John Boyce III

Arbitrator since the early nineties; served on panels (often chair) in domestic and international cases, from 2 to 80+ parties, lasting several days to several weeks in sophisticated commercial matters

Experience

40+ years in a commercial transaction and litigation practice in state and federal trial and appellate courts. Extensive experience in the formation, maintenance, merger, and acquisition of a variety of business entities: corporations, limited liability corporations, limited partnerships, hedge funds, and preparation of various agreements connected therewith: cross-purchase, buy-sell, redemption, sale and leaseback transactions; preparation of securities memoranda and related compliance work; extensive commercial litigation for both lenders and borrowers involving financial transactions, lending agreements, guaranties, mortgages, contracts, and real estate; creditors’ rights representing large publicly-held equipment lessors and financiers in collection matters; forensic accounting and professional malpractice; representing landowners, producers, and pipelines in oil and gas/energy royalty, lease, title, contract, regulatory, and transmission line easement disputes

Work History

Self-employed 1990- present McCamish & Loeffler, 1986-1990
Culton & Morgan, 1983- 1986
Bishop & Paine, 1978- 1983

Cases

chair of panel regarding alleged defects of high pressure oil and gas pipeline which raised technical engineering issues over pipe manufacture and damages models calling for full field replacement chair of panel over breach of an indemnity clause contained in an asset contribution agreement for, inter alia, reduced “earn-out” payments attributable to attorneys’ fees in collateral lawsuit

chair of panel of dispute whether a change of control or ownership in upstream, international entities triggered accelerated royalties for specific technology under the transfer provisions of an asset purchase agreement;

chair of panel over breach of “earn-out” provisions of IP acquisition agreement which turned on issues of infringement and invalidity of underlying patents, fraudulent inducement and tortious interference;

panelist involving real estate developer in dispute with competing developer and lender over allegations of antitrust, tortious interference, and federal bank tying act violations

panelist in dispute between defrauded investors, in complex schemes, and professional liability carrier involving novel coverage issues in context of existing arbitration award

chair in multimillion dollar dispute involving 80+ parties growing out of the sale of series of interrelated limited partnership interests in high tech ventures which turned on issues of federal and state securities laws, breach of fiduciary duty, and complex accounting claims;

panelist in case involving fiduciary negligence and fraud in connection with investment management firm’s (of “feeder fund”) failure to perform due diligence over hedge fund investments;

panelist in case involving claims between former owners and management team under a leveraged buy-out and redemption agreement concerning issues of breach of contract, breach of fiduciary duty, officer and director liability and accounting claims;

chair of panel involving claims of professional negligence against accounting firm for failure to identify related party and control relationships in foreign subsidiary of US public company and failure to provide appropriate accounting advice to resolve issues stemming from whistleblower emails;

chair of panel involving competing claims of fraud, breach of contract, and complex accounting over twenty-five real estate projects each subject to a master development agreement and a Delaware series LLC operating agreement; sole arbitrator in case involving claims of breach of contract and FDA regulations in the manufacturing of oncology drugs by pharmaceutical firm;

chair of panel involving breach of FDA regulations in manufacture of medical device by Korean affiliate of public company

panelist on three person panel to determine ’fair value’ of dissenting minority interest in bank holding company resulting from ’squeeze out’ and involving technical issues of appraisal methodology;

sole arbitrator in claims involving breach of contract, fiduciary duty, and accounting between physicians under limited partnership agreement;

chair of panel to determine breach of covenant not to compete between physician and radiology group;

panelist to determine claims of fraud, breach of contract, professional negligence, and conspiracy in connection with “abusive” tax shelters; and, extensive additional experience involving negotiable instruments, investment securities, including initial public offerings, lending agreements, guaranties, foreclosures, real estate, oil and gas operations and other contract and partnership disputes, accounting fraud, and customer and investment manager disputes as well as construction and products liability claims

Training

CCA Neutrals Conference 2015, New York, New York CCA Neutrals Conference 2013, Albuquerque, New Mexico AAA/ICDR Neutrals Conference, 2012; AAA Regaining Speed and Economy in Dispute Resolution, 2011; Faculty, AAA Maximizing Efficiency and Economy in Arbitration: Challenges at the Preliminary Hearing, 2011; AAA/ICDR Neutrals Conference, 2009; AAA Dealing With Delay Tactics in Arbitration (ACE004), 2006; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2005; AAA Neutrals Conference, San Antonio, 2004; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), San Antonio, 2004; AAA Arbitrator Ethics & Disclosure (ACE003), San Antonio, 2004; AAA Commercial Arbitrator II Training: Advanced Case Management Issues, Houston, 2002; AAA Arbitrator Update 2001; NASD, Arbitrator Certification Training, Houston, 1999; AAA Commercial Arbitrator Training, Houston, 1999; faculty, AAA Mediator Training for UDS/Valero Energy Corporation In-House Corporate Dispute Resolution Program, San Antonio, 1995; AAA Securities Arbitration Training, San Antonio, 1995; various other ADR training

License(s)

Admitted to Texas Bar, 1978; U.S. District Court: Western, Southern, and Northern Districts of Texas; U.S. Court of Appeals: Fifth Circuit; former Registered Investment Advisor, Texas Securities Board (Series 65 license)(currently inactive)

Education

University of Texas at Austin (BA, Economics, with high honors, Phi Beta Kappa, 1975 and Juris Doctor, 1978)

Publications

speaker and author, “The Preliminary Hearing is Anything but Preliminary”, Advanced Arbitrator Toolkit, State Bar of Texas (2019) speaker and author, Panel Discussion on Arbitration, State Bar of Texas ADR Conference (2019) author, “Keeping Arbitration Safe for Texas”, NEW YORK RESOLUTION LAWYER (2018) co-author, “Guide to Best Practices in Commercial Arbitration) (4th Edition, 2017) (College of Commercial Arbitrators) Co-author, “Arbitration Texas Style”, presentation to the 2017 Session of the Texas Legislature speaker, “The Preliminary Hearing in Arbitration: International versus Domestic Perspectives”, State Bar of Texas, ADR Road Show (2016) speaker, “Deflategate and Trends in Arbitration”, State Bar of Texas Construction Law Conference (2016) faculty, AAA Panel Dynamics: Staying on Course When Things Don’t Go As Planned” (2015) speaker, “Legislative Update” Arbitration”, State Bar of Texas Annual Convention (2015) co-author, “Arbitration Texas Style” (2015) for the Texas Legislature

speaker and author, “Use of Arbitration Use in Fiduciary Disputes”, State Bar of Texas, Fiduciary Litigation Conference (2014)

faculty, AAA Panel Dynamics: Effective Techniques for Panelists (2014)

speaker and author, “Arbitration Update”, State Bar of Texas, Business Disputes Conference (2014)

speaker, “The Preliminary Hearing and Discovery”, American Arbitration Association and the College of Commercial Arbitrators, “Managing an Effective Arbitration” Conference (2014)

author, “What Solo Litigators Need to Know About Arbitration”, Texas Bar Journal, Vol. 76, No.11 (2013)

director and speaker, “Conducting Your First (or Next) Arbitration”, State Bar of Texas, conference (Austin, 2013)

author, “Has Positive Software Been Positive for Disclosure?”, American Arbitration Association, Dispute Resolution Journal, Vol. 68, No.2 (2013)

speaker and author, “Arbitration in Employment Disputes”, State Bar of Texas, “Essentials of Business Law” conference (Dallas) (2013)

speaker, “Arbitration Primer”, Bell County Bench-Bar Conference ( 2012)

speaker and facilitator, “Regaining Speed and Economy in Dispute Arbitration, American Arbitration Association (2011)

speaker, “Overview of Trends in Arbitration and Mediation”, American Bar Association Webinar (2011)

speaker, “Crossing the Borderline: When Neutrals Consider Changing Roles”, Texas Association of Mediators Annual Conference (2011)

speaker, “Current Trends in Alternative Dispute Resolution: What’s Hot and What’s Not”, American Bar Association Webinar (2010)

speaker, “Federal and State Legislation Affecting Arbitration”, State Bar of Texas Annual Meeting (2010)

speaker and author, “Arbitration Roundtable”, ADR Section, State Bar of Texas (Houston) (2010)

speaker and author, “Arbitration Roundtable”, ADR Section, State Bar of Texas (Austin) (2010)

speaker and author, “Legislative Developments in Arbitration”, State Bar of Texas Webcast ( 2010)

panelist, “Arbitration: Point & Counterpoint”, State Bar of Texas, College of the Bar Summer School (2009)

speaker and author, “Trends in Arbitration Law”, State Bar of Texas, Annual Meeting (2009)

speaker, “Bench Trial v. Arbitration: Motions to Compel/Motions to Vacate Award”, San Antonio Bar Association Bench-Bar Conference (2009)

course director and moderator, “Advanced Mediation: Skills & Techniques”, Alternative Resolution Section, State Bar of Texas (2009)

speaker, “Emerging Trends in ADR in the Workplace: Navigating the Future”, Association For Conflict Resolution (ACR), 8th Annual Conference (2008)

moderator of panel discussion, “Arbitration Perspectives”, State Bar of Texas, Annual Meeting (2008)

panelist: ’Arbitration: The Good, The Bad, and The Ugly’, William S. Sessions Inn of Court, State Bar of Texas (2007)

author and speaker, “The Ties that Keep On Binding: Case Law Update” Alternative Dispute Resolution Conference, State Bar of Texas ( 2007)

speaker, “Arbitration Roundtable”, ADR Section, State Bar of Texas (Fort Worth) (2007)

author and speaker, ’Awards and Appeals-So You Thought You Were Done’, Arbitration Institute, Texas Institute of Continuing Legal Education (2006)

author and speaker, “The Sea Always Changes: Case Law and Legislative Update”, Alternative Dispute Resolution Conference, State Bar of Texas (2006)

author, ’Arbitrator Disclosure: Standards & Growing Challenges” ALTERNATIVE RESOLUTIONS, vol. 15, no. 1 (2006)

author, ’Consumer Arbitration in Texas,’ and editor, ’Dispute Resolution - Texas Style,’ 3rd ed., State Bar of Texas, Alternative Dispute Resolution Section (2006)

speaker, ’ADR Update and More’, Texas Institute for CLE telephone conference (2005)

author, “Arbitration in Banking and Financial Transactions,’ SAN ANTONIO BUSINESS JOURNAL; (2005)

author and speaker, ’The Role of the CPA in Arbitration,’ San Antonio CPA Chapter; February 2005

author and speaker, “Use of Arbitration in Real Estate Disputes,’ San Antonio Bar, Real Estate Section; (2005)

author, ’An Arbitration Primer,’ SAN ANTONIO LAWYER (2004)

author, ’Arbitration in Estates and Trusts,’ ALTERNATIVE RESOLUTIONS, vol. 14, no. 4 (2004)

author and speaker, ’Arbitration Primer: an Alternative Dispute Resolution Tool for Your Professional Responsibility Repertoire,’ Advanced Estate Planning and Probate course, State Bar of Texas, (2004)

Awards

Texas Monthly ’Superlawyer’ AV rated by Martindale-Hubbell

Panels

Commercial Panel (Large Complex Case and Securities subpanels), American Arbitration Association

Distinguished Neutral, (Banking, Accounting, and Financial Services Panel, Hedge Funds Panel, San Antonio ADR Panel) International Institute for Conflict Prevention and Resolution (CPR Institute)

American Health Lawyers Association(AHLA)

Financial Industry Regulatory Panel (FINRA)

Associations

Past Chair, Alternative Dispute Resolution Section, State Bar of Texas
Chair, Texas Arbitration Council
Chartered Institute of Arbitrators (MCIArb)
College of the State Bar
Fellow, Texas Bar Foundation
San Antonio Bar Association.

Miscellaneous

adjunct professor, Strauss School of Dispute Resolution, Pepperdine University School of Law (2011)