7.1.10
On June 30, 2010, Brent Kugler and Eric Wood obtained a summary judgment to defeat a $2 million breach of contract claim against a Texas direct sales company. A Dallas federal court dismissed the plaintiffs' claims based upon evidence that the plaintiff did not own the direct sales distributorship that was the basis for the plaintiffs' claims and evidence showing that the defendant direct sales company had fully paid all amounts owed under the distributor agreement to the plaintiffs' former spouse.
6.3.10
On June 3, 2010 the Fifth Circuit issued a published opinion affirming the Eastern District of Texas' ruling, CFTC v. Hudgins, 620 F. Supp.2d 790 (E.D.Tex. 2009), enforcing an equitable lien on Florida homestead property in favor of the Receiver, Mr. Crawford. The opinion is a huge victory for the defrauded investors on whose behalf the lien was sought (and foreclosed). It means that not even the infamously protective Florida homestead exemption can prevent the recovery of funds obtained from defrauded investors and traced into a homestead. The opinion can be found at Crawford v. Silette, 2010 WL 2200464,_F.3d_ (5th Cir. June 3,2010). Mr. Crawford was represented by Charlene Koonce in the district court and in the Fifth Circuit.
5.11.10
Paula Beasley has been named one of D Magazine's "Best Women Lawyers Dallas 2010" in the Commercial Real Estate Section based on votes from other attorneys, as well as extensive research by the publication. She is featured in the May issue of D Magazine, and is also listed on their website. please visit: www.dmagazine.com
4.28.10
Scheef & Stone, L.L.P. hosted an open house for local minority bar associations on Tuesday, April 27th at its Dallas office. In attendance were representatives and members from the J.L. Turner Legal Association, the Dallas Asian American Bar Association and the Dallas Hispanic Bar Association.
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4.22.10
Brad Whitlock will be delivering his speech “Getting Your Client Ready to Sell” on Friday, April 30, at the Essentials of Business Law CLE sponsored by the State Bar of Texas. This Continuing Legal Education Seminar will be hosted live in Dallas April 29-30, 2010 at the Westin Hotel Galleria.
3.29.10
Scheef & Stone is pleased to announce the addition of Travis E. Schwaer to the Firm. Travis is a cum laude J.D. and M.B.A. honors graduate from Texas Tech University and a B.B.A. graduate from Texas A&M University. He has represented clients in all phases of commercial real estate transactions involving the acquisition, development, financing, leasing and disposition of raw land, office, retail, multi-family and mixed-use properties. Currently, Travis focuses on distressed real estate practices including the take back, sale and leasing of REO properties and the modification of CMBS loans. His clients include special servicers, real estate developers, investors, institutional lenders and other national and multi-national corporate entities.
Scheef & Stone attorney, Mitch Little, has been selected to Texas Rising Stars for 2010 as a top securities litigation lawyer. Mitch was selected based on nominations by other attorneys, including members of the Texas Super Lawyers list, and is currently the only honoree from Collin County in this area of practice. "Our objective with Super Lawyers is to create a credible, comprehensive and diverse listing of outstanding attorneys." - Texas Super Lawyers - Rising Star Edition 2010. This list of Rising Star Lawyers is also published in the April Issue of Texas Monthly. Congratulations Mitch!
3.23.10
Eric Wood has been selected to Texas Rising Stars for 2010 as a top business litigation lawyer. Rising Stars are selected based on nominations by other attorneys, including members of the Texas Super Lawyers list. Honorees are the top up-and-coming Texas attorneys who are 40 or younger or have been in practice for fewer than 10 years. Fewer than 2.5 percent of attorneys in the state were chosen for this honor. This year’s Rising Stars list is featured in the April issue of Texas Monthly magazine. It also is available in the current issue of Texas Rising Stars, a publication co-produced by the publishers of Texas Monthly and Law & Politics Media, Inc. Congratulations Eric!
3.8.10
Today marks the opening of a new Scheef & Stone office in Phoenix, Arizona. We are very pleased to now offer our services to businesses of Scottsdale and the greater Phoenix areas. After practicing 4 years in Arizona, Stephen Womack, Esq., has rejoined the firm and is heading up our new office. For more information please contact Steve by telephone:(480) 302-3704; fax;(480) 302-3705; email; Stephen.womack@solidcounsel.com Learn more about the office location by clicking here.
2.11.10
Brent Kugler presented a webinar in conjunction with the Direct Selling Association's Coffee Break Briefing Series titled "FTC Testimonials Guidelines- What You Need to Know." The webinar focuses on new guidelines recently published by the Federal Trade Commission for evaluating testimonials and endorsements used by companies in advertising and the criteria used by the FTC in enforcement actions brought against companies accused of unfair or deceptive advertising practices.
10.15.09
Scheef & Stone, L.L.P. seeks to recruit and retain new and lateral attorneys with strong legal skills and diverse backgrounds. Part of our commitment is developing strong relationships with professional, educational, and community groups. To this end, in the fall of 2009, Scheef & Stone created a Diversity Intern Program by partnering with with Southern Methodist University's Dedman School of Law to find talented young minorty law students looking to enhance their classroom education.
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10.13.09
Paula Beasley will be speaking on October 21st, 2009 at the SW-AHMA
Annual Conference and Trade Show in San Antonia, Texas. She will
be talking in Workshop 2 on “Eviction Procedures - How to prepare
for and win your eviction case “ For more information on this
conference please visit: www.swahma.com
9.24.09
In an effort to recover commissions for investors, the receiver
for defunct oil and gas company Star Exploration Inc. is suing brokers
who allegedly offered unregistered shares of Star and related entities.
Receiver Kelly M. Crawford filed a complaint Sept. 16 in the U.S.
District Court for the Northern District of Texas against 15 broker
defendants for nearly $1.3 million in commissions they allegedly
made off of fraudulent transactions. Crawford also is seeking prejudgment
and postjudgment interest, attorneys' fees, expenses and court costs…
::read more::
8.12.09
On Wednesday, August 12, 2009, Scheef & Stone Partner, Mark Simon,
spoke to Vistage International members on “Recent Changes in Employment
Law for CEOs”. Mark’s presentation included a variety of current
issues and topics, including the Lilly Ledbetter Fair Pay Act, the American
Recovery Reinvestment Act, the Texas Fair Pay Act, and the current state of
the law in Texas concerning Non-Competition Agreements. Vistage International
is the world’s leading Chief Executive organization.
If you are interested in receiving written information on any of the topics
covered in Mark’s presentation, you are invited to contact him at mark.simon@solidcounsel.com or
call him directly at 214-706-4230.
7.28.09
Scheef & Stone partner Kelly Crawford obtained a significant opinion from
the Colorado Bankruptcy Court that exempts a Receiver’s claim for the recovery
of false profits from discharge. On July 20, 2009, the Honorable Judge Sidney
Brooks of the United States Bankruptcy Court for the District of Colorado entered
a lengthy opinion in a case brought by Kelly Crawford, as the Receiver, against
the debtors who received more than $300,000 in false profits from a Ponzi Scheme.
Mr. Crawford serves as the Receiver in a $78 million commodities pool scheme
that was shut down by the Commodity Futures Trading Commission last year. As
Receiver, Mr. Crawford traced $302,704 in false profits from the trading scheme
to a couple in Colorado, Dennis and Donna Myers. When Mr. Crawford sought to
recover the false profits from the Myers, the Myers filed Chapter 7 bankruptcy
in the Colorado Bankruptcy Court and sought to have the debt discharged. Mr.
Crawford, with the assistance of Scheef & Stone bankruptcy partner Patrick
Schurr, filed an Adversary Proceeding in the Colorado Bankruptcy Court requesting
the Court to declare Mr. Crawford’s claim exempt from discharge. The debtors
filed a motion to dismiss that was denied by the Colorado Bankruptcy Court. The
decision by the Court is significant in that there is no case law addressing
the issue of whether a claim to recover false profits from an investor is exempt
from discharge under Section 523(a)(19) of the Bankruptcy Code. Scheef & Stone
partner Charlene Koonce also assisted.
6.24.09
On June 3, 2009, Kelly Crawford as the Receiver for George
Hudgins, prevailed in a claim to recover Receivership
Assets from the recipient of those assets. Mr. Crawford
traced cash gifts from the operator of the Ponzi scheme
to an individual who paid off her condominium with the
cash. After reviewing both parties’ briefing and
hearing arguments, Judge Leonard Davis
imposed an equitable lien on the condo in favor of Mr.
Crawford, awarded sole and exclusion possession of the
condo to Mr. Crawford, and directed the sale of the condo.
By finding in favor of Mr. Crawford, Judge Davis pierced
the homestead exemption raised by the individual. A published
opinion regarding the ruling can be found at CFTC v. Hudgins,
__ F.Supp.2d__, 2009 WL 1562965 (E.D. Tex. June 3, 2009).
Mr. Crawford was represented by Charlene Koonce, also
of Scheef & Stone, L.L.P.
3.18.09
Our own, Eric Wood was selected to Texas Rising Stars
for 2009. Rising Stars are selected based on nominations
by other attorneys, including members of the Texas Super
Lawyers list. Honorees are the top up-and-coming Texas
attorneys who are 40 or younger or have been in practice
for fewer than 10 years. Fewer than 2.5 percent of attorneys
in the state were chosen for this honor. This year’s
Rising Stars list is featured in the April issue of Texas
Monthly magazine. It also is available in the current
issue of Texas Rising Stars, a publication co-produced
by the publishers of Texas Monthly and Law & Politics
Media, Inc. Congratulations Eric!
