Attorney Profiles

Experience

Mr. McCorquodale represents clients in lawsuits involving issues ranging from insurance coverage to lawyers' professional liability, accounting malpractice, fiduciary liability under ERISA, securities fraud, directors' and officers' liability, claims under the Texas Deceptive Trade Practices Act, and franchisor/franchisee litigation. He has represented businesses and other defendants confronted with class action lawsuits. He represents clients in state and federal courts throughout Texas, and has appeared on a pro hac vice basis before courts in Alabama, Iowa, Massachusetts, Mississippi, New Mexico, New York and Washington. Sample engagements:

Representation of Businesses

Product Liability. Representation of truck service body manufacturer in indemnity claim under Chapter 82 of the Texas Civil Practice and Remedies Code. General Motors Corp. and Rawson-Koenig, Inc. v. Hudiburg Chevrolet, Inc., 199 S.W.3d 249 (Tex. 2006).

Software. Representation of software company in dispute over implementation of Oracle 11i.

Software. Representation of software company in dispute over custom-coded enterprise software.

Commercial Litigation. Representation of loan servicing company in dispute over performance of portfolios of subprime automobile loans.

Commercial Litigation. Counsel for franchisees of 200+ Burger King restaurants in Connecticut, New Jersey, Maryland, Virginia, Texas, New Mexico, Arizona, California, Hawaii and the District of Columbia in multiple arbitrations and adversary proceeding in Delaware bankruptcy court against AmeriServe Food Distribution, Inc., formerly the nation's largest food service distribution company.

Representation of lawyers and accountants

DTPA. Representation of accounting firm in appeal of adverse verdict under the Texas Deceptive Trade Practices Act. Peisner Johnson & Co. v. Eagle Construction & Environmental Services, L.P., 2006 Tex. App. Lexis 4092 (Tex. App.--Eastland 2006), opinion and judgment withdrawn pursuant to settlement agreement, 2006 Tex. App. Lexis 4939 (Tex. App.--Eastland 2006).

Fraud. Representation of accountant and corporate officer in appeal of adverse verdict. Kelley v. Anderson, 171 S.W.3d 680 (Tex. App.--Dallas 2005), rehearing granted pursuant to settlement agreement, 2006 Tex App. Lexis 3855 (Tex. App.--Dallas 2006).

Professional liability. Representation of attorneys in grievance proceedings brought by the Office of Disciplinary Counsel of the State Bar of Texas.

RICO. Representation of national accounting firm in federal RICO action. Bonner v. Henderson, 147 F.3d 457 (5th Cir. 1998).

Securities Litigation (Class Actions). Representation of regional accounting firm in federal securities fraud class actions brought by common stockholders in Texas and noteholders in Mississippi, and in proceeding brought by the Trustee of a Litigation trust created under a Chapter 11 Plan of Reorganization.

Securities Litigation (Class Actions). Representation of national accounting firm in federal and state securities fraud class actions brought by common stockholders in Texas.

Securities Litigation (Mass Actions). Representation of international franchisor in state securities fraud and deceptive trade practices "mass action" litigation arising from franchisees' fund-raising activities.

Qui Tam. Representation of regional accounting firm in Federal False Claims Act litigation over Medicare reimbursements.  

Professional liability. Representation of law firm in appeal of jury verdict. (Retained after the verdict had been returned.)

Insurance disputes

Coverage and bad faith. Representation of insurance companies and policyholders in insurance coverage and bad faith actions.

ERISA Litigation. Statewide counsel for national life insurance company in securities and ERISA litigation, including class action-related claims.

School district policy. Representation of insurance company in appeal of jury verdict.  (Retained after the verdict had been returned.) Canutillo Independent School Dist. v. National Union Fire Ins. Co., 99 F.3d 695 (5th Cir. 1996).

LPL policies. Representation of insurance company in dispute over coverage under a lawyers' professional liability policy. Home Ins. Co. v. Walsh, 854 F. Supp. 458 (S.D. Tex. 1994).

D&O policies. Representation of insurance company in dispute over coverage for former directors and officers of a national bank under a D&O policy. Bartley v. National Union Fire Ins. Co., 824 F. Supp. 624 (N.D. Tex. 1992).

Workers Compensation. Representation of insurer in appeal of adverse verdict in which a jury found that the worker was totally and permanently incapacitated as a result of lung disease incurred in the course of his employment. Home Ins. Co. v. Blancas, 713 S.W.2d 192 (Tex. App.--Corpus Christi 1986, no writ).

Miscellaneous

Habeas Corpus. Representation of Mexican national in state and federal habeas corpus proceedings challenging capital murder conviction and death sentence. Irineo Tristan Montoya v. Scott, 65 F.3d 405 (5th Cir. 1995), cert. denied, 517 U.S. 1133 (1995).

Election Law. Representation of incumbent judicial candidate in mandamus action against the presiding officer of the State Democratic Executive Committee over canvassing of a recount. Martinez v. Slagle, 717 S.W.2d 709 (Tex. App.--San Antonio 1986) (mandamus).

Mr. McCorquodale's practice also concentrates on the investigation, preparation and trial of insurance coverage disputes among policyholders, insurers and reinsurers. He represents both insurers and policyholders. His work includes the preparation of coverage opinions; representation at alternative dispute resolution proceedings such as arbitrations, mediations and summary jury trials; and litigation in state and federal courts throughout Texas.

He has advised clients regarding claims for bad faith, for breach of the duty of good faith and fair dealing, for breach of the Unfair Claim Settlement Practices Act and the Texas Prompt Payment of Claims Act (Chapter 542 of the new Texas Insurance Code, formerly parts of Articles 21.21 and 21.55 of the old Texas Insurance Code), and for alleged violations of the Texas Deceptive Trade Practices Act (DTPA).

He has advised clients regarding disputes under a broad variety of insurance coverages, including: