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

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