Patrick McManemin, Esq., comes to JAMS with over 45 years of experience representing clients in jury and bench trials as well as mediations and arbitrations. He has extensive experience in reorganizations and workouts of troubled and distressed companies in industries such as investment banking, financial services, insurance, real estate (including affordable housing and tax credit projects), banking, structured finance, securities and energy. His litigation practice included trying cases to verdict as both plaintiff and defendant, including commercial lending disputes, partnership disputes, fraudulent transfer, real property foreclosure, breach of fiduciary duty, breach of contract, CMBS servicing disputes, corporate shareholders rights and director and officer disputes, among others. Mr. McManemin also has led trial teams in bankruptcy litigation, including adversary proceedings and core proceedings such as confirmation hearings.

Mr. McManemin has appeared as lead counsel in state and federal courts throughout the country, including in Texas, Colorado, California, Georgia, Oklahoma, Montana and New York, and has represented clients in litigation, mediations and arbitrations throughout North and South America, Asia and the Middle East. Mr. McManemin is a frequent speaker at various industry functions, was a former member of the national board of editors of the Lender Liability Newsletter and Commercial Liability Newsletter, and was one of the first board-certified civil trial lawyers in Texas.

ADR Experience and Qualifications

In his extensive litigation experience, Mr. McManemin often advised senior management and board members of Fortune 500 companies on strategic options to avoid or resolve significant disputes in advance of litigation. He has served as a party advocate or counsel in hundreds of settlement proceedings, mediations and arbitrations. Mr. McManemin is an ardent believer in the ADR process, and he brings that mindset to JAMS.

Representative Matters

• Accounting Finance
• Represented defendant in accounting malpractice claims post-verdict
• Represented plaintiffs and defendants in numerous professional engineering and design disputes
• Administrative Law
• Numerous disputes, representing respondents, arising out of administrative proceedings, including the Texas Railroad Commission, the Texas Insurance Board and the Texas Commission on Environmental Quality
• Banking
• Represented plaintiffs and defendants in numerous commercial lending disputes arising out of lender liability claims
• Represented defendants in commercial lending disputes arising out of structured finance, account receivable and factoring programs
• Construction lending disputes representing lenders, owners, architects and contractors
• Bankruptcy
• Bankruptcy adversary and core proceeding disputes, including accounting malpractice, fee disputes, breach of duty, breach of contract, debt, and control and governance claims
• Construction disputes arising out of insolvency and/or bankruptcy proceedings filed by both owners and general contractors
• Construction/Construction Defect/Engineering
• Represented plaintiffs and defendants in numerous disputes involving commercial and residential construction defect and design proceedings
• Disputes arising out of insolvency and or bankruptcy proceedings filed by both owners and general contractors
• Corporate Governance
• Numerous cases representing plaintiffs and defendants involving breach of fiduciary duty and corporate and partnership governance issues
• Represented plaintiffs and receivers in Delaware corporate shareholder disputes and receivership proceedings arising out of breach of fiduciary duty and governance claims
• Represented plaintiffs and defendants in partnership termination and governance disputes in various industries, including energy, real estate, banking, insurance and health care
• Employment Law
• Numerous employment disputes, including representation of both employer and employee in breach of fiduciary duty, compensation disputes and enforcement of covenants not to compete
• Energy & Utilities
• Represented plaintiffs and defendants in partnership governance and ownership dispute regarding ownership and control of surface water rights, minerals rights and natural gas transportation system
• ORRI and royalty payment disputes in all aspects of industry, representing plaintiffs and defendants
• Represented defendants in personal injury claims arising out of injuries on working oil rig
• Represented defendants in wrongful death claim arising out of explosion in natural gas pipeline system
• Environmental
• Represented plaintiffs and defendants in numerous natural gas pipeline transportation system disputes regarding surface and subsurface rights for construction of natural gas transportation systems
• Estates/Probate/Trusts
• Breach of fiduciary duty and estate governance disputes, including improper management and operation of family businesses, duties and breach of fiduciary duties among heirs, and related trust interpretation and governance issues
• Representation of institutional executors and related parties in estate-related proceedings
• Insurance
• Resolution of plaintiffs and defendants in resolution of disputes arising out of agency and production claims in both life and health insurance
• Real Estate
• Represented plaintiffs and defendants in a wide range of real estate disputes, including:
  • Commercial landlord-tenant disputes in major commercial developments and office complexes, including interpretation of lease terms and rights to cease operation
  • Real estate development and construction disputes, including construction defect, zoning issues, construction lending issues and interpretation of construction loan documents and AIA contract provisions
  • Numerous CMBS-related disputes, including servicing issues (both special servicing and servicing), foreclosure and ownership disputes
  • GNMA servicing and investment pool disputes, including rights to remove loans from pool without prepayment penalty
• Surety
• Represented defendants in a resolution of disputes arising out of construction surety bonds and performance
• Represented defendants in a resolution of arising out of sale and guaranty of syndicated investor notes in real estate and energy industries
• Telecommunications
• Represented plaintiffs and defendants in resolution of disputes arising out of ownership and control of cable systems

Honors, Memberships, and Professional Activities

Memberships and Affiliations

• Member, State Bar of Texas
• Member, New York State Bar Association
• Member, Dallas Bar Association

Selected Awards and Honors

• Top Rated Litigators, The American Lawyer, 2021
• Texas Super Lawyers, Business Litigation, Thomson Reuters, 2016–2018

Selected Publications

• Editor, Lender Liability Newsletter and Commercial Liability Newsletter, 2005–2015

Background and Education

• Thompson & Knight LLP, 2014–2021
• Patton Boggs LLP, 2005–2014
  • Co-Chair, Commercial Litigation Practice
• McManemin & Smith, 1989–2005
• American Residential Properties, 1984–1988
• Winstead, McGuire, Sechrest & Trimble, 1978–1983
• J.D., SMU Dedman School of Law, 1977
• B.B.A., Southern Methodist University, 1974

Admissions

• New York
• Texas
• Supreme Court of the United States