Mr. McCown has been a trial lawyer for over twenty years. He has been privileged to represent clients from the biggest names in business to individuals and start-ups. Mr. McCown has broad experience in all types of trial and appellate work, including Banking and Financial Litigation, Real Estate and Construction Litigation, Commercial Litigation, and Media Law. He is AV-Peer Review Rated by Martindale-Hubbell and his work has resulted in several leading opinions in Texas law. In addition to his extensive trial, appeal, and arbitration experience, he is well-versed in all aspects of extraordinary remedies, including injunctive relief, mandamus, and pre-judgment remedies.
Banking and Financial Litigation
Mr. McCown has represented banks, lenders, and borrowers in a variety of lending, UCC, checking, and collection disputes throughout his career.
- Represented local bank in UCC conversion and contract action against insurer that was liable for checks that were not properly paid. The appellate court applied UCC Article 3 to overturn prior Texas law on that topic.
- Represented national banking institutions in numerous check collection and deposit cases under UCC Articles 3 and 4.
- Represented a national bank in collected sums overdrawn by a debtor; successfully pierced the corporate veil to obtain judgment against the debtor and a related corporation.
- Successfully defended brokerage firms against claims of unfair trading, excessive commissions and unauthorized trade claims.
- Represented lenders and borrowers in foreclosure proceedings resulting in both enforcement of security interests on lenders’ behalves and avoiding foreclosure on behalf of borrowers.
Real Estate and Construction Litigation
Mr. McCown has represented numerous real estate interests, including landowners, landlords, and tenants. He has also successfully represented property owners in disputes relating to the purchase and sale of real property.
- Represented individual landowners in two soil and drainage disputes, resulting in favorable settlements for the landowners.
- Represented property owners in disputes relating to purchase and sale agreements. In two such cases, actually obtained judgments against the plaintiffs who had initiated lawsuits against the property owners.
- Represented property and facility owner in construction disputes relating to facility construction, infrastructure.
- Represented telecommunications company in wireline and wireless defect and dispute claim relating to cellular telephone tower and equipment refurbishment.
- Represented a local municipality in a construction lien dispute relating to a multi-million dollar concert facility.
- Represented partnership in claim against petroleum company for fraudulently filing a lis pendens with respect to a partnership’s contract to purchase real property.
Mr. McCown’s experience in commercial, contract, and trade secrets litigation is extensive. He has handled virtually all types of contracts and business disputes.
- Represented a major telecommunications company in a trade secret and intellectual property dispute with one of its former customers. In addition to a jury verdict (as co-counsel) in favor of the company, Mr. McCown also obtained and upheld a temporary injunction against the customer from misappropriating the company's proprietary products.
- Represented cabinet supplier against airplane manufacturer. Obtained an arbitration award for full damages and favorable interpretation of supply contract.
- Represented defendants in a trade secrets case relating to developmental work performed on the plaintiff’s existing software program.
- Co-counsel for a publicly traded company in a lengthy corporate governance dispute initiated by a disgruntled shareholder. Successfully defended against several lawsuits and numerous procedural motions filed by the shareholder in an attempt to take over the company.
Mr. McCown's media work is extensive and has resulted in several influential opinions in Texas jurisprudence.
- Represented media entities in three lawsuits in which the Texas Anti-SLAPP statute was applied. All three lawsuits resulted in full dismissal of the plaintiffs’ claims and an award of attorneys’ fees in favor of the media clients.
- Represented television station in libel lawsuit in which the fair reporting privilege was expanded upon and applied in Texas.
- Mr. McCown's work has also resulted in important published opinions involving the limited purpose public figure doctrine, and the libel proof doctrine. Both opinions stand as some of the leading authorities in Texas on those issues. His experience in media law and litigation includes open records and freedom of information, pre-publication review, and newsgathering torts.
- Texas Tech University School of Law, 1993, Doctor of Jurisprudence, magna cum laude
- New Mexico State University, 1990, B.B.A., Finance
Areas of Practice
Commercial and Contract Litigation – Banking and Securities Litigation – Real Estate Litigation – Media Law – Trade Secrets Litigation