Real Estate Personal Injury

WILLIAM LAWTON PRATT

ATTORNEY AT LAW

**** ******** 504-***-****

Galveston, Texas 77550 *****@******.***

Senior attorney with first chair litigation, bench and jury trial experience, currently in a first party insurance plaintiff’s practice, seeking an attorney position with a well- established litigation law firm or corporate legal department. PROFESSIONAL EXPERIENCE

LAW OFFICE OF WILLIAM LAWTON PRATT, New Orleans Louisiana (2015- Present) Attorney

Trial attorney with a jury trial and mediation calendar primarily handling personal injury, trucking, vehicle accidents and premises liability cases, some surgical in nature. General Civil practice includes business, real estate and litigation other than personal injury. Certified mediator by the Louisiana State Bar. THE HODGE LAW FIRM, Galveston, Texas (2021-Current) Managing Attorney. Grew the firm from 3 attorneys to 10 attorneys in a high volume first party property insurance plaintiff’s firm. Hurricane, wind, hail, fire and tornado claims. Multiple settlements with hurricane Ida claims via mediations. THE LAW OFFICES OF THOMAS J. HENRY, Corpus Christi Texas (2012-2015) Attorney

Trial attorney with a heavy jury trial and mediation calendar primarily handling personal injury, trucking, vehicle accidents and premises liability cases some surgical in nature. Trying approximately one jury trial per three months and performing multiple mediations per month. Extensive motion practice regarding case issues, such as Motions to Quash for insurance company claim files, Motions for Summary Judgment practice regarding exemplary damages and other evidentiary hearings. CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & MARTIN, LLC, Atlanta Georgia (2009-2010) Of Counsel

Of Counsel Attorney primarily specializing in developer versus lender disputes due to the financial and real estate collapse of 2008. Handled a heavy discovery, deposition and trial calendar in a busy ligation practice group within the firm. Practice focused on the defense of lender liability, the Uniform Fraudulent Transfer Act under Georgia law and FDIC changes in appraisal methodology. Debtor/Creditor litigation, real estate litigation, business disputes, Chapter 7 and 11. SELECT MANAGEMENT RESOURCES, LLC (LOANMAX), Alpharetta Georgia (2005-2008) In-House Counsel, in-house counsel with a legal department consisting of 5 attorneys for a consumer finance company with1,100 employees in 21 states. Managed compliance with various state and federal consumer finance laws and regulations, employment and employment litigation matters, Federal Truth in Lending Act and Fair Credit and Reporting Act compliance, borrower bankruptcy matters, leasing and real property acquisitions. Responsible for all collections matters and set up the bankruptcy and collection department. Performed regulatory compliance work under numerous state e-sign statutes in connection with the development of an internet lending product which resulted in a loan portfolio of $60 million within approximately one year after introduction. EVERITT, PRATT & LATHAM, LLC, New Orleans Louisiana (1988 - 2005) Founding Partner of Martindale Hubbell AV Rated Firm Broad civil practice focusing on civil litigation, complex litigation, class actions, bankruptcy, employment law, medical malpractice defense, insurance defense, real estate and plaintiff’s practice. Approximately 65% of cases handled were dedicated to a plaintiff and commercial litigation practice. Chapter 7 and 11 bankruptcy and workout practice. Handled and closed various commercial and residential real estate transactions. Represented clients in the purchase and/or sale of businesses. Title insurance agent for Commonwealth Title Insurance Company. QUE SERA, INC., New Orleans Louisiana (1985-1996)

President/Majority Shareholder

Restaurant and Bar with the infamous Wednesday 3 for 1 Happy Hour. Handled state and federal taxation, employment issues, contract and lease negotiations, banking, budgeting and all other business issues. Managed financial matters and cost containment. The company generated $ 1.6 million dollars in annual sales with over 40 employees. The company was sold in 1996.

OFFICE OF CUSTODIAN OF NOTARIAL RECORDS, STATE OF

LOUISIANA (1996-2004)

Custodian of Notarial Archives

Appointed by Louisiana Governor Mike Foster to the office of Custodian of Notarial Archives. Effectively managed state agency with over 30 employees and a $ 2 million-dollar annual budget to create a surplus of $1.6 million dollars at the end of the 8 year term (began the term with only a $9,000 surplus) while simultaneously expanding services. Agency oversaw the intake, preservation and scanning of all New Orleans real estate documents, mortgages, conveyances, UCC lien filings and other property recordings dating from the early 1700’s to present. As Custodian, all records from 1920 to the 1700’s were removed from the flood prone courthouse basement to the third story of 1340 Poydras St. and created the Notarial Archives Research Center. The agency was merged into the Orleans Parish Clerk of Courts purview post Katrina. EDUCATION

Tulane University, New Orleans, Louisiana B.A. History 1985 Tulane University, New Orleans, Louisiana Juris Doctor 1988 STATE BARS AND COURT ADMISSIONS

Louisiana 1988; Texas 1997; Georgia 2006; District of Columbia 2004; Admitted to, the Eastern District of Louisiana and Bankruptcy Court, Middle District of Louisiana, Western District of Louisiana, Northern District of Georgia and Bankruptcy Court, Middle District of Georgia, Southern District of Georgia, Northern District of Florida, Eastern District of Texas, Southern District of Texas, Northern District of Texas, Western District of Texas, Northern District of Illinois, Central District of Illinois, Fifth and Eleventh Circuit Courts of Appeal, United States Supreme Court PROFESSIONAL ORGANIZATIONS

State Bar of Georgia; Louisiana State Bar Association; State Bar of Texas; District of Columbia Bar Association; Fifth Circuit Court of Appeals Bar; formally member Louisiana Association of Defense Counsel; American Bar Association; formerly member of the ATLA.

ACCOMPLISHMENTS

AV rated in Martindale Hubbell (1995); Louisiana State Bar Examiner (1999-2005); Chairman, Orleans Parish Notary Examination Committee (1996-2004); Elected to the Orleans Parish Republican Committee (2004-2006); Served on the Orleans Parish New Courthouse Planning Committee (2001-2004); Testified several times before the Louisiana State Judiciary Committee to advance legislation to change various state notary laws and to change the financing rules for the Office of the Notarial Archives. REPORTED CASES

Griffin v. Home Depot, 168 F.R.D.187 (E.D.La.1996). Bergquist v. FYBX Corp., WL. 223849934 & WL. 22081368 (E.D. La. 2003); Affirmed, 108 F. Appx. 903 (5th Cir. 2004).

Gallagher v. Fiderion, 685 S.E.2d 387 (Ga. Ct. App., 2009). Mortgage Now v. Stone, 2009 WL. 838707, (N.D. Fla. 2009). Tindall v. H & S Homes L.L.C. 2010 WL 4814371 (M.D. Ga. 2010). John Paul Pratt M.D. v. Himel Marine, 823 So2d 394 (La. 1st Cir., 2002). Claborne v. Housing Authority of New Orleans, 116 So.3d 983 (La. 4th Cir. 2013). Claborne v. Housing Authority of New Orleans, 165 So.3d 268 (4th Cir. 2015). William Lawton Pratt

EXPERIENCE AND CASES OF NOTE:

In Re: Charlotte Foods, Counsel to debtor in possession Rally’s Hamburger franchisee in a Chapter 11 filing in which the indebtedness amount exceeded $ 3.5 million. After six months converted to a chapter 7 filing after interim financing failed and the work out with the creditors was unsuccessful. In Re: Galleria Partnership, Co-counsel to a minority partner in an office tower complex. Filed an involuntary bankruptcy proceeding on his behalf to prevent the lender from colluding with the majority partners to foreclose on the office tower in exchange for preferential treatment on the majority partners’ other real estate holdings. The majority partners owned numerous other properties mortgaged to the same lender and the lender gave more favorable terms to the majority partners on other properties in exchange for a voluntary in lieu of foreclosure agreement on the office tower complex. The indebtedness amount on the office tower was $42 million dollars. Obtained a favorable settlement for the client. Benator et al vs. The City of Atlanta Water Department et al, Served as member of plaintiffs committee in a class action against the City of Atlanta Water Department for citywide over billing of residential water customers. The city and its contractors failed to install proper retrofitted radio read meters, installed faulty software and billing systems. Consent Decree is now in place for appeals and disputes of billings and the City has agreed to halt aggressive pattern of disconnecting customers whose bills were disputed. The case was stayed while third party defendants appealed various rulings of the court. The case was settled under an agreed upon consent decree. Aurora Holdings vs. The City of Atlanta Water Department et al, Served as member of plaintiffs committee in a class action against the City of Atlanta Water Department for citywide over billing of commercial water customers. The city and its contractors failed to install proper retrofitted radio read meters, installed faulty software and billing systems. A consent Decree is now in place for appeals and disputes of billings and the City has agreed to halt the aggressive pattern of disconnecting customers whose bills were disputed. The city has refunded millions of dollars due to over billing of commercial customers. Tupler et al. vs. Delta Imaging LLC et al., Counsel to defendant Radiology Corporation in a membership control dispute over a limited liability company that owned P.E.T., MRI and CT scanning equipment and facilities. This litigation resulted in the filing of 14 various actions and 1 arbitration proceeding. All issues were ultimately submitted to mediation prior to trial, which resulted in the various businesses being partitioned between the litigants. The case was settled to the client’s satisfaction.

Tonti Realty vs. Tonti Properties, Counsel to plaintiff in a suit to enforce various vendors’ liens on apartment complexes and shopping centers resulting from the partition of a real estate partnership. The action also sought to rescind the sale of the various assets owned and exchanged between the splitting entities. Succeeded in enforcing the liens compelling defendant to convey property interests to plaintiff. Fastband v. Spanswick, Counsel to corporation in an adversarial proceeding against corporation’s former president. The former president moved from Louisiana to California and filed a Chapter 13 bankruptcy proceeding in order to elude Louisiana jurisdiction as well as avail himself with the “Super Fraud Discharge” provision of the Bankruptcy Code. Successfully obtained an order to transfer the case from California to Louisiana bankruptcy court and to convert the case from Chapter 13 to Chapter 7. The case is settled to the client’s satisfaction.

Apple vs. State of Louisiana, Defense counsel to the State of Louisiana Office of Financial Institutions in a mass tort claim brought by various plaintiffs who lost millions of dollars in fraudulent annuities and corporate notes, alleging failure of the Louisiana Department of Insurance and Office of Financial Institutions to properly regulate the company responsible for the issuance of the annuities and notes. Robert Woolley, State of Louisiana Insurance Commissioner vs. Health net Inc., Co-Defense Counsel to Louisiana State Insurance Regulators in a third-party action alleging that the State Department of Insurance failed to properly regulate an HMO sale to unqualified investors. Successfully obtained dismissal of State of Louisiana client on procedural grounds three weeks prior to trial. Health net was cast in judgment by a jury for $152 million dollars that was subsequently overturned on appeal but reinstated by the Louisiana Supreme Court. Bergquist vs. FYBX Inc., Defense counsel to a Regulation D corporation in an alleged legal malpractice and securities fraud action brought under various securities fraud statutes. Successfully obtained dismissal on summary judgment prior to trial based on the Private Securities Litigation Reform Act. Successfully argued against plaintiff in its appeal to United States Fifth Circuit Court of Appeals, which affirmed the summary judgment order in favor of the defendant corporation. State of Louisiana vs. Wiltel, WorldCom and Sprint, Co-defense counsel to Worldcom and MCI as successors to Wiltel in a class action proceeding brought against various telecom providers who placed fiber optic cable in railroad right of ways. Plaintiff adjoining landowners brought class action for trespass, failure to compensate for the placement of the cable without their approval and seeking damages that included a percentage of profits derived from the use of the cable on the right of way. Prior to trial, clients filed for bankruptcy protection. In Re: Dixie Produce and Packaging, Co-counsel to PACA produce trust clients in adversarial proceeding after major produce company filed a liquidating Chapter 11 case. Litigation ensued with secured creditors after the company filed its bankruptcy petition. Successfully settled for $2 million dollars resulting in the trust account clients receiving 90 cents on the dollar.

Calcote et al vs. Conoco et al., Co-counsel for nineteen plaintiff charter boat fishermen tied up next to a gas collection rig in the Gulf of Mexico. Rig workers were preparing the rig for a hurricane and pumped natural gas down a blow down line at the surface of the water next to the vessel. An ensuing explosion occurred injuring multiple parties. All parties settled for an approximate total of 4.8 million dollars. Griffin et al vs. Home Depot, Filed and served as co-class counsel in Federal action brought on behalf of female employees of Home Depot under Equal Pay Act and Title VII gender discrimination claims. The class consisted of female employees who worked in Home Depot’s Northeastern, Southeastern and Midwestern regions who were denied promotions, equal pay and stock options given to their male counterparts. The case was mediated in a companion California case and a global settlement was reached.

Self et al. vs. State Farm et al., Served as member of the plaintiffs’ committee for a class action against eleven insurance companies brought on behalf of over 60,000 members who received hailstorm damage to their homes alleging failure to properly adjust claims, improper depreciation and overhead and profit. After denial of class certification, won all 3 individual cases tried and under Louisiana law, successfully obtained Attorneys fees and costs based on bad faith in the tried cases. Lewis vs. Paulk Moving and Storage Inc., Counsel for moving company employees under the Fair Labor Standards Act in a claim for overtime and back wages. Action filed in federal court and successfully defeated summary judgment motion on claim that employees were truck drivers and therefore exempt from the FLSA. The case was settled prior to trial.

Claborne et al. vs. Housing Authority of New Orleans et al., Serving as member of the plaintiffs committee in a class action against the Housing Authority of New Orleans, alleging that the Authority failed to keep the housing projects mold free pursuant to HUD standards and the air quality to HUD standards. Class certification hearing was held in March 2007. The case was dismissed in its entirety, but the trial court judgment was vacated in whole. The trial court then granted plaintiffs certification motion. Case was tried and lost before a jury. The Louisiana Fourth Circuit Court of Appeals overturned the trial court. Defense took Writs to the Louisiana Supreme Court and were denied. A status conference to be held with the trial court to set trial flights on damages.

John Paul Pratt M.D. vs. Himel Marine et al., Counsel to plaintiff for an action to rescind the sale of a defective vessel and engines. The purchase price was

$103,405.00. Successfully tried and obtained a jury verdict for rescission, damages, interest from the date of sale and attorneys fees. Total verdict amount of approximately $435,000. Successfully argued before the Louisiana First Circuit Court of Appeals to uphold the verdict. The defendants' writ was denied by the Louisiana Supreme Court.

Tameka Parker v. Felcor Lodging Trust, successfully defended the Atlanta Galleria Sheraton Hotel in a suit based on premises liability. The case was removed from Cobb County State Court to the United States District Court for the Northern District of Georgia. A three year old child’s finger was amputated at the distal tip by a hotel door. Summary Judgment was granted to the client due to a finding of no liability or tortious act by the hotel or its employees. Gallagher v. Fiderion, Defended terminated executive in a trade secret and non- compete injunction case that had previously settled. Hired as new counsel four days before a contempt hearing on a motion to enforce the previously negotiated settlement agreement. The trial court held the client in criminal contempt for breaching the agreement and sentenced the client to two weekends in the Fulton County jail and assessed him with in excess of $72,000.00 in legal fees. Judgment was stayed pending appeal. Successfully appealed the decision and the entire judgment was vacated by the Georgia State Court of Appeals on procedural grounds. Golizio vs. Que Sera Inc., Counsel for defendant in a Fair Labor Standards Act claim for unpaid wages. Successfully defeated claim brought in federal court by a minority shareholder making claims for unpaid wages via motion for summary judgment. Dismissal was based upon plaintiff’s failure to meet the long test and short test pursuant to the act.

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