Jim C. Phillips

Senior Associate
Direct: 214-888-3119
Fax: 214-888-3109
Email: jphillips@palterlaw.com
Vcard: 
A truly BUSINESS-FOCUSED attorney with a real appreciation for a company’s needs and struggles, Jim works hard to protect their interests. He brings a complete skill set to the table as he represents businesses of every size and type: mom-and-pops, entrepreneurial startups, and established multi-million dollar corporations. Jim helps businesses with effective planning and transaction advice, and has dealt with complex succession planning. An experienced and successful litigator who has represented an array of businesses in state court, federal court, and arbitration, he also protects businesses through his unique ability to find liability exposures and foresee contractual issues.


Education:

J.D., St. Mary’s University School of Law
B.A., University of North Texas

Bar Admissions:

State Bar of Texas
State Bar of Ohio
U.S. District Courts for the Northern and Eastern Districts of Texas
United States Court of Appeals for the Sixth Circuit
U.S. District Court for the Southern District of Ohio

Bio:

Jim Phillips represents businesses in complex and general commercial litigation both in state and federal court and before arbitration panels, including AAA and FINRA. He also works with business clients on a variety of transactional matters, including commercial contract negotiation, license agreements, leases, corporate governance, and succession planning.

After graduating from the University of North Texas in 2010 with a Bachelor of Arts degree in History and a Minor in English, Mr. Phillips received his law degree in 2013 from St. Mary’s University School of Law in San Antonio, Texas. During law school, Mr. Phillips served as a judicial intern to Justice Sharon McCally of the Fourteenth Court of Appeals of Texas in Houston.

Representative Matters:

COMMERCIAL LITIGATION

• Represented general contractor in a multi-million dollar dispute with multiple subcontractors and the property owner regarding claims for defective work. Case resolved through confidential settlement favorable to the client.
• Successfully represented marijuana company in the constitutional challenge of a new Ohio law related to medical marijuana licensure.
• Successfully defended a car dealership and repair shop in multiple claims by customers related to breach of contract and violations of the consumer sales practices act resulting in zero liability judgment.
• Represented a group of shareholders in a breach of fiduciary duty lawsuit brought other members in a restaurant group. Negotiated a confidential settlement favorable to my clients.
• Defended a municipality in a lawsuit brought by a resident claiming that the city’s failure to properly monitor a construction project resulted in damages to her residence. The claim was dismissed on motion for summary judgment.
• Successfully defended a property owner in a federal class action lawsuit brought by former tenants for claimed lease violations including the failure to refund security deposits. Obtained a full dismissal of the lawsuit with no damages liability.
• Represented multiple heirs in a probate proceeding wherein two of the decedent’s children attempted to contest the validity of the will. Negotiated a favorable settlement.
• Defended an oil and gas company in a multi-party, multi-jurisidictional lawsuit for damages in excess of $10 million related to the sale of contaminated oil. Negotiated a favorable settlement through mediation.
• Represented numerous construction companies in arbitration claims by property owners and subcontractors in both state court and arbitration.

TRANSACTIONAL MATTERS

• Represented a molding company in the acquisition of a competitor which included formation of multiple entities, the acquisition of the underlying real estate, negotiating the operating agreement between the members, and drafting employment agreements for key personnel.
• Represented an IT Company specializing in providing IT services to public school districts in acquiring multiple regional competitors through both mergers and asset purchases. This also required extensive negotiations with the FCC and the state auditor's office.
• Represented paving company in the sale of its substantial business to a general contractor.
• Represented purchaser in the multi-million dollar acquisition of a variety of oil and gas drilling equipment.
• Represented purchaser in the acquisition of an automotive company specializing in after-market car customization.
• Represented purchaser, former employee, in the acquisition of a garage refinishing company.
• Represented seller in the sale of the business interest in a real estate holding company.
• Represented members in the buyout of a minority member in a clothing retailer.
• Represented purchaser in a series of acquisitions of manufacturing and construction companies.
• Represented seller in the sale of numerous regional restaurant franchises.
• Represented group of shareholders in the buyout of their business partners in a local restaurant and bar group.
• Represented seller in the sale of his financial consulting business. This sale included the sale of all FF&E, assignment of the leases, transition of the clients, assignment of all third-party contracts, and transition of employees.
• Represented buyer in the substantial purchase of a competitor construction company.
• Represented seller in the sale of a street sweeping business.
• Represented university in the purchase and subsequent reorganization of a local, failing community college.
• Represented purchaser in the acquisition of a dental practice group.
• Represented contractor in the sale of sub-contractor subsidiaries to regional competitor.
• Representing local entrepreneur in the start-up of an out-of-state manufacturing business including drafting all formative documents, drafting grant proposals for government subsidies for the project, negotiating the acquisition of real estate, and negotiating the equipment leases and purchase contract.
• Represented car dealership in a corporate restructuring which included the reorganization of the company, the transfer of assets between companies, the assignment of leases, registration of trade names, and drafting intracompany leases and agreements.
• Represented a wide variety of business including restaurants, construction companies, real estate investment groups, doctors, dentists, car dealers, IT companies, and consulting companies in a variety of matters ranging from drafting their form service agreements to trademark filings and formative documents.
• Represented Insurance Brokerage firm in the acquisition of a competitor, including drafting agency agreements with employees of the acquired company, assigning all applicable leases, effectuating the transfer of all current policies, and working with the various insurance underwriters to assure the seamless transition of the client accounts.

REAL ESTATE MATTERS

• Represented seller in the multi-million dollar sale of a 137-parcel tract of property currently encumbered by 51 leases and owned by several different entities to an out of state investment group.
• Represented owner in negotiations with a local municipality to remove a subdivision plat currently recorded on the property.
• Represented a local HOA in negotiations with developer to secure a right of way easement across the neighboring property.
• Represented a political subdivision in the sale of their corporate headquarters.
• Represented gym owner in negotiations with a large municipality and the local zoning commission to gain a limited variance allowing him to operate in his current leased space.
• Represented local non-profit in the acquisition of multiple properties and in subsequent JV negotiations with local churches to use these properties as part of a local urban ministry program.
• Represented both purchaser and seller in a multi-million dollar “drop and swap” acquisition of a commercial office building.
• Represented purchaser in the acquisition of a national chain hotel property out of a receivership which included negotiating with the city to develop a remediation plan for the project.
• Represented purchaser in the acquisition of a mixed-use development to be leased as restaurant space.
• Represented real estate holding company in the substantial sale of a parcel with two buildings, both with active leases.
• Represented restaurant group in the negotiation of a JV agreement to develop a former dairy facility into a new food hall which included working with a local real estate developer to acquire the property, get zoning approval for the new space, and attract local restaurants to license stalls within the food hall.
• Represented real estate holding group in the sale of multiple investment properties to various investors.
• Represented regional restaurant group in the sale of numerous locations through both the sale of the membership interest in the holding company of the location and through sale of the building along with FF&E.
• Negotiated multiple commercial LOIs and leases on restaurants, warehouses, retail, general corporate space, and professional space.
• Represented multiple land owners in negotiations of oil and gas leases and pipeline easements.
• Negotiated with municipalities and localities on a variety of zoning and permitting issues.

Professional Affiliations:

Dallas Bar Association
Dallas Young Lawyers Association
Texas Young Lawyers Association
Ohio State Bar Association

Community/Interests:

Jim places a focus on serving the community whenever possible, including taking on pro bono cases and donating his time to economically disadvantaged individuals.

Jim is also an avid golfer, home cook, and enjoys CrossFit.