Practice Description

Mr. Quilling functions as a receiver in cases throughout the United States and Canada. Please visit www.secreceiver.com for more information.

He also represents companies, individuals and creditor committees in all aspects of bankruptcy matters under Chapters 11 and 7 of the Bankruptcy Code. He also represents parties in cases involving contract disputes and business torts.

Current SEC Receivership Cases

Securities and Exchange Commission v. ABC Viaticals, Inc., C. Keith LaMonda, and Jesse W LaMonda, Defendants and LaMonda Management Family Limited Partnership, Structured Life Settlements, Inc., Blue Water Trust and Destiny Trust, Relief Defendants; Civil Action No. 3:06-CV-2136-P (N.D. Tex.) (approximately 4000 claimants and $120 million of investor funds)

Securities and Exchange Commission v. Secure Investment Services, Inc., American Financial Services, Inc., Lyndon Group, Inc., Donald F. Neuhaus, and Kimberly A. Snowden,Civil Action No. 2:07-CV-01724 GEB CMK (E.D. Cal.) (approximately 600 claimants and $30 million of investor funds)

Other Current Receivership Cases

Ann Nosratieh, as Executrix on behalf of the Estate of Robert Laird Lindsay, as Representative Plaintiff- and- Strategic Metals Corp. and Capital Alternatives Inc., Defendants; (Court of the Queen’s Bench of Alberta, Judicial District of Calgary)

Selected Published Cases

Quilling v. Cristell, No. 3:04-CV-252, 2006 WL 316981 (W.D.N.C. Feb. 9, 2006)

Quilling v. Grand Street Trust, No. 3:04-CV-251, 2005 WL 1983879 (W.D.N.C. Aug. 12, 2005)

Quilling v. Compass Bank, No. No. 3:03-CV-2180, 2004 WL 2093117 (N.D. Tex. Sep. 17, 2004)

Quilling v. Gilliland, No. 3:01-CV-1617, 2002 WL 373560 (N.D. Tex. Mar. 6, 2002)

Peavy v. Harman, 37 F. Supp. 2d 495 (N.D. Tex. 1999)

Goodspeed v. Harman, 39 F. Supp. 2d 787 (N.D. Tex. 1999)

In re Pro-Snax Distributors, Inc., 204 B.R. 492 (Bankr. N.D. Tex. 1996)

Simpson v. MBank Dallas, N.A., 724 S.W.2d 102 (Tex. App.–Dallas 1987)

In re Norriss Brothers Lumber Company, Inc., 133 B.R. 599 (Bankr. N.D. Tex. 1991)

Myers v. Ginsburg, 735 S.W.2d 600 (Tex. App.–Dallas 1987)

Awards & Honors

“Texas Super Lawyers” (Texas Monthly magazine, 2003-2013)

“Best Bankruptcy Attorney” (D Magazine, 2009 & 2011)

“Texas Top-Rated Lawyers” (Dallas Morning News & The Wallstreet Journal, 2012)

“Top 100 Texas Lawyers” (Texas Monthly magazine, 2006)

AV ® PREEMINENT Martindale-Hubbell rating

Practice Description

A significant portion of Ms. Puckett’s practice is devoted to insurance litigation involving both liability and first party property disputes. Ms. Puckett also provides coverage opinions to insurance carriers regarding property and liability policies, analyzing whether coverage exists under Texas law and other jurisdictions.

Representative Experience

All aspects of state and federal court litigation, including written discovery, depositions, motion preparation and briefing, and hearings. Cases resolved by dispositive motion whenever possible to ensure efficiency and avoid delay.
Law clerk to the Honorable Douglas S. Lang, Texas Fifth District Court of Appeals, Dallas, September 2008 to August 2009.

Selected Publications, Seminars and Cases

United National Ins. Co. v. Mundell Terminal Services, Inc., et al., 915 F. Supp. 2d 809 (W.D. Tex. 2012), aff’d 740 F.3d 1022 (5th Cir. 2014)

Burlington Ins. Co. v. M-C Production & Drilling Co., et al., Civil Action No. 6:10-CV-00443, 2010 WL 1194925 (E.D. Tex. Nov. 21, 2011)

Comment: The Proper Focus for FDA Regulations: Why the Fundamental Right to Self Preservation Should Allow Terminally Ill Patients with No Treatment Options to Attempt to Save Their Lives, 60 S.M.U. L. Rev. 635 (2007)

Community Involvement

Member, Dallas Bar Association
Associate, Patrick E. Higginbotham Inn of Court 2011-2012

Practice Description

Mr. Pickelman advises clients in complex commercial litigation, in addition to the defense and prosecution of cases involving professional negligence, catastrophic injury, transportation, premises liability, construction, products liability and insurance, both coverage and bad faith on behalf of insurers and policyholders.

Representative Experience

Successfully handled numerous matters ranging from personal injury to complex commercial disputes on behalf of both defendants and plaintiffs, in state, federal and bankruptcy courts in Texas and states throughout the United States.

Diverse practice has led to success in representing clients at both trial and appeal, as well as in arbitrations and other forms of alternative dispute resolution.

Selected Publications, Seminars and Cases

Warsaw Convention Revisited for the Last Time? 64 J. AIR L. & COM. 273 (1998)

Evett v. Consolidated Freightways Corp., 110 F.Supp.2d 510 (E.D.Tex. 2000)

Mt. Hawley Ins. Co. v. Lexington Ins. Co., 110 Fed. Appx. 371 (5th Cir. 2004)

Ferguson v. Mt. Hawley Insurance Co., Civil Action No. 2:03-CV-381 (E.D.Tex. 2004)

TIG Ins. Co. v. North America Van Lines, 170 S.W.3d 264 (Tex. App. – Dallas 2005, no pet.)

Universal Insurance Exchange v. Overland Underwriting Managers, Case No. 04-82393-bjh7 (N.D.Tex. Bank. 2005)(Opinion March 28, 2005)

Connaway v. Village Farms, L.P., 200 S.W.3d 353 (Tex.App.-Dallas 2006, no pet.)

Bergenholtz v. Cannata, 200 S.W.3d 287, (Tex.App.-Dallas 2006, no pet.)

Pierre v. Newman, Davenport & Epstein, P.C., 2006 WL 1522613 (Tex. App. – Dallas 2006, pet. denied).

Diamond H. Recognition LP v. King of Fans, Inc., 589 F.Supp.2d 772 (N.D. Tex. 2008)

West American Ins. Co. v. RLI Ins. Co., 2009 WL 3327203 (W.D. Mo. 2009)

Hanson v. Greystar Development & Const., LP, 317 S.W.3d 850 (Tex. App. – Fort Worth 2010, pet. denied)

Awards & Honors

“Top Lawyers in Dallas under 40” (D Magazine 2006)
“Texas Super Lawyers — Rising Stars” (2004-2013)
“Texas Top-Rated Lawyers” (Dallas Morning News & The Wallstreet Journal, 2013)
Order of the Coif — NOTE — top 10 in SMU law graduation class
Beta Gamma Sigma — NOTE — business degree equivalent of Phi Beta Kappa
SMU Law Review

Practice Description

Mr. Moser’s practice involves all aspects of commercial and consumer bankruptcy law. Representation primarily involves Chapter7 and Chapter 11 Trustees and debtors. Representation also includes commercial debtors, consumer debtors, secured and unsecured creditors in Chapter 7, 11 and 13 cases.

Representative Experience

Prior in-house counsel for Bonnet Resources Corporation, a Bank One subsidiary

Panel Chapter 7 Trustee in the Eastern District of Texas, Sherman Division

Selected Publications, Seminars and Cases

Attorney of record and/or trustee in the following published cases:

In re Leff, 88 B.R. 105 (Bankr. N.D. Texas 1988)
Stewart v. Law Offices of Dennis Olson, 93 B.R. 91 (N.D. Texas 1988), aff’d, 878 F.2d 1432 (5th Cir. 1989)
In re Dowco Petroleum, Inc., 137 B.R. 207 (Bankr. E.D. Texas 1992)
In re Witts, 180 B.R. 171 (Bankr. E.D. Texas 1995)
In re Robinson, 180 B.R. 174 (Bankr. E.D. Texas 1995)
In re Tinsley, 217 B.R. 188 (Bankr. N.D. Texas 1998)
Painwebber Inc. and Admiral Insurance Co. v. Murray, 260 B.R. 815 (E.D. Texas 2001)
In re Horne, 277 B.R. 320 (Bankr. E.D. Texas 2002)
In re Tomlin, 280 B.R. 374 (Bankr. N.D. Texas 2002)
In re Harbor Financial Group, Inc., 303 B.R. 124 (Bankr. N.D. Texas 2003)
Homecomings Financial Group Network, Inc. v. Litzler, 2004 W.L. 614845 (N.D. Texas 2004)
In re Ekuban, 177 Fed. Appx. 407, 2006 W.L. 1049130 (5th Cir. 2006)
In re Eisner, 2007 W.L. 2479654 (Bankr. E.D. Texas 2007)
In re Chambers, 2008 W.L. 540872 (Bankr. E.D. Texas 2008)
In re Parkway Sales and Leasing, Inc., 411 B.R. 337 (Bankr. E.D. Texas 2009)
In re Mullican, 2008 W.L. 5191196 (Bankr. E.D. Texas 2008)
In re Mullican, 417 B.R. 408 (E.D. Texas 2009)
In re Chambers, 419 B.R. 652 (Bankr. E.D. Texas 2009)
In re Chilton, 426 B.R. 612 (Bankr. E.D. Texas 2010)
In re Jacobsen, 2010 W.L. 2388425 (5th Cir. 2010)
In re Jacobsen, 609 F.3d 647 (5th Cir. 2007)
Thaw v. Moser, 769 F.3d 366 (5th Cir. 2014)
Feuerbacher v. Moser, 2012 WL 1070138 (Bankr. E.D. Texas 2012)
Chilton v. Moser, 674 F.3d 486 (5th Cir. 2012)
In re Goushey, 2011 WL 2470029 (Bankr. E.D. Texas 2011)
In re Brown, 375 B.R. 348 (Bankr. E.D. Texas 2007)

Co-Authored article entitled Representing Trustees – Client Confidentiality and the Attorney-Client Privilege. Published by National Conference of Bankruptcy Judges in 1988.

Awards & Honors

Board Certified by the Texas Board of Legal Specialization in both Business Bankruptcy Law and Consumer Bankruptcy Law since 1990.

Best Bankruptcy Lawyer in Dallas (D Magazine, 2012 & 2013)

“Texas Super Lawyers” (Texas Monthly magazine, 2003, 2005-2007, 2013)

AV ® PREEMINENT Martindale-Hubbell rating

Practice Description

Mr. Moody advises insurance companies and their insureds. He has successfully tried tort and contract actions ranging in length from one day to six weeks. He also counsels clients on insurance coverage matters, frequently speaks on insurance topics, and has developed a growing mediation practice that focuses on insurance coverage disputes.

Representative Experience

Over 36 years of experience handling a broad range of tort, contract and business disputes. He has represented primary and secondary domestic insurance carriers in high exposure first- and third-party coverage, class actions, and extra contractual “bad faith” litigation. He also has experience representing London and other European carriers in primary, excess and reinsurance disputes.

Through representation of insureds, has represented product manufacturers and suppliers in both business and tort litigation. He also has experience in representing contractors in defective construction and jobsite accident cases, as well as representation of professionals in errors and omissions claims.

Selected Publications, Seminars and Cases

Fortuity Doctrine: Trying to make sense of the concepts of “Known Loss”and” Loss in Progress”, presented at 2012 University of Texas Insurance Law Institute, Oct. 2012, Austin, Texas

Subrogation and Liens – Maximizing Your Client’s Recovery, unpublished paper presented to the University of Houston’s Advanced Insurance and Tort Claims seminar (Houston and Dallas, March 2007)

Coverage Issues in Construction Defect Claims, unpublished paper presented to the University of Houston’s Advanced Insurance and Tort Claims seminar (Houston and Dallas, April 2008)

Duty to Defend and the Right to Control the Defense, unpublished paper presented at the Defense Research Institute’s Annual Symposium on Excess and Reinsurance (1991)

Hartford Fire Insurance Co. v. C. Springs 300, Ltd., 287 S.W.3d 771 (Tex. App. — Houston 2009, writ denied)

Ethics Jeopardy, Council on Litigation Management, Annual Convention (2009 and 2010)

Diamond H. Recognition, L.P. v. King of Fans, Inc., 589 F.Supp.2d 772 (N.D.Tex. 2008)

Compelling Receivers to Arbitrate Under the Federal Arbitration Act, unpublished paper presented as part of the Mealey’s Insurance Insolvency and Reinsurance

Roundtable discussion on “Flirting With Disaster: Insolvency” (April 1999)

The Issues and Problems Presented by “Following Form” Excess Coverage, unpublished paper presented at the Defense Research Institute’s Annual Symposium on Excess and Reinsurance (1990)

TIG Insurance Co. v. Dallas Basketball, Ltd., 129 S.W.3d 232 (Tex. App. – Dallas 2004, writ denied)

Environmental Coverage Under First-Party Policies, unpublished paper presented at the Texas-Louisiana Oil and Gas Symposium (1992)

Maintenance v. ITT Hartford Group, 895 S.W.2d 816 (Tex. Civ. App. — Texarkana 1994, writ denied)

Nutmeg Insurance Company v. Pro-Line Corp., 836 F.Supp. 385 (N.D. Tex. 1993)

Hamm v. Allstate Ins. Co., 286 F.Supp.2d 790 (N.D. Tex. 2003)

Everest Reinsurance Company v. Howard, 950 S.W.2d 800 (Tex. Civ. App. — Austin 1997, writ denied) (lead counsel at trial court level)

Extra-contractual Claims in the Third-Party Context: Dead or Alive, unpublished presentation to the Dallas Bar Association Tort and Insurance Practice Section (May 2005)

Separating the Wheat from the Chaff: The Difference Between Breach of Insurance Contract and Bad-Faith Actions, unpublished paper presented to the University of Texas 9th Annual Insurance Law Institute (November 2004)

Insurance Coverage for Punitive Damages, Texas Association of Defense Counsel
Seminar (Las Vegas, Nevada, April 2001)

Hartford Lloyd’s Ins. Co. v. Yarbrough, 2006 WL 1469705 (S.D. Tex. 2006)

Reinsurance — What Is It?, unpublished paper presented at the University of Texas
Insurance Law Institute (September 1996)

The Advice of Counsel Defense — Its Parameters and Drawbacks, unpublished paper presented at the Defense Research Institute’s Annual Symposium on Excess and Reinsurance (1992)

Hartford Casualty Insurance Company v. Powell, 19 F.Supp.2d 678 (N.D. Tex. 1998)

Awards & Honors

“Texas Super Lawyers” (Texas Monthly magazine, 2006-2014)

“Best Lawyers in America” (U.S. News & World Report,
2006 -2015)

“Texas Top-Rated Lawyers” (Dallas Morning News & The Wall Street Journal, 2012-2014)

AV ® PREEMINENT Martindale-Hubbell rating

Practice Description

Mr. Lownds represents clients in complex litigation regarding banking, construction, fraud, corporate control, real estate, trademark infringement, commodities trading, deceptive trade practices and contract disputes. His consistent success in court has been based on his unique ability to condense and theme complex transactions and facts into simple and persuasive presentations.

Representative Experience

Appointed to American Arbitration Association, Commercial and Construction Panels, in 1991. Served as arbitrator over more than 100 arbitrations. Appointed to American Arbitration National Mass Claims Panel in 1998.

Served as lead appellate counsel in cases before the Courts of Appeal in Dallas, Houston, San Antonio, Amarillo, and Corpus Christi, as well as the Federal Circuit Courts of Appeal for the Fifth and Ninth Circuits.

Served as lead trial counsel with litigation team in over 50 trials and arbitrations involving commercial and business disputes. Trials and arbitrations range from a few days to over 4 months. Cases tried are diverse including disputes regarding construction delays in construction of petrochemical plants and retractable roof sports facility, business fraud, defective design of air separation facility, global freight forwarding contracts, trade secret and noncompetes, securities fraud, real estate, and the design, operation and warranty of industrial equipment.

Handled one of first “paperless” trials in Federal District Court in Dallas in 1995. For past 15 years has consistently taken advantage of the latest advancements in document management and presentation technology in discovery and the courtroom to provide the most effective advocacy for clients while keeping costs in line with the clients’ ultimate objectives.

Selected Publications, Seminars and Cases

Formosa Plastics Corp., USA v. Kajima International, Inc., 216 S.W.3d 436 (Tex.App.- Corpus Christi, 2006, pet. denied)

Bulko v. Morgan Stanley DW, Inc., 2004 WL 2973760 (N.D.Tex. Dec. 20, 2004) (Sanders, J.)

Federal Savings and Loan Insurance Corporation v. Cribbs, 918 F.2d 557

Campbell v. C.D. Payne and Geldermann Securities, Inc., 894 S.W.2d 411

Hirschfeld Steel Co., Inc. v. Kellogg Brown & Root, Inc., 201 S.W.3d 272 (Tex.App.- Houston [14 Dist.],2006)

American Fidelity Fire Inc. Co. v. Pixley, 687 S.W.2d 50 (Tex. App. -Houston [14 Dist]., 1985)

Shamrock Roofing Supply, Inc. v. Mercantile Nat. Bank at Dallas, 703 S.W.2d 256 (Tex. App. –Dallas, 1985)

Deer Creek Limited v. North American Mortgage Company, 792 S.W.2d 198

In re Kajima International, 139 S.W.3d 107 (Tex. App. – Corpus Christi, 2004)

Kajima International, Inc., v. Formosa Plastics Corporation, USA, 15 S.W.3d 289

Brown v. Capital Bank, N.A., 703 S.W.2d 231

Bulko v. Morgan Stanley DW, Inc., 450 F.3d 622 (5th Cir.2006)

Awards & Honors

“Texas Super Lawyers” (Texas Monthly magazine, 2004-2013)

“Texas Top-Rated Lawyers” (Dallas Morning News & The Wallstreet Journal, 2012)

AV ® PREEMINENT Martindale-Hubbell rating