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Tricia Macaluso is a creative, adaptive and results-oriented attorney with 20 years of civil litigation experience.  As counsel, she has a broad range of experience representing corporate and individual clients in state and federal trial and appellate courts in all phases of complex commercial and injury litigation across multiple industries (banking, real estate, pharmaceutical and medical device, construction and energy).

Practices

Civic Involvement & Honors

    • United Way of Metropolitan Dallas (2007-2012), Board of Directors and Executive Committee (2008 - 2010), Community Investment Committee (2010 - 2012), Central Allocations Committee (2007 - 2010)
    • Hackberry Creek Country Club Board of Managers (2011 - 2014), Chairperson (2013)
    • Las Colinas Elementary PTA (2015 - present), President (2017-2019), Secretary (2016-2017)
    • Junior League of Dallas (2005 - present), Leadership Council (2008 - 2009)
    • Las Colinas Elementary PTA (2015 - present), President (2017-2019), Secretary (2016-2017)
    • Junior League of Dallas (2005 - present), Leadership Council (2008 - 2009)
    • Junior League of Dallas (2005 - present), Leadership Council (2008 - 2009)
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Professional Affiliations

    • Adjunct Professor, UNT Dallas College of Law, Practice Foundations II: Conflict Resolution, Mediation and Arbitration (Fall 2017)
    • American Bar Association
    • Defense Research Institute
    • State Bar of Texas
    • Texas Association of Defense Counsel
    • Dallas Bar Association
    • Defense Research Institute
    • State Bar of Texas
    • Texas Association of Defense Counsel
    • Dallas Bar Association
    • Texas Association of Defense Counsel
    • Dallas Bar Association
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Representative Experience

  • Obtained a $8.9 million dollar judgment on summary judgment motion for a financial institution in a commercial lending dispute involving breach of guaranty agreements
  • Obtained a favorable final award in an arbitration proceeding for a local financial institution in a breach of contract dispute
  • Obtained a $40 million dollar judgment on summary judgment motion for local financial institution in a commercial lending dispute filed in the Northern District of Texas involving the default of commercial development loans and breach of guaranty agreements; counterclaims asserted by the borrower and guarantors were dismissed on summary judgment
  • Obtained a $36 million dollar judgment on summary judgment motion for a local financial institution in a commercial lending dispute filed in Dallas state district court, involving fraudulent conduct, the default of commercial development loans and breach of guaranty agreements
  • Obtained a complete defense verdict for a leading medical device manufacturer in connection with its hip replacement device
  • Obtained a complete defense verdict for a leading medical device manufacturer in connection with its fracture fixation device and successfully maintained result on appeal
  • Assisted in representing a medical device company and its sales representative in a lawsuit involving claims for violation of the non-competition agreement of the representative and unfair competition by the company
  • Obtained a favorable defense verdict in a breach of services contract matter for a health care facility
  • Represented a leading pharmaceutical company and a regional retail company in connection with a class action filed involving the pharmaceutical company's over-the-counter medication; case was defended through the class certification hearing and settled favorably before the Court's ruling on certification
  • Assisted in representing a pharmaceutical company in a pre-lawsuit claim involving a clinical trial drug and alleged injury to the trial participant that resulted in a favorable settlement for the client
  • Assisted in representing a leading medical device company in a lawsuit involving an ambu-bag used for resuscitation of patients; case resulted in a favorable settlement for the client
  • Assisted in representation of oil and gas servicing company in all phases of pre-trial and trial of catastrophic injury lawsuit; case was tried to completion but settled favorably for the client prior to the delivery of the jury's verdict
  • Primary responsibility for representation of a major health insurance company in an ERISA coverage matter wherein a favorable summary judgment result was obtained at the federal trial court and subsequently upheld on appeal to the U.S. Court of Appeals for the Fifth Circuit
  • While on secondment with the City of Plano, acting as lead prosecutor tried twenty-three cases (both bench and jury trials) to successful conviction

 

Publications

  • "Intellectual Property Law in the Internet Era: Reaping the Benefits and Avoiding the Landmines," The Corporate Governance Forum, July 2000
  • "WWW.ADR and Intellectual Property Disputes.com: ADR in Resolving E-Technology and Intellectual Property Disputes," Arbitration and Mediation Conference, April 2000

 

Speaking Engagements

  • Moderator, “Panic in the hallways: Preparing for and handling the fall out of government investigations, regulatory notifications, and/or financial restructure,” DOWA Legal Issues Forum Luncheon, Dallas, Texas, February 9, 2018
  • Moderator, “Cybersecurity: Don't let your breach exceed your grasp!,” DOWA Legal Issues Forum Luncheon, Dallas, Texas, November 11, 2015
  • Moderator, “Trends and tips in corporate governance: What every business leader should know,” DOWA Legal Issues Forum Luncheon, Dallas, Texas, October 21, 2014
  • Moderator, “Trends and tips in corporate governance: What every business leader should know,” DOWA Legal Issues Forum Luncheon, Dallas, Texas, October 16, 2013
  • Moderator, “Two Major Trends Impacting Data Privacy Issues: Managing Risks in the Regulatory Fog and in the Cloud,” DOWA Legal Issues Forum Luncheon, Dallas, Texas, September 20, 2012
  • Moderator, “Market Update: Business, Banking and Bankruptcy,” DOWA Legal Issues Forum Luncheon, Dallas, Texas, November 10, 2011
  • “Ideas and Ids: The Challenges of Controlling Their Ebb and Flow,” DOWA Legal Issues Forum Luncheon, Dallas, Texas, December 3, 2008
  • "Protecting the Company Piggy Bank in Uncertain Economic Times," DOWA Legal Issues Forum Luncheon, Dallas, Texas, April 1, 2008