Publications

Publications
See Texas Supreme Court- 2018 Year in Review (Part 5...

Texas Supreme Court- 2018 Year in Review (Part 5 of 5): Starside

Adams v. Starside Custom Builders, LLC, 547 S.W.3d 890 (2018) was the first Texas Ant-Slapp opinion of 2018, and the last in our review. ...
See How Long Does it Take to Wind Through the...

How Long Does it Take to Wind Through the Texas Anti-Slapp Appeal Process? The Starside Case Odyssey.

Adams v. Starside Custom Builders, LLC (547 S.W.3d 890) will be the Fifth (and last) TSC opinion of 2018 that I’ll cover (in a...
See Texas Supreme Court- 2018 Year in Review (Part 4...

Texas Supreme Court- 2018 Year in Review (Part 4 of 5): Youngkin – Affirmative Defenses can be Deadly

Youngkin v. Hines, 546 S.W.3d 675 (2018) is a case study on the impact of how an affirmative defense can kill a claim before...
See Texas Supreme Court- 2018 Year in Review (Part 3...

Texas Supreme Court- 2018 Year in Review (Part 3 of 5): Castleman, the Commercial Speech Exemption, and Abatecola.

Castleman v. Internet Money Limited, 546 S.W.3d 684 (Tex. 2018) is arguably the most important decision by the TSC on the Texas Anti-Slapp in...
See Neiman Marcus walks into the Texas Anti-Slapp

Neiman Marcus walks into the Texas Anti-Slapp

Marble Ridge has accused Neiman Marcus of a $1 billion fraudulent transfer. NM recently responded with a defamation counterclaim, walking squarely into the teeth...
See Texas Supreme Court- 2018 Year in Review (Part 2...

Texas Supreme Court- 2018 Year in Review (Part 2 of 5): State ex. rel. Best

In State ex rel. Best v. Harper, 16-0647, 2018 WL 3207125 (Tex. June 29, 2018), reh'g denied (Dec. 21, 2018), opinion corrected and superseded...
See Is a Pre-suit demand a set up for an...

Is a Pre-suit demand a set up for an Anti-Slapp Motion under the Right to Petition?

So you are in a dispute with another party and they send you a pre-suit demand? You end up suing and the defendant files...
See What Happens after the Texas Anti-Slapp Motion is Granted...

What Happens after the Texas Anti-Slapp Motion is Granted or Denied? It’s Way More Complicated than You Think.

A trial court’s decision to grant or deny the Texas Anti-Slapp Motion creates a cascade effect of different scenarios that can impact the lawsuit...
See How Far Across the Judicial Road Does the Texas...

How Far Across the Judicial Road Does the Texas Anti-Slapp Statute Stretch?

Derek Gaskamp et al v. WSP USA, Inc. (NO. 01-18-00079-CV), highlights both the breadth and complexity of the Texas Anti-Slapp.  Three plaintiffs brought claims...
See Timing is Everything in the Texas Anti-Slapp

Timing is Everything in the Texas Anti-Slapp

The Texas Anti-Slapp has specific timing components that a practitioner should strictly follow.  First, you have 60 days to file a motion to dismiss...
See Texas Supreme Court 2018 Year in Review (Part 1...

Texas Supreme Court 2018 Year in Review (Part 1 of 5) S&S Emergency Training

In 2018, the TSC issued five opinions on the Texas Anti-Slapp and I’ll address them in reverse order of issuance over the next week....
See Happy Texas-Anti-Slapp Holidays – Thirteen Opinions Issued in December...

Happy Texas-Anti-Slapp Holidays – Thirteen Opinions Issued in December 2018!

Happy Holidays from the Texas Courts of Appeals, as thirteen decisions were issued touching on Anti-Slapp issues, including one from the Texas Supreme Court,...
See The Texas Anti-Slapp and Federal Courts

The Texas Anti-Slapp and Federal Courts

Given my prior post about the Stormy Daniels decision, it might come as a surprise that the applicability of the Texas Anti-Slapp statute in...
See How a Presidential Antagonist and Presidential Donor Both Got...

How a Presidential Antagonist and Presidential Donor Both Got Anti-Slapped in 2018!

Recently, the Texas Anti-Slapp exploded onto the national scene when the Stormy Daniels defamation lawsuit against President Donald J. Trump was dismissed pursuant to...
See Top Five 2017 Employment Law Developments You Need to...

Top Five 2017 Employment Law Developments You Need to Know for 2018

1. Another Employer Targeted for Background Check Violations Pays the Price. Add Target to the list of employers who have had to pay big settlement...
See After the Storm: What You Need to Know Now...

After the Storm: What You Need to Know Now to Preserve and Maximize Your Insurance Claim

As insured businesses and individuals grapple with the massive property damage and income losses resulting from Hurricane Harvey, keep these basic points in mind...
See Insurance Claims for Hurricane Harvey-Last Chance to Limit Application...

Insurance Claims for Hurricane Harvey-Last Chance to Limit Application of HB 1774

Insureds that have suffered property damage or business interruption losses because of Hurricane Harvey should strongly consider making their insurance claims today to limit...
See Hurricane Harvey, Insurance Claims and HB 1774—Waiting May Cost...

Hurricane Harvey, Insurance Claims and HB 1774—Waiting May Cost You

Hurricane Harvey is causing unprecedented destruction in Texas. To best protect themselves, insureds should be aware of a new Texas law that limits recovery...
See Do You Need E&O Coverage?

Do You Need E&O Coverage?

By Erika L. Bright, Partner/Head of Insurance Coverage Practice erika.bright@wickphillips.com 214.740.4050 It is widely known that certain professionals - doctors, lawyers, accountants, architects, engineers, etc. – need...
See Making the Most of Additional Insured Coverage

Making the Most of Additional Insured Coverage

By Erika L. Bright, Partner/Head of Insurance Coverage Practice erika.bright@wickphillips.com 214.740.4050 “Additional insured” status means that your company is insured under the policy of another entity, the...
See 2017: Review Your Insurance Coverage and Make It Work...

2017: Review Your Insurance Coverage and Make It Work for You

By Erika L. Bright, Partner/Head of Insurance Coverage Practice erika.bright@wickphillips.com 214.740.4050 As 2017 begins, decision makers should take two key steps to protect your company through insurance:...
See The U.S. Supreme Court Has Spoken on 401(k) Liability...

The U.S. Supreme Court Has Spoken on 401(k) Liability – Are You Covered?

Now more than ever, fiduciary-related exposures and fiduciary liability coverage should be top of mind for companies administering 401(k) plans. This month, the U.S....
See Executive People on the Move — Andrew M. Gould...

Executive People on the Move — Andrew M. Gould — Dallas Business Journal

Partner - Labor and Employment at Wick Phillips Andrew M. Gould, partner with Wick Phillips, a full-service business law firm with offices in Dallas, Fort...

Executive People on the Move — Bryan J. Wick — Dallas Business Journal

Bryan J. Wick, founding partner of Wick Phillips, a full-service business law firm with offices in Dallas, Fort Worth and Austin, Texas, has been...
See Wick Phillips Lands Ex-McKool Smith Litigation, IP Whiz —...

Wick Phillips Lands Ex-McKool Smith Litigation, IP Whiz — LAW 360

Law360, New York (March 6, 2013, 1:22 PM ET) -- Texas law firm Wick Phillips has landed a commercial litigation and intellectual property wizard...
See FOX 19 – Wick Phillips Defeats Chesapeake Energy in...

FOX 19 – Wick Phillips Defeats Chesapeake Energy in Case on Behalf of Royalty Owners

Wick Phillips, a full-service business law firm with offices in Dallas, Fort Worth and Austin, Texas, took on Chesapeake Energy, the nation's second largest...
See No good reason for Employer to Ask for Candidate’s...

No good reason for Employer to Ask for Candidate’s Password— HR Compliance Ideas & Trends

In 2009, two employers ventured into what was otherwise unchartered territory by requesting Facebook passwords from job seekers. It is only recently, however, that...
See How to Locate Lucrative International Work— Commercial Law World

How to Locate Lucrative International Work— Commercial Law World

We spoke with four attorneys who handle bankruptcy and collections work about how to find clients in other countries; how they track down local...
See The Law of the Lawyer— J.Sean Lemoine

The Law of the Lawyer— J.Sean Lemoine

The non-compete litigation between industry giants Oracle and Hewlett Packard, which concluded in late 2010, brought to light the many possible implications of hiring...
See Preserve Fee Recovery, Structure Non—Compete Agreements with Care— J.Sean...

Preserve Fee Recovery, Structure Non—Compete Agreements with Care— J.Sean Lemoine

The non-compete litigation between industry giants Oracle and Hewlett-Packard, which concluded in late 2010, brought to light the many possible implications of hiring a...
See Employment Alerts— Gould —No Documentation = No Options? Not...

Employment Alerts— Gould —No Documentation = No Options? Not True

A manager wants to fire an employee because she is surly and uncooperative with her coworkers. The problem? No written documentation of the issue....
See DBA Headnotes— Gould —February 2012

DBA Headnotes— Gould —February 2012

In June 2011, the Texas Supreme Court published its latest decision about post-employment non-competition agreements. The decision, Marsh USA Inc. v. Cook, No. 09-0558,...
See Talent Management Magazine— Gould —January 2012

Talent Management Magazine— Gould —January 2012

Americans are either way overworked and overstressed, or bored and not working at all, according to the Daniel Bowling, senior lecturing fellow at the...
See Update on the Deepwater Horizon Multidistrict Litigation—November 2011

Update on the Deepwater Horizon Multidistrict Litigation—November 2011

It was 19 months ago that the blowout of the British Petroleum Macondo well below Transocean’s Deepwater Horizon drilling platform triggered what has been...
See VerdictSearch Allianz v. Northland—November 2011

VerdictSearch Allianz v. Northland—November 2011

In December 2004, plaintiff Allianz Life Insurance Co. issued promissory notes to Northland Investment Co. to finance the purchase of four apartment complexes in...
See Risk Management Magazine—Gould— October 2011

Risk Management Magazine—Gould— October 2011

In retrospect, Tony Hayward's time at the top was short. The former BP CEO, whose now infamous comments regarding the BP oil spill in...
See Paid Leave:Sound Business Practice and a Legal Right? —Gould—...

Paid Leave:Sound Business Practice and a Legal Right? —Gould— September 2011

Generally speaking, a U.S. employer, no matter its size, is not legally required to pay its employees for time off from work (many may...
See The Majority Rules: Vulnerability of Minority Owners in Limited...

The Majority Rules: Vulnerability of Minority Owners in Limited Partnerships — September 2011

Minority shareholder oppression has long been recognized as a cause of action in Texas, routinely applied to close corporations and limited liability companies (“LLCs”)....

Dallas Business Journal Recognizes Bryan Wick as one of its Top 40 Business Leaders under 40

On April 26th, Core24 hosted an executive breakfast featuring four top business leaders who have used corporate culture to drive growth, improve customer service,...

Bryan J. Wick: 40 Under Forty Awards Honoree

Being a litigator was Bryan Wick’s goal since high school. He can’t really remember why, but it was a foregone conclusion. After earning a law...
See EMPLOYEE HANDBOOKS: A Must for All Employers —Gould

EMPLOYEE HANDBOOKS: A Must for All Employers —Gould

When faced with a human resources policy question at your agency, can you say "See the handbook"?
See Landmark USSC Decision AT&T Mobility LLC v. Concepcion et...

Landmark USSC Decision AT&T Mobility LLC v. Concepcion et ux.—May 2011

On April 27, 2011, exactly one year to the date that Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 130 S. Ct. 1758 (2010) was decided,...
See Local Law Firms Plan Growth Post-Recession —Wick— Dallas Business...

Local Law Firms Plan Growth Post-Recession —Wick— Dallas Business Journal

After years of cutbacks through the recession, North Texas law firms are reporting increased hiring plans for partners, associates, summer interns and support staff.
See Contracts Law 101 for Chief Administrative Officers—Lemoine

Contracts Law 101 for Chief Administrative Officers—Lemoine

J. Sean Lemoine, Partner – Commercial and Bankruptcy Litigation Wick Phillips Gould & Martin, LLP • Complex Commercial Litigation • Bankruptcy-Related Litigation • Pre-Litigation and Corporate Counseling • Alternate...
See On the Move —Callister— Dallas Bar Association

On the Move —Callister— Dallas Bar Association

On The Move Marilea W. Lewis, former Judge of the 330 District Court, has opened the new office of Marilea W. Lewis, P.C., 4120 Main Street, Suite 200,...
See Going Public by Accident — Mahanay — CFO Magazine

Going Public by Accident — Mahanay — CFO Magazine

Facebook has long been associated with a blurring of the line between private and public. How many people, after all, have joined the social-networking...
See Wick Phillips Adds H&B Energy, Contracts Atty — Drez...

Wick Phillips Adds H&B Energy, Contracts Atty — Drez — Law360

Law360, New York (February 17, 2011) -- Wick Phillips Gould & Martin LLP is bolstering its new Fort Worth, Texas, office with partner David Drez,...
See David Drez Joins Wick Phillips — Drez — LexisNexis...

David Drez Joins Wick Phillips — Drez — LexisNexis Litigation Resource

Wick Phillips Gould & Martin LLP, a full-service business law firm, has announced that David J. Drez III has joined the firm as a...
See Fannie, Freddie Shareholders Remain in Limbo — Mahanay —...

Fannie, Freddie Shareholders Remain in Limbo — Mahanay — The Street

WASHINGTON (TheStreet) -- Holders of common stock of Fannie Mae(FNMA) and Freddie Mac(FMCC) are in an unenviable position, but even though the government hasn't...

The Top Nine Ingredients For A Successful Website — Wick — Legal Management

Commercial litigation firm Wick Phillips Gould & Martin’s website was about six years old when the firm decided it was time for a redesign. Partner...
See Texas Rangers Play Ball in Bankruptcy Arena — Part...

Texas Rangers Play Ball in Bankruptcy Arena — Part II — American Bankruptcy Institute Journal

Part I discussed the early innings of the Rangers bankruptcy case. Another article appeared in the September 2010 issue of the Journal on the...
See Full Disclosure? Bankruptcy Rule 2019 and Unofficial Creditor Groups...

Full Disclosure? Bankruptcy Rule 2019 and Unofficial Creditor Groups — Westlaw Journal Bankruptcy

Jonathan Covin of Wick Phillips Gould & Martin discusses recent developments regarding whether Bankruptcy Rule 2019, which requires official committees and other entities to...
See But I Never Signed a Noncompete — Corporate Compliance...

But I Never Signed a Noncompete — Corporate Compliance Insights

The lawsuit filed by Hewlett Packard Co. against its now former CEO to prevent him from joining its chief rival Oracle Corp. is not...
See 11th Circ.’s Cappuccitti Ruling Could Undermine CAFA — Law360

11th Circ.’s Cappuccitti Ruling Could Undermine CAFA — Law360

(Sept. 30, 2010) The U.S. Court of Appeals for the Eleventh Circuit's recent ruling in Cappuccitti v. DirectTV Inc., which held that Class Action...

Wick Phillips Expands Litigation Practice — Lawyers.com

Wick Phillips Gould & Martin, LLP, a full-service business law firm, announces the hire of Seema Tendolkar, as an associate in the firm's litigation...
See The Deepwater Horizon Oil Spill and Multidistrict Litigation —...

The Deepwater Horizon Oil Spill and Multidistrict Litigation — Westlaw Journal

Attorneys Brant C. Martin and Jodie A. Slater of Wicks Phillips Gould & Martin discuss the pretrial consolidation of litigation stemming from the Deepwater...
See Oil Exec’s Assets Frozen in $17M Fraud Suit —...

Oil Exec’s Assets Frozen in $17M Fraud Suit — Law360

Law360, New York (September 09, 2010) -- A federal judge has frozen the assets of a Texas oilman accused of pocketing over $1 million...
See The ADA Amendments Act of 2008 — Dallas Bar...

The ADA Amendments Act of 2008 — Dallas Bar Association Headnotes

On January 1, 2009, comprehensive legislation amending the Americans With Disabilities Act of 1990 (ADA) took effect. Believing that courts had strayed from the...
See Newsmakers — Fort Worth Office — Texas Lawyer

Newsmakers — Fort Worth Office — Texas Lawyer

Wick Phillips has opened a new office at Two City Place, 100 Throckmorton St., Suite 550, Fort Worth 76102; telephone (817) 332-7788; fax (817)...
See Rangers Play Ball in Bankruptcy Arena — American Bankruptcy...

Rangers Play Ball in Bankruptcy Arena — American Bankruptcy Institute Journal

On May 24th, 2010, Texas Rangers Baseball Partners (Rangers Partners) filed a chapter 11 petition in the U.S. Bankruptcy Court for the Northern District...