Mr. Jung serves as chair of Strasburger's Appellate and Zoning & Land Use practices and as a member of the firm's Governmental Law and Health Law practice groups.  He is a Fellow of the American Academy of Appellate Lawyers, and is listed among Texas Monthly's top 100 "Super Lawyers®" in Texas and among D Magazine's "The Best Lawyers in Dallas," both in the area of appellate law, in Chambers USA’s America's Leading Lawyers for Business (2009 ed.) as an appellate specialist, and in The Best Lawyers in America (2009 ed.) in the appellate and commercial litigation specialty areas and in The Best Lawyers in America (2010 ed.) in the appellate, bet-the-company litigation, commercial litigation, and administrative law specialty areas.

REPRESENTATIVE APPELLATE EXPERIENCE (2006 - 2009)

• Reversal of a $10.2 million judgment against a Carrollton-based technology company.  M&A Technology, Inc. v. iValue Group, Inc., 295 S.W.3d 356 (Tex. App. -- El Paso 2009,  pet. filed).  Joining the client's legal team after an adverse jury verdict, Mr. Jung convinced the Court of Appeals that the plaintiffs' damage models were purely speculative because the plaintiff was a new and unproven business with no track record of profits and no objective proof of future profitability.
• Affirmance of a $6 million judgment in an eminent domain case involving a Travis County ranch with special certifications for organic non-hormonal cattle production.  State of Texas v. Harrell Ranch, Ltd., 268 S.W.3d 247 (Tex. App. – Austin 2008, no pet.).  Joining the client’s legal team after a favorable jury verdict, Mr. Jung successfully resisted the State’s claims that our client’s access to remainder tracts had not been impaired, that lost profits from the forced premature sale of the herd were not recoverable, and that the jury had awarded excessive damages.
• Reversal of a judgment against our client in a case involving the termination of a billboard lease.  Dallas County Community College District v. Clear Channel Outdoor, Inc., 2008 WL 3307085. No. 05-07-00701-CV (Tex. App. - Dallas July 31, 2008, pet. denied) (mem. op.).  Joining with the firm's Zoning and Land Use group after an adverse summary judgment, Mr. Jung persuaded the Court of Appeals that our client had not inversely condemned the lease and signs, but was instead a third-party bona fide purchaser of the underlying property and thus had the right to terminate the lease under its terms. 
• A $1 million appellate judgment in favor of a commercial mortgage servicer under a fee agreement relating to bank deposits.  ORIX Capital Markets, L.L.C. v. Washington Mutual Bank, 260 S.W.3d 620 (Tex. App. - Dallas 2008, no pet.).  Partnering with the client's in-house counsel in the briefing process and arguing the case on appeal, Mr. Jung helped convince the Court of Appeals to reverse a summary judgment that our client had not "maintained" the deposits because a third party owned the funds.
• Significant partial reversal of a judgment against an ambulatory surgery center in connection with a marketing agreement for laparoscopic gastric banding surgery.  Plano Surgery Center v. New You Weight Management Center, 265 S.W.3d 496 (Tex. App. - Dallas 2008, no pet.).  Although the Court of Appeals upheld the marketing agreement, it reversed approximately 60% of the judgment against our client, holding that alleged negligent misrepresentations were in fact oral promises not actionable in tort.  Mr. Jung worked with the client's trial counsel to prepare the briefs and argued the case on appeal.
• Reversal of a $6 million federal court fraud judgment against a chain of chiropractic clinics. Allstate Insurance Co. v. Receivable Finance Co., 501 F.3d 398 (5th Cir. 2007). Joining the client’s legal team after an adverse verdict as lead appellate counsel on the key fraud and damage issues, Mr. Jung persuaded the Fifth Circuit that there was no evidence that the plaintiffs actually relied on any allegedly fraudulent statements, and no evidence of the amount of damages the plaintiffs incurred as a result of such reliance.
• Complete reversal of a $25 million state antitrust judgment against our client based on "calendar marketing agreements" in the soft drink industry. Coca-Cola Co. v. Harmar Bottling Co., 218 S.W.3d 671 (Tex. 2006). Working as part of a multi-firm, multi-client team from before trial through disposition in the Supreme Court, Mr. Jung helped convince the Texas courts that there was no actionable effect on competition affecting Texas consumers.
• Reinstatement by the Supreme Court of a summary judgment in favor of a North Texas municipality in a Tort Claims Act case. City of Grapevine v. Sipes, 195 S.W.3d 689 (Tex. 2006). The Court held that the delayed installation of a traffic signal at a dangerous intersection did not fall with a statutory exception for the "absence, condition, or malfunction" of a traffic control device. Mr. Jung argued the case in the Supreme Court.
• Reversal of a judgment holding that our client had not properly exercised a right of first refusal for an undivided interest, valued at $42.75 million, in a West Texas power plant. City of Brownsville v. Golden Spread Electric Cooperative, Inc., 192 S.W.3d 876 (Tex. App. -- Dallas 2006, pet. denied). Joining the client's team shortly before the trial court judgment, Mr. Jung ultimately persuaded the appellate court that an allegedly invalid indemnity clause in our client's purchase contract was severable and did not invalidate the exercise of the right of first refusal.
• Mandamus relief requiring the Garland City Council to call a 2006 general municipal election. In re Quintanilla, 2006 Tex. App. LEXIS 2281, No. 05-06-00297-CV (Tex. App. -- Dallas Mar. 24, 2006, orig. proceeding) (mem. op.). Representing a group of candidates (taking the lead on behalf of a broader group of Garland citizens), Mr. Jung persuaded the appellate court that a 2004 amendment to the Garland City Charter, shortening term lengths to two years, applied to the seats filled in the 2004 election.

GOVERNMENTAL LAW EXPERIENCE

• Service as Board Attorney for Dallas County Schools, a county school district providing transportation and other services to independent school districts in Dallas County and elsewhere.
• Representation of the City of Farmers Branch in litigation concerning its ordinances restricting rental housing for illegal immigrants.
• Successful representation of the City of Brownsville Public Utilities Board in appellate litigation concerning a power plant purchase (see above).
• Successful representation of the Dallas County Community College District in class action litigation challenging assessment and collection of technology fees and increased student services fees.
• Successful representation of the Dallas Housing Authority in litigation challenging construction of public housing in far North Dallas.
• Successful representation of the City of Sherman in litigation concerning a proposed initiative petition regarding solid waste franchises.
• Successful representation of citizens of Balch Springs seeking a recall election for certain seats on the Balch Springs City Council.
• Representation of the Dallas Independent School District in multi-decade school desegregation litigation.

PUBLICATIONS AND PRESENTATIONS

Appellate, civil procedure, evidence, land use, and tort law presentations for State Bar of Texas (1985, 1989, 1992, 1994, 1997-2002, 2006); Collin County Bar Association Appellate Section (2007); Dallas Bar Association Appellate Law Section (1995, 2006); Tarrant County Bar Association Appellate Law Section (2003); Texas Association of Defense Counsel (1988, 1992-96, 2000); Texas Civil Justice League (1998); University of Texas School of Law (1994-96, 2004, 2008); SMU School of Law (1995); University of Houston Law Foundation (1994); Federal Bar Association (1987-93); Dallas Bar Association (1990); Continuing Education Services (1987-88); Baylor University Law School (1988); Texas Motor Transport Association (1987).

Panelist, Problems in Determining Federal Law, American Academy of Appellate Lawyers, Spring Meeting (2009).

Effective Appellate Advocacy – The Appellant's Viewpoint, Collin County Bar Association Appellate Section (2007). Click here to access the paper in Adobe PDF.

Appellate Relief, State Bar of Texas Annual Advanced Civil Appellate Course (2006). Click here to access the paper in Adobe PDF.

Settlement Pending Appeal, Dallas/Tarrant County Bar Association Joint Appellate Seminar (2003). Click here to access the outline in Adobe PDF.

SELECTED ACCOMPLISHMENTS

Named among Best Business Lawyers in Dallas in Appellate by D Magazine (June 2009).

Fellow of the American Academy of Appellate Lawyers

Texas Association of Defense Counsel, President’s Award (1992, 1997)

Law Clerk to Hon. Patrick E. Higginbotham, United States District Court for the Northern District of Texas (1979-80)

Current service on the Boards of Directors of the Texas Land Conservancy; the Texas Creative Problem Solving Organization; King of Glory Lutheran Church [congregation council]; the White Rock Lake Museum; and the White Rock Neighborhood Association; prior service on the boards of Texas Neighborhoods Together; the Dallas Homeowners League; and the Friends of Fair Park.

Computer simulation for Space Shuttle reentry guidance system, Charles Stark Draper Laboratory, Inc. (1975-76)

PROFESSIONAL AFFILIATIONS

Admitted, Texas; Admitted, U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas; Admitted, U.S. Courts of Appeals for the Fifth, Sixth, Eighth, Ninth, Tenth and Eleventh Circuits; Admitted, U.S. Supreme Court; Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization.

Texas Association of Defense Counsel (Practice and Procedure Committee Vice-Chairman 1985-87; Amicus Curiae Committee 1986-97 [Chairman 1991-97]; Regional Vice-President 1993-95; Administrative Vice-President 1995-97; Nominating Committee, 1998, 2000, 2001).

State Bar of Texas, Pattern Jury Charges (Civil) Committee (1995-96); State Bar of Texas Appellate Section; Bar Association of the Fifth Federal Circuit; Dallas Bar Association Appellate Law Section (Chairman 1995); Supreme Court of Texas Task Force on the Jury Charge (1991-94).

Committee for a Qualified Judiciary (1992-present); Dallas City Plan and Zoning Commission (1987-89, 1991); Dallas Zoning Ordinance Advisory Committee (1985-2005); forwardDallas! Comprehensive Plan Advisory Committee (2004-06); Dallas Charter Review Commission (2002-03); Dallas Ethics Review Task Force (1999).

EDUCATION

Harvard University, J.D. (magna cum laude) 1979
Massachusetts Institute of Technology, S.B. degrees (Mathematics; Earth and Planetary Sciences) 1975