 OverviewRoss currently serves as Co-Litigation Section Head and sits on the Firm’s Operations Committee. In his practice, he focuses on complex commercial litigation with a broad range of expertise in securities litigation, director and officer litigation, real estate and hospitality-related litigation, consumer litigation, energy, and general complex commercial litigation. Ross’s real estate and hospitality-related litigation experience includes representing lenders, special servicers, borrowers, and receivers in commercial, lender-liability, and hospitality-related disputes nationwide. With significant experience in bankruptcy-related matters, Ross also represents litigation trustees and creditors’ committees, pursuing claims against directors and officers and third parties in bankruptcy and federal district courts throughout the nation. Ross also has expertise representing court-appointed receivers in actions initiated by the United States Securities and Exchange Commission and the Federal Trade Commission. He acts as counsel to receivers, assists in locating assets, and, when necessary, prosecutes claims against individuals and entities that may have participated in or received funds from the subject fraud. Consequently, he also has expertise in representing targets of these investigations and parties with interests in assets subject to receiverships. Ross also maintains a significant portion of his docket as trial counsel in shareholder disputes and securities-related matters. Memberships
- Cardozo Society
- Dallas Bar Association, Bankruptcy and Commercial Law and Business Litigation Sections
- Jewish Federation of Greater Dallas
- State Bar of Texas, Litigation Section
OverviewRoss currently serves as Co-Litigation Section Head and sits on the Firm’s Operations Committee. In his practice, he focuses on complex commercial litigation with a broad range of expertise in securities litigation, director and officer litigation, real estate and hospitality-related litigation, consumer litigation, energy, and general complex commercial litigation. Ross’s real estate and hospitality-related litigation experience includes representing lenders, special servicers, borrowers, and receivers in commercial, lender-liability, and hospitality-related disputes nationwide. With significant experience in bankruptcy-related matters, Ross also represents litigation trustees and creditors’ committees, pursuing claims against directors and officers and third parties in bankruptcy and federal district courts throughout the nation. Ross also has expertise representing court-appointed receivers in actions initiated by the United States Securities and Exchange Commission and the Federal Trade Commission. He acts as counsel to receivers, assists in locating assets, and, when necessary, prosecutes claims against individuals and entities that may have participated in or received funds from the subject fraud. Consequently, he also has expertise in representing targets of these investigations and parties with interests in assets subject to receiverships. Ross also maintains a significant portion of his docket as trial counsel in shareholder disputes and securities-related matters. ExperienceBreach of Master Service Agreement for Financial InstitutionObtained a $7.5 MM jury verdict for two student loan servicing companies for breach of a Master Services Agreement and numerous Statements of Work. Bankruptcy Litigation + Appellate VictoryRepresented Electric Reliability Council of Texas, Inc. (“ERCOT”) in defending an adversary proceeding brought in the U.S. Bankruptcy Court for the Southern District [more]Represented Electric Reliability Council of Texas, Inc. (“ERCOT”) in defending an adversary proceeding brought in the U.S. Bankruptcy Court for the Southern District of Texas by Anna Phillips, as Trustee of the Entrust Liquidating Trust (“Entrust”). Entrust sought to avoid $296 MM it owed for outstanding invoices for energy purchased during Winter Storm Uri. ERCOT moved to dismiss Entrust’s claims and requested that the bankruptcy court abstain under the Burford doctrine. After the Bankruptcy Court declined to abstain and denied ERCOT’s motion to dismiss most of the claims, ERCOT appealed to the United States Court of Appeals for the Fifth Circuit. After hearing oral argument, the Fifth Circuit held that the Bankruptcy Court’s refusal to abstain under Burford was error, four of the counts should be dismissed, and the remaining two counts should be stayed. [less]Bankruptcy Litigation Represented Electric Reliability Council of Texas, Inc. (“ERCOT”) in defending an adversary proceeding brought in the U.S. Bankruptcy Court for the Southern District of Texas by Brazos Electric Power [more]Represented Electric Reliability Council of Texas, Inc. (“ERCOT”) in defending an adversary proceeding brought in the U.S. Bankruptcy Court for the Southern District of Texas by Brazos Electric Power Cooperative, Inc. (“Brazos”). Brazos sought to avoid approximately $1.9 B it owed for energy charges incurred during Texas’ historic Winter Storm Uri. The trial began February 21, 2022, and proceeded for two weeks before the parties agreed to submit to mediation. In November 2022, the bankruptcy court approved a Chapter 11 plan for Brazos. This proceeding was considered to be the largest bankruptcy trial in the country in 2022 [less]Bankruptcy Litigation Represented Electric Reliability Council of Texas, Inc. (“ERCOT”) in connection to the Chapter 15 bankruptcy proceeding commenced by Just Energy Group, Inc. [more]Represented Electric Reliability Council of Texas, Inc. (“ERCOT”) in connection to the Chapter 15 bankruptcy proceeding commenced by Just Energy Group, Inc. (“Just Energy”) in the U.S. Bankruptcy Court for the Southern District of Texas. Just Energy, the largest independent retail energy provider in the State of Texas, was invoiced more than $280 MM by ERCOT following Winter Storm Uri. Just Energy filed a complaint against ERCOT seeking to void payment for electricity purchased. ERCOT successfully moved to have certain causes of action dismissed and was granted a motion for direct appeal to the U.S. Court of Appeals for the Fifth Circuit. Just Energy’s petitions for rehearing were denied and the adversary proceeding in the bankruptcy case is stayed. [less]Breach of Contract Represented an oilfield services company in a two-week jury trial involving claims for, among others, breach of contract, fraud, and declaratory judgment. Breach of Contract + Fraud Represented multinational Fortune 100 companies in an arbitration matter involving claims for breach of contract and fraud. Hotel Arbitration Represented hotel developers in an arbitration matter resulting from failed development projects. Hospitality Receiverships Represents court-appointed receivers and/or entities with interests in the receivership estate in dozens of hospitality receiverships nationwide. Business Partner Disputes Deep experience representing companies in shareholder and business partner disputes and business divorce cases. Mediations, Arbitrations + Trials Has represented hundreds of companies in mediations, arbitrations, bench trials, and jury trials. Department of Health Dispute Represents eight durable-medical equipment providers in litigation against the Department of Health and Human Services in the U.S. Court of Federal Claims.
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