James "Sandy" McCorquodale

For over 30 years, Sandy has represented businesses, professionals, insurers and insureds in areas including products liability, software disputes, franchise disputes, DTPA, fraud,. . . RICO, securities class and mass actions, receivership clawbacks, qui tams, professional liability and insurance coverage disputes. Sandy is admitted to practice before the State Courts of Texas, the United States District Courts in Texas (Northern, Southern, Eastern and Western Districts); the United States Courts of Appeal for the Fifth and Ninth Circuits; and the Supreme Court of the United States. Sandy is a member of the Texas Association of Defense Council, DRI, and serves on the council of the American Indian Law Section of the State Bar of Texas.

Sandy received his Bachelor of General Studies degree from the University of Texas at Dallas in 1980, following studies at the California Institute of Technology and Schiller International University in Strasbourg, France. Sandy then attended the University of Houston Law School, where he was Articles Editor at the Houston Law Review. After receiving his Juris Doctor degree in 1982, Sandy served as a law clerk to the Honorable Mary Lou Robinson, United States District Judge for the Northern District of Texas.

Sandy's Representative Matters and Experience

Mr. McCorquodale represents professionals, individuals and businesses in trials and appeals in state and federal courts in Texas.

Examples

Contract claims
Business collections
Insurance coverage
Lawyers’ professional. . . liability
Grievance proceedings
Accounting malpractice
Fiduciary liability under ERISA
Directors’ and officers’ liability
Texas Deceptive Trade Practices Act claims
Arbitrations
Class Actions Wrongful death
Serious accidents
Explosions, fires and collapses
Dram Shop claims
Products liability
Employment discrimination
Employment contract review
Major frauds
Investment and securities fraud
Franchisor/franchisee litigation
Software claims

Representation of Businesses

Product Liability. Representation of truck service body manufacturer in indemnity claim under Chapter 82 of the Texas Civil Practice and Remedies Code. General Motors Corp. and Rawson-Koenig, Inc. v. Hudiburg Chevrolet, Inc., 199 S.W.3d 249 (Tex. 2006).

Software. Representation of software company in dispute over implementation of Oracle 11i.

Software. Representation of software company in dispute over custom-coded enterprise software.

Commercial Litigation. Representation of loan servicing company in dispute over performance of portfolios of subprime automobile loans.

Commercial Litigation. Counsel for franchisees of 200+ Burger King® restaurants in Connecticut, New Jersey, Maryland, Virginia, Texas, New Mexico, Arizona, California, Hawaii and the District of Columbia in multiple arbitrations and adversary proceeding in Delaware bankruptcy court against AmeriServe Food Distribution, Inc., formerly the nation’s largest food service distribution company.


Representation of Lawyers and Accountants

DTPA. Representation of accounting firm in appeal of adverse verdict under the Texas Deceptive Trade Practices Act. Peisner Johnson & Co. v. Eagle Construction & Environmental Services, L.P., 2006 Tex. App. Lexis 4092 (Tex. App.–Eastland 2006), opinion and judgment withdrawn pursuant to settlement agreement, 2006 Tex. App. Lexis 4939 (Tex. App.–Eastland 2006).

Fraud. Representation of accountant and corporate officer in appeal of adverse verdict. Kelley v. Anderson, 171 S.W.3d 680 (Tex. App.–Dallas 2005), rehearing granted pursuant to settlement agreement, 2006 Tex App. Lexis 3855 (Tex. App.–Dallas 2006).

Professional liability. Representation of attorneys in grievance proceedings brought by the Office of Disciplinary Counsel of the State Bar of Texas.

RICO. Representation of national accounting firm in federal RICO action. Bonner v. Henderson, 147 F.3d 457 (5th Cir. 1998).

Securities Litigation (Class Actions). Representation of regional accounting firm in federal securities fraud class actions brought by common stockholders in Texas and noteholders in Mississippi, and in proceeding brought by the Trustee of a Litigation trust created under a Chapter 11 Plan of Reorganization.

Securities Litigation (Class Actions). Representation of national accounting firm in federal and state securities fraud class actions brought by common stockholders in Texas.

Securities Litigation (Mass Actions). Representation of international franchisor in state securities fraud and deceptive trade practices “mass action” litigation arising from franchisees’ fund-raising activities.

Qui Tam. Representation of regional accounting firm in Federal False Claims Act litigation over Medicare reimbursements.

Professional liability. Representation of law firm in appeal of jury verdict. (Retained after the verdict had been returned.)

Insurance disputes

Investigation, preparation and trial of insurance coverage disputes among policyholders, insurers and reinsurers for both insurers and policyholders. Preparation of coverage opinions; representation at alternative dispute resolution proceedings such as arbitrations, mediations and summary jury trials; and litigation in state and federal courts throughout Texas.

Advising clients regarding claims for bad faith, for breach of the duty of good faith and fair dealing, for breach of the Unfair Claim Settlement Practices Act and the Texas Prompt Payment of Claims Act (Chapter 542 of the new Texas Insurance Code, formerly parts of Articles 21.21 and 21.55 of the old Texas Insurance Code), for alleged violations of the Texas Deceptive Trade Practices Act (DTPA), and Stowers claims over the duty to settle.

Advising clients regarding disputes under a broad variety of insurance coverages, including:

Lawyers’ Professional Liability
Directors’ and Officers’ Liability
Comprehensive General Liability
Commercial General Liability
Life Underwriters’ Errors & Omissions
Real Estate Agents’ Errors & Omissions
Insurance Agents’ Errors & Omissions
Workers’ Compensation
Excess and Umbrella Policies
Equipment Breakdown Policies
Non-Profit Organization Policies
Homeowners Policies
Equine Mortality Policies
Life Insurance Policies
Annuity Policies
Health Insurance Policies
ERISA Disputes
Fidelity Insurance

Coverage and bad faith. Representation of insurance companies and policyholders in insurance coverage and bad faith actions.

ERISA Litigation. Statewide counsel for national life insurance company in securities and ERISA litigation, including class action-related claims.

School district policy. Representation of insurance company in appeal of jury verdict. (Retained after the verdict had been returned.) Canutillo Independent School Dist. v. National Union Fire Ins. Co., 99 F.3d 695 (5th Cir. 1996).

LPL policies. Representation of insurance company in dispute over coverage under a lawyers’ professional liability policy. Home Ins. Co. v. Walsh, 854 F. Supp. 458 (S.D. Tex. 1994).

D&O policies. Representation of insurance company in dispute over coverage for former directors and officers of a national bank under a D&O policy. Bartley v. National Union Fire Ins. Co., 824 F. Supp. 624 (N.D. Tex. 1992).

Workers Compensation. Representation of insurer in appeal of adverse verdict in which a jury found that the worker was totally and permanently incapacitated as a result of lung disease incurred in the course of his employment. Home Ins. Co. v. Blancas, 713 S.W.2d 192 (Tex. App.–Corpus Christi 1986, no writ).

Miscellaneous

Habeas Corpus. Representation of Mexican national in state and federal habeas corpus proceedings challenging capital murder conviction and death sentence. Irineo Tristan Montoya v. Scott, 65 F.3d 405 (5th Cir. 1995), cert. denied, 517 U.S. 1133 (1995).

Election Law. Representation of incumbent judicial candidate in mandamus action against the presiding officer of the State Democratic Executive Committee over canvassing of a recount. Martinez v. Slagle, 717 S.W.2d 709 (Tex. App.–San Antonio 1986) (mandamus)

Sandy's Speeches and Papers

Recent Developments in Class Action Arbitrations, Class Action Fairness Act of 2005 in Texas (Lorman Education Services 2005).

What Can We Learn About Advertising Injury Coverage From a “Psycho Chihuahua”?, in The Business Suit (Commercial Litigation. . . Committee of the Defense Research Institute 2005).

Procedural Issues in Bad Faith Cases, Insurance Bad Faith Claims in Texas (Lorman Education Services 2005) (paper and presentation).

Ethical Issues for Lawyers and Providers of Litigation Support Services, Sarbanes-Oxley Act Seminar (Lorman Education Services 2004, 2005, 2007) (paper and presentation).

Federal Court Cases Regarding Texas Insurance Law, Texas Tort Reform and Insurance Update (Lorman Education Services 2004) (paper and presentation).

Texas Tort Reform 2003, South Texas Chapter of the Risk and Insurance Management Society (September 2004) (paper and presentation).

After the Sarbanes-Oxley Act: Directors and Officers Insurance Needs, For the Defense, March 2003, at 43.

A Mediation Trio — Summary of Significant Alternative Dispute Resolution Cases from 2002, Texas Lawyer, December 23, 2002.

Insurance for E-Risks: Exposures and Coverage, Texas Insurance Law (Lorman Education Services 2002) (paper and presentation).

Legal Research in Texas: Current Internet Information, Texas Advanced Litigation Skills for Paralegals (Halfmoon Seminars 2002) (presentation).

Recent Developments in Texas Insurance Law, Dallas Association of Insurance Professionals (2002) (paper and presentation).

Technology for the Implementation of the HIPAA Privacy and Security Standards: Now and in the Future, Medical Practice Management in the Computer Age in Texas (Lorman Education Services 2001) (paper and presentation).

E-Commerce Privacy Claims, B2B and B2C E-Commerce Legal Issues (Lorman Education Services 2001) (paper and presentation).

Recent Developments in Subrogation Rights of Insurers, Texas Insurance Law (Lorman Education Services 2000) (paper).

Y2K Insurance Coverage Issues 1999, Texas Insurance Law Basics & Update (Lorman Education Services 1999) (paper and presentation).

Y2K Insurance Coverage Issues 1998, Texas Insurance Law Basics & Update (Lorman Education Services 1998) (paper and presentation).

Texas Supreme Court Eliminates Common Law Third-Party “Bad Faith,” Vial, Hamilton, Koch & Knox, L.L.P. Insurance Coverage Litigation Newsletter (Winter 1997).

Coverage Issues Raised by the 1995 Amendments to the Texas Deceptive Trade Practices Act, Vial, Hamilton, Koch & Knox, L.L.P. Insurance Coverage Litigation Newsletter (Spring 1996).

Suggested Elements of a Reservation of Rights Letter, Vial, Hamilton, Koch, & Knox, L.L.P. Insurance Coverage Litigation Newsletter (Fall 1995).

Recurring Coverage Issues Under Lawyers’ Professional Liability Policies, in Recent Developments in Insurance Law (Lorman Education Services 1995) (paper and presentation).

House Bill 1461: The 1993 Texas Insurance Reform Act, in Tackling the Texas Tort and Insurance Transformation (Vial, Hamilton, Koch, & Knox, L.L.P., 1993) (presentation).

The Status of Liability Insurance Policies in Chapter 11 Bankruptcies, Vial, Hamilton, Koch & Knox, L.L.P. Insurance Coverage Litigation Newsletter (three-part series appearing Summer 1992, Fall 1992 and Spring 1993).

An Overview of the 1991 Texas Insurance Reform Act, in Practical Primer on the 1991 Texas Insurance Reform Act (Vial, Hamilton, Koch & Knox, 1991).

Comment, Discovery of Tenure Proceedings — Through the Privilege Barrier, 20 Hous. L. Rev. 1447 (1983) (discussing discovery of tenure votes and peer evaluation material in Title VII discrimination cases)

Rich Aubin

Rich brings diverse set of practices to bear for A M Lawyers: litigating, mediating, umpiring and consulting in addition to managing the operations of the Firm.

Rich’s more. . . than twenty years of litigation experience have placed him before state courts, federal courts and a variety of other tribunals throughout Texas and the country. Rich has represented manufacturers, technology service companies, municipalities, real estate companies, financial institutions and other businesses. The subject areas of his cases has varied widely, but includes the counseling of clients and handling of trial and appellate disputes in the areas of technology, intellectual property, employee benefits, business relationships, employment, civil rights actions, and open records litigation. Rich is admitted to practice before the State Courts of Texas, the United States District Courts in Texas (Northern, Southern and Eastern Districts), Arkansas (Eastern and Western Districts) and Colorado; the United States Courts of Appeal for the Third and Fifth Circuits; and the Supreme Court of the United States. Rich has brought this litigation experience to bear in his mediation practice and as a TDI-approved umpire for Texas Wind Insurance Association claim disputes.

Rich's years of experience in law firm operations and technology has led others to seek his counsel on law firm operations, trial technology services, as well as law firm creation and dissolution. Rich counsels attorneys in all aspects of establishing their own law firms.

Rich received his Bachelor of Arts degree in English and Government from Georgetown University in 1989. Rich received his law degree, cum laude, from Boston University School of Law in 1993. While at Boston University, he was named a G. Joseph Tauro Scholar and a Paul J. Liacos Scholar. Rich obtained his mediation training from the University of Texas School of Law, Center for Public Policy Dispute Resolution

Patrick J. Kimmel

There are few things in life that Patrick doesn’t know…except for the following: foreign languages, calculus, painting, driving a manual, cooking, knitting, car repair, badminton, curling, glass blowing, medicine, engineering, equestrianism, gymnastics, the dewey decimal system, etc. (It’s a long. . . list).

But what Patrick does know, he knows and does well.

Following his bachelors of science in business and marketing from Boston College in 2003 and during the completion of his juris doctorate from the University of Minnesota Law School in 2006, Patrick worked to keep a foot in the business world and the legal world by working as a marketing consultant for various clients in order to grow his skills in all types of situations and with all types of people. Patrick also studied international legal matters at University College Dublin in Dublin, Ireland.

Patrick had the opportunity to clerk for the Honorable Michael T. De Courcy in Ramsey County, MN, where he received a rare an invaluable look into being an attorney from the other side of the bench and gained insight into what truly results in the best possible outcome for his clients. Following his clerkship, Patrick worked as corporate counsel for a national marketing and advertising agency handling an array of business matters from employment issues and contract negotiations to compliance with state and federal laws. As an attorney for a general litigation firm, Patrick went on to represent a variety of clients in a myriad of actions and situations.

Due to his exposure to a wide variety of practice areas and legal quandaries, and his willingness to take on the unknown, Patrick has become something of a “Jack-of-All-Trades” who approaches each new problem with a bemused grin and steadfast determination.
Since May of 2011, Patrick has been bringing his unique combination of experience, skill, humor, and attitude to clients here in Texas as an Associate Attorney for AM Lawyers where he continues to hone his role as attorney and counselor with a core belief that a straight forward, honest analysis and execution will always trump tough talk and empty promises.

For those who like bullet points, the following is a brief sample of Patrick’s areas of practice:

• Contract matters
• Employment disputes
• General business litigation
• Advertising/Marketing compliance
• Shareholder actions
• Appellate law
• Family law proceedings
• Personal Injury
• Criminal proceedings

Patrick is admitted to practice before State Courts in Texas and State Courts of Minnesota and has been admitted pro hac vice in various other jurisdictions.