Cort Thomas

Mr. Thomas has extensive litigation experience in federal district, bankruptcy, and appellate courts throughout the United States and frequently serves as local counsel for matters pending in Dallas. He recently completed service as the President of the Dallas Chapter of the Federal Bar Association, and continues to serve on the Northern District of Texas’s Bench Bar Committee. He began his legal career as a law clerk in the chambers of United States District Judge Jane J. Boyle, where he learned the ins and outs of local practice. Examples of Mr. Thomas’ work in federal courts include:

• (N.D. Tex.) ‒ Represented oil and gas company in a lawsuit against its insurance carrier regarding a pollution event at a salt water disposal well purchased through bankruptcy.
• (N.D. Tex.) – Represented primary insurer in contract dispute with reinsurer
• (E.D. Tex.) ‒ Represented credit card processing company in lawsuit brought by restaurant owner
• (N.D. Tex., Ft. Worth) ‒ Represented non-profit foundation in breach of contract case involving PPE supplier during the first walls of the COVID pandemic
• (N.D. Tex., Ft Worth) – Represented family member sued for alleged violations of trust agreement and fiduciary duties
• (N.D. Tex., Ft. Worth; Tex. Dist. – Tarrant County; Arbitration) Represented cybersecurity firm in dispute with former executive
• (N.D. Tex. & E.D. Tex.) — Represented manufacturer of home construction materials in series of products liability cases brought by subrogee insurance companies
• (N.D. Tex. & D. Del. ) — Defended master limited partnership, affiliates, and directors against shareholders’ securities claims under the Securities and Exchange Act of 1934
• (N.D. Tex.) — Represented processing agent against claims brought involving Federal Motor Carrier Safety Act
• (N.D. Tex.) — Served as local counsel and represented large biotech company in employment dispute with former employee
• (N.D. Tex.) — Served as local counsel and represented a major health care provider in a lawsuit against a repricing company for false advertising under the Lanham Act and other business torts
• (N.D. Tex.) — Served as local counsel and represented large software company in insurance coverage dispute
• (N.D. Tex.) – Represented multiple third parties in responding to document and deposition subpoenas
• (N.D. Tex.) — Served as court-appointed guardian ad litem in personal injury cases
• (N.D. Tex.) — Served as member of the court’s CJA panel in multiple federal criminal cases
• (5th Cir.) — Represented staffing company in obtaining reversal of district court’s dismissal of Section 1981 claim
• (N.D. Cal.) — Represented transportation company in FLSA collective action
• (Bankr. W.D. La.) — Represented secured lender in chapter 11 cases filed in Lafayette, Louisiana
• (Bank. S.D. Tex.) — Represented GOM working interest owner in adversary proceeding brought in Houston, Texas
• (Bankr. S.D. Tex.) — Advised private equity firm in connection with prepackaged chapter 11 filing of GOM E&P subsidiary
• (Bankr. N.D. Tex.) – Served as conflicts counsel to Chapter 11 Debtor

Drawing on his experience in federal courts, Mr. Thomas also serves as a court-appointed federal equity receiver in actions brought by regulatory bodies. Mr. Thomas currently serves as the receiver in SEC v. Barton, et al., No. 3:22-cv-2118-X in the Northern District of Texas. If you are an investor or creditor, you can access the Receivership website here. He also regularly represents receivers in similar actions. Mr. Thomas also serves as the receiver in SEC v. Gallagher Financial Group, et al., No. 3:19-cv-575-C, in the Northern District of Texas. If you are an investor, please access the Receivership’s home page here.

Mr. Thomas also has extensive experience litigating disputes in state courts throughout Texas and before administrative tribunals, including the Public Utility Commission of Texas (PUCT) and Office of Financial Institution Adjudication (OFIA). He has handled a wide array of energy-related cases, ranging from disputes over oil and gas joint operating agreements, to gas service agreements, to CCN proceedings surrounding the construction of an electric transmission line. He has also defended bank executives against their removal from banking, represented large private equity funds and fund-backed subsidiaries in contract disputes, and helped commercial landlords deal with difficult tenants. Examples of Cort’s other commercial litigation experience include:

• (OFIA, FDIC, 5th Cir.) — Defended bank director in enforcement action brought by FDIC relating to alleged breaches of fiduciary duty, violations of law, and unsafe and unsound practices
• (Tex. Dist. – Dallas Cnty.) — Represented home healthcare business in defending claims for misappropriation of trade secrets and tortious interference in connection with employee non-solicitation agreements
• (Tex. Dist. – Reeves & Pecos Cntys.) — Represented large E&P company in connection with series of AMI and title disputes
• (Tex. Dist. – Dallas Cnty.) — Represented private equity firm in connection with non-operating working interests in Permian Basin and dispute over JOA
• (Tex. Dist. – Dallas County; Arbitration) ‒ Represented investor in suit to recover investment from defaulting oil and gas company
• (Tex. Dist. – Dallas County) – Represented minority shareholders in lawsuits against majority owners in closely-held businesses
• (Tex. Dist. – Dallas County) ‒ Represented noteholder in efforts to recover loan proceeds from fraudulent scheme
• (Tex. Dist. – Dallas County) ‒ Represented minerals acquisition company in defense against defamation claims using Texas Citizens Participation Act (TCPA)
• Pursued collection efforts on behalf of companies in a variety of industries, including energy, construction, and commercial real estate
• Represented gas distributor in dispute with intrastate natural gas pipeline company regarding terms of gas services agreement and statement of operating conditions
• Assisted state-chartered bank with internal investigation of complaints

• (Tex. Cnty. Courts) — Represented both property owners and utilities in eminent domain proceedings related to electric transmission lines and state highway takings
• (PUCT) — Represented electric utility in various disputes before the Public Utility Commission of Texas, the State Office of Administrative Hearings, the Austin Court of Appeals, and various other Texas state courts
• (PUCT) — Represented electric utility in base rate case and change of control proceedings
• (PUCT) — Represented landowners in utility’s application to amend its Certificate of Convenience and Necessity (CCN) to construct a new transmission line in North Texas
• (Tex. Dist. – Dallas County) – Represented utility company in dispute regarding utility’s tariff

• (N.D. Tex.) Defended national REIT against claims brought by dissatisfied potential tenant
• (Tex. Dist. – Dallas Cnty.) Represented landlords in various lease disputes with tenants in various state district courts, resulting in several judgements for landlord and collection efforts
• (Tex. Dist. – Harris Cnty.) Represented land owner in boundary line dispute with adjoining landowner
• Advised multiple global investment managers and REITs through disputes with defaulting commercial tenants
• Advised national property management company through disputes with property owners over management agreement and construction issues
• Negotiated commercial leases and purchase and sale agreements for various real estate investment firms
• Advised multiple residential and commercial construction companies regarding contract disputes, lien and bond issues, contract negotiations, and other matters

• (N.D. Tex.) Served as court-appointed receiver over financial services firm in enforcement action brought by Securities and Exchange Commission
• Represented a publicly traded asset management company in various disputes with former employees and other claimants in Texas and Kansas
• Advised independent wealth advisor on various contractual, employment, and other business matters

While Mr. Thomas enjoys defending his clients in traditional court proceedings, he understands that the best, most cost-effective solution might be something other than traditional litigation. He has represented clients in multiple private arbitrations, including special expedited arbitrations aimed at minimizing costs for all parties involved. Mr. Thomas has advised clients through multiple successful mediations, with some even taking place before any discovery had occurred.

• (Arbitration) – Represented E&P company in arbitrations involving Fair Labor Standards Act
• (Arbitration) — Represented private equity firm in AAA arbitration involving corporate tax dispute involving purchase and sale agreement
• (Arbitration) — Represented various midstream and E&P companies in arbitrations involving purchase and sale agreements and indemnity claims
• (Arbitration) — Represented LLC members in business dispute surrounding windup of oilfield services

Mr. Thomas also serves as a mediator and arbitrator. In these roles, he has handled a variety of commercial disputes, including cases involving construction defects, landlord-tenant disputes, DTPA claims, wrongful foreclosures, wrongful repossessions, breaches of contract, and attorney-client disputes. In addition to mediating and arbitrating for a fee, Mr. Thomas provides pro bono mediation services through the Dallas County Dispute Resolution Center. Mr. Thomas is also currently in the certification process to become a certified Christian Conciliator with the Institute of Christian Conciliation.

Mr. Thomas comes from a family of entrepreneurs and uniquely understands the demands on small and medium-sized business owners, having worked in a family business for several years before attending law school. Mr. Thomas now uses that insight to help guide businesses through their everyday legal challenges. In addition to litigation analysis, he regularly assists clients with issues surrounding contract negotiation and drafting, asset protection, corporate structure and governance, real estate transactions (including purchases, sales, and leases), and employment counseling. Industries in which Mr. Thomas has served as outside counsel include financial services, commercial and residential construction, real estate investment, and higher education.

• “Tax Issues: A Checklist for Receivers,” The Receiver (July 2020), co-authored with Joshua Smeltzer
• “Enforcing a Pipeline Carrier’s Liens: Pipelines’ Powerful Lien Rights over Shippers’ Oil and Gas Secures Their Transportation Charges,” Oil & Gas Financial Journal (May 2017), co-authored with Josiah Daniel
• “Criminal Malpractice: Avoiding the Chutes and Using the Ladders,” American Journal of Criminal Law, Vol. 37, Pg. 331 (Summer 2010)
• “The Foreign Corrupt Practices Act: A Decade of Rapid Expansion Explained, Defended, and Justified,” The Review of Litigation, Vol. 39, Pg. 439 (Winter 2010)