Practice Expertise

  • Complex Consumer and Financial Services ...
  • Commercial Litigation
  • Business Litigation
  • Colleges and Universities

Areas of Practice

  • Business Litigation
  • Colleges and Universities
  • Commercial Litigation
  • Complex Consumer and Financial Services ...
  • Corporate and Securities Litigation
  • Fiduciary Litigation
  • Litigation
  • Securities Litigation and SEC Enforcement
  • View More

Profile

Chuck’s practice focuses on commercial litigation and arbitration.

Chuck has significant experience in representing clients in complex commercial litigation involving such issues as breach of contract, breach of fiduciary duty, securities fraud, common law fraud, conversion, and other business torts. He also has experience in fiduciary litigation, primarily as counsel for trustees and trust companies.

Chuck is admitted to practice before the United States Supreme Court, United States Court of Appeals for the Seventh Circuit, United States Court of Appeals for the Tenth Circuit, the Northern District of Texas, and the Western District of Texas.

Relevant Experience

  • Defended major bank in substantial breach of fiduciary duty claims arising from oil and gas leasing activities in the Eagle Ford Shale.
  • Defended major bank in securities fraud claims relating to auction rate CDO’s.
  • Defended major bank in securities fraud claims arising from sale of bonds issued by a municipality that subsequently defaulted.
  • Defended major bank in securities litigation arising from the collapse of Enron Corporation.
  • Defended major brokerage firms in litigation and arbitrations relating to alleged research analyst fraud.
  • Regularly represents major brokerage firms in substantial customer disputes.
  • Frequently represents trust companies in probate and fiduciary litigation.
  • Substantial experience in litigation relating to credit default swap agreements and other derivatives.
  • Trial experience includes both the successful defense and prosecution of complex claims.
  • Representative clients include many of the nation's major banks and brokerage firms and other clients as diverse as Fortune 100 corporations and an internationally known rock band.
  • Tried jury and non-jury cases in the state and federal courts, and has extensive experience in arbitrations before the American Arbitration Association, the New York Stock Exchange, and the NASD.

Selected Reported Decisions

  • Benson v. JPMorgan Chase Bank, N.A., 2011 WL 4010116 (N.D.Cal. 2010)
  • In re Merrill Lynch & Co., Inc., 315 S.W.3d 888 (Tex. 2010)
  • Litson-Gruenberg v. JPMorgan Chase & Co., 2009 WL 4884426 (N.D.Tex. 2009)
  • In re Citigroup Capital Markets, Inc., 258 S.W.3d 623, 2008 WL 2069835 (Tex. 2008)
  • Anderson v. Merrill Lynch, 521 F.3d 1278 (10th Cir. 2008)
  • Lewis v. CNL Restaurant Properties, Inc., 223 S.W.3d 784 (Tex.Civ.App. - Dallas 2007)
  • In re Merrill Lynch Trust Co., FSB, 235 S.W.3d 185 (Tex. 2007)
  • In re Enron Corp., 2006 WL 1371089 (S.D.Tex. 2006)
  • Eternity Global Master Fund, Ltd. v. Morgan Guar. Trust Co. of N.Y., 375 F.3d 168 (2d Cir. 2005)
  • In Re Enron Corp. Securities, Derivative & "ERISA" Litigation, 310 F.Supp. 2d 819 (S.D.Tex. 2004)
  • Merrill Lynch Trust Co., FSB v. Alaniz, 159 S.W.3d 162 (Tex.App. - Corpus Christi, 2004, writ granted and appeal pending before Texas Supreme Court)
  • Beal Bank, S.S.B. v. Robert H. Schleider III, 2003 WL 124243 (Tex.App. - Houston [14th Dist.] 2003)
  • Texas Commerce Bank (now JPMorgan Chase, N.A.) v. Grizzle, 96 S.W.3d 240 (Tex. 2002)
  • Shields v. Texas Scottish Rite Hosp. for Crippled Children, 11 S.W.3d 457 (Tex.App. - Eastland, Jan 27, 2000)
  • Elk Corp. of Dallas v. GAF Bldg. Materials Corp., 168 F.3d 28 (Fed.Cir. 1999)
  • Beal Mortg., Inc. v. F.D.I.C., 132 F.3d 85, (D.C.Cir. 1998)
  • C.C. Port, Ltd. v. Davis-Penn Mortgage Co. and Federal National Mortgage Assoc., 61 F.3d 288 (5th Cir. 1995)
  • Pasant v. Jackson National Life Ins. Co., 52 F.3d 94 (5th Cir. 1995)
  • Daboub v. Gibbons (ZZ Top), 42 F.3d 285 (5th Cir. 1995)
  • Boone v. Carlsbad Bancorporation, Inc., 972 F.2d 1545 (10th Cir. 1992)
  • First Interstate Bank of Texas, N.A. v. S.B.F.I., Inc., 830 S.W.2d 239 (Tex. Civ. App. - Dallas 1992)
  • Gilmer L. Batton (NCR Corp.) v. Howard W. Green, 801 SW. 2d 923 (Tex. App. - Dallas 1990)
  • Commonwealth Mortgage Corp. v. First Nationwide Bank, 873 F.2d 859 (5th Cir. 1989)
  • Brook Mays Music Co. v. National Cash Register Co., 838 F.2d 1396 (5th Cir. 1988)

Bar Admissions

  • Oklahoma
  • Texas

Education
BA, Oklahoma State University, 1972

Areas of Practice

  • Business Litigation
  • Colleges and Universities
  • Commercial Litigation
  • Complex Consumer and Financial Services Litigation
  • Corporate and Securities Litigation
  • Fiduciary Litigation
  • Litigation
  • Securities Litigation and SEC Enforcement

Professional Career

Significant Accomplishments
  • Defended major bank in securities litigation arising from the collapse of Enron Corporation.
  • Defended major brokerage firms in litigation and arbitrations relating to alleged research analyst fraud.
  • Regularly represents major brokerage firms in substantial customer disputes.
  • Frequently represents trust companies in probate and fiduciary litigation.
  • Substantial experience in litigation relating to credit default swap agreements and other derivatives.
  • Trial experience includes both the successful defense and prosecution of complex claims.
  • Representative clients include many of the nation's major banks and brokerage firms and other clients as diverse as Fortune 100 corporations and an internationally known rock band.
  • Tried jury and non-jury cases in the state and federal courts, and has extensive experience in arbitrations before the American Arbitration Association, the New York Stock Exchange, and the NASD.
  • Benson v. JPMorgan Chase Bank, N.A., 2011 WL 4010116 (N.D.Cal. 2010)
  • In re Merrill Lynch & Co., Inc., 315 S.W.3d 888 (Tex. 2010)
  • Litson-Gruenberg v. JPMorgan Chase & Co., 2009 WL 4884426 (N.D.Tex. 2009)
  • In re Citigroup Capital Markets, Inc., 258 S.W.3d 623, 2008 WL 2069835 (Tex. 2008)
  • Anderson v. Merrill Lynch, 521 F.3d 1278 (10th Cir. 2008)
  • Lewis v. CNL Restaurant Properties, Inc., 223 S.W.3d 784 (Tex.Civ.App. - Dallas 2007)
  • In re Merrill Lynch Trust Co., FSB, 235 S.W.3d 185 (Tex. 2007)
  • In re Enron Corp., 2006 WL 1371089 (S.D.Tex. 2006)
  • Eternity Global Master Fund, Ltd. v. Morgan Guar. Trust Co. of N.Y., 375 F.3d 168 (2d Cir. 2005)
  • In Re Enron Corp. Securities, Derivative & "ERISA" Litigation, 310 F.Supp. 2d 819 (S.D.Tex. 2004)
  • Merrill Lynch Trust Co., FSB v. Alaniz, 159 S.W.3d 162 (Tex.App. - Corpus Christi, 2004, writ granted and appeal pending before Texas Supreme Court) 
  • Beal Bank, S.S.B. v. Robert H. Schleider III, 2003 WL 124243 (Tex.App. - Houston [14th Dist.] 2003)
  • Texas Commerce Bank (now JPMorgan Chase, N.A.) v. Grizzle, 96 S.W.3d 240 (Tex. 2002)
  • Shields v. Texas Scottish Rite Hosp. for Crippled Children, 11 S.W.3d 457 (Tex.App. - Eastland, Jan 27, 2000)
  • Elk Corp. of Dallas v. GAF Bldg. Materials Corp., 168 F.3d 28 (Fed.Cir. 1999)
  • Beal Mortg., Inc. v. F.D.I.C., 132 F.3d 85, (D.C.Cir. 1998)
  • C.C. Port, Ltd. v. Davis-Penn Mortgage Co. and Federal National Mortgage Assoc., 61 F.3d 288 (5th Cir. 1995)
  • Pasant v. Jackson Natural Life Ins. Co., 52 F.3d 94 (5th Cir. 1995)
  • Daboub v. Gibbons (ZZ Top), 42 F.3d 285 (5th Cir. 1995)
  • Boone v. Carlsbad Bancorporation, Inc., 972 F.2d 1545 (10th Cir. 1992)
  • First Interstate Bank of Texas, N.A. v. S.B.F.I., Inc., 830 S.W.2d 239 (Tex. Civ. App. - Dallas 1992)
  • Gilmer L. Batton (NCR Corp.) v. Howard W. Green, 801 SW. 2d 923 (Tex. App. - Dallas 1990)
  • Commonwealth Mortgage Corp. v. First Nationwide Bank, 873 F.2d 859 (5th Cir. 1989)
  • Brook Mays Music Co. v. National Cash Register Co., 838 F.2d 1396 (5th Cir. 1988)


Professional Associations
  • Member, Oklahoma Bar Association
  • Member, American Bar Association
  • Member, Dallas Bar Association
  • Member, Texas Bar Foundation
  • Member, Dallas Bar Foundation


Articles

  • Trustee Conflicts of Interest in Texas−Revisiting Risser, Real Estate, Probate and Trust Law Reporter, State Bar of Texas

Blogs

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