Biography

Admitted to the State Bar of Texas, 1995
United States District Courts for the Northern and Eastern Districts of Texas
United States Courts of Appeals for the Fifth and Tenth Circuits

Mr. McCabe's practice focuses primarily in the areas of labor and employment law, including litigation, and civil trial work, including construction litigation, commercial disputes and personal injury matters.

In the area of labor and employment law, Mr. McCabe has extensive experience defending employers in cases alleging unlawful employment discrimination, such as sexual harassment and age or race discrimination, as well as in wage-and-hour and unpaid overtime claims. Mr. McCabe represents clients in matters before state and federal regulatory agencies, including the Texas Workforce Commission, the Equal Employment Opportunity Commission and the Department of Labor. Mr. McCabe is frequently called upon to advise clients regarding the drafting or enforceability of employment covenants, including noncompetition, nonsolicitation, and confidentiality agreements, as well as the interplay between state and federal employment statutes and an employer's policies and procedures.

In the area of commercial litigation, Mr. McCabe represents companies in state and federal court in cases involving a wide range of harm to his clients, including breach of contract, fraud, fraudulent transfer and the misappropriation of trade secrets.

Regarding construction law, Mr. McCabe represents construction contractors and home builders, whether advising them on matters of law unique to their businesses or in litigation in court or arbitration.

Areas of Practice

• Commercial Law

• Commercial Litigation

• Construction Law

• Employment Law

• Labor Law

• Personal Injury Defense

Education

• Boston College (B.A., cum laude, 1991)

• Texas Tech University (J.D., cum laude, 1995)

• Texas Tech Law Review (1993-95), Student Writing Editor (1994-95), Comment Published, Vol. 25, No. 4, p. 1081 (1994)

Recent Accomplishments

• Prevailed in arbitration on claims of misappropriation of business opportunities and violations of noncompetition and confidentiality covenants, with client awarded approximately $250,000 including attorney’s fees and exemplary damages.

• Prevailed in jury trial in Williamson County district court on claims of construction defects, fraud and violations of the Water Code, with total defense verdict for client – no liability and no award of damages.