Resume

JAMES E. MONTGOMERY, JR., J.D.

BORN:  February 18, 1953

Married:  Linda C. Montgomery with 2 children, James Montgomery, III and Anne Ivy and 2 stepdaughters, Heather Stoner and Leslie Giese.  7 grandchildren.

EDUCATION

Southern Methodist University, Doctor of Jurisprudence, 1978

Duke University, Bachelor of Arts, 1975


EMPLOYMENT:

1975-1977            4Day Tire Store, Richardson, TX; tire mechanic and sales

1977-1978            McMullen & Porter, Dallas, TX – law clerk

1978-1981            Strong, Pipkin, Nelson, Parker & Bissell, Beaumont , Tx – associate attorney

1981-1984            Sibley & Montgomery, PC, Beaumont, TX – partner

1984-1986            Law Office of Gilbert Adams – attorney

1986-1988            Jefferson Savings & Loan Association, Beaumont, TX – President and Chief Operating Officer – Chair, Investment Committee; Chair, Loan Committee.  Worked with regulators with both Texas Savings & Loan Association, Federal Home Loan Bank and Resolution Trust Corporation.  Review loan portfolios at numerous failed savings & loan associations.

1988-1989            Montgomery & Koniuszy, Beaumont, TX –            Partner

1989-1994            Sawtelle, Goode, Davidson & Troilo (Davidson & Troilo) – attorney, Head of Litigation Section; Served as outside counsel for FDIC litigation

1994-1996            Montgomery & Associates, PC – President, plastic pipe litigation specialty

1996-2003            Soules & Wallace – Attorney

2003-Present            James Montgomery & Associates, PC – President;

2010-Present            “of counsel” to Elms, Harmon, Macchia, LLC.

 

PROFESSIONAL AFFILIATIONS

State Bar of Texas and the San Antonio Bar Association (Publications, District Courts Committees): Jefferson County Bar Association, 1978-1989, Treasurer (1986)

Founding Board of Governors for the Fifth Circuit Bar Association for the U.S. Court of Appeals in New Orleans, Louisiana, from 1983 to 1986, as the Governor for the Eastern District of Texas.  Editor of the Fifth Circuit Reporter from 1983 to 1986

Rated “AV”, from Martindale Hubbell.

Who’s Who in American Law, 1996-Present

Texas Super Lawyer, 2008 – www.superlawyers.com

Finalist in Individual category in Ethics in Business Initiative sponsored by the San Antonio Business Journal, the Ecumenical Center for Religion and Health and the UTSA Business School., Ecumenical Center For Religion and Health, 2008

LICENSES

Texas, 1978
Maryland, 1994 (inactive)

United States District Courts:
Western, Eastern, Northern and Southern Districts of Texas
District of Maryland
Western District of Louisiana

United States Court of Appeals for the Fifth Circuit

United States Supreme Court

Board Certified (inactive) in Commercial and Residential Real Estate Law, Texas Board of Legal Specialization

SIGNIFICANT LITIGATION

COMMERCIAL LITIGATION

Scout Royalty, et al v. John Clanton, et al, Southern District of Texas.  Represented lessors in an oil royalty dispute with the producer involving settlement of a take or pay contract.  Case settled at mediation on eve of trial with significant recovery for the lessors in the face of published decisions holding no right of recovery.

Sumrall v. Navistar,  Jefferson County District Court.  Represented plaintiff in usury suit following refinance of time/price differential contract involving long haul trucks.  Verdict for Plaintiff upheld on appeal.

Represented numerous parties in business breakups (divorces) involving alleged breaches of buy/sell agreements, partnership agreements, and other contractual relationships.

Represented numerous parties in real estate matters involving liens, title questions, restrictive covenants and lender liability matters.  Former outside counsel to FDIC and obtained numerous judgments on defaulted loan arrangements.

PRODUCTS LIABILITY

City of Round Rock, Texas v. Shell Oil Company, et al, Williamson County District Court.  Represented the city in suit to recover damages due to use of defective polybutylene water service pipe.  Settled in mediation before trial.  This matter is one of many polybutylene cases handled for cities, municipal water districts and thousands of homeowners involving plastic pipe.  Recoveries for clients were made in these cases in courts in Texas, Alabama, and Maryland.

PATENT/TRADE SECRET

DPT Laboratories v. Bath & Body Works, Inc., Western District of Texas.  Represented the Plaintiff in trade secret dispute over wrongful misappropriation of formula.  Case was settled favorably for client.

Represented numerous companies in matters involving non-competition and non-disclosure agreements ranging from employee theft to buy/sell agreements.

PROBATE LITIGATION

Represented guardians in a number of suits involving alleged breaches of trust with satisfactory resolutions.

CIVIC ACTIVITIES

Rotary Club of San Antonio at the Dominion, Charter Member, Community Service Lane Chair 2003-4, Historian 2003; Chair Wild West Days 2005; Program Chair 2010-2011.  Rotary Foundation:  Multiple Paul Harris Fellow, Paul Harris Society member, Major Donor, and member of the Bequest Society.  Participated in coordinating two Matching Grants from the Foundation to distribute wheelchairs with the Wheelchair Foundation in Mexico and Africa.

Alamo Heights Rotary Club, President 1997-98, Board of Directors (1994-99),  Past Chairman for International Service and Community Service, Past Chairman of the Rotary Foundation,  Paul Harris Fellow, Rotary Foundation Benefactor. Past Chairman of Alamo Heights Nite, 1996. Member of Rotary International since 1983.

Rotary District 5840, District Governor for 2008-2009.  District Governor is Rotary International officer in district which covers 44 counties in South Central Texas with almost 3,000 Rotarians.  Governor oversees operations, fundraising, training, and Rotary Foundation activities.  District membership grew more than any other District in Continental US.  Sponsored Vocational Transformation Center raising over $400,000 towards a 3 year goal of $1,250,000.

Chair, Haven For Hope Committee 2010-2011.

Volunteer SA Reads campaign to stop illiteracy in the second grade throughout San Antonio, Bexar County and the 44 counties of the Rotary District.

Rotary International: Assistant Rotary Coordinator 2010-2011, Rotary International Assembly, International Training Leader 2011, 2012 – selected as one of 40 instructors worldwide to train 532 incoming District Governors from around the world.

Outstanding Young Man in America in 1983

Active in the Boy Scouts of America, having received the Eagle Scout Award, served as Assistant Scout Master, Cub Master, and District Chairman for three separate terms in two different councils, and participated in fundraising for the local Council.

Board of Directors for the Boys & Girls Clubs of San Antonio, Inc., 1994-97; Chairman of Golden Gloves Regional Tournament 1995-96, 1996-97

Board of Directors, San Antonio Youth Literacy/Leadership, 1997-2000

March of Dimes Celebrity Serve Luncheon, Co-chairman 1998-99; Chair 1999-2000.

American Cancer Society, Local Board of Directors, 2000 Cattle Barons Gala, Live Auction Chair; 2001 Cattle Barons Gala, Sponsorship Chair;  National Excalibur Society Member.

KLRN Wine Festival, Co-chairperson with wife Linda Montgomery, 2006.

PUBLICATIONS AND SPEECHES

“Bankruptcy – Effects on Secured Claim,” in Foreclosure and Repossession in Texas, National Business Institute, Inc., 1989.
“Water Rights Boundary Law Seminar” – 1993.
“Five Deadly Weapons Businesses Use to Kill Themselves” – 1998
“The Legal Aspects of Y2K on Business”  – San Antonio Hospital Association, 1998.
“Business Litigation”, 2001 State Bar of Texas Advanced Civil Litigation Seminar, San Antonio (paper by Kim Askew of Hughes & Luce).

 

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