Robert C. Prather, Sr.

Robert C. Prather, Sr.
Shareholder
rprather@snellwylie.com

PRACTICE AREAS

  • Business
    • Business Organizations, Maintenance and Planning
    • Contracts
  • Real Estate
    • Broker, Seller and Buyer transactions
    • Homeowner and Condominium Association
    • Landlord & Tenant
  • Estate Planning and Probate
  • Wind Energy
  • Civil Litigation
    • Business
    • Business Organizations
    • Real Estate
    • Residential Construction
    • Contracts
    • Employer/Employee Contracts
    • Condemnation/Assessments
    • Probate & Estate Administration
  • Alternative Dispute Resolutions (ADR)
    • Arbitration
    • Mediation
    • Collaborative Law
    • Hearing Officer

EDUCATION

  • 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)

PUBLICATIONS

  • Co‑Author w/ Jerome Levy: Texas ADR Practice Guide (l995 West Group)

HONORS

  • Special Achievement Award, U. S. Department of Justice re Task Force and fraud prosecutions (1976)
  • ARMA, Honorable Mention re article on document control in investigation and trial of voluminous document cases (1981)
  • Dallas Bar Association, Outstanding Committee Chairperson (1994)
  • Dallas County Grand Jury, Foreman (2008)

EMPLOYMENT

  • 8/81-Present: General, commercial, real estate, probate and civil litigation as Plaintiff or Defendant; 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 Committee
  • 1970: American Petroleum Institute, Washington, D.C., Summer Clerk

CIVIL TRIALS

  1. Has tried to jury 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.
    1. 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.
    2. 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.
    3. 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.
    4. Collins v. Boehringer Ingelheim Pharmaceutical, Inc., 1993 WL 541384 (TX. App.-Dallas (Not Published) 1993).  Defended company in wrongful termination claims.
    5. BLSJoint Venture v. Bank Home Savings Assoc., 985 F2d 556 (5th Circuit, E.D. TX 1993).  Defended lender against doctors’ real estate loan claims.
  2. 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, personal injury, condemnation and paving tax assessments, civil rights, probate and foreign manufacturers' U.S. contracts and financing.

WHITE COLLAR FRAUD TRIALS

  1. 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 with grand jury proceedings and as lead trial counsel.
    1. 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.
    2. Investigation and conviction of 4 other operators of 25 Texas business schools for bank fraud and government fraud.  Coordinated with Texas Education Agency.
    3. 2‑week jury trial convicting government employees and collection agency personnel of bribery and government fraud in collection of FISL loans.
    4. 3‑week jury trial convicting a college cashier, computer operator and student financial aid officer of government fraud.
    5. 12 week jury trial for bank, government and pension fraud, involving conviction of a college President, Vice President and Business Manager.

ALTERNATIVE DISPUTE RESOLUTION

  • Training: 500+ hrs. Mediation, Arbitration, Collaboration, Hearing Examiner
  • Experience: Conducted 250+ Mediations and 80+ Arbitrations
    • DBA Judiciary Subcom. rev ADR for Dallas Co. Commissioners
    • 1988: Dallas County Settlement Weeks.
    • 1991: Volunteer with Dallas Mediation Services (30+ cases)
    • 1991: AAA Arbitration Panel; Seminars Faculty
    • 1992: Dallas District and County Court referrals
    • 2000: Collin County court referrals, Courthouse Mediator Volunteer
    • 1992: Association of Attorney‑Mediators: AAM Certified; 2003 Pres. N. Tx. Chapter
    • 1996: Texas Education Agency Certified Independent Hearing Examiner
    • 2004: Texas Mediator Credentialing Association: Credentialed Advanced
    • AAA Advisory Committee for Home Construction Arbitration Rules and Mediation Procedures
    • Since 1988, 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.
    • Since 1992, arbitrated matters involving real estate valuations, brokers, residential construction, consumers, partnerships, business organizations, distributorship, trade secrets, non‑competition, 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. $ 10,000,000.00+ claim cases.

ADJUNCT PROFESSOR

1992‑Present:

  • Business Law
  • Business‑Government Policy
  • American Political Foundations

ADMITTED TO PRACTICE

  • 1971: Texas Supreme Court
  • 1978: United States Supreme Court
  • 1981: United States Court of Appeals, Fifth & Eleventh Circuit
  • 1990: United States District Court, Eastern District of Texas
  • 1990: United States District Court, Northern District of Texas

SEMINAR PRESENTATIONS

  • AAA: Arbitration Trainer
  • AAA Securities Arbitrator Training, Faculty, Dallas, 6/94
  • State Bar of Texas: Arbitrator Roundtable 11/09
  • SMU Masters Class: Arbitration/Mediation Lecture
  • U.Tx.SchoolLaw Conference: Hearing Examiner Panel, 2000
  • Dallas Area Gerontological Society, Collabora