Eric W. Buether (Shareholder) born Denver, Colorado, April 8, 1956; admitted to bar, 1981, Texas; U.S. Court of Appeals, Federal Circuit; U.S. Court of Appeals, Fifth Circuit; U.S. District Court for the Eastern District of Michigan; 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; Supreme Court of the United States; U.S. Court of Federal Claims. Education: University of Chicago (A.B., 1978); University of Chicago Law School (J.D., 1981). Eric Buether chairs the IP Practice Group in Greenberg Traurig's Dallas office. He represents clients in a wide variety of industries ranging from oil and gas products and services to telecommunications, air transportation, the internet and consumer electronics. Eric has experience and demonstrated success in litigating patent, trademark, and copyright infringement claims, as well as trade secret and other intellectual property litigation. In addition to his intellectual property practice, Eric has experience in antitrust, class action and other complex litigation.
In 2004, Eric and his team represented an oil services company in a patent infringement lawsuit involving drill bit design technology patents and obtained an enhanced $24 million verdict that resulted in a $41 million judgment - one of the largest patent infringement judgments that year.
Eric is a member of the United Way of Metropolitan Dallas Alexis de Tocqueville Society, the Dallas Symphony Orchestra Silver Scroll Society, and the Dallas Opera Silver Circle. He obtained his J.D. from the University of Chicago in 1981.
Areas of Concentration
· Patent and other intellectual property litigation
· Antitrust litigation
· Class action litigation
· Technology litigation
· Other complex commercial litigation
Significant Representations
· Represented major oil services company in patent infringement litigation obtaining $24 million verdict, $41 million judgment and permanent injunction for willful infringement of three patents relating to drill bit design technology (4th largest patent infringement judgment in the nation in 2004).
· Represents major oil services company as plaintiff and defendant in a variety of patent infringement litigation relating to drill bit design and other oilfield services businesses.
· Represents one of the nation's largest media companies accused of infringement of patent asserted to cover the display of information in web pages on the Internet.
· Represents national consumer electronics specialty retailer in a variety of other patent infringement litigation matters.
· Defended major manufacturer of mobile telecommunications equipment in patent infringement litigation obtaining dismissal with prejudice of three asserted patents.
· Defended leading global information technology services company and national real estate investment trust in separate class actions each seeking damages in excess of $125 million obtaining denial of class certification in both cases.
· Represented start-up company in lender liability lawsuit against major bank obtaining jury verdict and judgment for client of $12 million (later settled for an amount subject to a confidentiality agreement).
· Defended major telecommunications company in patent infringement lawsuit by leading long distance carrier obtaining summary judgment of invalidity of asserted patent.
· Defended major telecommunications company in arbitration proceeding seeking damages in excess of $400 million obtaining dismissal of claims by plaintiff during arbitration hearing.
· Represented publicly-held mobile telecommunications services company in lawsuit asserting contract, fraud, theft of trade secrets, and patent infringement claims against leading long distance carrier obtaining multimillion dollar settlement for client.
· Represented major airlines in litigation involving expansion of DFW Airport obtaining nullification of restrictive zoning regulations.
· Represented leading chemical company in insurance bad faith lawsuit resulting in $72 million verdict and judgment affirmed on appeal (later settled for an amount subject to a confidentiality agreement).
· Represented major airline in multi-district litigation prosecuting breach of contract and tortious interference claims and defending against unlawful monopolization claims involving computerized reservations system.
· Represented plaintiffs in antitrust class actions against major photocopier manufacturers resulting in settlements in excess of $300 million.
Some of the matters listed were handled prior to the attorney joining Greenberg Traurig.
Professional & Community Involvement
· Member, American Bar Association (Antitrust, Intellectual Property and Litigation Sections)
· Member, State Bar of Texas ( Antitrust and Business Litigation, Intellectual Property and Litigation Sections)
· Member, Dallas Bar Association
· Member, Fifth Circuit Bar Association
· Member, Federal Circuit Bar Association
· Member, American Intellectual Property Lawyers Association
· Member, United Way of Metropolitan Dallas Alexis de Tocqueville Society
· Member, Dallas Symphony Orchestra Silver Scroll Society
· Member, Dallas Opera Silver Circle
Awards & Recognition
· Listed, Best Lawyers in America, 2009-2010
· Listed, Texas' Best Lawyers, 2009
· Listed, Who's Who Legal: Texas 2008
· Selected by Super Lawyers magazine -- Corporate Counsel Edition, Intellectual Property Litigation, 2009
· Selected by Super Lawyers magazine and Texas Super Lawyers magazine, 2007-2008
Member: American Bar Association (Member, Antitrust, Intellectual Property and Litigation Sections); State Bar of Texas (Member, Antitrust and Business Litigation, Intellectual Property and Litigation Sections); Dallas Bar Association; Fifth Circuit Bar Association; Federal Circuit Bar Association; American Intellectual Property Lawyers Association.
Practice Areas: Intellectual Property Litigation; Intellectual Property & Technology; Litigation; Antitrust Litigation.Email: Eric W. Buether
Mark A. Calhoun (Shareholder) born Tyler, Texas, December 5, 1946; admitted to bar, 1973, Texas; New York; U.S. Court of Appeals, Fifth Circuit; U.S. Court of Appeals, Second Circuit; U.S. Bankruptcy Court for the Northern District of Texas; U.S. Bankruptcy Court for the Southern District of Texas; U.S. District Court for the Eastern 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., 1969); The University of Texas School of Law (J.D., 1972).
Mark A. Calhoun focuses his practice in civil litigation and domestic and international arbitration. He also has a broad base of experience in several different industries, including real estate and finance, energy, telecommunications, aviation and rail.
Mark possesses wide-ranging experience in litigation and alternative controversy resolution as an advocate and as a mediator and arbitrator, both domestically and internationally. Mark keeps abreast of and is involved in a spectrum of areas from business and professional services management to specifics in industry operations in the aviation and railroad transportation industries, as well as telecommunications, energy and finance. His background aids in helping clients reach strategic solutions to complex problems, especially when industry knowledge is paramount.
Areas of Concentration
· Commercial litigation, domestic and international arbitrations
· Energy
· Intellectual property
· Rail and aviation
· Banking, real estate and finance
· Telecommunications
Significant Representations
· Transportation: representation of aviation and railroad companies in both business and litigation matters, including real estate and land use, labor and employment, regulatory/government relations, mass tort, product liability, leasing and finance, FAA regulatory matters, airport development and compliance.
· Telecommunications: representation of major carriers and cable telecommunications companies which encompasses matters involving litigation, franchising, and real estate and land use-related matters.
· Energy: participated on complex case panels as an arbitrator and before the ICC, AAA, and ICDR for energy matters and has been active in the oil and gas energy industry representing public drilling and exploration companies and operators in contract, tort, and royalty cases.
· Litigation and ADR: handled matters related to trade secrets, unfair trade practices, insurance, partnerships, contracts, corporations, franchises, zoning and land use, employment and competition, banking, construction, real estate, energy, environmental, product and personal injury. Serves as an arbitrator, mediator and settlement counsel in large complex domestic and international trials and arbitrations in commercial, energy, intellectual property, telecommunications, and mass tort cases.
Transactions and Cases
· Represented the largest short line railroad in the United States in litigation involving contract termination and breach of claims. This litigation involved a short line railroad acquired by our client to serve as one of the major ocean ports. We prevailed in allowing a continuation of the port agreements with the acquired railroad and the Port Authority.
· Represented a class one railroad in one of the largest mass tort and environmental matters involving several thousand plaintiffs. The cases involved two class action certification hearings, numerous hearings in both federal and state court, two appeals to the U.S. Circuit Court of Appeals, and finally, a consolidation of fourteen separate lawsuits into one forum. From a demand of $500,000,000.00 this case was eventually settled for less than $9,000,000.00.
· Represented a major independent movie producer in a movie distribution case involving national and international distribution rights resulting in a favorable settlement of the dispute.
· Represented a major independent oil and gas company in a contract case involving misrepresentations of field operating conditions and reserves resulting in a favorable unwinding of the purchase contract.
· Represented a major competitive long distance carrier and a class one railroad in a dispute over the permitted uses of fiber optics in railroad right-of-way resulting in a seminal opinion regarding users of railroad right-of-way for fiber optic joint ventures, prevailing at summary judgment and sustaining that judgment on appeal.
Some of the matters listed were handled prior to the attorney joining Greenberg Traurig.
Professional & Community Involvement
· Life Fellow, State Bar of Texas {newline}- Litigation, Aviation, and Banking Sections
· Life Fellow, Dallas Bar Association
· Member, American Bar Association {newline}- Business Law, Litigation, International Law, Construction, Public Utilities, Communications, and Transportation Sections
· Member, International Bar Association
· Complex Panel Member, American Arbitration Association
· Panel Member, International Centre for Dispute Resolution
· Member, Association for Conflict Resolution
· Advisory Board Member, The Institute for International and Comparative Law
· Advisory Board Member, The Institute for Transnational Arbitration
· Member, Association of Attorney Mediators
· Member, Chartered Institute of International Arbitrators
· Member, International Association of Mediators and Arbitrators
· ICC Panel Member of International Arbitrators
· Member, London Court of International Arbitration
· Member, Aircraft Owners and Pilots Association
· Executive Committee, National Association of Railroad Trial Counsel (NARTC) Southwest Pacific Regions
· Keeton Fellow, The University of Texas School of Law
· Member, The University of Texas at Austin Leadership Council {newline}- The Chancellor's Council {newline}- The President's Council
· Member, International Chamber of Commerce
· Director and Fellow, IC2 at The University of Texas at Austin
· Advisory Board Member, The Dallas Opera
· Advisory Board Member, The University of Texas at Dallas {newline}- Technology Commercialization and Development Committees
Awards & Recognition
· Selected by Super Lawyers magazine and Texas Super Lawyers magazine, 2003, 2004, 2005, 2007 and 2008
· The Outstanding Lawyers of America, 2003
· Who's Who in Litigation, Dallas Business Journal, 1993
· Listed, Best Lawyers in America, International Arbitration, 2008 and 2009
· IC2 Fellow, The University of Texas at Austin
Articles, Publications, & Lectures
Lectures
· Speaker, "23 U.S.C. 409 after Pierce Country - Revisiting the Sword/Shield Debate," National Association of Railroad Trial Counsel Winter Conference, 2004
· Speaker, "Arbitration: Back in Vogue," Forum: State Bar of Texas Advanced Civil Litigation Conference, 2001
· Speaker, "New Issues Arising From Telecommunications Facilities in Railroad Right-of-Way," Forum: Law Seminars International 4th Annual Local Telecommunications Infrastructure Conference, 2001
· Speaker, "Local Franchise Issues: The Carrier's Perspective," Forum: Law Seminars International 4th Annual Local Telecommunications Infrastructure Conference, 2001
· Speaker, "The Price of Progress: Defending Lawsuits Brought Against Railroads and Telecommunication Companies That Contract to Allow Installation of Fiber Optic Cable in Railroad Right-of-Way," 2001
· Speaker, "Liability for Home-Built Aircraft," Forum: Southern Methodist University Air Law Symposium, 2000
· Speaker, "Local Franchise Issues: Effective Negotiation Techniques," Forum: Law Seminars International, 1999
· Speaker, "The United States Position on the Transboundary Movement of Hazardous Waste," Forum: Gathering of industry leads and attorneys practicing in the transportation industry in Europe (Basel, France), 1998
· Speaker, "Grasping Gottshall: Be There or Be Square," Forum: Texas Association of Railroad Trail Counsel, 17th Annual Meeting, 1996
· Speaker, "A New Challenge: Defending the Railroads Against Homeowners, Environmental Injury Lawsuits," Forum: the Chronicle, National Association of Railroad Trial Counsel, 1995
· Speaker, "Designing and Implementing Effective Compensation Systems for Today's Law Firm," Forum: Professional Development Institute, 1995
· Speaker, "The Managing Partner's Expectations of the Firm Administrator," Forum: Dallas Association of Legal Administrators, 1995
· Speaker, "American with Disabilities Act: It Does Affect Your Business," Forum: Today's CPA, 1994
· Speaker, "Positioning the Firm for Success: Strategic Planning in the Small and Mid-size Firm," Forum: State Bar of Texas, 1993
· Speaker, "Making the Pitch for New Business," Forum: American Bar Association Section of Law Practice Management and National Association of Law Firm Marketers, 1992
Member: State Bar of Texas (Life Fellow; Member, Litigation, Aviation, and Banking Sections); Dallas Bar Association (Life Fellow); American Bar Association (Member, Business Law, Litigation, International Law, Construction, Public Utilities, Communications, and Transportation Sections); International Bar Association.
Practice Areas: Litigation; International Dispute Resolution; Pharmaceutical & Medical Device Litigation.Email: Mark A. Calhoun
Stephen C. Carlin (Shareholder) born Pittsfield, Massachusetts, November 9, 1960; admitted to bar, 1985, Texas; U.S. Court of Appeals, Fifth Circuit; 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: Haverford College (B.A., Political Science, 1982) Class Treasurer/Secretary; Varsity Tennis, Fencing; Boston University School of Law (J.D., 1985) G. Joseph Tauro Scholar (First Year Academic Award); Captain, National Moot Court Team; Class Speaker.
Stephen C. Carlin has over 20 years of experience in litigation and dispute resolution, including pre-trial, trial, injunction, appeal, bankruptcy, mediation, and arbitration proceedings. His practice focuses on technology, construction, securities, insurance, and commercial and corporate governance disputes.
Steve's practice is national. He has represented clients in numerous federal, bankruptcy, and state court litigation matters, as well as alternative dispute resolution proceedings, throughout the country. He has tried numerous jury and non-jury cases through verdict and appeal before Texas courts and Federal District and Bankruptcy Courts throughout the nation. Steve has represented a wide variety of clients, including individuals, start-up companies, the "Final Four" accounting and consulting firms, and Fortune 100 companies.
Areas of Concentration
· Banking and financial institutions
· Construction
· Patent and intellectual property infringement and enforcement
· Technology licensing
· Systems development/integration
· Software development and licensing
· Unfair competition and deceptive trade practices claims
· Corporate governance
· Federal and state securities claims
· Fiduciary responsibilities of corporate directors and officers
· Misappropriation of trade secrets
· Non competition agreements
· Insurance coverage
Significant Representations
· In 2006, represented a surety in a 4 month, $185 million, multi-state gas processing plant construction project jury trial. Obtained summary judgment on bad faith claims. Obtained verdict for $20 million in actual, $70 million in exemplary damages for surety and against project owners.
· Represented Final Four accounting firm in real estate securities litigation, obtaining summary judgments.
· Represented insurance company making claim on its own D&O policy; settlements substantially exceeded policy limits and attorneys' fees.
· Represented National Football League linebacker in contract dispute with the Dallas Cowboys, defeating the Cowboys' summary judgment efforts.
· Represented NFL Players challenging the constitutionality of Ohio's worker's compensation statute.
· Represented real estate developer in lender liability action against now defunct savings and loan association, resulting in a $150 million verdict after three months of trial.
· Represented patent holder of ophthalmic surgical implant defending competitor's infringement claims: obtained summary judgment.
· Defended musician Stevie Ray Vaughan in multi-million contract dispute with former manager: settled and released for no money.
Some of the matters listed were handled prior to the attorney joining Greenberg Traurig.
Awards & Recognition
· Selected by Super Lawyers magazine, 2003-2007
Articles, Publications, & Lectures
Articles
· Author, "Squeeze Play: Worker's Compensation and Professional Athletes," University of Miami Entertainment and Sports Law Journal, Spring 1995
Practice Areas: Litigation; Subprime & Mortgage Markets.Email: Stephen C. Carlin
Brian A. Carpenter (Shareholder) born 1964; admitted to bar, 1991, Texas; 1995, Colorado; 2009, 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 Central District of California; U.S. District Court for the Northern District of California; U.S. District Court for the District of Colorado; U.S. District Court for the Eastern District of Michigan; U.S. Court of Appeals, Federal Circuit Court of Appeals; U.S. Court of Appeals, Tenth Circuit Court of Appeals; U.S. Court of Appeals, Fifth Circuit Court of Appeals; registered to practice before U.S. Patent and Trademark Office. Education: Texas A & M University (B.S.M.E., summa cum laude, 1986); University of Texas School of Law (J.D., with honors, 1991).
Brian A. Carpenter focuses his practice on commercial litigation, and, in particular, patent litigation, for which he is especially well equipped as a registered patent attorney and as an experienced engineer. Brian has been involved in many patent cases in numerous jurisdictions, including the N.D. California, E.D. Texas, and D. Massachusetts. These cases have involved technologies ranging from complex digital electronics to less complex mechanical devices. For example, Brian has litigated patent infringement cases concerning a stereotactic breast biopsy machine, software for a personal computer I/O controller, satellite TV receivers and related signal processing circuits, business methods for e-commerce, massive data storage units, business methods for data mining, electrostatic air purifiers, methods for high speed recording on tape media, a robotic arm, gas turbine technology, and an active vibration isolation system. He has also handled numerous cases involving less complex devices such as a coaxial connector and a windshield wiper blade.
Brian also has experience in litigating unfair competition, trademark, copyright, and trade secret cases.
In addition to intellectual property litigation, Brian has been involved in a variety of commercial litigation cases, including the breach of a contract involving investments in Nigeria, an antitrust matter involving bid-rigging, and breach of a shareholder agreement brought by retiring officers of a large corporation that resulted in a multimillion dollar judgment in their favor.
In addition to his litigation practice, Brian is experienced in managing and exploiting patent portfolios through the licensing of patents. As a registered patent attorney, he has prosecuted numerous patent applications.
Prior to his legal career, Brian practiced engineering at Southwest Research Institute in San Antonio, Texas, where he was responsible for designing a robotic arm for use on high voltage power lines, packaging for an automotive computer system, an inspection camera for pipelines, and an undersea fiber optic cable for use in off-shore drilling. Brian interned at IBM and Texas Instruments.
Significant Representations
· Argued and won summary judgment declaring all claims of a patent invalid before the N.D. California.
· Participated in a two week trial, including direct and cross examination of witnesses, concerning eight patents directed to modules and methods for interfacing a car alarm to an automotive serial databus.
· Began trial concerning the alleged infringement of a patent for a software patch for an I/O controller in a personal computer. The case settled after the trial began.
· Obtained settlements for Brookstone Company, Inc. in several cases brought by another retailer involving air purifiers.
· Obtained a $33 million settlement for Fischer Imaging Corporation, the third largest settlement in a patent case in 2002.
· Represented major electric company at evidentiary hearing in defense against a preliminary injunction that would have shut down numerous critical turbines. This patent infringement case concerned water injection technology for gas turbines.
· Assisted in the bench trial on damages and validity after obtaining partial summary judgment on infringement for the owner of a patent for an active vibration isolation system.
· Litigated on behalf of the owner of eight patents covering computer tape back-up drives.
· Provided litigation assistance in several multi-million dollar commercial cases involving antitrust, breach of contracts, and various business torts including misappropriation of trade secrets. He also served as lead attorney on a number of cases involving breach of contract, professional malpractice, business torts, and negligence.
Professional & Community Involvement
· Member, Licensing Executives Society
· Member, American Intellectual Property Law Association
· Member, State Bar of Texas
· Member, State Bar of California
· Member, Colorado Bar Association
Awards & Recognition
· AV® Peer Review Rated
Articles, Publications, & Lectures
Lectures
· Overview of Current Claim Construction Practice in View of Phillips, Patent Claim Construction: The Advanced Legal Forum, Westlegalworks, March 6, 2008
· Legal and Regulatory Issues for IP, IP Portfolio Management Conference, West Legalworks, November 12, 2007.
Member: American Intellectual Property Law Association; State Bar of Texas; State Bar of California; Colorado Bar Association.
(Also at East Palo Alto, California Office). Practice Areas: Intellectual Property & Technology; Litigation.Email: Brian A. Carpenter
Brian A. Colao (Shareholder) born Kingston, New York, November 8, 1970; admitted to bar, 1995, Texas; U.S. Court of Appeals, Eleventh Circuit; U.S. Court of Appeals, Fifth Circuit; U.S. Court of Appeals, Ninth Circuit; U.S. Court of Appeals, Tenth Circuit; U.S. District Court for the District of Colorado; 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 Western District of Michigan; U.S. District Court for the Western District of Texas. Education: Binghamton University State University of New York (B.A., Law and Society, 1992) with outstanding academic achievement; NCAA Academic All American in Wrestling; ECAC Metro Athlete of the Year; Vanderbilt University Law School (J.D., 1995) Carl J. Ruskowski Clinical Legal Education Award.
Brian A. Colao has a nationwide practice that focuses on all facets of complex commercial litigation, including contractual disputes, issues of corporate governance, theft of trade secrets, unfair competition, covenants not to compete, trademark infringement, fraud and deceptive trade practices, disparagement, lender liability, and other business claims. Brian also has substantial experience in domestic and international arbitrations, class actions, securities litigation, defending attorney general and other government agency enforcement actions, illegal corporate practice of medicine doctrine, and attorney discipline and grievances.
Over the last several years, Brian has served as lead trial counsel in many significant commercial disputes pending in more than 25 different federal districts in over 20 states. Brian has also appeared as lead counsel in numerous state court cases pending in at least 10 states and three Canadian provinces. Brian has also represented clients in commercial arbitration proceedings pending in New York, London, Amsterdam, Zurich, Costa Rica, Los Angeles, Atlanta, Dallas, New Orleans, Miami and Jacksonville.
Brian has experience in jury and bench trials and injunction matters. He has tried an average of two significant cases a year for the last several years.
Areas of Concentration
· Commercial litigation
· Healthcare law
· International law
· Legal ethics
· Securities litigation
· Technology litigation
Significant Representations
· Representing a major manufacturer of fiber optic connectors for the military in three lawsuits pending in Texas state and federal court and two commercial arbitration proceedings against five former officers, directors, and shareholders of the company alleging, among other things, theft of trade secrets, violations of the Computer Fraud and Abuse Act, breach of fiduciary duty, tortious interference with contract, and breaches of certain representations and warranties contained in a stock purchase agreement.
· Representing and defending numerous national retail stores in class actions and collective actions filed by employees under the Fair Labor Standards Act and various state employment laws.
· Representing Majority Shareholder in large closely held corporation in a lawsuit against certain Minority Shareholders over the proper management and control of the company.
· Representing major computer memory manufacturer in litigation in state court in Idaho against the former President and General Manager of the company alleging, among other things, theft of trade secrets, breach of fiduciary duty, conversion and tortious interference with prospective economic advantage arising from the officers' establishment of a competing venture.
· Representing major Texas Investment Company in three lawsuits pending in federal court in Texas and New York for, among other things, breaches of the terms of several investment agreements and related transaction documents, fraud, deceptive trade practices, civil conspiracy and tortious interference with contract resulting from a cancelled business relationship with a major New York investment company.
· Represented a group of approximately 65 orthodontists in multi-state litigation involving over 35 lawsuits pending in various federal and state courts in 13 states against a practice management company alleging, among other things, breach of contract, violations of various states' Dental Practices Acts, fraud, and deceptive trade practices in connection with the performance of the company under certain service agreements, asset purchase agreements, employment agreements and other related transaction documents.
· Represented large franchiser in multi-state litigation involving over 30 separate lawsuits in various federal and state courts in 10 states against franchisees for, among other things, breach of contract, unlawful competition, theft of trade secrets and trademark infringement.
· Represented large medical supply company in commercial arbitration in Jacksonville, Florida, over breach of representative and sales agreement by software company.
· Served as Special Disciplinary counsel to the State Bar of Texas, Commission for Lawyer Discipline and prosecuted several attorney grievances for violations of the Texas Disciplinary Rules of Professional Conduct.
RECENT TRIAL EXPERIENCE
· After two separate evidentiary hearings in State Court in Dallas, Texas, obtained permanent injunctive relief in favor of litigation support company protecting trade secrets and confidential and proprietary which led to a favorable business outcome for the client. February 2006
· After two week arbitration before a commercial litigation panel of the American Arbitration Association in Dallas, Texas, received a favorable award providing that certain Respondents breached certain representations and warranties contained in a stock purchase agreement and an award of attorneys' fees. July 2005
· After a one week trial in federal court in Tyler, Texas, received a favorable jury verdict that certain Defendants violated the federal Computer Fraud and Abuse Act in connection with their termination of employment with client. March 2005
· After a three week trial in federal court in Atlanta, Georgia, received a favorable jury verdict on behalf of a group of orthodontists terminating a 20 year service agreement and awarding attorneys' fees. May 2004
· After a four week trial in federal court in Miami, Florida, on a complicated contractual dispute, obtained favorable settlement on behalf of a group of orthodontists resulting in a significant cash payment to client and termination of a 20 year service agreement. July 2003
· After an injunction hearing in State Court in Nampa, Idaho, received temporary injunctive relief in favor of computer memory manufacturer protecting trade secrets and other intellectual property which led to a favorable business outcome for the client. August 2002
REPORTED CASES
· In re OthAlliance, Inc. Contract Litigation, 350 F. Supp. 2d 1354 (J.P.M.L. 2004). Represented approximately 65 different clients before the judicial panel on multidistrict litigation and successfully prevented the consolidation and transfer of numerous cases to the forum of the opponent's selection. December 2004
· Robert C. Penny et al. v. OrthAlliance, Inc., 255 F. Supp 2d 579 (N.D. Tex. March 27, 2003) (No. CIV.A.3 :01 -CV-1 1569-N). In a case of first impression, obtained summary judgment on behalf of a group of Texas orthodontists on the grounds that 20 year service agreements between orthodontists and a practice management company violated the prohibition on the corporate practice of dentistry contained in the Texas Dental Practices Act. March 2003
OTHER SIGNIFICANT DECISIONS
· In two cases of first impression, obtained summary judgment on behalf of a group of Washington orthodontists (March 1, 2004) and Colorado orthodontists (April 26, 2004) on the grounds that certain 20 year service agreements between orthodontists and a practice management company violated the prohibition on the corporate practice of dentistry contained in the Washington and Colorado Dental Practices Act.
· In two cases of first impression, obtained summary judgment on behalf of a group of California orthodontists (December 2, 2002) and Georgia orthodontists (April 16, 2003) on the grounds that certain covenants not to compete contained in service agreements and employment agreements between the orthodontists and a practice management company constituted an unlawful restraint on trade and were therefore void and unenforceable.
Some of the matters listed were handled prior to the attorney joining Greenberg Traurig.
Professional & Community Involvement
· Member, Dallas Association of Young Lawyers
· Member, Dallas Bar Association
· Member, State Bar of Texas
· Member, Texas Young Lawyers Association
· Member, American Bar Association
· Member, Federal Bar Association
· Member, Dallas Tennis Association, Texas Tennis Association, American Tennis Association, and Tennis Competitors of Dallas
· Member, USA Film Festival
· Member, DAYL High School Involvement Committee
· Member, DAYL Lawyers for Children Committee
· Member, Make a Wish Foundation
· Member, Dallas Heart Ball
· Member, Dallas Theater Center -- Stage Hands Member, Dallas Vanderbilt Club
· Member, Binghamton University Alumni Association and Law Advisory Committee
Awards & Recognition
· Texas Rising Stars, Texas Monthly, 2003, 2004 and 2005
· Manchester Healthcare's Who's Who Among Healthcare Professionals, 2004
Member: Dallas Association of Young Lawyers; Dallas Bar Association; State Bar of Texas; Texas Young Lawyers Association; American Bar Association; Federal Bar Association; Binghamton University Alumni Association.
Practice Areas: Litigation.Email: Brian A. Colao
Katherine A. Compton (Shareholder) born New York, N.Y., 1959; admitted to bar, 1985, 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: University of North Texas (B.A., Accounting, emphasis in Taxation, cum laude, 1982); St. Mary's University School of Law (J.D., 1985) Associate Editor, St. Mary's Law Review.
Katherine Compton is a shareholder in the firm's Dallas office. Katherine has practiced law for 24 years, primarily in the area of complex commercial litigation. She has a broad range of experience, including defense of breach of fiduciary duty litigation against directors and officers, consumer litigation, construction litigation, broker/dealer litigation and arbitrations, securities litigation, trade secret litigation, intellectual property disputes (including brand protection (anti-counterfeiting litigation throughout the United States), patent and trademark infringement litigation), class actions, personal injury litigation, civil rights litigation, antitrust matters and multi-party litigation in jurisdictions throughout the United States. Additionally, she has litigation experience involving defamation, oil and gas and commercial real estate disputes.
Key Clients
· Clear Channel Communications, Inc.
· Accor North America
· iCrossing, Inc.
· Hermès International Corporation
· Morgan Stanley, Inc.
· Board of Directors - Marketing Specialists, Inc.
· Board of Directors - Horizon Pharmacies, Inc.
· Cartier International B.V.
· Montblanc-Simplo GmbH
· Acushnet Company
· Liz Claiborne, Inc.
· Credit Suisse First Boston
· New Balance
· Capital Metropolitan Transportation Authority
Areas of Concentration
· Complex commercial litigation
· Brand protection - anti-counterfeiting litigation
· Securities litigation - including securities fraud and defending directors and officers sued for breach of fiduciary duty
· Broker/dealer arbitrations
· Trademark infringement
· Antitrust litigation
· Class action defense
· Patent infringement
· Products liability defense
· Civil rights defense
Significant Representations
· Representing Redflex Traffic Systems, Inc. in a class action in the Eastern District of Texas brought by red light violators who questioned the legality of red light camera programs. Obtained order of dismissal from Judge Michael Schneider based on our motion to dismiss.
· Representing Morgan Stanley in a variety of broker/dealer actions involving or emanating from Texas arbitrations.
· Defending board of directors of Marketing Specialists in multimillion dollar litigation brought by trustee of Marketing Specialists, Inc. against Mary Kay, Inc., board of directors and officers of Marketing Specialists, Inc.
· Defending board of directors of Horizon Pharmacies, Inc. in litigation brought by trustee of Horizon Pharmacies, Inc.
· Defending National Beverage Company et al in multimillion dollar trade dress and trademark infringement lawsuit brought by Hansen Beverage involving allegation that Freek energy drinks infringe Monster energy drink trade dress.
· Representing Hermès International in numerous trademark infringement lawsuits against counterfeiters of Hermès handbags across the country.
· Complex class action real estate litigation related to development of 141 acres in Elm Creek Subdivision in San Antonio, Texas.
· Representing The Acushnet Company against retailers and wholesalers counterfeiting Titleist Pro V1 golf balls in multi-million dollar trademark infringement lawsuits across the country.
· Representing defendants sued in the Eastern District of Texas for patent infringement.
· Representing plaintiff in copyright infringement matter in Northern District of Texas.
· Representing plaintiff in trade secret litigation in Dallas District court.
· Representing Cartier International B.V. and Montblanc-Simplo GmbH in trademark infringement action related to counterfeit Montblanc and Cartier watches.
· Representing PRL USA Holdings, Inc. in multi-million dollar trademark infringement lawsuit against numerous defendants for selling counterfeit Polo and Chaps shirts.
· Representing Liz Claiborne, Inc. against a Dallas based public company in multimillion dollar trademark infringement litigation involving alleged counterfeit Monet Jewelry. Obtained temporary restraining order against all
· Defendants in lawsuit.
· Representing Hitachi Data Systems Corporation in contract dispute.
· Defended AT&T Corp. in multimillion dollar trade secret litigation.
· Worked with team of lawyers in antitrust Litigation brought by Kinetic Concepts, Inc. v. Hillrom, Inc. in highly publicized successful multimillion dollar verdict.
· Handle all lawsuits and business legal matters for Peak Capital Corporation, an automobile finance corporation.
· Successfully defended products liability case for Hitachi Power Tools, USA.
· Successfully defended Smith & Nephew, Inc., world's largest orthopedic supply company in civil rights lawsuit: Won summary judgment in Federal Court.
Some of the matters listed were handled prior to the attorney joining Greenberg Traurig.
Professional & Community Involvement
· Member, American Bar Association
· Member, State Bar of Texas
· Board of Directors, Women's Bar Association/Foundation, 1988-1990
· Board of Directors, Young Lawyer's Association, 1987-1989
Awards & Recognition
· Order of the Barristers
Articles, Publications, & Lectures
Articles
· "Tools For Discovery" - Article and Lecture 2001, 2002
· Published, 14 St. Mary's Law Journal, 907, 1984
Member: American Bar Association; State Bar of Texas; Women's Bar Association (Board of Directors); Women's Bar Foundation (Board of Directors).
Practice Areas: Litigation; Intellectual Property and Technology Litigation.Email: Katherine A. Compton
Joseph F. Coniglio (Shareholder) born July 16, 1972; admitted to bar, 1997, Texas; U.S. District Court for the Eastern District of Texas; U.S. District Court for the Northern District of Texas. Education: Southern Methodist University (B.B.A., 1994); Texas Tech University School of Law (J.D., cum laude, 1997) Board of Barristers Scholarship Recipient; American Jurisprudence Award - Business Entities; CALI Award for Excellence in Business Entities; McWhorter, Cobb & Johnson L.L.P. Award For Outstanding Board of Barristers Member.
Joseph F. Coniglio has wide-ranging experience in the area of health care law and complex business litigation. He represents hospitals, physicians, and other related health care entities in litigation and transactional matters. He also provides service on a national basis to privately held and publically traded companies related to corporate entity issues and health care regulatory matters. Joe advises health care clients on operational matters, liability exposure of corporate entities, federal and state health care regulatory compliance involving complex fraud issues and health care reimbursement disputes, as well as professional liability and risk management. He also represents health care providers before their respective state boards in grievance and disciplinary proceedings.
Joe was selected twice by Texas Super Lawyers magazine as a Texas Rising Star in the area of Health Law. He was also selected to serve with the Dallas County District Attorney's office as a prosecutor in numerous jury trials through the Lawyers on Loan Program.
Areas of Concentration
· Health law
· Corporate entity litigation
· Professional liability
· Employment litigation
· Hospital risk management
Significant Representations
· Preparation of risk management and liability exposure analysis for Healthcare Management Company related to compliance issues as well as liability exposure for contractually related corporate entities.
· Representation and counseling as National Counsel for Physician Management Corporation regarding allegations against corporate entities based on claims of employment, actual agency, single business enterprise, and joint venture with other entities and health care providers.
· Representation of nonprofit assisted living facility related to voluntary refund and self-disclosure of Medicare claims.
· Representation of nonprofit hospice entity related to entity formation and corporate compliance issues.
· Defense verdict at trial for physician and health care facility in wrongful death action alleging failure to diagnose patient who died from bacterial endocarditis.
· Representation of hospital in connection with peer review proceedings as well as quality assurance initiatives.
· Representation of national hospital group purchasing organization in connection with health care regulatory issues related to various service and supply agreements.
· Representation of Plastic Surgery Physician Group and National Healthcare Management Company related to preparation of physician agreements, patient consent and disclosure statements, management service agreements, and compliance issues.
· Representation of Anesthesiology Group in negotiation of contractual arrangement and preparation of services agreement with hospital corporation and affiliated companies.
· Summary judgment on behalf of Physician Staffing Corporation regarding direct negligence and vicarious liability allegations based on claims of employment, actual agency, single business enterprise, and joint venture with other entities and health care providers.
· Counsel to Board of nonprofit health care corporation regarding entity structure decision, compliance issues, and regulatory inquiries.
· Advised multiple clients on structure of transactions to ensure compliance with state and federal health regulations and the corporate practice of medicine doctrine.
· Complete dismissal of physician from investigation by Texas Medical Board alleging Board violations related to alleged sexual misconduct.
· Complete dismissal of physician from investigation by Texas Medical Board alleging Board violations related to surgical treatment provided.
· Summary judgment on behalf of surgeon for claims of negligence related to surgery performed and subsequent course of treatment.
· Summary judgment on behalf of hospital corporation and health care facility regarding allegations of direct liability and ostensible agency for actions of physicians.
· Defense verdict at trial for surgeon in lawsuit alleging lack of informed consent and negligent performance of surgical procedures.
· Successful representations of physician groups and hospitals in health care related litigation and professional liability claims at trial.
Some of the matters listed were handled prior to the attorney joining Greenberg Traurig.
Professional & Community Involvement
· Member, State Bar of Texas
· Member, American Bar Association
· Member, College of the State Bar of Texas
· Member, Texas Young Lawyers Association
· Member, American Health Lawyers Association
· Member, Dallas Bar Association
- Health Law Section
· Member, Texas Health Presbyterian Foundation Phorum
· Fellow, Texas Bar Foundation
Awards & Recognition
· Selected by Texas Super Lawyers magazine, Texas Rising Star in the area of Health Law, 2004, 2006
Previous Employment
· Partner, Strasburger & Price, LLP
Articles, Publications, & Lectures
Articles
· Author, "All Hat and No Cattle: Texas Supreme Court Addresses Lawsuits Against Healthcare Providers Which Lack Evidentiary Support," April 2007
· Author, "The Defense Lawyer's Role In Summary Jury Trials: Planning, Preparation, and Performance," Texas Association of Defense Counsel, Park City, Utah, February 2001
· Author, "Medical Liability Update," Texas Health Law Conference, Irving, Texas, November 1999
Speeches
· Speaker, "Nurse Practitioners in the ER and the Legal Requirement of Patient Advocacy," University of Texas at Arlington, Arlington, Texas October 5, 2007
· Speaker, "Malpractice Issues, Legibility and Documentation," Plaza Medical Center of Forth Worth, Fort Worth, Texas, May 2003
· Speaker, "National Trends in Medical Professional Liability," Texas Podiatric Medical Association Conference, Dallas, Texas, August 2002
· Speaker, "Anatomy of a Medical Malpractice Lawsuit," Baylor Hospital Oral Surgery Department, Dallas, Texas, October 2001
· Speaker, "Summary Jury Trials: Spare the Words and Spoil the Trial?" Advanced Medical Malpractice Conference, Santa Fe, New Mexico, March 1999
Member: State Bar of Texas; American Bar Association; College of the State Bar of Texas; Texas Young Lawyers Association; American Health Lawyers Association; Dallas Bar Association (Member, Health Law Section); Texas Bar Foundation.
Practice Areas: Health & FDA Business; Litigation; Pharmaceutical & Medical Device Litigation.Email: Joseph F. Coniglio
John C. Dickey (Shareholder) born 1957; admitted to bar, 1986, Texas; U.S. Court of Appeals, Federal Circuit; U.S. Court of Appeals, Fifth Circuit; U.S. District Court for the Northern District of Texas. Education: Texas Christian University (B.S., 1981); Texas Christian University (M.P.A., 1983); St. Mary's University School of Law (J.D., 1986).
John C. Dickey concentrates his practice in domestic and international corporate and commercial law. His practice includes international transactional and corporate matters involving the fields of technology, software, telecommunications, aerospace and government contracts. He also has varied experience in many other fields.
John counsels a variety of international businesses and individuals with complex cross border endeavors throughout Asia, Europe, Latin America, and the United States. His experience in international business, corporate, securities, and financial matters includes joint ventures, mergers and acquisitions, investment agreements, distribution agreements, letters of credit, trade finance, business organizations (including corporate governance and regulatory compliance), and strategic partnering arrangements.
John regularly represents emerging public and private growth companies in connection with sophisticated international and domestic transactions as well as business organization and corporate governance matters. He also advises foreign investors on United States legal issues and United States companies on dealings with foreign companies and investment.
John has handled many aspects of corporate practice including: negotiation of sophisticated joint development agreements, technology transfer agreements, software development agreements, OEM and manufacturing agreements; advising clients on issues in distribution law (including distributor and dealer arrangements); antitrust law compliance and regulatory compliance issues; intellectual property protection (including trademarks, copyrights, trade secrets) and licensing; negotiation of venture capital financing arrangements; United States regulatory and export controls compliance; syndicated private placements, acquisitions, mergers, restructuring transactions, control contests, tender offers, and public company financing.
In addition to corporate transactional matters, John's practice includes complex corporate governance issues and internal investigations including, corporate policy development and violation investigations involving such areas as compliance with the Sarbanes Oxley Act of 2002, the United States Foreign Corrupt Practices Act, the European Union anti-bribery initiatives, and the United States Export Laws and Regulations.
Areas of Concentration
· Mergers and acquisitions
· Private equity
· Cross border transactions
· Corporate finance
· General corporate law
· Antitrust and regulatory compliance issues
· Distribution law
Significant Representations
· Represented major national retailer in going-private transaction as part of leveraged buy-out.
· Represented an oil and gas company in its initial public filing on London AIM Market.
· Represented a technology company in its initial public filing with the Securities and Exchange Commission.
· Represented a venture capital company in the creation of a private equity hedge fund.
· Represented an international independent oil and gas exploration and production company in a roll-up of master limited partnerships.
· Represented a service corporation in merger with its subsidiary and capital raise through a private offering of preferred stock.
· Represented acquirer in leveraged buy-out transaction to purchase multiple location medical clinics as well as with leverage financing and venture capital.
· Represented public company in numerous strategic partnering and joint venture transactions in Hong Kong, South Korea, Japan and Taiwan.
· Represent licensee in negotiations of master manufacturing and distribution license for China and Taiwan with Fortune 100 company.
· Represented national retailer in spin-off of one of its major business units.
Some of the matters listed were handled prior to the attorney joining Greenberg Traurig.
Professional & Community Involvement
· Member, State Bar of Texas
· Member, American Bar Association
· Member, Dallas Bar Association
Legal Experience
· Associate General Counsel, General Dynamics Corporation
Member: State Bar of Texas; American Bar Association; Dallas Bar Association.
Languages: Chinese (Mandarin), Conversational. Practice Areas: Corporate & Securities.Email: John C. Dickey
Robert J. Dubbelde (Shareholder) born Hastings, Nebraska, September 19, 1969; admitted to bar, 1996, Texas; 2002, Pennsylvania. Education: The University of Texas at Arlington (B.B.A., Finance, 1993); The University of Texas School of Law (J.D., 1996) Member, Texas Law Review; Associate Editor, Texas Law Review.
Robert J. Dubbelde serves as bond counsel and underwriter's counsel for general obligation and revenue bonds for cities, counties, special districts, school districts, and state agencies. He also acts as purchaser's, credit enhancer's, and underwriter's counsel on asset securitizations involving tax-exempt bonds and on private activity and 501(c)(3) tax-exempt bond financings such as multi-family and student housing bonds, single-family mortgage bonds, and health care financings. Rob has lectured throughout Texas on ethical requirements and investing public funds.
Areas of Concentration
· Private activity and 501(c)(3) tax-exempt bond financings, including, private placement and public offerings of multi-family and student housing bonds for new construction or acquisition and rehabilitation of existing projects; public offerings of single-family bonds for new mortgage programs; and public offerings of 501(c)(3) bonds for a variety of facilities
· Asset securitizations involving tax-exempt bonds and tax credits
· Swap agreements for control of interest rate risk in variable rate transactions and as guarantees for tax credit syndication transactions
· Bond Counsel and Underwriter's Counsel for General Obligation Bonds, Revenue Bonds, Certificates of Obligation, Bond Anticipation Notes, and other similar securities
Significant Representations
· Bond Purchaser's counsel for the private placement of over $300 million in private activity and 501(c)(3) multi-family bonds.
· Counsel to credit enhancers involving the use of swap agreements to guarantee tax credit syndication investments.
· Bond counsel to major city regarding issuance of over $600 million in airport revenue refunding bonds.
· Underwriter's counsel on multiple 501(c)(3) transactions for various public facilities including theaters, museums, schools, health care facilities and similar type facilities.
· Borrower's counsel on multiple Liberty Bond transactions for new housing facilities in lower Manhattan totaling over $500 million.
Professional & Community Involvement
· Member, National Association of Bond Lawyers
· Member, Philadelphia Bar Association
· Member, Texas Association of Local Housing Finance Agencies
Articles, Publications, & Lectures
Speeches
· Hazards of Investing Public Funds, Presented to the Texas Association of Counties in October 2000 & 2001.
· Fiduciary Responsibilities of Investing Public Funds, Presented to the Texas Public Funds Investment Act Conference in November 2000 & 2001.
· Fundamentals of Bond Law, Presented to the National Association of Local Housing Authorities in December 2001.
Member: Philadelphia Bar Association; National Association of Bond Lawyers.
(Also at Philadelpia, PA Office). Practice Areas: Public Finance.Email: Robert J. Dubbelde
Hugh E. Hackney (Shareholder) born McGregor, Texas, July 17, 1944; admitted to bar, 1970, Texas; U.S. Court of Appeals, Fifth Circuit; 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; Supreme Court of the United States. Education: Southern Methodist University (B.A., 1966); Southern Methodist University School of Law (J.D., 1970); University of Wales (Rotary International Ambassador Scholar and NCAA Scholar Athlete, 1967).
Hugh Hackney serves as the chair of the international dispute resolution and arbitration practice group. Hugh has participated in international arbitrations involving disputes in Russia (expropriation of facilities), Kazakhstan (expropriation of an oil field interest), Japan (litigation over a breach of contract), Spain (litigation involving contract dispute), Kuwait (ownership of first private project for the national petroleum industry) and numerous other matters including power plant projects in India and the United States. Hugh has tried numerous cases to a jury verdict and more than 135 arbitrations domestically and internationally, and is a member of the College of Labor and Employment Lawyers, the International Bar Association, the Society of International Business Fellows, the Chartered Institute of Arbitrators, and the London Court of International Arbitration.
He focuses his practice on international law, fraud and asset recovery, complex commercial litigation, global employment law, and is a board certified specialist in labor and employment and family law. Hugh has substantial experience in resolving contractual disputes; all areas of labor and employment law, including union organizational attempts and collective bargaining issues, NLRB hearings, investigations and trials, OSHA and MSHA claims, investigations and trials, FLSA claims, investigations, and trials; investigation and trial of Title VII claims, civil rights claims, wrongful termination claims, sexual harassment and other employment related claims, including international experience; international disputes, arbitration, and mediation; immigration law including intercompany transfers, processing of claims and trials. He also has experience in trade secret cases, liability and fraud cases, aircraft and airline claims, international dispute and arbitration, lender liability, oil and gas, construction law, the Texas Deceptive Trade Practices Act, RICO, family law, and wrongful termination claims.
Hugh has substantial experience appearing before federal and state administrative agencies and trying administrative cases. He is an experienced certified mediator and has completed mediation training through the American Academy of Attorney-Mediators, Inc. He is an American Arbitration Association and Committee for Public Resources certified mediator/arbitrator on national panels for commercial disputes and labor and employment issues.
Hugh has participated as a U.S. delegate and speaker at symposia on labor and employment law and economics in Russia and Azerbaijan. He has worked with clients on wide ranging matters in Azerbaijan, Cameroon, the Czech Republic, China, Costa Rica, Georgia, Kazakhstan, Kuwait, Mexico, Niger, Nigeria, Romania, Russia, and Turkey. He has delivered lectures in Azerbaijan, Georgia, Mexico, Panama, and Turkey on legal issues. He lectured at the EWI-SIBF Central Eurasian Leadership Alliance two-week course in Istanbul, Turkey. He has assisted in the Dedman School of Law at Southern Methodist University in a State Department project to improve understanding of the Western legal system and the Rule of Law in the countries of Oman, Qatar, Indonesia, Malaysia, and Brunei.
Areas of Concentration
· International litigation and arbitration
· Fraud and asset recovery
· Labor and employment law
· Commercial litigation
· Regulatory investigations
· Contractual disputes
· Construction law
· Insurance law
· Family law
Significant Representations
· Represent national and international banks in fraud and asset recovery cases and large loan cases involving office buildings, construction, oil and gas operations, large ranches, and agricultural operations. Defend banks and financial institutions in bad faith lending cases, usury cases, and wrongful inducement to lend matters.
· Represent national and global corporations in all issues involving labor and employment law, including, but not limited to, negotiation of collective bargaining agreements with American unions and international trade unions; and representation of clients before various governmental agencies, both nationally and internationally.
· Represent national and global corporations in all forms of complex commercial litigation including, theft of trade secrets and confidential information, breach of contract, covenants not to compete, non-disclosure agreements and solicitation of employees, violations of the Computer Fraud and Abuse Act, tortious interference with contract and other business torts.
· Represent clients in international arbitrations involving oil and gas, repatriation of properties, distribution agreements, contract disputes, construction issues, and sales contracts.
· Represent clients and companies in insurance matters including, coverage, liability, and arbitration of claims.
· Serve as a mediator in national and international disputes, and as an arbitrator for national and international disputes.
· Represent Native American Nations in negotiation of agreements involving contract issues, gaming licenses, and representation before governmental agencies.
· Represent high wealth individuals in all matters involving family law, including preparation of pre and post nuptial agreements.
· Represent medical technology transfer corporation in all matters, including negotiations and structuring of national and international transfers and ventures.
· Represented numerous insurance companies in first and third party insurance litigation in a variety of different types of policies, including CGL, D&O, fidelity, construction, motor vehicle, commercial tracking, and errors and omissions policies.
· Represented numerous national insurance companies and plan administrators in employee benefit and fiduciary duty litigation under ERISA.
Some of the matters listed were handled prior to the attorney joining Greenberg Traurig.
Professional & Community Involvement
· Fellow, The College of Labor and Employment Lawyers
· Fellow, Texas Bar Foundation
· Fellow, Dallas Bar Foundation
· Fellow, Houston Bar Foundation
· Member, International Bar Association
· Member, American Bar Association, Employment Law Section
· Member, State Bar of Texas, ADR Section and Employment Law Section
· Member, Houston Bar Association
· Member, Dallas Bar Association, ADR Section and Employment Law Section
· Former President and Chair of the Board, Society of International Business Fellows
· Chair, Labor and Employment Law Advisory Committee, Texas Board of Legal Specialization
· Advisor, Study of Coca-Cola's entry into the new market economics in Poland and Romania
· Member, CPR Panel on Labor and Employment Law
· Member, American Arbitration Association Panel on Labor and Employment Law
· Member, National Arbitration Forum Panel of Arbitrators and Mediators
· Member, The Chartered Institute of Arbitrators
· Member, London Court of International Arbitration
· Diplomat, National Institute of Sports
· Honorary Consul, Republic of Romania in the State of Texas
· Fellow, Society of International Business Fellows
· President, Society of International Business Fellows
· Chairman of the Board, Society of International Business Fellows
· Member, Board of Foundation of Society of International Business Fellows
· Member, International Advisory Board, United States Postal Service
· Chairman, International Committee, Texas Association of Business and Chamber of Commerce (Dallas Chapter)
· Board, Gulf Coast Chapter, Leukemia Society of America
· Board and Chair, Houston Volunteer Lawyers
· Participant, United States Army War College, 1989
· Member, Advisory Board, Russian-American Society
· Member, Human Rights Commission, USSR, 1990-1992
· Member, Advisory Board, American College of Hyperbaric Medicine
Awards & Recognition
· Listed, Best Lawyers in America, 2008-2010
· Listed, Texas' Best Lawyers, 2009
· Selected by Super Lawyers magazine and Texas Super Lawyers magazine, 2003-2008
· Fellow, College of Labor and Employment Lawyers
Other Experience
· Board Certified in Labor and Employment Law and Family Law by the Texas Board of Legal Specialization
Articles, Publications, & Lectures
Articles
· Co-author of a wind power article for The ICC UK Official Energy Handbook, 2008
Lectures
· Speaker, USSR-USA Symposium on Law and Economics
· Speaker, Azerbaijan-USA Symposium on Law and Economics
· Speaker, How to Resolve International Commercial Disputes, Singapore
· Speaker, How to Resolve International Commercial Disputes, Beijing
· Speaker, Anti Competition Law and its Impact on China, Shanghai
· Speaker, Central Eurasian Leadership Alliance, Istanbul
· Speaker, Cross Border Litigation, Mexico City
Fellow, The College of Labor and Employment Lawyers; Texas Bar Foundation; Dallas Bar Foundation; Houston Bar Foundation.
Member: International Bar Association; American Bar Association (Member, Employment Law Section); State Bar of Texas (Member, ADR Section and Employment Law Section); Houston Bar Association; Dallas Bar Association (Member, ADR Section and Employment Law Section); American Arbitration Association (Member, Panel on Labor and Employment Law); Texas Association of Business and Chamber of Commerce (Member, Dallas Chapter; Chairman, International Committee). (Board Certified, Labor and Employment Law and Family Law, Texas Board of Legal Specialization). Practice Areas: International Dispute Resolution; Global Asset Recovery; Global Labor & Employment; Energy & Natural Resources; Climate Change; Carbon Credits; Pharmaceutical & Medical Device Litigation; American Indian Law.Email: Hugh E. Hackney
Tanya D. Henderson (Shareholder) born McKinney, Texas, 1972; admitted to bar, 1998, 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 Eastern District of Texas; U.S. Court of Appeals, Fifth Circuit Court of Appeals; U.S. District Court for the Western District of Texas. Education: University of North Texas (B.A., magna cum laude, 1994); Texas Tech University School of Law (J.D., summa cum laude, 1998) Order of the Coif; Texas Tech Law Review.
Tanya D. Henderson's practice involves representing clients in a wide variety of commercial litigation matters in both state and federal courts. Tanya has experience in representing financial institutions in litigation involving claims for fraud, breach of fiduciary duty, Deceptive Trade Practices Act, Truth in Lending, RESPA, Texas home equity violations, Fair Credit Reporting Act violations, usury and Bank Secrecy Act violations. Tanya has also represented clients in all aspects of real estate litigation including representation of developers, title companies, owners, sellers, and purchasers with regard to foreclosures, commercial landlord tenant disputes, deed restrictions and title issues. She has experience representing clients in the transportation industry and specifically with disputes involving rail transportation services. She has also represented clients in intellectual property disputes and other general contract and business disputes.
Areas of Concentration
· Commercial litigation
· Financial services litigation
· Real estate litigation
Professional & Community Involvement
· CREW - Commercial Real Estate Women
· Greater Dallas Chamber of Commerce Women's Business Conference Committee
· National Association of Women Lawyers
· Member, State Bar of Texas
· Member, Dallas Bar Association
- Judiciary Committee
· Member, Dallas Association of Young Lawyers
· Member, Texas Women Lawyers
Awards & Recognition
· Selected by Super Lawyers magazine and Texas Super Lawyers magazine - Rising Stars Edition, 2005, 2007-2009
Member: Greater Dallas Chamber of Commerce Women's Business Conference Committee; National Association of Women Lawyers; State Bar of Texas; Dallas Bar Association (Member, Judiciary Committee); Dallas Association of Young Lawyers; Texas Women Lawyers.
Practice Areas: Litigation; Real Estate Litigation; Real Estate Operations; Financial Services Litigation.Email: Tanya D. Henderson
Clifton R. Jessup, Jr. (Shareholder) born Detroit, Michigan, March 12, 1955; admitted to bar, 1979, Nebraska; 1990, Texas; U.S. Court of Appeals, Ninth Circuit; U.S. Court of Appeals, Sixth Circuit; U.S. District Court for the District of Nebraska; 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: Oakwood College (B.A., summa cum laude, 1976); University of Michigan Law School (J.D., 1978).
Clifton R. Jessup, Jr. concentrates his practice in creditors' rights, business reorganization and bankruptcy.
He has represented secured creditors, unsecured creditors, committees, equity holders, debtors, and trustees in federal bankruptcy cases in over 37 states. He began his practice in the year that the Bankruptcy Reform Act of 1978 went into effect and has participated in the development of the bankruptcy law around the country.
Clifton has represented lenders, lessors and lessees with interests in many types of property. He has also been retained to represent lenders, lessors and lessees in many cases where the risk of bankruptcy was present. He has represented purchasers of assets in bankruptcy cases, and has confirmed Chapter 11 plans for debtors and creditors in five states.
He was appointed the Examiner in the Megafoods Stores and related cases in 1996 in Phoenix, Arizona, and was selected as the Estate Representative under the Plan confirmed in those cases in 1998. In 2001, he was selected as the Liquidating Trustee under the confirmed Chapter 11 Plan in the Baptist Foundation of Arizona, the largest not-for-profit bankruptcy cases filed to date. The cases involve 11,000 investors and claims in excess of $600 million. Clifton was also appointed as Examiner in the Tri-Union Development Corporation case, a multi-million dollar oil and gas development company, in the Houston Division of the Southern District of Texas.
Areas of Concentration
· Bankruptcy law
· Business law
· Creditors' rights
· Corporate reorganization
Professional & Community Involvement
· Served on the North Texas Regional Mental Health Board
· Currently serves on the Board of Trustees of Oakwood College, Huntsville, Alabama
· Member, Texas State Bar
· Member, American Bar Association
Awards & Recognition
· Listed, Best Lawyers in America, 1999-2010
· Listed, Texas' Best Lawyers, 2009
· Listed, Chambers & Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2006-2009 editions
· Listed, Legal 500 US, 2009 edition
· Selected by Super Lawyers magazine -- Corporate Counsel Edition, Bankruptcy & Creditor/Debtor Rights, 2009
· Selected by Super Lawyers magazine and Texas Super Lawyers magazine, 2003-2008
· Recognized, one of America's Top Black Lawyers in Black Enterprise Magazine, November 2003
· Master in the John C. Ford American Inns of Court
Articles, Publications, & Lectures
Lectures
· Speaker, Annual Midwestern Bankruptcy Institute
· Speaker, State Bar of Texas Advanced Business Bankruptcy Seminar
· Speaker, Central California Bankruptcy Association Institute
· Speaker, Southwestern Bankruptcy Conference of the American Bankruptcy Institute
· Speaker, Alabama Bar Bankruptcy Conference
· Speaker, Louisiana State Bar Bankruptcy Conference
· Speaker, Oklahoma State Bar Bankruptcy Conference
· Speaker, Arizona State Bankruptcy Conference
· Speaker, University of Texas Annual Bankruptcy Conference
· Speaker, 1988 National Conference of Bankruptcy Judges in San Diego
· Speaker, 2006 National Conference of Bankruptcy Judges in San Francisco
Member: State Bar of Texas; American Bar Association.
Practice Areas: Business Reorganization & Bankruptcy.Email: Clifton R. Jessup, Jr.
Christopher M. Joe (Shareholder) born Memphis, Tennessee, 1969; admitted to bar, 1993, Texas; U.S. Court of Appeals, Federal Circuit; U.S. Court of Appeals, Fifth Circuit; 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; U.S. Court of Federal Claims. Education: Duke University (A.B., Political Science, 1990); Southern Methodist University School of Law (J.D., cum laude, 1993) SMU Law Review Board of Editors; SMU Moot Court Board; Phi Delta Phi.
Chris Joe's practice is focused primarily on high stakes intellectual property and complex commercial litigation. He has successfully prosecuted several trial victories on behalf of his clients, including a $41 million judgment against a major oil and gas drill bit manufacturer in a patent infringement case, which settled in excess of $30 million to the client, a multimillion dollar jury verdict against a national bank in a breach of contract/lender liability matter, and a $2.23 million judgment in a breach of lease guaranty claim against a Fortune 500 electronics retailer. Chris has successfully defended numerous clients in intellectual property, trade secret, antitrust, contract, fraud, and other complex commercial lawsuits. In particular, he has handled intellectual property litigation throughout the United States and has significant experience litigating patent infringement cases in Texas, especially in the "rocket docket" courts of the Eastern District of Texas.
Areas of Concentration
· Intellectual property
· Patents
· Intellectual property licensing
· Trademarks
· Trade secrets
· Intellectual property litigation
· Commercial litigation
· Antitrust
· Contract
Key Clients
· Agfa
· Belo Corporation
· Best Western International
· Collective Brands
· ECOsmarte Planet Friendly
· EFW, Inc.
· Elbit Systems of America
· Fiber Systems International
· Fujitsu
· Groove Labs
· IonX Holdings
· McLeod USA Telecommunications
· Payless ShoeSource
· Pentair
· Quanta Computers Inc.
· RadioShack
· Remington Hotels
· Remy International
· Techmedica Health
· Trinity Industries
· VegasInsider.com
· Watson Pharmaceuticals
Significant Representations
· Intellectual Property Litigation
· Defended footwear retailer in patent suit related to spring technology.
· Defended electronics manufacturer in patent suit related to iPod systems.
· Defended electronics manufacturer in patent suit related to computer routing systems.
· Defended hotel membership organization in patent suits related to internet advertising and internet routing systems.
· Represented major oil and gas drill bit manufacturer in patent infringement suit resulting in $24 million jury verdict and $41 million final judgment after addition of enhanced damages, attorneys' fees and interest in favor of client, which settled in excess of $30 million.
· Successfully defended publicly held newspaper, television and media company in lawsuit asserting infringement of patents alleged to cover internet search methods on web sites and obtained summary judgment in favor of client.
· Represented publicly held mobile telecommunications services company in lawsuit asserting contract, fraud, theft of trade secrets, and patent infringement claims against leading long distance carrier obtaining multimillion dollar settlement in favor of client.
· Defended major manufacturer of mobile telecommunications equipment in patent infringement litigation obtaining dismissal with prejudice of three asserted patents.
· Defended mobile telecommunications services company in suit asserting theft of trade secrets resulting in dissolution by court of ex parte TRO initially obtained by plaintiff and subsequent voluntary dismissal by plaintiff of all claims against client.
· Represented a multi-national manufacturer of microprocessors in patent litigation.
Commercial Litigation
· Represented start-up company in lender liability lawsuit against major bank resulting in a jury verdict and judgment for client of $12 million, which settled for $1 million.
· Defended major oil and gas services company in breach of contract case in which plaintiff sought $1 billion in damages resulting in a jury verdict and settlement favorable to client.
· Represented plaintiffs in breach of guaranty lawsuit against major electronics retailer over the failure to honor lease agreements held by a subsidiary resulting in jury verdict and judgment for clients of $2.23 million.
· Represented major direct seller and multilevel marketer of home decorative and gift products in misappropriation of trade secrets and unfair competition lawsuit against competitor which resulted in several million dollar settlement in favor of client.
· Defended mobile telecommunications services company in suit asserting contract, fraud, and DTPA claims resulting in dismissal with prejudice of most of the claims and subsequent settlement for nuisance value.
Antitrust
· Represented plaintiffs in antitrust class action against major photocopier manufacturer resulting in settlement in excess of $50 million.
· Defended major multinational carbon electrode manufacturer in multimillion dollar antitrust litigation which resulted in settlement favorable to client.
Construction
· Represented general contractor against major oil and gas drilling company in contract and fraud litigation resulting in a jury verdict and judgment for client in excess of $1 million.
Securities Litigation
· Prosecution of securities and investment suitability claims against major brokerage firm.
Some of the matters listed were handled prior to the attorney joining Greenberg Traurig.
Professional & Community Involvement
· Member, State Bar of Texas
· Fellow, Texas Bar Foundation
· Member, American Bar Association
· Member, Dallas Bar Association
· Member, Dallas Association of Young Lawyers
· Fellow, Dallas Association of Young Lawyers Foundation
· Member, Dallas Asian American Bar Association
· Member, Texas Young Lawyers Association
· Member, National Asian American Bar Association
· Member, Federal Bar Association
· Member, Bar Association of the Fifth Federal Circuit
· Member, Greater Dallas Asian American Chamber of Commerce
· Member, Pro Bono College of the State Bar of Texas
· Member, State Bar of Texas Diversity Task Force
· Coach, 2006 Southern Methodist University Law School Mock Trial Team
· eMentor, Dallas Independent School District
· Member, Duke University Alumni Admissions Committee
Awards & Recognition
· Selected by Super Lawyers magazine and Texas Super Lawyers magazine - Rising Stars Edition, 2006 - 2008
Articles, Publications, & Lectures
Articles
· Author, "Application of the Fair Debt Collection Practices Act to Attorneys," American Bar Association Consumer & Personal Rights Litigation Newsletter, December 1995
· Note, "Can We Express Ourselves Dancing Naked? - Barnes v. Glen Theatre," 46:1 SMU Law Review 263, 1992
Lectures
· Speaker, "The Practice of Law -- Litigation vs. Transactional Work," Southern Methodist University Asian American Law Students Association, Dallas, Texas, October 24, 2006
· Speaker, "A Corporate Counsel's and Executive's Guide to Patent Litigation in the Eastern District of Texas -- What to Expect and How to Prevail," Belo Mansion, Dallas, Texas, February 22, 2006
· Speaker, "Patent Litigation Strategy in The Eastern District of Texas: A View from the Trenches and the 'Black Pearl'," Palo Alto, California, June 26, 2008
Fellow: Texas Bar Foundation; Dallas Association of Young Lawyers Foundation.
Member: State Bar of Texas; American Bar Association; Dallas Bar Association; Dallas Asian American Bar Association; Texas Young Lawyers Association; National Asian American Bar Association; Federal Bar Association; Bar Association of the Fifth Federal Circuit; Greater Dallas Asian American Chamber of Commerce; Pro Bono College of the State Bar of Texas. Practice Areas: Intellectual Property Litigation; Intellectual Property & Technology.Email: Christopher M. Joe
Christopher M. LaVigne (Shareholder) born Warren, Michigan, May 14, 1974; admitted to bar, 2000, Texas; U.S. Court of Appeals, Eleventh Circuit; U.S. Court of Appeals, Fifth Circuit; U.S. Court of Appeals, Ninth Circuit; U.S. Court of Appeals, Tenth Circuit; U.S. District Court for the District of Colorado; U.S. District Court for the Eastern District of Arkansas; 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 Arkansas; U.S. District Court for the Western District of Texas. Education: Wayne State University (B.A., cum laude, 1997) National debate champion; Assistant coach and mentor to high school students; Baylor University School of Law (J.D., cum laude, 2000) Leon Jaworski Scholar for Outstanding Advocacy; Baylor Mock Trial Team, National finalist; Baylor Law Review.
Christopher M. LaVigne has a national practice that is devoted to complex commercial litigation, including contractual disputes, issues of corporate governance, theft of trade secrets, unfair competition, covenants not to compete, fraud, deceptive trade practices, and other business claims. Chris also has substantial experience in first and third party insurance coverage litigation, bad faith litigation, ERISA litigation, labor and employment litigation, and the unauthorized practice of medicine/dentistry.
Over the past several years, Chris has served as co-counsel in many significant commercial and insurance disputes pending in more than 25 different federal districts in over 20 states. In the past several years, Chris has participated in numerous federal jury trials and arbitration proceedings. In addition, Chris has significant experience in the appellate process, arguing cases before both the Texas appellate courts and the Fifth Circuit Court of Appeals.
Areas of Concentration
· Commercial litigation
· Insurance litigation
· Construction litigation
· Healthcare litigation
· Labor and employment litigation
· Appellate
· Corporate governance litigation
· Unfair competition and deceptive trade practices litigation
· Trade secret, non-disclosure, non-solicitation and covenant not to compete litigation
Significant Representations
· Representing surety company in connection with complex construction defect litigation arising out of failure of several gas processing plants in Louisiana. After a five month jury trial, obtained favorable multimillion dollar jury verdicts in favor of surety client and contractor obligee on various breach of contract, quasi-contract, and tort claims, including punitive damages in favor of insurance company client. This verdict has been named as the second most significant jury verdict for 2006 by the publication Verdict Search.
· Representing a major manufacturer of fiber optic connectors for the military in three lawsuits pending in Texas state and federal court and two commercial arbitration proceedings against five former officers, directors, and shareholders of the company alleging, among other things, theft of trade secrets, violations of the Computer Fraud and Abuse Act, breach of fiduciary duty, tortious interference with contract, and breaches of certain representations and warranties contained in a stock purchase agreement.
· Representing various minority shareholders in connection with complex corporate governance litigation arising out of sale of two Texas closely held limited liability companies.
· Representing individual in tortious interference claim against California company in connection with claims of interference with existing and prospective business relations.
· Representing various companies in front of AAA arbitration panels in Florida and Utah in connection with various business tort claims, including unfair competition, tortious interference, fraud and violation of various state and federal laws governing the issuance of franchise licenses.
· Represented major employer in connection with class action Fair Labor Standard Act case and obtained agreed decertification of class following substantive stage two decertification briefing.
· Represented major computer memory manufacturer in litigation in state court in Idaho against former President and General Manager of the company alleging, among other things, theft of trade secrets, breach of fiduciary duty, conversion and tortious interference with prospective economic advantage arising from the officers' establishment of a competing venture.
· Represented major Texas investment company in three lawsuits pending in federal court in Texas and New York for, among other things, breaches of the terms of several investment agreement and related transaction documents, fraud, deceptive trade practices, civil conspiracy and tortious interference with contract resulting from a cancelled business relationship with a major New York investment company.
· Represented numerous major employers and unions in various age discrimination and sexual harassment lawsuits.
· Represented a group of approximately 65 orthodontists in multi-state litigation involving over 35 lawsuits pending in various federal and state courts in 13 states against a practice management company alleging, among other things, breach of contract, violations of various states' Dental Practices Acts, fraud, and deceptive trade practices in connection with the performance of the company under certain service agreements, asset purchase agreements, employment agreements, and other related transaction documents.
· Represented numerous insurance companies in first and third party insurance litigation in a variety of different types of policies, including CGL, D&O, fidelity, construction, motor vehicle, commercial tracking, and errors and omissions policies.
· Represented numerous national insurance companies and plan administrators in employee benefit and fiduciary duty litigation under ERISA.
· Represented a large commercial trust company in litigation against the State of Florida in connection with breach of fiduciary duty claims arising out of the management of a trust account established by an alien surplus lines company under NAIC rules to conduct business in the United States.
· Represented various construction companies in litigation relating to the applicability and enforceability of contractual indemnity and contribution agreements.
· Represented a major owner of apartment complexes in negligence and breach of contract claims brought by tenants.
· Represented a national company that writes and owns structured settlement agreements against claims of tortious interference and unfair business practices brought by a major factoring company.
· Recent Trial Experience
· After a five month trial in state court Houston, Texas obtained a favorable multimillion dollar jury verdict in favor of surety client and contractor obligee, July 2006.
· After a two week arbitration before a commercial litigation panel of the AAA in Dallas, Texas, which included substantial post-hearing briefing, obtained a favorable ruling that certain respondents breached the representations and warranties contained in a Stock Purchase Agreement. Subsequently, obtained summary judgment and confirmation of arbitration award in response to various attempts to vacate the award, July 2005 (arbitration); June 2006 (confirmation).
· After a one week trial in federal court in Tyler, Texas received a favorable jury verdict that certain defendants violated the federal Computer Fraud and Abuse Act in connection with their termination of employment with client. Although the trial court set aside the jury verdict, the Fifth Circuit Court of Appeals overruled the trial court and reinstated the jury verdict, March 2005 (trial); November 2006 (appeal).
· After a three week trial in federal court in Atlanta, Georgia received a favorable jury verdict on behalf of a group of orthodontists terminating a 20 year service agreement and awarding clients almost $1 million in attorneys' fees, May 2004.
· After a four week trial in federal court in Miami, Florida on a complicated contractual dispute, obtained a favorable settlement on behalf of a group of orthodontists resulting in a significant cash payment to client and termination of a 20 year service agreement, July 2003.
Reported Cases
· Robert C. Penny et al. v. OrthAlliance, Inc., 255 F. Supp. 2d 579 (N.D. Tex. 2003). In a case of first impression, obtained summary judgment on behalf of a group of Texas orthodontists on the grounds that 20 year service agreements between orthodontists and a practice management company violated the prohibition on the corporate practice of dentistry contained in the Texas Dental Practices Act.
· Royal Insurance Company of America v. Hartford Underwriters Insurance Company, 391 F.3d 639 (5th Cir. 2004). Obtained summary judgment at the district court level on behalf of insurer in a case regarding the application of competing "other insurance" clauses. In a landmark case regarding the application of such clauses, the Fifth Circuit reinterpreted Texas law to find a conflict in such provisions in almost every case.
· In re OthAlliance, Inc. Contract Litigation, 350 F. Supp. 2d 1354 (J.P.M.L. 2004). Represented approximately 65 different clients before the judicial panel on multidistrict litigation and successfully prevented the consolidation and transfer of numerous cases to the forum of the opponent's selection.
· Prieto v. John Hancock Life Insurance Company, 132 F. Supp. 2d 506 (ND Tex. 2001). Successfully defended the district court's order granting clients' motion for summary judgment based on statute of limitations in a significant case regarding "vanishing premium" life insurance policies.
· Reported Cases on Westlaw
· Hartford Casualty Insurance Company v. Executive Risk Specialty Insurance Company, 2004 WL 2404382 (Tex. App. -- Dallas, Oct. 28, 2004). In a case of first impression under Texas law, successfully reversed the trial court's order granting opponent's motion for summary judgment and denying client's motion for summary judgment in a case regarding what constitutes "other insurance" for purpose of allocating insurance coverage.
· Other Significant Decisions
· In two cases of first impression, obtained summary judgment on behalf of a group of Washington orthodontists (March 1, 2004) and Colorado orthodontists (April 26, 2004) on the grounds that certain 20 year service agreements between orthodontists and a practice management company violated the prohibition on the corporate practice of dentistry contained in the Washington and Colorado Dental Practices Act.
· In a case of first impression, obtained a summary judgment on behalf of a group of California orthodontists (December 2, 2002) and Georgia orthodontists (April 16, 2004) on the grounds that certain covenants not to compete contained in service agreements and employment agreements between orthodontists and a practice management company constituted an unlawful restraint on trade and were therefore void and unenforceable.
· In a case of first impression, obtained a dismissal with prejudice for failure to state a claim on behalf of an employer in connection with claim for national origin and race discrimination alleging that employer's purported policy requiring employees to be bilingual constituted a violation of Texas law. The dismissal was affirmed on appeal by the Fifth Circuit Court of Appeals and client was awarded costs.
Some of the matters listed were handled prior to the attorney joining Greenberg Traurig.
Professional & Community Involvement
· Member, State Bar of Texas
· Member, Dallas Association of Young Lawyers
· Member, Dallas Bar Association
· Member, Texas Young Lawyer's Association
· Member, American Bar Association
· Volunteer, Leukemia and Lymphoma Society
Awards & Recognition
· Selected by Super Lawyers magazine and Texas Super Lawyers magazine -- Rising Stars Edition, 2009
Previous Employment
· Associate, Locke Liddell & Sapp, Dallas office, August 2000 - February 2005
Internship
· Intern, United States Attorney's Office for the Western District of Texas, August 1998 - November 1998
Other Experience
· Assistant District Attorney with the Lawyers on Loan program -- over 30 jury and bench trials
Articles, Publications, & Lectures
Articles
· "Bloods, Cripts, and Christians: Fighting Gangs or Fighting the First Amendment," Baylor Law Review, Spring 1999
Miscellaneous
· Assisted in drafting CLE materials for national paralegal conference regarding federal practice and procedure
Member: State Bar of Texas; Dallas Association of Young Lawyers; Dallas Bar Association; Texas Young Lawyer's Association; American Bar Association.
Practice Areas: Litigation.Email: Christopher M. LaVigne
Michael L. Malone (Shareholder) born Cedar Rapids, Iowa, September 11, 1948; admitted to bar, 1973, Texas. Education: Texas Christian University (B.A., 1970) Phi Alpha Theta; Phi Eta Sigma; The University of Texas School of Law (J.D., 1973) Phi Alpha Delta.
Michael L. Malone has a business and finance practice that focuses primarily on the representation of health care clients and institutions engaged in the issuance and administration of public debt offerings.
Mike represents hospitals, hospital districts, physicians, physician groups, physician practice management companies, and other health care industry clients in a variety of transactional matters. These include mergers and acquisitions, the development of hospitals and other facilities, leases, managed care contracting, physician/hospital contracts, antitrust and regulatory counseling, employment contracts, taxable and tax-exempt financing, formation and reorganization of business and professional organizations, including physician/hospital joint ventures, sale and acquisition of assets, insolvencies and workouts; and related information technology and real estate matters.
He also devotes a substantial portion of his time to the representation of corporate trustees and institutional investors in connection with the issuance and sale of securities, the administration of grantor royalty trusts and the administration of public debt financings, including in particular, default administrations. His work in default administration has included restructurings as well as liquidations, including foreclosures, receiverships, and bankruptcies.
Areas of Concentration
· Antitrust
· Capital markets and securities
· Financial institutions litigation
· Health litigation
· Health public policy group practice
· Health transactions
· Mergers and acquisitions
· Public finance / municipal bonds
· Structured finance
· Texas regulatory
Significant Representations
· Represented hospitals, physician practice management companies, and physician groups in the purchase and sale of facilities and other assets
· Advised institutions and individuals in the development of hospitals, ambulatory surgery centers, and other free-standing facilities
· Advised hospitals and physician groups on the organization of joint ventures
· Advised physicians and physician groups in the formation, reorganization, and expansion of group practices
· Counseled health care provider organizations regarding applicability of antitrust "safety zones"
· Advised hospitals and provider groups in managed care recovery efforts
· Represented trustees, issuers, and obligors in connection with the issuance of more than $1.5 billion of taxable or tax-exempt securities since 1996
· Advised corporate trustees and institutional holders of debt in the default administration of securities in excess of $200 million
· Advised corporate trustees in the administration of publicly traded and privately held grantor royalty trusts
Some of the matters listed were handled prior to the attorney joining Greenberg Traurig.
Professional & Community Involvement
· Member, American Health Lawyers Association
· Member, State Bar of Texas {newline}- Health Law Section
Awards & Recognition
· Listed, Best Lawyers in America, 1991-2009
· "Outstanding Physician Practice Lawyers," Nightingale's Healthcare News, 2007
· "Outstanding Healthcare Transaction Lawyers," Nightingale's Healthcare News, 2004-2005
· Chambers USA: America's Leading Lawyers for Business in healthcare law, 2004
· Selected by Super Lawyer magazine and Texas Super Lawyer magazine in health care law, 2003-2004
Articles, Publications, & Lectures
Lectures
· Speaker and author on various topics relating to health industry clients
Member: State Bar of Texas (Health Law Section); American Health Lawyers Association.
Practice Areas: Health & FDA Business; Corporate & Securities; Public Finance; Financial Institutions.Email: Michael L. Malone
William L. Medford (Shareholder) born Charlotte, North Carolina, May 29, 1971; admitted to bar, 1996, Texas; U.S. Court of Appeals, Fifth Circuit; 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; U.S. District Court for the Western District of Wisconsin. Education: Southwestern University (B.S., cum laude, 1993); Baylor University School of Law (J.D., 1996).
William Medford represents the financial interests of clients prior to, during, and after involvement of the Bankruptcy Court. Whether lender or borrower, plaintiff or defendant, or lessor or lessee, Will employs efficient and creative solutions to resolve insolvency and/or other financial issues. To create such solutions, he employs his experience of representing clients in bankruptcy cases and financial dealings in over thirty states, and certain foreign countries. Further, by representing both sides of insolvency and financial disputes, Will not only develops realistic strategies for his clients, but anticipates his opponents' strategy and the Bankruptcy Court's response.
Areas of Concentration
· Bankruptcy and insolvency
· Corporate reorganization
· Creditors' rights
Significant Representations
· Represented debtor-in-possession nursing home chain, Chapter 11 plan or reorganization confirmed.
· Represented post-petition lender in Chapter 11 bankruptcy case of multi-million dollar manufactured housing company.
· Represented post-petition lender in Chapter 11 bankruptcy case of mini-mill steel plants.
· Represented post-confirmation liquidation trustees for grocery store chains and investment entities.
· Represented lender in Chapter 11 bankruptcy case of aircraft parts supply company.
· Represented purchaser of medical supply company through Chapter 11 plan of liquidation.
· Represented equity fund's purchase of sporting goods company through Chapter 11 plan of liquidation.
Some of the matters listed were handled prior to the attorney joining Greenberg Traurig.
Professional & Community Involvement
· American Bankruptcy Institute
· American Bar Association
· Dallas Bar Association
· State Bar of Texas
Awards & Recognition
· Selected by Super Lawyers magazine and Texas Super Lawyers magazine - Rising Stars Edition, 2004, 2008, 2009
Articles, Publications, & Lectures
Articles
· Bruce H. White and William L. Medford, Conducting Equity Auctions Under LaSalle - The Fog Thickens, 18 (No. 8) Amer. Bankr I. J. 20 (October 1999).
· Bruce H. White and William L. Medford, A Secured Creditor's Rights to Intellectual Property Licensed by a Debtor, 20 (No.4) Amer. Bankr. I. J. 24 (May 2001).
· Bruce H. White and William L. Medford, Post-Petition Claims and Administrative Expense Priority: Timing Alone Does Not Entitle You to Payment, 21 (No.5) Amer. Bankr. I. J. 24 (June 2002).
· Bruce H. White and William L. Medford, Section 363 Sales: Let the Buyer Beware, 21 (No.6) Amer. Bankr. I. J. 28 (July/August 2002).
· Bruce H. White and William L. Medford, The Doctrine of Necessity and Critical Trade Vendors: The Impracticality of Maintaining Post-petition Business Relations in Mega-cases, 21 (No.7) Amer. Bankr. I. J. 24 (September 2002).
· Bruce H. White and William L. Medford. The Indubitable Equivalent and Giving Debt for Dirt: Can a Debtor Force a Secured Creditor to Take Less than All of Its Collateral in Satisfaction of Its Debt?, 22 (No.1) Amer. Bankr. I. J. 38 (February 2003).
· Bruce H. White and William L. Medford. PACA Claims and Your Security Interests; Sometimes Good Guys Finish Second, Asset Based Fin. J. (April 2003).
Lectures
· "Liquidation Trustee Liability" presented to Trustees and Examiners Subcommittee for the American Bar Association Business Bankruptcy Committee at the 76th Annual Convention for the National Conference of Bankruptcy Judges.
Member: American Bankruptcy Institute; American Bar Association; Dallas Bar Association; State Bar of Texas.
Practice Areas: Business Reorganization & Bankruptcy.Email: William L. Medford
Heather E. Moulder (Shareholder) born 1973; admitted to bar, 1998, Texas. Education: The University of Texas (B.A., Economics, 1995); University of Houston Law Center (J.D., magna cum laude, 1998) Associate Editor, Houston Law Review; Member, Order of the Barons; Member, Order of the Coif.
Heather Moulder's practice focuses on asset based lending and structured finance and includes representation of borrowers, issuers, servicers and senior and subordinate lenders. Her structured finance practice includes securitization transactions involving various term structures of asset-backed securities, revolving structures through commercial paper conduit facilities and other structures for mezzanine, subordinate and residual financings involving numerous classes of assets, including single family and multi-family mortgage loans, commercial mortgage loans, auto loans, intellectual property loans, structured settlements and litigation settlements. Heather's asset based lending experience includes senior and subordinate term and revolving structures involving a broad range of assets and involves significant UCC Article 8 and Article 9 analysis.
Areas of Concentration
· Secured and unsecured commercial finance
· Energy finance
· Workouts and restructuring
· Venture capital financing
· Financial institution regulation, acquisitions and mergers
Professional & Community Involvement
· Member, Dallas Bar Association
· Member, Dallas Association of Young Lawyers
· Member, Women's Leadership Council, United Way of Metropolitan Dallas
· Member, Young Leaders Society, United Way of Metropolitan Dallas
Articles, Publications, & Lectures
Articles
· Co-Author, "Scratch and Dent Mortgage Loans: What an Investor Needs to Know," The Journal of Structured Finance, Winter 2005
Member: Dallas Bar Association; Dallas Association of Young Lawyers.
Practice Areas: Corporate & Securities; Structured Finance & Derivatives.Email: Heather E. Moulder
Daniel P. Novakov (Shareholder) born Cincinnati, Ohio, May 18, 1950; admitted to bar, 1976, Texas; U.S. District Court for the Northern District of Texas; U.S. Tax Court. Education: University of Notre Dame (B.A., 1972); University of Notre Dame Law School (J.D., 1976); Southern Methodist University School of Law (LL.M., Taxation, 1984).
Daniel Novakov's practice involves transactional tax planning for federal, state and international tax matters. He has a broad-based practice in corporate tax matters (including stock and asset acquisitions, reorganizations, spin-offs, venture capital, incorporations, shareholder and inter-corporate redemptions, and liquidations); investments (including REMICs, asset backed securities, and off shore funds); securities offerings (public and private); U.S. activities of foreign taxpayers (including foreign investment in U.S. real property, withholding and treaties); foreign activities of U.S. taxpayers (joint ventures, licensing, controlled foreign corporations, foreign personal holding companies and passive foreign investment companies); executive compensation and employee equity arrangements (stock option plans and stock purchase plans); partnerships and S corporations, charitable organizations (including private foundations); and federal and state tax controversy work (administrative and judicial).
Dan also has experience in advising clients regarding wealth planning, including wills and trusts, charitable giving strategies, family limited partnerships, and other family entities, family foundations as well as trust and estate matters.
Areas of Concentration
· Tax
· Trust and estates
· Wealth management
· Global benefits and compensation
· Structured finance and derivatives
Professional & Community Involvement
· Member, American Bar Association - Tax and Real Property, Probate and Trust Sections
· Member, State Bar of Texas - Tax and Real Property, Probate and Trust Sections
· Member, Dallas Bar Association - Tax, Probate and Trust Sections
· Member, Salesmanship Club of Dallas
Awards & Recognition
· Listed, Best Lawyers in America, 2009-2010
· Listed, Texas' Best Lawyers, 2009
· Recognized, Texas Super Lawyers, Texas Monthly, 2003-2006
Member: American Bar Association (Member, Tax and Real Property, Probate and Trust Sections); State Bar of Texas (Member, Tax and Real Property, Probate and Trust Sections); Dallas Bar Association (Member, Tax, Probate and Trust Sections); State Bar of Texas.
Practice Areas: Tax; Trusts & Estates; Wealth Management; Global Benefits & Compensation; Structured Finance & Derivatives.Email: Daniel P. Novakov
Tina M. Ross (Shareholder) born Putnam, Connecticut, 1963; admitted to bar, 1991, Connecticut; 1992, Texas. Education: University of New Hampshire (B.A., magna cum laude, 1986); The University of Texas School of Law (J.D., 1991) Order of the Coif.
Tina Ross concentrates her practice in the areas of commercial real estate, mortgage finance, construction law, and business law. She represents institutional lenders, investors, pension fund advisors, and developers regarding a variety of real estate matters including land acquisition and development, condominium development, construction financing, syndicated loan transactions, loan workouts and restructures and foreclosures, and bulk/portfolio sales and auctions of distressed assets. Although based in Dallas, she routinely represents clients in connection with commercial real estate projects throughout the United States.
Areas of Concentration
· Commercial real estate law
· Foreclosures, loan workouts and restructures
· Commercial mortgage lending (including syndicated facilities)
· Construction law, title and lien priority issues
· Commercial leasing
· Condominiums
· Business law
Significant Representations
· Representation of national banks, institutional investors and other lenders in connection with mortgage financing secured by a variety of commercial real estate products including office, industrial, warehouse, multi-family, condominium, assisted living, hotel and timeshare resorts.
· Representation of institutional lenders in connection with syndicated construction and borrowing base loan facilities.
· Representation of lenders in connection with loan workouts and restructurings including, in particular, construction loans impacted by work stoppages, contractor defaults, cost overruns, and lien claims.
· Representation of lenders regarding senior and subordinate debt and intercreditor and subordination agreements.
· Representation of lenders in connection with the sale and auction of defaulted loan and REO portfolios.
· Representation of insurance companies and other institutional investors, developers, and pension fund advisors in connection with the acquisition, sale, and/or development of office, multi-family, hotel and retail projects.
· Representation of opportunity funds and investors in connection with the acquisition of REO assets and defaulted loans.
· Representation of landlords and property managers in connection with lease negotiations and tenant issues.
· Representation of building owners in connection with the negotiation of telecommunications access and license agreements.
· Representation of national banks providing financing for the development by owners or builders of single-family subdivisions.
· Representation of developers in connection with the formation of commercial office, retail and mixed used condominium projects.
*Some of the matters listed were handled prior to the attorney joining Greenberg Traurig, LLP.
Professional & Community Involvement
· Member, State Bar of Texas
· Member, Dallas Bar Association
· Member, American Bar Association
· Member, Connecticut Bar Association
· Building Standards Commission, City of Plano, Texas, 2004-2008
· Member, The Real Estate Council, Dallas, Texas
Awards & Recognition
· Listed, Best Lawyers in America, 2009-2010
· Listed, Texas' Best Lawyers, 2009
Member: State Bar of Texas; Dallas Bar Association; American Bar Association.
Practice Areas: Real Estate; Financial Institutions.Email: Tina M. Ross
Ralph G. Santos (Managing Shareholder) born 1946; admitted to bar, 1980, Texas. Education: University of South Carolina (B.A., 1969); Vanderbilt University (M.A., 1971); William & Mary Law Schoo (J.D., 1980) Member, St. George Tucker Honor Society; Executive Editor, Special Projects, William and Mary Law Review.
Ralph Santos concentrates his practice in the areas of real estate, mortgage finance, construction law, and business law. He represents real estate developers, office, retail and industrial landlords, institutional and private investors, hospital owners and operators, pension fund advisors, life insurance companies, and financial institutions.
Although he has practiced in Texas since his graduation from law school, his practice is national in scope. Over the years, he has represented clients in connection with the acquisition, development, financing, leasing, and disposition of commercial real estate projects throughout the United States. Though his practice has largely focused on real estate, he has also represented several major for-profit hospital companies in connection with the acquisition and disposition of hospitals and hospital systems. During the late 1980s and early 1990s he devoted a substantial part of his practice to representing national banks and other financial institutions in real estate workouts and restructures involving major commercial portfolios.
Areas of Concentration
· Foreclosures, workouts and loan restructures
· Commercial real estate law
· Commercial mortgage lending
· Construction and design professional contracts
· Formation of investment partnerships and joint ventures between for-profit and non-profit hospital operators
· Hospital acquisitions and dispositions
· Commercial leasing
· Business law
Significant Representations
· Representation of landlords in connection with leasing office and industrial properties throughout the State of Texas, including sale leasebacks, equity leases, and build-to-suit leases.
· Representation of a major national bank in restructuring defaulted loan portfolio of a national real estate development company involving multiple properties located in the West and Southwest United States.
· Representation of a major national bank in settlement and transfer by deeds in lieu of foreclosure of multiple apartment properties located throughout the United States.
· Representation of national for-profit hospital systems in connection with the acquisition and disposition of hospitals and the formation of joint ventures between for-profit hospitals and non-profit hospitals along with related ground leases, management contracts and buy-back agreements.
· Representation of pension adviser in the formation of investment partnership with developer for the development of senior living and assisted living projects.
· Representation of retail developer in connection with the development, leasing and financing retail shopping centers anchored by grocery stores and "big box" tenants.
· Representation of developers and pension fund advisors in the acquisition and disposition of multi-family, office, industrial and retail properties.
· Representation of one of the nation's largest banks in connection with the mortgage financing of regional malls, office buildings, industrial warehouses, apartments, luxury condominiums, hotels and resort properties, issuance of letters of credit and unsecured credit facilities across the United States.
· Representation of a national casino operator with respect to casino, riverboat and gaming operating agreements and the acquisition and development of casino properties.
· Representation of national and individual hotel operators in negotiating sales, acquisitions, development and management of hotel properties located in, among other places, Beverly Hills, Hawaii, Santa Fe and Vail.
· Representation of a national for-profit hospital company in the purchase and sale of operating hospitals in California, Louisiana, Texas, Kansas, Oregon and Arkansas.
· Representation of investment advisors in investing debt and equity in individual and portfolio commercial real estate transactions.
· Representation of institutional investors with respect to due diligence and purchase of loan portfolios; major developers and financial institutions in restructuring and settling debt on multiple real estate properties.
Some of the matters listed were handled prior to the attorney joining Greenberg Traurig.
Professional & Community Involvement
· Member, State Bar of Texas
· Member, Dallas Bar Association
· Member, Texas College of Real Estate Lawyers
· Member, Real Estate Council
· Member, Dallas Committee on Foreign Relations
Awards & Recognition
· Listed, Chambers & Partners USA Guide, 2009
· Listed, Best Lawyers in America, 2007-2010
· Listed, Texas' Best Lawyers, 2009
· Selected by Super Lawyers magazine and Texas Super Lawyers magazine, 2003-2008
· Listed, Best Lawyers in Dallas, D Magazine, May 2005
Articles, Publications, & Lectures
Articles
· Co-Author, "Due on Sale Clauses and Prepayment Penalties," State Bar Newsletter Real Estate, Probate and Trust Law, 1989
· Co-Author, "New Amendment to the Texas Foreclosure Statute," 3 Texas Real Estate Law Reporter, v.13, 1987
· Co-Author, "Recent Case Developments," Mortgage Lending Institute, 1982, 1983, and 1985
· Author, "Federal Preemption of State Due-on-Sale Laws," 22 State Bar Newsletter Real Estate, Probate and Trust Law, v.18, 1984
Lectures
· Lecturer, "Mold: Contract Provisions for Leases, Purchase Contracts, Management Agreements and Loan Documents," Institute for International Environmental Risk Management, Las Vegas, June 2003
· Lecturer, "Problem Real Estate Loans: The Lender's Perspective," 24th Annual Advanced Real Estate Course, July 2002
Speeches
· Lecturer, "Leasing Commercial Real Estate," Northwest Center for Professional Education in Dallas, Houston and New Orleans, January, 1983
Member: State Bar of Texas; Dallas Bar Association; Texas College of Real Estate Lawyers; Dallas Committee of Foreign Relations.
Practice Areas: Real Estate.Email: Ralph G. Santos
Steven R. Smith (Shareholder) born Willimantic, Connecticut, 1957; admitted to bar, 1984, Texas; 1995, California; 1997, Connecticut. Education: University of Connecticut (B.A., Science in Business, Accounting and Arts in Political Science, cum laude, 1981); Southern Methodist University School of Law (J.D., 1984) Journal of Air Law and Commerce, Managing Editor (1984), Staff (1983-84).
Steve has a real estate and commercial law practice that focuses on real estate lending and servicing. His work with real estate clients includes representation of conduit and other lenders and borrowers involved in the financing of commercial real estate. He also handles assumptions, defeasance transactions, loan modifications, REMIC tax issues, and other servicing issues for CMBS master servicers. Steve also handles pooling and servicing agreement compliance and review, real estate workouts receiverships, foreclosure, bankruptcies, asset dispositions, litigation, and lender remedy enforcement for various types of commercial lenders, including the representation of CMBS special servicers and for various parties to non-real estate securizations including trustees, administrative agents and noteholders.
Steve's bankruptcy experience includes providing insolvency counsel to investors, assisting with the acquisition of companies through the Chapter 11 process, and representing debtors, secured creditors, and trustees and committees in various commercial and real estate bankruptcy proceedings. He has handled such bankruptcy litigation issues as preference and fraudulent transfer actions, automatic stay litigation, lien and priority disputes, contested confirmation proceedings, and bankruptcy appeals.
Areas of Concentration
· Real estate
- Financing
- Loan servicing
- Remedy enforcement
· Business reorganization and bankruptcy
Professional & Community Involvement
· Member, State Bar of Texas
· Member, State Bar of California
Member: State Bar of Texas; State Bar of California.
Practice Areas: Real Estate.Email: Steven R. Smith
Walter E. Steimel (Shareholder) born Austin, Texas October 13, 1956; admitted to bar, 1981, Texas; 1995, District of Columbia; U.S. Court of Appeals for the District of Columbia Circuit; U.S. Court of Appeals, Eighth Circuit; U.S. Court of Appeals, Eleventh Circuit; U.S. Court of Appeals, Federal Circuit; U.S. Court of Appeals, Fifth Circuit; U.S. Court of Appeals, First Circuit; U.S. Court of Appeals, Fourth Circuit; U.S. Court of Appeals, Ninth Circuit; U.S. Court of Appeals, Third Circuit; U.S. District Court for the District of Columbia; U.S. District Court for the Northern District of Texas; U.S. District Court for the Southern District of Texas; Supreme Court of the United States. Education: Texas Christian University (B.B.A., Accounting, cum laude, 1978) University Honors (Thesis: Foreign Currency Translation); Honors Societies: Beta Alpha Psi (Accounting), Omicron Delta Epsilon (Economics), Beta Gamma Sigma (Business), and Mortar Board; The University of Texas School of Law (J.D., 1981) Notes and Comments Editor, Texas International Law Journal; Johnson, Swanson Mock Trial and Geary-Brice Freshman Moot Court Competitions; Honors, Freshman Legal Research and Writing Course; Honors Society: Phi Delta Phi; Georgetown University Law Center (LL.M., 1997) International and comparative law, with emphasis on international communications and intellectual property.
Walt focuses his practice on domestic and international communications, information technology and related high-technology issues, First and Fifth Amendment problems, privacy and intellectual property. His scope of practice includes administrative law, counseling, transactional support and litigation in these areas. He has represented clients before the Federal Communications Commission, Federal Trade Commission, U.S. Patent and Trademark Office, Food and Drug Administration, Customs Service, National Telecommunications and Information Administration, state and federal courts, and various state regulatory agencies.
Walt's practice is committed to the representation of new entrants and competitive enterprises in the communications, information technology and e-commerce marketplace. He is a frequent lecturer and writer on various legal topics within his specialties, and on the operation of and participation in the United States political system. He is also a guest lecturer at Texas Christian University on legal and political participation topics.
Areas of Concentration
· Telecommunications
- Common carrier; international telecommunications; enhanced, telemessaging, electronic publishing, audiotext and information services; interconnection; infrastructure development and regulatory policy; radio frequency auctions, licensing and operations; wireless carrier services; emerging technologies; competitive service offerings; and consumer protection
· Information Technologies
- Transactional and structural counseling; privacy; First Amendment; Internet issues; emerging technologies; technology and service development; competitive service offerings; venture development; public offering risk disclosures; consumer protection; and cooperative offerings
· Global (International)
- Infrastructure; venture development; accounting rate and emerging competitive issues; Section 214 authorizations; and business development in various countries including the U.S., Canada, Bermuda, Honduras, Chile, Brazil, and Native American lands
· Intellectual Property
- Trademark prosecution and protection; trade secret protection; confidentiality; and multimedia law
· Other areas of practice include regulation of electromagnetic interference and radiation; and electronic, medical, and digital devices
Significant Representations
· Gulf Power Co., et al. v. Federal Communications Commission, 307 F.3d 1317 (11th Cir. 2002).
· Gulf Power Co., et al. v. Federal Communications Commission, 226 F.3d 220 (11th Cir. 2000).
· Gulf Power Co., et al. v. Federal Communications Commission, 208 F.3d 1263 (11th Cir. 2000).
· Gulf Power Co., et al. v. United States, 998 F.Supp. 1386 (N.D. Fla. 1998), 187 F. 3d 1324 (11th Cir. 1999).
· Chadmoore Communications, Inc. v. Federal Communications Commission, 113 F. 3d 235 (D.C. Cir. 1997).
Professional & Community Involvement
· Member, Federal Communications Bar Association
· Member, American Bar Association
· Member, Supreme Court of Texas
· Certified Public Accountant, Texas State Board of Public Accountancy, 1984
· Member, National Alumni Board of Texas Christian University
Previous Employment
· Attorney, Federal Communications Commission, Common Carrier Bureau, Washington, D.C., 1988-89
· Counsel to the Commissioner and Chair, Public Utility Commission of Texas, Austin, Texas, 1983-87
· Legislative Counsel & Senior Legislative Aide, to State Senator Hugh Parmer, Austin, Texas, 1982-83
Articles, Publications, & Lectures
Articles
· Author, "FCC Rule Makings Under the Telecommunications Act of 1996" (Presentation), Southeastern Electric Exchange Joint Use Committee Meeting, September 9-10, 1996, Alexandria, Virginia
· Author, "Current Issues in International Telecommunications Settlement Rates" (Presentation), Georgetown University Law School, October, 1994, Washington, D.C.
· Author, "Regulation of the Radio Frequency Spectrum: Complying with the Regulations of the Federal Communications Commission" (Speech), Fall 1993 COMDEX, three presentations November 14-17, 1993, Las Vegas, Nevada
· Author, "Assessing the Current Treatment of Depreciation Expense as an Endogenous Cost Under Price Cap Regulation and Proposed Options for Depreciation Reform; A Discussion of the Price Cap Carrier Option" (Speech), Telecommunications Reports Telecom Depreciation Seminar, May 6, 1993, Washington, D.C.
· Author, "Current Status of Telecommunications Law and Regulation" (Speech and Debate), Communications Managers Association Annual Conference, October 21, 1992, New York, New York
· Author, Battle of the Spectrum: Mobile Data and the Wireless Interface (Conference Leader and speeches), Telecommunications Reports, June 1-2, 1992, Washington, D.C.
· Author, Pioneer's Preference, Refarming the Spectrum and Enhanced Uses of the Spectrum (Seminar Leader and Speech), Telecommunications Reports Seminar, June 2, 1992, Washington, D.C.
· Author, "Regulation of the Radio Frequency Spectrum: Complying with the Regulations of the Federal Communications commission" (Speech), Fall 1991 COMDEX, November 14, 111, Las Vegas, Nevada
· Author, "Regulatory Issues: CAP Interconnection and Competitive Status; Unbundling Local Access; IXC Competition; Customer Subsidization; and BOC Pricing Flexibility" (Moderator/ Presentation), Telecommunications Reports Central Office Interconnection III Pre-Conference Seminar, October 23, 1991, Washington, D.C.
· Author, "Toll Fraud: PBX, Calling Card, Subscription 900, Computer Hacking and Electronic Mailbox; Who's Responsible for Payment and Prevention -- The Carrier/Biller, the End User or the Information Provider?" (Moderator/Presentation), Telecommunications Reports Telecom Billing 91 Conference, July 24, 1991, Washington, D.C.
· Author, "Enhancement of Negotiation Leverage through Better Knowledge and Preparation: Application of Advanced Analytical Techniques to Tariff 12 Contracts" (Speech and Paper), Telecommunications Reports Telecom Pricing Strategies for the 1990s Conference, April 30, 1991, Washington, D.C.
· Author, "Future of Tariff 12 as an Unregulated Product" (Speech), Yankee Group Tariff 12 Custom Network User Forum, March 1991, New York, New York
· Author, "Current Status of Telecommunications Law and Regulation" (Speech and Debate), Communications Managers Association Spring Conference, February 5, 1991, New York, New York
· Comments," Notice of Inquiry by the National Telecommunications and Information Administration, Comprehensive Policy Review of Use and Management of the Radio Frequency Spectrum, February 1990, Washington, D.C.
Lectures
· Lecturer, Texas Christian University, Arts and Sciences College and Business School
· Author, "Pros and Cons of VoIP" (Presentation), May 14, 2004, New York
· Author, "Spam, Taxation and Privacy on the Internet" (Presentation), Federation of Internet Solutions Providers of the Americas, May 20, 2004, New Orleans, Louisiana
Member: Federal Communications Bar Association; American Bar Association.
(Also at Washington, DC Office). Practice Areas: Technology, Media & Telecommunications; Intellectual Property & Technology.Email: Walter E. Steimel
Pamela B. Stein (Shareholder) admitted to bar, 1992, Texas. Education: Wellesley College (B.A., Majors in United States Studies and History of Art, 1972); University of North Carolina at Chapel Hill (M.R.P., Concentration in land use and environmental planning, 1974); Southern Methodist University School of Law (J.D., cum laude, 1992) Symposium Editor, Journal of Air Law and Commerce; Moot Court Chief Justice.
Pamela Stein's practice encompasses a wide variety of real estate transactions with primary emphasis on acquisitions and sales of commercial properties, land development and real estate finance. She assists clients in all phases of the development process, from initial due diligence, entitlements, and other acquisition issues to closing and funding. Pam is also experienced in retail and office leasing and complex, multi-state financing transactions.
Areas of Concentration
· Land development and redevelopment activities
· Commercial and industrial purchase and sale transactions
· Real estate finance, including construction and development lending, permanent financing, loan modifications and work-outs
Significant Representations
· Retail/Office/Hotel
- Act as regional counsel for owner of duty-free retail stores, handling acquisitions and leasing matters in Texas and other southwestern states.
- Represent of local retail/residential/hotel developer in land purchases, construction documents and loans for development lease negotiations and disputes.
· Residential
- Represent national residential developer in property diligence and contract negotiations for acquisition of land in Texas for large-scale residential/golf course communities; also negotiated contracts for sales of retail and office tracts.
- Negotiate purchase contracts, construction agreements, development agreements and loan documents for multi-family and mixed use developments in Texas and other states, including complex bond financing and numerous municipal agreements.
· Industrial/Office
- Negotiate lease for biofuels facility to be operated in coordination with adjacent feed processor. Represent office/warehouse owner in purchases, financing sales and leasing, including sales/leasebacks.
- Lead attorney for property diligence and related agreements for purchaser of Dallas Market Center.
· Lending
- Assist lenders with loan modifications, intercreditor agreements and other multi-party negotiations.
- Assist national lending institutions in modifying documents for Texas use.
- Provide local counsel legal opinions on loans secured by Texas real property.
Professional & Community Involvement
· Member, Board of Directors, Downtown Dallas, Inc.
· Member, Dallas Bar Association {newline}- Real Property Section
· Member, Commercial Real Estate Women ("CREW"); Co-chair of New Member Recruitment Committee
· Member, Dallas Women's Foundation; past member of Board of Directors
· Member, State Bar of Texas
Articles, Publications, & Lectures
Articles
· Author, "The Price of Success: Mitigation and Litigation in Airport Growth," 57 JALC513, 1991
Member: Dallas Bar Association (Real Property Section); Commercial Real Estate Women "CREW" (Co-chair of New Member Recruitment Committee); State Bar of Texas.
Practice Areas: Real Estate.Email: Pamela B. Stein
Michael B. Thimmig (Shareholder) born 1959; admitted to bar, 1986, Texas. Education: Marquette University (B.S.B.A., Accounting, 1981); Southern Methodist University School of Law (J.D., 1986).
Structured Finance Michael Thimmig's practice has focused on structured finance and complex financial transactions including bankruptcy remote structures to segregate collateral utilizing special purpose entities (SPE). While the majority of this structured finance experienced has involved residential mortgage loans in both REMIC and non-REMIC transactions, this experience has included commercial mortgage loans, distressed mortgage loans and a number of other financial assets. These structured finance and asset securitization transactions have involved:
· term structures of mortgage-backed securities and asset-backed securities, including liquidating trust structures for non-performing mortgage loans and optional redemptions and clean up call terminations,
· revolving structures through commercial paper conduit facilities and structured warehouse facilities, including master repurchase agreements, and
· other structures for mezzanine, subordinate and residual financings.
Mortgage Banking In addition to the mortgage-backed securities experience, Michael has extensive mortgage banking experience, that includes:
· loan servicing activities and procedures involving the review, analysis and interpretation of securitization and whole loan servicing agreements,
· mortgage servicing rights (MSR) purchases and sales and other loan servicing transfers,
· secondary mortgage market loan purchases and sales on a servicing retained and servicing released basis,
· mortgage warehouse revolving credit facilities (involving repurchase agreements, commercial paper conduit facilities and bank syndicated facilities) and workout and restructurings of warehouse facilities,
· servicer advance and MSR credit facilities,
· litigation support for breach of loan representation and warranty claims, and
· variety of other mortgage banking transactions and operations matters.
Asset Based Lending In addition to the experience with asset-backed securities and CP conduit facilities, Michael has significant asset based lending experience including various senior and subordinate term and revolving structures that have been secured by a number of difference assets. This asset based lending experience combined with the structured finance experience has included significant collateral pledge and security interest analysis under UCC Articles 8 and 9.
Corporate and Securities Michael also has experience with a variety of general corporate and securities matters including debt and equity private placements, mergers and acquisitions, systematic contract review process and company formation and governance.
In-House and Financial Background Michael's background is a unique combination of accounting, business and legal experience, including three years as an in-house attorney with mortgage banking companies in their securitization and capital markets area and, prior to law school, two years as a CPA. When encountering the operational and organizational challenges in structuring and implementing complex financial and corporate transactions, Michael utilizes his legal, accounting and business skills to anticipate, address and formulate practical and cost-effective solutions.
Areas of Concentration
· Structured finance
· Financial institutions
- Capital markets and securitization
- Mortgage banking
- Commercial lending
- Workouts, restructurings and insolvency
· Corporate and securities
- General corporate
- Mergers and acquisitions
· Financial services litigation
- Secondary mortgage market claims
Professional & Community Involvement
· Member, State Bar of Texas
· Member, American Bar Association
Awards & Recognition
· Listed, Best Lawyers in America, 2010
Member: State Bar of Texas; American Bar Association.
Practice Areas: Structured Finance & Derivatives; Corporate & Securities; Financial Institutions; Subprime & Mortgage Markets.Email: Michael B. Thimmig
Peter S. Wahby (Shareholder) born Detroit, Michigan, June 20, 1975; admitted to bar, 2000, 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: Boston University (B.A., with distinction, magna cum laude, 1997); Southern Methodist University School of Law (J.D., cum laude, 2000) Articles Editor, Computer Law Review and Technology Journal; Member, The Barristers; Vice President, Christian Legal Society.
Peter Wahby partners with his clients to develop and implement creative strategies and solutions across a broad range of disputes, including: complex domestic and international litigation, patent litigation, financial services litigation, and medical device litigation in venues across the country. With first- and second-chair trial experience, Peter possesses the proven judgment to assess how best to achieve a client's business goals.
Areas of Concentration
· Litigation
· Intellectual property litigation
· Financial services litigation
· Pharmaceutical and medical device litigation
Professional & Community Involvement
· Member, American Council of Young Political Leaders {newline}- U.S. delegate to Turkey, 2003
· Member, Patrick E. Higginbotham American Inn of Court
· Fellow, Next Generation Project of The American Assembly, Columbia University
· Member, State Bar of Texas
· Member, Dallas Bar Association
· Fellow, Dallas Young Lawyers Association
· Member, Texas Young Lawyers Association
· Member, American Bar Association
· Member, Texas Association of Defense Counsel
· Member, Dallas Committee for Foreign Relations
Awards & Recognition
· Selected by Super Lawyers magazine and Texas Super Lawyers magazine - Rising Stars Edition, 2006 - 2009
· John E. Kennedy Award for Outstanding Public Service
Other Experience
· Briefing Attorney, Supreme Court of Texas, chambers of Justice Nathan L. Hecht
Fellow, Dallas Young Lawyers Association.
Member: State Bar of Texas; Dallas Bar Association; Texas Young Lawyers Association; American Bar Association; Texas Association of Defense Counsel. Languages: Arabic. Practice Areas: Litigation; Intellectual Property Litigation; Pharmaceutical & Medical Device Litigation.Email: Peter S. Wahby
Bruce H. White (Shareholder) born Salt Lake City, Utah, May 23, 1962; admitted to bar, 1989, Nebraska; 1991, Texas, District of Columbia and Colorado; U.S. Court of Appeals, Eighth Circuit; U.S. Court of Appeals, Fifth Circuit; U.S. District Court for the District of Colorado; U.S. District Court for the District of Nebraska; 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: Utah State University (B.S., 1985); Creighton University School of Law (J.D., 1989).
Bruce White is a Shareholder of the firm and practices in the Business Reorganization & Bankruptcy Group in the Dallas office of Greenberg Traurig, LLP. He has experience in all aspects of corporate reorganization, bankruptcy, and creditors' rights. Bruce has considerable experience in representing boards of directors of publicly traded, nonprofit, and private companies in reorganizations as well as representing secured and unsecured creditors, bond holders, indenture trustees, debtors, chapter trustees, and committees in bankruptcy cases throughout the country. He has made numerous court appearances in many jurisdictions across the country.
Awards & Recognition
· Listed, Best Lawyers in America, 2006-2010
· Listed, Texas' Best Lawyers, 2009
· Listed, Chambers & Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2007-2009 editions
· Listed, Legal 500 US, 2009 edition
· Selected by Super Lawyers magazine Corporate Counsel Edition, Bankruptcy & Creditor/Debtor Rights, 2009
· Selected by Super Lawyers magazine and Texas Super Lawyers magazine, 2005-2008
· AV® Peer Review Rated
Clerkship
· Law Clerk, Law Clerk for the Honorable Timothy J. Mahoney, Chief United States Bankruptcy Judge, District of Nebraska, 1989-1990
Articles, Publications, & Lectures
· Frequent Speaker at Texas Advanced Bankruptcy Seminars and the University of Texas Annual Bankruptcy Conference
· Contributing Editor of the monthly American Bankruptcy Institute Journal
· Co-Author, "Cure and Reinstatement under 11 U.S.C. §1124: Does the Bankruptcy Code Provide for Default Interest Do-Over?" American Bankruptcy Institute Journal (July/August 2008)
· Co-Author, "Are You Sailing in Safe Harbors? An Overview of Various Bankruptcy Sate-Harbor Protection Regarding Swaps and Other Derivatives," American Bankruptcy Institute Journal (December/January 2008)
· Co-Author, "Fraudulent Transfers and Trust Accounts: What Are You Holding When the Music Stops?," American Bankruptcy Journal, March 2003
· Co-Author, "Corporate Governance in Chapter 11 and Stockholder Voting Rights: Who's in Control?," American Bankruptcy Journal, July/August 2003
· Co-Author, "Substantive Consolidation of Non-debtor Entities: Tag, You're in Bankruptcy," American Bankruptcy Journal, December 2003/January 2004
· Co-Author, "From Troubled to Turnaround: Critical Stages of the Insolvency and Bankruptcy Process," Turnaround Management Association, October 2003
Practice Areas: Business Reorganization & Bankruptcy.Email: Bruce H. White
Eric N. Whitney (Shareholder) born Quincy, Massachusetts, 1967; admitted to bar, 1992, Texas; New York; U.S. Court of Appeals, Fifth Circuit; 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; Supreme Court of the United States. Education: Duke University (B.A., Political Science, 1989); Southern Methodist University School of Law (J.D., cum laude, 1992) Order of the Coif; Hutchinson Scholar; Notes & Comments Editor, Southwestern Law Review.
Eric N. Whitney has successfully represented companies and individuals in complex, high-stakes commercial litigation, appellate, and ADR matters involving intellectual property, securities and governance matters, SEC and other regulatory investigations, corporate finance transactions, consumer finance and banking, employment discrimination and harassment, NASD proceedings, real estate, antitrust, bankruptcy, fraud, class action, and general business and contract disputes. He has tried jury, non-jury and arbitration cases to decision and argued hearings in state and federal courts throughout Texas, as well as in New York, Ohio, Illinois, Virginia, Tennessee, California, Louisiana, Oklahoma and other jurisdictions.
Eric's practice has emphasized the representation of financial institutions in a range of significant litigation, class action and regulatory matters, representing businesses in labor and employment disputes, including non-compete and theft of trade secrets cases against employees and competitors, and representing businesses and real estate investment funds and partnerships in sizeable contract and commercial disputes.
Eric also served as General Counsel and Secretary to a Dallas-based transportation and logistics software development company, where he initiated and oversaw all of the company's legal activities, including corporate governance, securities, regulatory compliance, litigation, commercial transactions, intellectual property, and board matters, as well as managing human resources, finance, and operations functions.
Areas of Concentration
· Financial services litigation and arbitration
· Securities enforcement and litigation
· Intellectual property litigation
· Class action litigation
· Medical device litigation
· Complex commercial transactions and litigation
· Intellectual property licensing and enforcement
· Antitrust litigation
· Corporate governance and compliance
· General business counseling
· Technology litigation
Significant Representations
· Representing a major soft drink company in multiple litigation and arbitration matters involving employment discrimination and termination and severance disputes with senior executives. Has obtained summary dismissal of discrimination and ERISA claims, and take-nothing defense findings in multiple arbitrations.
· Representing several Wall Street investment banks and broker/dealers in SEC civil injunctive actions, prime brokerage disputes, NASD arbitration proceedings involving both customers and employees, and state court trials.
· Representing Intel, Alcatel USA, Texas Instruments and numerous other technology and financial services companies in trade secret, non-compete and employee raiding litigation matters, including obtaining and defending against injunctions in state and federal court, and trying to verdict multiple theft of trade secrets and non-compete cases.
· Representing Bank One and The Associates in state and national putative and certified class action lawsuits in Texas, California, Tennessee, and Arizona involving claims of predatory lending, violations of consumer protection laws, fraud, and unfair business practices.
· Representing several leading residential mortgage servicers and issuers of mortgage-backed securities in repurchase litigation, investor disputes, internal investigations, and defense of individual and class action borrower claims.
Professional & Community Involvement
· Member, American Bar Association
· Member, State Bar of Texas
· Member, Dallas Bar Association
· Board of Directors, SMU Athletic Forum, 1998 - 2008
· Board of Trustees, Dallas Theater Center, 2007 - 2008
Awards & Recognition
· AV® Peer Review Rated
Member: American Bar Association; State Bar of Texas; Dallas Bar Association.
(Also at New York, New York Office). Practice Areas: Litigation; Subprime & Mortgage Markets; Government Litigation.Email: Eric N. Whitney
Thomas L. Woodman (Shareholder) born Fostoria, Ohio; admitted to bar, 1982, Ohio; 1985, Texas; U.S. Court of Appeals, Fifth Circuit; U.S. District Court for the Eastern District of Texas; U.S. District Court for the Northern District of Ohio; U.S. District Court for the Northern District of Texas; U.S. District Court for the Southern District of Ohio; U.S. District Court for the Southern District of Texas; U.S. District Court for the Western District of Texas. Education: Bowling Green State University (B.S.B.A., cum laude, 1979) Reddin Law Scholarship, 1979; BGSU Academic Scholarship, 1975-1979; Omicron Delta Kappa; Beta Gamma Sigma; Phi Eta Sigma; Deans List; Notre Dame Law Centre, London, England (Concannon Programme of International Law, 1981); University of Notre Dame Law School (J.D., 1982) National Institute for Trial Advocacy, 1982.
Thomas L. Woodman is adept at resolving difficult insurance coverage disputes, whether through negotiation or litigation. Tom represents insurers on all claims handling issues, including coverage analysis and issue resolution, position advocacy, supervision and coordination of defense efforts and settlement negotiation.
Tom also helps clients create or modify risk management and insurance programs, and evaluate and negotiate terms tailored to the client's needs. He has a broad base of experience counseling clients in several industries, including finance, retail, oil and gas, manufacturing, not-for-profit corporations, and health care.
Areas of Concentration
· Directors & officers liability and insurance (consultation, litigation)
· Directors & officers representation (loss prevention, litigation)
· Professional liability and insurance (lawyers, insurance brokers, insurers)
· Financial institution bonds and insurance
· Fiduciary liability insurance
· Employment practices liability and insurance
· Employers liability insurance (coverage for Texas employer's opting out of worker's compensation)
· General partner liability insurance
· Commercial general liability insurance
· Property insurance
· Drafting insurance policies, underwriting consultation
· Coverage counsel
Significant Representations
· Defended insurer in bad faith coverage litigation brought by energy trader for damages in excess of $10 million E&O policy limits.
· Defended insurer in coverage litigation involving $50 million fiduciary insurance liability claim arising out of the failure of Enron Corp.
· Defended multiple insurers' interest in over 300 claims made against national insurance broker exceeding $100 million in E&O claims arising out of the failure to place coverage as represented.
· Defended insurer in extra-contractual claims in excess of $20 million policy limits brought by non-profit charitable foundation.
· Represented insurer in defense of extra-contractual claims in excess of $25 million policy limits arising out of professional liability policy issued to law firm defending claims brought by government contractor.
· Negotiated cost of defense settlement for insurer that ignored obligations under $5 million D&O policy following major settlement between non-profit corporation and the State of Texas.
· Defended major insurers regarding "other insurance" clauses.
· Negotiated and resolved numerous property and business interruption claims arising out of Hurricanes Katrina and Rita.
· Counseled and assisted a wide range of corporations, officers, directors and board members in the procurement of directors and officers coverage.
· Negotiated terms and policy wording, and evaluated effectiveness and sufficiency of multi-tiered D&O insurance program for Fortune 1000 companies.
· Drafted and implemented risk management and insurance programs for community banks.
· Represented underwriters at Lloyd's of London on the evaluation and settlement of over 2500 claims made on state-wide employers primary and excess liability insurance programs.
· Drafted general partner liability policy for underwriters at Lloyd's of London.
· Served six years as general counsel for major regional law firm.
Some of the matters listed were handled prior to the attorney joining Greenberg Traurig.
Professional & Community Involvement
· Member, American Bar Association {newline}- Vice Chair, Professionals, Directors & Officers Liability Committee, 2005 - {newline}- Vice Chair, Insurance Coverage Committee, 2005-2007 {newline}- Member, ABA Corporate Governance Institute Steering Committee, 2007 {newline}- Member, Appellate Advocacy Committee
· Member, State Bar of Texas
· Member, Ohio State Bar Association
· Member, Professional Liability Underwriting Society (PLUS)
· Adjunct Professor of Law, University of Houston, 1988-1989
Awards & Recognition
· Listed, The Best Lawyers in America, Insurance Law, 2005-2009
· Fellow, Texas Bar Foundation
· Fellow, Dallas Bar Foundation
Articles, Publications, & Lectures
Speeches
· Speaker, Employment Practices Liability Insurance, Texas Bar CLE, 1998
· Speaker, "Insurance Bad Faith," National Business Institute (NBI), 1994
· Moderator and Speaker, "Employer's Primary Liability Insurance Non-Subscription Symposium," hosted by Lloyd's of London, 1991-1993
Member: American Bar Association (Vice Chair, Professionals, Directors & Officers Liability Committee, 2005; Vice Chair, Insurance Coverage Committee, 2005-2007; Member, Corporate Governance Institute Steering Committee, 2007; Member, Appellate Advocacy Committee); State Bar of Texas; Ohio State Bar Association.
Practice Areas: Insurance Regulatory & Transactions; Litigation.Email: Thomas L. Woodman
ASSOCIATES
Penelope Brobst Blackwell (Associate) born Shreveport, Louisiana, March 22, 1975; admitted to bar, 2000, Louisiana; 2001, Texas; U.S. Court of Appeals, Fifth Circuit; 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: Centenary College of Louisiana (B.S., cum laude, 1997); Louisiana State University Paul M. Hebert Law Center (J.D., 2000) Order of the Coif; Phi Delta Phi; Louisiana Law Review Managing Editor.
Penelope Brobst Blackwell is an associate at Greenberg Traurig in the firm's Dallas office. Her practice covers a broad range of complex commercial litigation, employment and appellate matters. Penelope has a national practice that includes a variety of complex commercial litigation matters, including breach of contract disputes, claims relating to theft of trade secrets, unfair competition, fraud, deceptive trade practices and other business torts. Penelope also handles a variety of labor and employment disputes including violations of covenants not to compete. In addition, Penelope advises employers on issues such as wage and hour laws, employment agreements, the drafting and revision of employer policies, procedures and handbooks.
Penelope also has broad experience representing investment firms and clearing firms in the area of securities litigation in federal and state courts, as well as in arbitration proceedings. She has defended investment firms and clearing firms against claims brought by customers of the firms and claims brought by third parties, including claims of fraud, breach of fiduciary duties, violations of NASD rules and regulations and breach of contract. She also has experience defending securities fraud claims and insider trading claims against corporate officers and directors, including securities class actions.
Penelope has also represented clients in a broad range of appellate matters in both Texas Courts of Appeal and the United States Fifth Circuit Court of Appeals, including appeals of jury verdicts, summary judgments and interlocutory orders in both commercial litigation and securities matters. Following graduation, she served as a law clerk to the Honorable Henry A. Politz of the United States Fifth Circuit Court of Appeals.
Areas of Concentration
· Business litigation
· Appellate
·