Archive

Hudson M. Jobe

Practice Description

Mr. Jobe is a Shareholder in the firm’s bankruptcy and business litigation practice areas. He is Board Certified in Business Bankruptcy Law by the TBLS. His practice focuses on bankruptcy proceedings and related litigation, along with state and federal court receivership proceedings. He also practices commercial litigation across a wide array of industries.

Previous law clerk for the Honorable Robert L. Jones, United States Bankruptcy Court for the Northern District of Texas.

Previous judicial intern for the Honorable William R. Greendyke, United States Bankruptcy Court for the Southern District of Texas.

Representative Experience

Trustee: Served as lead counsel for bankruptcy trustees in over 100 bankruptcy cases and related adversary proceedings. Responsible for the collection of millions of dollars of estate funds for the benefit of creditors and investors through preference actions, fraudulent transfer claims, and related bankruptcy litigation.

Business Reorganization: Represented individuals and businesses in reorganization, liquidation, and bankruptcy-related litigation, including complex cases under both Chapter 11 and Chapter 7. Cases have included the adjustment of millions of dollars of debt and the preservation of going-concern value for the benefit of creditors, owners, vendors, and employees.

Credit Recovery/Defense: Assisted lenders seeking to recover from insolvent entities, and lenders sued on Chapter 5 avoidance and other lender-liability claims. Such representation routinely involves both global and regional lenders, as well as other types of creditors with a significant stake in the going-concern value of the debtor enterprise.

Business/Asset Sales: Served as counsel to buyers and sellers of assets and operating businesses in bankruptcy. Prior representation has inlcuded due diligence of the bankrupt’s financial affairs, crafting appropriate bids and bid procdures, crafting and negotiating asset purchase agreements, and consummating sale trasactions and addressing susequent title and documentation issues.

Litigation: Assisted or served as primary litigation counsel in federal and state court litigation implicated by potential or actual bankruptcy filings. Prior cases have included the strategic evaluation and implementation of various litigation and bankruptcy strategies, such as automatic stay considerations, venue, and other jurisdictional vehicles. Recent cases include $100MM avoidance claims.

Receivership: Served as lead and co-counsel for state and federal court receivers. Cases have included the sale of receivership assets, investigations related to “Ponzi schemes”, and the pursuit of related litigation against conspirators and agents of receivership defendants.

Awards & Honors

SuperLawyers: “Texas Rising Stars” (Texas Monthly magazine, 2012-2013)

John C. Ford Inn of Court

Medal of Excellence, American Bankruptcy Institute

Joseph Nance Scholar, Baylor School of Law

Rachel Hytken

November 9, 2013

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Practice Description

Ms. Hytken’s practice involves representation of financial institutions, banks and debt servicers in consumer financial services litigation involving wrongful foreclosure claims, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Texas Debt Collection Act, and the Texas Deceptive Trade Practices Act.

Representative Experience

-Represented national financial institutions in various litigation matters, including wrongful foreclosure issues.

– Represented title insurance companies and the insured in a variety of disputes, including fraud, breach of contract, and quiet title claims.

– Clerked at a federal government agency charged with supplying hydorelectric power to the Northwest. Worked on issues involving labor disputes, intergovernmental conflict, and a variety of tort issues.

Selected Publications, Seminars and Cases

“Electronic Discovery: To What Extent do the 2006 Amendments Satisfy Their Purposes?” 12 Lewis & Clark Law Review 599, 2008

Community Involvement, Affiliations and Memberships
Member, Dallas Bar Association

Committee Member, SPCA of Texas

Awards & Honors

Scholar List

Law Review

Kenneth A. Hill

November 9, 2013

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Practice Description

Mr. Hill advises parties in business litigation matters involving contract disputes, receiverships, landlord-tenant issues, debt collection, deceptive trade practices, fraud, and other business disputes.

He works with companies and individuals in all aspects of bankruptcy matters under chapters 7, 11 and 13 of the Bankruptcy Code. Combines the highest standards of client service with extensive experience and legal expertise to provide excellent representation to every client every time.

Representative Experience

Nineteen years of experience representing a wide array of businesses and individuals in business litigation and bankruptcy matters.

Recovered damages on leases and secured financing transactions for several banks and finance companies.

Recovered delinquent receivables for a national aviation company.

Represented the franchisee of several fast food restaurants in an orderly business liquidation under chapter 11 of the Bankruptcy Code.

Represented a financing company defending a multi-million dollar fraudulent transfer claim arising out of a bankruptcy case.

Represented individuals in a federal lawsuit against a local television station for violations of federal and state wiretap laws.

Selected Publications, Seminars and Cases

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

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

Peavy v. WFAA-TV, Inc., 221 F.3d 158 (5th Cir. 2000)

Bailey v. Sorenson Laboratories, Inc., 217 B.R. 523 (Bankr. E.D. Tex. 1997)

Awards & Honors

AV ® PREEMINENT Martindale-Hubbell rating

Michael Feiler

November 9, 2013

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Practice Description

Mr. Feiler helps clients in a variety of litigation matters including commercial and construction disputes, along with complex insurance litigation, coverage disputes and rescission actions (especially involving fidelity and surety bonds), and the defense of insureds in a variety of business, property, and personal injury claims. Although primarily on the defense side, his practice includes representation of plaintiffs in complex insurance and commercial litigation, and employment-related claims.

Representative Experience

Representation primarily on defensive side, but also represents plaintiff-insurers in coverage disputes.

Speaker at national programs related to fidelity and surety law.

Selected Publications, Seminars and Cases

Timing is Everything, Except When it Isn’t: The Notice/Prejudice Rule and Its Effect on Fidelity Bond Claims, American Bar Association, Tort Trial & Insurance Practice Section, Fidelity and Surety Law Committee (author and speaker)
(New York, Jan. 27, 2012).

You Can’t Ask That! Asserting Work Product Protection for Deposition Preparation Materials,
20 The Brief, No. 2 (ABA Winter 2011).

Co-Author, When is a Material Change Really Material?, 13th Annual Gulfcoast Fidelity & Surety Institute
(Boca Grande, June 2-5, 2011).

Ponzi Schemes: Claims, Coverage Issues and Quantification of Losses, Surety Claims Institute (author and speaker)
(Cape Cod, MA, June 24-26, 2009).

Contributing Author, The Attorney-Client Privilege and the Work Product Doctrines – The Boundaries of Protected Communications Held By Insureds and Insurers, XIV Fidelity Law Journal
(Michael Keeley and Martha L. Perkins, eds. October 2008).

Co-Author, Voiding A Policy Obtained By Fraud, Other Than Through Normal Rescission, 10th Annual Gulf Coast Fidelity and Surety Institute (May 29 – June 1, 2008).

Contributing Author, Loan Loss Coverage Under Insuring Agreement (A), in Loan Loss Coverage Under Financial Institution Bonds (Gilbert J. Schroeder and John J. Tomaine, eds., ABA 2008).

Co-author, Construction and Surety Law, Annual Survey, 61 SMU Law Review 705 (2008).

Thornburg Insulation, Inc. v. J.W. Terrill, Inc., The Missouri Court of Appeals Correctly Interprets Standard-Form
Commercial Crime Policy Definition of “Occurrence”, Fidelity Law Assoc. Newsletter (Jan./Feb. 2008).

Co-author, Construction and Surety Law, Annual Survey, 60 SMU Law Review 839 (2007).

Co-author, Construction and Surety Law, Annual Survey, 59 SMU Law Review 1079 (2006).

W. Edward Carlton

November 9, 2013

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Practice Description

Mr. Carlton’s business and litigation practice currently focuses on providing consultation and representation to insurance carriers and policy-holders in numerous areas of insurance coverage; and defending insurers, self-insureds and third-party administrators against claims of insurance bad faith. He also maintains a commercial litigation practice representing self-insured employers, construction companies, contractors, and other business entities.

Representative Experience

Provided insurance coverage opinions, counsel and representation in disputes and litigation involving commercial general liability, professional liability, commercial property, environmental, workers’ compensation/employers’ liability and commercial umbrella liability policies.

Represented national primary and excess insurance carriers and third-party administrators in high exposure coverage and extra-contractual “bad faith” litigation.

Represented business clients in disputes involving insurance brokers, agents, carriers, third-party administrators, claims representatives and self-insureds.

Defended national construction companies, contractors and professional employer organizations in suits involving alleged construction defects and catastrophic damages and injuries.

Selected Publications, Seminars and Cases

The Challenge of Integrated Data and Information Management when Splitting the Claim File, Insurance Bad Faith & Coverage Conference, Claims & Litigation Management Alliance, New York, New York (2014).

To Split or Not to Split: Avoiding Bad Faith when Defense and Coverage Collide, Annual Conference, Claims & Litigation Management Alliance, Boca Raton, Florida (2014).

Preparing the Company Witness for a Bad Faith Deposition, Insurance and Bad Faith Coverage Conference, Claims & Litigation Management Alliance, Atlanta, Georgia (2014).

Proven Methods to Avoid “Wasting” a Policy When There are Multiple Investigations and Competing Demands, American Conference Institute’s 25th National Advanced Forum on Bad Faith Litigation, San Francisco, CA (2013)

Claim Manuals and Training Materials: How to Address Them During Discovery and Trial, Insurance Bad Faith and Extra-Contractual Liability, DRI, Boston, MA (2013)

Insurance Bad Faith – Getting Lean in Big Litigation: A New Way to Workout, Annual Conference, Claims & Litigation Management Alliance, San Antonio, TX (2013)

SIR’s, Settlement in Excess of Verdicts: When the Finger Pointing Starts, Fraud-Bad Faith-Coverage Conference, Claims & Litigation Management Alliance, Orlando, FL (2013)

Avoiding Bad Faith When Litigating Questionable Coverage: Reservation of Rights, Declaratory Judgement Actions, Partially Covered Claims and Additional Insured Issues, American Conference Institute’s 23rd Annual National Forum on Bad Faith Litigation, Orlando, FL (Nov. 2012)

The Insurer’s Right to Intervene – And other Problems When the Insured Assigns its Bad Faith Claims, Insurance and Bad Faith Coverage Conference, Claims & Litigation Management Alliance, Boston, MA (2012)

Duty of Good Faith: Insurance Claims Practices, Gallhager Basset, Sedgwick, Tri-Star, Travelers, Broadspire (2010)

Shifting the Risks: Selected Avenues of Risk Management in Texas Contractual Relationships, Texas Association of Defense Counsel (2010)

Duty of Good Faith and Fair Dealing: Insurance Claims Practices, Hartford Ins., ESIS (2009)

Fundamentals of Litigation Management, Counsel on Litigation Management (2009)

Case Assessment and Evaluation, Council on Litigation Management (2009)

Duty of Good Faith/Insurance Code Litigation: A Utilization Review Perspective, Hartford Ins. (2009)

Duty of Good Faith/Texas Insurance Code Litigation: Case Development, Hartford Ins. (2008)

Duty of Good Faith and Fair Dealing; A Claims Handling Perspective. Gallagher Basset (2007)

Defending Non-Subscriber Cases, Workers’ Comp Publication Seminar (2006)

Coverage Issues in Nursing Home Claims, DRI Insurance Coverage and Claims Institute (2006)

Twin City Fire Insurance Company v. Davis, 904 S.W.2d 663 (Tex. 1995)

Community Involvement, Affiliations and Memberships

Member, Defense Research Institute (Insurance Law Committee, 2003-present; SIU/Fraud Subcommittee Co-Chair, 2014; Board of Directors, 2014) (Commercial Litigation Committee, 2006-present)

Member, Texas Association of Defense Counsel (Board of Directors, 1999-2005;
Dallas Area Vice-President, 2002-2005)

Member, State Bar of Texas (Tort and Insurance Law Committee)

Member, Risk and Insurance Management Society, Inc. (2010-2012)

Member, Counsel for Litigation Management (Bad Faith Committee, 2009-present; eDiscovery & ESI Committee, 2013-present)

Awards & Honors

AV ® PREEMINENT Martindale-Hubbell rating