Panelist Profile: Boyce, III, Esq., John K

John K Boyce

Boyce, III, Esq., John K

San Antonio, TX

Attorney; Mediator; Arbitrator

Education

University of Texas at Austin, (BA, Economics, with high honors, Phi Beta Kappa, 1975 and Juris Doctor, 1978)

Experience

Experience: 35+ years in a commercial transaction and litigation practice in state and federal trial and appellate courts. Extensive experience in the formation, maintenance, merger, and acquisition of a variety of business entities: corporations, limited liability corporations, limited partnerships, hedge funds and preparation of various agreements connected therewith: cross-purchase, buy-sell, redemption, sale and leaseback transactions; preparation of securities memoranda and related compliance work; extensive commercial litigation for both lenders and borrowers involving financial transactions, lending agreements, guaranties, mortgages, contracts, and real estate; creditors’ rights representing large publicly-held equipment lessors and financiers in collection matters; forensic accounting and professional malpractice; representing oil and gas independent producers in lease, title, contract, and regulatory disputes; AV rated by Martindale-Hubbell;

Arbitrator Experience:
chair of panel over breach of “earn-out” provisions of IP acquisition agreement which turned on issues of infringement and invalidity of underlying patents, fraudulent inducement and tortious interference;
panelist involving real estate developer in dispute with competing developer and lender over allegations of antitrust, tortious interference, and federal bank tying act violations;
panelist in dispute between defrauded investors, in complex schemes, and professional liability carrier involving novel coverage issues in context of existing arbitration award;
Aribtrator since the early nineties; participated in hearings lasting several days to several weeks; over the last five years has handled domestic and international cases including:
served as panel chairman in multimillion dollar dispute involving 80+ parties growing out of the sale of series of interrelated limited partnership interests in high tech ventures which turned on issues of federal and state securities laws, breach of fiduciary duty, and complex accounting claims;
panelist on three person panel in case involving fiduciary negligence and fraud in connection with investment management firm's (of "feeder fund") failure perform due diligence over hedge fund investments;
member of three person panel involving claims between former owners and management team under a leveraged buy-out and redemption agreement concerning issues of breach of contract, breach of fiduciary duty, officer and director liability and accounting claims;
chair of panel involving claims of professional negligence against accounting firm for failure to identify related party and control relationships in foreign subsidiary of US public company and failure to provide appropriate accounting advice to resolve issues stemming from whistleblowe emails;
chair of panel involving competing claims of fraud, breach of contract, and conmplex accounting over twenty-five real estate projects each subject to a master development agreement and Delaware series LLC operating agreement;
sole arbitrator in case involving claims of breach of contract and FDA regulations in the manufacturing of oncology drugs by pharmaceutical firm;
panelist on three person panel to determine "fair value" of dissenting minority interest in bank holding company resulting from "squeeze out" and involving technical issues of appraisal methodology;
sole arbitrator in claims involving breach of contract, fiduciary duty, and accounting between physicians under limited partnership agreement;
chair of panel to determine breach of covenant not to compete between physician and radiology group;
panelist to determine claims of fraud, breach of contract, professional negligence, and conspiracy in connection with “abusive” tax shelters; and,

extensive additional experience involving negotiable instruments, investment securities, including initial public offerings, lending agreements, guaranties, foreclosures, real estate, oil and gas operations and other contract and partnership disputes, accounting fraud, and customer and investment manager disputes as well as construction and products liability claims.

chair of panel of dispute whether a change of control or ownership in upstream, international entities triggered accelerated royalties for specific technology under the transfer provisions of an asset purchase agreement;

chair of panel over breach of “earn-out” provisions of IP acquisition agreement which turned on issues of infringement and invalidity of underlying patents, fraudulent inducement and tortious interference;

panelist involving real estate developer in dispute with competing developer and lender over allegations of antitrust, tortious interference, and federal bank tying act violations;

panelist in dispute between defrauded investors, in complex schemes, and professional liability carrier involving novel coverage issues in context of existing arbitration award

Area of Specialization

Business, corporate, commercial, financial, and securities disputes

Membership & Affiliations

Professional Licenses:
Admitted to Texas Bar, 1978; U.S. District Cout: Western, Southern, and Northern Districts of Texas; U.S. Court of Appeals: Fifth Circuit; former Registered Investment Advisor, Texas Securities Board (Series 65 license)(currently inactive)
Professional Associations:
Past Chair, Alternative Dispute Resolution Section, State Bar of Texas;
San Antonio Bar Association;
Fellow, College of Commerical Arbitrators
Chartered Institute of Arbitrators (MCIArb)
College of the State Bar
Fellow, Texas Bar Foundation

Other Professional Associations:
arbitration panelist-
Commerical panel (Large Complex Case and Securties subpanels), American Arbitration Association (AAA);
Financial Industry Regulatory Panel (FINRA);
International Institute for Conflict Prevention and Resolution (CPR Institute);
American Health Lawyers Association (AHLA);
Adjunct professor, Strauss School of Dispute Resolution, Pepperdine University School of Law

Honors

Presentations and Publications (most recent only):
2015 speaker, “Legislative Update” Arbitration”, State Bar of Texas Annual Convention;
2015 co-author, “Benefits of Arbitration in Texas” pamphlet for the Texas Legislature 2015 Session;
2014 speaker and author, “Use of Arbitration Use in Fiduciary Disputes”, State Bar of Texas, Fiduciary Litigation Conference;
2014 faculty, AAA Panel Dynamics: Effective Techniques for Panelists;
2014 speaker and author, “Arbitration Update”, State Bar of Texas, Business Disputes Conference;
2014 speaker, “The Preliminary Hearing and Discovery”, American Arbitration Association and the College of Commercial Arbitrators, “Managing an Effective Arbitration” Conference;
2013 author, “What Solo Litigators Need to Know About Arbitration”, Texas Bar Journal, Vol. 76, No.11;
2013 director and speaker, “Conducting Your First (or Next) Arbitration”, State Bar of Texas, conference in Austin;
2013 author, “Has Positive Software Been Positive for Disclosure?”, American Arbitration Association, Dispute Resolution Journal, Vol. 68, No.2;
2013 speaker and author, “How to Write a Bad Arbitration Clause”, State Bar of Texas, “Advanced Business Law” conference in Dallas;
2013 speaker and author, “Arbitration in Employment Disputes”, State Bar of Texas, “Essentials of Business Law” conference in Houston;
Sept. 2012 speaker, "Arbitration Primer," Bell County Bench-Bar Conference;
July 2011 speaker and facilitator, "Regaining Speed and Economy in Dispute Arbitration," American Arbitration Association;
June 2011 speaker, "Overview of Trends in Arbitration and Mediation," American Bar Association Webinar;
Feb. 2011 speaker, "Crossing the Borderline: When Neutrals Consider Changing Roles," Texas Association of Mediators Annual Conference;
Sept. 2010 speaker, "Current Trends in Alternative Dispute Resolution: What's Hot and What's Not," American Bar Webinar;
June 2010 speaker, "Federal and State Legislation Affecting Arbitration," State Bar of Texas Annual Meeting;
Feb. 2010 speaker and author, "Arbitration Roundtable," ADR Section, State Bar of Texas (Houston);
Jan. 2010 speaker and author, "Arbitration Roundtable," ADR Section, State Bar of Texas (Austin);
Jan. 2010 speaker and author, "Legislative Developments in Arbitration," State Bar of Texas Webcast;
July 2009 panelist, "Arbitration: Point & Counterpoint," State Bar of Texas, College of the Bar Summer School;
June 2009 speaker and author, "Trends in Arbitration Law," State Bar of Texas, Annual Meeting;
May 2009 speaker, "Bench Trial v. Arbitration: Motions to Compel/Motions to Vacate Award," San Antonio Bar Association Bench-Bar Conference;
January 2009 course director and moderator, "Award Mediation: Skills & Techniques," Alternative Resolution Section, State Bar of Texas;
Sept. 2008 speaker, "Emerging Trends in ADR in the Workplace: Navigating the Future," Association for Conflict Resolution (ACR), 8th Annual Conference;
June 2008 moderator of panel discussion, "Arbitration Perspectives," State Bar of Texas, Annual Meeting;
Nov. 2007 panelist: "Arbitration: The Good, The Bad, and The Ugly," William S. Sessions Inn of Court, State Bar of Texas;
Oct. 2007 author and speaker, "The Ties that Keep on Binding: Case Law Update," Alternative Dispute Resolution Conference, State Bar of Texas;
April 2007 speaker, "Arbitration Roundtable," ADR Section, State Bar of Texas (Fort Worth);
Dec. 2006 author and speaker, "Awards and Appeals-So You Thought You Were Done," Arbitration Institute, Texas Institute of Continuing Legal Education;
Oct. 2006 author and speaker, "The Sea Always Changes: Case Law and Legislative Update," Alternative Dispute Resolution Conference, State Bar of Texas;
Feb. 2006 author, "Arbitration Dislosure: Standards & Growing Challenges" ALTERNATIVE RESOLUTIONS, vol.15, no.1;
Jan. 2006 author, "Consumer Arbitrations in Texas," and editor, "Dispute Resolution - Texas Style," 3rd ed., State Bar of Texas, Alternative Dispute Resolution Section;
Sept. 2005 speaker, "ADR Update and More," Texas Institute for CLE telephone conference;
July 2005 author, "Arbitration in Banking and Financial Transactions," SAN ANTONIO BUSINESS JOURNAL;
Feb. 2005 author and speaker, "The Role of the CPA in Arbitration," San Antonio CPA Chapter;
Jan. 2005 author and speaker, "Use of Arbitration in Real Estate Disputes," San Antonio Bar, Real Esate Section;
Oct. 2004 author, "An Arbitration Primer," SAN ANTONIO LAWYER;
Sept. 2004 author, "Arbitration in Estates and Trusts," ALTERNATIVE RESOLUTIONS, vol.14, no.4;
June 2004 author and speaker, "Arbitration Primer: an Alternative Dispute Resolution Tool for Your Professional Responsibility Repertoire," Advanced Estate Planning and Probate course, State Bar of Texas

Rates

Two Party Arbitrations/Mediations: $175/Hour Per Party; All Other Arbitrations/Mediations: $150/Hour Per Party; Reduced Fee Arbitrations/Mediations: $75-$100/Hour Per Party Regardless of Number of Parties

Hobbies & Interests

Christ Episcopal Church; President, Christ Episcopal Church Endowment

John Boyce, III, Esq. is an experienced panelist for Conflict Solutions of Texas, the state's premier roster of attorney mediators and arbitrators. CS of TX offers a broad range of services to resolve disputes and are designed to be more cost-effective and timely than conventional arbitration offerings.