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J. Bennett White
Top Professional in Business Litigation - BScene Magazine 2005 & 2006

Born: August 27, 1960, Jacksonville, Texas

Bennett White’s practice focuses on all aspects of commercial litigation. He has extensive experience in contract disputes, construction law, business torts, employment law, banking, bankruptcy, and civil and commercial law. His diverse and varied practice has resulted in trials of lawsuits involving everything from corporate governance (shareholder derivative) issues, enforceability of noncompetition agreements, protection of trademarks and trade secrets, copyright infringement, wrongful denial of insurance benefits, enforcement of mechanic's liens and bond claims, fraud and misrepresentations, interpretation of mineral royalty reservations, retaliatory discharge and wrongful termination, in addition to more commonplace litigation concerning contractual and relational disputes. In the area of bankruptcy, Mr. White has significant experience representing both creditors and debtors. He has protected the interest of creditors, large and small, in cases under Chapters 7, 11, 12, and 13. He has also assisted clients in reorganizing or discharging substantial debts, including extensive litigation over claims both against and belonging to the bankruptcy clients ranging from national corporations to local businesses and individuals.

Recent Representations
  • Represented an investor in dispute over corporate ownership and management. Involved issues of fiduciary duty, corporate opportunity usurpation, trademark licensing and ownership, shareholder oppression, and enforceability of settlement agreement, among others. TRO erroneously entered by trial court reversed on appeal.
  • Represented the general partner and majority limited partner in a dispute with a minority limited partner over the obligations required by their agreements.
  • Represented an employer enforcing an agreement to require former employee to reimburse employer for certain expenses incurred during period of employment. Employee countersued claiming agreement was illegal restraint of trade. Court ruled for employer after bench trial.
  • Represented an employer enforcing a post-employment restrictive covenant. Court determined agreement complied with Light v. Centel despite having been written more than two years prior to that decision. Jury verdict for employer.
  • Representing temporary employment service seeking to enforce lien rights for $200,000+ for labor provided to subcontractor in HUD housing project. Trial court ruled lien rights not available to temporary employment service. Reversed on appeal, lien rights held proven as a matter of law. Motion for rehearing currently pending.
  • Representing golf course owner in litigation with homeowners’ association over interpretation of restrictions and applicable documents and to determine relative duties of parties to each other. Trial court erroneously interpreted document and entered TRO. Reversed on appeal with appellate court ruling in golf course owner’s favor as a matter of law.
  • Representing royalty owners in claims over amount of minerals reserved in their predecessor’s deed. Court ruled in favor of royalty owners after bench trial. Upheld on appeal.
  • Represented corporation in dispute between shareholders over breach of corporate duties. Bench trial; plaintiff awarded less than he turned down to settle.
  • Represented contractor in claims against county and county economic development council for tortious interference and breach of corporate duties. Case settled after three sessions of mediation with substantial payment to contractor.
  • Defended corporation and majority shareholder against claims of waste, breach of contract, and shareholder oppression. Jury trial; plaintiff awarded less than he turned down to settle.
  • Defended private prison contractor against claim of sexual discrimination brought by prison guard. Verdict for employer after jury trial.
  • Represented former state employee in claims against state agency for sexual discrimination and FMLA violations. State settled for substantial sum on eve of trial.
  • Represented major cattle rancher in litigating with overzealous lender and reorganizing operations and holdings. Lender held responsible for breaching mediation agreement; upheld on appeal. Lender eventually accepted substantial discount and accepted plan of reorganization.
  • Represented pioneer in wind energy business in reorganizing personal finances and litigating multiple classes of claims. Individual was target of contrived claims by investors, financial institutions, and government. Litigation of government claim of approximately $20 million in tax debt resolved for $400,000 payout on favorable terms.
Recent Opinions
  • Jamestown Ins. Co. v. COG Management, LLC, 2012 U.S. Dist. LEXIS 45918 (S.D. Tex. 2012)
  • Ortiz v. Young, 431 Fed. Appx. 306 (5th Cir. 2011), cert. denied, 182 L.Ed.2d 233 (2012)
  • Jamestown Ins. Co. v. COG Management, LLC, 2011 U.S. Dist. LEXIS 91261 (S.D. Tex. 2011)
  • Reeder v. Wood County Energy, L.L.C., 320 S.W.3d 433 (Tex. App. – Tyler 2010, pet. granted)
  • Hanif v. Clarksville Oil & Gas Co., 2010 Tex. App. LEXIS 3976 (Tex. App. – Texarkana 2010, no pet.)
  • Walker & Assoc. Surveying, Inc. v. Roberts, 306 S.W.3d 839 (Tex. App. – Texarkana 2010, no pet.)
  • Shakoor v. Clarksville Oil & Gas Co., 2010 Tex. App. LEXIS 5174 (Tex. App. – Texarkana 2010, no pet.)
  • Walker & Assoc. Surveying, Inc. v. Austin, 301 S.W.3d 909 (Tex. App. – Texarkana 2009, no pet.)
  • Academy of Skills & Knowledge, Inc. v. Charter Schools, USA, Inc., 260 S.W.3d 529 (Tex. App. – Tyler 2008, pet. denied)
  • In re Frost, 2008 Tex. App. LEXIS 3700, 2008 WL 2122597 (Tex. App. – Tyler 2008, orig. proceeding)
  • Williams v. Colthurst, 253 S.W.3d 353 (Tex. App. – Eastland 2008, no pet.)
  • Mission Linen Supply, Inc. v. Sandy’s Signals, Inc., 2007 Tex. App. LEXIS 5968, 2007 WL 2152070 (Tex. App. – Fort Worth 2007, no pet.)
  • In re Williams, 2007 Tex. App. LEXIS 3331, 2007 WL 1241517 (Tex. App. – Tyler 2007, orig. proceeding)
  • Reliance Nat’l Indem. Co. v. Advance’d Temporaries, Inc., 227 S.W.3d 46 (Tex. 2007)
  • Texas State Bank v. United States, 423 F.3d 1370 (Fed. Cir. 2005), cert. denied, 547 U.S. 1206 (2006)
  • Gore Oil Co. v. Roosth, 158 S.W.3d 596 (Tex. App - Eastland 2005, no pet.) 
  • Advance’d Temporaries, Inc. v. Reliance Surety Co., 165 S.W.3d 1 (Tex. App. – Corpus Christi 2004), aff’d sub nom., Reliance Nat’l Indem. Co. v. Advance’d Temporaries, Inc., 227 S.W.3d 46 (Tex. 2007)
  • T.F.W. Management, Inc. v. Westwood Shores Property Owners Ass'n, 162 S.W.3d 564 (Tex. App. - Houston [14th Dist] 2004, no pet.)
  • Bureaucracy Online, Inc. v. Schiller, 145 S.W.3d 826 (Tex. App. - Dallas 2004, no pet.)
  • Texas State Bank v. United States, 60 Fed.Cl. 815 (Fed.Cl., 2004) , aff’d, 423 F.3d 1370 (Fed. Cir. 2005).
  • Rorie v. Edwards, 48 Fed. Appx. 102, 2002 WL 31016457 (5th Cir. 2002)
  • Community Bank & Trust v. United States, - 54 Fed.Cl. 352 (Fed.Cl., 2002).
  • In re McCormick, 2002 Tex. App. LEXIS 6735, 2002 WL 31076557 (Tex.App.-Tyler, 2002, orig. proceeding).
  • Francis v. Sterling, 45 S.W.3d 194 (Tex.App.-Tyler 2001, no writ).
  • Martin’s Herend Imports, Inc. v. Diamond & Gem Trading United States of America Co.,195 F.3d 765, 52 U.S.P.Q.2d 1668 (5th Cir. 1999).
  • In re Fracmaster, Ltd., 237 B.R. 627 (Bankr. E.D. Tex. 1999).
  • In re Dickerson., 232 B.R. 894 (Bankr. E.D. Tex. 1999).
  • Security Bank of Whitesboro v. Hudgins, 1998 WL 34262016 (E.D.Tex., 1998).
  • In re Hudgins,188 B.R. 938 (Bankr. E.D. Tex. 1995) , aff’d, 1998 WL 34262016 (E.D.Tex., 1998).
  • Hogue v. United Olympic Life Ins. Co., 39 F.3d 98 (5th Cir. 1994), cert. denied, 515 U.S. 1103 (1995).
  • Ginsberg 1995 Real Estate Partnership v. Cadle Co., 39 F.3d 528 (5th Cir. 1994).
  • TMC Medical, Ltd. v. Lasaters French Quarter Partnership, 880 S.W.2d 789 (Tex.App.-Tyler, 1993, writ dism'd w.o.j.).
Education
  • Jacksonville High School, 1978.
  • Texas A&M University, B.B.A., Finance, 1982.
  • Southern Methodist University, J.D., 1985.
Professional Experience
  • Wilson, Sheehy, Knowles, Robertson & Cornelius, P.C.,
    1985-2005.
  • J.Bennet White, P.C.,
    2006 - Present.
Professional Activities & Affiliations
  • Bar Admissions: State Bar of Texas, 1985; U.S. District Court, Eastern District of Texas, 1986; U.S. Court of Appeals, Fifth Circuit, 1990; U.S. Court of Appeals, Federal Circuit; U.S. Court of Federal Claims, 2000; U.S. Supreme Court, 1995.
  • Bar Associations: Bar Association for the U.S. District Court, Eastern District of Texas; Bar Association for the U.S. District Bankruptcy Court, Eastern District of Texas; Smith County Bar Association (Director 2002-2004); Bar Association of Fifth Circuit Court of Appeals.
  • Panel Arbitrator, National Arbitration Forum
  • Texas Association of Bank Counsel.
  • Fellow, Texas Bar Foundation.
  • Smith County Young Lawyers Association, (President 1990-1991, Vice President 1989-1990).
Community Involvement & Personal Interests
  • Member, Green Acres Baptist Church.
  • Technology Committee, Tyler Area Chamber of Commerce.
  • Boys Scouts of America (Cubmaster; Scoutmaster; Eagle Scout).
  • Texas Rose Festival Association (Board of Directors).
  • Bonner-Whitaker-McClendon House (Board of Directors; Treasurer).
Bennett White

Practice Areas
Administrative
Banking
Bankruptcy
Business & Corporate Law
Collections
Construction Law
Employment Law
Intellectual Property Litigation
Litigation Management
Mediation & Arbitrtation
Outside General Counsel
Trial & Appellate

Contact
903.597.4300
903.597.4330 (Fax)
jbw@jbwlawfirm.com

Legal ASsistant
Twyla Fields, CP
Certified Paralegal
tfields@jbwlawfirm.com