Keith McDole – Shareholder

Telephone: 214.979.1122
eFax: 214.203.0799
kmcdole@mcdolewilliams.com

Biography

Keith McDole is a trial lawyer with extensive experience representing companies and individuals in litigation involving antitrust and trade regulation, business torts, contract disputes, ownership/management disputes, securities, banking, lender liability, bankruptcy, real estate, defamation, intellectual property, constitutional law and oil and gas.  He has represented clients, both as defendants and plaintiffs, in federal and state courts throughout the United States.

Keith practiced law in Chicago from 1973 to 1985.  He was a partner at Kirkland & Ellis from 1978 to 1981.  From 1981 to 1986, he was a partner at Levy & Erens, a litigation boutique whose practice focused on bankruptcy, real estate and commercial litigation.  In 1986, he joined Jones Day as a partner in the Dallas office.

From 1995 to 2001, Keith was senior vice president and general counsel of Occidental Chemical Corporation where he had overall responsibility for the company’s legal affairs, including corporate governance, litigation, acquisitions, divestitures, regulatory affairs and intellectual property. He also headed the company’s health, environmental and safety organization and served as the company’s chief compliance officer.  From 1998 to 2000, Keith served as vice president and general counsel of Oxy Services, Inc., a shared services organization that managed litigation and intellectual property matters on behalf of Occidental Petroleum Corporation and its subsidiaries.

Keith returned to private practice in 2001 as a partner in the litigation group at Jones Day.  He became a partner at the predeccessor of McDole & Williams, PC in 2011 where he represents clients in complex commercial litigation matters.

Keith is rated AV Preeminent by Martindale-Hubbell.  He has been listed by D Magazine as one of the “Best Lawyers in Dallas” in Business/Commercial Litigation.

Membership and Bar Admissions

Keith is admitted to practice law in both Texas and Illinois. He has been admitted to practice before the U. S. Court of Appeals for the Fifth Circuit and before various federal district courts. He is a member of the Dallas Bar Association.  He is a Fellow of the Southwest Legal Foundation, is a founding member of the General Counsel Forum and member of the College of The State Bar of Texas.

Presentations

Keith has been a frequent speaker concerning legal compliance, corporate compliance programs, law department management, antitrust, crisis management and various legal and regulatory topics.  His presentations include:  “Careers in Ethics & Compliance” (Marchall Gandy, Denise McWatters and Keith McDole; SMU School of Law – April 2016; “Fielding an ‘A Team;’ Attracting, Developing and Motivating Corporate Legal Staff”  (Stacey Doré, Dana O’Brien and Keith McDole; November 2015―General Counsel Forum Annual Meeting); “Antitrust Compliance and the Robinson-Patman Act” (March 2011); “The Legal Department and Crisis Management Planning” (October 2010); “The Changing Role of General Counsel: From Reactive to Proactive” (August 2007—The Metropolitan Corporate Counsel); “Impact of Foreign Libel Laws on Global Communications” (September 2003—Business Wire/Jones Day Seminar); “The Role of the Company’s General Counsel” (July 2003—Jones Day); “Implementing Effective Whistleblowing Procedures Consistent with Sarbanes-Oxley”(Summer 2003—State Bar of Texas Annual Meeting); “Corporate Codes of Ethics” (November 2002—Texas General Counsel Forum (“TGCF”) Annual Meeting); “From the Outside Looking In and the Inside Looking Out: Observations from Recent Moves to the Other Side” (Summer—2002 State Bar of Texas Advanced In-House Counsel Course); “Case Planning and Budgeting” (Spring 2002—Jones Day Litigation Academy); “Best Practices in Benchmarking A Law Department” (Spring 2002—Large Law Department Council); “Corporate Legal Compliance: Antitrust, the Foreign Corrupt Practices Act and Safe Harbor Privacy Principles” (Summer 2000—Executive MBA Program of the Cox School of Business); “Corporate Internal Investigations: Establishing and Preserving Privileges” (Winter 2000—TGCF); and “Effective Outside Counsel Policies” (Winter 2000—TGCF); “Effective Client Development” (Fall 2004—Jones Day Litigation Associates).

Education

Keith graduated from Hanover College in 1970 with honors in Political Science. He obtained his Juris Doctor degree, cum laude, from the Northwestern University School of Law in 1973 where he was Order of the Coif, Notes of Comments Editor of the Law Review and author of The Sacred Wall Revisited: The Constitutionality/ State Aid to Nonpublic Education, 67 Nw. U.L. Rev. 118 (1972).

Representative Engagements

Antitrust and Trade Regulation

  • NexGen City, Inc. v. Motorola, Inc. (Tex. Dis. Ct.). Lead counsel for Motorola and Mesh Networks in lawsuit seeking damages for alleged violations of the Texas Free Enterprise and Antitrust Act and breach of fiduciary and contractual duties.
  • In re Managerial, Professional and Technical Employees Antitrust Litigation (M.D.L.) Lead counsel for Atofina Petrochemicals, Inc. in this multidistrict antitrust litigation seeking treble damages for alleged fixing of compensation and other benefits of oil company managerial, professional and technical employees.
  • Tandy Corp. v. Texas Instruments (N.D. Cal.). Represented Texas Instruments in this antitrust action seeking treble-damages based upon Texas Instrument’s alleged monopolization and attempted monopolization of the claimed personal computer architecture market.
  • Oneta v. Texas Bottling Group, Inc. (S.D. Tex.). Lead counsel for a Pepsi-Cola bottler seeking to recover treble-damages and injunctive relief based upon a Coca-Cola’s bottler’s use of calendar marketing agreements to monopolize the retail distribution of soft drinks.
  • Mid-South Beverages, Inc. v. Coca-Cola Bottling Company of Memphis, Tennessee (W.D. Tenn.). Lead counsel for a Pepsi-Cola bottler seeking to recover treble-damages and injunctive relief based upon a Coca-Cola’s bottler’s use of calendar marketing agreements to fix prices of soft drinks and monopolize the retail distribution of soft drinks in five states.
  • Air Terminal Services, Inc. v. Marriott Corp. (D.C.). Represented Air Terminal Services in suit alleging that Marriott’s acquisition of Sky Chefs, Inc. violated federal antitrust laws.
  • Electro-Biology, Inc. v. American Medical Electronics, Inc. (N.D. Tex.). Lead counsel in pursuing monopolization claims against Electro-Biology arising from the alleged misuse of its bone growth stimulator patent.
  • National Business Lists, Inc. v. Dun & Bradstreet, Inc. (N.D. Ill.). Represented Dun & Bradstreet, Inc. in a treble-damage action in which National Business Lists claimed that Dun & Bradstreet monopolized and attempted to monopolize the market for business lists.
  • Westinghouse Electric Corp. v. Rio Algom, Ltd. (N.D. Ill.) and In re Westinghouse Electric Uranium Contracts Litigation, M.D.L. 235 (E.D. Va.). Represented Westinghouse in defending antitrust actions filed by various utilities throughout the United States claiming that Westinghouse had monopolized and attempted to monopolize the markets for nuclear fuel fabrication assemblies and nuclear power plants. Also represented Westinghouse in defending actions filed by various utilities claiming that Westinghouse breached agreements to supply uranium for nuclear power plants.
  • D. C. Taylor Co. v. Dynamit Nobel of America, Inc. (N.D. Ill.). Lead counsel for Dynamit Nobel in a treble-damage action by a roofing contractor alleging that the termination of its roofing products applicator agreement violated federal antitrust laws.
  • Feldman v. Health Care Service Corporation (N.D. Ill.). Represented the Blue Cross/Blue Shield Plan in Illinois in this class action by independent drugstore operators claiming that prepaid prescription drug programs violated federal antitrust laws.
  • Allied News, Inc. v. National Enquirer, Inc. (N.D. Ill.). Represented the National Enquirer in an antitrust action by competing newspaper publisher for alleged monopolization and attempted monopolization of the claimed market for the retail distribution of tabloids.

 

Banking and Lender Liability

  • Hazleton Fuel Management Co. v. Swiss Bank (S.D. Tex.). Lead counsel for a subsidiary of The Williams Companies seeking $16 million in damages based upon the Swiss Bank’s alleged interference with its borrower’s contract to purchase natural gas for a cogeneration facility.
  • Trammell Crow International Partners, Ltd. v. Financial Security Assurance Inc. (Tex. D.C.). Lead counsel for a real estate partnership seeking damages arising from the lender’s improper control over Trammell Crow International Partners’ affairs and tortious interference with contract and prospective economic advantage.
  • Foremost Financial Services Corp. v. Hernandez (S.D. Tex.). Lead counsel for CIT/Sales Financing, Inc. in class action by low-income mobile home buyers challenging sales installment contracts under state consumer protection laws.
  • Trail Dust Steak Houses, Inc. v. The CIT Group/Sales Financing, Inc. (N.D. Tex.). Lead counsel for CIT in a lender liability case seeking $40 million in compensatory damages and other relief arising from CIT’s financing of mobile home retail installment contracts originated by plaintiff.
  • First Tarent, Inc. v. The CIT Commercial Finance Company and Manufacturers Hanover Trust Company (N.D. Tex). Lead counsel for defendants in an action seeking $44 million in damages arising from the financing of a leveraged buyout.
  • Continental Illinois National Bank & Trust Co. of Chicago v. WH Venture (E.D. Pa.). Lead counsel for Continental Bank and subsequently, the Federal Deposit Insurance Corp. (“FDIC”), in defending a $34 million lender liability claim arising from Continental Bank’s financing of a luxury high-rise apartment building in Philadelphia, Pennsylvania.
  • Dahlstrom v. First Security Bank of Idaho (D. Utah). Lead counsel for First Republic Bank of Dallas, N.A. in a lender liability action seeking $75 million in damages from First Security Bank of Utah and First Republic Bank arising from financing provided to plaintiff to acquire a Utah state bank.
  • Federal Deposit Insurance Corp. v. Wise (N.D. Tex.). Lead counsel for the FDIC in three consolidated cases seeking damages from former directors and officers of Wise Banks for breach of fiduciary duties owed to the banks placed in receivership by the FDIC.
  • Scharenberg v. Continental Illinois National Bank & Trust Co. (N.D. Ill.). Represented Continental Bank and the FDIC in three lawsuits in which a Florida real estate developer sought in excess of $100 million in damages for alleged fraud and breach of contract in connection with a residential and resort development in the Florida Keys.
  • Federal Deposit Insurance Corp. v. Key Biscayne Development Associates (S.D. Fla.). Represented Continental Bank and subsequently, the FDIC, in litigation arising from a $90 million condominium and hotel development in Key Biscayne, Florida, in which the borrower sought in excess of $50 million in damages under various lender liability theories.
  • Continental Illinois National Bank & Trust Co. of Chicago v. WH Venture (N.D. Ill). Represented Continental Bank in a suit seeking to enjoin all Continental Bank borrowers from attempting to block assignment of their loans to the FDIC pursuant to the FDIC’s bailout of Continental Bank.
  • Texas Community Bank v. BSI Financial Services, Inc. Lead counsel for BSI in litigation arising from the servicing of various home loan mortgages transferred to a financial institution by the Federal Deposit Insurance Corporation.

Bankruptcy and Real Estate

  • Zidell v. Principal Capital Management, LLC. Lead counsel representing a real estate developer and various related entities in litigation arising from a partnership that developed, constructed and operates an apartment complex.
  • Stinu Corporation Lease Litigation. Lead counsel representing Stinu Corporation, a subsidiary of JC Penny, in lawsuits throughout the United States by shopping center landlords seeking to recover damages for the breach of various lease agreements.
  • McDonald’s Corp. v. Maros (N.D. Ill.). Lead trial counsel for McDonald’s in bankruptcy court adversary proceedings in which McDonald’s sought to recover possession of seven McDonald’s restaurants located in Chicago.
  • McDonald’s Corp. v. Delafield Associates (M.D. Md.). Lead trial counsel for McDonald’s in bankruptcy court adversary proceeding in which McDonald’s sought to recover possession of certain McDonald’s restaurants in Baltimore, Maryland.
  • In the Matter of UNR Industries, Inc. (N.D. Ill). Co-counsel for Citibank and Manufacturers Hanover in litigation seeking to liquidate a structural tube plant located in Chicago, Illinois.
  • George Stone Co. v. Coleman (Circ. Ct. Cook Cty.). Represented the general partner in a suit by the limited partner to dissolve the partnership that owned the Tremont Hotel in Chicago, Illinois.
  • American Home Mortgage Investment Corp. Represented AHMSI in bankruptcy adversary proceedings brought by various borrowers under home loan mortgages serviced by AHMSI.

Securities Litigation

  • Susser v. Maxus Energy Corp. (Del. Chan.). Represented Maxus Energy Corp. in this class action challenging the sale of Diamond Shamrock Offshore Partners Limited to Burlington Resources, Inc.
  • Shields v. Dallas Corp. (Tex D.C.). Co-counsel for Dallas Corp. in shareholder litigation seeking to block acquisition of Dallas Corp. by Bessemer Corp.
  • Diamond Shamrock Corp. v. T. Boone Pickens, Jr. (N.D. Tex.). Part of the litigation team that successfully defended Diamond Shamrock in a hostile takeover attempt by Mesa Petroleum.
  • Guarantee Security Life Co. v. Douglas (N.D. Tex.). Co-counsel for the Florida and California Departments of Insurance in an action seeking damages for fraud and federal securities law violations arising from issuance of bonds.
  • In the Matter of Harnischfeger Corporation and Paccar Machinery Corporation (Wis. Securities Comm.). Co-counsel for Harnischfeger in seeking to block Pacar Machinery’s hostile takeover of Harnischfeger.
  • Medansky v. White (N.D. Ill.). Represented Price Waterhouse in class action by holders of securities of St. Louis department store seeking damages for claimed false and misleading financial statements audited by Price Waterhouse.
  • Stovall v. Illinois Central Industries (N.D. Miss.). Represented Price Waterhouse in litigation in which former shareholders of the Columbus & Greenville Railway claimed that Price Waterhouse conspired with Illinois Central Industries to defraud Columbus & Greenville shareholders.
  • Represented investor in FINRA arbitration against investment advisor managing various securities accounts.

Libel and Constitutional Law

  • Defamation Litigation. Defended thirty-five defamation lawsuits on behalf of the Chicago Tribune, National Broadcasting Company, CBS, Inc., Dun & Bradstreet, Inc., American Broadcasting Company, Nissan Motor Company, Ltd., United Press International, United States Automobile Association, Panax Publishing Company, Educational Testing Service, Chicago Crime Commission, American Medical Association and Time, Inc.
  • Hoogosian v. Regional Transportation Authority (Ill. Sup. Ct.). Part of the litigation team that successfully defended constitutional challenges to the referendum approving the creation of the Regional Transportation Authority in Chicago, Illinois.
  • Planning for People Coalition v. DuPage County (N.D. Ill.). Represented the DuPage County Board in a class action claiming that the DuPage County Board excluded low- and moderate-income housing from DuPage County, Illinois.
  • Hendricks v. City of Cairo, Illinois (S.D. Ill). Represented African-American residents of Cairo, Illinois in successful effort to declare at-large voting for the Cairo City Council an unconstitutional device to dilute minority voting strength.
  • Occidental Chemical Corp. v. Bridgeline Holdings, L. P. (La.). Represented Occidental in litigation arising from the failure of the combustion turbine generators at an Occidental co-generation facility.
  • Firearms Litigation (various courts). Represented Colt’s Firearms in a number of lawsuits in which municipalities, other governmental entities and the NAACP sought injunctive and other relief for alleged negligent distribution of firearms.
  • RHC Partners, Ltd. Represented a partnership comprised of The CIT Group/Capital Equipment Financing, New York Life Insurance Company and the John Hancock Mutual Life Insurance Company in connection with environmental matters arising from the El Paso Oil Refinery owned by RHC Partners.
  • Northwest Pipeline Company v. Sunrise Energy Services (N.D. Tex.). Represented Northwest Pipeline and Williams Field Services in litigation arising from a transportation agreement into which Northwest and Sunrise Energy Company entered to transport natural gas on a feeder pipeline.
  • American Alliance Ins. Co. v. Frito-Lay (D.C. Dal.) Part of litigation team representing Frito-Lay, Inc. in a successful effort to recover damages from its general liability insurer for amounts paid to settle patent infringement litigation with Proctor & Gamble involving cookie patent.
  • Utility Resources, Inc. Ohio Edison Co. (N.D. Tex.). Co-counsel for Ohio Edison Co. in defending breach of contract claim arising from an agreement to commercialize software system to monitor utility fuel purchases and use.
  • USAA Employee Benefit Association v. Rapanotti (Tex. D.C.). Lead counsel for the USAA Benefit Association seeking to recover damages arising from the submission of fraudulent claims for reimbursement for dental expenses.

Other Commercial Matters

  • Fusion Paperboard Connecticut, LLC v. Celanese Corporation. Lead counsel for Celanese in lawsuit arising from a commercial supply agreement pursuant to which Celanese sold chemicals to a paperboard manufacturer.
  • BP Oil Spill Litigation. Represented Transocean Deepwater Drilling in litigation, regulatory and other matters arising from the April 20, 2010 explosion and fire at the Deepwater Horizon Rig in the Gulf of Mexico.
  • Makhija v. DeLeuw, Cather & Co. Lead trial counsel for plaintiff in Title VII case in which plaintiff claimed discrimination in his employment due to his national origin.
  • SilkAir, Egypt Air and Flash Air Airplane Crash Litigation. Represented Parker Hannifin, an airplane parts manufacturer, in various lawsuits arising from the crashes of three commercial aircraft.
  • Lead counsel for a leading manufacturing company in ICC and AAA arbitration proceedings arising from commercial supply agreements.
  • Regency Energy Field Services LLC v. Gulf Coast Gathering, LLC. Lead counsel for Regency in lawsuit arising from a natural gas distribution agreement.