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About

CURRENT LAW PRACTICE

1983-present: Trial practice in federal and state courts, and before administrative and regulatory agencies; rulemaking proceedings in federal administrative and regulatory agencies; criminal law involving administrative and regulatory law; federal statutory claims; general civil litigation, commercial and contract claims.

Significant cases:

(1) Obtained release of goods seized by US Customs for counterfeit trademark of Underwriters Laboratories, dismissal of fines in excess of $8,000,000 and non-prosecution by U.S. Attorney, with consent from UL;
(2) Obtained dismissal of $6,000,000 suit by U.S. Department of Justice in Federal False Claims Act case arising from SBA loan scandal in New England states;
(3) Obtained award of funds from U.S. Department of Energy under Consent Order with oil company, following DOE’s adoption of client’s case against the oil company and initiation of regulatory enforcement action based on client’s case.

SIGNIFICANT AREAS OF REPRESENTATION

As Trial Attorney for U.S. Department of Energy, and by designation from U.S. Department of Justice, represented the United States in federal trial and appellate courts, and administrative and regulatory agencies in the following areas of law:

(1) Federal Court enforcement and review of regulatory rule-makings, interpretations and rulings in the administrative process, including negotiation, and enforcement of Federal Consent Orders;
(2) Federal rule-making and interpretations and rulings concerning regulations;
(3) Interpretation of Presidential Executive Order decontrolling petroleum and petroleum products in January 1981;
(4) Enforcement of Federal Energy Regulations and Rulings in federal courts, preparation of criminal prosecutions, and represented federal officials subpoenaed by grand juries;
(5) Federal contract claims, including procurement contracts;
(6) Federal Tort Claims Act cases concerning radiation injuries;
(7) Federal employment discrimination claims;
(8) Representation of federal agency in court proceedings to collect under letter of credit for purchase of crude oil;
(9) Preparation of Responses to Congressional letters of inquiry.

In private practice represented parties in federal and state trial and appellate courts, and administrative and regulatory agencies, in several states in the following areas of law:

(1) Federal False Claims Act;
(2) Federal Regulatory Enforcement actions;
(3) Claims under Federal Consent Orders for distribution of funds;
(4) Federal RICO claims;
(5) Commercial claims on contracts, notes and negotiable instruments, including antitrust claims and international claims;
(6) Corporate responsibility and liability of officers, directors and shareholders;
(7) Federal employment discrimination claims and Title IX claims;
(8) Trade secrets, non-competition, franchise practices, and deceptive trade practices;
(9) Criminal defense and collateral review of sentencing;
(10) Customs laws and regulations regarding trademarks and country of origin.

PREVIOUS EXPERIENCE

1978-83: U.S. Department of Energy, Washington, D.C. Trial Attorney and Adviser; represented the United States by special designation from U.S. Department of Justice.
1974-78: General Civil and Criminal Practice, and Special Public Defender, Sanford and Orlando, Florida.
1975-76: Assistant Professor and adjunct, University of Central Florida, Orlando.
1973-74: General Civil Practice, Chief of Consumer Litigation, Legal Services Foundation, Inc., Dallas, Texas.
1971-73: General Civil Practice, Chief of Consumer Litigation, Legal Aid Society of Travis County, Texas, Inc., Austin, Texas.
1970: Trial Practice (temporary), McGinnis, Lochridge & Kilgore, Austin, Texas.

Practice Areas

  • Business
  • Government/Administrative
  • Litigation: Commercial

Admission Details

  • Admitted in 1970, Texas
  • 1973, Florida
  • U.S. Supreme Court
  • U.S. Courts of Appeal, Fifth, Seventh, Ninth Circuits and Temporary Emergency Court of Appeals
  • U.S. District Court, Western and Northern Districts of Texas
  • U.S. District Court, Northern District of Indiana
  • U.S. Court of Claims

Law School Attended

  • University of Chicago Law School, Class of 1970, J.D., Scholarship
  • University of Texas School of Law, Law Review, 1967-68
  • University of Texas School of Law, Government, History, Law and Advanced Language Studies, 1976-77

University Attended

  • University of Notre Dame, Class of 1967, A.B., Government and Political Science, Senior Honors Thesis, Teaching Assistant in Spanish and Political Science
  • U.S. Naval Academy, Presidential Appointment, Superintendent’s List, 1963-64

Languages

  • Some Spanish