James E. Montgomery, Jr.
Top rated Mergers & Acquisitions attorney in San Antonio, Texas
Montgomery & Associates, PC
Practice areas: Mergers & Acquisitions, Estate Planning & Probate
Licensed in Texas since: 1978
Education: Southern Methodist University Dedman School of Law
Selected to Super Lawyers: 2008 Call today:
726-202-3272
Montgomery & Associates, PC
22211 West Interstate 10 Frontage RoadSuite 1206
San Antonio, TX 78257 Visit website
Details 
With around 50 years of experience in the legal sphere, James E. Montgomery, Jr. serves clients in San Antonio and other areas of Texas. Working for Montgomery & Associates, PC, he handles mergers and acquisitions, estate planning and probates. He designs corporate structures, from filing LLCs to the exit strategy in a buy-sell agreement. He acts as counsel for small- to mid-size corporations and represents purchasers in negotiating, evaluating and financing a purchase.
Mr. Montgomery Jr.'s extensive experience includes managing numerous cases, such as overseeing the acquisition of what was then the tallest building in Oklahoma City and managing large real estate portfolios. He has also provided counsel to mortgage servicing companies and handled the review and preparation of both commercial and residential property leases. He also provides consulting for acquired businesses in the marketing aspects of business sales.
After earning his bachelor’s degree from Duke University in 1975, Mr. Montgomery Jr. joined the Southern Methodist University Dedman School of Law, where he completed his law degree with a Juris Doctor. He has been licensed to practice in Texas since 1978. He was also previously board-certified in both commercial and residential real estate.
Mr. Montgomery Jr. is active in the legal community through his memberships at the Jefferson County Bar Association, the American Bar Association, the Maryland State Bar Association and the San Antonio Bar Association. He maintains a “Very Good” rating on Avvo and received an AV Preeminent* peer rating through Martindale-Hubbell. In 2009, he was named as the individual finalist for the San Antonio Ethics in Business Award by the San Antonio Business Journal.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.
Practice areas
Mergers & Acquisitions, Estate Planning & Probate- 60% Mergers & Acquisitions
- 40% Estate Planning & Probate
First Admitted: 1978, Texas
Professional Webpage: https://jamesmontgomerylaw.com/san-antonio-business-attorney...
Bar / Professional Activity
- State Bar of Texas, 1978
- Western District of Louisiana
- District of Maryland
- Founding Board of Governors for the Fifth Circuit Bar Association for the U.S. Court of Appeals in New Orleans, Louisiana, from 1983 to 1986, as the Governor for the Eastern District of Texas. Editor of the Fifth Circuit Reporter from 1983 to 1986
- United States Supreme Court
- United States Court of Appeals for the Fifth Circuit
- United States District Court, Southern District of Texas
- United States District Court, Northern District of Texas
- United States District Court, Eastern District of Texas
- United States District Court, Western District of Texas
- Jefferson County Bar Association, 1978–1989 — Treasurer (1986)
- San Antonio Bar Association (Publications, District Courts Committees)
Verdicts / Settlements (Case Results)
- Representing literally thousands of homeowners from Texas to the Washington, D.C. area, Mr. Montgomery’s litigation team reviewed tens of thousands of pages of documents to find the few documents that showed that a major chemical company knew that its plastic resin formed into water pipe would crack in the presence of oxygen and chlorine found in normal drinking water. Their efforts resulted in the complete re-piping of the homes as well as the payment of the homeowner’s attorneys' fees and damages in Texas and the Washington, D.C. area. This same product was used in thousands of installations of cold water service pipe by municipalities around Austin, Texas. Mr. Montgomery recovered for the cities of Round Rock and Burnet in Texas and several cities in Alabama, along with municipal water districts, including Lakeway Municipal Utility District near Austin, Texas.
- Represented guardians in a number of suits involving alleged breaches of trust with satisfactory resolutions.
- Represented numerous companies in matters involving non-competition and non-disclosure agreements ranging from employee theft to buy/sell agreements.
- DPT Laboratories v. Bath & Body Works, Inc., Western District of Texas. Represented the Plaintiff in a trade secret dispute over wrongful misappropriation of a formula. The case was settled favorably for the client.
- City of Round Rock, Texas v. Shell Oil Company, et al., Williamson County District Court. Represented the city in a suit to recover damages due to the use of a defective polybutylene water service pipe. Settled in mediation before trial. This matter is one of many polybutylene cases handled for cities, municipal water districts, and thousands of homeowners involving plastic pipe. Recoveries for clients were made in these cases in courts in Texas, Alabama, and Maryland.
- Represented numerous parties in real estate matters involving liens, title questions, restrictive covenants, and lender liability matters. Former outside counsel to FDIC and obtained numerous judgments on defaulted loan arrangements.
- Represented numerous parties in business breakups (divorces) involving alleged breaches of buy/sell agreements, partnership agreements, and other contractual relationships.
- Scout Royalty, et al. v. John Clanton, et al., Southern District of Texas. Represented lessors in an oil royalty dispute with the producer involving settlement of a take-or-pay contract. The case was settled at mediation on the eve of trial with significant recovery for the lessors in the face of published decisions holding no right of recovery.
- Representing a landlord, Mr. Montgomery obtained a judgment after trial in Federal Court in California against a bankrupt company. He was able to obtain payment of the judgment in a Chapter 11 case and regain possession of the real estate properties for his client with approval in the US Bankruptcy Court for Delaware.
- Mr. Montgomery represented a small long-haul trucker against a major truck manufacturer. After buying a number of new trucks and establishing a successful trucking business, the manufacturer talked the trucker into buying used trucks from the manufacturer’s leasing fleet. One of the trucks did not even make it out of the city limits on its first run. Within ninety days, the trucker lost his lucrative contracts due to no-shows. The manufacturer induced the trucker to refinance the trucks and then sued him when he could not pay for the trucks. Mr. Montgomery analyzed the refinancing and countersued the manufacturer for usury. After a jury verdict, judgment was entered for the plaintiff for usury. After appealing the decision, the manufacturer settled the case before a ruling was made by the Texas Supreme Court. Sumrall v. Navistar Fin. Corp., 818 S.W.2d 548 (Tex.App.-Beaumont 1991, writ denied)
- With an imaginative suit alleging violation of the Texas Consumer Protection Act, Mr. Montgomery represented a large group of landowners in Federal Court in Corpus Christi, Texas, against an oil and gas producer. The producer negotiated a settlement with a major gas pipeline company for the breach of a gas purchase contract. After soliciting the landowners’ assistance to obtain the settlement, the producer attempted to keep the settlement and only pay royalties on the much lower market gas price. After a lengthy mediation settlement on the eve of trial, Mr. Montgomery negotiated a favorable settlement for his clients in the face of a recent court of appeals decision that the landowners had no cause of action for such claims.
- When a major retail company decided to use a formulation of a product without involving the inventing company, Mr. Montgomery developed economic data on the profits made by the retailer. With detailed data obtained in discovery, the economic experts were able to project that the potential profits ran to the billions of dollars. The legal theory advanced included the award of damages for the disgorgement of profits from the use of the formulation by the retailer. Faced with that testimony, the trial team was able to obtain a very favorable settlement of the case short of trial.
Representative Clients
- Representation of a large government contracting company in the education and computer software area, 2025
- Representation of major document management company operating in Southwest region, 2025
- Major bakery supply company operating in multiple states, 2025
Transactions
- Represented purchaser in acquisition of Goebel Construction, Inc., 2017
- Represented dental company in sale transaction, 2025
- Represented major document and IT services company in multiple acquisitions, 2025
- Represented purchaser of government contracting firm, 2025
- Represented Seller in acquisition of ASG Energy LLC through holding company transaction, 2017
- Represented party in acquisition of Fresh Air Filtration Systems, 2018
- Represented Seller in acquisition of Dartmouth Pharmaceuticals, Inc., 2017
- Represented purchaser in acquisition of Advocate Home Health, 2019
- Completed advice and transaction services to Pedernales Brewing Company, LLC, a brewery located in Fredericksburg, Texas, on a $1,000,000 private placement successfully funded, 2011
Pro bono / Community Service
- Chair, Endowment Development Committee, Alamo Area Council, Boy Scouts of America, Inc., 2016
- Board of Directors, Alamo Area Council, Boy Scouts of America, Inc., 2019
- KLRN Wine Festival, co-chairperson with wife Linda Montgomery, 2006.
- American Cancer Society, Local Board of Directors, 2000 Cattle Barons Gala, Live Auction Chair; 2001 Cattle Barons Gala, Sponsorship Chair; National Excalibur Society Member.
- March of Dimes Celebrity Serve Luncheon, Co-chairman 1998-99; Chair 1999-2000.
- Board of Directors, San Antonio Youth Literacy/Leadership, 1997-2000
- Board of Directors for the Boys & Girls Clubs of San Antonio, Inc., 1994-97; Chairman of Golden Gloves Regional Tournament 1995-96, 1996-97
- Active in the Boy Scouts of America, having received the Eagle Scout Award, served as Assistant Scout Master, Cub Master, and District Chairman for three separate terms in two different councils, and participated in fundraising for the local council.
- Rotary International: Assistant Rotary Coordinator 2010-2011, Rotary International Assembly, International Training Leader 2011, 2012—selected as one of 40 instructors worldwide to train 532 incoming District Governors from around the world.
- Volunteer SA Reads campaign to stop illiteracy in the second grade throughout San Antonio, Bexar County, and the 44 counties of the Rotary District.
- Chair, Haven for Hope Committee 2010-2011.
- Rotary District 5840, District Governor for 2008-2009. District Governor is a Rotary International officer in a district that covers 44 counties in South Central Texas with almost 3,000 Rotarians. The governor oversees operations, fundraising, training, and Rotary Foundation activities. District membership grew more than any other district in the Continental US. The sponsored Vocational Transformation Center is raising over $400,000 towards a 3-year goal of $1,250,000.
- Alamo Heights Rotary Club, President 1997-98, Board of Directors (1994-99), Past Chairman for International Service and Community Service, Past Chairman of the Rotary Foundation, Paul Harris Fellow, Rotary Foundation Benefactor. Past Chairman of Alamo Heights Nite, 1996. Member of Rotary International since 1983.
- Rotary Club of San Antonio at the Dominion, Charter Member, Community Service Lane Chair 2003-4, Historian 2003, Chair of Wild West Days 2005, Program Chair 2010-2011. Rotary Foundation: Multiple Paul Harris Fellow, Paul Harris Society member, Major Donor, and member of the Bequest Society. Participated in coordinating two Matching Grants from the Foundation to distribute wheelchairs with the Wheelchair Foundation in Mexico and Africa.
- Chairman of the Board, Scouting America Alamo Area Council, Inc., 2025
- General Counsel, Alamo Area Council Boy Scouts of America, Inc.
Educational Background
- Duke University, Bachelor of Arts, 1975
Scholarly Lectures / Writings
- "Bankruptcy—Effects on Secured Claim," in Foreclosure and Repossession in Texas, National Business Institute, Inc., 1989.
- "Business Litigation," 2001 State Bar of Texas Advanced Civil Litigation Seminar, San Antonio (paper by Kim Askew of Hughes & Luce).
- “The Legal Aspects of Y2K on Business”—San Antonio Hospital Association, 1998.
- "Five Deadly Weapons Businesses Use to Kill Themselves"—1998"
- "Water Rights Boundary Law Seminar"—1993".
- Selling a business is not like putting a sign out front of the building and putting an ad on the internet. Sometimes the seller of a business has one foot in and one foot out of a business because she has already made the decision to sell and retire. Unfortunately, that business is not worth as much without working on the sales to reverse that trend. Sometimes a sale occurs because of a horrible personal situation. That business is not worth as much as what it could have been with some simple planning. Families sometimes own a business but have never talked about how it transfers from one generation to another. As a result, the sale price is less, and more tax is paid than necessary by the generation that is selling. All businesses have six systems that make them work better and be worth more to a buyer. No one wants to buy a business to have a job. Well, some might, but they won’t pay what the business could sell for. Author, Sell Your Business and Profit, Amazon, Manufacturing, Construction, Retail, Service, 2018
Other Outstanding Achievements
- Outstanding Young Man in America, 1983
Honors
- Rated “AV”, from Martindale Hubbell, 1996 to present
- Named a Super Lawyer in Texas and featured in Texas Monthly
- Texas Super Lawyers, 2008
- Who's Who in American Law, 1996-Present
- Finalist in Individual category in Ethics in Business Initiative sponsored by the San Antonio Business Journal, the Ecumenical Center for Religion and Health and the UTSA Business School. Ecumenical Center For Religion and Health, 2008
Industry Groups
- Business
- Construction
- Food Processing
- Manufacturing
- Marketing
- Pharmaceutical
Office location for James E. Montgomery, Jr.
22211 West Interstate 10 Frontage Road
Suite 1206
San Antonio, TX 78257
Phone: 726-202-3272
Selections
1 Year Super Lawyers
- Super Lawyers: 2008
