Alicia M. Matsushima, P.c.

Area Practice

• Insurance
• Commercial Law

Additional Info

Alicia M. Matsushima, P.C. is 100% woman-minority owned boutique law firm specializing in insurance defense and commercial litigation, offering personalized attention to clients at reasonable rates.

Since 1997, Ms. Matsushima has represented clients ranging from large corporations and insurance companies to small, home-based “mom and pop” businesses and individuals. Ms. Matsushima has handled a vast array of commercial/business litigation matters, including:

• Insurance Coverage and Conduct: Representation of life, health disability and title insurers in coverage issues, breach of contract, deceptive trade practices, bad faith, declaratory judgment actions, interpleader actions and Texas Insurance Code claims.

• ERISA Litigation: Representation of plan administrators and underwriters in lawsuits for recovery of benefits under employee benefit plans and for equitable relief. Litigated areas include standard of review, summary plan description and policy interpretation, breach of fiduciary duty and constructive trust/equitable reimbursement claims.

• Contract Matters and Disputes-Draft of agreements, negotiation, advice and litigation of breach of contract actions concerning various business and commercial contracts, including real estate agreements, lease agreements, asset purchase agreements, technology license agreements, security agreements, deeds of trust, terms and conditions of sale of goods and services, indemnification agreements, non-disclosure agreements, employment agreements and non-competition agreements.

• Collections and Creditors' Rights-Prosecution of secured and unsecured claims, including unpaid debts arising under loan agreements, promissory notes, sale agreements, services agreements and lease agreements; enforcement of liens, including deed of trust and mechanic's, contractor's and materialman's liens; collateral recovery, including foreclosures; and post-judgment enforcement.

• Business Torts and Deceptive Trade Practices-Litigation and advice regarding claims under the Deceptive Trade Practices Act (“DTPA”); fraud and misrepresentation; breach of fiduciary duty; breach of warranty; tortious interference with contract and prospective relations; defamation, slander and business disparagement; embezzlement/defalcation and conversion.

• Principal-Agent and Vicarious Liability-Litigation and advice regarding actual and apparent authority, respondeat superior and non-delegable duty, alter ego and piercing the corporate veil.

• Bankruptcy Matters-Advice, prosecution and negotiation of creditors' claims and rights in Chapter 7, 11 and 13 bankruptcy cases; 341 meeting of creditors; cash collateral issues; proofs of claim; motions to lift the bankruptcy stay; property exemption issues; and adversary proceedings, including fraudulent transfer and preference litigation.

• Real Estate Matters-Draft of agreements, negotiation, advice and litigation concerning purchase agreements, deeds, lease agreements, title to property, title insurance policy claims, encumbrances and encroachments, landlord/tenant rights, foreclosures, evictions, and lien issues.

• Uniform Commercial Code (UCC) Matters-Negotiation, advice and litigation concerning rights and remedies of buyers and sellers of goods under Article 2 of the UCC, including seller's action for cost of goods sold, reclamation, and express and implied warranties.

• Labor and Employment Matters-Draft of agreements, negotiation, advice and litigation concerning employment agreements, employee handbooks and employer policies and procedures, separation agreements, non-competition and non-disclosure agreements; litigation of employer/employee disputes, including claims for unpaid compensation and overtime pay.

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