Jacob Sparks is a trial attorney who focuses primarily on banking and financial services litigation, commercial litigation, and bankruptcy litigation.
He represents clients across the full spectrum of financial services, including state and nationally chartered banks, nonbank lenders, loan servicers, buyers of distressed debt/assets, private equity firms, and debt collectors. Jacob helps resolve disputes with borrowers, regulators, third-party service providers, and trustees, among others. Often these disputes involve high-stakes financial exposure or reputational risk. He understands what’s at stake for his clients and applies his knowledge of not just the law and procedure, but also regulatory risk, reputational risk, and organizational impact.
Jacob’s commercial litigation practice consists of guiding clients through the process of complex litigation, including breach of contract claims, trade secret misappropriation disputes, breach of fiduciary duty claims, partnership disputes, claims against officers and directors, fraud claims, and other business torts. Sometimes a company’s survival depends on the cost and outcome of a lawsuit, and that requires a difference type of analysis of risk and reward. When faced with bet-the-company litigation, clients need seasoned trial lawyers who know how to run a case efficiently and present a winning argument. By accurately assessing risk, assisting with cost-benefit analysis, and designing effective strategies, Jacob helps his clients find cost-effective, creative solutions to complicated problems.
Bankruptcies are complex, financially demanding, highly regulated proceedings that require the assistance of an experienced attorney. Jacob’s bankruptcy practice involves representing clients in negotiations and litigation related to bankruptcy and other insolvency proceedings. He has been practicing bankruptcy law his entire career and has worked on cases ranging from small individual liquidations to mega-cases in jurisdictions around the country. Outside the bankruptcy context, Jacob also represents parties embroiled in other judicial or non-judicial proceedings relating to the restructuring or liquidation of businesses, like receiverships and assignments for the benefit of creditors.
Jacob frequently works with special assets groups within banks. When dealing with problem loans and troubled debts, banks need a flexible attorney who can work with struggling borrowers to restructure debts when possible, conduct collateral sales under Article 9 of the Uniform Commercial Code when appropriate, litigate when necessary, collect on judgments, and enforce a lender’s rights if a borrower files bankruptcy.
Highlights of Jacob’s experience include:
- Represented Chapter 11 and Chapter 7 bankruptcy trustees in over two hundred and fifty cases after the Great Recession. This representation included litigating fraudulent transfer, preference, discharge, and state law causes of action.
- Represented a bankruptcy trustee and worked collaboratively with the Federal Bureau of Investigation, the U.S. Marshals Service, and the U.S. Attorney’s Office to recover misappropriated bankruptcy estate assets. Jacob briefed the FBI team on the nature and possible locations of the assets and accompanied the team on raids of those locations. Ultimately, assets were recovered for the benefit of the bankruptcy estate’s creditors.
- Represented a client in the healthcare industry who had been sued by a former employee alleging over a million dollars in damages. Jacob used computer forensics to identify how the former employee had misused and misappropriated company property, including trade secrets, and asserted counterclaims and pleaded affirmative and negative defenses. After litigating the case for nearly a year, the former employee agreed to a settlement whereby he received nothing and his lawsuit was dismissed with prejudice.
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Presentations and Publications
- Co-Author, “Release of Non-Debtor Third Parties and Enjoinment of Future Claims,” Arizona Attorney magazine, February 2022
- Co-Author, “What You Need to Know About the Small Business Reorganization Act of 2019,” ColoradoBiz, August 2020
- Co-Author, “Commercial Loan Workout Considerations For Lenders,” Law360, August 2020
- Co-Author, “Guidance for Arizona Banks on the Small Business Reorganization Act of 2019,” The Arizona Banker, July 2020
- Author, “Ipso Facto Clauses in Executory Contracts,” Dallas Bar Association Headnotes, July 2016
- Pro Bono Attorney, Human Rights Initiative of North Texas
- State Bar of Arizona
- State Bar of Texas
- Dallas Bar Association
- American Bankruptcy Institute
- Texas Super Lawyers, Rising Stars, 2019-2020, Business Litigation
- Texas Super Lawyers, Rising Stars, 2018, Business Bankruptcy
Contact Jacob Sparks at 214.750.3624 or email@example.com.