Jamie Welton

Areas of Practice

• Commercial Litigation

Admissions

• 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. Court of Appeals for the Second Circuit
• U.S. Court of Appeals for the Fifth Circuit
• Supreme Court of the United States
• Texas

Education

• University of Illinois College of Law, J.D., magna cum laude, 1999
  - Elder Law Journal
• University of Illinois, B.A., 1996
  - Edmund James Scholar

Experience

• Duane Morris LLP
  - Partner, 2021-present
• Barnes & Thornburg LLP
  - Partner, 2018-2021
• Lackey Hershman LLP
  - Partner, 2002-2018
• Bickel & Brewer LLP
  - Senior Associate, 1999-2002

Honors and Awards

• Inducted by the New York Law Journal into the New York Verdicts Hall of Fame for New York’s highest ranking verdicts from 2000-2018

Representative Matters

Commercial and Financial Litigation

• Secured the 4th largest jury verdict in a commercial case (approx. $36 million) against sellers that backed out of a securities trade after becoming privy to inside information regarding a Fortune 500 company’s intent to acquire the issuer; Verdict Search identified it as one of the top jury verdicts in the country in 2008.

• Defended life insurance company against “vanishing premium” claims in nationwide class-action seeking damages in excess of $750 million and arbitrated claims against individual class members.

• Obtained one of the 10 largest commercial verdicts in the country for 2013 with a $21,565,000 jury verdict in a Texas state court against RBC Capital Markets, LLC, a registered broker-dealer, for failing to settle a securities trade; Verdict Search listed it as the 7th largest jury verdict in a commercial case, and the largest jury verdict for breach of an oral contract.

• Represented asset manager and related parties in disputes with former partner alleging claims for breach of fiduciary duty and other business torts in excess of $200 million.

• Represented minority shareholder in high-profile suit against issuer and its majority shareholders that led to NCAA sanctions against the University of Arkansas for payments made to numerous athletes.

• Represented litigation trustee appointed by bankruptcy court overseeing bankruptcy of one of the largest independently owned mortgage companies, and handled litigation related to, inter alia, parent company’s bankruptcy case, former insiders, note holders, class claims for violations of the Worker Adjustment and Retraining Notification Act, claims made by institutional warehouse lenders and take-out investors, and Victims’ Rights claims for restitution in criminal actions.

• Initiated claims on behalf of minority partners in investment management firm, vitiated restrictive covenants investment manager sought to enforce, and negotiated favorable business divorce of partners’ interests in the firm and secured protections against dilution in value of participating investments.

• Successfully resolved litigation on behalf of investment funds against Bank of Nova Scotia related to the wind-down of total return interest rate swap facilities during the financial crisis.

• Represented investment management firm and affiliates against claims made by former limited partner for wrongful termination, breach of contract, and breach of fiduciary duty, and enforced restrictive covenants against same resulting in favorable settlement and business divorce.

• Defeated breach of contract and fraud claims asserted by former client against advertising agency in jury trial and obtained $375,000 attorneys’ fees award on counterclaim.

• Served as counsel for the former chief operating officer of an online tutoring company in compensation dispute with the company’s owners and a subsequent federal investigation of the owners’ operation of an affiliate.

Consumer Products Litigation

• Secured dissolution of TRO and denial of temporary injunction sought by buyer to prevent seller from drawing on $10 million letter of credit related to procurement of COVID-19 PPE, effectuated full draw on the letter of credit, and navigated sale of inventory.

• Recovered production costs and attorneys’ fees from global weather insurance syndicate under policy insuring weather conditions for production of Corona Beer advertisements.

• Represented advertising agency against the makers of “ShapeUp!” food products promoted by Dr. Phil and in a related consumer class action lawsuit against Dr. Phil and others.

• Prosecuted indemnification and warranty claims in excess of $5 million on behalf of toaster manufacturer against manufacturer of heating elements when toasters sold to thousands of fastfood restaurant chains failed.

• Obtained arbitration award on behalf of an advertising agency against music provider after agency and advertiser were sued for copyright infringement related to national television and radio campaign; subsequently prevailed at bench trial before Chief Judge Sidney A. Fitzwater and held company's owner personally liable on theories of fraudulent transfer, alter ego, and single business enterprise.

• Obtained seven-figure arbitration award on behalf of top New York clothing design firm against Fortune 500 retailer for breach of design agreement and trade dress claims.

• Represented online advertising agency against True.com relating to more than a hundred online media vendors allegedly owed in excess of $3 million for online media advertisements.

• Enforced and recovered rights of foreign owners in closely-held distribution company for Chinese flooring products against rogue employee that usurped millions of corporate assets.

• Represented foreign flooring manufacturer in business divorce with U.S. distributors.

Real Estate and Hospitality Litigation

• Successfully resolved dispute on behalf of bank and other minority lenders against agent bank and certain majority lenders arising out of loan agreement pertaining to the construction of the Ritz Carlton Hotel and related residences in Dallas, Texas.

• Represented special purpose real estate investment vehicle and seller of luxury condominium units in Uptown area of Dallas against builders and condominium association with respect to alleged defects in construction.

• Represented court-appointed receiver for fast food franchise owned by dead-locked members, performed forensic accounting identifying cash discrepancies and recovered same, oversaw management of operations and reporting obligations, solicited and procured asset purchase agreement by stalking horse bidder, and coordinated sale and settlement through subsequent bankruptcy.

• Represented commercial landlord in suit brought by tenant and obtained judgment against tenant for back rent and attorneys’ fees following bench trial.

• Represented controlling holder and operating advisor pursuant to a Pooling and Servicing Agreement for commercial mortgage pass-through certificates in dispute related to the sale of luxury commercial real estate development in Charlotte, North Carolina.

• Represented commercial tenant in dispute against landlord related to ongoing construction and interference with tenant’s right of quiet possession.

• Represented owner of Dallas hotel in dispute against national hotel management company.

• Expunged lis pendens and facilitated sale of renowned multi-million dollar residential property in Highland Park, Texas.

• Represented interests of a leading hospitality company in disputes related to impact mitigation fees a/k/a linkage payments associated with the development of the South Boston Convention Center and lawsuits involving a litany of public officials on city, state, and federal levels, and prominent political interest groups.

• Represented not-for-profit 501(c)(3) debtor against secured lender with respect to financing arrangements for multifamily affordable housing complex.

• Represented leading hospitality company in management contract disputes with owners of hotel properties in Boston, Calgary, Cerritos, Chicago, Edmonton.

• Represented commercial real estate developer in business divorce and disputes with former partners.

• Enforced terms of bond debt arrangements on behalf of bond debt holders against prominent hospitality company.

Healthcare Litigation

• Secured summary judgment on behalf of a national for-profit hospice provider in high-profile (and now widely cited) qui tam case alleging damages in excess of $5 billion, and orders excluding expert testimony on statistical sampling, damages extrapolation, and medical necessity.

• Secured dismissal with prejudice of a publicly-traded healthcare company from qui tam suit alleging liability under the False Claims Act over a nine year period spanning offices in 14 states, on a motion to dismiss a relator’s fourth amended complaint.

• Arbitrated dispute on behalf of majority owners of medical claims management company alleged to have misappropriated millions of dollars from minority member, and conducted forensic accounting vindicating same.

• Oversaw termination of management agreement on behalf of healthcare management company and arbitration of claims for outstanding amounts owed by healthcare provider; obtained dismissal of bankruptcy case filed without authority by healthcare provider; secured TRO against and appointment of receiver for healthcare provider; managed litigation and settlement negotiations of various disputes with landlords, equipment lessors, and equity owners, and worked with receiver on management of distressed healthcare provider and recovery of misappropriated assets.

• Defended national home care provider against plethora of commercial lease guarantees arising from bankruptcy of large operator of nursing homes and assisted living facilities, pursued indemnification obligations against former sellers of healthcare assets, and represented provider in underlying bankruptcy case and adversary proceedings.

• Enforced indemnification obligations against sellers arising out of acquisition of various healthcare companies and resolved guaranty litigation against buyer stemming from sale of spin-off assets and related bankruptcy proceeding.

Energy Litigation

• Represented holders of senior subordinated notes with a face value of approximately $30 million against Ryder Scott Company for certifying false proven oil reserves estimates of the issuer relied on by the note holders.

• Represented wind-energy company and managers in business divorce against former CEO asserting claims for damages arising from alleged breaches of fiduciary duties and related business torts.

• Litigated and negotiated resolution of multiple disputes related to alternative energy startup company, including those with former executives, and oversaw corporate restructuring and protection of intellectual property assets.