About Our Firm

Since 1993, Quilling, Selander, Lownds, Winslett and Moser, P.C. has built a highly successful practice providing state of the art and aggressive litigation and bankruptcy services to a broad range of clients that include some of the nation’s largest financial institutions, insurance companies, and construction companies as well as small to mid-size businesses in a wide range of disputes and business planning. All of these clients have the common desire to be represented by top attorneys who can deliver cost-effective results.

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Our approximately 60 attorneys and their support staff never lose sight of the fact that a client’s interests are best served by optimizing the staffing for each case to keep costs manageable while still getting the best result possible. Almost all of our attorneys have previously excelled in large firm environments, but desire the flexibility of a mid-size firm that can immediately respond to the needs of clients. The quality of our attorneys is attested to by the significant number of board certified specialists as well as the high percentage who have been consistently designated as “Super Lawyers” or “Rising Stars” by Texas Monthly or “AV” rated by Martindale-Hubbell.

Attorneys

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James H. Birch

James H. Birch

Practice Areas:

  • Labor & Employment

Education:

University of Arkansas School of Law Fayetteville (J.D. 1982, with high honors) University of Arkansas (B.A. 1979)

Admitted to Practice:

State Bar of Texas State Bar of Arkansas

Practice Description

Mr. Birch represents business clients in all aspects of labor and employment law and in commercial litigation. During 33 years of practice, he has assisted businesses in a variety of industries, including outsourcing, information technology, insurance, healthcare, hospitality, manufacturing, retail and wholesale, transportation, media, professional services, banking and construction.

In addition to counseling clients on compliance with state and federal labor and employment laws and corporate codes of conduct, Mr. Birch represents employers in court, administrative and arbitration proceedings in individual, class and collective actions. Mr. Birch represents clients in corporate compliance and internal investigation matters. Mr. Birch represents companies regarding the protection of trade secrets and confidential information, including covenants not to compete.   Mr. Birch also represents executives in connection employment contract and separation agreements.

Mr. Birch’s business litigation practice includes shareholder/partner disputes, breach of fiduciary duty, fraud, contract, professional liability and business torts.  He also regularly represents companies relating to corporate compliance programs and in regulatory matters.

Areas of Practice

  • Labor and Employment
  • Occupational Safety and Health
  • Corporate Compliance
  • Trade Secret and Proprietary Information
  • Professional Liability and Ethics

Achievements 

  • Best Lawyers ® 2015 edition, Lawyer of the Year — Labor Law – Union
  • Best Lawyers ® 2015 edition of The Best Lawyers in America – Commercial Litigation, Employment Law – Management, Labor Law – Union, Litigation – Labor and Employment
  • Best Lawyers ® 2014 edition of The Best Lawyers in America – Commercial Litigation, Litigation – Banking and Finance, Bankruptcy, and Mergers and Acquisitions
  • Best Lawyers® 2013 edition of The Best Lawyers in America – Commercial Litigation
  • Texas Super Lawyer, Employment Litigation – Law & Politics Magazine and Texas Monthly, 2008-2015
  • Best Lawyers, Labor and Employment Law – D Magazine, 2011-2015.

Professional/Civic Activities

  • State Bar of Texas
    • Labor and Employment Law Section
    • Litigation Section
  • American Bar Association
    • Labor and Employment Law Section
    • Litigation Section

Sample Speaking Engagements

  • “Update on Whistleblower and Retaliation Law,” Multinational General Counsel Boot Camp, Center for American and International Comparative Legal Studies, 2015
  • “Foreign Corrupt Practices Act and AML Compliance,” Varel International Management Conference 2014
  • “Who is My Client, Loss Prevention for Health Care Lawyers,” Health Law Conference sponsored by the Health Law Section of the State Bar of Texas and the Texas Hospital Association, 2007
  • “Ethical Issues and Malpractice Prevention for Healthcare Lawyers,” University of Houston Health Law Seminar, 2007
  • Panelist, “Labor and Employment Law Roundtable-Recent Developments”, sponsored by Texas Lawyer, 2007
  • “Traps for the Unwary, Ethical Pitfalls in Tax Practice” Tax Section of Dallas County Bar Association, 2007
  • “Legal and Ethical Issues in Electronic Discovery” International Council of Shopping Center Counsel Conference, Orlando, Florida, 2006
  • “How to Take and Defend the Executive’s Deposition,” Texas Bar CLE-Webcast, 2005
  • “Compliance Programs One Year After the Sentencing Guidelines Amendments,” Panelist, South Texas College of Law, Corporate Compliance Center, 2005
  • “Wage & Hour Update, New Developments Under an Old Standby,” Hughes & Luce Client Briefing, Dallas, 2003
  • “Recent Developments in Labor and Employment Law,” Dallas Baptist University, Masters of Human Resources class, 2003
  • “HR Practices to Keep You Out of Jail,” Law@work 2002, Dallas and Austin, Texas, 2002
  • “Pick Your Poison: Arbitrate or Litigate,” Law@work 2001: Strategies for Change, Dallas and Austin, Texas, 2001
  • “Ethical Dilemmas in Joint Defendant Cases: Who’s Your Buddy?” Law@work 2001: Strategies for Change, Dallas and Austin, Texas, 2001

Representative Cases

  • Watson v. Surf-Frac Wellhead Equipment Co., Case No. 4:11-cv-00843 (E.D. Ark. 2013) (Order Decertifying Collective Action and Order Denying Motion for Leave to Add Additional Plaintiffs)
  • McCloud v. McClinton Energy, Case No. 5:14-cv-620 XR (W.D. Tex 2014) (Order Granting Motion to Transfer FLSA Collective Action)
  • Palasota v. Haggar Clothing Co, 499 F.3d 474, (5th Cir. 2007). (ADEA appeal);
  • Bacon v. Electronic Data Systems, 219 Fed.Appx. 355, 2007 WL 625008 (C.A.5 2007) (FMLA Retaliation),
  • Raven Services Corp. v. National Labor Relations Board, 315 F.3d 499, No. 01-60976 (5th Cir. 2002) (Appeal of an NLRB bargaining order.)
  • Johnson v. SBC Advanced Solutions, Inc., Not Reported in F.Supp.2d, 2004 WL 1151650 (N.D.Tex.,2004)
  • Treadway v. Shanks, 110 S.W.3d 1 (Tex.App.-Dallas,2000.)
  • Lyon College v. Melissa Gray, 67 Ark. App. 323, 999 S.W. 2d, 213, 1999 Ark. App., Lexis 605 (Ark. App. 1999) (Breach of contract claim under a collegiate Honor Code.)
  • Four T’s, Inc. v. Little Rock Municipal Airport Commission, 108 F.3d 909 (1997) (Complex case involving claims under the Airport and Airways Improvement Act, Sherman Act and 42 U.S.C. § 1983.)
  • Pace Industries, Inc. d/b/a Precision Ind., Inc., 320 NLRB No. 15, 1996 NLRB Lexis 23 (1996) (Successorship and discrimination case under the National Labor Relations Act)
  • Simmons v. Lockhart, 915 F.2d 372 (8th Cir. 1990); Simmons v. Lockhart, 856 F.2d 1144 (8th Cir. 1988); and Simmons v. Lockhart, 709 F. Supp. 1457 (E.D. Ark. 1989) (Death penalty habeas corpus case)
  • Monroe v. Guardsmark, Inc., 856 F.2d 1065, 47 F.E.P. Cases 425 (8th Cir. 1988)
  • Monroe v. Guardsmark, Inc., 660 F. Supp. 1357, 44 F.E.P. Cases 1232 (W.D. Ark. 1987) (Employment discrimination case.)
  • Cobb v. Stringer, 850 F.2d 356, 47 F.E.P. Cases 130 (8th Cir. 1988) (Employment discrimination case)
  • Bracamontes v. Weyerhaeuser Co., 840 F.2d 271 (5th Cir. 1988) (Agricultural Worker Protection Act case)
  • Thomerson v. Lockhart, 835 F.2d 1257 (1987) (Habeas corpus appeal)
  • Mary Baggett v. Program Resources, Inc., 806 F.2d 178, 42 FEP Cases 648 (1986) (Employment discrimination case)
  • Donovan v. Rose Law Firm, 768 F.2d 964, 119 L.R.R.M. 3345 (8th Cir. 1985) (Constitutional challenge to the consultant reporting provisions of the LRMDA)
  • NLRB v. Monark Boat Co., 713 F.2d 355, 113 L.R.R.M. 3749 (8th Cir. 1983) (Challenge to the NLRB’s certification of election results)
  • Davis Forestry v. Smith, 707 F.2d 1325 (11th Cir. 1983) (AWPA appeal)
  • Monark Boat Co. v. NLRB, 708 F.2d 1322 (8th Cir. 1983) (Equal Access to Justice Act appeal)
  • Williams v. BLM Co., Inc., 731 F. Supp. 231, 52 F.E.P. Cases 459 (N.D. Miss. 1990) (Employment discrimination case)
  • Supreme Court Committee on Professional Conduct v. Muhammed, 291 Ark. 225, 723 S.W. 2d. 828 (1987) (Represented the committee in a contempt proceeding against an attorney)
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Brief Overview

Practice Areas

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Bankruptcy

Bankruptcy

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The Firm focuses on all aspects of bankruptcy law in Chapters 7, 11 and 13 cases, including the representation of trustees, debtors, creditors, partnerships, individuals and privately-held corporations across a range of industries. Our attorneys routinely handle cases in the Northern and Eastern Districts of Texas and in other courts across the state, relying on a number of legal strategies to protect and enforce the rights of clients involved in all stages of litigation or workout negotiations. These include assisting in planning for insolvency and reorganization, or directing the orderly liquidation of a business outside the context of a bankruptcy court.

Additionally, our attorneys handle all types of adversary proceedings and will aggressively litigate claims by prosecuting or defending objections to discharge, fraudulent transfers, preferences, lease assumptions or rejections, the selling of assets, and bankruptcy tax issues. This diverse practice is supported by the extensive experience of several attorneys who are board certified by the Texas Board of Legal Specialization in both business bankruptcy law and consumer bankruptcy law, or have been appointed by the U.S. Department of Justice to serve as panel trustees in administering insolvency matters.

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Business Litigation

Business Litigation

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The true strength of our firm is business litigation, and many of our attorneys are Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. Our attorneys have successfully tried many actions in federal and state court as well as before arbitration panels. These litigators are highly experienced at handling business-related disputes involving contracts, fraud claims, deceptive trade practices, trademark infringement, real estate, construction, lender liability and financial institution and securities-related issues.

We pride ourselves on preparation. Our litigation teams conduct detailed research and analysis of each matter and, if appropriate, may use focus groups, mock juries and advanced technology in preparing and presenting the case. Most importantly, we involve the client in every stage of the process. While we will always be ready to effectively represent our clients at trial, we also appreciate that trial is not always the best solution. We are dedicated to working with our clients to cost-effectively achieve the optimum outcome based on the specific needs and circumstances of each case and each client.

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Construction & Surety

Construction & Surety

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The attorneys in our Construction & Surety practice group represent owners, general contractors, subcontractors, major suppliers, and sureties on both private projects and public works. Legal services are provided to construction industry participants in matters such as the negotiation, review and drafting of contract documents, counseling and advising on various performance-related disputes, claims analysis and preparation, insurance coverage matters, and representation in all dispute resolution forums. We routinely handle complex, multi-district litigation, national and international arbitrations, and all other forms of alternative dispute resolution.

Members of our construction practice group are frequent speakers before national, state, and local construction industry groups. Our construction attorneys often work in conjunction with attorneys from our Employment & Labor Group for the development and implementation of employment policies and procedures, our Insurance Group on insurance coverage matters, and our Bankruptcy Group, when project participants encounter financial difficulties.

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Distressed Assets

Distressed Assets

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We regularly advise clients—including commercial mortgage-backed securities trusts, governmental lenders and special servicers—in all phases of the sale and purchase of distressed asset portfolios and individual commercial properties. This regularly involves assisting financial institutions and sellers across the nation in evaluating the critical qualitative risks common to these properties, which may be encumbered by bankruptcies, foreclosures, creditors’ rights litigation, and REO and REMIC issues.

Built upon the foundations of providing attention to detail and client responsiveness in all circumstances, the team is composed of a variety of expertise and disciplines to efficiently and effectively maximize the client’s returns and exceed expectations.  In addition to our legal team, we maintain alliances with experienced professional service firms that can be rapidly mobilized to secure, maintain, and rehabilitate these assets to enhance market value.

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Family Law

Family Law

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The firm maintains a sophisticated Family Law practice. We handle all aspects of divorce, including property division and child custody, possession and support issues. We place heavy emphasis on strategic planning and client communications throughout the case.

We proudly offer an experienced, talented Family Law section dedicated solely to helping those individuals with family law needs. With over eight decades of combined experience, the attorneys have the skills necessary to help attain your goals. This includes collaboration and mediation/negotiation where possible, and trial experience when necessary.

While many family law disputes may be handled by a single lawyer, in others a team approach or consultation with lawyers of other specialities is needed. Divorce is often a time of both personal and financial crisis. In those instances, we are fortunate to have tremendous resources at hand with our bankruptcy, real estate, employment law, and commercial litigation attorneys.

We invite you to schedule a consultation with one of our family law attorneys to help you strategize and make the best decisions for your particular situation. It is our goal to provide the strength and comfort of sound legal counsel as a foundation for our clients to start a new life going forward. Please call us at 214.871.2100 or email familylaw@qslwm.com to speak with a member of our Family Law team.

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Financial Institutions

Financial Institutions

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The Financial Institutions practice is supported by virtually all parts of the firm. Many of our attorneys have spent the better part of their careers representing banks and other financial institutions in lawsuits or workouts. Several have worked for banks as outside and/or in-house counsel. When the time comes to work out a problem credit, we can provide the services necessary for documentation, or restructuring of debt.

Our business trial attorneys have valuable experience in defending lender liability claims, including those disputes arising from commercial and residential real estate loans, business loans and consumer credit. The bankruptcy group can protect a bank’s interests should debtors choose to file for bankruptcy in an attempt to avoid their obligations. We also offer flat fee programs for large scale collection or foreclosure needs, and can also provide web-based tracking systems for clients who have a need for daily or even hourly updates on hundreds of cases.

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Insurance

Insurance

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Our attorneys represent primary and excess carriers, and their clients, in complex coverage disputes in state and federal courts and before arbitration panels. This work often involves the high-exposure defense of large personal injury and property damage claims across a wide range of events, industries, corporate interests and periods of coverage.

Our litigation experience extends to defending insurance providers against claims of bad faith, deceptive trade practices, agent misrepresentation, insurance code violations and negligence. We also represent the interests of numerous excess carriers through litigation and by monitoring and reporting on the activities of primary carriers and their attorneys. Additionally, we are pleased to provide counsel in drafting insurance policies, complying with regulations, formulating coverage opinions, and advising on claims-handling procedures to avoid extra-contractual exposure.

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Labor & Employment

Labor & Employment

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The firm’s labor and employment practice is dedicated to providing companies and individuals with sophisticated counseling and zealous advocacy in the highly regulated area of labor and employment law. A significant part of the practice involves representing clients in governmental administrative proceedings, employment litigation and employment and labor arbitrations. These matters include claims involving wage and hour compliance, alleged discrimination and retaliation, state non-competition laws, and disputes related to collective bargaining agreements. Additionally, our attorneys focus on providing practical and informed advice regarding compliance with changing employment regulations, as well as counsel on the use of training programs to reduce a company’s risk and effectively manage personnel within the confines of applicable labor and employment laws.

Our attorneys are highly experienced in employee benefits, executive compensation and similar ERISA matters. We counsel clients on the design, creation, maintenance and termination of retirement, health and welfare, equity, and executive compensation plans and programs. We also excel in other matters that affect the day-to-day employment relationship, from recruiting through termination. This includes drafting employee handbooks and policies, executive employment contracts, and covenants not-to-compete.

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Real Estate

Real Estate

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Our real estate practice encompasses a broad range of litigation, transactional and regulatory experience throughout the state. This includes working on behalf of major title insurance underwriters and agents in complex claims and coverage disputes, particularly in matters involving the growing number of mortgage fraud claims. In addition, our attorneys routinely represent sellers, purchasers and lenders in litigation involving contractual issues, delinquent taxes and loan payments, and securitization matters for all types of commercial and residential properties. We also offer expertise in the zoning and permitting process for real estate in municipalities across North Texas.

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Receivership

Receivership

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The firm has had substantial involvement with Securities and Exchange Commission (“SEC”) proceedings. Our attorneys have been appointed as Receivers as well as Receiver’s counsel. As part of that work, it is often necessary to recover money for the estate. We have handled litigation for estates on issues encompassing diverse areas of the law, including fraud, constructive trusts, fraudulent transfers, fidelity bonds, disgorgement orders, and others.

In addition, our attorneys often work closely with forensic accountants to trace funds and recover any ill-gotten gains. We apply these same skills in broker-dealer liquidations, where we have been retained as both Trustee and Trustee’s counsel by the Securities and Investor Protection Corporation (“SIPC”). For a more detailed discussion of the cases where we have been
involved, please visit: http://www.secreceiver.com

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Toxic Torts

Toxic Torts

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The firm has successfully defended numerous employers, manufacturers, contractors and premises owners against claims of personal injuries and other damages due to exposure to alleged toxins, principally asbestos. Our attorneys rely on a wealth of courtroom experience, as well as established case management protocols and a full range of expert resources to challenge the cause and diagnosis of many clinical conditions. Often the result of this rigorous investigation and defense of claims is a successful resolution in advance of trial, or the reversal or reduction of a negative trial outcome through the appellate system.

The reputation and experience of our attorneys has led to service as regional counsel in overseeing the defense and administration of thousands of claims, which involves developing and maintaining litigation and settlement budgets, negotiating large-scale case resolution agreements, and supervising numerous local and trial counsel on specific cases.

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Morris Simmons

Morris Simmons

Firm Administrator
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214.871.2100
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214.871.2111

Locate Our Offices

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Quilling, Selander, Lownds, Winslett & Moser, P.C.
  • 2001 Bryan Street
  • Suite 1800 Dallas, Texas
Tel..
214.880.1801
Fax
214.871.2111

Quilling, Selander, Lownds, Winslett & Moser, P.C.