Clark McCoy has experience in a variety of civil litigation matters in both federal and state trial courts with an emphasis on representation of governmental entities.
Mr. McCoy is the Municipal Attorney for two home-rule Texas municipalities, the City of Anna and the Town of Fairview, both in Collin County, and he also serves as the Municipal Attorney for the City of Aubrey, a Type-A general law municipality located in Denton County. Mr. McCoy helps to frame customized solutions for the opportunities and challenges brought by rapid growth in those communities. He also represents Type A and Type B economic development corporations and other business entities. For the past sixteen years, he has provided consulting attorney services to other governmental entities in various matters including land use and development, eminent domain, annexation, zoning, public employment, and transactions and he regularly litigates on behalf of governmental entities throughout North Texas. Mr. McCoy has argued in and obtained favorable rulings from federal and state district and appellate courts in various cases including: City of Celina v. Dickerson, Town of Fairview v. Lawler, City of Argyle v. Pierce and Clear Channel Outdoor, Sadeghian v. City of Aubrey, City of Van Alstyne v. Young, Dildy v. City of Rockwall, Williams v. City of Pilot Point, Villasana v. McKinney Police Dep’t, Criswell v. City of Murphy, Boaz v. Town of Marshall Creek, Brewer v. Collin County, Reeder v. Paris News and City of Paris, Fischer v. Administrative Office of U.S. Courts, State v. One (1) Henry.22 cal Rifle w/ Tasco Scope, Chamness v. Deck Enterprises, LLC, Sloan v. Rohus.
Mr. McCoy earned his J.D. from Southern Methodist University and admitted to bar, 1997, Texas.
Publications: Author: “Federal Preemption-Can Local Land Use Regulation of Radio Broadcasting Towers Withstand the Challenge?” IMLA, Municipal Lawyer, Vol. 45 No. 5, Sept.-Oct. 2004. Speaker: “Ethics and Professionalism,” Texas Bar Leaders Conference, 1999.
United States District Court, Eastern District of Texas, 1998, and Northern District of Texas, 1999; United States Court of Appeals, Fifth Circuit, 2000; United States Supreme Court, 2002; United States Court of Appeals, Ninth Circuit, 2003.
State Bar of Texas; Bar Association of the Fifth Federal Circuit; Texas City Attorneys Association; International Municipal Lawyers Association. Frisco, Texas location
James C. Tidwell
James C. Tidwell has trial and litigation experience in a variety of patent , employment, governmental, civil rights, commercial litigation and personal injury matters in both federal and state courts. Out of his trial practice also grew additional general counsel work as well as an appellette practice.
Mr. Tidwell currently serves as general counsel for the City of Howe, City of Savoy, City of Ector, Grayson County, and the Sherman Independent School District. He also currently provides consulting services to the City of Irving. Mr. Tidwell also serves as lead counsel in cases for the City of Rockwall pending in Rockwall County. One case concerns flood-plain issues and the other case concerns the erection of a billboard sign. In addition, Mr. Tidwell served as lead counsel for the following entities in various litigation matters in both state and federal court: the City of Irving, the City of Heath, the City of Sherman, the City of Whitewright, Cooke County, Grayson County, and Fannin County. Mr. Tidwell also handles litigation assignments for the Texas Municipal League Intergovernmental Risk Pool for cities in the North Texas area. Mr. Tidwell also serves as local counsel in complex cases pending in the eastern district of Texas, including cases pending in Sherman, Tyler, Marshall, Texarkana and Plano.
Mr. Tidwell earned his Bachelor of of Science (magna cum laude) and J.D. from Texas Tech University and admitted to bar, 1990, Texas.
United States District Court, Eastern District of Texas, 1991, and Northern District of Texas, 1993; United States Court of Appeals, Fifth Circuit, 1996.
Fellow Texas Bar Association; Grayson County Bar Association; State Bar of Texas; Bar Association of the Fifth Federal Circuit; Bar Association for the U.S. District Court for the Eastern District of Texas; Texas Association of Defense Counsel; Defense Research Institute; Texas Association of School Boards Council of School Attorneys; Texas City Attorneys Association; International Municipal Lawyers Association. Sherman, Texas location.
Fraternities: Board of Barristers, Phi Delta Phi. Committees: 2006 State Bar of Texas Suing and Defending Governmental Entities (Planning Committee). Speaker: “Juveniles and Law Enforcement Interaction,” 18th Annual Suing and Defending Governmental Entities Course. Speaker: “Corralling the Pro Se Plaintiff,” Texas Municipal League 2000 Workshop; “Contracting, Purchasing and Claims,” Texas Municipal Clerks Certification Program, 1997.
David V. Overcash
David V. Overcash joined the firm in 2011 and provides our clients the full spectrum of legal services, including civil litigation in federal and state trial courts, appellate matters, and advising governmental bodies on best practices and regulatory compliance.
Mr. Overcash serves as the City Attorney for the City of Princeton (Collin County) and the City of Aubrey (Denton County), which are both Type-A general law cities. In addition to those duties and his work for other municipalities, Mr. Overcash provides both litigation lead and consulting attorney services on an individual case basis, including excessive force accusations against law enforcement officers and jailors, eminent domain, property disputes, construction defects, minority shareholder rights, and contract actions. Recent appellate work has included successful defense of a Texas municipality’s sex offender residency restriction ordinance (SORRO) to the Texas Supreme Court (City of Krum, Texas v. Rice) and preserving a favorable summary judgment defending a municipal police officer against an excessive force claim (Morrill v. City of Denton, Texas).
Mr. Overcash earned a B.A. in Chemistry from Texas A&M University in 1996 and his law degree from Southern Methodist University in Dallas in 2010. David clerked with the Dallas County District Attorney’s Office, assisting the felony prosecutors in Criminal District Court, and applies his expertise in criminal matters as prosecutor on behalf of the State of Texas and several municipalities in North Texas. Mr. Overcash’s uncommon and extensive experience working with municipalities after a decade of service with the City of Dallas Water Utilities, giving him an intricate, ground-level working knowledge of municipal utility operations and water-related issues. This background provides exceptional insight to clients regarding environmental compliance issues, capital improvements, public health matters, and the technical aspects of both water and wastewater utilities.
State of Texas; Eastern District of Texas; United States Court of Appeals for the Fifth Circuit
SMU Science & Technology Law Review (Articles Editor); SMU Dedman School of Law Dean’s Scholarship Recipient; National Order of Barristers; Mastery in Advocacy – Dedman School of Law 2010; American Corporate Counsel Association – Larry Margolies Fellowship
State Bar of Texas; Dallas Bar Association; Texas City Attorneys Association
Pete Eckert has experience in a variety of civil litigation matters in both federal and state trial courts with an emphasis on representation of governmental entities and commercial litigation.
Mr. Eckert currently serves as the City attorney for the City of Heath and the City of Rockwall as well as water corporations and other governmental entities. He successfully argued an annexation case important to all Texas cities in the Supreme Court of Texas styled City of Rockwall, Texas v. Vester T. Hughes, as Sole Independent Executor of the Estate of W. W. Caruth, Jr. He also serves as consulting attorney to the City of Celina and works with Mr. McCoy as additional trial counsel for the Town of Fairview. Mr. Eckert earned his J.D. from the University of Texas.
Texas; United States District Court, Northern District of Texas; and United States Court of Appeals, Fifth Circuit.
City Attorney, Bryan, Texas 1970-74; City Attorney, Garland, Texas 1974-82; practiced municipal and governmental law with Hutchison, Price, Boyle & Brooks and Cowles & Thompson, P.C., from 1984 to 2000; formed the firm of Caso, Egelston & Eckert, L.L.P., in 2000; joined Wolfe, Tidwell & McCoy, LLP, in 2006. Member: State Bar of Texas, International Municipal Lawyers Association; Texas City Attorneys Association. Garland, Texas location.