Overview

Tricia DeLeon is a trial attorney in Holland & Knight's Dallas office with more than 20 years of business litigation experience and has been recognized as one of the Top 50 Women Attorneys in Texas in 2018 and 2019 by Texas Super Lawyers magazine. Ms. DeLeon has first-chaired multiple jury and bench trials, adversary proceedings and is lead counsel on numerous arbitrations with the American Arbitration Association (AAA), American Health Law Association (AHLA), Financial Industry Regulatory Authority (FINRA) and private arbitrations. She is also a FINRA arbitrator.

Ms. DeLeon routinely represents clients faced with current or potential litigation in the financial services, healthcare and transportation industries. She has recently counseled healthcare providers, managed care organizations, telemedicine solution providers, financial institutions of all sizes, trust departments, pension funds, private equity funds, real estate investors and transportation-related companies in the private and government sectors. She is known for being responsive, hard-working, listening and understanding clients' particular business, uncovering potential risks and offering practical solutions as well as collaborating with her clients' team to achieve practical results. She is a tenacious, effective advocate in the courtroom and during high-stakes negotiations. Ms. DeLeon has successfully resolved more than 200 cases before or during mediation.

Ms. DeLeon is frequently hired to advise financial institutions in lender liability lawsuits and class actions. She routinely tracks lender liability cases filed nationwide. Ms. DeLeon assists lenders with internal fraud investigations, bank deposit disputes, double presentment claims, breach of fiduciary duty cases, securities actions, consumer complaints, regulatory enforcement actions, Ponzi schemes, and trusts and estates disputes. She has also represented Chapter 11 trustees, litigation trusts and receivers in pursuing fraudulent transfers and preference claims pursuant to the U.S. Bankruptcy Code and the Uniform Fraudulent Transfer Act (UFTA). In addition, she is a faculty member for the American Bankers Association's annual Advanced Commercial Lending School.

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

Experience

  • Defended a 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 community bank in dispute where customer alleged that a bank accepted checks not conforming with restrictive indorsements
  • Represented a hedge fund in arbitration to enforce a multimillion-dollar breach of promissory notes
  • Obtained dismissal for a financial institution acting as an escrow agent in lawsuit alleging fraud in a related Ponzi scheme

  • Lead counsel for a managed care organization (MCO) in a four-week arbitration where provider alleged more than $120 million in lost profits from terminated agreement
  • Representing a telemedicine solution provider in breach of contract dispute with a discount plan organization
  • Obtained dismissal for a 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 a MCO against hospitals alleging underpayment of healthcare services rendered to Medicaid patients
  • Represented a healthcare entity during an Office of Inspector General (OIG) investigation based on entity's decisions related to medical necessity
  • Defended a pharmacy employee in Rule 202 pre-suit deposition
  • Lead counsel for a physicians' group in one-week bench trial involving breach of contract claim against a former physician/partner
  • Represented a MCO as a creditor in a Chapter 11 bankruptcy and defending it against creditors' committee adversary related to release of change-in-ownership (CHOW) holds

  • Lead defense counsel for a respondent in healthcare arbitration spanning four weeks and involving more than $120 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
  • 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, Board of Trustees, 2017-Present; Justice James A. Baker Scholarship Committee, 2016-Present; Grants Committee Chair, 2020
  • Dallas Bar Association, Business Litigation Council Board, 2017-Present; Morris Harrell Professionalism Committee Co-Chair, 2017-2018; Transition to Law Practice Co-Chair, 2017-2018
  • Dallas Women Lawyers Association, Board of Directors and Mentoring Co-Chair, 2018-2019
  • International Women's Insolvency & Restructuring Confederation, 2012-2017
  • Attorneys Serving the Community, Leadership Member, 2002-Present
  • Campaign for Equal Access to Justice Committee, 2015-2017
  • Texas Bar Foundation, Nominating Committee for District 6, 2015-2019
  • Human Rights Initiative, Pro Bono Committee, 2017-Present
  • Dallas Christian Legal Society, Law School Mentor, 2010-Present
  • Thrive Women's Clinic, Board Chair, 2015-2017
  • William "Mac" Taylor American Inn of Court, Master, 2018-Present
  • Leadership Dallas, Class of 2015
Honors & Awards
  • Texas Super Lawyers magazine, 2014-2019, Top 50 Women Attorneys in Texas, 2018-2019
  • Presidential Citation, 2018 Day of Civility, Dallas Bar Association
  • Rising Star, Texas Super Lawyers magazine, 2006-2010, 2013
  • Texas Future Star, Benchmark Litigation, 2013-2015
  • Mentor of the Year Award, Dallas Association of Young Lawyers, 2016
  • Pro Bono Coordinator of the Year Award, Dallas Volunteer Attorney Program, 2013
  • People on the Move, Dallas Business Journal, 2013
  • The Order of the Barristers

Speaking Engagements

News