SHAREHOLDERS
Paul R. Bessette (Shareholder; Co-Chair, National Securities Litigation Group) born New Bedford, Massachusetts, 1959; admitted to bar, 1988, Texas; 1989, California; New York; U.S. Court of Appeals, Fifth Circuit; U.S. Court of Appeals, Ninth Circuit; U.S. Court of Appeals, Third Circuit; U.S. District Court for the Central District of California; U.S. District Court for the Eastern District of California; U.S. District Court for the Eastern District of Texas; U.S. District Court for the Northern District of California; U.S. District Court for the Northern District of Texas; U.S. District Court for the Southern District of California; U.S. District Court for the Southern District of Texas; U.S. District Court for the Western District of Texas; Supreme Court of the United States. Education: The University of Texas at Austin (B.B.A., 1984); Baylor University School of Law (J.D., 1988).
Paul R. Bessette serves as co-chair of the securities litigation practice group. Paul has a national securities litigation practice with clients ranging from established Fortune 100 companies to the newly-public. He has been lead counsel in scores of cases nationwide defending companies, officers and directors, underwriters and accountants in shareholder class action lawsuits, derivative litigation and SEC proceedings. He has broad experience in accounting fraud, restatements and class certification issues, and is a frequent speaker and author on shareholder litigation, corporate disclosure and corporate governance.
Paul also has defended a wide variety of investigations and proceedings with the SEC and similar securities regulatory agencies, including Sarbanes-Oxley compliance, accounting irregularities, Regulation FD inquiries, books and records proceedings, insider trading allegations and financial fraud enforcement actions.
Noteworthy Clients
· First Energy
· Adams Golf
· E*Trade
· Lukoil
· Clear Channel
Significant Representations
· Bell v. Ascendant Solutions, Inc. {newline}- Defeated class certification in a securities-fraud class action involving alleged fraud in connection with an IPO. In a widely followed opinion, the Fifth Circuit upheld the denial of class certification based on our argument that the Company's stock did not trade in an efficient market during the class period. 422 F.3d 307 (5th Cir. 2005).
· In re Crossroads Systems, Inc. Sec. Litig. {newline}- Won summary judgment in a securities-fraud class action where the plaintiffs alleged that the Company improperly accounted for inventory reserves and sought over $800 million in damages. The Fifth Circuit affirmed in Greenberg v. Crossroads Sys., Inc., 364 F.3d 657 (5th Cir. 2004). This opinion is one of the key Fifth Circuit cases on what plaintiffs must show to demonstrate entitlement to the fraud-on-the-market presumption of reliance, a key element of a § 10(b) securities-fraud claim.
· Chaparral Resources, Inc. S'holder Litig. (represented Lukoil Overseas Holdings, Ltd.) {newline}- Represented Lukoil Overseas Holding Ltd. in a shareholder class action in Delaware Chancery Court challenging the fairness of the Company's acquisition of Chaparral Resources, Inc., a Delaware corporation. Tried the case and obtained a settlement below plaintiffs' lowest pre-trial settlement demand.
· FirstEnergy Corp. Sec. Litig. {newline}- Represented this Fortune 100 company in multiple securities fraud class actions where plaintiffs claimed damages in the billions. Plaintiffs alleged, among other things, that defendants nearly caused a nuclear disaster and failed to disclose this fact. Reached a favorable settlement well within D&O policy limits.
Professional & Community Involvement
· Member, State Bars of Texas, California and New York
· Member, American Bar Association {newline}- Litigation Section {newline}- Vice-chair, Securities Litigation Subcommittee
· Participant and Lecturer, Practicing Law Institute (PLI)
· Co-editor, Securities Litigation Reform Act Reporter
· Member, Board of Directors of Ballet Austin
Awards & Recognition
· Listed, "One of Lawdragon 500 Leading Litigators in America," 2006
· Listed, "One of Lawdragon 3000 Leading Litigators in America," Lawdragon.com, 2006
· Listed, "One of Lawdragons 100 Lawyers You Need to Know in Securities Litigation," 2008
· Selected by various Super Lawyers magazines, 2006, 2007 and 2008
Clerkship
· Extern Law Clerk, Honorable Walter S. Smith Jr., U.S. District Court for the Western District of Texas, 1987-1988
Articles, Publications, & Lectures
Articles
· "Considering Going Dark?" Financial Executive, November 2006
· "The Current Landscape of Securities Litigation," Association of Corporate Counsel Conference, October 2004
· "External Consequences: Internal Investigation After Sarbanes-Oxley," NACD-Directors Monthly, March 2004
· "Defending Securities Class Actions Involving Accounting Restatements," Securities & Commoditites Regulation, January 2004
· "Strategies for Minimizing Risk in Securities Litigation Storm," National Underwriter, November 2003
· "The Current Landscape of Securities Litigation," Association of Corporate Counsel conference, October 2003
· "Accounting Fraud: What it Looks Like and How to Avoid It," The Securities Reporter - Newsletter of the ABA Section of Business Law Committee on Federal Regulation of Securities, Vol. 8, Issue 2, Summer 2003. Also printed as
· "Accounting Fraud in 2002: Lessons Learned," Securities Reform Act Litigation Reporter, Vol. 15, No. 1, April 2003 (and reprinted in the Practicing Law Institute's Securities Litigation & Enforcement Institute 2003) "The Current Landscape for Securities Litigation," Trying and Defending Securities Class Actions (American Conference Institute's Securities Class Action conference materials), June 2003
· "Financial Restatement and Securities Fraud Liability -- Do They Necessarily Go Hand in Hand?" Securities News, Fall 2001
· "Securities Class Actions in State Courts: A Way Around the Federal Securities Litigation Reform Art," May 1998
· "The New Face of State Court Securities Litigation," American Bar Association National Institute on Securities Litigation and Arbitration, 1998
· "Two Years After the Securities Reform Act - Has the Landscape Changed?" January 1998
· "Defending Securities Class Actions," American Law Institute - American Bar Association, Securities Litigation Program, 1997
Lectures
· Panelist, "Conducting Corporate Investigations That Count," The Metropolitan Corporate Counsel, January 2008
· Panelist, "Challenges Facing Boards of Directors: Key Issues in SEC Disclosure & Enforcement," The Directors Roundtable & the National Leadership Institute, November 2007
· "The Corporate Divorce: Cross-Shareholder Disputes," American Institute of Certified Public Accountants, September 29, 2006
· "Securities Litigation & Enforcement Actions: What You Need to Know," Association of Corporate Counsel Annual Meeting, October 25-27, 2004
· Panelist, "Trying and Defending Securities Class Actions," American Conference Institute, June 2003
· Speaker, "Securities Fraud and Shareholder Litigation in the Energy Industry," The Center For American and International Law, November 2002
· Speaker, "Defending Against a Securities Suit - A Litigator's Perspective," AON Conference to Directors, October 2002
· Panelist, "Navigating Through Changing Times as a Public Company," NIRI Conference, June 2002
· Panelist, Conference on "Securities Update 2002: Anticipating Disclosure Scrutiny," May 2002
· Panelist, "A Look at the Future of the Public Markets," FEI/NIRI Conference, April 2002
· Panelist, "Legal and Business Issues Facing the Early Stage Technology Company," Texas Institute of Continuing Legal Education Conference, April 2002
· "Crisis Communications: Keeping Your Cool When the Boat Rocks," NIRI Austin Chapter, March 2001
Member: State Bar of Texas; State Bar of California; New York State Bar Association; American Bar Association.
(Also at New York, N.Y. and East Palo Alto, California Offices). Practice Areas: National Securities Litigation Group; Litigation.Email: Paul R. Bessette
Michael J. Biles (Shareholder) born Houston, Texas; admitted to bar, 1996, California; 1998, Texas; U.S. Court of Appeals, Fifth Circuit; U.S. Court of Appeals, Ninth Circuit; U.S. Court of Appeals, Third Circuit; U.S. District Court for the Central District of California; U.S. District Court for the Eastern District of Texas; U.S. District Court for the Northern District of Texas; U.S. District Court for the Southern District of Texas; U.S. District Court for the Western District of Texas. Education: The University of Texas at Austin (B.A., Economics, 1993); The University of Texas School of Law (J.D., with honors, 1996).
Michael J. Biles concentrates on securities litigation in federal and state courts, representing public companies, officers, directors and securities underwriters in securities class actions and derivative lawsuits. Michael also represents companies and company insiders in investigations and enforcement actions by the SEC and other securities regulatory agencies. He has experience representing and advising companies and special committees concerning their fiduciary obligations in mergers and acquisitions or other significant corporate transactions.
Areas of Concentration
· Securities litigation
· Class action
Significant Representations
· Lead defense counsel for an oil and gas exploration company and its directors in a securities class action and related derivative matters filed in Oklahoma federal and state court.
· Lead defense counsel for the former CEO and CFO of an offshore oil and gas construction and repair company in a securities class action and other related matters arising out of its 2007 Initial Public Offering and subsequent bankruptcy.
· Co-lead trial counsel for one of the world's largest oil companies in a class action filed in Delaware Chancery Court by the minority shareholders of a subsidiary that was taken private.
· Lead defense counsel in a securities class action filed in the Eastern District of Louisiana and related SEC investigation of an international offshore oil services company.
· Represented the president and CEO of a software company in shareholder litigation and related SEC enforcement action filed in the wake of one of the largest financial restatements in U.S. history.
· Lead defense counsel for an oil exploration company in class action litigation filed in Texas State Court by shareholders challenging the sale of the company.
· Lead defense counsel for a large, Houston-based oil exploration and services company in a shareholder class action filed in Oklahoma State Court challenging the fairness of a $50+ billion merger.
· Represented one of the nation's largest insurance companies in a class action filed in Oklahoma federal court by customers challenging the company's insurance and investment products sales practices.
· Represented one of the nation's largest private equity investors in class action litigation filed in Kentucky by shareholders challenging the acquisition of a hotel company.
· Defending a large insurance company in a multi-billion dollar class action filed by investors who purchased variable annuities in their qualified retirement plans.
· Represented an international direct-seller of personal care products in a securities class action filed in the Northern District of Texas.
· Represented the former CFO and COO of an Austin-based software company in a securities class action filed in the Western District of Texas.
· Defended a financial services company and its board in a class action filed in the Northern District of Texas by shareholders challenging a management lead buyout.
· Lead defense counsel in a securities class action filed against a Dallas-based financial services software company and its executives in the Northern district of Texas.
· Represented a Dallas-based Internet services company and its officers and directors in a securities class action arising out of the company's initial public offering.
· Defended a storage-router company and its key executives in a securities class action filed in federal court in Austin.
· Co-lead defense counsel in a securities class action filed in the Southern District of Texas against an ATM manufacturer and its directors and executives.
Some of the matters listed were handled prior to the attorney joining Greenberg Traurig.
Professional & Community Involvement
· Member, American Bar Association
- Litigation Section
- Accounting Issues Subcommittee
- Class Actions and Derivative Suits Subcommittee
- Public Offering Litigation Subcommittee
· Member, State Bar of Texas
- Antitrust and Business Litigation Section
- Fifth Federal Circuit
Articles, Publications, & Lectures
Articles
· Co-author, "Shareholder M&A Lawsuits are Common, Expensive and Usually Fruitless," Executive Counsel, July/August 2007
· Co-author, "The Cost of the Deal," The Deal, June 4, 2007
· Co-author, "Avoiding Potholes When Guiding the Street," Compliance Week, January 25, 2005
· Co-author, "Strategies for Defending Claims Under Section 11 of the Securities Act of 1933," The Practical Litigator, Vol. 15, Number 2, March 2004
· Co-author, "The Current Landscape for Securities Litigation," Trying and Defending Securities Class Actions (American Conference Institute's Securities Class Action conference materials), June 24 & 25, 2003
· Co-author, "Accounting Fraud: What It Looks Like and How to Avoid It," The Securities Reporter - Newsletter of the ABA Section of Business Law Committee on Federal Regulation of Securities, Vol. 8, Issue 2, Summer 2003 (Also printed as "Accounting Fraud 2002: Lessons Learned," Securities Reform Act Litigation Reporter, Vol. 15, No. 1, April 2003 (and reprinted in the Practicing Law Institute's Securities Litigation & Enforcement Institute 2003))
· Co-author, "Survey of Securities Class Actions and Derivative Suits 2000," American Bar Association, Subcommittee on Class Actions and Derivative Suits, Securities Litigation Committee
· Co-author, "Survey of Securities Class Actions and Derivative Suits 1999," American Bar Association, Subcommittee on Class Actions and Derivative Suits, Securities Litigation Committee
· Co-author, "Review of 1996 Legislation and Developments in Pleadings," California Litigation Review, April 23-28, 1997
Lectures
· "Challenges Facing Boards of Directors: key Issues in SEC Disclosure & Enforcement," The Directors Roundtable & the National Leadership Institute, November 2007
· "Director and Officer Liability Under the Sarbanes-Oxley Act of 2002," Lorman Seminar, February 2006
· "Accounting Fraud - Will the Hype Lead to Liability?" Securities Section of the Dallas Bar Association, July 2002
· "A Look at the Future of the Public Markets," FEI/NIRI Conference, April 2002
Member: American Bar Association; State Bar of Texas.
Practice Areas: Securities Litigation; Litigation.Email: Michael J. Biles
Thomas J. Bond (Co-Chair, Insurance Regulatory & Transactions) born Waco, Texas; admitted to bar, 1982, Texas; 1984, Colorado. Education: Baylor University (B.A., English, 1969); Bowling Green State University (M.F.A., 1973); The University of Texas School of Law (J.D., with honors, 1982).
Tom Bond practices insurance and regulatory law in Texas and on a national basis. His clients include holding companies, life insurance companies, property and liability companies, trade associations, reinsurers, health maintenance organizations, e-commerce insurance ventures, title underwriters and agencies, prepaid legal entities, agents, large insureds, and the insurance departments of other states. He has managed a number of insurance industry strategic initiatives at the Texas Legislature in the areas of workers compensation, health insurance and managed care, credit and speciality lines coverages, broking and regulated transactions, and insurance regulation and taxation.
Tom has been involved in the rehabilitation and liquidation of troubled companies, both hostile and negotiated acquisitions and mergers, numerous regulatory approval projects, investment decisions, and the design and approval of new coverages. He represents clients in connection with regulatory approvals and acquisitions in a number of states. Tom has acted as outside counsel to the National Association of Insurance Commissioners in its efforts to established an interstate compact for life and annuity contract filings and approval.
Areas of Concentration
· Insurance
· Global security
· Policy and regulation
Professional & Community Involvement
· Member, State Bar of Texas
· Member, State Bar of Colorado
· Member, American Bar Association
· Founding Board Member, The Federation of Regulatory Counsel
Awards & Recognition
· Listed, Chambers and Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2008 edition
· Listed, Best Lawyers in America, 2007, 2009
Noteworthy Experience
· Commissioner of Insurance for the State of Texas, 1982-1985
Member: State Bar of Texas; State Bar of Colorado; American Bar Association.
Practice Areas: Governmental Affairs; Insurance Regulatory & Transactions.Email: Thomas J. Bond
Demetrius G. McDaniel (Shareholder) born Houston, Texas; admitted to bar, 1991, Texas. Education: The University of Texas at Austin (B.B.A., Finance); The University of Texas School of Law (J.D.).
Demetrius G. McDaniel counsels and provides advocacy for Fortune 500 and other large private- and public-sector clients on federal, state and local legal and public policy matters. His broad knowledge of federal and state government allows him to collaboratively develop strategies to solve complex problems that have a government origin or nexus. He consults with clients on their strategic objectives and provides advice on important issues that will enhance their business opportunities, increase their compliance with laws and regulations, and assist them in building internal systems to prevent problems from occurring with all levels of government.
Mr. McDaniel previously worked in several capacities as a special assistant to a statewide official and as a legislative assistant to a member of the Texas Legislature, which enabled him to gain significant knowledge about the workings of Texas state government. These positions also provided for his involvement with significant issues in the federal government.
Areas of Concentration
· Public law and policy
· Policy and regulation
Professional & Community Involvement
· Member, State Bar of Texas
· Member, Texas Bar Foundation
Awards & Recognition
· Listed, Best Lawyers in America, 2007-2009
· Best of Business Law, Austin Business Journal, June/July 2004
· Texas Power Lobby Rankings, selected as one of the top lawyers/lobbyists in Texas every year since 2003
· Selected by Super Lawyers magazine and Texas Super Lawyers magazine, 2003
Member: State Bar of Texas; Texas Bar Foundation.
Practice Areas: Governmental Affairs.Email: Demetrius G. McDaniel
John Stanley Rainey (Shareholder) born El Paso, Texas, May 31, 1958; admitted to bar, 1993, Texas. Education: The University of Texas at Austin (B.B.A., Accounting, 1980); Certified Public Accountant, 1982; University of Houston Law Center (J.D., magna cum laude, 1993) Order of the Barons; Order of the Coif.
John S. "Chip" Rainey has wide-ranging experience in representing both traditional and on-line-only clients in the development of their use of the Internet for marketing, E-commerce and distribution activities, including the formation of strategic alliances, cross-marketing arrangements, web site development agreements, web site hosting agreements, compliance with federal and state laws regarding issues of privacy, disclosure and child-decency act restrictions, protection and licensing of copyright, trademark and service mark intellectual property, software licensing and telecommunication issues.
Chip draws on more than 12 years of experience in the financial services industry prior to obtaining his law degree to service clients in the areas of lending, financing and banking regulatory law, especially with respect to real estate transactions. His experience working with both borrowers and lenders, including traditional lenders and lenders involved in structured finance transactions, includes billion dollar mortgage warehouse lines, real estate acquisition and development loans and creative use of derivatives and other risk control measures to improve the secondary marketability of financial instruments, as well as to reduce and quantify risk to both lenders and borrowers.
Before practicing law, Chip ran the risk controlled arbitrage group for medium sized financial institution in the mid-1980s, doing some of the first interest rate swaps in the Texas market using the then newly-promulgated ISDA forms. He continues to practice in the area of swaps and derivative securities, and has broad experience in structured finance transactions, including transactions that used innovative risk-allocation mechanisms, such as credit default swaps, total return swaps and other similar instruments, including agreements for the trading of environmental credits in the EU. Chip has substantial experience representing clients with respect to hedge funds, fund of hedge funds and private equity fund vehicles.
Chip devotes much of his work to providing legal advice to the banking industry. He regularly advises financial services clients regarding the use of the Internet, documenting large mortgage warehouse credits, designing privacy compliance systems, and general banking regulatory issues.
Chip also works with clients on formation of organization, start-up of operations, obtaining financing for project development and the public and private placement of debt and equity securities. His practice also specializes in commercial transactions, particularly those involving the licensing of intellectual property rights, distribution agreements and technology development and transfer arrangements.
Areas of Concentration
· Technology information, including internet and e-commerce, communications, software development and business process outsourcing
· Structured finance and derivatives
· Real estate purchase, sale and financing transactions
· Bank regulatory and e-banking initiatives
· Entertainment and advertising law
· Commercial transactions, including the private and public financing, domestic and international strategic alliances and corporate governance
· Carbon credit
Professional & Community Involvement
· Member, State Bar of Texas
· Member, Houston Bar Association
· Member, American Bar Association
· Member, Travis County Bar Association
· Member, International Bar Association
Awards & Recognition
· Listed, Best Lawyers in America, 2007-2010
· Listed, Texas' Best Lawyers, 2008 and 2009
Previous Employment
· Senior Executive, Remington Savings Association, involved in Mortgage Banking and Commercial Real Estate Lending Groups, 1985-1990
· Licensed CPA practicing in Texas, specialized in advising small to medium sized businesses on management information systems and process automation, 1980-1985
Articles, Publications, & Lectures
Articles
· Co-author, "The Clean Spark Spread: How Greenhouse Gas Legislation will Impact the Cost of Producing Power," Electric Light & Power, November/December 2007
· Author, the Chapter on the United States E-Commerce Law for "World On-line Business Law" published by Oceana Publishers, July 2004
· Co-Author, "Integrating Business Values: The Legality, Morality and Social Responsibility of Bribery," May 2004
· Author, "Managing Credit Risk in 'Interesting' Times Through the Use of Credit Derivatives" Published in the Banking Law Journal, Fall 2003
· Author, "Trying to Exorcise the Ghosts, Nightmares and Demons Alive in Your E-Mail Server: the Need for a Virtual Document Retention Policy," September 2003
· Co-Author, "Conducting E-Commerce in the EU: A Guide to EU Directives," December 2002
· Author, "No Darkness at Midnight: Why Y2K Preparations Should Shine Bright for Corporate America," December 28, 2001
· Author, "Federal Legal and Regulatory Update of the Telecom Industry," October 1, 2001
· Co-Author, "Revenge of the Bean-Counters: FASB Reigns in the Investment Bankers with SFAS 133," August 15, 2001
Lectures
· Speaker, The Eurocoke Summit, Prague, Czech Republic, April 2008
· Speaker, Emerging Opportunities in Carbon Markets Conference, January 2008
· Speaker, "CIP Plus: Identifying Your Customer in Cyberspace," The Texas Savings and Community Bankers' Association Legal Conference, San Antonio, Winter 2004
· Speaker, "A Study of Anti-Corruption Legislation in a Social Context," The Academy of International Business Southeast Regional Conference, Macao, China, August 2004
· Speaker, "BPO: Developing an Effective Legal Strategy," The Indus Enterprise Conference, Houston, fall 2003
· Speaker, "Electronic Document Retention and Records Management," Institute of Corporate Counsel, San Antonio Texas, September 2003
· Speaker, "Forming the International Joint Venture for New Technology Development and Exploitation," The International Law Conference, Dallas, Texas 2003
· Speaker, "Don't Cry For Me (Over) Argentina," The South Texas College of Law Power Institute, June 20, 2002
Member: State Bar of Texas; Houston Bar Association; American Bar Association; Travis County Bar Association; International Bar Association.
(Also at Houston Office). Practice Areas: Technology, Media & Telecommunications; Corporate & Securities; Structured Finance & Derivatives; Real Estate; Financial Institutions; Intellectual Property & Technology; Energy & Natural Resources; Climate Change; Carbon Credits.Email: John Stanley Rainey
Barry R. Senterfitt (Managing Shareholder) born San Saba, Texas, 1960; admitted to bar, 1986, Texas. Education: Texas A&M University (B.B.A., Accounting, with honors, 1983) Phi Kappa Phi; Texas Tech University School of Law (J.D., with honors, 1986) Order of the Coif; Managing Editor, Texas Tech Law Review.
Barry Senterfitt's practice focuses on the insurance and managed care industries, and includes assisting clients with acquisitions and mergers of insurers, HMOs and insurance agencies; holding company transactions for insurers and HMOs, including state insurance holding company act compliance; HMO formation and licensure; insurance company formation and licensure, including offshore captives; redomestications of insurers; demutualizations and other complex corporate reorganizations; financial and reinsurance issues for insurers and HMOs; and plans of rehabilitation for insolvent or troubled insurers.
Barry has experience in designing and structuring innovative insurance marketing/distribution systems; acquisitions of insurance charters out of receivership; regulatory issues for life, health and property/casualty insurers and Medicaid and Medicare insurers/HMOs; formations of insurance purchasing cooperatives; risk-based capital requirements for insurers and corporate restructuring relating thereto; insurance asset sales through assumption and portfolio reinsurance; regulatory issues affecting health care provider groups, and product design and approval for insurers and HMOs.
Areas of Concentration
· Insurance regulatory
· Corporate
· Transactional
Significant Representations
· Acquisitions of insurance companies, HMOs, and insurance brokers, including:
- Acquisition of Wisconsin and Texas Medicaid business from Humana Acquisition of GAINSCO County Mutual by Liberty Mutual
- Acquisition of GlobalHealth by Heritage Health System
- Acquisition of Monticello Insurance Company by Max Re
- Sale of General Agents Insurance Company to Montpelier Re U.S. Holdings
- Sale of SCOR Life by SCOR Global Life
· Numerous reorganizations/redomestications including the demutualization of Millers Mutual Insurance Company (conversion to stock company)
· Fronting arrangements and unique reinsurance transactions for companies
· Formations and holdings company structures for insurance companies and HMOs
Professional & Community Involvement
· Former Vice Chair, ABA Committee on the Public Regulation of Insurance Law
· Member, Surplus Lines Law Group
· Former President, CASA of Travis County
· Board Member, SafePlace
Awards & Recognition
· Listed, Best Lawyers in America, 2008-2010
· Listed, Texas' Best Lawyers, 2009
· Listed, World's Leading Insurance & Reinsurance Lawyers, 8th Ed.
Noteworthy Experience
· Former Briefing Attorney, Supreme Court of Texas, 1986-1987
Articles, Publications, & Lectures
Articles
· Author, "Letter of the Law," monthly column in Managed Care Executive
· Contributing Author, Regulatory Aspects of Insurance Transactions, Insurance Law Deal Strategies: Leading Lawyers on Analyzing Insurance Claims, Negotiating Settlements, and Maximizing the Value of the Attorney (Inside the Minds), Aspatore Books, 2008
Practice Areas: Governmental Affairs; Insurance Regulatory & Transactions.Email: Barry R. Senterfitt
James Thoma (Shareholder) born 1956; admitted to bar, 1981, Texas; 1988, California. Education: The University of Texas (B.A., summa cum laude, 1977); The University of Texas School of Law (J.D., 1980).
James Thoma has more than 15 years of experience in corporate areas involving media, media finance, sponsorships and related intellectual property issues. His clients include major multi-national companies, a premier cable channel, motion picture and television producers, an industry leading product placement and sponsorship company, as well as a major computer hardware company. Mr. Thoma's practice includes extensive experience in securitizations of pools of assets as well as industry leading foreclosures involving intellectual property, including foreclosures on copyrights, trademarks and patents. His UCC Article 9 experience is among the leaders in California and he has particular knowledge on Article 9 foreclosures on general intangibles.
Areas of Concentration
· Media
· Media Finance
· Intellectual Property
· Article 9 Foreclosures
Significant Representations
· Partner-in-charge for Organizing Committee 2002 Winter Olympic Games
· Financing and production counsel for "The Blues" documentary series on PBS
· Counsel for foreign lender syndicate for Tomb Raider and Tomb Raider 2
· Completed in 2005, on behalf of borrower, ground breaking securitization and loan based on eight figure corporate United States Tax refund
Professional & Community Involvement
· Member, Texas Bar Association
· Member, California Bar Association
Internship
· Washington, D.C. Internship with Speaker of House
Other Experience
· Counsel for various German, Dutch, Luxembourg and French Bank syndicates on multiple media loans with a total in excess of $3 billion
Member: State Bar of Texas; State Bar of California.
(Also at Santa Monica, CA Office). Languages: Portuguese. Practice Areas: Corporate & Securities; Entertainment.Email: James Thoma
Jesse Z. Weiss (Shareholder) born Albany, New York, 1972; admitted to bar, 1999, Texas; Supreme Court of the United States; U.S. Court of Appeals, Third Circuit Court of Appeals; U.S. Court of Appeals, Fifth Circuit Court of Appeals; U.S. Court of Appeals, Sixth Circuit Court of Appeals; U.S. District Court for the Northern District of Texas; U.S. District Court for the Eastern District of Texas; U.S. District Court for the Southern District of Texas; U.S. District Court for the Western District of Texas. Education: The University of Texas at Austin (B.A., Philosophy and Government, 1995); University of Iowa College of Law (J.D., with distinction, 1999) Articles Editor, Iowa Law Review, 1998-1999.
Jesse Z. Weiss's practice focuses on securities litigation matters in federal and state courts including securities class actions, derivative suits, M&A litigation, internal investigations, and regulatory investigations and enforcement actions.
In securities-fraud class actions, derivative actions and regulatory enforcement actions, Jesse has represented companies, groups of executives, full boards of directors as well as committees, and individual officers and directors.
In class actions, preliminary injunction proceedings and derivative actions relating to going-private transactions, hostile acquisitions and other mergers, Jesse has represented companies, controlling shareholders, boards of directors and special committees. In addition, he is experienced in litigation brought against former officers and directors by trustees and creditors of bankrupt entities.
Jesse has conducted numerous internal investigations on behalf of boards, audit committees and special committees, typically related to accounting issues. In addition to his securities litigation practice, Jesse is experienced in complex commercial litigation at the trial and appellate states.
Areas of Concentration
· Securities litigation
· Internal investigations
· Commercial litigation
Professional & Community Involvement
· Member, State Bar of Texas
· Member, American Bar Association
· Director, The Trail Foundation
Awards & Recognition
· Selected by Super Lawyers magazine and Texas Super Lawyers magazine Rising Stars Edition, 2006 - 2008
Clerkship
· Law Clerk, Chief Justice Kathleen Blatz, Minnesota Supreme Court
Member: State Bar of Texas; American Bar Association.
Practice Areas: Securities Litigation; Litigation.Email: Jesse Z. Weiss
OF COUNSEL
Patricia Fuller McCandless (Of Counsel) born Houston, Texas, April 23, 1965; admitted to bar, 1992, Texas; 1995, District of Columbia. Education: Texas A&M University (B.S., Journalism, 1988); New York Law School (J.D., cum laude, 1992).
Patricia Fuller McCandless practices insurance and regulatory law and possesses over 15 years of legal experience in managed care and health insurance regulation. Her work includes legislative and executive branch advocacy in Texas, and she has experience formulating political strategy, crafting public policy positions, and negotiating and drafting legislation.
Patricia primarily represents life insurance companies, property and liability companies, trade associations, health maintenance organizations, health insurance companies, pharmacy benefit management companies, utilization review organizations and other entities related to the delivery of health care services, including vendors for government programs such as Medicaid and CHIP.
Areas of Concentration
· Insurance
· Managed care
· Health care
· Governmental affairs
Significant Representations
· Key participant in passage of managed care and insurance related legislation, including authorization of Texas mandate free health plans, health care transparency legislation, and health and wellness exception to anti rebate statute
· Performed due diligence and Form A regulatory approvals for managed care acquisitions by large publicly traded health insurer
· Assisted with regulatory approvals, RFP preparation and responses for awarded CHIP and Medicaid contracts
· Wide range experience with individual health coverage issues, uninsured initiatives, and health insurance risk pools
Professional & Community Involvement
· Board Member, Texas Association of Business
· Board Member, Texas Health Insurance Risk Pool
· Former President and Executive Committee Member, Texas Association of Health Plans
· Board Member, Central Texas Regional Alternate, Texas Motion Picture Alliance
Articles, Publications, & Lectures
Lectures
· Speaker, Texas Dept of Insurance Sunset Bill Update, Texas Alliance for Patient Access, Texas Hospital Association, Austin, Texas, May 8, 2009
· Speaker, Legislative Update, Alliance for Health Care Excellence, Las Colinas Country Club, Dallas, Texas, March 5, 2009
· Moderator, Legislative Panel Discussion, Texas Association of Health Plans Annual Meeting, The Woodlands, Texas, Octobor 2008
· Speaker, TDI Sunset Overview and Texas Health Insurance Risk Pool Update, Texas Association of Benefit Administrators, Austin, Texas, April 2008
· Speaker, 80th Legislative Session Update & An Overview of TDI Sunset Review, Texas Association of Health Plans, Medical Director Forum, Austin, Texas, January 2008
· Speaker, 80th Legislative Session Update, Great West Health Insurance Company staff meeting, Dallas, Texas, July 2007
· Speaker, 80th Legislative Session Forecast, Coastal Bend Association of Health Underwriters, Corpus Christi, Texas, November 2006
· Speaker, Legislative Panel Discussion, Texas Professional Benefit Administrators Association, Austin, Texas, May 2006
· Speaker, Executive Panel, UniCare Broker Meeting, San Antonio, Texas, April 2006
· Speaker, 79th Legislative Session Overview, Texas Hospital Association Health Law Conference, Austin, Texas, October 2005
· Moderator, TAHP Conference, Anti-Trust Issues and Managed Care Contracting Issues, September 2005
· Speaker, Texas Health Insurance Risk Pool Update, Texas Association of Life and Health Insurers (TALHI), San Antonio, Texas, August 2005
· Speaker, Health Savings Accounts 101, Women In Government Conference, Bay Harbor, Michigan, July 2005
· Speaker, 79th Legislative Session Update, Society of Financial Service Professionals - Dallas Chapter, Dallas, Texas, March 2005
· Speaker, 79th Legislative Session Update, Texas Pharmacy Association, Academy of Managed Care Pharmacists, Dallas, Texas, February 2005
· Speaker, Managed Care & Legislative Session Update, Scott & White Medical Center, Medical Director Meeting, Temple, Texas, February 2005
· Speaker, The Uninsured - Improving Access to Healthcare in Texas, Texas Conservative Coalition Research Institute, Health & Human Services Task Force Meeting, Austin, Texas, September 2004
· Speaker, Prompt Pay Workshop - Best Practices, Annual Conference of the Texas Association of Health Plans, San Antonio, Texas, October 2003
· Moderator, Contracting Strategies - Whose Really in the Driver's Seat?, Annual Conference of the Texas Association of Health Plans, San Antonio, Texas, October 2003
· Speaker, 2003 Legislative Update - Dallas Chapter, CHLU Agent Meeting, Dallas, Texas, August 2003
· Speaker, 2003 Legislative Update - Austin Chapter, CHLU Agent Meeting Austin, Texas, August 2003
· Speaker, SB 418: Challenges of Prompt Pay - Texas Association of Life & Health Insurers, Austin, Texas, August 2003
· Speaker, 2003 Legislative Forecast Presentation - Texas IPA Association Meeting, Austin, Texas, October 2002
· Moderator, HIPAA Privacy Panel, UNICARE Provider Conference, Frio, Texas, April 2002
· Speaker, Legislative Summary 2001, Texas Association of Preferred Provider Organizations Annual Meeting, Dallas, Texas, July 2001
· Speaker, Legislative Summary 2001, UNICARE Provider Conference, San Antonio, Texas, June 2001
· Speaker, 2001 Legislative Forecast, UNICARE Provider Conference, Austin, Texas, October 2000
· Speaker, 1999 Texas Legislative Update - numerous presentations to UNICARE clients, agents, and staff regarding 1999 Texas Legislative changes; also presented to the Dallas Chapter of the Texas Association of Life & Health Underwriters
· Speaker, Enterprise Liability - Texas SB 386, 1997 BCBS Association Lawyers conference, Boston, Massachusetts, 1997
· Speaker, 1997 Texas Legislative Update - numerous presentations to UNICARE clients, agents, and staff regarding 1997 Texas Legislative changes; also presented to the Dallas Chapter of the Texas Association of Life & Health Underwriters
Practice Areas: Governmental Affairs; Health & FDA Business; Insurance Regulatory & Transactions.Email: Patricia Fuller McCandless
ASSOCIATES
Yusuf Bajwa (Associate) admitted to bar, 2005, Texas; U.S. District Court for the Eastern District of Texas; U.S. District Court for the Northern District of Texas; U.S. District Court for the Southern District of Texas; U.S. District Court for the Western District of Texas. Education: The University of Texas at Austin (B.A., 2000); The University of Texas School of Law (J.D., with honors, 2005).
Yusuf A. Bajwa's practice focuses on securities litigation matters in federal and state courts, including securities class actions, derivative suits, M&A litigation, internal investigations and regulatory enforcement actions. Yusuf is also experienced in complex commercial litigation.
Areas of Concentration
· Securities litigation
· Commercial litigation
· Class action litigation
Significant Representations
· Representing the former CEO and CFO of an offshore oil and gas construction and repair company in a securities class action and other related matters arising out of its 2007 IPO and subsequent bankruptcy
· Represented a leading banking services company in litigation surrounding its acquisition of a competitor
· Represented one of the nation's largest insurance companies in a class action filed in Oklahoma federal court by customers challenging the company's insurance and investment products sales practices
· Represented an international direct-seller of personal care products in a securities class action filed in the Northern District of Texas
· Represented one of the world's largest oil companies in a class action filed in Delaware Chancery Court by the minority shareholders of a subsidiary that was taken private
Professional & Community Involvement
· Member, State Bar of Texas
· Member, American Bar Association
· Member, Austin Bar Association
· Member, Austin Young Lawyers Association
Awards & Recognition
· Texas Law Review, Associate Editor
Noteworthy Experience
· Prior to attending law school, Yusuf was an analyst for Accenture specializing in business process consulting.
Member: State Bar of Texas; American Bar Association; Austin Bar Association; Austin Young Lawyers Association.
Languages: Urdu. Practice Areas: Securities Litigation; Litigation.Email: Yusuf Bajwa
Kimberly G. Davis (Associate) admitted to bar, 2002, Texas; District of Columbia; U.S. District Court for the District of Columbia; U.S. District Court for the Eastern District of Texas; U.S. District Court for the Northern District of Texas; U.S. District Court for the Southern District of Texas; U.S. District Court for the Western District of Texas. Education: Trinity University (B.A., English and Communications, cum laude, 1997); Fordham University School of Law (J.D., 2002).
Kimberly G. Davis focuses her practice on securities litigation in federal and state courts, representing companies, boards of directors, individual officers and directors, and controlling shareholders in securities class actions, derivative lawsuits, and M&A litigation. Kimberly has represented companies and company insiders in investigations and enforcement actions by the SEC and other securities regulatory agencies. She also has experience in representing and advising companies and directors concerning their fiduciary obligations in mergers and acquisitions or other significant corporate transactions. In addition, she has experience in litigation brought against former officers and directors by trustees and creditors of bankrupt entities.
Areas of Concentration
· Securities litigation
· Commercial litigation
· Class action
· Bankruptcy
Significant Representations
· Defense counsel to individual directors of board of real estate development company in securities class action and derivative litigation in state and federal court in New Mexico.
· Defense counsel for one of the world's largest oil companies in a class action filed in Delaware Chancery Court by the minority shareholders of a subsidiary that was taken private.
· Defense counsel for an oil exploration company in class action litigation filed in Texas state court by shareholders challenging the sale of the company.
· Defense counsel for retail clothing store in shareholder litigation in Washington state court resulting from proposed acquisition.
· Defense counsel for a financial services company and its board in a class action filed in the Northern District of Texas by shareholders challenging a management lead buyout.
· Defense counsel for large pharmaceuticals company and its board in a class action and derivative lawsuit filed in state and federal court in Tennessee in the wake of its financial restatements.
Professional & Community Involvement
· Member, State Bar of Texas
· Member, District of Columbia Bar Association
Articles, Publications, & Lectures
· Author, "Securities Litigation and the Role of the SEC," Energy and Environmental Trading, Edited by Andrea S. Kramer and Peter C. Fusaro, Cameron May 2008
· Author, "The Corporate Divorce: Cross-Shareholder Disputes," American Institute of Certified Public Accountants, September 2006
· Author, "Damages," Securities Litigation: A Practitioner's Guide, Practicing Law Institute Corporate and Securities Law Library, 2006
Member: State Bar of Texas; District of Columbia Bar.
Practice Areas: Securities Litigation; Litigation.Email: Kimberly G. Davis
Janet Walker Farrer (Associate) admitted to bar, 2005, Texas. Education: The University of Texas at Austin (B.A., History, with honors, 2001) Phi Beta Kappa; The University of Texas School of Law (J.D., with honors, 2005).
Janet Walker Farrer focuses her practice on insurance and health care regulatory matters. Her experience includes assisting clients with acquisitions and mergers of insurers, HMOs and insurance agencies, and working on a variety of regulatory matters.
Areas of Concentration
· Insurance
· Health industry
· Policy and regulation
Professional & Community Involvement
· Member, State Bar of Texas
· Member, Austin Young Lawyers Association
· Board Member, Boys & Girls Club of the Capital Area
Articles, Publications, & Lectures
Articles
· Contributor, "Letter of the Law," monthly column in Managed Care Executive
Member: State Bar of Texas; Austin Young Lawyers Association.
Practice Areas: Governmental Affairs; Health & FDA Business; Insurance Regulatory & Transactions.Email: Janet Walker Farrer
Laura Moriaty (Associate) born Austin, Texas; admitted to bar, 2004, Texas; U.S. District Court for the Eastern District of Texas; U.S. District Court for the Northern District of Texas; U.S. District Court for the Southern District of Texas; U.S. District Court for the Western District of Texas. Education: Yale University (B.A., 2001); University of Virginia School of Law (J.D., 2004).
Laura L. Moriaty focuses her practice on securities litigation in federal and state court, representing public companies, officers and directors in securities class actions and derivative suits, as well as investigations and enforcement actions by the SEC.
Areas of Concentration
· Securities litigation
· Commercial litigation
· Class action
Professional & Community Involvement
· Board Member, Zilker Theatre Productions
· Board Member, Travis County Women Lawyers Association
· Member, State Bar of Texas
· Member, Austin Young Lawyers' Association
Awards & Recognition
· Twice awarded the Judge Suzanne Covington Pro Bono Service Award by the Volunteer Legal Services of Central Texas
Member: Travis County Women Lawyers Association; State Bar of Texas; Austin Young Lawyers' Association.
Languages: Russian. Practice Areas: Securities Litigation; Litigation.Email: Laura Moriaty
Royale Pence (Associate) admitted to bar, 2008, Texas. Education: The University of Texas at Austin (B.B.A., 2005); The University of Texas School of Law (J.D., 2008).
Royale Pence focuses her practice on securities litigation matters in federal and state courts. Royale has represented public companies, officers, and directors in shareholder class action and derivative lawsuits and has represented company insiders in internal investigations by the SEC.
Areas of Concentration
· Securities litigation
Professional & Community Involvement
· Juvenile Diabetes Research Foundation
· Austin Young Lawyers Association
Noteworthy Experience
· U.S. Securities and Exchange Commission Summer Legal Honors Program, Summer 2006
Practice Areas: Securities Litigation; Litigation.Email: Royale Pence