Francisco J. Ortega
Attorney / Shareholder / Director

Francisco J. Ortega

Attorney / Shareholder / Director

Contact Info

   915.546.8245
  915.546.8333
  E-Mail Francisco Ortega
  vCard
   LinkedIn

Areas of Concentration

Business/Commercial Litigation Appeals & Appellate Law
Labor & Employment
Employment Practices Liability

Education

University of Wisconsin – Madison
Juris Doctor

University of Texas at El Paso
Bachelor of Arts

Judicial Clerkships

Law Clerk 2008-09
Hon. Philip R. Martinez
U.S. District Court
Western District of Texas

Law Clerk 2007-08
Hon. David M. Medina
Supreme Court of Texas

Admissions & Qualifications

State Bar of Texas

United States District Court
Western District of Texas

United States Court of Appeals
Fifth Circuit

United States Supreme Court

Languages

English
Spanish



SuperLawyers_FranciscoJOrtega_2018

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Francisco Ortega, a shareholder and member of the Firm’s board of directors, is an attorney whose experience encompasses complex commercial litigation, appeals, and labor and employment law.

In the area of business litigation, Mr. Ortega has been recognized as a 2017 and 2018 “Texas Rising Star” by Texas Super Lawyers, a designation given to no more than 2.5 percent of Texas attorneys under the age of 40. In this area of the law, Mr. Ortega’s experience includes handling claims for breach of contract, breach of fiduciary duties, deceptive trade practices, fraud, usury, trade secrets, shareholder derivative claims, breach of partnership obligations, copyright infringement, trademark infringement, non-compete covenants, construction RICO claims, tortious interference, and wrongful termination.

Prior to joining the firm, Mr. Ortega served as a law clerk to the Honorable David M. Medina of the Supreme Court of Texas and as a law clerk to the Honorable Philip R. Martinez of the United States District Court for the Western District of Texas.

While attending law school, Mr. Ortega served as Lead Articles Editor for the Wisconsin Law Review, Note & Comment Editor for the Wisconsin International Law Journal, staff member for the Wisconsin Journal of Law, Gender & Society, and member and team coach of the Wisconsin Moot Court Board.

Additionally, Mr. Ortega won First Place Brief and Second Place overall in the Hispanic National Bar Association (HNBA) National Moot Court Competition and was a Midwest Regional Semifinalist in the Philip C. Jessup International Law Moot Court Competition.

Mr. Ortega is a member of the State Bar of Texas, the El Paso Bar Association, and the El Paso Young Lawyers Association. He currently serves on the Admissions Committee for the U.S. District Court for the Western District of Texas and is a past board member of the El Paso Federal Bar Association.

A graduate of the Greater El Paso Chamber of Commerce Leadership El Paso Class XXXIV, Mr. Ortega is active in the Borderplex community. He was appointed by Mayor Oscar Leeser to serve as a commissioner of the Housing Authority for the City of El Paso where he was elected chairman. He also serves on the board of directors of the KCOS Community Advisory Board and the El Paso Marathon Foundation. He previously served on the board of directors of El Paso Museum of Art, AVANCE-El Paso, and the Ethics Review Commission for the City of El Paso as vice-chairman.


Litigation

Rodriguez v. Office of the Attorney General of Texas (El Paso 2012). Jury trial victory against the Texas Attorney General in case involving the Texas Whistleblower Act and obtained a verdict for $1,314,867, which was the third largest employment jury verdict in Texas in 2013.

Mendoza v. Old Republic Insurance Company (El Paso 2010). First-chair jury trial victory in case involving the Texas Workers’ Compensation Act.

Galvan v. Hunter Warfield (El Paso 2012). First-chair jury trial victory in case involving the Fair Debt Collection Practices Act.

Broadcast Music, Inc., et al. v. Armstrong, 13-CV-32-KC, 2014 U.S. Dist. LEXIS 74204 (W.D. Tex. May 30, 2014). Obtained summary judgment and award of $123,361.50 in statutory damages and attorney’s fees against defendant for infringement under the Copyright Act.

Dominguez v. Receivables Performance Management, No. 13-CV-117-PRM, 2014 U.S. Dist. LEXIS 69194 (W.D. Tex. Apr. 29, 2014). Obtained summary judgment and favorable dismissal of entire case under the Fair Debt Collection Practices Act, Texas Debt Collection Act, and Telephone Consumer Protection Act.

Conner v. G4S Secure Solutions (USA), Inc. et al., No. SA:15-CV-416-DAE, 2015 U.S. Dist. LEXIS 106339 (W.D. Tex. Aug. 13, 2015). Obtained favorable dismissal of claims of negligence, gross negligence, and false arrest/false imprisonment arising from alleged false report to law enforcement.

Appellate

G4S Secure Solutions (USA), Inc. v. Roswitha M. Saenz, No. 15-50665, 2016 U.S. App. LEXIS 16689 (5th Cir. Sept. 12, 2016) (per curiam). Won appeal and secured reversal of district court order after presenting oral argument in U.S. Court of Appeals for the Fifth Circuit in a matter involving invocation of qualified immunity.

In re Midland Funding, LLC, No. 08-16-00078-CV, 2017 Tex. App. LEXIS 1398 (Tex. App.—El Paso, Feb. 17, 2017) (orig. proceeding). Won appeal before the Texas Eighth District Court of Appeals in a case involving mandamus review.

In the Matter of the Estate of Sherman A. Hemsley, 460 S.W.3d 629 (Tex. App.—El Paso Nov. 12, 2014, pet. denied). Won appeal for the Estate of Sherman Hemsley, the actor of the television show, “The Jeffersons,” at the Texas Eighth Court of Appeals in a matter involving issues of testamentary capacity and disposition of bodily remains.

Target Logistics, Inc. v. Office of the Attorney General of Texas, 465 S.W.3d 768 (Tex. App.—El Paso 2015, no pet.). Won appeal at the Texas Eighth Court of Appeals against the Texas Attorney General in a matter involving violations of constitutional due process rights.

Rodriguez v. Office of Attorney General of Texas, 420 S.W.3d 99 (Tex. App.—El Paso 2012, no pet.). Won appeal at the Texas Eighth Court of Appeals against the Texas Attorney General involving the Texas Whistleblower Act.

In the Matter of the Estate of Noemi Ruth Sidransky, 420 S.W.3d 90 (Tex. App.—El Paso 2012, pet. denied). Won appeal at the Texas Eighth Court of Appeals in a case involving undue influence claim in a contested will.

Alvarez et al. v. Emery et al., No. 08-11-00140-CV, 2011 Tex App. LEXIS 8506 (Tex. App.—El Paso, orig. proceeding). Successfully defeated emergency motion to stay proceedings and set supersedeas bond at the Texas Eighth Court of Appeals in dispute under the Texas Uniform Condominium Act.

Labor & Employment

Ace Cleaning Services, Inc. and Genesis Total Management, Inc. v. Industrial, Technical & Professional Employees Union (OPEUI) Local #4873, AFL-CIO. Launched successful union avoidance campaign and successfully represented Fort Bliss janitorial company in union election before the National Labor Relations Board, defeating the union.

Maintenance Unlimited, Inc. v. International Union of Operating Engineers (IUOE), Local #351, AFL-CIO. Launched successful union avoidance campaign and successfully represented janitorial company in union election before the National Labor Relations Board, defeating the union.

Presentations

2016, November 18. DOL’s Overtime Exemption Rule: Strategic Tips to Prepare Your Business. Lecture presented at the Small Business Development Center in El Paso, Texas.

2016, August 23. Ins & Outs of Corporate Structures/Business & Contract Law.  Lecture presented at the 11th Annual Veterans Business Conference in El Paso, Texas.

2016, March 3. LGBT in the Workplace. Lecture presented at the ScottHulse Labor & Employment Law Seminar in El Paso, Texas.

2015, September. Unique Issues Involving Appeals of Probate Court Orders. Lecture presented to the El Paso Probate Bar Association in El Paso, Texas.

2015, March 4. Post-Game Highlights: State and Federal Employment Case Law Updates. Lecture presented at the ScottHulse Labor & Employment Law Seminar in El Paso, Texas.

2014, April 23. A Guide to Your Legal Rights Under Construction Contracts. Lecture presented at Associated General Contractors Seminar by ScottHulse and Associated General Contractors in El Paso, Texas.

2014, March 4. Avoiding the Blacklist: Preparing for Governmental Audits Before Hiring. Lecture presented at the ScottHulse Labor & Employment Law Seminar in El Paso, Texas.

2014, March 4. Army Wives’ Tales. Lecture presented at the ScottHulse Labor & Employment Law Seminar in El Paso, Texas.

2013, April 2. Union Issues for Non-Unionized Employers. Lecture presented at the ScottHulse Labor & Employment Law Seminar in El Paso, Texas.

2012, March 30. Avoiding Pitfalls in Hiring and On-Boarding. Lecture presented at the ScottHulse Labor & Employment Law Seminar in El Paso, Texas.

2012, March 30. State/Federal Employment Law Update. Lecture presented at the ScottHulse Labor & Employment Law Seminar in El Paso, Texas.

2012. Social Media and Workplace Technology. Lecture presented at the Fall Employment Law Update of El Paso Society of Human Resource Management in El Paso, Texas.

2011. Union Avoidance: A Canvas of Conflict. Lecture presented at the ScottHulse Labor & Employment Law Seminar in El Paso, Texas.

2011. Healthcare Law: A Collage of Issues in Healthcare Reform. Lecture presented at the ScottHulse Labor & Employment Law Seminar in El Paso, Texas.

2011. State/Federal Employment Law Update. Lecture presented at the Fall Employment Law Update of El Paso Society of Human Resource Management in El Paso, Texas.

Publications

(2007). De Facto Life Imprisonment in Mexico and the U.S.-Mexico Extradition Treaty of 1978. Wisconsin International Law Journal, 24(4), 1017.

(2007). Taking a Closer Step Toward Equality: Domestic Partner Benefits for Same-Sex Couples and the University of Wisconsin System. Whittier Journal of Child & Family Advocacy, 6(2), 463.

(2003). Eyewitness Reliability: Causation & Preclusion of Erroneous Convictions. Journal of Law & Border Studies, 3, 33.

Organizations

Admissions Committee for the U.S. District Court for the Western District of Texas

Associated General Contractors

AVANCE-El Paso (former Vice-Chairman)

Border Industrial Association

El Paso Bar Association

El Paso Federal Bar Association (former Board member)

El Paso Marathon Foundation

El Paso Museum of Art (former Board member)

El Paso Young Lawyers Association

Ethics Review Commission for the City of El Paso (former Vice-Chairman)

George McAlmon Inn of Court

Housing Authority for the City of El Paso (Chairman)

KCOS Community Advisory Board

Desarrollo Economica de Ciudad Juarez A. C.