Toni Scott Reed is a trial attorney who litigates cases and counsels clients in the area of business litigation and commercial matters.  One area of her practice focuses on complex coverage disputes, fidelity bond and surety matters, and construction disputes and litigation.  Ms. Reed also focuses on banking disputes and litigation, trust and estate litigation, general fiduciary disputes and litigation, contract disputes, and business torts.

REPRESENTATIVE EXPERIENCE

• Obtained dismissal of putative class action lawsuit alleging misappropriation of identity in COLI policy context by 12(b)(6) motion, as well as affirmation of dismissal on appeal to the United States Court of Appeals for the Fifth Circuit Court.
• Obtained summary judgment to foreclose mechanic's lien and to defeat city's claim of immunity from suit in construction dispute, as well as affirmation of denial of immunity claim on appeal to the Dallas Court of Appeals.
• Obtained summary judgment in favor of insurer in commercial crime policy dispute involving employee dishonesty claim and policy limit.
• Obtained defense verdict after bench trial on breach of contract claims in complex commercial dispute.
• Obtained dismissal prior to class certification of nationwide consumer class action against lender alleging violations of RESPA.
• Obtained voluntary withdrawal of class-certification allegations and complete settlement of nationwide class action against mortgage company alleging RESPA violations.
• Obtained summary judgment in favor of fiduciary on complex fiduciary litigation matter.
• Obtained summary judgment in favor of surety and denial of government entity’s plea to the jurisdiction on waiver of sovereign immunity issues.
• Obtained summary judgment on complex fidelity bond coverage dispute.
• Obtained favorable settlements for both beneficiaries and fiduciaries after significant litigation of complex probate, trust, and fiduciary disputes.
• Negotiated favorable settlements of construction disputes for owners and contractors.

PUBLICATIONS AND PRESENTATIONS

Commercial Crime Coverage for the Twenty-First Century:  Does a "Theft" Standard in Traditional Insuring Agreement (A) Broaden or Narrow Coverage for Employee Dishonesty, XIV Fidelity Law Journal 137 (2008).

Construction and Surety Law, Annual Survey, 61 SMU Law Review 706 (2008).

Trial and Jury Deliberations for Fidelity Cases, mock trials presented to the American Bar Association Annual Mid-Winter Meeting of the Fidelity & Surety Law Committee (January 2008).

Construction and Surety Law, Annual Survey, 60 SMU Law Review 839 (2007).

Preparing for and Shaping the Issues, Themes and Psychology for Trial, speech presented to the American Bar Association Spring Surety Meeting, Managing and Litigating the Complex Surety Case, for the Fidelity & Surety Law Committee (May 2007).

Construction and Surety Law, Annual Survey, 59 SMU Law Review 1079 (2006).

Ethical Practice in Federal Courts, Speech presented to Federal Court Practice, 2006.

Construction and Surety Law, Annual Survey, 57 SMU Law Review 759 (2004).

Ethical Practice in Federal Courts, Speech presented to Federal Court Practice, 2004.

Ethical and Legal Considerations in the Investigation, presented to the Gulfcoast Fidelity & Surety Institute (June 2004).

Ethical Issues Presented in the Context of Joint Representative of Principal and Surety, presented to the Gulfcoast Fidelity & Surety Institute (June 2004).

The Continuing ‘Employee’ Debate: Whose Dishonesty is Covered?, presented to the Gulfcoast Fidelity & Surety Institute (June 2003).

Construction and Surety Law, Annual Survey, 56 SMU Law Review 1353 (2003).

Construction and Surety Law, Annual Survey, 55 SMU Law Review 775 (2002).

Legal, Ethical, and Practical Considerations for an Insurer’s Witness Interviews In the Context of a Fidelity Bond or Commercial Crime Policy Claim Investigation, VII Fidelity Law Journal 1 (2001).

Bond Claims in the E‑commerce World: The Impact of the Uniform Electronic Transactions Act, the Uniform Computer Information Transactions Act, and Other Technological Developments, 36 Tort and Insurance Law Journal 735 (2001);  and presented to the American Bar Association Annual Mid‑Winter Meeting of the Fidelity & Surety Law Committee (January 2001).

Employee Theft v. Manifest Intent: The Changing Landscape of Commercial Crime Coverage, 36 Tort And Insurance Law Journal 43 (2000); and presented to the Surety Claims Institute (Summer 2000).

Trying to Try the Complex Employee Dishonesty Claim: Motions for Summary Judgment; Discovery and Evidentiary Issues; and the Court’s Charge, unpublished paper presented to the American Bar Association Annual Mid-Winter Meeting of the Fidelity & Surety Law Committee (January 2000).

Recurring Questions in Loan Loss Coverage Cases, V Fidelity Law Journal 103 (1999).

When an Outsourced Employee Steals from an Insured, Is there Crime Policy Coverage?, ABA Annual Meeting (1998).

Interpretation, Construction, and Reformation of the Commercial Crime Policy, Commercial Crime Policy (ABA 1997).

Superpowers of Federal Regulators: How the Banking Crisis Created an Entire Genre of Bond Litigation, 31 Tort and Insurance Law Journal 817 (co-author, 1996).

Flight Attendant Furies: Is Title VII Really the Solution to Hiring Policy Problems?, 58 Journal of Air & Law Commerce 267 (1992).

SELECTED ACCOMPLISHMENTS

Texas Monthly  “Super Lawyer”; Texas Monthly “Rising Star”

PROFESSIONAL AFFILIATIONS

Admitted, Texas; Admitted, U.S. District Court for the Northern, Southern, Eastern and Western Districts of Texas; Admitted, U.S. Court of Appeals for the Fifth Circuit.

Dallas Bar Association Construction Law and Business Litigation Sections; State Bar of Texas Construction Law Section; American Bar Association (Tort and Insurance Practice Section, Fidelity & Surety Law Committee, Forum on the Construction Industry); Dallas Association of Young Lawyers (Alumni – Leadership Class).

COMMUNITY INVOLVEMENT

Attorneys Serving the Community (ASC), Co-Chair 2002-2003, 2003-2004; Charity Screening Committee 2005, 2006.

Dallas Heart Ball, Board of Directors (1998-2002).

Make-A-Wish Foundation, Wish Night founding committee chair.

EDUCATION

Southern Methodist University, J.D. (cum laude) 1993; SMU Law Review Association; Order of the Coif; Associate Symposium Editor, Journal of Air Law and Commerce; Hatton W. Sumners Scholar

Southern Methodist University, B.B.A. and B.A. (summa cum laude) 1990; M Award; Beta Gamma Sigma