Joe A.C. Fulcher

409-797-3210
jfulcher@greerherz.com

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Practice Areas

Commercial Litigation
Insurance Litigation
Environmental Litigation

Joe A.C. Fulcher is a litigation partner of Greer, Herz & Adams, L.L.P. who concentrates his practice in commercial litigation, insurance, and environmental matters. Joe has tried cases to juries, courts, and arbitrators in state and federal courts throughout the U.S. and before domestic arbitral tribunals on behalf of both plaintiffs and defendants.  Joe’s practice is diverse, covering a wide range of complex business litigation matters involving contract, real estate, construction, employment, insurance coverage, and lender liability disputes.   He has also developed experience handling litigation matters involving satellite and cable communications piracy, joint ventures, partnerships, trade secret misappropriation, and securities fraud.

Joe represents numerous companies in Texas and across the U.S. including DIRECTV, LLC, American National Insurance Company, United States Automobile Association (USAA), EnerStaff, LLC, and Moody National Bank.  As a result of successfully handling a large lawsuit with ties to Italy, Joe has also developed a unique niche of clients based in Italy such as Schiffini Mobili Cucine, S.p.A.,  Zuchetti, S.p.A., and ACME, S.r.l. who he routinely represents in various litigation and transactional matters involving distribution, real estate, shareholder, and contract matters.   

Joe has received an AV® Preeminent™ rating by his peers.

Education

  • Texas Tech University School of Law – J.D., 1991
    • Texas Bank Lawyer, contributing author
    • Legal Research Board, member
  • The University of Texas at Austin – B.B.A., 1988 (Finance)

Admissions

  • Texas
  • United States District Court for the Northern District of Texas
  • United States District Court for the Southern District of Texas
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Western District of Texas
  • United States Court of Appeals for the Fifth Circuit

Professional Activities and Memberships

  • Texas Bar Foundation, Fellow
  • American Bar Association
  • Houston Bar Association
  • Galveston County Bar Association

Civic Involvement

  • Bay Area Houston Economic Partnership, Houston, Texas
    • International Maritime Advisory Committee (2010-present)
  • Family Outreach Clear Lake/Bay Area, Advisory Director (2009-2013)
  • Clear Creek I.S.D. Distinguished Achievement Program
    • Independent Study Mentorship, Mentor (2007-2008, 2013-2014)
  • Nasa Area PONY Baseball League, Manager and Coach (2007-2009)
  • Nasa Area Little League, Coach (2002-2006)
  • City of Nassau Bay, Councilman (2000-2003)
  • Nassau Bay Economic Development Corporation
    • Director (1999-2000)
    • Secretary (1999-2000)

Representative Cases

Obtained a permanent injunction relating to the misappropriation of trade secrets by a former employee who took and used client’s trade secrets to unfairly compete.

Successfully prosecuted cases involving the illegal interception and theft of satellite communication signals throughout the country; obtained jury verdicts, bench trial verdicts, and settlements in cases under applicable state and federal telecommunications laws as well as federal copyright laws.

Obtained summary judgment in South Texas in favor of national life insurance company alleged to have violated the DTPA and Texas Insurance Code for denial of life insurance claim.

Obtained summary judgment for real estate developer barring application of a newly enacted city ordinance that would have halted development of a multi-million dollar residential community.  Successfully argued that Chapter 245 of the Texas Local Government Code prohibited the retroactive enforcement of the city ordinance.

Obtained summary judgment for national bank alleged to have engaged in bank fraud, mail and wire fraud, money laundering, commercial bribery, and RICO conspiracy.

Obtained and maintained on appeal to the Texas Supreme Court a summary judgment for national provider of delivery services alleged to have engaged in fraud, negligence, and breach of contract; successfully argued that the discovery rule does not apply to toll the breach of contract claims on grounds that the breach was not inherently undiscoverable

Obtained transfer of venue in patent infringement action against a pacemaker manufacturer relating to the alleged infringement of seven patents involving complex electric/medical technology.

Successfully defended commercial property owner from personal injury and property claims arising out of commercial property fire.

Successfully represented joint venture member in a breach of contract and fraud dispute with other joint venture members.