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Three Scheef & Stone Attorneys Successfully Defeat Four Motions to Dismiss in Claw Back Case

By News & Events

Scheef & Stone congratulates Kelly Crawford, Peter Lewis and David Wills who succeeded in defeating four motions to dismiss in a case pending in the U.S. District Court for the Northern District of Texas to recover $12 million plus in commissions from brokers in a metals receivership.

On March 8, Judge Brantley Starr issued an opinion denying all four motions to dismiss, allowing Kelly Crawford, as the court appointed receiver, to continue his attempt to claw back $12 million in commissions from brokers who allegedly directed more than 1,600 elderly people into a precious metals Ponzi scheme, ruling the receiver adequately pled the brokers benefited from the scheme regardless of their knowledge of the accused fraudsters’ actions.

The case Crawford et al. v Bleeden stems from a 2020 case lodged by the Commodity Futures Trading Commission (CFTC) and 30 states against Los Angeles-based precious metals dealers Lucas Asher and Simon Batashvili. According to the CFTC, the dealers engaged in a $185 million nationwide scheme to deceive elderly investors into buying fraudulently inflated gold and silver bullion.

Law360 featured the victory in an article that ran on March 8.

Scheef & Stone Partner Elected a Fellow by the Texas Bar Foundation

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Heather KayScheef & Stone is pleased to announce that Heather Kay has been elected a Fellow by the Texas Bar Foundation. Fellows are selected because of their outstanding professional achievements and their commitment to the improvement of the justice system in Texas.

Each year, only one-third of one percent of Texas lawyers are invited to become Texas Bar Foundation Fellows. Once nominees are selected, they must be elected by the Texas Bar Foundation board of trustees. Election is a mark of distinction and recognition of contributions to the legal profession.

A partner in the Frisco, Texas office, Heather practices on the firm’s BankingCorporate & BusinessReal Estate, and Securities & Finance teams, with a focus on matters involving transactional banking and real estate law. She is experienced in all aspects of lending transactions and real estate transactions, such as documenting and negotiating complex financial transactions, including U.S. Small Business Administration loans, handling debt collection matters on behalf of creditors, and researching regulatory issues. She also has experience with real estate acquisition transactions and leasing transactions.

Heather is a member of the Texas Association of Bank Counsel and Collin County Women’s Association. She earned her J.D., cum laude, from Oklahoma City University School of Law and her B.S. from the University of North Texas.

Direct Selling Practice Group Ranked No. 3 in North America by Social Selling News

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Brent KuglerScheef & Stone is pleased to announce that the firm’s Direct Selling practice group, which is chaired by Partner Brent Kugler, was ranked third in North America on the 2023 Social Selling News “The Ranks” law firm list. Firms are ranked by the number of active direct selling clients.

“Our direct sales, multi-level and affiliate marketing clients across the U.S. face a variety of complex business issues in a fast-paced niche industry,” Brent said. “Our team is dedicated to providing strategic advice on rapidly evolving regulatory issues, distributor policies, compensation structures, independent contractor classification, enforcement of non-solicitation restrictions, trade secret protection, risk management, and more. We’re delighted to see this commitment to client service recognized on such a prestigious list.”

Scheef & Stone’s Direct Selling practice attorneys have extensive experience in representing direct sales, multi-level (MLM) and affiliate marketing companies in lawsuits, arbitrations and regulatory matters. They also provide comprehensive legal representation to direct sales companies, including advice on federal and state regulatory issues. Scheef & Stone has been a Supplier Member of the Direct Selling Association since 2008 and Brent is a frequent speaker and author on regulatory developments in the direct selling industry and preparing direct sales companies for litigation.

Social Selling News is a monthly publication targeted to direct sales industry professionals. The publication covers direct sales news, trends and developments. The full “The Ranks” law firm list is available to subscribers here.

Scheef & Stone Welcomes Anthony Vecchione to the Firm

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Anthony VecchioneScheef & Stone is pleased to announce that Anthony Vecchione has joined the firm’s Dallas office. Anthony will practice as a member of the firm’s Litigation team.

Anthony has more than a decade of experience handling complex business and intellectual property litigation matters, with a focus on patent infringement. He spends significant time advising large corporations, entrepreneurs, and inventors on challenges that arise in the ever-changing technology industry. Anthony’s clients appreciate his diverse experience and innate ability to devise the solutions necessary to keep their business objectives in line. Anthony’s many hats afford him a variety of perspectives, which he uses to provide insight and balanced judgement. He has successfully represented both plaintiffs and defendants in district court litigation, appellate litigation, and complex commercial arbitration.

As a complement to his successes in business and IP litigation, Anthony also previously served as general counsel for a burgeoning multi-office family dental practice. In this role, in addition to advising on strategic growth, he managed all legal matters that arose in daily practice operations, including those involving contracts, labor and employment, and real estate law.

Anthony is a member of the State Bar of Texas. He earned his J.D. from the Southern Methodist University Dedman School of Law. He simultaneously obtained his M.A. from New York University and M.S. from Brooklyn College. He earned a B.S. from the University of Florida.

Scheef & Stone Elevates Heather Kay to Partner

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Heather KayScheef & Stone is pleased to announce that, effective Jan. 1, 2023, Heather Kay has been promoted to partner.

“Heather is a talented practitioner, respected leader in her field, and unwavering client advocate who lives out the core values of our firm,” said John Scheef. “We are proud of her successes and pleased to welcome her to the ranks of partner.”

Heather practices on the firm’s Banking, Corporate & Business, Real Estate, and Securities & Finance teams, with a focus on matters involving transactional banking and real estate law. She is experienced in all aspects of lending transactions and real estate transactions, such as documenting and negotiating complex financial transactions, including U.S. Small Business Administration loans, handling debt collection matters on behalf of creditors, and researching regulatory issues. She also has experience with real estate acquisition transactions and leasing transactions.

Heather is a member of the Texas Association of Bank Counsel and Collin County Women’s Association. She earned her J.D., cum laude, from Oklahoma City University School of Law and her B.S. from the University of North Texas.

Scheef & Stone Welcomes Austin Ernst to the Firm

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Austin ErnstScheef & Stone is pleased to announce that Austin Ernst has joined the firm’s Dallas office. Austin will practice as a member of the firm’s Real Estate team.

As a former commercial title attorney, Austin has worked closely with buyers, sellers, lenders, brokers, and their representation at nearly every stage of a real property transaction. Applying his real estate experience and educational background in oil and gas, he is committed to ensuring his clients can be confident in all aspects of a transaction, from contract drafting, entity formation, ownership interest determination, to closing. Austin’s title experience gives him distinct insight into the details of a real estate transaction from start to finish, and he utilizes that knowledge to provide legal counsel to clients wherever they may be on the transaction timeline.

Austin is a member of the Dallas Bar Association Real Property Law and Probate, Trusts and Estates sections; the Texas Land and Title Association; the State Bar of Texas Real Estate, Probate, and Trust Law, Business Law, Oil, Gas, and Energy Resource Law, and Environmental and Natural Resource Law sections; and the State Bar of Montana Water Law Section.

He earned his J.D. from the University of Tulsa College of Law and his B.A. from the University of Texas at Austin.

Scheef & Stone Partner Earns Fourth Consecutive D Magazine Best Lawyers Recognition

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T. Chase GarrettScheef & Stone Partner T. Chase Garrett has been named to D Magazine‘s 2023 Best Lawyers Under 40 list, which recognizes up-and-coming attorneys in the Dallas region. Chase has been named to the list every year since 2020.

The list, published in D Magazine’s January 2023 issue, is compiled based on peer nominations and an independent panel review. Honorees will be recognized at a celebratory event being hosted by D Magazine on Jan. 26.

In his practice, Chase represents high-net-worth individuals and businesses in high-stakes cases. Chase focuses on early strategic planning for his clients to help them avoid the courtroom; however, when necessary, he has the experience to handle complex litigation matters. He advises on issues related to breach of contract, employment law, shareholder and partnership disputes, breach of fiduciary duty, misappropriation of trade secrets, violations of non-compete agreements, deceptive trade practices, interference with contracts, Fair Labor Standards Act claims, construction disputes, and business disparagement. Chase also has a niche practice representing the business interests of individuals going through divorce.

Scheef & Stone Wins Arbitration Award for Aspen Strategic Holdings

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DALLAS – Scheef & Stone, LLP represented Dallas-based Aspen Strategic Holdings, LLC in a successful derivative arbitration proceeding on behalf of ABA DSO, LLC against local boutique investment banking firm Transitus Capital, LLC and its founders. The nearly $1.3 million award stems from breach of its engagement agreement, fraud, and gross negligence claims.

“Our team is very pleased with the outcome,” said Scheef & Stone Partner J. Mitchell Little, who served as lead counsel. “It was necessary to demonstrate either gross negligence or willful misconduct on the part of the Respondents, and we felt we could meet that burden based on overwhelming evidence. It is extremely satisfying to help our client be made whole here.”

The arbitration award for Aspen Strategic Holdings, a private equity holding company that specializes in health care properties and operating ventures, includes attorney’s fees, costs, pre- and post-judgment interest

“We are immensely thankful for Mitch’s wise counsel in addressing this situation. We hired Transitus expecting them to perform their services with honesty, care, and loyalty. They did not and Mitch was instrumental in helping us hold them accountable,” said Aspen Strategic Holdings Managing Member Dennis Marshall.

Scheef & Stone, LLP provides solid counsel to its valued clients by forging innovative legal solutions to build lasting relationships. From offices in Dallas, Frisco, Marshall, and Sherman, the firm’s members hold themselves to the highest standards while going beyond the extra mile for their clients. These standards have led to strategic growth, bringing our attorney count to approximately 60 lawyers practicing in a full-service commercial firm with services that include corporate, mergers and acquisitions, real estate, tax, construction law, banking, bankruptcy, intellectual property, healthcare, litigation, and employment law.

Attorneys from Scheef & Stone, LLP Earn 2022 Texas Super Lawyers Honors

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DALLAS/FRISCO/MARSHALL/SHERMAN – The publishers of the 2022 Texas Super Lawyers list by Thomson Reuters are recognizing 12 attorneys from Scheef & Stone, LLP, on the exclusive annual roster of the state’s best.

The honored Scheef & Stone attorneys work from firm offices in Dallas, Frisco, and Marshall. Founding partners C. John Scheef III in Frisco and Bill Stone and Kelly Crawford in Dallas have been included on the Super Lawyers list for more than a decade. Mr. Scheef earned selection for his work in Construction Litigation, while Mr. Stone and Mr. Crawford scored high marks for their representation of clients in Mergers and Acquisitions and Business Litigation, respectively.

The additional Super Lawyers honorees from Scheef & Stone’s Frisco office and the areas for which they are recognized include:

Matt BracyBusiness and Corporate Law
John FischerIntellectual Property Law
Byron HenryAppellate Law
Mark L. HillBusiness Litigation
Mitch LittleSecurities Litigation
Kate ValentConstruction Litigation

In Dallas, Scheef & Stone partner Rebekah Steely Brooker claimed a spot on the 2022 Texas Super Lawyers list based on her experience in Estate Planning & Probate Law. Fellow Dallas partner Richard J. Wallace III is recognized for his expertise in Business Litigation.

Experienced East Texas attorney Michael C. Smith from Scheef & Stone’s Marshall office claimed his 15th consecutive selection on the Super Lawyers list based on his years of work in Intellectual Property Litigation.

Earlier this year, Scheef & Stone attorneys T. Chase Garrett and Taylor L. Harris were featured on the companion 2022 Texas Rising Stars list of the state’s top young lawyers for their work in Business Litigation and Civil Litigation, respectively.

Scheef & Stone, LLP provides solid counsel to its valued clients by forging innovative legal solutions to build lasting relationships. From offices in Dallas, Frisco, Marshall, and Sherman, the firm’s members hold themselves to the highest standards while going beyond the extra mile for their clients. These standards have led to strategic growth, bringing our attorney count to approximately 60 lawyers practicing in a full-service commercial firm with services that include corporate, mergers and acquisitions, real estate, tax, construction law, banking, bankruptcy, intellectual property, healthcare, litigation, and employment law.

Kelly Crawford to Speak at National Conference

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Scheef & Stone Partner Kelly Crawford will be speaking on March 9, 2022, at the 2022 Enforcement Training conference of the North American Securities Administrators Association. Mr. Crawford will be speaking on “Asset Freezes & Receiverships.” Mr. Crawford has extensive experience over the years working as a receiver and is currently serving as the receiver in a case pending in Dallas, Texas brought by the Commodity Futures Trading Commission and 30 States.