Texas Bar Card #10199300

Cecilia H. Morgan, Esq. is adept at reconciling the irreconcilable, a master of delivery of unfortunate facts and a highly sought after neutral. Her mediation cases are often complex, hotly contested, multi-party matters pending in multiple courts. Known for her follow-up and closure, she understands the unspoken; one client describes her as a “tireless worker who intuitively knows when and how to apply pressure to obtain the deal.” Several counsel have called her their “go to” mediator for complex cases. She is often court-appointed to remediate cases where early mediations by party-selected mediators failed.

ADR Experience and Qualifications

Ms. Morgan has conducted more than 3,000 mediation sessions and arbitrated over 1,000 civil cases throughout Texas and 31 other states, many under JAMS, AAA, and ICDR rules.

Representative Matters

• Accounting Finance
• Mediated and arbitrated cases involving GAAP and EBITDA computations and impact on businesses and banking
• Agribusiness & Food Law
• Arbitrated over 400 black farmer disputes with the USDA; long-term experience in Texas agriculture and oil and gas disputes; mediated cases involving Texas agriculture and oil and gas
• Appellate
• Mediated settlements of court appointments from Texas Appellate Courts and Federal Fifth Circuit Court of Appeals (New Orleans)
• Banking
• Mediated settlements in a wide variety of bank-related cases with understanding of the nuances of Texas bank laws regarding service, unique discovery and limitations on bank and bank official liability in garnishments, loan defaults, foreclosures, usury claims, etc. plus federal claims under the Fair Debt Collections Practices Act (FDCPA), truth in lending (Regulation Z)
• Bankruptcy
• Mediated settlements of claims dispute and Chapter 11 global agreements.
• Business Commercial
• Mediated resolutions of business divorces, anti-trust, breach of contract, collections, contract, M&A, partnerships/joint ventures, ad valorem taxes and franchisor/franchisee; disputes with small business administration policies
• Civil Rights
• Mediated settlements of numerous Section 1983 claims from all four federal (Texas) districts
• Class Action & Mass Tort
• Mediated over 100 Fair Labor Standard Act collective actions; arbitrated over 125 Dalkon Shield cases; arbitrated and mediated over 200 asbestos and silicosis cases; arbitrated over 400 Black Farmers cases; and facilitated over 500 plaintiffs’ breast implant cases
• Construction Defect
1. Mediated construction defect, architecture/engineering malpractice, delay damages litigation and mechanic’s lien conflicts
• Consumer Litigation & Texas Deceptive Trade Practices Act (DTPA)
• Mediated numerous lawsuits to settlement under the DTPA and Texas Insurance Code including  Texas state agencies over influencer litigation
• COVID
• Post-COVID, mediated cases involving religious exemptions and religious accommodations from both private corporations and government entities
• Employment Law
• Mediated resolutions of numerous ADA/ADAAA, ADEA; non-competes/trade secrets; tortious interference; preliminary injunctions, temporary restraining orders and temporary injunctions; Title VII (discrimination, age, gender, sexual orientation and religious discrimination, retaliation, hostile work environment, unfair labor practices); whistle-blower claims (including Sarbanes Oxley and Sabine Pilot); COBRA; FLSA; multiple States Wage and Hour and Pay Day Act; FMLA/USERRA; pregnancy discrimination and PUMP Act; sexual harassment; contractual wrongful termination/severance; reductions in force/WARN; independent contractor status; negligent hiring; and non-subscriber/worker’s compensation claims.

• Mediated numerous disputes involving non-profit organizations with executive/employee terminations and other matters

• Regularly mediates pre-suit sexual harassment claims requiring strict confidentiality of all parties
• Energy & Utilities
• Mediated and arbitrated cases involving joint operating agreements, post-production costs and multi-generational family disputes; mediated mineral/water interests in Texas, Arkansas, Louisiana, Oklahoma, Colorado, New Mexico, West Virginia, Pennsylvania and California
• ERISA
• Mediated fiduciary fee cases, validity of arbitration provisions, conflicts between insurance companies and fiduciaries, No Surprises Act matters, and mental health care claims and disability claims
• Estate Probate Trusts
• Mediated contested probate, estates and multi-generational family agreements and disputes involving oil and gas, water, Indian lands, mining interests, farming interest and farming equipment in Texas, Oklahoma, Colorado, New Mexico and Louisiana
• Federal Law
• Mediated numerous federal statute matters from all four federal districts in Texas and appointed as a special master
• Financial Markets
• Mediated investor/broker dealer disputes, termination of brokers by houses (U-5), FINRA approved mediator
• Arbitrated securities dispute under Delaware law
• Franchise Distribution Law
• Mediated and arbitrated disputes between franchisors, franchisees and state and public agencies
• Governmental & Public Agency
• Mediated numerous cases with the Texas Department of Transportation and municipalities over eminent domain
• Health Care
• Mediated cases involving medical practice, managed care, Stark III, PPOs, HMOs, health systems, home health care agencies, clawback actions between physicians, health care systems and insurance carriers, PPACA, business transactions, contracts for physicians, nurse practitioners and other medical staff; AHLA Peer Review Officer Training
• Arbitrated numerous cases involving CPT codes and payment disputes between hospital systems, doctors and insurance carriers
• Higher Education & Title IX
• Mediated cases regarding tenure, Title IX and harassment
• Hospitality
• Mediated disputed matters with hotels and large retail establishments over ownership interests and trade disputes
• Insurance
• Mediated coverage and Stowers actions
• Arbitrated over 200 insurance claims where the opposing parties were represented by the same insurance carrier (double-insured); arbitrated over 100 property claims involving hail damage, water encroachment flood damage, wind and other weather-related damages, environmental damages and disputes over appraisals
• Intellectual Property
• Mediated computer high-tech disputes, copyright, trademark and patent matters
• Life Sciences
• Mediated matters concerning life decision authority with doctors, family members and significant others
• Personal Injury
• Mediated auto, worker's compensation claims, medical/legal malpractice, subrogation and insurance coverage, wrongful death, multi-party serious injury, silicosis and asbestos, architectural and engineering malpractice, insurance bad faith, product liability, uninsured and underinsured motorist and premises liability
• arbitrated numerous non-subscriber cases and serious personal injury/wrongful death cases
• Pharmaceuticals & Mass Torts
• Facilitated over 500 plaintiffs’ breast implant cases, arbitrated over 125 Dalkon Shield cases
• Professional Liability
• Mediated legal, architectural and engineering cases
• Real Property
• Mediated cases involving condemnation, eminent domain, foreclosure, ad valorem taxation, homeowner association, purchase/sales, mold, environmental and underground storage
• Religious Entity Disputes
• Ecclesiastical decisions/church splits and disaffiliation, asset real estate disputes, COVID religious exemptions, Title IX claims, sexual harassment/Title VII, ministerial exceptions, wrongful termination, defamation and tortious interference, conciliation services, (Peacemaker Ministries training), Religious Freedom Restoration Act (RFRA)
• Special Master Discovery Referee
• Appointed by U.S. District Court, Northern District of Texas, to serve as Discovery Special Master in a zealously litigated and stormily disputed matter involving federal claims of false advertising, unfair competition, state law claims for defamation, business disparagement, tortious interference, common law unfair competition, civil conspiracy as well as counterclaims for defamation, business disparagement, tortious interference and intentional infliction of emotional distress; utilized court-outlined duties and authorities to resolve all discovery disputes, reset discovery deadlines as necessary, engaged in party conferences, appeared at depositions, discussed resolution including mediation of a resolution or settlement; subsequently mediated entire case to settlement of all claims
• Training & Teaching
• Adjunct professor for Texas Tech University School of Law; frequent speaker for numerous 40-hour course programs; lecturer at Pepperdine University, Texas Tech University, Texas A&M University and Southern Methodist University Law Schools in the last five years

Honors, Memberships, and Professional Activities

• Member, Roster of Mediators, American Health Law Association (AHLA), 2021-2024
• D Magazine Best Lawyer, Alternative Dispute Resolution / Mediation Category, Best Lawyers in Dallas, D Magazine, 2013-2018, 2020, 2023, 2024
• Repeat Guest Lecturer, “Why Ethics in Negotiations Count,” Southern Methodist University, Dedman School of Law, Oil & Gas Contracts Class, February 2019; February 2020
• Guest Lecturer, “Mediation Through the Mediator’s Eyes”, Southern Methodist University, Dedman School of Law, ADR Class, September, 2023
• Panel member for “ADR & Social Entrepreneurship”, Pepperdine University School of Law, April, 2024
• Steve Brutsché Award, Association of Attorney-Mediators, 2019
• Best Lawyer, Arbitration and/or Mediation Category, Best Lawyers in America, 2008-2024
• Lawyer of the Year for Mediation in Dallas/Fort Worth, Arbitration and Mediation Category, Best Lawyers in America, 2018
• Lawyer of the Year for Arbitration in Dallas/Fort Worth, Arbitration and Mediation Category, Best Lawyers in America, 2017
• Lawyer of the Year for Mediation in Dallas, Mediation Category, Best Lawyers in America, 2012
• Super Lawyer, Texas Super Lawyers by Thompson Reuters, 2012-2019
• Recipient of the Texas Tech University School of Law 2014 Herschel L. Barnes Ambassador Award
• Justice Frank G. Evans Award for Outstanding Contribution to Texas ADR, State Bar of Texas ADR Section, 2010
• Credentialed Distinguished Mediator, Texas Mediator Credentialing Assoc. (2004-2024); Texas Mediator Credentialing Assoc. Board (2010-2012)
• Fellow, American Bar Foundation (2018-2024); Life Fellow, Texas Bar Foundation (1992-2024); Life Patron Fellow, Dallas Bar Assoc. Foundation (member, 1991-2024)
• Fellow (2012-2024), 5th Circuit Credentials Committee member (2016 to 2021), College of Labor & Employment Lawyers
• Member, American Bar Assoc., State Bar of Texas, Dallas Bar Assoc., and Plano Bar Assoc.
• Admitted to practice in the United States Supreme Court, the United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas and the United States Courts of Appeal, Fifth Circuit
• Member (1991-2024), Immediate Past Chair (2008-2009), Chair (2007-2008), Chair Elect (2006-2007), Treasurer (2004-2006) and Council Member (2003-2009), State Bar of Texas ADR Section
• State Bar of Texas ADR Section Representative to Texas Mediator Credentialing Assoc. (2009-2012)
• Council Member (2005-2012), Vice Chair (2010), Chairman (2011), Immediate Past Chair (2012), Dallas Bar Assoc. Labor and Employment Law Section
• Member, State Bar of Texas Oil, Gas & Energy Resources Section (2014-2024)
• Member, Dallas Bar Association’s Alternative Dispute Resolution Section, Antitrust and Business Litigation Section, Construction Law Section, Health Law Section, Labor and Employment Law Section, Litigation Section, Oil, Gas, and Energy Resources Law Section
• Member, JAMS Foundation Board (2017-2024)
• American Health Lawyers Association ADR Dispute Resolver (2007-2024)
• Member, Center for American and International Law’s Institute for Energy Law (2014-2019)
• Adjunct Professor, Texas Tech University School of Law (Spring, 2013-2017)
• Member, Local Organizing Committee for the Global Pound Conference Series, Austin, Texas (January, 2017)
• Member, Chartered Institute of Arbitrators, Introduction to International Arbitration (2012)
• Recipient of the Abilene Christian University 1997 Distinguished Alumni Gutenberg Professional Achievement Award
• Martindale-Hubbell AV Preeminent rated since 1988

Background and Education

• A former commercial litigator, Ms. Morgan has tried and argued cases from the trial courts to the Texas Supreme Court, the 5th Circuit, and the U.S. Supreme Court
• Partner, Chantilis & Morgan, 1983-1987
• Of Counsel, Coffee, Coffee & Sharp, 1988-1994
• Panelist, JAMS, 1994-2024
• Director of Professional Services, Texas, JAMS/Endispute, 1996-1999
• Board Member, JAMS Foundation, 2017-2024
• Completion of all Texas statutory requirements to act as mediator in all types of cases, i.e., forty classroom hours of training in dispute resolution techniques and twenty-four hours of training in the fields of family dynamics, child development, and family law including a minimum of four hours of family violence dynamics training (2018)
• Negotiation, mediation, and advanced mediation courses, Straus Institute for Dispute Resolution at Pepperdine University School of Law, 1991-2010
• Mediation and negotiation courses, Harvard Law School, 1992
• Chartered Institute of Arbitrators, Introduction to International Arbitration, 2012
• College of the State Bar of Texas
• J.D., Texas Tech University School of Law
• Phi Delta Phi
• National Order of Barristers
• B.A., (Mass Communications), Abilene Christian University
• Extensive travel with two trips around the world including one in 2013 covering ten countries in 73 days; has traveled six continents and is culturally sensitive to many different customs and religions