Mediator Resume

Served as the Judge of the 269th District Court of Harris County, Texas for over 10 years. Over that time, tried nearly 300 cases and resolved over 15,000 lawsuits. Member of several AAA arbitration panels. Board Certified in Civil Trial Law. Served for 5 years as the Chair of the Pattern Jury Charge Oversight Committee of the State Bar of Texas, responsible for reviewing new editions of the Texas Pattern Jury Charges.

Dan Hinde PLLC

Arbitrator, Visiting Judge, Mediator, Special Judge, Consultant

Visiting Judge/Arbitrator/Mediator, Dan Hinde PLLC, 2022 - Present; Partner, Schiffer Hicks Johnson PLLC, 2019 - 2022; State District Judge, 269th District Court - State of Texas, 2008 - 2018; Senior Counsel, Steele Sturm PLLC, 2008; Associate, Vinson & Elkins LLP, 1999 - 2008; Assistant District Attorney, Dallas County District Attorney’s Office, 2003; Law Clerk, U.S. District Judge Sim Lake - Southern District of Texas, 1997 - 1999.

JUDICIAL/NEUTRAL Served for more than 10 years as a state trial judge of the highest level trial court, trying civil cases with no maximum limit on the amount in controversy and conducting nearly 300 jury and nonjury trials while handling more than 15,000 cases. Experience handling, hearing, and resolving the full range of civil litigation, with a focus on complex commercial disputes; oil, gas, and energy-related lawsuits; internal-governance controversies; noncompete and nondisclosure cases; employment controversies; healthcare-industry disputes; insurance coverage cases; partnership disputes; construction cases; fiduciary-duty, fraud, breach-of-contract, and real-estate claims; and trade-secret litigation. As a judge, handled and decided numerous complex, high-stakes cases in Houston, Texas, a venue well-known for complex cases and talented attorneys. In this capacity, handled numerous Daubert motions, motions for summary judgment, motions to dismiss, and evidentiary hearings, including nonjury trials requiring the judge to weigh the evidence and the credibility of the witnesses. OIL, GAS, ENERGY Extensive experience in oil, gas, and energy cases. For example, presided over a 2 week bench trial between an oil producer and a railroad tank car lessor for alleged corrosion in 500+ tank cars. Tried a case brought by a non-operating working interest owner against a joint operator for allowing an oil-and-gas lease to lapse. Presided over a suit over the rights to lease-bonus payments for offshore leases. Tried a trade-secret case concerning a drill-bit design. Tried a products-liability case against a pipe manufacturer when downhole pipe failed. Presided over multi-week pipeline construction dispute. NONCOMPETES Deep experience handling noncompete disputes. Presided over numerous temporary-injunction hearings brought to enforce noncompete agreements, as well as several trials in both employment and nonemployment contexts. Tried a multimillion-dollar noncompete claim brought by a company that acquired several grocery stores and against the seller for allegedly setting up competing grocery stores. Mediated numerous such cases as a mediator. COMPLEX COMMERCIAL Significant experience trying complex commercial and internal-business disputes. For example, tried several complicated partnership disputes over alleged misuse of partnership profits and funds. Tried a dispute over a joint venture to mine iron ore, a multimillion-dollar real-estate case in which the seller claimed he was defrauded, a complicated fraudulent-transfer claim arising out of a bankruptcy, and a partner's claim to profits after he resigned from his firm. TRADE SECRET, TECHNOLOGY Substantial experience handling trade-secret and technology suits. For example, tried trade-secret cases involving methods for mining pot ash in the Moab dessert, synthesizing and using fluorine gas to harden portable gasoline cans, and methods for extracting zinc from recycled metal, as well as a claim for theft of a drill-bit design. CONSTRUCTION Substantial experience with complex construction cases as both a judge and a lawyer, including disputes over construction of multistate pipelines, high-rise buildings, and industrial chemical plants, as well as home construction suits. HEALTHCARE Broad experience handling a variety of healthcare-related claims. For example, presided as sole special judge in Texas over 200+ payor-provider billing cases between out-of-network providers and insurance carriers. As judge, tried several malpractice claims against medical providers, as well as business disputes between physicians, hospitals, and other providers. INSURANCE Significant experience handling first-party insurance claims, especially residential and commercial property claims, as a judge, mediator, and umpire/arbitrator.

Mediated 350+ disputes over a broad spectrum of topics, including complex commercial cases; residential and commercial construction disputes; products liability claims; personal injury and death cases; workplace injury and nonsubscriber claims; internal partnership and corporate governance disputes; noncompete, nondisclosure, and trade-secret cases; employment claims; breach of contract suits; and consumer disputes. Able to mediate in person, by zoom videoconference, or a hybrid of both.

COMMERCIAL MEDIATIONS Frequently mediate commercial disputes, where claims of failure to perform, nonpayment, misrepresentation, breach of warranty, and fraud arise, as well as issues of contract formation, construction, and standing. Issues often also include the measure of damages, and the availability of attorneys' fees awards. NONCOMPETE, NONDISCLOSURE CASES In noncompete and nondisclosure cases, questions often arise regarding enforceability (including whether the agreement has reasonable limitations on the scope of prohibited activity and the temporal and geographic scope of the noncompete) and duty, as well as challenges to the confidentiality of the information and, ultimately, the amount of damages that resulted. PARTNERSHIP AND BUSINESS GOVERNANCE MEDIATIONS In business governance and partnership disputes, many mediations have tackled issues such as fiduciary duty, waste, self-dealing transactions, and deadlock, as well as valuation. Oftentimes, issues concerning executive compensation are also involved. RESIDENTIAL AND COMMERCIAL CONSTRUCTION MEDIATIONS Residential construction mediations frequently raise issues under the Texas Residential Construction Liability Act (RCLA), interpretation of warranty provisions, reliability of expert opinions on causation, and the available measures of damages. The residential cases often focus either on mold claims, which often involve allegations of poorly designed or installed HVAC systems, or defective construction. Commercial construction mediations have involved claims of defective construction, delay, and scope of work, as well as expert opinions and the proper measures of damages. Both residential and commercial construction mediations also raise questions of liability of subcontractors and the interpretation and application of statutes governing the enforceability of liens, fund retainage, and fee trapping. EMPLOYMENT MEDIATIONS The numerous employment mediations involve claims of racial, sexual, and disability discrimination, as well as retaliation claims, under Title VII, the Americans With Disabilities Act (ADA), and the Texas Commission on Human Rights Act. Lately, several mediations involved former employees who claimed they were terminated for declining to receive COVID vaccinations. PERSONAL INJURY, WORKPLACE, AND NONSUBSCRIBER MEDIATIONS Additionally, several mediations have involved claims of personal injury and death. Some of these mediation arose in the context of premises liability claims by customers injured at commercial establishments or employees bringing workplace injury claims against nonsubscribing employers. Others involved products liability claims or premises liability by property owners for third-party criminal conduct. Issues have included duty, comparative fault, notice, open-and-obvious dangers, pre-existing conditions, the egg-shell-skull plaintiff, contractual assumption of the risk, causation, medical bills and pain and suffering damages. CONSUMER MEDIATIONS Also mediated numerous consumer-related cases, alleged unpaid debts and car transactions.

I approach mediations with an open, optimistic mind and work tirelessly with the parties to search for options that may result in settlement. It is crucial to listen to the parties and their counsel first and then look for discussion pathways that might work. Sometimes, I may make some observations or comments based on my experience as a trial judge on how courts and juries have resolved similar issues or reacted to similar evidence. When discussions seem to bog down, I encourage parties to think creatively and consider alternatives resolve sticking points. But throughout, my approach is that of a facilitator, guide, and messenger. I work the parties as they work to try to find a settlement. When the parties engage thoughtfully and earnestly with an open mind, the combination of my approach and their efforts has very often yielded an agreement that all parties find satisfying.

Successfully completed Clearbrief Academy, July 2025. Proficient in the use of the Zoom videoconferencing platform as host and administrator. Set up, hosted, and conducted innumerable zoom mediations and hearings. Also adept at using Microsoft and Apple operating systems, MS Word, MS Excel, MS Powerpoint, and MS Outlook, as well as Adobe Acrobat. Earned a Bachelor or Science in Electrical Engineering with a focus on optics, signal communications, and power technologies.

College for Judicial Studies, Texas Center for the Judiciary (2018) University of Texas School of Law (J.D., with Honors - 1997); Texas A&M University (B.S., Electrical Engineering, Magna Cum Laude - 1994).

Admitted to the Bar: Texas (1997); US District Court: Southern, Northern, and Eastern Districts of Texas; US Court of Appeals: 5th Circuit; US Supreme Court. Board Certified in Civil Trial law, Texas Board of Legal Specialization; College for Judicial Studies - Civil Jurisprudence. Credentialed Mediator; Texas Mediator Credentialing Association.

American Law Institute Texas Association of Civil Trial and Appellate Specialists Former Chair (5 years), State Bar of Texas Pattern Jury Charge - Oversight Committee, State Bar of Texas Credentialed Mediator, Texas Mediator Credentialing Association Association of Attorney Mediators College of the State Bar Texas Bar Fellows Bar Association of the Fifth Federal Circuit Federal Bar Association Houston Bar Association American Bar Association American Inns of Court – Garland Walker Chapter

PUBLICATIONS: • "What'd I Miss? An Update on the Texas Pattern Jury Charges," 31st Annual Conference on State and Federal Appeals, June 10, 2021 • "Special Judges Could Relieve Local Civil Trial Backlog," HOUSTON BUSINESS JOURNAL, Apr. 26, 2019, at 42 • "The Jury Charge," Civil Appellate Practice 101 Course Materials, September 2017 (update of conference material) • "Motions for Continuance," THE ADVOCATE, Fall 2015, at 54 • "Judicial Perspective," TEXAS ADR HANDBOOK (State Bar of Texas Alternative Dispute Resolution Section), 2014 (co-authored with Judge John Coselli) • "A Glossary of Common Trial Objections," THE HOUSTON LAWYER, July/Aug. 2013, at 18 • "What Law Applies?," THE HOUSTON LAWYER, July/Aug. 2012, at 16 SPEAKING ENGAGEMENTS: • "Confidentiality Orders," 46th Annual Advanced Civil Trial Course (July, October 2023) • "What'd I Miss? An Update on the Texas Pattern Jury Charges," HBA Appellate Section (May 2023); HBA Litigation Section (April 2023); 31st Annual Conference on State and Federal Appeals (June 2021) • “Jury Charges: Perspectives from the Bench and Bar,” HBA Appellate Section (July 2020) • “The Courts’ Role at the Apex of State Power: Public Health Restrictions in the Time of Pandemics,” Houston and Austin Chapters of the Federalist Society (April, May 2020) • “Polishing Your Evidence: Technology in the Courtroom, Including Apps,” Houston Bar Association Bench-Bar Conference (2019) • “Trying Your Maritime Case in State Court,” 26th Annual Admiralty and Maritime Law Conference, Sept. 2017 • “Litigation on the Gulf Coast,” Panel Discussion, Marine and Energy Law Conference, Oct. 2017 • “Effective Voir Dire,” Mexican-American Bar Association of Houston (2018) • “Pleading, Discovery, and Defending cases as an Attorney ad Litem,” Harris County District Courts’ Seminar on “Fundamentals of Serving as an Attorney ad Litem” (2018) • “The Texas Citizens Participation Act: An Effective SLAPP on Injunctive Overreach or an Impediment to Just Relief in Workplace Disputes?” (Panel Discussion) State Bar of Texas Annual Convention, Labor & Employment Track (2018) • “Effective Voir Dire,” Houston Northwest Bar Association (2017) • “The Jury Charge,” State Bar of Texas Civil Appellate Practice 101 Seminar (2017) • “The Ins and Outs of Early Dismissal,” Texas Regional Judicial Conferences (2017) • “Effective Voir Dire,” Houston Bar Association Litigation Section (2016) • “Implementing, Enforcing, and Amending Discovery Orders,” Texas Regional Judicial Conferences (2016) • “The Courts in Harris County,” Cy-Fair Chamber of Commerce (2016) • “60 Apps in 60 Minutes,” Houston Bar Association Bench-Bar Conference (2015); Texas Regional Judicial Conferences (2012) • “Objection!” Litigation Section, Houston Bar Association (2015) • “Trial Objections,” Mexican-American Bar Association of Houston (2015) • “Effective Voir Dire,” Association of Women Attorneys (2014) • “Top Mistakes Attorneys Make in Civil Litigation” (Panel Discussion), CLE Conference: As Judges See It (2014) • “Effective Voir Dire,” Houston Northwest Bar Association (2014) • “Jury Service,” Houston Reveille Club (2014) • “iJudging,” Texas Annual Judicial Conference, 2013; Texas Regional Judicial Conferences (2012) • “There’s an App for That,” Advanced Civil Trial Course (2012).

No travel expenses (except for parking fees) for arbitrations in Houston or Harris County, Texas.

Hourly Rate: Not provided Daily Rate: $5,000.00 Study Rate: Not provided Cancellation: $2,500.00/Day Cancellation Period: 14 Days Comment: Rates must be split evenly among the parties. Rates are based on a two-party, full-day mediation. Rates for more than two parties will be higher. Rates per party for half-day mediations will be lower. Travel rate is for travel outside of Harris County, Texas. No charge for travel for mediations that occur within Harris County.

English

United States of America

Houston, Texas