Paul E. Bullington
Partner
EMPLOYMENT:
Wall, Bullington & Cook, LLC, New Orleans, Louisiana.
March 2001 to present.
Practice principally consists of complex litigation, business and real estate.
Gordon, Arata, McCollam, Duplantis & Eagan, L.L.P., New Orleans, Louisiana.
August 1985 to March 2001.
Partner in commercial litigation section of 35 attorney business law firm. Practice principally consisted of business litigation, commercial real estate and general business law. Administrative responsibilities included membership on Compensation Committee (nine years), which was responsible for setting partner compensation, and Chair of Technology Committee (six years).
Louisiana Supreme Court, Law Clerk for Chief Justice John A. Dixon, Jr. August 1984 to July 1985.
EDUCATION:
Paul M. Hebert Law Center, Louisiana State University, Baton Rouge, Louisiana. Juris Doctorate, May 1984. Order of the Coif.
Tulane University, New Orleans, Louisiana. B.A. Economics, cum laude, May 1981.
ASSOCIATIONS:
Louisiana (1984) and Texas (1994) State Bar Associations. U.S. Fifth Circuit Court of Appeals, U. S. District Courts for the Eastern, Middle and Western Districts of Louisiana and the Southern District of Texas. American Bar Association, Section of Litigation, Committee on Corporate Counsel and Commercial & Business Litigation Committee.
MISCELLANEOUS:
Visiting Instructor, Loyola University Law School.
Past President of the Board of Directors of NAMI-New Orleans, a local charity that provides services to the mentally ill.
Representative Engagements:
The following is a brief sample of some engagements I have handled along with a list of representative clients that I or we as a firm have represented:
1. Beal Bank, S.S.B., Dallas, Texas.
I have represented this client in numerous litigation matters involving commercial properties throughout Louisiana, including in New Orleans, Metairie, Baton Rouge, Shreveport, and Monroe. These engagements have involved acquisitions, workouts, foreclosures and bankruptcy proceedings pertaining to large multi-family apartment complexes. Through these engagements, I have negotiated and worked with commercial real estate companies around the country and the Department of Housing and Urban Development.
2. First City, Texas, N.A., Houston, Texas.
During the early 1990s, I was engaged by First City, Texas, N.A., along with other members of my prior firm, to temporarily act as in-house counsel while the bank set up a legal department. My duties included handling regulatory issues, managing outside litigation, reporting to the general counsel and other senior executives on strategic issues, preparation of a policies and procedures manual, preparation of a wide variety of financing documents and other agreements, and advising bank personnel on day-to-day questions and litigation avoidance. This project lasted approximately two years.
3. The Money Store Investment Corporation, Sacramento, California.
I advised this national firm on all legal aspects of its entry into the Louisiana market, including preparation of custom loan documents, enforcement of security instruments consistent with Louisiana law, and the prerequisites and guidelines for various loan programs through the Small Business Administration.
4. The Louisiana Land & Exploration Company v. First City National Bank of Houston, New Orleans, La.
This lawsuit was brought by The Louisiana Land & Exploration Company against my client, First City National Bank of Houston, for alleged breach of a promissory note sale agreement that involved the transfer of over $25 million in real estate mortgages. I defended First City National Bank of Houston and filed a counterclaim to enforce its rights under the note sale agreement. This case was settled after a hearing on a motion for summary judgment that I filed and argued on behalf of our client.
5. United States of America v. Drumm, et al. consol. w/Drumm et al. v. Secretary of Housing and Urban Development and Beal Bank, S.S.B., United States District Court for the Middle District of Louisiana.
In this matter, I was lead trial and appeal counsel for a Texas bank in an action brought against it and the Department of Housing and Urban Development in which the plaintiffs attacked an auction of commercial mortgage notes valued at $150,000,000. The plaintiffs alleged "bid-rigging" and other irregularities with the auction. The claims against my client were dismissed based on a motion for summary judgment and that judgment was affirmed following an appeal to the United States Fifth Circuit Court of Appeals.
6. Ashby and Mack v. Guillot, et al, New Orleans, La.
In this commercial collection case, I was lead trial and appeal counsel for creditors suing on a real estate note signed in connection with the sale of a 104 unit apartment complex. The defendants alleged that as limited partners they were not personally liable and urged a variety of defenses, including fraud and mistake, and filed a counterclaim against our clients. After a three day trial, an appeal and a writ application to the Louisiana Supreme Court, our clients prevailed and were paid in full. A Louisiana Fourth Circuit Court of Appeal decision in this case is reported at Ashby v. Guillot, 593 So.2d 668 (La. App. 4th Cir. 1992).
7. St. James Bank & Trust Company, St. James Bancorporation, Lutcher, Louisiana.
I counseled this bank and bank holding company during the course of a protracted and heated dispute between two factions of the board of directors over control of the bank. During the course of my representation of the bank and holding company, a lawsuit was filed by seven directors attacking the results of a stockholders' meeting and the election of directors. I was lead counsel for the bank, the holding company and the president of the bank. After a two day preliminary injunction trial and a four day trial on the merits, judgment was rendered in favor of my clients. The case was settled while pending on appeal.
8. Securities and Exchange Commission Investigation of Alleged Insider Trading, Northeast Regional Office, New York, N.Y.
In this investigation of alleged insider trading by the Securities and Exchange Commission ("S.E.C."), I was lead counsel for a local company. During the course of the investigation, we conducted an internal investigation of the company, responded to S.E.C. subpoenas, represented the company during government interviews of company employees and advised the company on all aspects of the investigation. Although the S.E.C. filed a complaint against 11 defendants, including a former employee of my client, the client was not named as a defendant.
9. Raymond James Financial Corporation, St. Petersburg, Florida.
I advised this national securities firm on a number of issues arising in Louisiana, including the likely impact on the securities industry of various class action securities cases pending in Louisiana and the arbitration of customer complaints before the National Association of Securities Dealers.
10. First National Bank of Jefferson Parish, et al v. Collecting Bank, N.A., et al, United States District Court for the Eastern District of Louisiana.
In this action, I defended a national bank, located in Houston, against claims for declaratory judgment, injunctive relief and damages and also represented the bank on counterclaims to enforce debentures securing over $15 million loaned for the purchase of common stock of the plaintiff bank's holding company. I later represented the Federal Deposit Insurance Corporation as successor to our client. This case was settled.
11. Enforcement Proceeding Before The Office of The Comptroller of the Currency.
I represented the president, director and majority shareholder of a national bank and bank holding company in an investigation and enforcement proceeding by The Office of The Comptroller of the Currency.
12. i-Corp Group, Inc., Metairie, Louisiana.
This is a real estate investment company that I have assisted in all legal aspects of its business, including the capitalization and formation of the company, acquisition of four multi-family properties in the New Orleans area ranging in size from 100 units to 250 units, preparation of contracts with vendors, and various bank and investor financing. The financing associated with these acquisitions exceeds forty million dollars.
13. In re Prudential Bache Energy Growth Funds Securities Litigation, Harris County, Texas.
In this matter, I was lead counsel for the former chief executive officer and other current and former officers of a national bank holding company in several related actions pending in Texas state court. The plaintiffs, numbering over 2,000, alleged that our clients conspired with numerous other defendants to defraud them in connection with the sale of securities. The claims against our clients were dismissed.
14. EP Operating Limited Partnership v. Placid Oil Company, et al, United States District Court for the Eastern District of Louisiana and the United States Court of Appeals for the Fifth Circuit.
In this action for partition, I was lead counsel for the plaintiff, a co-owner of a 52 mile oil and gas pipeline system located in the Gulf of Mexico. The district court dismissed our case for lack of subject matter jurisdiction. After an appeal to the Fifth Circuit Court of Appeals that I argued, the district court dismissal was reversed and the case was remanded to the district court. Following remand the case settled. The Fifth Circuit decision is reported at EP Operating Limited Partnership
v. Placid Oil Company, et al, 26 F.3d 563 (5th Cir. 1994).
15. Mid City Bowling Lanes & Sports Palace, Inc. v. CBS Corporation, et al, New Orleans, Louisiana.
In this action for trademark infringement and dilution, I defended CBS Corporation and other corporate defendants against the plaintiff’s efforts to enjoin the airing of a cable television program and claims for damages.
16. Other Clients.
The following clients have been represented by me or my firm in litigation or transactional matters: Acadia Bank and Trust, Anadarko Petroleum Corporation, Bank of America, N.A., Bass Enterprises Production Company, British-Borneo Exploration, Inc., CBS Corporation, Central Progressive Bank, Cox Cable New Orleans, Enserch Corporation, New Iberia Bancorp, Inc., Regions Mortgage, Inc., Rayne State Bank, Republic Credit Corporation, Resolution Trust Corporation, Sempra Energy, Southwest Bank and Trust, Taylor Energy Company, Torch Operating Company and XCL, Ltd.