John Boyce III

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

Licenses

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)

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)