeds of trust and promissory notes to facilitate hard money loans
  • Drafted and submitted paperwork to effectuate corporate restructuring per client instructions of a complex Houston based energy company
  • Prepared a joint venture agreement for the exploration of oil and gas on an area of mutual interest
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