Practice Area: Trials and Appeals.

Admitted:

Supreme Court of Texas.
All Texas Courts of Appeals.
All Texas state district and county courts.

United States District Courts --
     Northern District of Texas.
     Southern District of Texas.
     Eastern District of Texas.
     Western District of Texas.

United States Courts of Appeals for the Fifth and Ninth Circuits.

Supreme Court of the United States.

Law School:

University of Houston, J.D., 1982.

Undergraduate:

California Institute of Technology.
Schiller International University, Strasbourg, France.
University of Texas at Dallas, B.G.S., 1980.

Member:

State Bar of Texas
Dallas Bar Association
San Antonio Bar Association 
Texas Association of Defense Counsel
Defense Research Institute

Other:

Articles Editor, Houston Law Review

Law Clerk to the Hon. Mary Lou Robinson, United States District Judge, 
Northern District of Texas, 1983-1985.

Experience

Represents professionals, individuals and businesses in trials and appeals in state and federal courts in Texas.

Examples

Representation of Businesses.

Product Liability. Representation of truck service body manufacturer in indemnity claim under Chapter 82 of the Texas Civil Practice and Remedies Code. General Motors Corp. and Rawson-Koenig, Inc. v. Hudiburg Chevrolet, Inc., 199 S.W.3d 249 (Tex. 2006).

Software. Representation of software company in dispute over implementation of Oracle 11i.

Software. Representation of software company in dispute over custom-coded enterprise software.

Commercial Litigation. Representation of loan servicing company in dispute over performance of portfolios of subprime automobile loans.

Commercial Litigation. Counsel for franchisees of 200+ Burger King® restaurants in Connecticut, New Jersey, Maryland, Virginia, Texas, New Mexico, Arizona, California, Hawaii and the District of Columbia in multiple arbitrations and adversary proceeding in Delaware bankruptcy court against AmeriServe Food Distribution, Inc., formerly the nation’s largest food service distribution company.

Representation of lawyers and accountants.

DTPA. Representation of accounting firm in appeal of adverse verdict under the Texas Deceptive Trade Practices Act. Peisner Johnson & Co. v. Eagle Construction & Environmental Services, L.P., 2006 Tex. App. Lexis 4092 (Tex. App.--Eastland 2006), opinion and judgment withdrawn pursuant to settlement agreement, 2006 Tex. App. Lexis 4939 (Tex. App.--Eastland 2006).

Fraud. Representation of accountant and corporate officer in appeal of adverse verdict. Kelley v. Anderson, 171 S.W.3d 680 (Tex. App.--Dallas 2005), rehearing granted pursuant to settlement agreement, 2006 Tex App. Lexis 3855 (Tex. App.--Dallas 2006).

Professional liability. Representation of attorneys in grievance proceedings brought by the Office of Disciplinary Counsel of the State Bar of Texas.

RICO. Representation of national accounting firm in federal RICO action. Bonner v. Henderson, 147 F.3d 457 (5th Cir. 1998).

Securities Litigation (Class Actions). Representation of regional accounting firm in federal securities fraud class actions brought by common stockholders in Texas and noteholders in Mississippi, and in proceeding brought by the Trustee of a Litigation trust created under a Chapter 11 Plan of Reorganization.

Securities Litigation (Class Actions). Representation of national accounting firm in federal and state securities fraud class actions brought by common stockholders in Texas.

Securities Litigation (Mass Actions). Representation of international franchisor in state securities fraud and deceptive trade practices "mass action" litigation arising from franchisees’ fund-raising activities.

Qui Tam. Representation of regional accounting firm in Federal False Claims Act litigation over Medicare reimbursements.

Professional liability. Representation of law firm in appeal of jury verdict. (Retained after the verdict had been returned.)

Insurance disputes.

Investigation, preparation and trial of insurance coverage disputes among policyholders, insurers and reinsurers for both insurers and policyholders. Preparation of coverage opinions; representation at alternative dispute resolution proceedings such as arbitrations, mediations and summary jury trials; and litigation in state and federal courts throughout Texas.

Advising clients regarding claims for bad faith, for breach of the duty of good faith and fair dealing, for breach of the Unfair Claim Settlement Practices Act and the Texas Prompt Payment of Claims Act (Chapter 542 of the new Texas Insurance Code, formerly parts of Articles 21.21 and 21.55 of the old Texas Insurance Code), for alleged violations of the Texas Deceptive Trade Practices Act (DTPA), and Stowers claims over the duty to settle.

Advising clients regarding disputes under a broad variety of insurance coverages, including:  

Lawyers' Professional Liability

Directors' and Officers' Liability

Comprehensive General Liability

Commercial General Liability

Life Underwriters' Errors & Omissions

Real Estate Agents' Errors & Omissions

Insurance Agents' Errors & Omissions

Workers' Compensation

Excess and Umbrella Policies

Equipment Breakdown Policies

Non-Profit Organization Policies

Homeowners Policies

Equine Mortality Policies

Life Insurance Policies

Annuity Policies

Health Insurance Policies

ERISA Disputes

Fidelity Insurance

Coverage and bad faith. Representation of insurance companies and policyholders in insurance coverage and bad faith actions.

ERISA Litigation. Statewide counsel for national life insurance company in securities and ERISA litigation, including class action-related claims.

School district policy. Representation of insurance company in appeal of jury verdict.  (Retained after the verdict had been returned.) Canutillo Independent School Dist. v. National Union Fire Ins. Co., 99 F.3d 695 (5th Cir. 1996).

LPL policies. Representation of insurance company in dispute over coverage under a lawyers' professional liability policy. Home Ins. Co. v. Walsh, 854 F. Supp. 458 (S.D. Tex. 1994).

D&O policies. Representation of insurance company in dispute over coverage for former directors and officers of a national bank under a D&O policy. Bartley v. National Union Fire Ins. Co., 824 F. Supp. 624 (N.D. Tex. 1992).

Workers Compensation. Representation of insurer in appeal of adverse verdict in which a jury found that the worker was totally and permanently incapacitated as a result of lung disease incurred in the course of his employment. Home Ins. Co. v. Blancas, 713 S.W.2d 192 (Tex. App.--Corpus Christi 1986, no writ).

Miscellaneous

Habeas Corpus. Representation of Mexican national in state and federal habeas corpus proceedings challenging capital murder conviction and death sentence. Irineo Tristan Montoya v. Scott, 65 F.3d 405 (5th Cir. 1995), cert. denied, 517 U.S. 1133 (1995).

Election Law. Representation of incumbent judicial candidate in mandamus action against the presiding officer of the State Democratic Executive Committee over canvassing of a recount. Martinez v. Slagle, 717 S.W.2d 709 (Tex. App.--San Antonio 1986) (mandamus). 

What Can We Learn About Advertising Injury Coverage From a "Psycho Chihuahua"?, in The Business Suit (Commercial Litigation Committee of the Defense Research Institute 2005).

Procedural Issues in Bad Faith Cases, Insurance Bad Faith Claims in Texas (Lorman Education Services 2005) (paper and presentation).

Ethical Issues for Lawyers and Providers of Litigation Support Services, Sarbanes-Oxley Act Seminar (Lorman Education Services 2004, 2005, 2007) (paper and presentation).

Federal Court Cases Regarding Texas Insurance Law, Texas Tort Reform and Insurance Update (Lorman Education Services 2004) (paper and presentation).

Texas Tort Reform 2003, South Texas Chapter of the Risk and Insurance Management Society (September 2004) (paper and presentation). 

After the Sarbanes-Oxley Act: Directors and Officers Insurance Needs, For the Defense, March 2003, at 43.

A Mediation Trio -- Summary of Significant Alternative Dispute Resolution Cases from 2002, Texas Lawyer, December 23, 2002.

Insurance for E-Risks: Exposures and Coverage, Texas Insurance Law (Lorman Education Services 2002) (paper and presentation).

Legal Research in Texas: Current Internet Information, Texas Advanced Litigation Skills for Paralegals (Halfmoon Seminars 2002) (presentation).

Recent Developments in Texas Insurance Law, Dallas Association of Insurance Professionals (2002) (paper and presentation).

Technology for the Implementation of the HIPAA Privacy and Security Standards: Now and in the Future, Medical Practice Management in the Computer Age in Texas (Lorman Education Services 2001) (paper and presentation).

E-Commerce Privacy Claims, B2B and B2C E-Commerce Legal Issues (Lorman Education Services 2001) (paper and presentation).

Recent Developments in Subrogation Rights of Insurers, Texas Insurance Law (Lorman Education Services 2000) (paper).

Y2K Insurance Coverage Issues 1999, Texas Insurance Law Basics & Update (Lorman Education Services 1999) (paper and presentation).

Y2K Insurance Coverage Issues 1998, Texas Insurance Law Basics & Update (Lorman Education Services 1998) (paper and presentation).

Texas Supreme Court Eliminates Common Law Third-Party "Bad Faith," Vial, Hamilton, Koch & Knox, L.L.P. Insurance Coverage Litigation Newsletter (Winter 1997).

Coverage Issues Raised by the 1995 Amendments to the Texas Deceptive Trade Practices Act, Vial, Hamilton, Koch & Knox, L.L.P. Insurance Coverage Litigation Newsletter (Spring 1996).

Suggested Elements of a Reservation of Rights Letter, Vial, Hamilton, Koch, & Knox, L.L.P. Insurance Coverage Litigation Newsletter (Fall 1995).

Recurring Coverage Issues Under Lawyers’ Professional Liability Policies, in Recent Developments in Insurance Law (Lorman Education Services 1995) (paper and presentation).

House Bill 1461: The 1993 Texas Insurance Reform Act, in Tackling the Texas Tort and Insurance Transformation (Vial, Hamilton, Koch, & Knox, L.L.P., 1993) (presentation).

The Status of Liability Insurance Policies in Chapter 11 Bankruptcies, Vial, Hamilton, Koch & Knox, L.L.P. Insurance Coverage Litigation Newsletter (three-part series appearing Summer 1992, Fall 1992 and Spring 1993).

An Overview of the 1991 Texas Insurance Reform Act, in Practical Primer on the 1991 Texas Insurance Reform Act (Vial, Hamilton, Koch & Knox, 1991).

Comment, Discovery of Tenure Proceedings -- Through the Privilege Barrier, 20 Hous. L. Rev. 1447 (1983) (discussing discovery of tenure votes and peer evaluation material in Title VII discrimination cases).