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Tom M. Dees, III

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Tom M. Dees, III

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Tom is an attorney who practices business litigation and provides general counsel.

Tom’s litigation practice involves a wide range of disputes in a variety of industries. Tom maintains an active docket aggressively pursuing and defending claims in many areas (including business disputes, torts, contracts, business divorces, real estate disputes, oil and gas disputes, inter-family disputes as well as trusts and estates) in arbitrations as well as state and federal courts. Tom has appeared in courts throughout Texas and beyond, including appearing pro hac vice in the trial courts of California, Colorado, New York and Idaho.

Tom also provides general counsel to businesses, families, and individuals who do not want to employ an attorney on a full-time basis. Tom renders trusted legal advice on a wide range of legal matters and coordinates the rendition of legal services in numerous fields to achieve clients’ goals with minimal disruption to their daily routine. Tom coordinates and regularly manages teams of lawyers handling corporate transactions, entity formation matters, general corporate matters, real estate transactions, contract negotiations, private equity investments, oil and gas negotiations, entertainment law matters, estate planning matters as well as in and out-of-state litigation among many others.

Before joining Hallett & Perrin in January 2010, Tom was a partner at Thomas & Dees, where he provided personal legal representation in litigation and transactional matters to successful Texas families and businesses.

Representative Experience

Representative Litigation Matters in Dallas

  • Frequently represent plaintiffs and defendants in cases involving claims for breach of contract, sworn account, and quantum meruit seeking actual damages, declaratory judgment, pre- and post-judgment interest, and attorneys’ fees
  • Frequently represent plaintiffs and defendants in cases involving business torts
  • Frequently represent plaintiffs and defendants in cases involving business divorces
  • Defended parties from contract and tort claims brought by publicly-traded company arising from commercial transaction
  • Defended parties from tort claims arising from commercial transaction
  • Participated in bill-of-review proceeding seeking to set aside default judgment in excess of $10 million dollars
  • Defended executor from allegations by United States Department of Justice relating to an Estate
  • Defended beneficiaries in federal court, obtaining dismissal with prejudice of tort claims regarding certain trusts
  • Represented regional bank against borrower seeking recovery of over $10 million in principal
  • Represented parties in federal court and obtained permanent injunction prohibiting additional claims, including upholding district court’s decision in Fifth Circuit Court of Appeals
  • Participated in defending against will contest in probate court
  • Represented founding member of advertising agency in business divorce
  • Represented trustee to obtain partition by sale of real and personal property
  • Defended commercial property owner against contract and equitable claims asserted by well-known provider of guest lodging facility services
  • Defended co-owner-operator of wells from accounting-related claims by co-owner
  • Obtained recovery of actual damages, and attorneys’ fees and costs, for plaintiff in contract litigation regarding consignment agreement
  • Represented holder of significant dishonored check against drawer, obtaining actual damages, and attorneys’ fees and costs, for plaintiff
  • Participated in representing estate of widow of celebrity entertainer Sammy Davis, Jr., obtaining permanent injunction prohibiting certain individuals and entities from, among other things, advertising, promoting, or holding-out to the public they are the owners or have rights to materials regarding Sammy Davis, Jr., or licensing, selling, assigning, or granting any rights in materials regarding Sammy Davis, Jr.
  • Represented trustee from accounting-related allegations by beneficiaries
  • Represented well-known author in contract disputes with service providers related to published book
  • Represented international law firm in contract dispute with former clients
  • Represented owner in litigation regarding sale of chemical company
  • Participated in representing defendants against Fair Labor Standards Act (FLSA) claims
  • Participated in representing well-known entrepreneur in litigation to recover Picasso painting in federal court
  • Defended officers of family office from claims by former legal counsel
  • Defended well-known consulting firm from copyright infringement claims
  • Defended co-owner and interim-operator of wells from accounting-related claims by co-owner
  • Defended oil and gas consulting firm in copyright dispute
  • Represented well-known artist, recovering applicable insurance policy limit in litigation regarding defective painting materials
  • Participated in representing well-known businessman against claims by former legal counsel, including legal proceedings in the intermediate court of appeals and the Texas Supreme Court
  • Participated in representing supply company pursuing and defending copyright claims
  • Participated in representing well-known Christian foundation, obtaining dismissal with prejudice of a multi-million dollar RICO claim
  • Negotiated favorable separation agreements for officers from publicly-traded company
  • Defended attorney in family court from claims asserted by former legal counsel, obtaining dismissal with prejudice of all claims
  • Represented co-owner of electronics company in business divorce
  • Represented co-owner of paper-goods supply company in business divorce, obtaining control of the business
  • Represented Preston Hollow resident in neighbor dispute
  • Represented medical providers in medical billing, coding, and collections dispute
  • Represented purchaser of an aircraft in sales contract dispute

Representative Litigation Matters Beyond Dallas

  • Defended parties obtaining dismissal with prejudice of all claims pursuant to Texas Citizens Participation Act, and award of sanctions and attorneys’ fees and costs, in Harris County, Texas
  • Participated in representing plaintiffs in In re BP plc Securities Litigation in the Southern District of Texas regarding claims pertaining to the value of securities
  • Participated in representing owner of commercial medical property against construction contractor in contract dispute in Louisiana
  • Participated in representing investors against international investment bank providing security brokerage services in dispute related to interests in investment fund in Delaware Chancery Court
  • Represented oilfield services provider against contract and tort claims regarding drilling operations in Harris County, Texas
  • Participated in, and coordinated, representing celebrity chef in litigation over defective restaurant furniture in California
  • Participated in, and coordinated, representing plaintiff pursuing contract claims in U.S. District Court and in Bankruptcy Court in Idaho
  • Participated in representing clients in arbitration regarding remodeling costs and HOA disputes in Colorado
  • Participated in representing oil company in concursus proceeding in Louisiana
  • Participated in representing beneficiaries of certain trusts against the trustee regarding breach of fiduciary and accounting-related claims in Florida
  • Participated in representing oil company in litigation regarding the validity and enforceability of leases pertaining to working interests and overriding royalty interests, and related tort claims, in North Dakota
  • Participated in representing fund managers in litigation in District Courts in the Southern District of New York and in Dallas County, Texas regarding value of their equity and separation from well-known investment fund
  • Pursued and defended claims regarding commercial property in the In re Winter Storm Uri Litigation multi-district litigation (MDL) in Harris County, Texas
  • Obtained recovery of actual damages, and attorneys’ fees and costs, for plaintiff in oil and gas contract litigation in Midland County, Texas
  • Obtained recovery of actual damages, and attorneys’ fees and costs, for plaintiff in oil and gas contract litigation in Tarrant County, Texas
  • Defended contract and lien claims against commercial property owner in Tarrant County, Texas
  • Defended negligence, contribution, and indemnity claims against commercial property owner in Tarrant County, Texas
  • Obtained recovery of actual damages, and attorneys’ fees and costs, for plaintiff in oil and gas contract litigation in Potter County, Texas

Representative Corporate / Non-Litigation Matters

  • Frequently provide, and coordinate the rendition of, general counsel services to corporate and individual clients. Such matters have included issues related to employment agreements, severance agreements, indemnification agreements, customer agreements, service agreements, lease negotiations, and matters regarding hiring and terminating employees
  • Frequently participate in, and coordinate, representing clients forming business entities and negotiating business transactions, including acquisitions, sales, and investments
  • Participate in, and coordinate, preparing estate planning documents, including wills, trust agreements, Statutory Durable Powers of Attorney, HIPAA Authorization Forms, Medical Powers of Attorney, and Advance Directives to Physicians
  • Participate in providing general counsel services to well-known cheerleading supply company
  • Participated in, and coordinated, the formation and governance of private investment funds
  • Provided outside general counsel to computer services company
  • Participated in representing trustee regarding the sale of certain trust assets
  • Participated in, and coordinated, representing co-owner in sale of clean energy company to publicly-traded energy company
  • Participated in, and coordinated, representing co-founder in sale of electronics company to co-owner
  • Participated in, and coordinated, representation regarding forming concierge medicine advisory services business
  • Participated in, and coordinated, representation regarding restructuring of limited partnership for private investments
  • Participated in, and coordinated, representation regarding forming interior design firm
  • Participated in, and coordinated, representation regarding forming consulting firm
  • Participated in, and coordinated, representation regarding forming numerous single-purpose entities for investments and real estate holdings
  • Participated in, and coordinated, representing co-owner forming custom home-building company in Austin, Texas
  • Participated in, and coordinated, representation regarding forming design firm
  • Participated in, and coordinated, providing general counsel services to entrepreneurial doctor
  • Participated in, and coordinated, representing owner making a feature film

Reported Cases

  • Hill v. Washburne, 953 F.3d 296 (5th Cir. 2020)
  • Hill v. Shamoun & Norman, LLP, 544 S.W.3d 724 (Tex. 2018)
  • Shamoun & Norman, LLP v. Hill, 483 S.W.3d 767 (Tex. App.—Dallas 2016), aff’d in part, rev’d in part, 544 S.W.3d 724 (Tex. 2018)
  • Hill v. Schilling, 593 Fed. App. 330 (5th Cir. 2014)
  • Hill v. Schilling, 578 Fed. App. 456 (5th Cir. 2014)
  • Hill v. Schilling, 570 U.S. 918 (2013) (cert. denied)
  • Hill v. Schilling, 495 Fed. Appx. 480 (5th Cir. 2012)
  • Lewis v. Foxworth, 170 S.W.3d 900 (Tex. App.—Dallas 2005, no pet.)

Unpublished Cases

  • Hill v. Schilling, No. 23-10111, 2024 WL 380768 (5th Cir. 2024)
  • In re Hill, No. 05-19-00394-CV, 2019 WL 6522188 (Tex. App.—Dallas Dec. 4, 2019, no pet.)
  • Hill v. Schilling, No. 3:07-CV-02020, 2018 WL 6436397 (N.D. Tex. Dec. 7, 2018), revised and superseded by, 953 F.3d 296 (5th Cir. 2020)
  • Capital One, N.A. v. 418 Southlake, Ltd., No. H-12-0792, 2013 WL 12188583 (S.D. Tex. March 11, 2013)
  • The Estate of Davis v. Laroda, No. 3:08-CV-0008-P, 2011 WL 1627000 (N.D. Tex. April 27, 2011)
  • In re Estate of Hunt, No. 05-09-00892-CV, 2011 WL 3211358 (Tex. App.—Dallas July 29, 2011, no pet.)
  • In re Estate of Hunt, No. 05-09-01105-CV, 2011 WL 3211359 (Tex. App.—Dallas July 29, 2011, orig. proceeding)
  • In re Hill, No. 05-10-00463-CV, 2010 WL 1633716 (Tex. App.—Dallas April 23, 2010, orig. proceeding)
  • In re Hill, No. 05-10-00447-CV, 2010 WL 1582234 (Tex. App. —Dallas April 21, 2010, orig. proceeding)
  • In re Shamoun & Norman, LLP, No. 05-08-00978-CV, 2008 WL 3824008 (Tex. App.—Dallas Aug. 12, 2008, orig. proceeding)
  • Hill v. Hunt, No. 3:07-CV-02020-O, 2008 WL 4108120 (N.D. Tex. Sept. 04, 2008)
  • DTC Telecom, LLC v. ISP Techs., Inc., No. 3:02-CV-1329, 2002 WL 31553932 (N.D. Tex. 2002)

Distinctions & Certifications

  • AV Preeminent Rating by Martindale Hubbell
  • Selected for inclusion in Texas Super Lawyers by Thomson Reuters, 2020-Present
  • Selected for inclusion in Texas Super Lawyers - Rising Stars by Thomson Reuters, 2005-2006, 2011-2013

Professional Activities

  • Texas Bar Foundation - Life Fellow
  • Texas Bar Foundation - Fellows Nominating Committee for District 6 (Dallas County) 2012, 2019
  • Dallas Bar Foundation - Life Fellow
  • State Bar of Texas
  • Dallas Bar Association - Business Litigation Section; Council for the Business Litigation Section (2023)
  • Dallas Bar Association - Judiciary Committee (2015)
  • American Bar Association - Litigation Section
  • Federal Bar Association
  • Bar Association of the Fifth Federal Circuit (BAFFC)
  • Scribes: The American Society of Legal Writers
  • William “Mac” Taylor American Inn of Court, 2000-2001

Publications & Speeches

​Authored:

  • Juries: On the Verge of Extinction? A Discussion of Jury Reform, 54 SMU L. REV. 1755, 2001
  • Comment, They Are Trying to Take My License Away - What Do I Do Now? A Practitioner’s Guide to Certificate Revocation & Suspension Defense Litigation, 66 J. AIR L. & COM. 261, 2000
  • A Legacy of Elegance: Centennial History of the Terpsichorean Club, 1998

Acknowledged in:

  • John B. Attanasio, Foreward, Juries Rule, 54 SMU L. REV. 1681, 1688, 2001
  • William V. Dorsaneo, III, Reexamining the Right to Trial by Jury, 54 SMU L. REV. 1695, 2001
  • William V. Dorsaneo, III, Revision and Recodification of the Texas Rules of Civil Procedure Concerning the Jury Charge, 41 S. TEX. L. REV. 675, 2000
  • William V. Dorsaneo, III, 1999 Roy Ray Lecture March 30, 1999: Opening Comment to the March 1999 Roy R. Ray Lecture “Judicial Independence and Democratic Accountability in Highest State Courts,” 53 SMU L. REV 255, 2000
  • Frederick S. Adams, John J. Ezell, the Honorable William Harris, the Honorable Richard Johnson, the Honorable Dean Rucker, and John C. Turner, Enforcement of Direct and Indirect Acts of Contempt, 25th Annual Advanced Family Law Course, State Bar of Texas, Dallas, Texas, August 1999

Community Involvement

  • Austin Street Center – Host Committee for 21st Annual Humble Beginnings Luncheon (2021)
  • Dallas Arboretum and Botanical Garden; Corporate Advisory Committee (2021 & 2022)
  • Dallas Historical Society – Host Committee for 39th Annual Awards for Excellence Luncheon (2021)​
  • Friends of Dallas Public Library - Board of Directors, 2011-2017
  • St. Michael and All Angels Episcopal Church
  • Dallas Museum of Art
  • Eagle Scout; Bronze, Gold, and Silver Palms; Order of the Arrow; God & Country Award
  • Circle Ten Council, Boy Scouts of America; Executive Board (2021-present)
  • National Outstanding Eagle Scout
  • The Murrell Foundation - Board of Directors, 2014-present
  • Chi Psi Fraternity - President, 1995-1996

“Tom provided Inteliquent with sage counsel and exceptional client service in connection with a litigation matter in Texas. We would jump at the chance to work with him again.”

— John Harrington, General Counsel, Inteliquent (NASDAQ: IQNT)

“I own a custom home building company, and Tom Dees has been with me from the beginning. He has been a very valuable resource to our company. I highly recommend him and Hallett & Perrin, P.C. for your representation too.”

— Eric Olson, President of OD Custom Homes