Walter G. “Bob” Pettey, III – Shareholder

Walter G. Bob Pettey IIITelephone: 214.979.1122
eFax: 214.204.0039
bpettey@mcdolewilliams.com

Biography

Walter G. (“Bob”) Pettey, III has practiced law in Dallas for over 30 years. He concentrates his practice in the areas of commercial and business litigation, as well as director and officer investigations and related fiduciary duty litigation.

Bob has handled cases before trial and appellate courts, administrative agencies and in various alternative dispute resolution venues, including private trial, arbitrations, and mediations. He also arbitrates cases as a member of the American Arbitration Association’s National Roster of Neutrals.

Membership and Bar Admissions

Bob is admitted to practice law in both Texas and Alabama.  He has been admitted to practice before the U. S. Court of Appeals for the Fifth Circuit and before all of the federal district courts in Texas and various federal district and bankruptcy courts in Texas and other states. He is a member of the American Bar Association and the Dallas Bar Association.

Education and Clerkship

Bob graduated from Washington & Lee University in 1971 and he obtained his Juris Doctor degree from the University of Alabama School of Law in 1976 where he was Associate Editor of the Alabama Law Review.  Following law school, Bob served as a law clerk to Judge Walter P. Gewin of the United States Court of Appeals for the Fifth Circuit.

Representative Engagements

Banking Related Matters

  • Representation of national bank in defamation and fraud action arising from presentment of fraudulent securities and the plaintiffs’ subsequent arrest by Scotland Yard. (Private Trial – Houston, Texas)
  • Representation of national bank against various tort and breach of contract claims arising from a tri-partite lock-box agreement. (U.S. District Court – Northern District of Texas)
  • Representation of national bank in numerous suits brought by and against borrowers. (State Courts – Dallas and Collin Counties)
  • Representation of borrowers in various suits brought by banks. (State Courts – Dallas and Kaufman Counties)
  • Representation of FSLIC and FDIC in analyzing loans and banking practices and in defending claims brought both by and against the institutions and their receivers. (Removals from various state courts, U.S. District Courts – Northern, Eastern
    and Southern Districts of Texas, Fifth Circuit Court of Appeals)
  • Arbitration of claim against national bank alleging breach of contract in connection with the drafting of a security agreement and negligence in the releasing of the security interest in the collateral. (American Arbitration Association)

Contract and Commercial Litigation

  • Representation of alleged guarantor of equipment lease. (State Court – Kaufman County, Texas)
  • Representation of individual and corporation in dispute arising from intellectual property licensing and shareholder agreements. (State Court – Dallas County, Texas and American Arbitration Association)
  • Representation of produce distribution company in claims arising from various stock and asset purchase agreements. (Various state courts and American Arbitration Association)
  • Representation of database software company in suit arising from cancellation of its North and South America User Conference.
  • Representation of motorcycle/ATV manufacturer/distributor in administrative hearings and dealer franchise litigation. (U.S. District Courts – Northern, Eastern and Western Districts of Texas, U.S. Bankruptcy Court – Southern District of Texas, and administrative hearings before the Texas Department of Transportation, Motor Vehicle Division)
  • Representation of commercial water well drilling contractor in disputes with water supply corporations alleging improper drilling and cross-contamination of aquifers. (State Court– Henderson County, Texas)
  • Arbitration of claims between homeowner and builder relating to environmental issues. (Private Arbitration – Dallas, Texas)
  • Arbitration of claims arising from floor plan financing of automobile dealerships. (American Arbitration Association)

Computer and Software Related Matters

  • Representation of database software company in action for alleged damages arising from software development contract. (State Court – Harris County and mandamus proceeding – Court of Appeals, Houston, Texas)
  • Arbitration of claims between supplier and end users of automobile dealer hardware/software packages.

Corporate Governance / Directors and Officers Liability

  • Representation of the outside directors of a publicly traded oil and gas company in a shareholder derivative suit. (U.S. District Court – Northern District of Texas)
  • Representation of FSLIC and FDIC in investigating potential claims against directors and officers of various savings and loan associations. (Internal investigations)
  • Arbitration of claims between shareholders alleging breach of fiduciary duties. (American Arbitration Association)

Employment

  • Representation of non-subscriber Nursing Home in claim by employee who alleged she was injured by a resident of the facility.
  • Representation of plaintiff against former employer and others alleging claims under the Sarbanes-Oxley Act of 2002. (U.S. District Court – Northern District of Indiana)
  • Representation of an overnight package delivery company in wrongful termination and business tort cases brought by local delivery contractors. (State Courts – Harris and El Paso Counties, Texas and Court of Appeals, El Paso, Texas)
  • Representation of tire manufacturer in defense of claims by former executive for breach of stock option greement, wrongful termination and other business torts. (U.S. District Court – Northern District of Texas and American Arbitration Association)

Fraud / Business Torts / Securities Fraud

  • Representation of a beneficiary of a company sponsored retirement plan in action against the employer and securities brokerage firm. (U.S. District Court – Northern District of Texas)
  • Internal investigation and subsequent representation of gaming equipment manufacturer in securities fraud claim arising from merger. (U.S. District Court – Nevada)
  • Representation of insurance company in action by former managing general agent for fraud and other business torts. (State Court – Dallas County, Texas)
  • Representation of electronics manufacturer in action by customer for fraud and other business torts. (State Court – Dallas County, Texas)

Intellectual Property

  • Representation of defendants in trademark infringement case and in protest of trademark application. (U.S. District Courts – Southern District of Texas and District of New Mexico; U.S. Patent and Trademark Office, Trademark Trial and Appeal Board)
  • Representation of nursing home owner in claims for breach of contract and declaratory judgment regarding intellectual property. (U.S. District Court – Northern District of Texas)

Oil & Gas Related Matters

  • Representation of majority working interest owner of oil and gas properties in title disputes and damage litigation. (State Courts – Cochran and Midland Counties, Texas, Court of Appeals, Amarillo, Texas, and Texas Supreme Court)
  • Representation of investors in claims against company selling oil and gas investments. (State Court – Dallas County and U.S. Bankruptcy Court – Eastern District of Texas)
  • Representation of defendant is suit alleging fraudulent transfer of interest in oil and gas lease. (State Court – Dallas County)
  • Representation of an independent gas producer in ground water contamination cases. (State Court – Wise County, Texas)
  • Representation of oilfield equipment manufacturing companies in products liability and contract matters. (U.S. District Courts – Northern and Southern Districts of Texas, Texas State Courts in Dallas, Howard, Tarrant, and Walker Counties and West Virginia State Courts in Wirt and Harrison Counties)

Professional Liability

  • Representation of non-party attorney in suit between former clients seeking testimony by attorney and production of documents in attorney’s files. (State Court – Denton County)
  • Representation of law firm against malicious prosecution claim arising out of the firm’s representation of a savings and loan association. (State Court – Hidalgo County)

Real Estate Related Matters

  • Representation of tenants in suit alleging breach of lease and in mediation regarding construction of lease terms. (U.S. District Court – Northern District of Texas and mediation)
  • Representation of a land development company in fraud and environmental damage case arising from Colorado development. (U.S. District Court – Northern District of Texas)
  • Representation of gaming equipment operator in injunction action to maintain operating locations following sale of grocery store chain. (U.S. District Court – Nevada and State Court – Clark County, Nevada)