- J.D., Southern Methodist University Dedman School of Law, 1988 cum laude; Notes and Comments Editor,The Journal of Air Law & Commerce Order of the Coif; The Barristers
- B.S., Business Administration (Accounting degree), Drake University, 1985 summa cum laude
Significant AccomplishmentsDefense of Merger & Acquisition Litigation. Representation of Adams Golf and its board of directors in shareholder class action suit alleging breaches of fiduciary duty in connection with board approval of acquisition by TaylorMade-adidas Golf. Resolved by disclosure settlement, pending court approval.
Defense of Trust Fiduciary Litigation. Representation of trustees of two large trusts in multi-court litigation against allegations of civil RICO violations, claims of mismanagement related to sale of trust-owned corporation and other breach of fiduciary duty claims. Global settlement of related litigation in federal, state district and probate courts reached with court approval pending.
Defense of Auction Rate Securities Suit. Defended a major broker-dealer firm sued in Texas state court under the Texas Securities Act for selling auction rate securities. The case was settled before trial.
Defense of Oil and Gas Accounting Class Action. Defended oil and gas companies in a class action lawsuit brought by royalty and working interest owners challenging the accounting for oil and gas severance taxes in Texas. Obtained favorable settlements for each client before a hearing on class certification.
Dismissal of Red-Light Camera Class Action. Defended red-light camera company in federal class action challenging failure to obtain Texas private investigator license, alleging negligence per se, and seeking monetary and injunctive relief. Obtained dismissal of the suit that was affirmed on appeal. Bell v. American Traffic Solutions, Inc., No. 09-10722, 2010 U.S. App. LEXIS 6001 (5th Cir. Mar. 23, 2010).
Defense of Accounting Restatement Case. Obtained dismissal and denial of class certification for a large pump manufacturer in a federal securities suit alleging accounting misstatements and false earnings projections, which was remanded for further proceedings after appeal and then settled. Obtained dismissal of related shareholder derivative suits pending in New York and Texas alleging that directors and officers breached their fiduciary duties in connection with accounting restatement, merger integration issues and missed earnings projections.
Dismissal of Securities Class Action. Obtained dismissal of a putative securities class action against a company that provides wireless communications services, its chief executive officer, its chief financial officer and two outside directors alleging misrepresentations and omissions regarding the company's subscriber numbers and their effect on accounts receivable and revenue. In re Alamosa Holdings, Inc. Sec. Litig., 382 F. Supp. 2d 832 (N.D. Tex. 2005). As a result of the dismissal of the federal securities action, the plaintiffs in a related shareholder derivative case voluntarily dismissed their claims.
Dismissal of Securities Class Action. Obtained dismissal of a putative securities class action brought against the chief executive officer of a wireless communications company alleging the officer made misrepresentations in a press release about funding sources for the company and failed to timely disclose other information about the status of the company. Berger v. Beletic, 248 F. Supp. 2d 597 (N.D. Tex. 2003).
Dismissal of Texas Securities Suit. Obtained dismissal of claims by certain shareholders filed in Texas state court against an oil and gas company and two of its officers alleging misrepresentations in connection with a bidding process for the company's assets and an announcement of certain accounting write-downs, Sherman v. Triton Energy Corp., 124 S.W.3d 272 (Tex. App. -Dallas, 2003), and subsequently obtained summary judgment against the remaining plaintiff shareholders.
Denial of Class Certification in Contract Class Action. Successfully defeated class certification in a federal suit brought against a major national brokerage firm by a customer alleging breach of contract in connection with alleged inaccuracies in the accounting for certain transactions in the customer's account. Kase v. Salomon Smith Barney, Inc., 218 F.R.D. 149 (S.D. Tex. 2003).
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