Terri Combs' Iowa Supreme Court Application
Terri Combs' Iowa Supreme Court Application
Terri Combs' Iowa Supreme Court Application
4. Age: EJ
5. Gender {Female/ Male): F_e_m
...._I _a_l_
e ___.
6. Race/ethnicity: / White/Caucasian
Please provide this information so we can determine the extent to which the Iowa courts are
attracting candidates from diverse racial/ethnic backgrounds. Please write in the one or two
categories that best fit(s) your background.
• Asian/Pacific Islander (e.g., Chinese, Japanese, Vietnamese, Indian, Pakistani, Filipino, Indonesian, native Hawaiian)
7. Are you related (within the third degree of consanguinity) to any of the members of the State
Judicial Nominating Commission involved in the selection process for the position for which you
are submitting this application? (Yes or No) If your answer is "yes," please explain.·
No
8. Have you ever had a social relationship or business relationship (e.g., as a business or law partner)
with any of the members of the State Judicial Nominating Commission involved in the selection
process for the position for which you are submitting this application? (Yes or No) If your answer is
"yes," please explain.
No
Supreme Court Justice I Court of Appeals Judge Application - Part 1: Personal Background Page 1 of 17
9. Explain why you are seeking this judgeship position:
The rule of law and respect for our judicial institutions are critical to our society. Being able to
foster that and serve Iowans would allow me to bring my experience, temperament and
scholarship to this important role. The idea of serving as a judge has appealed to me ever since
I worked as a law clerk many years ago. It is an important job, and one worth doing.
My law practice spans a 35-year period of ongoing litigation, trials, arbitrations, appeals and
regulatory administrative investigations in different forums and jurisdictions. I have dealt with
everything from multi-million-dollar complex business cases that carried criminal and
regulatory issues, to smaller disputes for clients who could little afford a lawsuit. The practice
of law is also changing with technology and judges have to understand how this affects the
process. Practicing through these years impressed upon me the importance of process,
fairness, prompt rulings, and the need for good courts. I have no personal agenda other than
to uphold the law and to enhance respect for the Court and its authority.
11. Identify any offenses for which you have ever been convicted or pied guilty for the violation of any
federal law or regulation, state law or regulation, or county or municipal law, regulation, or
ordinance, excluding convictions that have been properly expunged. Do not include traffic
violations for which the court imposed a fine of $250 or less, unless you were arrested. (Use "Tab"
in last row to add more rows.)
12. Has any local, state, or federal office/agency ever assessed or threatened to assess you with a civil
or criminal penalty in connection with the reporting of, or failure to report, your federal, state, or
local taxes? (Yes or No) If yes, provide details.
No
13. Have you ever been the subject of a no-contact order? (Yes or No) If yes, provide details (case
number, county, state, date issued, date rescinded, and reason for the NCO).
No
14. Have you ever been a party in any legal proceeding (excluding traffic violation cases for which a
fine of $250 or less was imposed, unless you were arrested)? If yes, provide the following
information: (Use "Tab" in last row to add more rows.) No
Supreme Court Justice I Court of Appeals Judge Apptication+ Part 1: Personal Background Page 2 of 17
Case number County, Date filed Date close Description of case and outcome
State
15. Have you ever been publicly disciplined in any manner for a breach of professional ethics or
unprofessional conduct by any court, administrative agency, bar association, disciplinary board, or
other professional group? If yes, provide the following information: {Use "Tab" in last row to add more
rows.) No
Name of discipline board Date Description of the ethics Description of the public
or agency discipline violation discipline
imposed
16. List each college and law school you attended, including the dates of attendance, the degree
awarded, and your reason for leaving each school if you did not receive a degree from that
institution was awarded. (Use "Tab" in last row to add more rows.)
17. List any relevant honors, prizes, awards, or other forms of recognition that you have received for
educational, professional, or community contributions/achievements. {Use "Tab" in last row to add more
rows.)
Representative for the U.S. District Court for the U.S. Dist. Chief 2012
Supreme Court Justice I Court of Appeals Judge Application - Part 1: Personal Background Page 3 of 17
Southern District of Iowa to the 8th Circuit Judicial Judge Robert Pratt
Conference Planning Committee
Faegre & Benson Nominating Committee Chair Faegre & Benson 2010
Chair
Faegre & Benson Forum for Women's Achievement Faegre & Benson 2011
Steering Committee Chair
Des Moines Metro Opera Board DSM Metro Opera 1998-2014
Leadership and
Board
Faegre & Benson Des Moines Office Executive Faegre & Benson 2008-2013
Partner Management Board
Law Review Staff and then Case & Notes Editor for The Editorial Board 1980-1982
The Tax Lawyer Law Review at Georgetown of the Tax Lawyer
University Law Center and Georgetown
Law
Congressional Intern to Hon. Gene Taylor, U.S. Congressman Taylor Summer 1978
Congressman (R, MO)
18. List all articles and books you have published; include the citations and dates. {Use "Tab" in last row
to add more rows.)
Post-Award Proceedings and Appeals/ Alternative Dispute Resolution Practice Guide, Section
14:1 (Bette J. Roth, Randall W. Wulff and Charles A. Cooper, eds., 1993, 1996 - 2009)
Lying to the SEC: The Basics of the False Statements Statute, ALI-ABA Course Materials Journal,
23rd Annual Securities Litigation Program (1999)
The Tests for Broker-Dealer Secondary Liability and The Tensions Between Regulatory
Settlements and Customer Actions, ALI-ABA 22nd Annual Securities Litigation Program {1997)
19. List all public presentations you have made at educational, professional, or other public forums;
include the citations and dates. {Use "Tab" in last row to add more rows.)
How to Drive Your Legal Practice and On Line LeftFoot Business June,2016
Own Your Career Podcast Development Podcast
Acceptance speech on behalf of Faegre Des Moines, IA Greater Des Moines January,
Supreme Court Justice I Court of Appeals Judge Application - Part 1: Personal Background Page 4 of 17
Baker Daniels for Inclusion Award from Partnership 2015
Greater Des Moines Partnership
Complex Litigation: Preparing and Atlanta, GA Hispanic National Bar April, 2013
Defending "Bet the Company" Cases Association Corporate
Counsel Conference
When Big Brother Comes Calling: Des Moines, IA Iowa Association of 2010
Regulatory Inquiries and the Resulting Corporate Counsel
Internal Investigations and Parallel
Litigation
Legal Developments in the Broker- San Antonio, Insurance Affiliated Spring 2006
Dealer/Securities Industry Texas Broker Dealer
Association
Ethical Issues for Corporate Counsel Des Moines, IA Principal Financial 2005
Group In-House CLE
Supreme Court Justice I Court of Appeals Judge Application - Part 1: Personal Background Page 5 of 17
SEC Enforcement Developments: Boston, MA ALI-ABA Annual 1997
Internal Investigations and Supervisory Securities Litigation
Issues Seminar
20. List all part-time and full-time teaching positions you have held. {Use "Tab/I in last row to add more rows.)
21. List the courts or jurisdictions in which you are, or have been, admitted to practice law, including
any administrative bodies with special admission requirements, and the dates of admission for
each. {Use "Tab/I in last row to add more rows.)
State and federal jurisdictions in which you are, or have been, Month/Yr
admitted to practice law Admitted
United States Court of Appeals for the Eighth Circuit June, 1983
United States Court of Appeals for the Second Circuit December, 1998
United States Court of Appeals for the Third Circuit May, 2006
United States District Court for the Southern District of Iowa December, 1994
United States District Court for the Northern District of Iowa January, 1995
United States District Court for the Southern District of New York September, 1984
United States District Court for the Eastern District of New York September, 1984
22. List chronologically the employment you have had since your initial admission to practice law in
any state or federal jurisdiction. For each time period, provide the following information as
applicable:
Supreme Court Justice I Court of Appeals Judge Application - Part 1: Personal Background Page 6 of 17
a. If you served as a law clerk to a judge, provide the name of the judge, the court, and the
court's location.
Dates (From -- To) Name of judge, name of court, and court location
7/82 to 7/83 Judicial Law Clerk to Hon. Myron H. Bright, U.S. Court of Appeals for the
Eighth Circuit, St. Louis/St. Paul
8/83 to 7/86 Seyfarth Shaw, Fairweather & Geraldson, New York, NY (approx. 350
attorneys) Associate· Attorney.
7/86 to 7/94 Baer Marks & Upham, New York, NY (approx. 150 attorneys). Associate
Attorney from 7 /86 to approx. 12/92 and Partner from 1/93 through· 6/94.
7 /94 to present Faegre Baker Daniels LLP, Des Moines, IA (formerly Faegre & Benson LLP).
(750 attorneys). Partner from 6/94 to present.
b. If you have practiced law, provide the following information for each position you have held:
(1) Name of the law firm(s), company, or government agency that employed you,
(2) City and state where the office was located,
(3) Number of attorneys in the law firm or agency,
(4) Whether you were a partner in the firm,
(5) The areas of law in which you practiced, and
(6) A description of the typical clients you represented. (Use ''Tab// in last row to add more rows.)
Dates (From --To) Description of law practice (address topics in 22(b)(1) - (6) for each time period)
8/83 to 7 /86 Associate attorney, hired to support both the securities litigation and
employment defense practices. Primarily worked in securities litigation.
Typical clients were investment banking firms, public companies, and
securities broker dealers. Spent substantial time working on a commodities
case involving the alleged cornering of the silver market and a proxy contest
involving a Texas public company.
7 /94 to present Primary practice is in financial services litigation for clients in the banking,
insurance, and financial services sectors, as well as litigation involving
mergers & acquisitions. Typical clients have been banks, insurance
companies, investment banking companies, corporate trusts, agricultural,
communications, entertainment, and health care companies. I continue to
practice in New York as well as Iowa, and in other jurisdictions on a pro hac
vice basis.
Supreme Court Justice I Court of Appeals Judge Application - Part 1: Personal Background Page 7 of 17
23.· Regarding your legal experience:
a. Approximately what percentage of your court appearances have been in the following types
of courts?
b. Approximately what percentage of your time have you spent on the following types of cases?
Types of cases % of your time
(3) Criminal
(4) Domestic
(5) Juvenile
(6) Probate
(7) Other (describe):
c. In the past 10 years, approximately how many cases have you tried to a conclusion (rather
than settling) before a judge and before a jury? Indicate the number in which you were sole
counsel, chief counsel, or associate counsel.
Tried before a 0 0 0 0
judge*
Column Total 2 0 2 0
*not including arbitrations
d. In the past 20 years, in approximately how many cases have you have represented a party
in an appeal to an appellate court in any state or federal jurisdiction? Indicate the number
in which you were sole counsel, chief counsel, or associate counsel.
Supreme Court Justice /Court of Appeals Judge Application - Part 1: Personal Background Page 8 of 17
Appellate court* Total# # as sole # as chief # as # in which you
of counsel counsel associate presented oral
appeals: counsel argument
Federal Circuit 8 0 7 1 1
Court(s)
Total 14 0 13 1 5
* Count it as an appeal to an intermediate court of appeals (ICA) -- e.g., Iowa's Court of Appeals -- if the
state intermediate court of appeal initially handled it; count it as a separate appeal to the supreme court
(SC) if the SC accepted it upon a petition for further review from the ICA; count an appeal to the supreme
court if the SC retained jurisdiction without first assigning it to the ICA. {Use "Tab" in last row to add more
rows.)
e. Describe the general nature of your current law practice, including the substantive areas of
the law in which you practice (e.g., civil, domestic, criminal) and the approximate percentage
of time you have spent on each area over the past five years:
In the past five years my practice has focused on civil, business-oriented matters, primarily in the
areas of mergers and acquisitions disputes and in financial services related litigation. These cases
included, for example: (a) a dispute in Delaware Chancery Court over the fraudulent transfer of
ownership rights to a limited liability company's assets, which in turn included stock listed on a
London stock exchange; (b) a breach of contract action for a bank against a retail company that
utilized the bank's credit card facilities for its retail customers; (c) a breach of an asset purchase
agreement between the buyer and seller of an agricultural company; (d) defending against a
suit by would-be purchasers of memberships in an Iowa limited liability company seeking to
compel the transfer of shares; (e) defending against claims filed in Wyoming by the Receiver of
a Chinese company against an investment banking firm that had underwritten the public offering
of the company's stock; (f) representing a telecommunications company in a dispute regarding
its municipal franchise agreement and (f) defending an agricultural company against a claim of
interference with contractual relations by a competing company.
Supreme Court Justice I Court of Appeals Judge Application - Part 1: Personal Background Page 9 of 17
24. Describe three of the most significant legal matters that you have personally handled. For each of
the significant legal matters include the following information:
Note: if the matter was confidential, please avoid the use of any information that may allow
disclosure of the identity of the parties.
Supreme Court Justice I Court of Appeals Judge Application - Part 1: Personal Background Page 10 of 17
client.
d. We represented the plaintiff, Destra Targeted Unit Income Investment Trust.
e. I served as lead counsel with respect to the Delaware litigation against
Parmar, took the expedited discovery and argued the preliminary injunction
motion that resulted in the preservation of funds.
f. Dates of involvement in Delaware Court Proceeding: December 2016 to
February 21, 2018
g. The case is ongoing.
h. Co-Counsel: Elizabeth Carter, Faegre Baker Daniels, LLP, Des Moines, IA;
Michael B. Fisco and Peter Kieselbach, DLA Piper, LLP, Minneapolis,
Minnesota; David J. Teklits, Thomas W. Briggs, Jr., and Zi-Xiang Shen of Morris
Nichols, Arsht & Tunnell, LLP, Wilmington, Delaware.
i. Opposing Counsel; Matthew Capozzoli, Robinson Brog Leinwand Greene,
New York, NY; David C. McBride and Tammy L. Mercer of Young Conaway
Stargatt & Talor, LLP Wilmington, Delaware.
Trial Judge: Vice Chancellor J. Travis Laster
a. REG Washington, LLC v. Iowa Renewable Energy, LLC, et al., Equity No. EQCE 128952,
filed, May 9, 2017, Scott County, Iowa District Court
b. We represented Iowa Renewable Energy ("IRE") and IRE's officers and directors in a
lawsuit brought by REG Washington, LLC ("REG"), a subsidiary of Renewable Energy
Group, Inc. In late 2016 and early 2017, REG made a series of tender offers to IRE
unitholders in which REG offered to purchase the IRE unitholders' interests in IRE. A
small percentage of IRE unitholders agreed to sell their units to REG. IRE's Operating
Agreement, however, prohibited a member from transferring its units to non-
members absent prior approval by IRE's Board of Directors. When approval was
sought, IRE's Board denied the transfer request, citing inter alia, potential adverse tax
consequences. REG's lawsuit alleged IRE and the IRE Board's disapproval of the
transfer to REG breached the Operating Agreement and violated Iowa law.
c. The legal issue decided in this case-whether an LLC's operating agreement may
validly restrict a member's ability to transfer his or her interests to a non-member to
only those transfers previously approved by the LLC's Board of Directors-was a novel
question of law for which the parties and the court found no existing case law directly
on point. It also readily demonstrated the benefits of the Iowa Supreme Court's Iowa
Business Specialty Court Pilot Project, which the parties utilized.
d. We represented the defendant, Iowa Renewable Energy, LLC.
e. I served as lead counsel for the defendant and argued the dispositive motion.
f. Dates of involvement in Court proceeding: May 9, 2017 through September 27, 2017
g. The Court granted our pre-answer motion to dismiss, holding that under Iowa law a
limited liability company may restrict a member's ability to transfer his or her
Supreme Court Justice I Court of Appeals Judge Application - Part 1: Personal Background Page 11 of 17
interests to a non-member.
h. Co-counsel: Chantel Kramme, Faegre Baker Daniels, LLP, Des Moines, IA
i. Opposing Counsel: John F. Lorentzen, Christian P. Walk, and Keith P. Duffy,
Nyemaster Goode, P.C., Des Moines, IA
j. Trial Judge: District Court Judge John Telleen
a. Union County, Iowa v. Piper Jaffray & Co., Civ. Action No. 4:06-cv-00374, filed July 3,
2006, United States District Court for the Southern District of Iowa.
b. We represented investment banking firm Piper Jaffray & Co. in an action brought by
Union County, Iowa in connection with General Obligation bonds the County issued to
further a TIF financing project for development of the Crestland Co-op in Creston, Iowa,
then in bankruptcy. The County alleged that Piper Jaffray, which acted as underwriter
for the bonds, owed the county a fiduciary duty and failed in that duty by failing to
explain fully to the County the risks of assuming obligations on the bonds.
c. This matter lasted several years, with strong feelings on both sides. Underwriters of
municipal bonds did not agree or understand that a fiduciary duty was owed as a
matter of law by underwriters to issuers in bond transactions. We contended that the
law did not equate such a duty unless the firm had acted as a financial advisor to the
issuer of the bonds. It was a significant issue important to the municipal bond financing
industry.
d. We represented the Defendant, Piper Jaffray & Co.
e. I served as lead counsel for the Defendants throughout the case and through a two-
week jury trial.
f. Dates of involvement in the proceeding: July 3, 2006 to August 3, 2011
g. The jury returned a defense verdict on all counts except a cause of action for fraudulent
nondisclosure and as to that claim the jury awarded the County $1 in damages. The
Court subsequently granted the Defendant Judgment as a Matter of Law on the
remaining claim as well.
h. Co-counsel: Jesse Linebaugh, Nicole N. Nayima, Faegre & Benson, LLP, Des Moines, IA,
and Jerome A. Miranowski, Faegre & Benson, LLP, Minneapolis, MN
i. Opposing Counsel: Timothy J. Hill, Kimberly H. Blankenship, Adam S. Tarr, and Natalie
K. Ditmars, Bradley & Riley PC, Cedar Rapids, IA
j. Trial Judge: United States District CourtJudge Robert W. Pratt
25. Have you served as a judicial officer in any state? (Yes/ No): I....._N
_o l ff "No" - skip to# 26.
a. If "Yes" - provide the following information: {Use "tab" in last row to add more rows.)
Dates (From -- To) Judicial title County or District Types of cases within your jurisdiction
Supreme Court Justice I Court of Appeals Judge Application - Part 1: Personal Background Page 12 of 17
b. If you have been a judicial officer in Iowa during the previous five years:
(1) How many times did you fail to file the monthly Rule 22.10 reports by the report deadline?
(2) During the past/ive years, how many cases did you list on your Rule 22.10 reports that were
more than the following number of days old from the time they were submitted for a ruling?
120 days old 180 days old 240 days old One year old
26. If you are currently an officer, director, partner, sole proprietor, or otherwise engaged in the
management of any business enterprise or nonprofit organization other than a law practice,
provide the following information about your position(s) and title(s): (Use "Tab" in last row to add more
rows.)
27. List all county, state, and national bar association and professional organization memberships and
the years you have been a member of each (e.g., 1998 to present), and identify any committees on
which you have served and offices you have held in those organization(s) - and the titles and dates
of any offices you have held. (Use "tab" in last row to add more rows.)
Professional associations to which you have Committees/ Offices Dates (From -- To)
belonged
Polk County Women Attorneys Member, and possibly Board 2018, and in late
Member in late '90s '90s possibly
'00s
8th Circuit Bar Association 2012 Judicial Conference 2017 - present
Planning Committee
Securities Industry and Financial Markets Law & Compliance Division Approx. 1995 -
Association 2017
Association of the Bar of the City of New Young Lawyers Committee 1987 -1990
York
Supreme Court Justice I Court of Appeals Judge Application - Part 1: Personal Background Page 13 of 17
Association of the Bar of the City of New YLD Subcommittee Chair for 1987 -1990
York Administration of National
Finals of 39th Annual National
Moot Court Competition and
Member of Executive Brief
Judging Committee for 38th,
39th and 40th Annual National
Moot Court Competitions
Association of the Bar of the City of New Committee on Professional Approx. 1990 -
York Discipline, Member 1992
28. List all local, county, state, and national government (including but not limited to judicial branch).
commissions, task forces, or advisory committees on which you have served - and any titles (e.g.,
chair) you have held on such commissions or committees. {Use "Tab" in last row to add more rows.)
Dates (From -- To) Government commissions, task forces, etc. on which you served
2012 Representative from the U.S. District for the Southern District of Iowa to the
Eighth Circuit Judicial Conference Planning Committee
29. Describe your pro bono work during the past 10 years:
a. Approximate number of pro bona cases you've 4
handled:
30. List any employment outside of the legal profession that you have had since graduating from law
school that may be relevant to this application; include: (a) the dates, (b) organization or business
for whom you worked, and (c) duties you performed. {Use "Tab" in last row to add more rows.)
Dates (From -- To) Business/ Organization Name, City, State Your Duties
Supreme Court Justice I Court of Appeals Judge Application - Part 1: Personal Background Page 14 of 17
31. Have you ever held public office or have you ever been a candidate for public office? If the answer
is "yes," describe the public office held or sought, the location of the public office, and the dates.
(Use "Tab" in last row to add more rows.) No
Dates (From -- To) Public office(s): Indicate "Held" or "Sought" and Location
32. Provide the following information on your military service (if any): {Use "Tab" in last row to add more
rows.)
Dates (From -- To) Military branch Current Rank Location and dates of Current Status
service in other countries (Active/Inactive)
33. List any civic, charitable, religious, educational, social or fraternal organization(s) to which you
belong or provide volunteer services.· Describe the nature of your involvement with the
organization(s), including any offices you have held with the organization(s). (Use "Tab" in last row to
add more rows.)
34. List all the social media applications (e.g., Facebook, Twitter, Snapchat, lnstagram, Linkedin) that
you have used in the past five years and your account name or other identifying information
(excluding passwords) for each account. {Use "Tab" in last row to add more rows.)
Linkedin tctcombs
Facebook tctcombs
lnstagram tctcombs
35. References: List the names, addresses, and telephone numbers of at least five persons who are in
a position to provide knowledgeable comments about your qualifications for this judicial position.
Supreme Court Justice/ Court of Appeals Judge Application - Part 1: Personal Background Page 15 of 17
James L. Chosy U.S. Bancorp 612-303- 7991
U.S. Bancorp Center
Executive Vice President
800 Nicollet Mall,
and General Counsel
Minneapolis, MN 55402-7020
36. Provide any additional information that may reflect positively on you or which you believe would
assist the State Judicial Nominating Commission in selecting nominees for this position.
37. When you submit this application form, attach at least two writing samples (e.g., brief, opinion,
or book) that reflect your personal work. Note: Do not submit a writing sample that includes
confidential information about you or any other person unless you remove/ redact the confidential
information to obscure the identity of the parties and any information that may allow disclosure
of the parties' identity.
Supreme Court Justice I Court of Appeals Judge Application - Part 1: Personal Background Page 16 of 17
38. Certification. I certify under penalty of perjury and pursuant to the laws of the State of Iowa that
the information I have provided above is true
Applicant's signature:
Attorney PIN:
Supreme Court Justice I Court of Appeals Judge Application - Part 1: Personal Background Page 17 of 17