Robert C. Prather, Sr.
- 8/81-Present: General, commercial, real estate, probate and civil litigation as Plaintiff or Defendant; Wills, Trusts, Estates and Probate; Mediator, Arbitrator, ADR
- 1980‑81: United States Department of Justice (Dallas): appointed Economic Crime Enforcement Specialist (N.D. & W.D. Tex); Coordinated State/Fed. white‑collar crime investigations
- 1974‑80: Assistant United States Attorney (N.D. Tex.‑Dallas); Task Force investigation/trial of conspiracy/fraud/theft of loans, student financial aid funds by schools, administrators, lenders
- 1971‑74: Assistant District Attorney, Dallas County, Texas
- 1971: Staff Attorney to Sen. William T. Moore & Deputy Comm. Clerk Texas Senate State Affairs
- 1970: American Petroleum Institute, Washington, D.C., Summer Clerk
- Has tried 125 jury trials to verdict and assisted in the appeal of matters involving commercial and consumer issues, lender liability, Deceptive Trade Practices Act, letters of credit, disposition of collateral, business organizations, real estate and probate.
- Shenandoah Associates v. J & K Properties, Inc., et al, 741 S.W.2d 470 (Tex.App.‑Dallas 1987, writ den’d). 6‑week jury trial, with 1100 jury issues, defended against DTPA and fraud claims, resulting in a take nothing judgment against the Borrower’s claims, judgment on the notes for lender, and findings of bad faith, harassment and groundless against the Borrower.
- Home Savings Association v. Bevers, 745 S.W.2d 504 (Tex.App.‑Amarillo, 1988, no writ). Abatement involving a Letter of Credit, injunction and the Borrower’s claims of fraud.
- In Re: Sam J. Ramsey, et al, 28 S.W.3d 58 (Tex App.‑Texarkana 2000, no writ). Mandamus of probate jurisdiction issues in partnership claims against an estate.
- Collins v. Boehringer Ingelheim Pharmaceutical, Inc., 1993 WL 541384 (TX. App.-Dallas (Not Published) 1993). Defended company in wrongful termination claims.
- BLSJoint Venture v. Bank Home Savings Assoc., 985 F2d 556 (5th Circuit, E.D. TX 1993). Defended lender against doctors’ real estate loan claims.
- Has litigated other commercial matters, such as employer/employee relations for management or employees (not union), non‑competes, trade secrets, contracts, agent/employment/distributor contracts, mortgage brokerage commissions, real estate sales contracts, landlord/tenant, partnerships and dissolutions, corporations and corporate derivative suits, telecommunications contracts, residential construction and foundation defects, consumer claims, condemnation and paving tax assessments, civil rights, probate and foreign manufacturers’ U.S. contracts and financing.
WHITE COLLAR FRAUD TRIALS
- 1974‑80: Assistant U.S. Attorney, Northern District of Texas. Managed 6 year FBI, HEW, IRS Task Force/Grand Jury investigation and prosecution of bank fraud, bribery, theft of government funds, and pension plan fraud.
- Investigation and conviction of LTV, a Fortune 500 public corporation, for bank fraud and government fraud involving approximately $20 Million in federal student aid loans (FISL) and funds.
- Investigation and conviction of 4 other operators of 25 Texas business schools for bank fraud and government fraud. Coordinated with Texas Education Agency.
- 2‑week jury trial convicting government employees and private collection agency personnel of bribery and government fraud in collection of FISL student loans.
- 3‑week jury trial convicting a college cashier, computer operator and student financial aid officer of government fraud.
- 12 week jury trial for bank, government and pension fraud, with conviction of a college President, Vice President and Business Manager.
ALTERNATIVE DISPUTE RESOLUTION-Since 1988
- Training: 600+ hrs. Mediation, Arbitration, Collaboration, Hearing Examiner
- Experience: Conducted 260+ Mediations and 90+ Arbitrations
- DBA Judiciary Subcom. review of ADR for Dallas Co. Commissioners
- Dallas County Settlement Weeks.
- Volunteer with Dallas Mediation Services
- AAA Arbitration Panel; Seminars Faculty
- Dallas District and County Court referrals
- Collin County court referrals, Courthouse Mediator Volunteer
- Association of Attorney‑Mediators: AAM Certified; 2003 Pres. N. Tx. Chapter
- Texas Education Agency Certified Independent Hearing Examiner
- Texas Mediator Credentialing Association: Credentialed Advanced
- AAA Advisory Committee for Home Construction Arbitration Rules and Mediation Procedures
- Mediated and represented parties in mediation in partnerships, dissolutions, personal injury, contracts, tax/condemnation, lender liability, real estate contracts, broker, telecommunications, employee relations and agreements, energy, probate, consumer, EEOC and Postal Service.
- Arbitrated matters involving real estate valuations, brokers, residential construction, consumers, partnerships, business organizations, distributorship, trade secrets, non‑competition, probate, fraud, commercial transactions, gas pipeline partnerships, securities, insurance companies and their agents and contracts, healthcare, health insurance, health entities, employment relationships and EEOC. Chairman on numerous AAA Panels including up to $ 10,000,000.00+ claim cases.
- Special Achievement Award, U. S. Department of Justice re Task Force and fraud prosecutions (1976)
- Dallas Bar Association, Outstanding Committee Chairperson
- Dallas County Grand Jury, Foreman (2008, 2010)
PUBLICATIONS & PRESENTATIONS
- Texas ADR Practice Guide (l995 West Group), Co-Author
- AAA: Arbitration Trainer
- AAA Securities Arbitrator Training, Faculty, Dallas
- State Bar of Texas: Arbitrator Roundtable
- SMU Masters Class: Arbitration/Mediation Lecture
- U.Tx.SchoolLaw Conference: Hearing Examiner Panel
- Dallas Area Gerontological Society, Collaborative Law
ADMITTED TO PRACTICE
- Texas Supreme Court
- United States Supreme Court
- United States Court of Appeals, Fifth & Eleventh Circuit
- United States District Court, Eastern District of Texas
- United States District Court, Northern District of Texas
- University of Texas School of Law, Austin, Texas (J.D., 1970)
- University of Tasmania, School of Law (Rotary International Scholar), 1968
- University of Texas, Austin, Texas (B.Sc.; Minor – Business, 1967)
- Business Law
- Business‑Government Policy
- American Political Foundations
- State Bar of Texas ADR Section Council Member & Secretary
- Dallas Bar Association Committee:
- Committee Chairman Award
- Judiciary (Chair ) & Courthouse & ADR Committees
- Federal Judiciary Liaison Committee
- Collaborative Law Section, Chair
- Collin County Bar Association: ADR Section
- College of the State Bar of Texas
- Association of Attorney‑Mediators: Pres., N. Tx. Chapter
- Association for Conflict Resolution
- Texas Association of Mediators
- Texas Collaborative Law Council: Advisory Board
- Global Collaborative Law Council: Director
- Children’s Cancer Fund‑Dallas: 1982‑1991 (General Counsel & founding Director)
- Rotary Club of Dallas: 1971‑ (Director, Officer, Trustee); Paul Harris Fellow