Degrees:

• B.A. Sociology, 1978, Iowa State University: J.D., 1981 University of Iowa

Practice Focus:

• Representation of appellants and appellees in state and federal appellate courts. Consulting and assisting on dispositive, significant, and post-trial motions in trial courts. Providing trial support on appellate-related issues, such as preservation of error and preparing and objecting to the jury charge. Evaluating insurance-coverage issues for policyholders.

Publications:

• Fifth Circuit Editor, SUPERSEDING AND STAYING JUDGMENTS: A NATIONAL COMPENDIUM (ABA 2007) Chapter co-author, Statutory Interpretation Issues, TEXAS SUPREME COURT PRACTICE MANUAL (State Bar of Texas 2005) Lead Editor, A DEFENSE LAWYER’S GUIDE TO APPELLATE PRACTICE (DRI 2004) Contributor to BLACK’S LAW DICTIONARY (Bryan A. Garner ed., 7th ed. 1999, 8th ed. 2004, and 9th ed. 2009) 20 Tips for Writing Shorter Briefs, DALLAS BAR HEADNOTES, April 2009, at 11 Tension in the Duty to Defend, DALLAS BAR HEADNOTES, December 2007, at 8 The Elusive Nuance in Philip Morris USA v. Williams, MEALY’S LITIGATION REPORT: TOBACCO, April 2007, at 28 Circuits Grapple With Courts’ Role in Arbitration, NAT’L L.J., February 19, 2007, at S3 Variations on Verbosity, FOR THE DEFENSE, June 2006, at 56 Pesky Words Redux, FOR THE DEFENSE, August 2005, at 64 Pursuing the Fraudulent Promise, TEXAS BUSINESS LITIGATION, Spring 2005, at 3 Radiating Visual Appeal, FOR THE DEFENSE, November 2004, at 62 Appeal in Error: Common Mistakes Made in Appeals, DALLAS BAR HEADNOTES, August 2004, at 10 The Corruption of Legal Research, FOR THE DEFENSE, April 2004, at 39 Farewell to Uncitable Opinions – Rule 47 Amended, DALLAS BAR HEADNOTES, January 2003, at 10 Pesky Words, FOR THE DEFENSE, January 2003, at 49 Tools for Legal Writers, FOR THE DEFENSE, September 2001, at 43 Framing the Deep Issues, FOR THE DEFENSE, November 2000, at 29 Vital Transitions, FOR THE DEFENSE, June 2000, at 61 Aphorisms to Write By, FOR THE DEFENSE, May 2000, at 54 New Leads, FOR THE DEFENSE, October 1999, at 40 Paying Your Tolls, FOR THE DEFENSE, September 1999, at 52 Exorcise Plus, FOR THE DEFENSE, July 1999, at 48 Appeal in Error: Common Mistakes on Appeal, FOR THE DEFENSE, December 1998, at 13 A 50-Pound Brief in a 15-Pound Bag, TEXAS LAWYER, July 28, 1997, at 24

Representative Cases:

• Provident Am. Ins. Co. v. Castaneda, 988 S.W.2d 189 (Tex. 1999) State Farm Mut. Auto. Ins. Co. v. Whitehead, 988 S.W.2d 744 (Tex. 1999) Brown v. Shwarts, 968 S.W.2d 331 (Tex. 1998) Clayton W. Williams, Jr., Inc. v. Olivo, 952 S.W.2d 523 (Tex. 1997) Maryland Ins. Co. v. Head Indus. Coatings & Servs., Inc., 938 S.W.2d 27 (Tex. 1996) Golden Spread Council, Inc. v. Akins, 926 S.W.2d 287 (Tex. 1996) Johnson County Sheriff's Posse, Inc. v. Endsley, 926 S.W.2d 284 (Tex. 1996) Spencer v. Eagle Star Ins. Co. of Am., 876 S.W.2d 154 (Tex. 1994) Lyons v. Millers Cas. Ins. Co., 866 S.W.2d 597 (Tex. 1993) Gold Kist, Inc. v. Texas Util. Elec. Co., 830 S.W.2d 91 (Tex. 1992) Pope v. Stephenson, 787 S.W.2d 953 (Tex. 1990) Marlin v. Robertson, No. 04-08-00428-CV, 2009 WL 4667408 (Tex. App.—San Antonio Dec. 9, 2008, no pet. h.) Hunt Oil Co. v. Live Oak Energy, Inc., No. 05-07-01553-CV, 2009 WL 3337646 (Tex. App.—Dallas Oct. 19, 2009, no pet. h.) Red Roof Inns, Inc. v. Murat Holdings, LLC, 223 S.W.3d 676 (Tex. App.—Dallas 2007, pet. denied) Hewlett-Packard Co. v. Benchmark Elec., Inc., 142 S.W.3d 554 (Tex. App.—Houston [14th Dist.] 2004, pet. denied) Duer Wagner & Co. v. City of Sweetwater, 112 S.W.3d 628 (Tex. App.—Eastland 2003, no pet.) In re Toyota Motor Corp., 94 S.W.3d 819 (Tex. App.—San Antonio 2002, orig. proceeding) JHC Ventures L.P. v. Fast Trucking, Inc., 94 S.W.3d 762 (Tex. App.—San Antonio 2002, no pet.) Dallas County Med. Soc’y v. Ubiñas-Brache, 68 S.W.3d 31 (Tex. App.—Dallas 2001, pet. denied) Transcontinental Gas Pipeline Co. v. Texaco Inc., 35 S.W.3d 685 (Tex. App.—Houston [1st Dist.] 2000, pet. denied) Financial Sec. Servs. Inc. v. Phase I Elec. of W. Tex., Inc., 998 S.W.2d 674 (Tex. App.—Amarillo 1999, pet. denied) Shivers v. Texaco Exploration & Prod. Inc., 965 S.W.2d 727 (Tex. App.—Texarkana 1998, pet. denied) Wheaton Van Lines, Inc. v. Mason, 925 S.W.2d 722 (Tex. App.—Fort Worth 1996, writ denied) Patel v. Midland Mem’l Hosp. & Med. Ctr., 298 F.3d 333 (5th Cir. 2002) Bonner v. Henderson, 147 F.3d 457 (5th Cir. 1998) Utica Lloyd’s of Tex. v. Mitchell, 138 F.3d 208 (5th Cir. 1998)

Honors and Awards:

• Board Certified in Civil Appellate Law, Texas Board of Legal Specialization (1995-present) Listed in Texas Monthly as a Texas Super Lawyer (top 5% of attorneys in the state) (Appellate Law) (2003-09) Listed in Best Lawyers in America (Appellate Law) (2007-10) Winner of DRI’s G. Duffield Smith Outstanding Publication Award for the best article published in For the Defense in 2004 (article entitled The Corruption of Legal Research) Fellow, Texas Bar Foundation Fellow, Dallas Bar Foundation

Nature of Firm's Practice:

• Full Service (transactional and litigation)

Other Information:

• State Bar of Texas member – Pattern Jury Charge Committee (Business, Consumer, and Employment) (2007-present) Dallas Bar Association member – Board of Directors (2010-12) chair – Appellate Law Section (2006) Texas Association of Defense Counsel member – Board of Directors (2008-present) member – Amicus Curiae Committee (1995-present) DRI – The Voice of the Defense Bar chair – Amicus Committee (2008-present) chair – Appellate Advocacy Committee (2007-09) founding editor – Appellate Advocacy Committee newsletter, Certworth (1998-2003)