James B. Greer

5910 N. Central Expressway, Ste. 925

Dallas, Texas 75206

Tel. (214) 628-9966

I represent financial institutions, Fortune 500 companies, middle market enterprises, business executives, and defrauded investors, in disputes involving allegations of breach of contract, breach of fiduciary duty, misappropriation of trade secrets, fraud, and claims arising under the Texas Uniform Commercial Code.

My depth of experience–which includes first chair involvement in prosecuting and defending complex class action and multidistrict litigation–centers in three primary areas: financial services litigation, commercial disputes, and oil and gas litigation. This experience includes:

Banking and Financial Services

Representation of banks, and bank holding companies, in litigation involving:

Alleged abusive overdraft practices,
Alleged systemic mortgage serving abuses,
Alleged systemic violations of consumer protection and debt collection laws,
Breach of trust and fiduciary claims,
Forged endorsement and check fraud claims, and
Claims involving funds stolen or misappropriated by wire transfer.

Business Litigation/Commercial Disputes

Partnership, joint venture, and limited liability company disputes involving fiduciary, accounting, and misappropriation of trade secret and business opportunities claims.
Disputes involving offshore investment vehicles,
Aircraft maintenance and warranty disputes, and
Warranty disputes involving industrial equipment and commercial building products.

Oil and Gas

Allegations of securities fraud arising from oil and gas investments,
Disputes among working-interest owners and operators regarding development and operations, including the defense of actions seeking appointment of receiver operator, and
Royalty disputes premised on allegations of improper development and/or calculation of royalty interests.

Recent Victories (2017- 2018)

Obtained dismissal of preemptive declaratory judgment action on behalf of national bank in Northern District of Texas seeking to invalidate 7.8 million-dollar aircraft loan ―Dismissal affirmed by Fifth Circuit Court of Appeals after oral argument.
Obtained complete summary judgment on behalf of national bank in Texas state court on Texas UCC (§ 3.420) conversion and breach of contract claims premised on accountholder failure to provide written notice of account statement error within 30 days of receipt of statement which included error as required by deposit agreement ― Dismissal affirmed by Fifth Court of Appeals after oral argument.
Obtained voluntary dismissal of multimillion-dollar strict products liability and breach of warranty claims in District of Nevada premised on faulty and provably false allegation that client assumed liabilities of predecessor manufacturing company incident to corporate transaction.
Obtained denial of critical Motion for Judgment on the Pleadings in Western District of Texas which sought global dismissal of client’s extra-contractual claims in 4.4 million-dollar insurance dispute involving extensive damage to commercial property.

Representative Experience

Banking and Finance Industry

Represented major U.S. financial institution in prominent class action involving the assessment of bank overdraft fees pending – on MDL transfer – in the United States District Court for the Southern District of Florida. Mr. Greer’s involvement in this representation included the examination of each named plaintiff and the pivotal plaintiff expert at deposition.
Represented major U.S. financial institution in complex multimillion-dollar forged endorsement check fraud scheme.
Successful defense of class certification in financial services case (Finley v. Washington Mut. Bank, F.A., 2008 WL 2008850) (E.D.Tex. May 08, 2008) (“… the Court agrees with Defendant that Plaintiff has failed to show how individual issues will not overwhelm this case… Moreover, Defendant has submitted a detailed and comprehensive predominance analysis to show the many individualized issues implicated by Plaintiff’s claims.”).

Oil and Gas Litigation

Obtained significant favorable settlement for clients in oil and gas investment fraud dispute involving complex “bait and switch” scheme with recurrent changes in title ownership of the subject mineral interests.
Successful defense of working interest owners in putative class action brought by royalty interest owners alleging failure to reasonably develop mineral acreage in the Rosewood Cotton Valley formation of Upshur County, Texas.
Successful defense of independent oil and gas operator/primary working interest owner in dispute with non-operator working interest owners seeking appointment of receiver operator for 40 oil and gas wells in the Permian Basin.

Awards & Recognition

Selected D Magazine “Best Lawyers in Dallas” — Business Litigation, 2018
Selected Texas Super Lawyer by Texas Super Lawyers magazine — recognizing the top 5% of lawyers in the State of Texas, 2014-2018
Selected Texas Rising Star by Texas Super Lawyersmagazine — recognizing the top 2.5% of lawyers under 40 in the State of Texas, 2005, 2008-2013
Master, William ‘Mac’ Taylor American Inn of Court, 2014-present

Noteworthy Experience

Law clerk to the Hon. Joe J. Fisher, United States District Court, Eastern District of Texas.

Publications

Co-authored The Subprime Morass: Past, Present and Future, 12 N.C. Banking Inst. 125 (March 2008).

Affiliations & Involvement

Texas Association of Bank Counsel (2016-present)
Dallas Bar Association
DBA Entertainment Committee, Chair 2018, Co-Chair 2017
DBA Media Relations Committee, 2004–2007
Dallas Association of Young Lawyers
DAYL Judiciary Committee, Co-Chair 2003–2005
DAYL Leadership Class 2001
DAYL Freedom Run Co-Founder & Committee Member, 2001–2005
Member, Fifth Circuit Bar Association
Dallas Baylor Law Network, Steering Committee (2012-present)

Admissions

State Bar of Texas
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court for the Northern District of Texas
U.S. District Court for the Southern District of Texas
U.S. District Court for the Eastern District of Texas
U.S. District Court for the Western District of Texas
U.S. District Court for the Southern District of Florida
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the Western District of Pennsylvania
U.S. Bankruptcy Court for the Northern District of Texas
U.S. Bankruptcy Court for the Southern District of Texas
U.S. Bankruptcy Court for the Eastern District of Texas

Education

J.D., Baylor University School of Law
Member: Order of the Barristers; Harvey M. Richie Moot Court Society
B.A., Millsaps College, magna cum laude