Over the past ten years, I have served as an expert witness in multiple cases involving claims for breach of fiduciary duty. I have served as both a consulting and testifying expert in litigation involving trusts, estates, corporations and partnerships. My designations as an expert are split equally between plaintiff and defense.
The following report provides my professional opinions regarding various fiduciary matters at issue in this case, including, but not limited to, the exercise of fiduciary discretion, standards of care imposed on fiduciaries and the Trustee’s duties and obligations with respect to administration of Trusts. In addition, I have been asked to provide opinions relative to how a prudent fiduciary would, in the usual and customary course of conduct, exercise discretion and make decisions as to the exercise of duties, powers and obligations imposed on the Trustee under the Trust.
The opinions expressed are based on my education and experience, which include thirty-five years of experience as a banker and fiduciary officer, overseeing fiduciary policy, fiduciary litigation, complex transactions and large fiduciary relationships, as well as managing assets, for both institutions and high net worth individuals. I earned a Bachelor of Arts degree from The University of Texas at Austin in 1976, and a Doctor of Jurisprudence from South Texas College of Law in 1980. My experience in the trust and banking industry began with Texas Commerce Bank in 1976, managing fiduciary relationships with significant real estate and oil and gas holdings. I held management responsibility for the bank's Real Estate and Oil and Gas Group for over twenty years. In addition, I served as Chief Administrative Officer for the Trust Department, where I was responsible for oversight of fiduciary policy as well as the acquisition and business integration of multiple bank and trust company mergers into Texas Commerce and JPMorgan.
Later, I was named to the management group responsible for creating the Private Bank for JPMorgan Chase in Texas. Following the JPMorgan merger with Chase, I served as the Private Bank's Chief Operating Officer for the central and southeastern United States. In addition to these roles, I served as President of Matagorda Oil Company, a closely-held corporation, and Trinity Petroleum, a publicly-traded energy company.
During my trust banking career, I held many managerial and oversight roles. I served as chair or co-chair of the Trust Investment Committee, the Account Investment Review Committee, the Fiduciary Risk Committee, the Fiduciary Fee Committee, the Trust Audit Committee and the Trust Administrative Committee. My curriculum vitae is attached and is incorporated fully herein.
I will provide opinion testimony, based on my knowledge, training, education, experience, and expertise, regarding the existence, application, and fulfillment of relevant fiduciary duties at issue in this case, and the standards of care and duties, as established by the trust agreement and usual and customary standards for the management of estates and trusts, that are applicable to beneficiaries, trustees, executors, and other interested parties.