William Lemons

Now engaged in the full-time practice of arbitrating commercial, construction, healthcare, banking, financial services, employment and labor disputes, Bill Lemons has chaired or been sole Arbitrator in over 475 matters.

Experience

Has served as Neutral, both domestically and internationally, in a number of large complex commercial, construction, healthcare, oil and gas/energy, environmental, technology and banking/financial services disputes. Many of those disputes involved multiple parties or class actions, and service as Chair in a number of them. Recognized as a leader in case management techniques and is widely known for his efficient management of conflict resolution processes. Was lead facilitator at the national 2010 AAA/ICDR Neutrals Conference (Orlando, November 5-6, 2010) in the program ’Arbitrators: Are You What They’re Looking For?’ which introduced the CCA Protocols for Expeditious, Cost-Effective Commercial Arbitration. Also facilitated the AAA Neutrals’ Program ’ADR Strategies That Save Time and Money’ (San Antonio, February 26-27, 2010) followed by the AAAU Webinar ’How International Arbitration Techniques Can Benefit Domestic Arbitration’ (October 15, 2010). Served as a panel member at the University of Houston Law Center Program (November, 2011), co-sponsored by AAA, JAMS and CCA, entitled ’Managing Your First Arbitration.’ Charter member of the Guided Choice Group. As a full-time Neutral, has experience in construction disputes, ranging from fabricated homes to significant residences to large commercial and investment properties. Also has knowledge in the area of oil, gas and other minerals includes matters pertaining to leases and disputes between the operator and surface owner, executive rights, royalty, working interests and division orders, competing water rights and suspension of production revenue. Cases have ranged from small one-day pro se cases with no counsel for either side, to a 28 day hearing with 17 lawyers in attendance. See www.WHLemonsADR.com

Work History

Full-time Mediator and Arbitrator for twenty-five years, with William H. Lemons, P.C. (and predecessor firms); Partner, what is now Cox Smith Dykema, 1975-97; In-house Labor Relations Counsel, Braniff Airways, Inc., 1973-75.

Cases

Has served as a Neutral under JAMS, AAA, AHLA, ICDR, ICC, IBA and CPR rules. Representative past arbitrations include: • Panel Arbitrator in a significant ($100+ million) patent infringement dispute concerning negative pressure wound treatment technology; • Panel Chair in significant dispute over reals estate development in a well-known South Texas golf course community; • Panel Chair in a significant ($240+ million) ICDR case involving a Spanish corporation that is the third largest construction company in the world and its dispute over the value of assets it acquired in a stock purchase; • Panel Arbitrator in a significant ($50+ million) attorney fee dispute concerning contingent attorneys’ fees from a $190 million settlement. Campbell Harrison & Dagley, L.L.P. v. Hill, 782 F.3d 240 (5th Cir. 2015); • Panel Chair in a number of commercial cases involving the enforcement of commercial guaranties by various secured lenders, including one executed by a U.S. Congressman; • Sole Arbitrator in a number of cases involving physician/hospital service/employment agreements, physician practice agreements, non-competition and confidentiality agreements, partnership and/or practice group dissolutions, nursing home negligence and standard of care cases, healthcare provider/insurance company payment/billing disputes, and other matters pertaining to the provision of health care and related services; • Sole Arbitrator in a number of FINRA and AAA administered disputes concerning commissions claimed as a result of the trading of blocks of energy on various commodities markets, and involving forfeiture of deferred compensation as a result of alleged breach of fiduciary duties and/or covenants pertaining to confidentiality and prohibiting competition; • Chair of several Dispute Review Boards, including one established by the construction partners in a $1.2 billion local hospital renovation project; • Panel Member in a dispute between partners in a Park City Ski Resort development resulting in an adjudication of frustration or purpose and winding down the partnership. • Chair or sole Arbitrator in a number of class/collective action or individual arbitrations under the Fair Labor Standards Act of 1938, involving over 3,000 employees and liabilities in excess of $40 million. Extensive experience in clause construction issues, conditional certification, issuance of notices and opt-in consent forms and adjudication of regular rate and overtime claims. • Sole Arbitrator in a number of arbitrations involving breach of fiduciary duty, non-competition agreements, executive employment agreements and claims under the Employee Retirement Income Security Act (ERISA). Past mediation opportunities include: • Settlement of a number (150+) of disputes involving class action or collective action litigation or pre-suit claims for employees in the oilfield services/energy industry, resulting in settlements exceeding $300+ million for in excess of 41,000 participants; • Co-Mediator in a multi-party dispute (42 attorneys and 340+ plaintiffs) over royalties and development rights in a West Texas subdivision as pertains to competing mineral rights estates. Lesley v. Veterans Land Bd. of Texas, 352 S.W.3d 479 (Tex. 2011); • Mediator in a number of commercial disputes between institutional lenders and business borrowers in the banking and financial services arenas involving secured transactions, mortgages, lender liability, breach of loan commitment allegations, guaranties, violations of the automatic stay and other wrongful foreclosure matters; • Mediator in a number of commercial disputes involving refining, offshore drilling technology, environmental, intellectual property, software and technology and copyright and trade dress disputes.

Training

Faculty, AAA How to Navigate the Arbitrator Disclosure Minefield 2014; AAA Webinar, Innovative Testimony Techniques for the Arbitration Hearing, 2014; AAA Faculty Managing a Successful Arbitration, 2014; AAA Disclosures, Depositions and Dispositive Motions, 2013; AAA/ICDR Neutrals Conference, 2012; Association of Attorney-Mediators, Annual CLE Program, 2011; College of Commercial Arbitrators Annual Meeting, 2011, 2010; AAA Regaining Speed and Economy in Dispute Resolution, 2011; AAA Webinar, Due Process Dilemmas: How Far to Go in the Name of Fairness, 2011; State Bar of Texas ADR Section and TexasBarCLE Annual Seminar: Alternative Dispute Resolution Course, 2010; Faculty, AAA/ICDR Neutrals Conference, 2010; AAA Webinar, How International Arbitration Techniques Can Benefit Domestic Arbitration, 2010; AAA, Efficient ADR - Saving the Client’s Money Through Technology and Common Sense, 2010; AAA Faculty, ADR Strategies That Save Time and Money, 2010; DRBF, Annual Meeting, 2009; AAA Webinar, Arbitrator Boundaries: What are the Limits of Arbitrator Authority?, 2009; AAA/ICDR Neutrals Conference, 2009; ICDR International Symposia in Advanced Case Management Issues, 2009; State Bar of Texas, Arbitration Roundtable, 2010, 2009, 2007; Association of Attorney-Mediators, Mediator’s Tips, Tools and Techniques, 2007; CPR/The Chartered Institute, International Arbitration Training, 2006; AAA Dealing With Delay Tactics in Arbitration (ACE004), 2006; Association of Attorney-Mediators, Advanced Mediator Training, 2006; Attended AAA Neutrals Conference, 2005, 2004, 2003; AAA Arbitrator Ethics and Disclosure (ACE003), 2004; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2003; AAA Pro Se: Managing Cases Involving Self-Represented Parties (ACE002), 2003; AAA Employment Arbitrator II Training: Advanced Case Management Issues, 2002; AAA Arbitrator Update 2001; AAA Commercial Arbitrator Training, 1999; Association of Attorney-Mediators, Advanced Mediator Training, 1999; AAA Neutrals’ Retreat, 1998; Attorney-Mediators Institute Basic Mediation Training, 1997.

License(s)

Admitted to the Bar, Texas, 1973; U.S. District Courts: Northern (1973); Western (1975) and Southern (2001) Districts of Texas; District of Arizona (1991); Western District of Pennsylvania (2016); U.S. Court of Appeals: Fifth (1977) and Eleventh (1981) Circuits; U.S. Supreme Court, 1980.

Education

UNIVERSITY OF HOUSTON - B.B.A (1970) J.D. Magna Cum Laude (Top 2%) UNIVERSITY OF HOUSTON LAW CENTER (1972) Order of the Coif; Houston Law Review

Publications

Panel member/presenter at the University of Houston Law Center Program (November, 2011), co-sponsored by AAA, JAMS and CCA, entitled Managing Your First Arbitration – to emphasize Reducing Cost and Delay in Arbitration – Introducing the CCA Protocols; Lead facilitator at the national 2010 AAA/ICDR Neutrals Conference (Orlando, November 5-6, 2010) in the program Arbitrators: Are You What They’re Looking For? that introduced the CCA Protocols for Expeditious, Cost-Effective Commercial Arbitration. Facilitator at the AAA Neutrals’ Program ADR Strategies That Save Time and Money (San Antonio, February 26-27, 2010) followed by the AAAU Webinar How International Arbitration Techniques Can Benefit Domestic Arbitration (October 15, 2010); Course Director, State Bar of Texas ADR Section and TexasBarCLE Annual Seminar: Alternative Dispute Resolution Course (January 29, 2010 – San Antonio); Speaker and Author: State Bar of Texas ADR Section Seminar: Arbitration Roundtable (January-February, 2010, November, 2009, April, 2007); Colloquy: To Arbitrate or Not to Arbitrate, 2006 Tarrant County Bench Bar Conference, April, 2006; How to Participate Effectively in Arbitration (National Employment Lawyers Association, 9th Annual Seminar, June, 2005); Arbitration Advocacy (TexasBarCLE Webcast, November, 2006); Arbitration Advocacy for Attorneys: A Guide to Case Preparation & Presentation in Arbitration (American Arbitration Association, Austin and San Antonio, 2004-2005); Nuts and Bolts of Arbitration for Lawyers (South Texas College of Law-Advocacy Skills for Resolving Disputes, October, 2004); Texas Association of Business – 27th Annual Employment Relations Symposium: Arbitration – An Alternative to Courts and Juries (July, 2005); SABA Commercial Law Section: Consumer Arbitration - Myths vs. Reality (July, 2005); National Employment Lawyers Association Ninth Annual Seminar: How to Participate Effectively in Arbitration (June, 2005).

Awards

Selected to Best Lawyers in America (1989 - Present) Selected to Who’s Who in American Law (1994) Selected to Who’s Who Legal, the Official Research Partner of the International Bar Association Rated ’AV ’Preeminent’ by Martindale-Hubbell (1986 – Present) and included in its Bar Register of Preeminent Lawyers Recipient of the Frank Evans Award from the State Bar of Texas ADR Section, awarded to those who have performed exceptional and outstanding efforts in promoting the use of ADR methods in Texas.

Panels

Commercial, Large Complex Case, Banking and Financial Services, Construction, Insurance, Real Estate and Employment Panels of the American Arbitration Association; Distinguished Neutral (Employment, Commercial and Insurance Panels) of the International Institute for Conflict Prevention & Resolution (“CPR”); Member, CPR Task Force on Employment-Related Mass Claims; Panelist for the American Health Lawyers Association (“AHLA”) ADR Service; Panelist for Resolute Systems, LLC; Has served on a number of Panels for the International Center for Dispute Resolution (’ICDR’).

Associations

Fellow, College of Commercial Arbitrators; Fellow, Chartered Institute of Arbitrators (London); Member, CPR’s National Panel of Distinguished Neutrals; Member, Association of Attorney-Mediators (Past National Board Member and President); State Bar of Texas ADR Section (Past Chair); State Bar of Texas Litigation Section; Institute for Responsible Dispute Resolution (Charter Member); Smith County and San Antonio Bar Associations; Texas Bar Foundation (Fellow); Smith County Bar Foundation (Fellow); Credentialed Distinguished Mediator - Texas Mediator Credentialing Association; Certified Professional Mediator - International Mediation Institute (The Netherlands).

Miscellaneous

Mr. Lemons subscribes to and follows the AAA’s and the ABA’s Code of Ethics for Arbitrators in Commercial Disputes, the AAA’s Model Standards of Conduct for Mediators, and the Ethical Guidelines for Mediators promulgated by The State Bar of Texas. References will be furnished upon written request.