Grant v. Pivot Technology Solutions, Ltd.


Baker Botts, L.L.P., a leading international law firm, announced that its client GTS Technology Solutions, Inc. (GTS) prevailed in its appeal before the Third Court of Appeals (Austin).

In a unanimous decision in Grant v. Pivot Technology Solutions, Ltd., 03-17-00289-CV, 2018 WL 3677634 (Tex. App.—Austin Aug. 3, 2018, no pet. h.), the court of appeals reversed a Travis County district court’s denial of GTS’s motion to dismiss Pivot’s claims under the Texas Citizens Participation Act (TCPA). The appeals court concluded (1) that the TCPA applied to all of Pivot’s claims, and (2) that Pivot had failed to present a prima facie case for its claims.

The court also held that GTS timely filed its TCPA motion to dismiss and that Pivot had waived its argument that the Texas Covenant Not to Compete Act applies by failing to raise it in the trial court.

The court also rejected Pivot’s argument that the TCPA’s commercial speech exemption applied to all of its claims, holding instead that the exemption applies only to a narrow set of Pivot’s claims that involve specific alleged communications with Pivot’s purported customers. Thus, the court of appeals ordered the dismissal of the vast majority of Pivot’s case against GTS.

The court of appeals remanded the matter to the Travis County district court for a determination of how much Pivot must pay GTS in attorney’s fees and sanctions, as the TCPA mandates.

The Baker Botts team included Gavin Villareal (Picture) (argued), David Weaver, Tom Phillips, Jennifer Nall, Sherwin Faridifar, Ellen Springer, and former associate Jesse Adland, all from Austin.

Involved fees earner: Gavin Villareal – Baker Botts; Thomas Phillips – Baker Botts; Sherwin Faridifar – Baker Botts; Ellen Springer – Baker Botts; David Weaver – Baker Botts; Jennifer Librach Nall – Baker Botts;

Law Firms: Baker Botts;

Clients: GTS Technologies Inc. ;

Author: Ambrogio Visconti