Legal Advisors

Matthew Todd Banister is the current in-house legal counsel for Defiant International Inc. As well as currently acts as the managing member of Banister Miller PLLC in Katy Texas. In addition he serves in the Fort Bend County District Attorney's Office.

Practice Areas are Business Law, Criminal Law, Insurance Defense, Maritime Law, Personal Injury, Real Estate Law, and Workers' Compensation.

Jurisdictions he is Admitted to Practice in are the State of Texas. Mr Banister Studied at the South Texas College of Law is a Doctor of Jurisprudence/Juris Doctor (J.D.) Professional Associations are The Texas State Bar #24043012 and been a Member since 2004

Education

South Texas College of Law, J.D., 2004 Texas A&M University B.S., Economics, B.S. Political Science, 2001

Activities & Affiliations

Parks and Recreation, City of Fulshear

Fort Bend Central Chamber of Commerce Leadership

Duties, Accomplishments and Related Skills: 

Received Recognition of Service award as a Prosecutor in April 2013 from the Department of Justice and Federal Bureau of Investigation.

•Currently provides General Counsel (  business) services of an attorney 

And business consultant.

• Taught Arrest Search and Seizure Law (4th Amendment); Instructed Officers 2009 -2019 regarding Legislative Updates to various local Law Enforcement Agencies; Instructed Officers on Arrest Search And Seizure law for TCLEOSE credit at Richmond Police Department; Created Course Material and Instructed officers for Texas Narcotics Officer Association on Search & Seizure (4th Amendment) law 

for TCLEOSE credit.

• Oversaw the Asset Forfeiture civil cases, reviewing Chapter 59 affidavits assuring there exists probable cause for the seizure of contraband or proceeds of criminal activity. Responsibility included the administration of the asset forfeiture account for the State and Federal compliance rules and provide internal audit of all awarded or otherwise disposed forfeiture property and/or U.S. Currency.

• Delivered weekly presentations to Grand Jury members requesting they vote to find Began Prosecuting Criminals for the citizens of Fort Bend County in the District Attorney’s Office 2007; prosecuting mostly misdemeanor cases whereby going to Trial primarily on DWI’s, Evading Arrests, and Protective Orders. Assisted in the technological and physical support of several DWI “No Refusal” weekends in assisting in the drafting of blood draw warrants and “riding along” with officers during the middle of the nights/weekend programs.

• In 2008, Transferred to the Narcotics & Gangs Division and began working directly with the Fort Bend County Narcotics Task Force, the Tri-City Special Crimes Unit and other local undercover Narcotics agents in the development of ongoing narcotics or gang investigations.

• Beginning In 2008 served as a consultant, legal advisor, and member of the Fort Bend County Narcotics Task Force, a multi-agency task force and HIDTA initiative group, on a daily basis. Assisted Task Force Officers in development of strategy for undercover operations while providing legal guidance in the execution of said strategies such to not violate 4th Amendment Rights of citizens and avoid suppression of any evidence to be used in the ultimate prosecution. I have also served in this capacity for DEA operations (King of the Pill), ATF, ICE, FBI and the Texas Rangers assessing officer or agent's end goal, whether that’s to arrest a person or search a place, and providing consultation of the means to accomplish the end goal being cognizant of the potential 4th Amendment issues or evaluation of the evidence as it weighs towards a successful prosecution. 

• Beginning In 2008 served as a consultant, legal advisor, and member of the Special Crimes Unit, a joint multi-agency squad assigned to handle Vice related crimes such as all narcotics related charges, gang shootings, murder investigations, and prosecution etc., on a daily basis. Duties and range of involvement is the same as with Fort Bend County Narcotics Task Force previously noted. Additionally was assigned specialty prosecutions and to assist in ongoing investigations for Missouri City Police Department's Gang Unit (now subsumed by SCU), BAT team, and Cold Case homicide division. 

• Collaborated, created, advised, edited, and wrote over 250 Warrants for a wide variety of both Federal and State law enforcement agencies, including the following warrant types: Arrest Warrant, Search Warrant, Mobile Tacking Device, Pen Registers, Trap and Trace Orders, Geo-locate and PING warrants, cell tower electronic information order, cell phone access warrants, FLIR warrants, and many more.

• Prosecuted seeking Justice in criminal cases as first or second chair in over 80 contested Jury Trials/ Bench Trials /Sentencing Hearings/ or Motions to Suppress related specifically to felony Narcotics/Gangs and/or 4th Amendment Constitutional matters including Non-death capital murders, Murders, Home Invasions, Bank Robberies, Gang Shootings, Undercover Narcotics Task Force Operations and long term Narcotics Task Force operations against Drug Trafficking Organizations in conjunction with Federal Law Enforcement Agencies

• Successfully navigated the Extradition process with the Department of Justice to extradite a 1994 Double Homicide Murder suspect from Venezuela resulting in successful conviction as First Chair Prosecutor from a Jury to the murder of two college age boys in 1994. As with the prosecution of undercover narcotics cases includes assisting law enforcement in the investigation and operation phases of a criminal investigation, I additionally assist in the examining of evidence and consultation with homicide detectives throughout the county on cold case murders and current ongoing murder investigations.

• From 2008-2019, began teaching classes at the Gus George Academy for cadets seeking licensure through TCLEOSE in areas of the Controlled Substances probable cause exists and indict defendants for a variety of felony offenses in thousands of cases.

• In seeking Justice, negotiated plea bargains in thousands of criminal cases by analyzing the facts of each criminal incident, and then providing defense counsel with the current case specific applicable legal standards and law as codified or determined by The United States Supreme Court and Texas Criminal Court of Appeals.

• Provided instruction as a daily mentor to less experienced prosecutors; advised my peers when called upon, and communicate daily with officers in an effort to expand my own knowledge and understanding of narcotics, gangs, and human psychology and provide support and consultation for them in day to day investigations with a legal and practical analysis of officer's case by case issues. 

Steven R. Dunn - Principal and Owner of the Dunn Law Firm. Practice concentrates in complex civil litigation work in all Texas state courts and the Northern, Eastern, Southern and Western Districts of Texas, the District Court of Colorado, the Northern District of Florida, the Fifth Circuit Court of Appeals, the Tenth Circuit Court of Appeals, the Fourth Circuit Court of Appeals as well as experience defending Fair Debt Collection Practice actions in federal courts in the states of Alabama, Arkansas, Arizona, California, Colorado, Florida, Georgia, Kansas, New Jersey, New York, New Mexico, Minnesota, Missouri, Oklahoma, Illinois, Indiana, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Virginia, Washington, and West Virginia.  Areas of practice include complex class related litigation, Fair Debt Collection Practices defense, Telephone Consumer Protection Act defense, premises liability, banking and U.C.C. law, securities fraud, patent infringement defense, business litigation, employment law, deceptive trade practice, bad faith litigation and other insurance related litigation. Experience includes overseeing compliance issues and corporate matters. MAPlist member.  Representative clients include: First Credit of America, L.L.C., Progressive Financial Corporation, Diversified Collection Services, Inc., Diversified Consultants, Inc., Performant Recovery, Inc., Global Connect, Inc., Lazarus Financial Group, Inc, H & P Capital, Inc., Firstsource Advantage, L.L.C., National Credit Adjusters, LLC, Paul Law Offices, L.L.C., Jason Evans Law Firm, Travelers Insurance Group, Kramer & Fox, L.L.C., 5 Point Power of Texas, L.L.P., Access Group, Inc., Silver Financial Services, Inc., Pistris Holding Company, Inc., Dubaha Security, L.L.C., Dubaha Cellular, Satellite & Communication, Alarm Debt Liquidation Group, Pistris Promotions, L.L.C., Harris Tool and Specialty Co., Inc., Clark & Company, Inc., YDS Woodworking, Inc., Spine Diagnostics and Therapeutic Clinic, Enterprise Solutions, Inc., Dallas Acrylic Design, Inc., Seamans Lawn & Landscape, Inc., Magnolia Energy Company, Pepperwood Capital Partners, LLC, Pepperwood Fund II  Related employment:  Smith & Moore, L.L.P.  Matthews & Griswood, L.L.P. merger April 6, 1992 - June 1993 First chair and support responsibilities in complex litigation involving both bench and jury trials. Areas of practice included premises liability, receivership proceedings and creditors’ rights litigation.  Obtained $5M jury award in June 1993 for general creditors in complex receivership proceeding. Representative clients included Sears, Roebuck and Co. and Allstate Insurance Company.   Matthews & Griswood, L.L.P.  October 1, 1989 - April 1, 1992 Senior Associate – Litigation First chair and support responsibilities in complex litigation. Practice focused primarily in the areas of business tort defense, product liability defense, patent defense, premises liability defense and insurance related litigation. Experience in slip and fall defense, premises liability defense, slander and false imprisonment defense, London insurance and brokerage market, reinsurance and premium financing insurance disputes, securities fraud prosecution and creditors' rights litigation.  Organized, developed and prosecuted litigation against a claims adjusting firm and off-shore reinsurance entities resulting in a settlement of over $1M and a judgment exceeding $4M for the client.   Ashley & Welch, P.C.  June 1984 - October 1, 1989 Associate - Litigation EDUCATION: University of Houston Law Center Doctor of Jurisprudence, May 1984 University of Texas at Austin Bachelor of Science, May 1981  HONORS, ACTIVITIES, PUBLICATIONS AND CITES OF NOTE: TEDx talk, “To Kill the Monster – Empowered Treatment of Eating Disorders,” April 2017, University of Texas at Dallas  TEDx talk, “Let There Be Light – A Bold Solution to the Ineffective Treatment of Eating Disorders,” March 2018 TEDxOakLawn  Blogger on eating disorder issues:  https://www.blogger.com/blogger.g?blogID=2369679007407105393#allposts  Video, Morgan Dunn, Highland Park United Methodist Church, May 2017, [Over 250,000 views]  Houston Journal of International Law Editor-in-Chief 1983-1984  Note, Civil Rights Law and United States Treaties: Stagnating in Judicial Limbo, 5 Hou.J.Int'l.L. 323 (Spring 1983)  Note, Express Consent Under the TCPA, Is It Safe? Journal of Consumer & Commercial Law, Vol. 17, No. 1 (2013) Dunn v. Street, 938 S.W.2d 33 (Tex. 1997) (clarified the standard for objecting to visiting judges)  Burns/Kline v. Anderson, Crenshaw & Associates,   L.L.C., Civil Action No. 07-CV-001192- WYD-BNB, District of Colorado (summary judgment obtained for client with court imposing intentional infliction of emotional distress standard for actual damages in FDCPA cases)  Dean Hinderliter, et al v. Diversified Consultants, Inc., Civil Action No. 6:12-cv-1314, Northern District of New York (summary judgment obtained for client with court holding as a matter of law that client’s telephone calls to debtors did not violate the FDCPA)  Mitchell Vanglider v. Lazarus Financial Group, Inc., Civil Action No. 4:10-cv-527-RH/WCS, Northern District of Florida (summary judgment obtained for client in class action case with court for the first time in 11th Circuit applying the materiality standard for violations of the FDCPA)  Johnny O’Connor v. Diversified Consultants, Inc., Civil Action No. 4:11-cv-1722-RWS (E.D. Mo. May 2013)(FDCPA and TCPA classes denied with court holding that express consent applied to third party debt collector with order having industry wide implications)  

Eric Tautfest – Mr. Tautfest is a skilled patent litigator and trial lawyer with extensive experience assessing the viability of patent monetization strategies and implementing aggressive patent enforcement litigation and licensing programs from inception through end-of-life.  He has a long history of prosecuting and defending patent infringement claims in Federal court, and before joining Gray Reed, was a founding member and chief licensing officer of a large patent monetization entity.  Eric’s ability to reach timely and resourceful resolutions has led to his serving as settlement counsel in numerous patent infringement cases.  Representative Experience:  Negotiated the funding, purchase and documentation of four large patent portfolios from three major multi-national electronics companies.  Represented a mobile telecommunications innovator in litigation and in connection with the sale of its patent portfolio for $160 million. Founding member of the company that financially backed two patent litigations, each resulting in several hundred million-dollar judgments in favor of the financed party.  Sale of acquired patents to a major U.S. semiconductor company for better than eight times return to investors within six weeks of acquisition.  As settlement counsel, negotiated and closed multi-party litigation settlement and patent portfolio license on behalf of licensor software company.  Represented multi-national electronic payment services company as settlement counsel in multiple concurrently pending multi-party patent infringement litigations, resulting in all defendants settling. Personally negotiated all settlement and patent license agreements.  Represented U.S. photographic technology company in multiple multi-party patent infringement litigations as settlement counsel, resulting in all defendants settling. Personally negotiated all settlement and patent license agreements. First-chaired litigation teams in four concurrently pending suits.  Represented computer networking and software company as settlement counsel in multi-party patent infringement litigation, resulting in all defendants settling. Personally negotiated all settlement and patent license agreements.  Represented U.S. based VoIP telecommunications company in patent infringement litigation and trial against multiple competitors, with trial resulting in settlement of the three remaining defendants settling at the close of our presentation of evidence.  Represented major U.S. based multi-national oil services company in patent infringement litigation and trial against main competitor, with trial resulting in judgment for willful infringement of three patents. Received the third largest patent judgment that year.  Represented auto finance company against major automobile insurance company in trademark infringement suit, which resulted in obtaining assignment of infringing marks and license with eightfigure license fees. First-chaired litigation team with suits pending in two federal districts. Personally negotiated settlement and license agreement.  Defended national real estate investment trust in class action seeking damages in excess of $125 million obtaining denial of class certification. First-chaired trial of individual claims on merits, obtaining favorable verdict and judgment, zeroing out all claims.  Defended against claims brought by major software company for misappropriation of trade secrets, breach of confidentiality and breach of covenant not to compete obtaining dismissal of all claims with prejudice. First-chaired litigation team.  Defended local clothing retailers against copyright infringement claims obtaining dismissals of all claims with prejudice. First-chaired litigation team.  Represented national consumer specialty electronics manufacturer and retailer in multiple patent infringement cases against competitors, each resulting in settlement and license agreements favorable to client.  Defended major multi-national manufacturer of mobile telecommunications equipment in patent infringement litigation obtaining dismissal with prejudice of three asserted patents.  Represented major direct seller and multilevel marketer of home decorative and gift products in misappropriation of trade secrets and unfair competition lawsuit against competitor, resulting in several million-dollar settlement in favor of client. Articles & Publications Co-Author and Presenter, International Litigation: A Confluence of Customs, Culture and Commercial Activity, Continuing Legal Education presentation, July 28, 2006. Author, Temptations to Take: Misappropriation of Trade Secrets, Damages and Remedies, Vol. VII No. 2 Computer L.R.  and Tech. J. 117, 117-147, Winter 2003. Co-Author, International Arbitration Clauses and Federal Preemption, http://www.obeliskcom.com/intlaw/cle.html. Co-Author and Presenter, Legislative and Case Law Update to International Business Transactions, International Law Section of the Dallas Bar Association, Continuing Legal Education presentation, October 1999