Keith Langley is an experienced trial lawyer who focuses on understanding the client’s business. He then seeks the earliest positive resolution of issues by using early comprehensive evaluation. His practice includes property insurance on complex and catastrophic claims; construction contracting and disputes; fidelity and surety matters; employment disputes; secured creditor issues; and bankruptcy cases. His trial experience includes serving as lead counsel on federal and state trials in Texas and other jurisdictions as well as arbitrations and appeals. Keith is committed to communicating effectively and persuasively to judges and the sophisticated jurors in modern courtrooms. He serves as Regional Counsel to Ford Motor Credit Company and is a frequent author and speaker on a variety of construction law and dispute resolution topics. Keith is admitted to practice in the states of Florida, Texas, Arkansas, and Oklahoma.
- AV rated Martindale-Hubbell
- University of Virginia School of Law (J.D. 1985)
- Old Dominion University (B.S. summa cum laude 1980)
- Representation of clients on construction issues including contracts, defaults, design issues and contract administration.
- Representation of carriers on first and third party matters and catastrophic claims on matters involving defense and indemnification. Matters include hurricanes, tornado impact, collapse (whether partial or complete), and earth movement. Particular expertise in construction, construction defects, issues on materials, and subsurface, and geotechnical issues. Extensive work with experts including geotechnical engineers, structural engineers, MEP engineers, architects. Experience with prosecuting and defending Daubert motions. Particular focus on forensics, discovery, use of appraisal on complex cases. Handling of extra contractual matters on both common law and statutory bad faith litigation and trials. Extensive experience in dealing with subrogation matters. Targeted, energetic and early investigation and evaluation utilized to define the issues and identify the proper team members, including experts.
Fidelity and Surety
- Representation on fidelity and surety matters since 1985 involving complex claims, insolvency issues, defaults, workouts, payment bond claims, bad faith claims, and trials. Trial of construction and surety issues, including trials of six weeks duration, and a successful exoneration of the surety in a 12 week jury trial in Houston, Texas in 2006. Plaintiff obligee was seeking $100 million.
- Lead bankruptcy attorney for Liberty Mutual Surety on Chapter 11 in Southern District of Texas, Corpus Christi Division In re Ballenger Construction, Case No. 12-20645. The case involved multiple performance bond defaults, public obligees, and significant payment bond matters. We were able to get the automatic stay modified within hours of the filing of the bankruptcy to permit Liberty Surety to move forward aggressively on the public projects to achieve goals of the owners, as well as to mitigate damages.
- Representation of Travelers Surety in major default of highway contractor in Chapter 11 case in Southern District of Texas, Houston Division. In re CTL (Contractor Technology, Ltd.) Case No. 05-37623. Complex cash collateral, business operation, preference and fraudulent transfer issues. Managed numerous adversary proceedings, including removal to the bankruptcy court and loss mitigation. Several matters resulted in appeals and opinions from the Fifth Circuit Court of Appeals on cutting edge bankruptcy issues.
- Representation of creditors, trustees, and committees in commercial bankruptcy matters in Texas, Delaware, Georgia, California, and other courts. Filed involuntary against Trailways and then represented the creditors’ committee.
- Lead trial counsel for AIG Surety in major contractor delay and breach of warranty claims dealing with four off-gas projects relating to refinery in Chalmette, Louisiana. Case was tried for 16 weeks including 12 of those weeks to a jury, resulting in exoneration of surety under material alteration defense, as well as exoneration for defenses of the principal.
- Representation of clients in litigation, arbitration, and workout matters including claims by and against officers and directors, intellectual property issues, secured creditor matters, employment disputes, and all matters involving commercial contracts.
HONORS AND AWARDS
- Received special Presidential Award for educating members on Multi-Disciplinary Practice Issue and forming alliance with local bar associations throughout Texas for presentation to the American Bar Association.
ADMITTED TO PRACTICE
- State Courts of Texas, Florida, Oklahoma and Arkansas
- U.S. Bankruptcy Courts for Eastern and Western Districts of Arkansas
- U.S. Bankruptcy Courts for the Northern, Southern, Eastern and Western Districts of Texas
- U.S. District Court for Eastern District of Arkansas
- U.S. District Court for Eastern District of Michigan
- U.S. District Court for Western District of Oklahoma
- U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas
- U.S. Court of Appeals, 5th Circuit
- U.S. Supreme Court
SELECT PRESENTATIONS AND PUBLICATIONS
- ABA-TIPS Spring meeting “Protecting the Purse: Contract Funds After the Default” presentation titled “Show Me the Money – The Three R’s – Recourse, Rights, and Remedies of the Surety” in May 2014
- Moderator for contract surety claims panel discussion on “The Promise – To do, or not to do…” at the 2014 National Association of Surety Bond Producers Program in April 2014
- Moderator for panel discussion on “Working SMART in a Relationship Economy: Science Meets ART in Surety Claim Handling” at the 2013 Pearlman Association Program in September 2013
- Midwest Surety Law Conference meeting presentation titled “Case Law Update” in July 2013
- ABA-TIPS Property Insurance Law Committee Spring meeting “Exclusions and Extensions of Coverage Under the All-Risk Property Policy” presentation titled “Governmental Action and Code and Ordinance as Coverage Extensions and Exclusions” in May 2013
- ABA-TIPS Mid-Winter meeting “Construction Damages: An In-Depth Analysis” presentation titled “Pass Through Claims” in January 2013
- “The Surety Underwriter’s Reference Book” chapters for Arkansas, Oklahoma and Texas in October 2012
- Moderator for panel discussion on Lumbermens case at 2012 Pearlman Association Program in September 2012
- ABA-TIPS Mid-Winter meeting “The Law of Performance Bonds” Chapter 3 presentation titled “Performance Options Available to Surety” in January 2012
- ABA-TIPS Spring meeting “The Law of Payment Bonds” panel presentation titled “Notice and Proof Requirements”, Michael Less, John McDevitt, Blake Wilcox, and Keith Langley in June 2011
- For the book “The Surety and Bankruptcy” chapters titled “The Surety’s Rights to Contract Balances” and “The Surety’s Use of the Debtor’s Property” presented at the Spring FSLC meeting in May 2010
- For the book “The Law of Performance Bonds, Second Edition” chapter titled “Liability of the Performance Bond Surety for Damages (Under Contract of Suretyship)” presented at ABA Tort Trial & Insurance Practice Section – The Law of Performance Bonds, A New Look at Today’s Issues in May 2009
- “Effects of Bankruptcy on the Construction Industry” presented at the 22nd Annual Texas Advanced Construction Law Conference in February 2009
- “Protecting the Surety in First Day Orders” presented at the 2009 Pearlman Association Program in September 2009
- American Bar Association, Litigation Section, Tort and Insurance Practice Section, Forum on the Construction Industry, Property Insurance Law Committee, Fidelity and Surety Law Committee
- College of the State Bar of Texas
- Dallas Bar Association (Bankruptcy, Business Litigation and Construction Law Sections), and received Special Presidential Award from Dallas Bar Association President for educating members on multi-disciplinary practicefor educating members on multi-disciplinary practice issue and forming alliance with local bar associations throughout Texas for presentation to the American Bar Association
- State Bar of Texas
- State Bar of Oklahoma
- State Bar of Florida