Preview
by Michael
Whether Lisa Penafiel’s defense of abandonment/ failure of consideration
ment with a Contingent
Sydow nullifies or renders the Contract & Agreement of Employ
Fee between Michael D. Sydow and Lisa Penafiel unenforceable;
Whether Michael D, Sydow breached his fiduciary duty to Lisa Penafiel;
just cause; and
Whether Lisa Penafiel’s discharge of Michael Sydow was with ot without
on costs
Whether Michael D. Sydow is entitled to an award of attorney’s fees and arbitrati
incurred in connection with this arbitration.
Award on Summary Judgment prior to Final Heating
considered
‘The Arbitration Panel issued an interim Award on Januaty 20, 2021. The Panel
. Accordingly, the
Michael D, Sydow’s Motion For Summaty Judgment and Lisa Penafiel’s response
ion Awacd for all
following Arbitration Award is hereby incorporated into the Final Binding Arbitrat
purposes:
1 Michael Sydow’s Summaty Judgment on Lisa Penafiel’s defense of Res Judicata is
GRANTED.
Summary Judgment on Lisa Penafiel’s defense of Novation is
Michael D. Sydow’s
GRANTED.
D.
Michael D. Sydow’s Summaty Judgment on Lisa Penafiel’s defense of [legality is GRANTE
Michael D. Sydow’s Summary Judgment on Lisa Penafiel’s defense of Substantive
Unconscionability is GRANTED.
Admission of Exhibits
The following exhibits were admitted into evidence by the Arbitration Panel:
Michael D. Sydow’s Exhibits:
1 Fee Contract between Lisa Penafiel and San Antonio counsel in 2003;
tb Fee contact between Lisa Penafiel and Joha Nichols;
ic. Fee Contsact between Lisa Penafiel and Michael D. Sydow dated March 19, 2007;
2. Special Warranty Deed dated October 17, 1997, from Alejandro Penafiel to Lisa
Penafiel re: Wickwild house;
3 Agreement between Lisa Penaficl and Diego Romo dated August 2, 2010;
Wukoson
4, Email from Lisa Penafiel to Michael D. Sydow dated July 26, 2011, se: David
on Wickwild house
5. Email from L. Penafiel to Michael D. Sydow dated August 17, 2011, re: Wickwild
house
6 Email fom Lisa Penafiel to David Wukoson dated August 31, 2011, te: Delay
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Sydow v. Penafiel/Tinal Arbitration Award ~ 05-26-21\200,200047(140)
in the
Lisa Penafiel’s Motion For Interim Attorney’s Fees dated November 23, 2011,
295" Judicial District Court,
Receiver’s Unopposed Motion to Ratify Contacts, Deed of Trust, and Confirm Sale
of Wickwild residence dated October 24, 2011}
Emails between Michael 1D. Sydow and Lisa Penafiel dated December 12, 2011, re:
Sale of Wickwild house;
10. Order on Motion to Ratify Contract and Confirm Sale of Real Property dated Januaty
13, 2012, re: Wickowild house;
it Report of Sale and Request For Disbursement of Sales Proceeds dated January 26,
2012, filed by Warren Cole, Receiver;
12. Order on Recciver’s Report of Sale and Authosizing Partial Disbursement dated
January 31, 2012;
13. Report No, 65/12 — Petition — Alejandro Penafiel Salgado Ecuador dated Match 29,
2012;
22, 2012;
14. Receivet’s Unopposed Motion to Pay Delinquent Note Payments dated June
15. Order on Motion to Pay Delinquent Note Payments dated June 26, 2012;
s
16 Email from Lisa Penaficl to Michael D. Sydow dated July 16, 2012, re: Wukoson’
expenses;
17. Email from Lisa Penafiel to David Wukoson dated July 16, 2012 re: Expenses;
18. Email from Lisa Penafiel to Ron Kormanik dated August 31, 2012;
Ron
19. Email from Lisa Penafiel to Michael D. Sydow dated September 11, 2012, re:
Komanik expenses;
20. {Intentionally left blank;
fees
21 Email from Lisa Penafiel to Warren Cole dated September 4, 2014, se: Attorney's
disbursed with Disbursement Order attached;
22. Email from Lisa Penafiel Michael D. Sydow dated February 49, 2016, re: Funds
remaining in Receiver’s hands;
23 Mediated Settlement Agreement between Lisa Penafiel and Jose Penafiel dated August
3, 2017, Sydow’s Exhibit List 3;
24. Lisa Penafiel’s Designation of Experts in the 295" Judicial District Coust dated
October 1, 2018;
25. Lisa Penafiel’s Supplemental Designation of Experts in the 295" Judicial District Court
dated October 1, 2018;
26. Email from Lisa Penafiel to Michael D. Sydow dated December 7, 2018, se: Review of
Dectee
27 Pinal Decree of Divorce and Final Judgment between Lisa Penafiel and Jose Alejandro
Penafiel dated December 21, 2018;
28. Email fom Lisa Penafiel to Michael D. Sydow te: Meeting with collection attorneys
dated January 2, 2019;
29. Jose Penafiel’s Motion For New Trial dated January 17, 2019;
29a. Jose Penafiel’s Notice of Submission of Motion For New ‘I'tial in the 295" Judicial
District Court dated February 7, 2019;
30. Lisa Penafiel’s Response to the Motion For New Trial filed by Jose Alejandro Penafiel
dated February 13, 2019;
31, Incomplete Fee Agreement with Hogan Lovells dated March 9, 2019, with Lisa
Penafiel,
31a, Jose Penafiel’s Notice of Appeal dated March 20, 2019;
32. Email from Lisa Penafiel to Michael D. Sydow dated April 2, 2019, re: ‘Termination;
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Sydow y, PenaGel/Final Arbitration Avwaret ~ 05-26-21 \200,200047(140)
Lisa
33. Contingency Fee Agrcctnent with Bradt and Gregory dated January 25, 2020, with
Penafiel
34. Lisa Penafiel’s Arbitration Statement dated May 11, 2020;
21, 2020;
35. Lisa Penafiel’s Supplemental Arbitration Statement dated December
36 Lisa Penafiel’s Responses to Interrogatoties date Decembe r 3, 2020
Amended and Supplemental Responses to Interrogatories dated
37. Lisa Penafiel’s
January 22, 2021;
38. [Intentionally Left Blank];
39, [Intentionally Left Blank];
40 Intervention filed by Lisa Penafiel in Hast Asia case;
41 Emergency Motion to Retain East Asia Settlement Funds dated December 14, 2010;
42, O:der on Retained Funds from East Asia Settlement dated January 6, 2011;
43. Agreed Order extending "TRO re: Lake House dated October 3, 2011;
44 FAW’s Emergency Motion to Foreclosure on Wickwild tesidence dated October 4,
2011;
;
45, Binail from Amber Polach dated August 28, 2012, re: Ron Kormanik expenses
46. [Intentionally left blank;
Hiring
47. Email from Michael D. Sydow to Lisa Penafiel dated March 25, 2015 se:
Gustavson;
October 22,
48. Email from Michael D. Sydow to Lisa Penafiel and Warten Cole dated
2015, re: Gustavson’s progress;
49. Email from Michael D, Sydow to Lisa Pena. fiel dated May 12, 2016, re: Gustavson and
invoices;
March
50. Defendant’s Expedited Motion to Release Hast Asia Settlement Funds dated
10, 2017;
51 Order on Defendant’s Expedited Motion Release East Asia Settlement Funds;
Michael D.
52. Expenses of $24,081.98 incurred by Lisa Penafiel in divorce action due
Sydow ;
93. MDS Time Summary for trial in 295",
54, Unreimbursed Expenses of Michael D, Sydow at trial Ex, A-4 in 295" trial;
2, 2019,
55. Email chain between Jeff Rosenblum and Michael D. Sydow dated February
rc: Meeting;
Lo vel
56. Bmail chain between Michacl D. Sydow and Lisa Penafiel re: Hiring Hogan
dated March 22, 2019;
dated
57 Email chain from Michael D. Sydow and Rafael Ribeto re: Lisa Penafiel’s case
March 25, 2019;
and
58. Email chain between Michael D. Sydow and Lisa Penafiel re: Gustavson lawsuit
Judgment dated Feb. 21, 2019;
59. Demand Letter to Lisa Penafiel dated October 15, 2019;
28, 2008;
60. Fisst Amended Orders appointing Warren Cole as Receiver dated October
on;
641 Fimail from Warten Cole to E. Moritz dated April 27, 2015, re: Hiring Gustavs
Gustavson Contract between Warten Cole as Receiver on behalf of Lisa Penafiel and
62.
Gustavson re: Valuation of Community Assets dated Aptil 27, 2015;
re: Wire of
63. Email dated December 18, 2015, from Watten Cole to Michael D. Sydow
$114,762.13 to Gustavson;
64. Email from Rob Prentice to Michael D. Sydow and Warren Cole re: Invoice from
Gustavson dated July 21, 2016;
65. Gustavson Repott for 295th dated October 10, 2016;
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Sydow v. Penal Arbitration Awacd —08-26-21\200.200047(140)
rez Funds due FAW for attorney’s
66. Letter from Warren Cole dated February 17, 2017,
fees;
Expert Fees dated March 30,
67. Order Ratifying Retention and P: ayment of Forensic
2017;
68. [Intentionally Left Blank];
69. {Intentionally Left Blank];
70. [Intentionally Left Blank|;
Penafiel dated July 1, 20125
“A Wukoson’s Application fo 1 Expenses Advance on
2020;
72. Wukoson’s Declatation dated December 28,
in Cause No. 2003-03866;
73. 312! Judicial District Court Docket Sheet for Lisa Pena’ fiel
14, Declaration of Marcelo Heredia in Spanish;
dated July 20, 2020;
74 b. Declatation of Marcelo Heridia — English translation
of Lead Counsel;
75. Order Withdrawing David Sydow and Designation
716. Invoices of MDS fot 2011 and 2012;
77 [Intentionally Left Blank];
78. [Intentionally Left Blank];
79. {Intentionally Left Blank;
80. CV of Stephen Jackson;
81 CV of Alan Daughtty;
82. CV of Robin M. Zick;
Ziek;
83. Billing and updated statements from Robin M.
Jackson;
84, Billing and updated statements from Stephen D.
85. Billing statements of Alan Daugh try;
86. Updated statements from Alan Daughtry;
Aflidavit with billing recs. for Robin Zick;
Affidavit with billing zecs. for Alan Daughtry; and
Affidavit with billing recs for Steve Jackson.
Lisa Penafiel’s Exhibits:
ey in 2003-03866; and
1. Order Substituting Wukoson as Lisa Penafiel’s attorn
2. Petitiones’s 6 Amended Petition in Divorce action,
Witnesses
the Arbitration Panel, whete c ounsel for
The following witnesses testified under oath before
the parties conducted direct and cross-examination:
Michael D. Sydow
David Wukoson
Waxten Cole
Diego Romo
Rafeal Ribiero
Jeffey Rosenblum
Lisa Ann Penaficl (Minton)
eding, both patties, throug! hy counsel agreed
‘At the conclusion of the Final Arbitration proce
rn declaration.
to submit evidence of attorney's fees by affidavit/unswo
Page 5 of 7
.20004 7140)
Sydow v. Penafiel/Final ‘Acbiteation Award ~ 05-26-21\200
Findings
of the pleadings/position
Based on a preponderance of the evi dence and after consideration
in evidenc e for consideration by the
statements provided by the patties, the ex! hibits admitted
Atbitration Panel and the sworn testimony of the witnesses,
the Arbitration Panel makes the following
Findings:
Lisa Penafiel is a valid
1. The Contingent Fee Agreement between Michael D. Sydow and
contract under Texas law.
The Contingent Fee Agreement between Michael D. Sydow and Lisa Penafiel is
enforceable undet Texas law.
Lisa Penafiel is not
The Contingent Fee Agreement between Michacl D. Sydow and
ptocedurally unconscionable.
of
Michael D. Sydow did not abandon Lisa Penafiel’s case, nor was thete a failure
consideration.
Penafiel.
Michael D, Sydow did not breach any fiduciary duty to Lisa
Lisa Penafiel discharged Michael D. Sydow without just cause.
on behalf of Lisa Penafiel in the amount of
Michael D. Sydow incutred expenses
$134,830.40,
fees incusted in this
Michael D. Sydow is entitled to reasonable and necessaty attotney’s
matter,
failure to timely and
Michael D. Sydow was awarded sancti ‘ons in the amount of $2500 for
d in Axbitration
approptiately comply with discovery teq ests against Lisa Penafiel, reflecte
Awards dated December 23 and 24, 2020.
Award
statements ptovided by the
Based on a preponderance of the evidence, the pleadings/position
patties, the exhibits admitted in evidence for consideration by the
Arbitration Panel, the sworn
Arbitration Panel hereby issues the
testimony of witnesses ati d hearing the arguments of counsel, the
following Binding Arbitration Award:
ment as defined and
1. Michael D. Sydow is awarded the contingency interest and assign
Fee signed by
teflected in the Contract and Agreement of Employment with Contingent
Michael D. Sydow and Lisa Penafiel on Match 19, 2007;
from Lisa Penafiel
Michael D. Sydow is awarded attorney’s fees in the amount of $82,500
ent Fee;
pursuant to the Contract and Agreement of Employment with Conting
Page 6 of 7
Sydow v. Penalicl/Final Arbiteation Award — 05-26-25\200.200047(140)
0 agains ¢ Lisa Penafiel for costs
Michael D, Sydow is awarded the sum of $134,830.4
el;
incurred by Michael D. Sydow on behalf of Lisa Penafi
amount of $25 00 for failure to timely and
Michael D. Sydow is awarded sanctions in the
Lisa Penafiel;
apptopriately comply with discovery requests against
Lisa Penafi el for reasonable and
Michael D. Sydow is awarded the following sums against
necessary attorneys’ fees incutted in this Asbitration:
a. Robin Ziek — $107,725.00
b Steve Jackson — $30,706.50
c. Alan Daughtry - $111,375.00
late Coust conditioned upon
a The sum of $40,000.00, if appealed to a Texas Appel
Sydow prevailing.
st Lisa Penafiel.* (Justice Seymore
All Asbitration costs paid herein are awacded again:
dissents to the allocation of costs against Lisa Penafiel).
All relief not expressly granted herein is hereby DENIED.
Signed this 11th day of June, 2021.
MWA
Honorable A, Reagan Clark
LT of tod A £24 oO”
iy Le
(?
rf —
Honorable Chatles W. Seymore
Page 7 of 7
Sydow . Penafiel/Final Arbitration Avyaed— 05-26-21\208,200047(140)
OacuSiga Envelope ID: 1D897F62A-265F-4B4A-951B-61FDB95A33E1
Sydow Exhibit C
MICHAEL D. SYDOW
Vv:
LISA PENAFIEL
BINDING ARBITRATION AGREEMENT
‘This agreement is entered into by Michael Sydow, Lisa Penafiel, and the Arbitration Panel
d by a contact
listed below. The dispute subject to binding arbitration arises out of and is governe
2007, ‘The contract signed by the patties
agteement between the parties signed on March 19,
on of all disputes. ‘The parties have agreed
contains a dispute resolution provision requiting arbitrati
e A.
to submit these disputes to the Honorable Charles Seymore, Jefftey H. Uzick and the Honorabl
Reagan Clark.
4. Arbitrators
‘The patties have requested and agreed to the appointment of the Honorable Charles
Seymore, Jeffrey H. Uzick and the Honotable A. Reagan Clark as Binding Atbitrators (heteinafter
referred to as the Arbitration Panel).
2. Law
‘The parties agree to be bound by this agreement, the Texas Alternative Dispute Resolution
General
Procedures Act (Chapter 154 o! £ the Texas Civil Practice and Remedies Code), the Texas
the laws of
Atbitration Law (Chapter 171 of the Texas Civil Practice and Remedies Code), as well as
the State of Texas,
3. Buts
The patties agree to be bound by the Texas Rules of Civil Procedure and Texas Rules of
Evidence,
4. Issues
_ The following issues will be submitted to final and binding arbitration in lieu of a teial:
Michael D. Sydow’s claims for enforcement and breach of conttact and request for
Assignment of 33.33% of the gross recovety by Lisa Penafiel of any and all sums of money and
property (as de! fined in the Contract and Agteement of Employment with Contingent Fee) she is
awatded ot otherwise teceives from any source of proceeding, inclu ding but not limited to the
divotce proceeding, hourly fees as provided for in the Contract and Agreement of Employment with
Contingent Fee, reimbursed expenses, and attomeys’ fees and costs in enforcing the contract
ev
Sydow v, Penafiel/Acbiteation ‘Agreament\600.200087 “Page 1
aoe oe een
DocuSign Envelope ID: DB97F62A-265F-484A-9518-G1FDBOBAS3E1
in the
Lisa Penafiel’s defenses to the contract with Michael D. Sydow, including fraud
unconscionable and illegal
inducement, material misstatement of fact, breaches of fiduciary duty,
presumption of unfairness,
contract, res judicata, conflicts of interest, breach of contract, fraud,
failure of consideration, abandonment and novation.
5. Hearing
at a meeting to be
‘A final heating date and. all other prettial matters will be determined
scheduled by the Arbitration P; anelafter the patties have signed this Agreement. The hearings will
be held at the office of Jeffrey H. Uzick, located at 238 Westcott, Houston, Texas,
77007, ox any
other agteed upon location,
6 Procedure
after consultation
The format of the arbitration will be determined by the Atbiteation Panel
with the objective of expediting the heating, "The Arbitra tion Panel may take
with counsel of record,
is necessary to elicit the facts
any testimony from sworn witnesses that the Arbitration Panel believes
required to render a decision.
deadlines for
‘A Scheduling Ordet may be entered by the Arbitration Panel setting forth
Achiteation.
discovery, experts, reports, dispositive motions and Figal
7. Fees
cost deposit for the
Bach party will be responsible for and pay one-half of the retainer
decined one “patty” for the
‘Atbiteation Panel. All parties xepresented by a single aitormey ate
Panel the sum of $1,350.00
purpose of the arbitration fee. ‘The patties agree to pay the Arbitration
for thelr time on arbitration
per hour for all arbitrators ($450.00 per hour for each arbitrator)
on weekends or after honts, the
matters. If atbiteation hearings or confer ences are conducted
hour ($550 pet hour for each
‘Atbitration Panel’s rate pet hour shall be billed at $1,650 per
retainer cost deposits paid by
Athitrator), The Arbitration Panel reserves the right to reallocate such
the patties in the Final Arbitration Award.
of $15,000.00 per patty
Bach patty shall be sesp onsible for and pay a retainer cost deposit
Jeffrey Hi. Uzick, P.C., JOLTA
for the Arbitration Panel. ‘This cost deposit is due to be paid to the
unused fands will be
account within five (5) business days of the si igning of this Agreement. Any the balance in the
will be request ed when
refunded to the patties, Additional retainer cost deposits
Asbitration Panel’s trust, account contains less than $1,500.00.
Monthly statements will be sent to the p atties through counsel of
record reflecting the time
funds shall be disbursed
spent by the Ashitrators on the issues ptesented by the patties, ‘The
within 5 days after
monthly to the Asbittators from the Jeffrey H. Uzick, P.C, IOLYA account
being emailed to counsel of record.
Page 2
Sydow Penafiti/ Acbitration ‘Agreement \ 900210047
DocuSign Envelope ID: D897F62A-265F-4B4A-95 18-G1FDB95A33E1
8. Arbitration Award
On completion of the Final Arbitration hearing and receipt of any briefs, the Arbitration
Panel will issue an Arbitration Award in writing and deliver a copy of the award to each party or the
party's attorney by ¢-tail, The parties agree th: at the Arbitration Award will be Maal and binding
on all patties. ‘There ate limited rights to change, modify, ot cotrect an arbitration award, and those
rights ate governed by the sules and law applic: able to arbitration under the Texas Arbitrati
on Act.
9, Record
‘The parties have agreed to have a coutt seporter present as approved by the Arbiteation
Panel to recotd the proceeding during the atbittation hearing. The costs of such court reporter
shall be divided equally between the parties.
10. Understandings and Agreanrsnts
The patties agree to be Lownd by the decision and Award of the Arbitration Panel unless the
‘Award is set aside under Section 171.088 of the Texas Civil Practice and Remedies Code.
All pasties have requested that the Honorable Chatles Seymore, Jefftey H. Uzick and the
Honomble Reagan Clark act as Binding Atbiteators in this case.
The Atbitratots have provided the parties through counsel a Disclosure of Information
regarding the parties and counsel involved in this matter. The patties and/ot counsel have reviewed
ity to provide
the Disclosures ptior to signing this Arbitration Agreement and have had the opportun
does not
any questions of evident pattiality of bias to the chosen Atbitrators. The Arbitration Panel
believe there is any evident partiality or bias that would preclude the Arbitrators from heating this
priot to
dispute, but any such claims by a party must be brought to the attention of the Arbitrators
by their signature to
the signing of this arbitration agreement. Bach party and counsel acknowledge
bias
this agreement that they have no reason ot evidence to challenge the Arbitrators’ impattiality,
ot ability to act as an Arbitrator in deciding the disputed issues in this case.
‘The local Attorney Bar consists of attorneys who interact on a frequent basis. ‘The
ns and
Axbittation Panel’s practice involves both simple and complex high conflict mediatio
d by
atbitrations. ‘The patties understand that this disclosure is made so that a patty is not Pptejudice
any seasonable impression of bias ot pattiality. ‘The patties, and thelr tespectiv e attorneys,
to such
acknowledge that they have had ample opportunity to make an inquity of each Acbitrator as
relationships and, whether they petceive any such telationships to present a conflict of interest that
would be adverse to their client. In such a case, the Arbitrators will be glad to step down as an
arbitrator. Howevet, once the arbitration process commences, any such conflict that could have
been the basis for disqualification, will be considered waived.
Each patty hereby waives any legal rights they may have to bring any action against the
Arbitratots, and each patty hereby agtees to indemnify, hold harmtess and protect the Arbitrators
from any and all claims, liability, or causes of action that may be filed against the Arbitrators by that
patty arising out of ot related to any issue of ruling in this case, including defense costs, attorneys
Sydow v Ponafel/A dition Ageeoment\ 900.2047
ee en rence
S3E4
DoouSign Envelope ID: DB97F62A-285F-4B4A-851 Best FDBOSA
‘Neither party thal) he obligated 10 indemnify,
foes, and expenses incu reed by che Arbinraots, claim, lisbility, or que of setion made by,
dofiad, ox ald hormiess dhe orker parry from any
ing partys
broughtby, or against or incarred by she oppos
Me Avbitrnntinne Position Samant
n Position Stacemnenr consaining foo, dhe
Rach party wi (0 be allowed, te pessent an sAubitmitookther dlvaizen- to mbenit to the Acbinadon
of Inu that
isnues to be realved Land any memarunds
Paneh Welton statements wilt be excha nged with conppsevainng, co scl at the. time choy ate submitted.
td Mattipls Conntespartt
the aggtegate will conutieute the enitire
IF this ogecemenr Ip signed in multiple eounreeparts,
,
agreement, Blketronle signatures ant acceptable
$O SHIPULATED AND AGRERD:
-Dbousigned by:
Miho D. Sydow
MICHAEL Hs SYR Mosunt
Signed om:
TASA TENAP
Signed on: Bi, Raven) 02.0
APPROVED AS TO FORK:
uBignod by:
Rolies Fieke
Rel iE Secu For Movant
Sipned ons
eugene Page +
Slave Taf siete Meron TOIT
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Preview
by Michael Whether Lisa Penafiel’s defense of abandonment/ failure of consideration ment with a Contingent Sydow nullifies or renders the Contract & Agreement of Employ Fee between Michael D. Sydow and Lisa Penafiel unenforceable; Whether Michael D, Sydow breached his fiduciary duty to Lisa Penafiel; just cause; and Whether Lisa Penafiel’s discharge of Michael Sydow was with ot without on costs Whether Michael D. Sydow is entitled to an award of attorney’s fees and arbitrati incurred in connection with this arbitration. Award on Summary Judgment prior to Final Heating considered ‘The Arbitration Panel issued an interim Award on Januaty 20, 2021. The Panel . Accordingly, the Michael D, Sydow’s Motion For Summaty Judgment and Lisa Penafiel’s response ion Awacd for all following Arbitration Award is hereby incorporated into the Final Binding Arbitrat purposes: 1 Michael Sydow’s Summaty Judgment on Lisa Penafiel’s defense of Res Judicata is GRANTED. Summary Judgment on Lisa Penafiel’s defense of Novation is Michael D. Sydow’s GRANTED. D. Michael D. Sydow’s Summaty Judgment on Lisa Penafiel’s defense of [legality is GRANTE Michael D. Sydow’s Summary Judgment on Lisa Penafiel’s defense of Substantive Unconscionability is GRANTED. Admission of Exhibits The following exhibits were admitted into evidence by the Arbitration Panel: Michael D. Sydow’s Exhibits: 1 Fee Contract between Lisa Penafiel and San Antonio counsel in 2003; tb Fee contact between Lisa Penafiel and Joha Nichols; ic. Fee Contsact between Lisa Penafiel and Michael D. Sydow dated March 19, 2007; 2. Special Warranty Deed dated October 17, 1997, from Alejandro Penafiel to Lisa Penafiel re: Wickwild house; 3 Agreement between Lisa Penaficl and Diego Romo dated August 2, 2010; Wukoson 4, Email from Lisa Penafiel to Michael D. Sydow dated July 26, 2011, se: David on Wickwild house 5. Email from L. Penafiel to Michael D. Sydow dated August 17, 2011, re: Wickwild house 6 Email fom Lisa Penafiel to David Wukoson dated August 31, 2011, te: Delay Page 2 of 7 Sydow v. Penafiel/Tinal Arbitration Award ~ 05-26-21\200,200047(140) in the Lisa Penafiel’s Motion For Interim Attorney’s Fees dated November 23, 2011, 295" Judicial District Court, Receiver’s Unopposed Motion to Ratify Contacts, Deed of Trust, and Confirm Sale of Wickwild residence dated October 24, 2011} Emails between Michael 1D. Sydow and Lisa Penafiel dated December 12, 2011, re: Sale of Wickwild house; 10. Order on Motion to Ratify Contract and Confirm Sale of Real Property dated Januaty 13, 2012, re: Wickowild house; it Report of Sale and Request For Disbursement of Sales Proceeds dated January 26, 2012, filed by Warren Cole, Receiver; 12. Order on Recciver’s Report of Sale and Authosizing Partial Disbursement dated January 31, 2012; 13. Report No, 65/12 — Petition — Alejandro Penafiel Salgado Ecuador dated Match 29, 2012; 22, 2012; 14. Receivet’s Unopposed Motion to Pay Delinquent Note Payments dated June 15. Order on Motion to Pay Delinquent Note Payments dated June 26, 2012; s 16 Email from Lisa Penaficl to Michael D. Sydow dated July 16, 2012, re: Wukoson’ expenses; 17. Email from Lisa Penafiel to David Wukoson dated July 16, 2012 re: Expenses; 18. Email from Lisa Penafiel to Ron Kormanik dated August 31, 2012; Ron 19. Email from Lisa Penafiel to Michael D. Sydow dated September 11, 2012, re: Komanik expenses; 20. {Intentionally left blank; fees 21 Email from Lisa Penafiel to Warren Cole dated September 4, 2014, se: Attorney's disbursed with Disbursement Order attached; 22. Email from Lisa Penafiel Michael D. Sydow dated February 49, 2016, re: Funds remaining in Receiver’s hands; 23 Mediated Settlement Agreement between Lisa Penafiel and Jose Penafiel dated August 3, 2017, Sydow’s Exhibit List 3; 24. Lisa Penafiel’s Designation of Experts in the 295" Judicial District Coust dated October 1, 2018; 25. Lisa Penafiel’s Supplemental Designation of Experts in the 295" Judicial District Court dated October 1, 2018; 26. Email from Lisa Penafiel to Michael D. Sydow dated December 7, 2018, se: Review of Dectee 27 Pinal Decree of Divorce and Final Judgment between Lisa Penafiel and Jose Alejandro Penafiel dated December 21, 2018; 28. Email fom Lisa Penafiel to Michael D. Sydow te: Meeting with collection attorneys dated January 2, 2019; 29. Jose Penafiel’s Motion For New Trial dated January 17, 2019; 29a. Jose Penafiel’s Notice of Submission of Motion For New ‘I'tial in the 295" Judicial District Court dated February 7, 2019; 30. Lisa Penafiel’s Response to the Motion For New Trial filed by Jose Alejandro Penafiel dated February 13, 2019; 31, Incomplete Fee Agreement with Hogan Lovells dated March 9, 2019, with Lisa Penafiel, 31a, Jose Penafiel’s Notice of Appeal dated March 20, 2019; 32. Email from Lisa Penafiel to Michael D. Sydow dated April 2, 2019, re: ‘Termination; Page 3 of 7 Sydow y, PenaGel/Final Arbitration Avwaret ~ 05-26-21 \200,200047(140) Lisa 33. Contingency Fee Agrcctnent with Bradt and Gregory dated January 25, 2020, with Penafiel 34. Lisa Penafiel’s Arbitration Statement dated May 11, 2020; 21, 2020; 35. Lisa Penafiel’s Supplemental Arbitration Statement dated December 36 Lisa Penafiel’s Responses to Interrogatoties date Decembe r 3, 2020 Amended and Supplemental Responses to Interrogatories dated 37. Lisa Penafiel’s January 22, 2021; 38. [Intentionally Left Blank]; 39, [Intentionally Left Blank]; 40 Intervention filed by Lisa Penafiel in Hast Asia case; 41 Emergency Motion to Retain East Asia Settlement Funds dated December 14, 2010; 42, O:der on Retained Funds from East Asia Settlement dated January 6, 2011; 43. Agreed Order extending "TRO re: Lake House dated October 3, 2011; 44 FAW’s Emergency Motion to Foreclosure on Wickwild tesidence dated October 4, 2011; ; 45, Binail from Amber Polach dated August 28, 2012, re: Ron Kormanik expenses 46. [Intentionally left blank; Hiring 47. Email from Michael D. Sydow to Lisa Penafiel dated March 25, 2015 se: Gustavson; October 22, 48. Email from Michael D. Sydow to Lisa Penafiel and Warten Cole dated 2015, re: Gustavson’s progress; 49. Email from Michael D, Sydow to Lisa Pena. fiel dated May 12, 2016, re: Gustavson and invoices; March 50. Defendant’s Expedited Motion to Release Hast Asia Settlement Funds dated 10, 2017; 51 Order on Defendant’s Expedited Motion Release East Asia Settlement Funds; Michael D. 52. Expenses of $24,081.98 incurred by Lisa Penafiel in divorce action due Sydow ; 93. MDS Time Summary for trial in 295", 54, Unreimbursed Expenses of Michael D, Sydow at trial Ex, A-4 in 295" trial; 2, 2019, 55. Email chain between Jeff Rosenblum and Michael D. Sydow dated February rc: Meeting; Lo vel 56. Bmail chain between Michacl D. Sydow and Lisa Penafiel re: Hiring Hogan dated March 22, 2019; dated 57 Email chain from Michael D. Sydow and Rafael Ribeto re: Lisa Penafiel’s case March 25, 2019; and 58. Email chain between Michael D. Sydow and Lisa Penafiel re: Gustavson lawsuit Judgment dated Feb. 21, 2019; 59. Demand Letter to Lisa Penafiel dated October 15, 2019; 28, 2008; 60. Fisst Amended Orders appointing Warren Cole as Receiver dated October on; 641 Fimail from Warten Cole to E. Moritz dated April 27, 2015, re: Hiring Gustavs Gustavson Contract between Warten Cole as Receiver on behalf of Lisa Penafiel and 62. Gustavson re: Valuation of Community Assets dated Aptil 27, 2015; re: Wire of 63. Email dated December 18, 2015, from Watten Cole to Michael D. Sydow $114,762.13 to Gustavson; 64. Email from Rob Prentice to Michael D. Sydow and Warren Cole re: Invoice from Gustavson dated July 21, 2016; 65. Gustavson Repott for 295th dated October 10, 2016; Page 4 of 7 Sydow v. Penal Arbitration Awacd —08-26-21\200.200047(140) rez Funds due FAW for attorney’s 66. Letter from Warren Cole dated February 17, 2017, fees; Expert Fees dated March 30, 67. Order Ratifying Retention and P: ayment of Forensic 2017; 68. [Intentionally Left Blank]; 69. {Intentionally Left Blank]; 70. [Intentionally Left Blank|; Penafiel dated July 1, 20125 “A Wukoson’s Application fo 1 Expenses Advance on 2020; 72. Wukoson’s Declatation dated December 28, in Cause No. 2003-03866; 73. 312! Judicial District Court Docket Sheet for Lisa Pena’ fiel 14, Declaration of Marcelo Heredia in Spanish; dated July 20, 2020; 74 b. Declatation of Marcelo Heridia — English translation of Lead Counsel; 75. Order Withdrawing David Sydow and Designation 716. Invoices of MDS fot 2011 and 2012; 77 [Intentionally Left Blank]; 78. [Intentionally Left Blank]; 79. {Intentionally Left Blank; 80. CV of Stephen Jackson; 81 CV of Alan Daughtty; 82. CV of Robin M. Zick; Ziek; 83. Billing and updated statements from Robin M. Jackson; 84, Billing and updated statements from Stephen D. 85. Billing statements of Alan Daugh try; 86. Updated statements from Alan Daughtry; Aflidavit with billing recs. for Robin Zick; Affidavit with billing zecs. for Alan Daughtry; and Affidavit with billing recs for Steve Jackson. Lisa Penafiel’s Exhibits: ey in 2003-03866; and 1. Order Substituting Wukoson as Lisa Penafiel’s attorn 2. Petitiones’s 6 Amended Petition in Divorce action, Witnesses the Arbitration Panel, whete c ounsel for The following witnesses testified under oath before the parties conducted direct and cross-examination: Michael D. Sydow David Wukoson Waxten Cole Diego Romo Rafeal Ribiero Jeffey Rosenblum Lisa Ann Penaficl (Minton) eding, both patties, throug! hy counsel agreed ‘At the conclusion of the Final Arbitration proce rn declaration. to submit evidence of attorney's fees by affidavit/unswo Page 5 of 7 .20004 7140) Sydow v. Penafiel/Final ‘Acbiteation Award ~ 05-26-21\200 Findings of the pleadings/position Based on a preponderance of the evi dence and after consideration in evidenc e for consideration by the statements provided by the patties, the ex! hibits admitted Atbitration Panel and the sworn testimony of the witnesses, the Arbitration Panel makes the following Findings: Lisa Penafiel is a valid 1. The Contingent Fee Agreement between Michael D. Sydow and contract under Texas law. The Contingent Fee Agreement between Michael D. Sydow and Lisa Penafiel is enforceable undet Texas law. Lisa Penafiel is not The Contingent Fee Agreement between Michacl D. Sydow and ptocedurally unconscionable. of Michael D. Sydow did not abandon Lisa Penafiel’s case, nor was thete a failure consideration. Penafiel. Michael D, Sydow did not breach any fiduciary duty to Lisa Lisa Penafiel discharged Michael D. Sydow without just cause. on behalf of Lisa Penafiel in the amount of Michael D. Sydow incutred expenses $134,830.40, fees incusted in this Michael D. Sydow is entitled to reasonable and necessaty attotney’s matter, failure to timely and Michael D. Sydow was awarded sancti ‘ons in the amount of $2500 for d in Axbitration approptiately comply with discovery teq ests against Lisa Penafiel, reflecte Awards dated December 23 and 24, 2020. Award statements ptovided by the Based on a preponderance of the evidence, the pleadings/position patties, the exhibits admitted in evidence for consideration by the Arbitration Panel, the sworn Arbitration Panel hereby issues the testimony of witnesses ati d hearing the arguments of counsel, the following Binding Arbitration Award: ment as defined and 1. Michael D. Sydow is awarded the contingency interest and assign Fee signed by teflected in the Contract and Agreement of Employment with Contingent Michael D. Sydow and Lisa Penafiel on Match 19, 2007; from Lisa Penafiel Michael D. Sydow is awarded attorney’s fees in the amount of $82,500 ent Fee; pursuant to the Contract and Agreement of Employment with Conting Page 6 of 7 Sydow v. Penalicl/Final Arbiteation Award — 05-26-25\200.200047(140) 0 agains ¢ Lisa Penafiel for costs Michael D, Sydow is awarded the sum of $134,830.4 el; incurred by Michael D. Sydow on behalf of Lisa Penafi amount of $25 00 for failure to timely and Michael D. Sydow is awarded sanctions in the Lisa Penafiel; apptopriately comply with discovery requests against Lisa Penafi el for reasonable and Michael D. Sydow is awarded the following sums against necessary attorneys’ fees incutted in this Asbitration: a. Robin Ziek — $107,725.00 b Steve Jackson — $30,706.50 c. Alan Daughtry - $111,375.00 late Coust conditioned upon a The sum of $40,000.00, if appealed to a Texas Appel Sydow prevailing. st Lisa Penafiel.* (Justice Seymore All Asbitration costs paid herein are awacded again: dissents to the allocation of costs against Lisa Penafiel). All relief not expressly granted herein is hereby DENIED. Signed this 11th day of June, 2021. MWA Honorable A, Reagan Clark LT of tod A £24 oO” iy Le (? rf — Honorable Chatles W. Seymore Page 7 of 7 Sydow . Penafiel/Final Arbitration Avyaed— 05-26-21\208,200047(140) OacuSiga Envelope ID: 1D897F62A-265F-4B4A-951B-61FDB95A33E1 Sydow Exhibit C MICHAEL D. SYDOW Vv: LISA PENAFIEL BINDING ARBITRATION AGREEMENT ‘This agreement is entered into by Michael Sydow, Lisa Penafiel, and the Arbitration Panel d by a contact listed below. The dispute subject to binding arbitration arises out of and is governe 2007, ‘The contract signed by the patties agteement between the parties signed on March 19, on of all disputes. ‘The parties have agreed contains a dispute resolution provision requiting arbitrati e A. to submit these disputes to the Honorable Charles Seymore, Jefftey H. Uzick and the Honorabl Reagan Clark. 4. Arbitrators ‘The patties have requested and agreed to the appointment of the Honorable Charles Seymore, Jeffrey H. Uzick and the Honotable A. Reagan Clark as Binding Atbitrators (heteinafter referred to as the Arbitration Panel). 2. Law ‘The parties agree to be bound by this agreement, the Texas Alternative Dispute Resolution General Procedures Act (Chapter 154 o! £ the Texas Civil Practice and Remedies Code), the Texas the laws of Atbitration Law (Chapter 171 of the Texas Civil Practice and Remedies Code), as well as the State of Texas, 3. Buts The patties agree to be bound by the Texas Rules of Civil Procedure and Texas Rules of Evidence, 4. Issues _ The following issues will be submitted to final and binding arbitration in lieu of a teial: Michael D. Sydow’s claims for enforcement and breach of conttact and request for Assignment of 33.33% of the gross recovety by Lisa Penafiel of any and all sums of money and property (as de! fined in the Contract and Agteement of Employment with Contingent Fee) she is awatded ot otherwise teceives from any source of proceeding, inclu ding but not limited to the divotce proceeding, hourly fees as provided for in the Contract and Agreement of Employment with Contingent Fee, reimbursed expenses, and attomeys’ fees and costs in enforcing the contract ev Sydow v, Penafiel/Acbiteation ‘Agreament\600.200087 “Page 1 aoe oe een DocuSign Envelope ID: DB97F62A-265F-484A-9518-G1FDBOBAS3E1 in the Lisa Penafiel’s defenses to the contract with Michael D. Sydow, including fraud unconscionable and illegal inducement, material misstatement of fact, breaches of fiduciary duty, presumption of unfairness, contract, res judicata, conflicts of interest, breach of contract, fraud, failure of consideration, abandonment and novation. 5. Hearing at a meeting to be ‘A final heating date and. all other prettial matters will be determined scheduled by the Arbitration P; anelafter the patties have signed this Agreement. The hearings will be held at the office of Jeffrey H. Uzick, located at 238 Westcott, Houston, Texas, 77007, ox any other agteed upon location, 6 Procedure after consultation The format of the arbitration will be determined by the Atbiteation Panel with the objective of expediting the heating, "The Arbitra tion Panel may take with counsel of record, is necessary to elicit the facts any testimony from sworn witnesses that the Arbitration Panel believes required to render a decision. deadlines for ‘A Scheduling Ordet may be entered by the Arbitration Panel setting forth Achiteation. discovery, experts, reports, dispositive motions and Figal 7. Fees cost deposit for the Bach party will be responsible for and pay one-half of the retainer decined one “patty” for the ‘Atbiteation Panel. All parties xepresented by a single aitormey ate Panel the sum of $1,350.00 purpose of the arbitration fee. ‘The patties agree to pay the Arbitration for thelr time on arbitration per hour for all arbitrators ($450.00 per hour for each arbitrator) on weekends or after honts, the matters. If atbiteation hearings or confer ences are conducted hour ($550 pet hour for each ‘Atbitration Panel’s rate pet hour shall be billed at $1,650 per retainer cost deposits paid by Athitrator), The Arbitration Panel reserves the right to reallocate such the patties in the Final Arbitration Award. of $15,000.00 per patty Bach patty shall be sesp onsible for and pay a retainer cost deposit Jeffrey Hi. Uzick, P.C., JOLTA for the Arbitration Panel. ‘This cost deposit is due to be paid to the unused fands will be account within five (5) business days of the si igning of this Agreement. Any the balance in the will be request ed when refunded to the patties, Additional retainer cost deposits Asbitration Panel’s trust, account contains less than $1,500.00. Monthly statements will be sent to the p atties through counsel of record reflecting the time funds shall be disbursed spent by the Ashitrators on the issues ptesented by the patties, ‘The within 5 days after monthly to the Asbittators from the Jeffrey H. Uzick, P.C, IOLYA account being emailed to counsel of record. Page 2 Sydow Penafiti/ Acbitration ‘Agreement \ 900210047 DocuSign Envelope ID: D897F62A-265F-4B4A-95 18-G1FDB95A33E1 8. Arbitration Award On completion of the Final Arbitration hearing and receipt of any briefs, the Arbitration Panel will issue an Arbitration Award in writing and deliver a copy of the award to each party or the party's attorney by ¢-tail, The parties agree th: at the Arbitration Award will be Maal and binding on all patties. ‘There ate limited rights to change, modify, ot cotrect an arbitration award, and those rights ate governed by the sules and law applic: able to arbitration under the Texas Arbitrati on Act. 9, Record ‘The parties have agreed to have a coutt seporter present as approved by the Arbiteation Panel to recotd the proceeding during the atbittation hearing. The costs of such court reporter shall be divided equally between the parties. 10. Understandings and Agreanrsnts The patties agree to be Lownd by the decision and Award of the Arbitration Panel unless the ‘Award is set aside under Section 171.088 of the Texas Civil Practice and Remedies Code. All pasties have requested that the Honorable Chatles Seymore, Jefftey H. Uzick and the Honomble Reagan Clark act as Binding Atbiteators in this case. The Atbitratots have provided the parties through counsel a Disclosure of Information regarding the parties and counsel involved in this matter. The patties and/ot counsel have reviewed ity to provide the Disclosures ptior to signing this Arbitration Agreement and have had the opportun does not any questions of evident pattiality of bias to the chosen Atbitrators. The Arbitration Panel believe there is any evident partiality or bias that would preclude the Arbitrators from heating this priot to dispute, but any such claims by a party must be brought to the attention of the Arbitrators by their signature to the signing of this arbitration agreement. Bach party and counsel acknowledge bias this agreement that they have no reason ot evidence to challenge the Arbitrators’ impattiality, ot ability to act as an Arbitrator in deciding the disputed issues in this case. ‘The local Attorney Bar consists of attorneys who interact on a frequent basis. ‘The ns and Axbittation Panel’s practice involves both simple and complex high conflict mediatio d by atbitrations. ‘The patties understand that this disclosure is made so that a patty is not Pptejudice any seasonable impression of bias ot pattiality. ‘The patties, and thelr tespectiv e attorneys, to such acknowledge that they have had ample opportunity to make an inquity of each Acbitrator as relationships and, whether they petceive any such telationships to present a conflict of interest that would be adverse to their client. In such a case, the Arbitrators will be glad to step down as an arbitrator. Howevet, once the arbitration process commences, any such conflict that could have been the basis for disqualification, will be considered waived. Each patty hereby waives any legal rights they may have to bring any action against the Arbitratots, and each patty hereby agtees to indemnify, hold harmtess and protect the Arbitrators from any and all claims, liability, or causes of action that may be filed against the Arbitrators by that patty arising out of ot related to any issue of ruling in this case, including defense costs, attorneys Sydow v Ponafel/A dition Ageeoment\ 900.2047 ee en rence S3E4 DoouSign Envelope ID: DB97F62A-285F-4B4A-851 Best FDBOSA ‘Neither party thal) he obligated 10 indemnify, foes, and expenses incu reed by che Arbinraots, claim, lisbility, or que of setion made by, dofiad, ox ald hormiess dhe orker parry from any ing partys broughtby, or against or incarred by she oppos Me Avbitrnntinne Position Samant n Position Stacemnenr consaining foo, dhe Rach party wi (0 be allowed, te pessent an sAubitmitookther dlvaizen- to mbenit to the Acbinadon of Inu that isnues to be realved Land any memarunds Paneh Welton statements wilt be excha nged with conppsevainng, co scl at the. time choy ate submitted. td Mattipls Conntespartt the aggtegate will conutieute the enitire IF this ogecemenr Ip signed in multiple eounreeparts, , agreement, Blketronle signatures ant acceptable $O SHIPULATED AND AGRERD: -Dbousigned by: Miho D. Sydow MICHAEL Hs SYR Mosunt Signed om: TASA TENAP Signed on: Bi, Raven) 02.0 APPROVED AS TO FORK: uBignod by: Rolies Fieke Rel iE Secu For Movant Sipned ons eugene Page + Slave Taf siete Meron TOIT 951B8-61FDE95A93E1 DoouSign Envelope (ID: 1D897F62A-265F-4B4A- oa if neetts pase aie a go grt sti heiy us Sa aye" NM oh ea os Pe aeRett eh ead aySilatsey of te thes Aty we o We he a nee ne “N wata) eee wa sau i xt Hine ni ay ra cy ye avi a8, ae J Pte 4 oe e a? a eH oO ne me tae * ys c ata i om "hy i ee ett eth ers iatne a a, ie my ue e Het anh eT oie seen Peete, vie Sis Atoy i fra ia apt inti i" 2 i hae obsie cf sh ee se Se oe ee i sth yo ee ere pe cm ee =e Genny pen rat ot ai ib ie to He ft ihe an pa ry oe ray arta nes fake Hi