| Shareholder | |
| phone | (361) 880-5825 |
| fax | 361-880-5844 |
| Email Me | |
Scott regularly advise his clients regarding the formation and structure of new and growing business entities, including corporations, partnerships and limited liability companies and a wide range of business, transactional and commercial contract matters. He regularly advises clients (including buyers and sellers in stock, asset and or merger transactions) on merger and acquisition transactions. In addition he has represented numerous business and financial services clients of all size and industry over the years. He has represented financial services clients to defend consumer claims, document loan transactions and enforce their provisions in events of default, by pursuing litigation for collection, foreclosure and, when appropriate, seeking prejudgment remedies. He has represented business clients in loan transactions, collecting overdue debts, enforcing contracts and in the defense of claims. He has represented local and national financial institutions, ranging from banks to captive finance/credit companies and other businesses involved in the sale of goods and services, in legal matters through out South Texas.
Representative Matters:
- Represented numerous Oil and Gas Industry clients in the purchase and sale of businesses in all phases from negotiations of letter of intent thru the closing of the transaction and all parts in between.
- Formed numerous business entities of all types in many kinds of different industries.
- Represented client in negotiations and retention of investment banking firm for sale of multi million dollar oil & gas drilling equipment company.
- Represented clients in purchase and acquisition of several existing oil & gas equipment sales companies.
- Represented clients in sale of retail sales company and automotive services company.
- Represented client in purchase and acquisition of multiple franchised fast food business locations.
- Successfully represented financial institution in work out negotiations on multi million dollar secured troubled loan transaction and prepared the loan documentation of the restructured secured indebtedness.
- Conducted due diligence in acquisition of real estate secured loans from financial institution, negotiated terms of purchase and prepared documentation for successful closing of the purchase of the real estate secured loans.
- Successfully prosecuted claims for collection of defaulted loans and recovered Judgment in favor of client for full balance due plus attorneys fees and costs incurred.
- Defended finance company against consumer claims of unfair debt collection.
- Represented client as borrower in obtaining 30 million dollar revolving credit facility.
- Obtained possession of large leased premises in retail shopping center for landlord after default by tenant on commercial lease agreement by pursuit of distress warrant and other pre judgment remedies.
- Successfully defended claims for damages and breach of contract asserted against landlord by tenant under commercial lease agreement.
- Defended seller of oil drilling rig in multi party wrongful death and personal injury lawsuit in which claims of defects in the drilling rig were asserted resulting in no recovery being obtained against client.
- Represented petroleum wholesaler in lawsuit brought by gas station dealer asserting claims of damage and breach of contract resulting in favorable settlement in favor of client.
- Areas of Practice:
- Corporate/ Creation of Business Entities of All Types
- Mergers/Acquisitions - the Purchase and Sale of Business Entities of All Types
- Business, Commercial and General Civil Litigation
- Business Transactions
- Alternative Dispute Resolution
- Arbitration
- Collections and Repossessions
- Debtor/Creditor Issues
- Bar Admissions:
- Texas, 1981
- U.S. District Court Southern District of Texas, 1982
- U.S. District Court Northern District of Texas, 1992
- U.S. Court of Appeals 5th Circuit, 1982
- Education:
- St. Mary's University School of Law, San Antonio, Texas,
1981
J.D. - Centenary College of Louisiana, Shreveport, LA, USA,
1978
B.A.
Major: Economics
- Published Works:
- Case Note, 12 St. Mary's Law Journal 769, 1981
- Prejudgment Remedies Available to Creditors Under Texas Law
- Statutory Liens Available to Creditors Under Texas Law
- The Recovery of Attorneys Fees Under the Texas Deceptive Trade Practices Act
- Representative Cases:
- In re DiamlerChrysler Services North America, L.L.C., 2005 WL 35226351 (Texas 13th Court of Appeals 2005)
- Representative Clients:
- Automobile Finance Companies
- Financial Institutions
- Collection matters for Businesses that sell goods/services on credit
- Individuals in the formation, purchase and/or sale of Businesses
- Classes/Seminars Taught:
- Author/Speaker, Prejudgment Remedies Available to Creditors Under Texas Law, Continuing Legal Education Seminars
- Author/Speaker, Statutory Liens Available to Creditors Under Texas Law, Continuing Education Seminars
- Author/Speaker, The Recovery of Attorney Fees Under the Texas Deceptive Trade Practice Act, Continuing Education Seminars
- Professional Associations and Memberships:
- State Bar of Texas, Litigation Section
- Member
- State Bar of Texas, Business Law Section
- Member
- Texas Association of Bank Counsel
- Member
- Pro Bono Activities:
- Annually Provide Pro Bono Services to Select Clients on Select Matters, 1981 - Present
With offices in Corpus Christi, Austin, and San Antonio, the law firm of Porter, Rogers, Dahlman & Gordon, P.C., serves South Texas, Central Texas, and the Rio Grande Valley. We have many clients in Atascosa, Bastrop, Bexar, Brooks, Burnett, Cameron, Comal, Duval, Gillespie, Hays, Hidalgo, Jim Wells, Kendall, Live Oak, Nueces, Port Aransas, San Patricio, Starr, Travis, Uvalde, Webb, Williamson, and Wilson counties, including the communities of Alice, Brownsville, Del Rio, Edinburg, Fulton, Harlingen, Laredo, McAllen, Rockport, and San Diego.
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One Law Firm in Three Cities |
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Corpus Christi |
Austin |
San Antonio |
Scott J. Duncan


