Practices

Creditor Rights and Bankruptcy

Corporate

Litigation

Oil and Gas

Education

J.D. Harvard University School of Law, 1961

A.B. Harvard College, 1958, cum laude

Bar Admissions

State of Texas, 1961

U. S. Supreme Court

U.S. Court of Appeals, Fifth Circuit

U.S. Court of Appeals, Eleventh Circuit

U.S. District Court, Northern District of Texas

U.S. District Court, Eastern District of Texas

U.S. District Court, Southern District of Texas

U.S. District Court, Western District of Texas

Theodore Mack is a third generation Fort Worth lawyer, who has practiced in both business litigation and transactional law for over 50 years. He has a broad and diverse practice and has represented clients in numerous cases ranging from antitrust to zoning. Over the years, he has handled a wide variety of substantial real property, oil and gas, lending and other commercial transactions. As a mediator and arbitrator, he has successfully resolved numerous disputes involving substantial damages. He currently serves as an arbitrator for the American Arbitration Association, Financial Industry Regulatory Authority and the American Health Lawyers Association.

Mr. Mack is rated AV Preeminent by Martindale-Hubbell Peer Review, signifying the highest level of professional excellence and adherence to the highest ethical standards – a distinction achieved by fewer than 5% of attorneys nationwide. Mr. Mack was profiled in “Who’s Who in American Law” (3rd-8th editions). He was selected by his peers for inclusion in The Best Lawyers in America by Woodward White from 1987-1996 for Bankruptcy and Creditor-Debtor Rights. Mr. Mack was also recognized by Thomson Reuters in Texas Monthly from 2004-2005 as a Super Lawyer in the area of Alternative Dispute Resolution – signifying a high degree of peer recognition and achievement in his practice area.

For 20 years, Mr. Mack served as an officer and director of the largest independent farm equipment distributor in the Southwest while maintaining his full-time law practice.

Experience

Weaver and Tidwell, LLP v. The Guaranty Company of North America, No. 05-12-00750-CV (Tex. App.—Dallas, 2014, pet. filed)
Successfully defended major accounting firm in a $2 million professional negligence case.

J&V Communications Services, Inc. v. Weaver and Tidwell, LLP, American Arbitration Association
Obtained a take nothing judgment and an award of over $700,000 in attorneys’ fees in a professional negligence case involving accountants before the American Arbitration Association.

Corfield v. Dallas Glen Hills LP, 335 F.3d 853 (5th Cir. 2003)
Successfully argued an issue of first impression before the Fifth Circuit Court of Appeals and obtained a reversal of the trial court’s dismissal of declaratory judgment action.

In re Compton Corp., 835 F.2d 584 (5th Cir. 1988)
Successfully argued a petition for rehearing in connection with a bankruptcy proceeding.

In re Originala Petroleum Corp., 39 B.R. 1003 (Bankr. N.D. Tex. 1984)
Successfully defended an application for preliminary injunction in connection with a financing arrangement.

Larry R. George Sales Co. v. Cool Attic Corp., 587 F.2d 266 (5th Cir. 1979)
Successfully sustained a motion to dismiss for a manufacturer and distributer of attic fans in  an antitrust suit.

Mathews v. Harris Methodist, Fort Worth, No. 92-1431, United States Supreme Court
Represented Harris Methodist, Fort Worth in connection with a petition for writ of certiorari.

Dallas Glen Hills, LP v. Corfield, No. 03-1372, United States Supreme Court
Represented Liberty Corporate Capital, Ltd. in connection with petition for writ of certiorari.

FFP Partners, L.P, v. Nu-Way Oil Co. and Nu-Way Distributing Co. (Tex. App—Fort Worth 1990)
Represented Nu-Way Distributing Co. in connection with disbursement of funds held in Registry of Court.

Obst v. House Grain Company, (Tex. App.—Corpus Christi Filed amicus curiae on behalf of Texas Grain and Feed Association, in an arbitration case.

In re Braniff Airways, Inc., et al., Debtors, Case Nos. 482-03368 and 482-00369; Braniff Airways, Incorporated, Debtor and Debtor in Possession, et al. v. Southwestern Bell Telephone Co., Adversary No. 484-4163, United States Bankruptcy Court for the Northern District of Texas
Represented Southwestern Bell in connection with motion to transfer.

In re Compton Corporation, Debtor; Case No. 782-00055 Walter Kellogg, Trustee of the Estate in Bankruptcy of Compton Corporation v. Blue Quail Energy, Inc., Adversary No. 783-0076, United States Bankruptcy Court for the Northern District of Texas
Represented Blue Quail in connection with motion for dismissal and motion for judgment on the pleadings.

In re McDonald Investments, Inc., et al., Debtors, Case No. 781-00061; The Official Committee of Disputed Litigation Creditors v. Jay M. Vogelson and the Law Firm of Moore & Peterson, et al., Misc. No. 7-216, United States District Court for the Northern District of Texas
Represented The Official Committee of Disputed Litigation Creditors in appeal from bankruptcy Court order.

In re Bobby Mascle Johnson, et al., Alleged Bankrupt; In re Anita Johnston, Debtor and James W. Dugger, Operating Receiver v. Albert Arnold, et al., No. CA 7-78-60, United States District Court for the Northern District of Texas
Represented James W. Dugger, Operating Receiver, in appeal from judgment.

In re Petro-Tech Production, Inc., Debtor, Case No. 484-40943, United States Bankruptcy Court for the Northern District of Texas
Represented Larry Morgan in  motion for relief from stay.

In re Robintech Incorporated, Debtor, Case No. 483-00558, Robintech Incorporated v. HULTEC, Adversary No. 484-4334, United States Bankruptcy Court for the Northern District of Texas,
Represented Hules Tecnicos S.A. in connection with motion to dismiss.

Overton Bank & Trust, N.A., et al. v. William C. Schaad, et al., No. 2-92-141-CV, Second Court of Appeals of Texas
Represented Overton Bank & Trust in connection with interlocutory appeal from a temporary injunction.

Southwestern Bell Yellow Pages, Inc. v. Tad Brown d/b/a Sunbelt Insulation & Roofing Co., No. 2-93-00067-CV, Second Court of Appeals of Texas
Represented Southwestern Bell Yellow Pages, Inc. in appeal from final judgment.

Publications

“Some Thoughts on Mentoring,” The Bencher (January 2004)

“Manna From Heaven: The Virginia Company Litigation,” Texas Bar Journal (April 1963)

Presentations

Your Contractual Obligations in Texas, Texas Grain & Feed Association

Contracts, Trade Rules, Customs, Arbitration—The Nuts and Bolts of the Grain Trade, Texas Grain & Feed Association, Panhandle Grain & Feed Association, Texas Cattle Feeders Association, and National Grain & Feed Association

Cooperative Directors’ Duties, Responsibilities, and Liabilities, Texas Agricultural Cooperative Council

How to Build Protection Into Your Contract, Risk Management Seminar for Wheat Producers

Professional Ethics in 2008, International Seminar, State Bar of Texas Bankruptcy Law Section, Barcelona, Spain

Community

Director, Presbyterian Night Shelter (1991-1997)

Director, Family & Individual Services Association (1981-1983)

Treasurer, Senior Citizens Centers, Inc. (1981-1982)

Trustee, Fort Worth Country Day School (1976-1982)

Co-President, Friends of the Fort Worth Public Library (1980)

President, Beth-El Congregation, Fort Worth, Texas (1975-1977)

Third Vice President, Jewish Federation of Fort Worth (1968-1969)

Director, Suicide Prevention of Tarrant County (1963-1964)

Leadership Fort Worth (1974-1975)

Rotary Club of Fort Worth

Torch Club

Harvard Clubs of Boston and New York City

 

Professional Recognition

Rated AV Preeminent, Martindale-Hubbell Peer Review

The Best Lawyers in America by Woodward White for Bankruptcy and Creditor-Debtor Rights (1987-1996)

Super Lawyer in Alternative Dispute Resolution by Thomson Reuters, Texas Monthly (2004-2005)

Master of the Bench (Emeritus), John C. Ford Inn, American Inns of Court

President, Harvard Law School Association of Texas (1976-1977)

Chairman, 7th District Grievance Committee (1972-1973)

Vice President, Fort Worth-Tarrant County Junior Bar Association (1963)

Memberships

State Bar of Texas

Tarrant County Bar Association

American Bar Association

Sustaining Life Fellow, Texas Bar Foundation

Life Fellow, Tarrant County Bar Foundation

Bar Association of the Fifth Federal Circuit

Association of Attorney Mediators

Association for Conflict Resolution