Charlene Koonce

• Roach v. Roach, 2023 WL 6056994 (Tex. App.–Dallas Sept. 18, 2023, no pet. h.) (Reversing denial of TCPA motion to dismiss counterclaims in a declaratory judgment case challenging validity of will amendments and enforceability of “no-contest” provisions);
• Francis v. Phoenix Capital Group Holdings, LLC, 2023 WL 5542662 (Tex. App.–Dallas Aug. 29, 2023, pet. filed) (Reversing in part, partial denial of TCPA motion and dismissing all claims except one, and remanding for consideration of applicable affirmative defense);
• Brighthouse Life Ins. Co. v. Daboub, 577 F. Supp. 3d 504 (N.D.Tex. 2021) (Granting with prejudice Rule 12(b)(6) motion dismissing all claims against life settlement company, including undue influence, fraud and DTPA violations, and denying motion for leave to amend);
• Lowe v. Scott & White Health Plan, 2019 WL 968882 (E.D. Tex. Feb. 28, 2019) (Sustaining objections regarding inadmissible declaration and granting motion to remand premised on Defendant’s failure to demonstrate state law claims arose under federal law as provided by 28 U.S.C. § 1331);
• Liverpool FC Am. Mktg. Grp., Inc. v. Red Slopes Soccer Found., 2018 WL 2298388 (E.D. Tex. May 21, 2018) (Denying Defendants’ motion to dismiss or abstain based on competing case pending in Utah state court pursuant to Colorado River doctrine);
• Moore v. Payson Petroleum Grayson, LLC, 2018 WL 793800 (N.D. Tex. Jan. 22, 2018), report and recommendation adopted, 2018 WL 776577 (N.D. Tex. Feb. 8, 2018) (Granting with prejudice, Defendants’ 12(b)(6) motion to dismiss securities fraud and control person liability claims in purported class action, for failure to plead fraud with particularity);
• Eckard Global Energy, LLC v. Bakken Assumptions I, LLC, et al., 2015 WL 5043079 (E.D. Tex. Aug. 26, 2015) (Relying on Plaintiffs’ choice of law analysis in denying Defendants’ motion for summary judgment where Defendants misappropriated Plaintiffs’ oil & gas investment trade secrets);
• Forex Capital Markets, LLC v. Crawford, 2014 WL 7498051 (Tex. App.–Dallas, Dec. 31, 2014, pet. denied) (Affirming denial of motion to dismiss where Receiver asserted only assigned investor claims which were not subject to arbitration provision binding receivership entity);
• Aaes v. 4 G Companies, 558 F. App’x 423 (5th Cir. 2014), cert. denied, 135 S. Ct. 405 (2014) (Affirming denial of Plaintiffs’ Motion to Alter or Amend Final Order of Dismissal, following 12(b)(6) dismissal of Plaintiff’s Complaint which alleged securities fraud and RICO claims; Order granting 12(b)(6) Motion found at Aaes v. 4G Companies, 2012 WL 949040 (S.D. Tex. Mar. 20, 2012));
• FTC v. IAB Mktg. Associates, LP, 972 F. Supp. 2d 1307,1309 (S.D. Fla. 2013) (Denying Defendants’ motions to lift asset freeze);
• Crawford v. Silette, 608 F.3d 275 (5th Cir. 2010) (Affirming imposition and foreclosure of lien in favor of Receiver despite assertion of Florida homestead protection, where fraudulently obtained funds were transferred from Ponzi operator to innocent home-owner, and used to satisfy mortgage);
• Hartis v. Century Furniture Indus., Inc., 230 S.W.3d 723 (Tex. App.-Houston [14th Dist.] 2007, no pet.) (Upholding judgement following bench trial involving UCC Article 2 formation, interpretation, and enforcement issues); and
• SEC v. Resource Dev. Int’l, LLC, 217 Fed. App’x 296 (5th Cir. 2007) (Upholding district court’s orders finding respondent in civil contempt and directing his incarceration, and denying respondent’s subsequent motion to purge contempt, where Receiver demonstrated respondent failed to comply with orders requiring production of documents and information demonstrating respondent’s disposition of receivership assets).

• Bench and jury trials in state and federal courts 
• Appeals
• Construction Litigation
• Direct Sales & Regulatory Matters
• Employment Litigation
• Insurance Defense
• Oil & Gas Litigation
• Professional Liability
• Real Estate Litigation
• Securities Fraud Litigation
• State & Federal Appeals
• Trade Secret Litigation

• Broker/Customer Disputes
• Regulatory and Enforcement Matters
• Securities Fraud Litigation
• Securities Litigation & Arbitration

Ms. Koonce has served as a court-appointed receiver in government enforcement matters involving dozens of defendants, tens of millions of dollars, and thousands of investors or creditors. She has also represented other receivers and persons and entities sued by receivers in federal courts throughout the country. She obtained summary judgments against dozens of brokers, recipients of Ponzi payments and others in numerous receivership lawsuits, and successfully defended those judgments on appeal to the Fifth Circuit. Additionally, she has served as a receiver in state proceedings involving ownership disputes.

• “Setting the Stage in Federal Equity Receiverships: The Importance and Impact of the Order Appointing Receiver” – Panel member, Federal Equity Receiverships, 2023 Financial Poise Webinar
• “Federal Equity Receiverships: An Introduction – Why Investors, Lenders, Creditors and Lawyers Should Care” – Panel member, 2023 Financial Poise Webinar
• “Advanced Concepts in Recovery and Distribution” – Panel member, 2023 Financial Poise Webinar
• “Receiver’s Huddle Series: Has the Bell Tolled for FTC Receiverships?” — Moderator, December 2021 NAFER Zoom Webinar
• “Receiver Qualifications and Selection Process” – Moderator, June 2019 NAFER Dallas Regional Dinner Program
• “Lessons Learned and Practice Pointers:  Regulators’ Perspectives Regarding Cryptocurrency Receiverships and Related Issues” –Moderator, May 2018 NAFER Washington, DC Regional Dinner Program
• “Receiver Training Camp, Third Quarter” – Panel member, 2018 NAFER Annual Conference
• “Uncork Your Success, You Can’t Break Glass Without a Few Cuts” – Panel member, 2018 Wine, Women, and Wrapping – A Night at the Arboretum
• “Law Enforcement and Federal Receiverships: Maximizing Recoveries for Victims of Financial Fraud”– Panel member, 2018 Continuing Education Program for the Economic Crimes Unit for the FBI
• “Understanding the Implications of Fraudulent Transfer Laws to Creditors: What Lies Ahead” – Panel member, Live Webcast, 2016 The Knowledge Group
• “Forensic Reconstruction of Fraud” – Panel member, April 2016 NAFER Dallas Regional Dinner Program
• “Must-Know Quirky Litigation Matters” – Panel member, 2015 NAFER Annual Conference
• Co-Author of “Broadcasting Lies: Broadcaster Liability in Consumer Fraud”, Part 1, published in the June 2015 Commercial Fraud Committee newsletter, American Bankruptcy Institute
• “What Happens to the Business When Fraud or Other Illegal Activities Occur” – 2014 University of Texas at Dallas Fraud Conference

Extensive experience with state and federal court motion and appellate practice, including mandamus issues. Served as staff attorney for the Chief Justice of the Fifth District Court of Appeals, drafting complex opinions in civil cases, and also served as the Court’s interim writ attorney.