Tricia WisenbakerMacaluso
Partner
Litigation
tmacaluso@seyfarth.com
PROFILE
EXPERIENCE
NEWS & INSIGHTS
ACCOMPLISHMENTS
Tricia is a creative, adaptive, and results-oriented attorney with more than 20 years of civil litigation experience.
More About Tricia
Tricia brings 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. Her clients span multiple industries, including banking, real estate, pharmaceutical, medical device, construction, and energy. Tricia advises her clients in pre-suit matters and investigations, as well as collaborates in identifying practical resolutions for disputes without the need for litigation.
Education
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Education
- JD, Texas Tech University School of Law
Cum laude
Admissions
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Admissions
- Texas
Courts
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Courts
- US Court of Appeals, Fifth Circuit
- US District Court, Eastern District of Texas
- US District Court, Northern District of Texas
- US District Court, Southern District of Texas
- US District Court, Western District of Texas
Related Services
Related Services
Related Key Industries
Related Key Industries
EXPERIENCE
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EXPERIENCE
- Obtained appointment of receiver and ultimate judgment for lender against borrower and guarantor related to a retail business.
- Successfully defended against and defeated a temporary restraining order to stop foreclosure on a commercial development resulting in borrowers entering bankruptcy and the eventual turnover of collateral to the client lender.
- Successfully represented a trust in multiple pieces of litigation defeating motions for temporary restraining order and temporary injunction stemming from breach of contract claims; ultimately, obtained order of interpleader to extricate the trust from the litigation and obtained an attorneys’ fees award.
- Successfully represented lender in a Chapter 11 Sub V case resulting in a consensual plan for repayment in full; obtained order of replevin requiring the debtors to assemble their collateral for delivery to lender resulting in UCC sale and satisfaction of the debt.
- Successfully defended wrongful foreclosure claims and alleged violations of temporary restraining orders in a commercial loan dispute to result in a client driven settlement.
- Successfully regained possession of client equipment wrongfully seized by an unrelated creditor of a third-party through a trial by right to property.
- Represented national marketing firm in multiple open records requests to the Texas Attorney General and successfully kept key client work product and confidential business information from being disclosed.
- Represented a franchisor in the defense of its brand and conducted pre-suit investigation of alleged claims of discrimination and harassment in the workplace.
- Obtained a $8.9 million 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 judgment on summary judgment motion for a 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 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. The 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 US Court of Appeals for the Fifth Circuit.
- While on secondment with the City of Plano, acting as lead prosecutor tried 23 cases (both bench and jury trials) to successful conviction.
Select Recognition
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Select Recognition
- Texas Bar Foundation Fellow (2019)
Leadership & Professional Affiliations
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Leadership & Professional Affiliations
- UNT Dallas College of Law (Adjunct Professor, Practice Foundations II: Conflict Resolution, Mediation and Arbitration, Fall 2017)
- International Association of Defense Counsel
- American Bar Association
- Defense Research Institute
- State Bar of Texas
- Texas Association of Defense Counsel
- Dallas Bar Association
Publications
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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)
Presentations
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Presentations
- 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, TX (February 9, 2018)
- Moderator, “Cybersecurity: Don't let your breach exceed your grasp!,” DOWA Legal Issues Forum Luncheon, Dallas, TX (November 11, 2015)
- Moderator, “Trends and tips in corporate governance: What every business leader should know,” DOWA Legal Issues Forum Luncheon, Dallas, TX (October 21, 2014)
- Moderator, “Trends and tips in corporate governance: What every business leader should know,” DOWA Legal Issues Forum Luncheon, Dallas, TX (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, TX (September 20, 2012)
- Moderator, “Market Update: Business, Banking and Bankruptcy,” DOWA Legal Issues Forum Luncheon, Dallas, TX (November 10, 2011)
- “Ideas and Ids: The Challenges of Controlling Their Ebb and Flow,” DOWA Legal Issues Forum Luncheon, Dallas, TX (December 3, 2008)
- "Protecting the Company Piggy Bank in Uncertain Economic Times,” DOWA Legal Issues Forum Luncheon, Dallas, TX (April 1, 2008)
Civic & Charitable
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Civic & Charitable
- 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; chair, 2013)
- Las Colinas Elementary PTA (2015-2023; president, 2017-2019; secretary, 2016-2017; 2022-2023); Texas PTA Honorary Life Membership Award (April 2022)
- Hackberry Creek Homeowners Association (Board of Directors 2022-present; President 2022-2023)
- Junior League of Dallas (2005-2023; leadership council, 2008-2009)
Tricia is a creative, adaptive, and results-oriented attorney with more than 20 years of civil litigation experience.
More About Tricia
Tricia brings 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. Her clients span multiple industries, including banking, real estate, pharmaceutical, medical device, construction, and energy. Tricia advises her clients in pre-suit matters and investigations, as well as collaborates in identifying practical resolutions for disputes without the need for litigation.
Education
Click to expand content section
Education
- JD, Texas Tech University School of Law
Cum laude
Admissions
Click to expand content section
Admissions
- Texas
Courts
Click to expand content section
Courts
- US Court of Appeals, Fifth Circuit
- US District Court, Eastern District of Texas
- US District Court, Northern District of Texas
- US District Court, Southern District of Texas
- US District Court, Western District of Texas
Related Services
Related Services
Related Key Industries
Related Key Industries
EXPERIENCE
Click to collapse content section
EXPERIENCE
- Obtained appointment of receiver and ultimate judgment for lender against borrower and guarantor related to a retail business.
- Successfully defended against and defeated a temporary restraining order to stop foreclosure on a commercial development resulting in borrowers entering bankruptcy and the eventual turnover of collateral to the client lender.
- Successfully represented a trust in multiple pieces of litigation defeating motions for temporary restraining order and temporary injunction stemming from breach of contract claims; ultimately, obtained order of interpleader to extricate the trust from the litigation and obtained an attorneys’ fees award.
- Successfully represented lender in a Chapter 11 Sub V case resulting in a consensual plan for repayment in full; obtained order of replevin requiring the debtors to assemble their collateral for delivery to lender resulting in UCC sale and satisfaction of the debt.
- Successfully defended wrongful foreclosure claims and alleged violations of temporary restraining orders in a commercial loan dispute to result in a client driven settlement.
- Successfully regained possession of client equipment wrongfully seized by an unrelated creditor of a third-party through a trial by right to property.
- Represented national marketing firm in multiple open records requests to the Texas Attorney General and successfully kept key client work product and confidential business information from being disclosed.
- Represented a franchisor in the defense of its brand and conducted pre-suit investigation of alleged claims of discrimination and harassment in the workplace.
- Obtained a $8.9 million 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 judgment on summary judgment motion for a 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 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. The 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 US Court of Appeals for the Fifth Circuit.
- While on secondment with the City of Plano, acting as lead prosecutor tried 23 cases (both bench and jury trials) to successful conviction.
Select Recognition
Click to expand content section
Select Recognition
- Texas Bar Foundation Fellow (2019)
Leadership & Professional Affiliations
Click to expand content section
Leadership & Professional Affiliations
- UNT Dallas College of Law (Adjunct Professor, Practice Foundations II: Conflict Resolution, Mediation and Arbitration, Fall 2017)
- International Association of Defense Counsel
- American Bar Association
- Defense Research Institute
- State Bar of Texas
- Texas Association of Defense Counsel
- Dallas Bar Association
Publications
Click to expand content section
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)
Presentations
Click to expand content section
Presentations
- 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, TX (February 9, 2018)
- Moderator, “Cybersecurity: Don't let your breach exceed your grasp!,” DOWA Legal Issues Forum Luncheon, Dallas, TX (November 11, 2015)
- Moderator, “Trends and tips in corporate governance: What every business leader should know,” DOWA Legal Issues Forum Luncheon, Dallas, TX (October 21, 2014)
- Moderator, “Trends and tips in corporate governance: What every business leader should know,” DOWA Legal Issues Forum Luncheon, Dallas, TX (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, TX (September 20, 2012)
- Moderator, “Market Update: Business, Banking and Bankruptcy,” DOWA Legal Issues Forum Luncheon, Dallas, TX (November 10, 2011)
- “Ideas and Ids: The Challenges of Controlling Their Ebb and Flow,” DOWA Legal Issues Forum Luncheon, Dallas, TX (December 3, 2008)
- "Protecting the Company Piggy Bank in Uncertain Economic Times,” DOWA Legal Issues Forum Luncheon, Dallas, TX (April 1, 2008)
Civic & Charitable
Click to expand content section
Civic & Charitable
- 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; chair, 2013)
- Las Colinas Elementary PTA (2015-2023; president, 2017-2019; secretary, 2016-2017; 2022-2023); Texas PTA Honorary Life Membership Award (April 2022)
- Hackberry Creek Homeowners Association (Board of Directors 2022-present; President 2022-2023)
- Junior League of Dallas (2005-2023; leadership council, 2008-2009)