Tricia R. DeLeon

Overview

Tricia DeLeon is a litigator in Holland & Knight's Dallas office with more than 25 years of first-chair trial and arbitration experience primarily representing lenders, private equity funds and real estate investment companies and trusts. She has been recognized as one of the Top 50 Women Attorneys in Texas by Texas Super Lawyers magazine. Ms. DeLeon is a tenacious, effective advocate in the courtroom. She has tried dozens of jury and bench trials, adversary proceedings and arbitrations. She has also successfully resolved more than 350 cases before or during mediation.

Ms. DeLeon routinely defends brokerage firms being investigated by Financial Industry Regulatory Authority (FINRA), and leads litigation related to FINRA arbitrations, investment fraud matters, Form U5 terminations and the U.S. Securities and Exchange Commission's (SEC) Regulation Best Interest (Reg BI) violations. Ms. DeLeon also serves as a FINRA arbitrator.

Ms. DeLeon is frequently hired to defend financial institutions in lender liability lawsuits or other alleged breaches of contracts and fiduciary duties. She advises lenders dealing with distressed borrowers; breach of promissory notes, personal guaranty and asset purchase agreement actions; double presentment claims; fraud and negligent misrepresentation claims; securities actions; consumer complaints; intercreditor agreement disputes; regulatory enforcement; and banks' trusts and estates disputes. She proudly serves as a faculty member for the American Bankers Association's annual Advanced Commercial Lending School.

Ms. DeLeon also represents clients faced with existing or potential litigation in the healthcare, technology, real estate and transportation industries. For instance, she currently counsels healthcare providers, managed care organizations, telemedicine solution providers, trust departments, pension funds, private equity funds, global technology companies, real estate investors and transportation-related companies in the private and government sectors.

Before entering private practice, Ms. DeLeon was a briefing attorney for the Supreme Court of Texas for the Honorable James A. Baker.

Representative Experience

Defended a national financial institution and regional bank in approximately 50 consumer-based lawsuits and certain class actions brought pursuant to the Truth in Lending Act (TILA), Equal Credit Opportunity Act (ECOA) and claims under Articles 3, 4, 4A and 9 of the Uniform Commercial Code (UCC)
Pursued a national bank's recovery of $26 million for a breach of commercial borrower's guarantee and defended against commercial foreclosure action
Defended a national bank in customer dispute regarding whether customer could be reimbursed for alleged, fraudulent withdrawals when customer agreed to use commercially reasonable security procedures to accept automated clearing house (ACH) debits; bank prevailed on summary judgment and appeal
Defended a national bank against consumer's alleged conversion and forged endorsement claims
Defended a community bank against allegations of unauthorized wire transfers from customer's account via phishing scheme
Defended a national bank in lawsuit where customer alleged that the bank permitted the authorized withdrawal of funds from corporate account by an officer who was removed by company bylaws
Advised and resolved a community bank dispute where customers accused bank of negotiating checks that included contradictory terms for the payees
Obtained summary judgment for a national bank where its customer failed to monitor monthly statements and report alleged fraud by CFO
Obtained summary judgment and sanctions against customer who alleged conversion against a national bank for forged endorsements; obtained testimony in plaintiff's deposition which established plaintiff was responsible for forgeries
Defended a regional bank and a professional employer organization (PEO) in holder in due course disputes and defended against double-presentment claims per 12 CFR Part 229 (Reg. CC)
Defended a wealth management firm in alleged multimillion-dollar breach of fiduciary duty action and related probate and family court disputes; successfully resolved all matters within six months and client recovered all attorneys' fees
Lead counsel for a national bank in prosecuting breach of aircraft lease and personal guaranty; client was paid in full
Successfully defended a broker-dealer in Financial Industry Regulatory Authority (FINRA) arbitrations where investors alleged that recommended investments were unsuitable for the investors' risk profiles
Represented a financial institution in a FINRA injunctive relief proceeding where the client prosecuted claims of trade secret theft and breach of noncompete covenants against a representative attempting to migrate business to a competitor
Defended a broker-dealer against a terminated registered representative's claims of wrongful termination, defamation and tortious interference with prospective contract claims, and defended brokerage firm in separate expungement hearings on the representative's FINRA Form U5 termination notice, visible on public reports
Arbitrator for FINRA matters involving disputes concerning broker-dealers' Regulation Best Interest violations, broker-dealer versus terminated employees in the alleged theft of customers investing in 1031 Delaware Statutory Trusts, and injunctive relief and related emergency hearings concerning theft of broker-dealer trade secrets
Successfully defended a public retirement and 401(k) administrator against fraud, negligent misrepresentation and Texas Deceptive Trade Practices Act (DTPA) violations; client prevailed in its motion to compel arbitration of all claims
Defended a community bank in dispute where customer alleged that a bank accepted checks not conforming with restrictive indorsements
Lead arbitration counsel for a private equity fund to enforce a multimillion-dollar breach of promissory note and asset purchase agreement; client was awarded full relief in virtual final hearing
Co-lead counsel for a national bank in a quiet title dispute where trust beneficiaries had an interest in commercial property; successfully resolved matter with the alleged owner/retail chain

Represents a public real estate investment trust (REIT) in post-foreclosure remedies, including prosecution of breached, multi-million guaranty agreements
Represents a public, multistrategy real estate finance company that originates, acquires and finances loans backed by commercial real estate; handle all litigation including enforcing borrower and guarantor obligations; threatening foreclosure and prosecuting same; and demanding that necessary tenant repairs be made
Defended global alternative real estate asset managers for office, retail, logistics and multifamily development; handle all litigation related to company's national shopping centers, including enforcement of delinquent rent, evictions and arbitration related to same
Represented a real estate investment company in pursuing three guarantors who breached contractual obligations to cure borrowers' defaults and waste upon commercial parking lot
Defending two commercial tenants in separate litigation against landlords who breached Texas leases and implied warranty of suitability for failure to disclose and remediate asbestos, failure to maintain constant air conditioning in summer months and failing to maintain reasonable security upon premises
Defended a national fast-casual restaurant chain in all lease negotiations and litigation regarding late rent during the COVID-19 pandemic; successfully resolved all disputes and avoided judgment
Defended a multifamily developer against court-appointed receiver's injunctive relief proceedings
Defended a commercial landlord against a tenant's alleged fraudulent inducement claims and request to rescind a lease agreement
Represented a national bank and successfully foreclosed upon collateral in a multimillion-dollar commercial development
Advised and represented a commercial landowner in adverse possession and title dispute
Represented a national nonprofit organization in negotiating the sale of decedents' transferred mineral rights
Represented and settled a real estate development dispute against a surveying company for incomplete and incorrect survey results
Represented a global manufacturer in a lawsuit where the commercial landlord demanded certain tenant improvements were fixtures that should remain on the premises after lease terminated; obtained summary judgment for the client
Defended a national title insurance company in a class action where consumers alleged Truth in Lending Act (TILA) violations

Lead counsel for a managed care organization (MCO) in a four-week arbitration where provider alleged approximately $100 million in lost profits from terminated agreement
Representing a telemedicine solution provider in breach of contract and theft of intellectual property dispute with a discount plan organization
Obtained dismissal for an MCO against a trade association of primary care doctors and related company's claims for tortious interference and derivative civil conspiracy and declaratory relief claims
Favorably resolved multiple disputes in arbitration for an MCO against hospitals alleging underpayment of healthcare services rendered to Medicaid patients
Obtained summary judgment for an MCO against multiple providers alleging underpaid claims totaling more than $7 million
Represented a healthcare entity during an Office of Inspector General (OIG) investigation based on entity's decisions related to medical necessity
Lead arbitration counsel for an MCO against seven healthcare providers who allege underpayment and improper adjudication in Medicare, Medicaid and Marketplace claims
Defended a pharmacy employee in Rule 202 pre-suit deposition
Lead counsel for an MCO in appeal of an open records request involving Texas attorney general and Texas Department of Insurance (TDI); successfully resolved lawsuit in the MCO's favor
Lead counsel for a physicians' group in one-week bench trial involving breach of contract claim against a former physician/partner
Successfully defended an MCO as a creditor in a Chapter 11 against creditors' committee adversary related to release of change-in-ownership (CHOW) holds
Defend a public health care company in various non-party subpoena duces tecum and 30(b)(6) deposition requests
Prevailed in two virtual arbitrations where a healthcare payer recouped significant overpayments inadvertently made to providers
Lead counsel for a high-complexity Clinical Laboratory Improvement Amendments (CLIA) accredited laboratory to prosecute billing vendor for breach of contract, fraud and Deceptive Trade Practices Act (DTPA) violations resulting in approximately $10 million in damages
Lead counsel for an MCO in arbitration with multiple, rural hospitals alleging more than $10 million in underpayment of claims and illegal billing systems; obtained summary judgment in favor of client resulting in a take-nothing award for claimants

Lead counsel on 11 litigation matters of a technology company, including defense of a $30 million dispute for allegedly failing to perform under the parties' contracts and statement of work
Lead counsel for three digital health companies, including defense of a breach of contract and theft of alleged trade secrets
Defended an international control systems technology client involving alleged labor violations and resolved same before litigation
Defended a global provider of technology products, services and solutions in a federal and state court intellectual property dispute

Lead defense counsel for a respondent in healthcare arbitration spanning four weeks and involving approximately $100 million in dispute
Co-lead counsel for a structured settlement company in a Texas state court bench trial relating to a claim for several million dollars in attorneys' fees and costs
Lead defense counsel in a one-week bankruptcy adversary proceeding trial where Chapter 11 trustee alleged more than $3 million in fraudulent transfers and preference claims against a Dallas surgeon
Co-lead counsel for investors against a national franchisor for breach of contract and right of first refusal provisions; obtained more than $1 million judgment for clients after two-week bench trial
Lead counsel for a liquidating trustee in a week-long trial to estimate a creditors' claims alleged to be more than $17 million
Lead counsel in three adversary proceeding trials for a liquidating trustee to successfully recover preferences and fraudulent transfers
Lead counsel for a creditor in adversary proceeding to challenge and estimate debtor's pre-petition lawsuit
Lead defense counsel for a retail client in a jury trial involving a former employee; court granted directed verdict in favor of client
Lead counsel for a physicians' group against a doctor for breach of contract in week-long bench trial; testified as attorneys' fees expert
Lead defense counsel for a software company against a former employee in a jury trial; obtained take-nothing judgment in favor of client
Second-chair counsel in two-week jury trial where client alleged claims against a former employer for back-dated stock options; obtained multimillion-dollar verdict in favor of client
Lead defense counsel for a national bank in bench trial where a commercial borrower alleged breach of contract; resolved matter on appeal
First-chaired virtual, American Arbitration Association (AAA) arbitration where a private equity client prevailed in a multimillion-dollar breach of an asset purchase agreement and promissory note action
Lead arbitration counsel for a technology company where client successfully obtained emergency injunctive relief, attorneys' fees and sanctions against respondent licensor and inventor pursuant to Rule 38 of the American Arbitration Association's rules

Credentials

Education

Southern Methodist University Dedman School of Law, J.D., cum laude
DePauw University, B.A., cum laude

Bar Admissions/Licenses

Texas

Court Admissions

U.S. Supreme Court
U.S. Court of Appeals for the Fifth Circuit
U.S. Bankruptcy Court for the Northern District of Texas
U.S. Bankruptcy Court for the Eastern District of Texas
U.S. Bankruptcy Court for the Southern District of Texas
U.S. Bankruptcy Court for the Western District of Texas
U.S. District Court for the District of Colorado
U.S. District Court for the Northern District of Texas
U.S. District Court for the Eastern District of Texas
U.S. District Court for the Southern District of Texas
U.S. District Court for the Western District of Texas
All State Courts in Texas

Memberships

Dallas Bar Foundation (DBF), Board of Trustees Chair 2023; Executive Committee, 2017-Present; Justice James A. Baker Scholarship Committee and Sarah T. Hughes Diversity Scholarship Selection Committee, 2016-Present
Dallas Bar Association, Business Litigation Section Chair, 2024; Morris Harrell Professionalism Committee Co-Chair, 2017-2018
Dallas Women Lawyers Association, Board of Directors and Mentoring Co-Chair, 2018-2019; Ally, 2022-Present
The Hockaday School, Annual Fund Committee, 2018-Present
Attorneys Serving the Community, Leadership Member, 2002-2018
Campaign for Equal Access to Justice Committee, 2015-2017
Texas Bar Foundation, Nominating Committee for District 6, 2015-2019; Life Sustaining Fellow
Thrive Women's Clinic, Board Chair, 2015-2017
William "Mac" Taylor American Inn of Court, Master, 2018-Present
Leadership Dallas, Class of 2015
Holland & Knight Women's Initiative Firmwide Chair

Honors & Awards

The Best Lawyers in America guide, Commercial Litigation, Litigation - Banking and Finance, 2024, 2025
Texas Super Lawyers magazine, 2014-2024; Top 100: Dallas/Fort Worth, 2024; Top 50: Women Attorneys in Texas, 2018-2019, 2024
Holland & Knight Pro Bono All-Star, 2020, 2021
Presidential Citation, 2018 Day of Civility, Dallas Bar Association
Mentor of the Year Award, Dallas Association of Young Lawyers, 2016
Pro Bono Coordinator of the Year Award, Dallas Volunteer Attorney Program, 2013
The Order of the Barristers

Multimedia

Financial Services Litigation Crystal Ball: Trends & Risks

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