Consumer Bankruptcy and Commercial Litigation Attorney

Objectives

I seek to represent clients on matters relating to commercial litigation, with a specific focus on contract disputes, loss mitigation issues, real estate, banking and foreclosure-related litigation. I would like to utilize my knowledge of electronic data and its impact on the litigation lifecycle and help clients save money and lower litigation risk through application of best practices, etc.

Professional Experiences

Lead Attorney-

SmithReyna / Level 2 Review

Since June 2011
Dallas - United States

Staff attorney representing: (1) technology company in patent infringement suit concerning online payment systems, and (2) oil field services provider in a multi-district litigation concerning action arising under the Oil Pollution Act of 1990, et. seq. and general maritime law in connection with historic oil well blow-our occurring in Gulf of Mexico. Duties include review of corporate documents for confidentiality, relevancy and assertion of privilege; review of opposing party documents. Lead attorney responsible for managing team of first level reviewers' work quality and productivity. 

 

Attorney

Allmand & Lee PLLC

From February Till June 2010
Dallas - United States

Consumer bankruptcy attorney.  Responsible for case strategy, implementation, and follow-up from initial client meet through close of case, including representing debtors at 341 Meeting of Creditors, Confirmation and Trustee's Recommendations Concerning Claims.  Handled docket of 100-150 cases at various stages.   Duties include assessment of debtor cases in a strategic manner consistent with Federal Bankruptcy Code and Texas property law rights .  Responsible for prepping and filing all barebones, schedule filings, notices of conversion, MTES, and oppositions to MFRS.  Filed and defended dispositive motions and prepared witnesses for testimony at various court hearings and meetings.  Extensive upsell and client retention responsibilities.  Very knowledgeable of Chapters 7 and 13 of the U.S. Bankruptcy Code.

Manager, Litigation

Baxter Schwartz & Shapiro

From April Till June 2009
Houston - United States


Lead attorney responsible for fast-paced foreclosure litigation spin-off docket. Duties including serving as primary client contact in efforts to secure desired goal of maximizing contract rights under mortgage and real estate lien documents. Responsibilities including full case responsibility beginning with case strategy, initial pleadings, written discovery, settlement discussions, case strategy, witness preparation, and trial. Primary billing attorney. Docket of approximately 45-60 first chair and 20-40 second chair matters involving claims based on the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), as well as claims based on wrongful foreclosure (inadequate notice and failure to accelerate), conversion, slander of title, fraud, and RESPA. Experienced with TRO and injunctive actions and declaratory judgment actions. Practice in federal and state court.

Attorney

Trial Solutions of Texas

From March 2007 Till February 2009
Houston - United States

Legal counsel of electronic data discovery and litigation support consulting company.  Duties including review, modification, and negotiation of all company contracts, prosecution of United States Patent and Trademark Office applications, review of vendor outsource and purchase agreements, and negotiating past due invoices, including pre-suit demand. Extensive research and memorandum writing experience.

Duties including counseling clients on best practices concerning pre-litigation data mining strategies, offensive and defensive eDiscovery strategies, recommendations concerning document management issues, analysis of various electronic data hosting platforms, planning for electronic document review, and other issues related to the identification, collection, processing, review and production of electronic data used during the litigation process.  Primary project management duties for document review projects.

Attorney

Baker Botts / Fulbright & Jaworski

From June 2006 Till March 2007
Houston - United States

Staff attorney representing: (1) technology company in defense of securities fraud action brought by Securities and Exchange Commission; (2) medical devices conglomerate in offensive patent infringement suit; (3) discount retail company (Dow 30 company) in wage/hour (FLSA) and employment discrimination (Title VII) claims asserted in class action and collective action (MDL) litigations; (4) commercial finance company in breach of contract dispute with software vendor.  Duties included review of corporate documents for confidentiality, relevancy and/or assertion of privilege and review of opposing party documents .  Employment through placement agency.

Chief Counsel

NTA Mortgage

From February 2002 Till January 2006
Dallas - United States

Responsibilities including drafting, editing, and filing documents in connection with residential real property transactions.  Resolving issues relating to defects of title; drafting and/or modifying loan agreements and security agreements; resolving appraisal and survey inaccuracies; drafting deeds of trust, notes, purchase and sell agreements; curing stale/erroneous liens; and drafting and filing subordination of lien agreements, and reviewing real property title commitments/policies. 

 

Substantial duties in supporting origination operations, especially skilled at structuring transactions involving multiple parties.  Familiar with a variety of financial vehicles, including: no down payment, piggybacks, FHA, VA, home equity loans, hard money, construction, wraps and seller finance transactions.

Associate Attorney

Locke Lord Bissell & Liddell

From September 1998 Till January 2002
Dallas - United States

Commercial litigation and labor and employment associate.  Litigation experience includes creditor rights representation, real property contract disputes, bank (UCC/Check 21) fraud, business torts, breach of fiduciary duty, franchisee/franchisor disputes, failed software agreement disputes, misappropriation, false advertising, DTPA, and other commercial law issues.
 
Experience including propounding and defending discovery requests, large-scale document review and data management, witness preparation and interrogation, drafting/editing various agreements, brief writing, and representing clients at depositions (offensive and defensive), mediations, settlement negotiations, and before federal (including bankruptcy) and state courts.

Law Clerk

US District Court

From September 1997 Till August 1998
Beaumont - United States

Law clerk to Honorable Earl S. Hines duties including performing legal research and counseling Judge Hines on pending motions/issues before the Court; drafting court correspondence and legal memoranda, coordination of case management with attorneys; and drafting court orders, reports, and judicial opinions.

Commercial Loan Relationship Manager

Comerica Bank NA

From December 1991 Till August 1994
Dallas - United States
Lender responsible for establishing and maintaining client relationships of loan products up to $5 million. Handled client portfolio of loans of approximately $50 million. Duties involved extensive financial analysis and underwriting of commercial loan prospects, including SWOT analysis of financials, industry and management considerations. Completed 24-month loan officer training program in 20-months.

Educational Background

Certificate of Training

Trial Solutions

August 2008
Houston - United States

Computer Forensics Management Overview

National Institue of Trial Advocacy

CLE

January 2000
Fort Worth - United States

Trial Tactics & Advocacy Skills

Juris Doctorate

Tulane Law School

May 1997
New Orleans - United States

Cum Laude

Mock Trial Semi-Finalist

Tulane Environmental Law Journal, Editor

Tulane Civil Law Clinic

Tulane Business Law Society, Founding President

Student Bar Association, Treasurer

Finance & Banking

University of North Texas

December 1991
Denton - United States

Bachelors of Business Administration

Skills

Research & Writing Skills

A key component of the skillset of a successful litigator is his ability to communicate and persuade.  I have honed writing skills over my career to become an effecient, effective, and persuasive writer.   Over my 10 year legal career, I developed an ability to write all manner of communications from persuasive court briefs and memoranda, to informative internal memoranda and action-provoking client communications.  I am a notorious spell-checker, proof-reader and a serial editor always seeking to improve communication efforts.  Of course, communication is effective only if the source information is thorough and accurate.

I use all manner of research channels to research issues.  From online databases to private investigators, public documents, web-searches, phone records, to case documents, and in-person interviews.  I utilize legislative hisotry and discussions, agency opinions and reports, industry experts opinions, study results, and virtually any other available means to gather information that provides clients a means of making the most informed decision possible.

Presentation Skills

I am experienced presenting information to small to mid-sized groups.  This includes research, development and presentation of information.  I am very familiar with Microsoft Powerpoint software.

Electronic Data Discovery

I am very familiar with electronic data and its burdens on the litigation lifecycle.  I offer knowledge of the industry leading standards of collecting and handling critical electronic data and am familiar of the various software tools and programs available. My experience includes counseling clients on issues re: forensic data collection and processing and production. I have also served as project management on large electronic document review projects. Additionally, I am experienced with the following review tools: Concordance, FYI, Iconnect, Ringtail, Summation, Kroll Ontract, Relativity, Documatrix, Orange One, Viewpoint, Stratify, ImageDepot, and Applied Discovery.

Litigation Skills

Experienced trial attorney skills including:

  • Court-room presentation
  • Witness interrogation (deposition and courtroom)
  • Trial strategy and planning
  • Discovery planning and strategy
  • Depositions (interrogation and defense)
  • Temporary Restraining Orders
  • Writtern discovery propouding/defense
  • Very familiar with the Rules of Civil Procedure and local court rules
  • Negotiation, settlement and mediation

Languages

English

Native language

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