Charlene Koonce

Koonce,Charlene

Charlene Koonce

PARTNER
Office
500 North Akard Street
Suite 2700
Dallas, Texas 75201
Overview
Ms. Koonce handles commercial disputes on behalf of large and small clients. She has obtained favorable results through bench and jury trials, summary judgment, and settlement in cases involving complex international contract disputes, CGL insurance defense matters, commercial tenancy, and consumer disputes. Ms. Koonce’s practice emphasis is in federal litigation, and her experience includes extensive service as and representation of equity receivers in government enforcement cases.

Bankruptcy & Receiverships

  • Government Enforced Receiverships

Litigation

  • Banking Litigation & Foreclosures
  • Construction Litigation
  • Computer Fraud & Privacy Litigation
  • Direct Sales & Regulatory Matters
  • Employment Litigation
  • Insurance Defense
  • Oil & Gas Litigation
  • Product Liability Litigation
  • Professional Liability
  • Real Estate Litigation
  • Securities Fraud Litigation
  • Securities Litigation & Arbitration
  • State & Federal Appeals
  • Trade Secret Litigation
  • Trademark Litigation

Securities & Finance

  • Broker/Customer Disputes
  • Public Company Representation
  • Regulatory and Enforcement Matters
  • Securities Fraud Litigation
  • Securities Litigation & Arbitration
  • “Must-Know Quirky Litigation Matters” – Panel member, 2015 NAFER Conference
  • Co-Author of “Broadcasting Lies: Broadcaster Liability in Consumer Fraud”, Part 1, published in the June, 2015 Commercial Fraud Committee newsletter, American Bankruptcy Institute
  • “What Happens to the Business When Fraud or Other Illegal Activities Occur” – 2014 University of Texas at Dallas Fraud Conference
  • “Understanding the Implications of Fraudulent Transfer Laws to Creditors: What Lies Ahead in 2006 LIVE Webcast” – 2016 The Knowledge Group
  • “Uncork Your Success, You Can’t Break Glass Without a Few Cuts” – Panel member, 2018 Wine, Women, and Wrapping – A Night at the Arboretum
  • Admitted to practice in the United States District Courts for the Northern, Southern, Eastern, and Western Districts of Texas and the Fifth and Eleventh Circuit Courts of Appeal
  • Member, Fifth Circuit Bar Association
  • Member, State Bar of Texas, 1991 to Present

Jury and bench trials in state and federal courts. Extensive experience with federal court motion and appellate practice, including disputes regarding jurisdiction, choice of law, limitations, standing, complex contracts, fraud, fraudulent transfer, negligence, discovery, and evidentiary issues. Obtained summary judgments against dozens of brokers, recipients of Ponzi payments, and others in numerous receivership lawsuits, and successfully defended those judgments on appeal to the Fifth Circuit.

Eckard Global Energy, LLC v. Bakken Assumptions I, LLC, 2015 WL 5043079 (E.D. Tex. Aug. 26, 2015) (Relying on Plaintiffs’ choice of law analysis in denying Defendants’ motion for summary judgment where Defendants misappropriated Plaintiffs’ oil & gas investment trade secrets);

Forex Capital Markets, LLC v. Crawford, __S.W.3d___ 2014 WL 7498051 (Tex. App – Dallas, Dec. 31, 2014, pet denied) (Affirming denial of motion to dismiss where Receiver asserted only assigned investor claims which were not subject to arbitration provision binding receivership entity);

Aaes v. 4 G Companies, 558 F. App’x 423 (5th Cir. 2014), cert. denied, 135 S. Ct. 405 (2014) (Affirming denial of Plaintiffs’ Motion to Alter or Amend Final Order of Dismissal, following 12(b)(6) dismissal of Plaintiff’s Complaint which alleged securities fraud and RICO claims; Order granting 12(b)(6) Motion found at Aaes v. 4G Companies, 2012 WL 949040 (S.D. Tex Mar. 20, 2012));

F.T.C. v. IAB Mktg. Associates, LP, 972 F. Supp. 2d 1307, 1309 (S.D. Fla. 2013) (Denying Defendants’ motions to lift asset freeze to pay living expenses);

Crawford v. Silette, 608 F.3d 275 (5th Cir. 2010) (Affirming imposition and foreclosure of lien in favor of Receiver despite assertion of Florida homestead protection, where fraudulently obtained funds were transferred from Ponzi operator to innocent home-owner, and used to satisfy mortgage);

Hartis v. Century Furniture Indus., Inc., 230 S.W.3d 723 (Tex App -Houston [14th Dist.] 2007, no pet.) (Upholding judgment following bench trial involving UCC Article 2 formation, interpretation, and enforcement issues);

SEC v. Resource Dev. Int’l, LLC, 217 Fed. Appx 296 (5th Cir. 2007) (Upholding district court’s orders finding respondent in civil contempt and directing his incarceration and denying respondent’s subsequent motion to purge contempt, where Receiver demonstrated respondent failed to comply with orders requiring production of documents and information demonstrating respondent’s disposition of receivership assets);

Warfield v. Byron, 436 F.3d 551 (5th Cir. 2006)(Upholding summary judgment directing brokers’ disgorgement of commissions received in exchange for sale of fraudulent securities).

  • Board of Directors, National Association of Federal Equity Receivers, 2015-present
  • Board of Directors, Empowering Women as Leaders, 2015 – 2017
  • Member, Dallas Bar Association
  • Member, National Association of Women Lawyers
  • Fellow, Texas Bar Foundation
  • Juris Doctor, cum laude, Pepperdine University School of Law, 1991
  • Bachelor of Arts, magna cum laude, Abilene Christian University, 1988
  • DISD Volunteer – Girls with Pearls
  • Chair, Scheef & Stone Diversity Committee
  • Volunteer, Court Appointed Special Advocates (CASA), 2018-Present
  • Member, Board of Advisors, Pepperdine School of Law, 2018-Present
  • Selected in “Best Lawyers in Dallas” list, D Magazine, 2017 & 2018
  • AV rated, Martindale-Hubbell
  • Selected as one of the “Texas’ Top Rated Lawyers for 2014 in Commercial Litigation” by Legal Leaders Magazine
  • Recognized as one of the “2013 Top Rated Lawyers in Commercial Litigation Law” by The American Lawyer, Corporate Counsel, Martindale Hubbell, and National Law Journal
  • Named in “Texas Super Lawyer” list, Thomson Reuters, 2016 and 2017