Cecilia H. Morgan, Esq.

T: 214-744-5267
F: 214-720-6010

Locations

Available nationwide
Banking

Cecilia H. Morgan, with over 38 years of experience as an attorney and ADR professional, has in-depth experience in the many facets of banking matters.

Representative Matters

  • Mediated an action in federal courts by a national home shopping network against a national bank, a clearinghouse, two insurance companies and other responsible third parties. The case involved claims in three different jurisdictions and required interpretation of the credit card Processing Service Agreement and Rules of the National Automated Clearing House Association (NACHA).
  • Mediated case between bank and title company. The bank sued on its mortgagee’s title policy after foreclosure on a $500,000 mini mansion when the original deed of trust was not filed in the county records. The settlement also required the homeowner’s bankruptcy trustee’s approval. The bank’s causes of action were breach of fiduciary duty, breach of contract, and negligence.
  • Mediated case between international trucking concern and bank; trucker company claimed DTPA, breach of contract, conversion, negligent misrepresentation, fraud, and promissory estoppel. The bank defended based on the language of Tex. Bus. & Comm. Code Section 4.406.
  • Mediated a case between a bank and the co-guarantor of a line of credit pursuant to a mortgage servicing agreement over “junk mortgages” on sub-standard housing in the Midwest. The co-guarantor was in Chapter 7 and the defendant co-guarantor defended based on fraud in the inducement.
  • Mediated case between bank trust department and 27 beneficiaries of a trust when the corpus consisted of oil, gas, and lumber interests on 15,000 acres in Colorado.
  • Mediated numerous cases from state, federal, and bankruptcy courts involving the Resolution Trust Corporation, lender liability after the major Texas banks failed.
  • Mediated numerous cases between financial institutions and their employees over Title 7 and FLSA matters.
  • Arbitrated numerous collection cases between financial institutions and debtors over millions of dollars 
  • Arbitrated multi-million dollar foreclosure dispute between bank and real estate developer of country club properties 
  • Litigated for over 17 years, including the following two significant cases: 
    • 1988-1989, Tripp Village Joint Venture v. MBank Lincoln Center, N.A. - Action to enforce loan agreement in face of parole evidence. Reported Opinion 774 S.W.2d 746 (Tex.App.-Dallas, 1989) writ denied. (Co-Counsel and primary author of briefs for Bank) 
    • 1979-1983, Bank of Texas, et al. vs. John Childs, et al. - Action to restrain collection of bank stock ad valorem taxes for 52 banks in Dallas County. Reported opinions: (1) 615 S.W.2d 810 (Tex.Civ.App.-Dallas, 1981) writ ref'd. n.r.e. (Co-Counsel and primary author of briefs for Banks); (2) 634 S.W.2d (Tex.Civ.App.-Dallas, 1982) (primary author of all briefs) American Bank and Trust Co. vs. Dallas County, 463 U.S. 855 (1983). Trials, briefs, and appearances in district courts, state court of appeals, Texas Supreme Court, and United States Supreme Court (Co-Counsel for Banks).

Honors, Memberships, and Professional Activities

  • Credentialed Distinguished Mediator, Texas Mediator Credentialing Assoc. (2004-2015); Texas Mediator Credentialing Assoc. Board (2010-2012)
  • Life Fellow, Texas Bar Foundation (1992 - present); Life Patron Fellow, Dallas Bar Assoc. Foundation (member, 1991-present)
  • Fellow (2012-present), 5th Circuit Credentials Committee member (2016), College of Labor & Employment Lawyers
  • Member, American Bar Assoc., State Bar of Texas, Dallas Bar Assoc., and Plano Bar Assoc.
  • Member (1991-present), 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 (2014-2016)
  • Member, Dallas Bar Association Energy Law Section (2014-2016)
  • Adjunct Professor, Texas Tech University School of Law (Spring, 2013; Spring, 2014; Spring 2015; Spring 2016)
  • Martindale-Hubbell AV 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
  • 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 five continents and is culturally sensitive to many different customs and religions

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

August 16, 2017
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November 9, 2015
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September 2, 2014
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October 28, 2013
August 15, 2013
April 22, 2013
December 13, 2012
October 8, 2012
November 8, 2011
November 18, 2010
June 11, 2010
October 18, 2017
Webinar
May 2, 2017
Webinar
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