ROBERT K. WISE
Mr. Wise is a founding member of Lillard Wise Szygenda PLLC. Since completing his clerkship for the Hon. Paul C. Weick of the U.S. Court of Appeals for the Sixth Circuit, he has practiced law in Dallas, Texas, for more than thirty years. A former equity partner in the international law firm of Hunton & Williams LLP, Mr. Wise left Hunton to form Lillard Wise Szygenda, a boutique litigation firm focused on providing elite representation at economical rates. Mr. Wise’s practice centers on trial and appellate litigation. He has tried more than thirty lawsuits and arbitrations and has argued more than thirty appeals in both Texas and federal appellate courts. His practice areas include: complex commercial litigation involving contract, misrepresentation, and breach of fiduciary duty claims, primarily in the energy, construction, banking, and real estate industries; construction-defects litigation; accounting-malpractice defense; and complex insurance-coverage claims.
Mr. Wise also is an accomplished writer, having taught legal writing at the Dedman School of Law of
Southern Methodist University for five years and having published a number of law review articles on a variety of topics. Some of Mr. Wise’s trial and appellate accomplishments include:
•Obtained zero liability judgment after seven-day bench trial in deceptive-advertising action brought by the FTC against three debt-settlement companies and their officers and directors in which the FTC sought more than $58 million dollars in damages. See FTC v. Financial Freedom Processing, Inc., et al., No. 3:10-CV-2446-N (N.D. Tex. Mar. 12, 2012).
•Obtained $2.5 million summary judgment award on railway’s indemnity claim against feed mill operator related to railroad crossing accident. See Kan. City So. Ry. v. Pilgrim’s Pride Corp., 2010 U.S. Dist. LEXIS 30260 (W.D. La. Mar. 29, 2010).
•Clarified the law on the proper calculation of administrative penalties under Section 15.023 of the Public Utility Regulatory Act. See PUC Docket No. 37634, Agreed Notice of Violation and Settlement Agreement Relating to Luminant Energy Company LLC’s Violation Of PURA § 39.151(j) and PUC Subst. R. 25.503(f)(2), Relating to Failure to Adhere to ERCOT Protocol 6.10.5.4(1) Concerning Load Acting as Resource Service Requirements, Order on Certified Issue at 3 (Feb. 25, 2010)
•Successfully defended a major electric generating company in an administrative proceeding seeking the largest fine ($171 million) ever imposed by the Public Utility Commission of Texas
•Obtained favorable jury verdict in million dollar breach of contract and fraud action brought against a major midstream natural gas company
•Successfully prosecuted a multi-million dollar claim for defective design and construction of one the world’s state of- the art, largest, and most expensive aggregate processing plants
•Successfully defended a leading pre-stressed concrete pipe manufacturer against a multi-million dollar claim that the pipe supplied for a major water transmission pipeline was defective
•Successfully represented several other pipe manufacturers in many multi-million dollar cases alleging design and manufacturing defects in pre-stressed concrete water pipe
•Tried two multi-million dollar arbitrations seeking reimbursement under Directors’ & Officers’ liability insurance policies
•Clarified Texas law on standing to sue accounting firms for negligent misrepresentation. See Compass Bank v. King, Griffin & Adamson, P.C., No. 3:01-CIV-2028-N, 2003 WL 22077721 (N.D. Tex. Sept. 5, 2003), aff’d, 388 F.3d 504 (5th Cir. 2004); Abrams Ctr. Nat’l Bank v. Farmer Fuqua & Huff, P.C., 225 S.W.3d 171 (Tex. App.–El Paso 2005)
•Represented a large natural gas company in many contract disputes resulting in recoveries and/or contract savings valued at more than one billion dollars
•Successfully tried and handled many complex commercial disputes for a variety of corporate clients, including obtaining a favorable jury verdict against Enron after a six-week jury trial
•Successfully handled ERISA class action for major electric utility
•Obtained a $2,000,000 million jury verdict in a wrongful discharge and defamation action
•Successfully handled derivate litigation for major electric utility
•Successfully prosecuted antitrust and fraud claims involving coal leases worth billions of dollars for a major electric utility
•Argued appeals in the U.S. Courts of Appeals for the Third, Fifth Ninth, and D.C. Circuits and most Texas courts of appeals. Published opinions in appeals handled by Mr. Wise include: CQ Inc. v. TXU Mining Co., 565 F.3d 268 (5th Cir. 2009); Metromedia Energy, Inc. v. Enserch Energy Servs., Inc., 409 F.3d 574 (3d Cir. 2005); Friberg v. Kan. City So. Ry., 267 F.3d 439 (5th Cir. 2001); Abrams Ctr. Nat’l Bank v. Farmer Fuqua & Huff, P.C., 225 S.W.3d 171 (Tex. App.–El Paso 2005, no pet.); Larue v. Genescreen, Inc., 957 S.W.2d 958 (Tex. App.– Beaumont 1997). Professional and Civic Affiliations
•Member, State Bar of Texas
•Member, Dallas Bar Association, Chairman and Vice Chairman, Legal-Ethics Committee
•Member, American Bar Association Publications and Speeches
•Author, Administrative Penalties against Electricity Market Participants under the Texas Public Utility Regulatory Act, 62 Baylor L. Rev. 788 (2010)
•Co-Author, First Refusal Rights under Texas Law, 62 Baylor L. Rev. 433 (2010)
•Co-Author, Of Lies and Disclaimers―Contracting Around Fraud under Texas Law, 41 St. Mary’s L.J. 119 (2009)
• Principal Author, Negligent Misrepresentation in Texas: The Misunderstood Tort, 40 Tex. Tech L. Rev. 845 (2008)
•Author, Mediation in Texas: Can the Judge Really Make Me Do That?, 47 S. Tex. Law Rev. 849 (2006)
•Author, Demand Futility in Shareholder-Derivative Litigation under Texas Law, 28 Tex. Tech L. Rev. 59 (1997)
•Author, The Lawyer-Witness Rule: A Comparison of a Lawyer's Ability to be Both Witness and an Advocate under the Texas Code of Professional Responsibility and the Texas Disciplinary Rules of Professional Conduct, 31 S. Tex. L. Rev. 651 (1990)
•Author, Note, Binding Interest Arbitration in the Public Sector: Is it Constitutional?, 18 Wm. & Mary L. Rev. 787 (1977)
•Speaker, Dallas Bar Association clinics on various subjects Education, Honors, and Miscellaneous
•J.D., William & Mary School of Law, Editor, William & Mary Law Review, 1977
•B.A., Marietta College, magna cum laude, 1974
•Clerk, Hon. Paul C. Weick, Judge of U.S. Court of Appeals for the Sixth Circuit
•Legal Writing Instructor at Dedman School of Law of Southern Methodist University
•Named a “Texas Super Lawyer” in 2011 and 2012.
•Named “Litigator of the Week” in March 25, 2012 edition of the Texas Lawyer for beating the FTC in FTC v. Financial Freedom Processing, Inc., et al.
•Member, College of the State Bar of Texas (2009-2010)
•Member, Pro Bono College of the State Bar of Texas (2009-2010)
Ms. Wooten
Ms.Wooten is a partner at Scott Douglass & McConnico LLP in Austin,Texas. Before joining the firm, she clerked for former Chief Justice Wallace B. Jefferson of the Supreme Court of Texas, worked at Baker Botts LLP (in the trial, pharmaceutical, and appellate practice groups), and served as the Rules Attorney for the Supreme Court of Texas. In her current practice, she represents a wide range of clients on both sides of the docket. Her practice areas include complex commercial litigation, personal injury, products liability, professional malpractice, and general civil litigation and appeals.
Ms.Wooten’s experience as Rules Attorney gave her a specialized understanding of local and statewide procedural rules in Texas. In that position, she responded to public inquiries regarding rules,assisted the Supreme Court of Texas with promulgating and amending rules, and worked with multiple committees and task forces to analyze and address issues confronting Texas litigants. She continues to focus on rule-related matters in private practice. She serves as the Vice-Chair of the State Bar of Texas Court Rules Committee and is a frequent writer and speaker on rule-related topics for CLEs. She served on the Supreme Court of Texas Task Force for Rules in Expedited Actions in2011-2012 and now serves on the Texas Commission to Expand Civil Legal Services.
Ms.Wooten is actively involved in the bar. She served as the President of the Austin Young Lawyers Association in 2012-2013. In addition to serving on the State Bar Court Rules Committee, she serves on the Austin Bar Association Board of Directors, Editorial Board for The Advocate (a quarterly publication of the State Bar’s litigation section), and Board of Directors for the Texas Legal Services Center. She also serves as Editor-in-Chief for Austin Lawyer. In 2011, she received a Special Commendation of the Supreme Court of Texas and State Bar of Texas for her work as the Rules Attorney. She has been named as a Texas Rising Star in 2008, 2009, and 2013-2016.
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