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Toni Scott Reed

Member
fax +1 214.659.4091

Toni Scott Reed litigates complex business and commercial cases involving insurance coverage, fidelity bond and surety matters, construction disputes, trust and estate claims, contract disputes and business torts, and banking disputes.

Toni also counsels clients on complex insurance claims and coverage assessments. She represents businesses, insurance companies, banks, trust companies, and individual fiduciaries in federal court, state court, and appellate courts. Applying her more than twenty-five years’ experience, Toni advocates for her clients with focus, drive, and determination. She is a fierce competitor who gets results, whether before litigation ensues or as a part of a complex lawsuit. Her strategic approach is to simplify complex factual and legal issues while listening to her client’s overriding business goals for the particular matter and for the conduct of the business overall. She maintains an equal passion for oral advocacy in court appearances and for strategic legal writing and argument.

Education

J.D., cum laude, Southern Methodist University, Dallas, Texas, 1993
B.B.A. and B.A., summa cum laude, Southern Methodist University, Dallas, Texas, 1990, M Award; Beta Gamma Sigma; Standard Bearer, Cox School of Business; Presidential Award of Excellence; John G. Tower Award of Academic Excellence and Leadership; Outstanding Senior Woman

Recognitions

Named among The Best Lawyers in America – Commercial Litigation by Best Lawyers (2013-2021)

Named Texas Super Lawyer by Thomson Reuters (2004-2005, 2011-2013)

Named Texas Super Lawyers’ Rising Star by Thomson Reuters (2004)

Memberships

American Bar Association, TIPS, Fidelity & Surety Law Committee (1994 to present), Committee Chair (2017-2018)

American Bar Association, TIPS, Book Publishing Editorial Board (2017 to present)

American Bar Association, TIPS, Cybersecurity and Data Privacy Committee, Vice Chair (2018 to present); Forthcoming Cyber Insurance Book Co-Editor

American Bar Association, Forum on the Construction Industry

Surety Claims Institute Member

Attorneys Serving the Community, Member (1993 to present); Co-Chair (2002-2004), Charity Screening Committee (2005, 2006, 2014)

Texas Bar Foundation, Life Fellow

State Bar of Texas, Construction Law Section

Dallas Bar Foundation, Life Fellow

Dallas Bar Association, Construction Law Section, Business Litigation Section, Probate Law Section

Dallas Women Lawyers Association, Member

Dallas Association of Young Lawyers, Leadership Class Alumni

Highland Park United Methodist Church, Member, Children’s Musical Chair, Confirmation Instructor

Junior Achievement, Instructor (2009-present)

Richardson Independent School District, Advanced Academic Learning Advisory Board (2020 to present)

White Rock Elementary School, PTA Volunteer, Room Representative (2009-2019)

Lake Highlands Junior High, PTA Volunteer (2019 to present); Lake Highlands High School, Wild for Cats (2019 to present)

Dallas Heart Ball, Board of Directors (1998-2002)

Make-A-Wish Foundation, Founding Committee Chair of Wish Night

State Bar Licenses

Texas

Court Admissions

U.S. District Ct., E.D. of Texas
U.S. District Ct., N.D. of Texas
U.S. District Ct., S.D. of Texas
U.S. District Ct., W.D. of Texas
U.S. Court of Appeals, 5th Circuit
  • Obtained summary judgment, affirmed by Fifth Circuit Court of Appeals, on commercial crime policy coverage dispute on social engineering versus computer fraud coverage.
  • Obtained dismissal of putative class action lawsuit alleging misappropriation of identity in COLI policy context by 12(b)(6) motion, as well as affirmation of dismissal on appeal to the United States Court of Appeals for the Fifth Circuit.
  • Obtained summary judgment to foreclose mechanic’s lien and to defeat city’s claim of immunity from suit in construction dispute, as well as affirmation of denial of immunity claim on appeal to the Dallas Court of Appeals.
  • Obtained summary judgment on complex insurance coverage dispute, affirmed by Corpus Christi Court of Appeals.
  • Obtained summary judgment in favor of insurer in commercial crime policy dispute involving employee dishonesty claim and policy limit.
  • Obtained summary judgment disposition on fidelity bond and crime policy disputes in federal and state court cases.
  • Obtained defense verdict after bench trial on breach of contract claims in complex commercial dispute.
  • Obtained favorable settlement for manufacturer during jury trial after establishing fraud by contractor on construction project.
  • Obtained favorable settlement for fiduciary and reformation of trust following lengthy jury trial.
  • Obtained summary judgment in favor of fiduciary on complex fiduciary litigation matter.
  • Obtained dismissal prior to class certification of nationwide consumer class action against lender alleging violations of RESPA.
  • Obtained voluntary withdrawal of class-certification allegations and complete settlement of nationwide class action against mortgage company alleging RESPA violations.
  • Obtained summary judgment in favor of surety and denial of government entity’s plea to the jurisdiction on waiver of sovereign immunity issues.
  • Obtained favorable settlements for both beneficiaries and fiduciaries after significant litigation of complex probate, trust, and fiduciary disputes.
  • Negotiated favorable settlements of construction disputes for owners, contractors, and sureties.
Articles
  • Discovery of Loss, Handling Fidelity Bond Claims (3d Ed.) (2019)
  • Cybercrime and Technology Losses: Claims and Potential Insurance Coverage for Modern Cyber Risks, American Bar Association, TIPS Law Journal (Winter 2019)
  • Discovery of Loss: The Contractual Predicate to the Claim, Financial Institution Bonds (4th Ed.) (2016)
  • Annotated Commercial Crime Insurance Policy (3rd. Ed.), Editor (2015)
  • What is Employee Dishonesty and Employee Theft? Commercial Crime Insurance Coverage (2014)
  • Cyber Crime: Losses, Claims, and Potential Insurance Coverage for the Technology Hazards of the Twenty-First Century, XX Fid. L.J. l (2014)
  • Discovery of Loss: The Contractual Gateway to the Fidelity Claim, New Appleman on Insurance Law Library Edition, Fidelity Insurance (2014)
  • Discovery, Annotated Financial Institution Bond (2013)
  • “Superpowers” of Federal Regulators: The Subprime Mortgage Crisis and Bond Claim Issues Arising From Take Over by the FDIC, XVI Fid. L.J. 1 (November 2010)
  • Commercial Crime Coverage for the Twenty-First Century: Does a “Theft” Standard in Traditional Insuring Agreement (A) Broaden or Narrow Coverage for Employee Dishonesty, XIV Fid. L.J. 137 (2008)
  • Construction and Surety Law, Annual Survey, 60 SMU Law Review 839 (2007)
  • Construction and Surety Law, Annual Survey, 59 SMU Law Review 1079 (2006)
  • What is Employee Dishonesty, Commercial Crime Policy (2005)
  • Construction and Surety Law, Annual Survey, 57 SMU Law Review 759 (2004)
  • Construction and Surety Law, Annual Survey, 56 SMU Law Review 1353 (2003)
  • Construction and Surety Law, Annual Survey, 55 SMU Law Review 775 (2002)
  • Bond Claims in the E-commerce World: The Impact of the Uniform Electronic Transactions Act, the Uniform Computer Information Transactions Act, and Other Technological Developments, 36 Tort and Insurance Law Journal 735 (2001)
  • Legal, Ethical, and Practical Considerations for an Insurer’s Witness Interviews In the Context of a Fidelity Bond or Commercial Crime Policy Claim Investigation, VII Fid. L.J. (2001)
  • Employee Theft v. Manifest Intent: The Changing Landscape of Commercial Crime Coverage, 36 Tort and Insurance Law Journal 43 (2000)
Presentations
  • Recent Developments in Technology-Based Crimes and Losses, Bond/Commercial Crime Policy Workshop (October 2020)
  • What Does the Healthy Contractor Need to Know about Cybercrime, Technology Losses, and Insurance: What You Don’t Know Can Hurt You, ABA Fidelity & Surety Law Committee, Mid-Winter Conference (January 2020)
  • Electronic Crime Through Computer Fraud or Social Engineering: Two Separate Paths, and Never the Two Shall Meet, Northeast Surety & Fidelity Claims Conference Annual Meeting (September 2019)
  • A Discovery Primer: Who, What, Where, When and Why for the Claims Professional, Northeast Surety & Fidelity Claims Conference Annual Meeting (September 2019)
  • Cyber Threats and Real Losses: Insurance Products, Coverage Issues, and Risk Management Facts You Must Know, Dallas Bar Association, Science and Technology Law Section (March 2019)
  • The Alter Ego Theory in a Fidelity Claim: Considerations, Impact, and Public Policy, ABA Fidelity & Surety Law Committee, Mid-Winter Conference (January 2019)
  • Mock Trial: Presentation of the Fidelity Bond Case, ABA Fidelity & Surety Law Committee, Mid-Winter Conference (January 2019)
  • Computer Fraud v. Social Engineering: The Most Recent Case Law, Northeast Surety & Fidelity Claims Conference Annual Meeting (September 2018)
  • Modern Claims and Modern Risks: The Cyber Landscape, the Developing Insurance Products, and the Coverage Questions, Northeast Surety & Fidelity Claims Conference Annual Meeting (September 2018)
  • Cybercrime and Insurance Coverage, ABA TIPS Section Conference (April 2018)
  • Program Creator: The Surety and Arbitration, Fidelity & Surety Law Committee, ABA Fidelity & Surety Law Committee, Mid-Winter Conference (January 2018)
  • Program Creator: Cyber and Technology Risks for the 21st Century – Modern Hazards and Modern Coverages, ABA Fidelity & Surety Law Committee, Mid-Winter Conference (January 2018)
  • Program Creator. Managing and Litigating the Complex Fidelity Claim, Fidelity & Surety Law Committee, ABA Fidelity & Surety Law Committee, Fall Fidelity Conference (November 2017)
  • Employee Dishonesty – Theft Versus Manifest Intent: Where are we in 2017?, Northeast Surety & Fidelity Claims Conference Annual Meeting (September 2017)
  • Confidentiality Agreements with your Insured: Ethical Considerations and Practice Advice for the Investigation and Enforcement of Duty to Cooperate, Northeast Surety & Fidelity Claims Conference Annual Meeting (September 2017)
  • Cybercrime: Losses, Claims and Potential Coverage for the Technology Hazards of the Twenty-First Century, Northeast Surety & Fidelity Claims Conference Annual Meeting (September 2016)
  • Program Chair. The Annotated Commercial Crime Insurance Policy, ABA Fidelity & Surety Law Committee Fall Fidelity Conference (November 2015)
  • Cyber Crime: Losses, Claims, and Potential Insurance Coverage for the Technology Hazards of the Twenty-First Century, XX Fid. L.J. l (2014)
  • Writing the Rules of the Game: Strategic Considerations for an Effective Jury Charge in the Commercial Crime Context, ABA Fidelity & Surety Law Committee Mid-Winter Meeting (January 2013)
  • Program Chair. The Interrelationship of Complex Claims Under Financial Institution Bonds and D&O Policies, and the FDIC’s View and Approach to the Claims, ABA Fidelity & Surety Law Committee Fall Meeting (October 2011)
  • Coverage Under Insuring Agreements (D) and (E): Has the Insured Satisfied All Required Elements?, ABA Fidelity & Surety Law Committee Mid-Winter Meeting (January 2010)
  • Trial and Jury Deliberations for Fidelity Cases. ABA Fidelity & Surety Law Committee Mid-Winter Meeting (January 2008)
  • Preparing for and Shaping the Issues, Themes and Psychology for Trial, ABA Fidelity & Surety Law Committee (2007)
  • Ethical Practice in Federal Courts, Dallas Bar Association, Federal Court Practice (2006)
  • Ethical Issues Presented in the Context of Joint Representative of Principal and Surety, Gulfcoast Fidelity & Surety Institute (June 2004)
  • Ethical and Legal Considerations in the Investigation, Gulfcoast Fidelity & Surety Institute (June 2004)
  • Ethical Practice in Federal Courts, Dallas Bar Association, Federal Court Practice (2004)
  • The Continuing “Employee” Debate: Whose Dishonesty is Covered?, Gulfcoast Fidelity & Surety Institute (June 2003)
  • Bond Claims in the E-commerce World: The Impact of the Uniform Electronic Transactions Act, the Uniform Computer Information Transactions Act, and Other Technological Developments, ABA Fidelity & Surety Law Committee Mid-Winter Meeting (January 2001)
  • Employee Theft v. Manifest Intent: The Changing Landscape of Commercial Crime Coverage, Surety Claims Institute (Summer 2000)
  • Trying to Try the Complex Employee Dishonesty Claim: Motions for Summary Judgment; Discovery and Evidentiary Issues; and the Court’s Charge. ABA Fidelity & Surety Law Committee Mid-Winter Meeting (January 2000)