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When working with in-house counsel, I formulate and pursue a strategy for each case that best serves the client’s ultimate business objectives.  Because of my track record as a trial lawyer, these objectives are often achieved without my clients ever setting foot in a courtroom.

Primary Practice:

Evan A. Moeller is an accomplished commercial and financial services litigator.  He has tried cases in both state and federal courts, as well as before multiple arbitral tribunals, representing businesses and high net-worth individuals in financial services, fiduciary, energy, construction, and real estate litigation. 

In addition to his litigation practice, Evan regularly counsels financial institutions in legal process compliance, deceased customer operations, and governmental investigations. 

Legal Process Compliance

Evan regularly assists financial institutions with developing and improving their legal order processing policies and procedures and has substantial experience advising clients in responding writs of garnishment, receivership orders, subpoenas, tax levies, child support levies, seizure warrants, restraining orders, and injunctions.  Evan also frequently represents financial institutions as a disinterested stakeholder in state and federal courts. 

Deceased Customer Operations

Evan also counsels financial institutions in developing and improving their deceased customer policies and procedures and has significant experience advising clients on the proper distribution of money and other property pursuant to wills admitted to probate as a muniment of title, small estate affidavits, and declarations of heirship.  Evan also routinely represents financial institutions as a disinterested stakeholder in probate and guardianship proceedings.  

Governmental Investigations

Evan has considerable experience in assisting financial institutions in responding to Grand Jury Subpoenas in both state and federal investigations of white-collar financial crimes.  Evan also represents employees of financial institutions in witness interviews and under subpoena to testify in criminal trials. 

Presentations

  • Essential Tips for In-House Counsel to Better Manage and Prevent Litigation: An Old-Fashioned Texas Trial Attorney Shares Lessons Learned from a Decade of Financial Services Litigation, Featured Speaker, San Francisco Bank Attorneys Association Monthly Luncheon, September 2015
  • Garnishments and Receiverships: What Banks Need to Know, Featured Speaker, Texas Bankers Association Annual Conference, April 2014
  • Texas Wrongful Foreclosure Litigation: Most Common Claims and Theories, Featured Speaker, CitiMortgage Legal Department CLE Luncheon, May 2016

Education

  • St. John’s University School of Law, J.D., 2005
  • University of Mississippi, B.A., 2001

Bar Admissions

  • Texas
  • Oklahoma
  • Arkansas

Court Admissions

  • United States District Court for the Eastern District of Texas
  • United States District Court for the Northern District of Texas
  • United States District Court for the Southern District of Texas
  • United States District Court for the Western District of Texas
  • United States Bankruptcy Court for the Eastern District of Texas
  • United States Bankruptcy Court for the Northern District of Texas
  • United States Bankruptcy Court for the Southern District of Texas
  • United States Bankruptcy Court for the Western District of Texas
  • United States District Court for the Eastern District of Oklahoma
  • United States District Court for the Northern District of Oklahoma
  • United States District Court for the Western District of Oklahoma
  • United States Bankruptcy Court for the Eastern District of Oklahoma
  • United States Bankruptcy Court for the Northern District of Oklahoma
  • United States Bankruptcy Court for the Western District of Oklahoma
  • United States District Court for the Eastern District of Arkansas
  • United States District Court for the Western District of Arkansas
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Third Circuit

Community Involvement

Evan is a Sustaining Life Fellow in the Texas Bar Foundation, a charitable organization dedicated to educating the public about rights and obligations under the law and providing legal services to the poor, for which he served on the nominating committee from 2018-2021.

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Areas of Practice

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  • Represented several non-operating working interest owners in state court in Harris County, Texas, in which the jury found that the operator breached the joint operating agreements first and awarded the clients multi-seven-figure damages and attorney's fees. Trial court rendered judgment notwithstanding the verdict in favor of the operator. Court of Appeals reversed and rendered, reinstating the jury's verdict in favor of the clients. Texas Supreme Court denied the operator's petition for review. 
  • Represented healthcare industry marketing, management, and business development firm in which the client recovered a multi-seven-figure arbitration award for breach of marketing agreement in failing to pay commissions due on over 100 client originations.
  • Secured Certificate of Authority for large funeral home and cemetery owner and operator to operate a cemetery in Prosper, Texas, following an evidentiary hearing on an adverse decision by the Texas Department of Banking in the State Office of Administrative Hearings.
  • Represented large financial institution in state court in Corpus Christi, Texas in which the jury returned a take-nothing verdict in favor of the client on the plaintiff’s claim for breach of contract. Trial court rendered judgment notwithstanding the verdict in favor of the plaintiff. Court of Appeals affirmed. Texas Supreme Court reversed and rendered take-nothing judgment in favor of the client in accordance with the jury’s verdict. 
  • Represented large financial institution in state court in Dallas, Texas in which the jury returned a verdict generally favorable to Plaintiffs on their breach of oral contract and libel claims. Court of Appeals reversed and rendered take-nothing judgment in favor of the client. 
  • Represented large financial institution in state court in Beaumont, Texas resulting in a hung jury with a majority of jurors voting in favor of the client. Secured favorable settlement on behalf of the client the same day. 
  • Represented debt buyer in federal court in Santa Ana, California in which the jury returned a take-nothing verdict in favor of the client on 10 counts brought by the Plaintiff under Federal Fair Debt Collection Practices Act and California Rosenthal Fair Debt Collection Practices Act.
  • Represented residential construction company and its managing partner in which the clients recovered a multi-six-figure arbitration award against two former partners and their competing company for breach of operating agreement and conversion of company property.
  • Represented commercial property owners in state court in Conroe, Texas in which court awarded the clients judgment for breach of contract and trespass damages as well as attorney’s fees after bench trial. In a separate bench trial in state court in Conroe, Texas, the court awarded judgment for possession of the property. Court of Appeals affirmed. 
  • Represented healthcare industry sales executive in which the client recovered a multi-six-figure arbitration award for former employer’s breach of sales incentive plan on a $254,542,000 transaction.
  • Represented beneficiary under his mother’s will in state court in Angleton, Texas, resulting in a seven-figure settlement for the client of the fourth day of jury trial after bringing claims against the Executor for breach of fiduciary duty, breach of contract, misapplication of fiduciary property, fraud and tortious interference with inheritance rights.