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Texas Anti-Slapp – Strongest Anti-Slapp Statute in the United States No More?

Well sports fans, it appears the Texas Anti-Slapp is destined for some significant changes. HB 2730 passed out of the Senate and is now...
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Half-way Through May and Texas Anti-Slapp Motions Go 0 for 5 before the Dallas Court of Appeals.

Readers may recall I raised the question of how changes in the makeup of the Dallas COA would affect Texas Anti-Slapp Motions.https://www.antislapptexas.com/blog/2019/2/13/how-will-the-texas-anti-slapp-fare-under-the-new-dallas-coaI blogged about...
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The Price Is Not Always Right—Fort Worth COA Takes a Close Look At Contract Formation

The Fort Worth Court of Appeal issued its opinion in Musallam v. Ali, Number 02-16-00282-CV, and upheld a jury award of $904,924 to Ali...
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Failure to Put “Manager” Under a Signature Block Results in Personal Liability of Nearly $500,000 Dollar Debt

The Dallas Court of Appeals recently affirmed the trial court’s judgment to uphold a $492,664.42 debt against the individual, Jay LaFrance, where he signed...

Application of Texas Anti-Slapp to Tex. R. Civ. P. 202 Petition Called into Question.

In Cares  v. Fortier, NO. 01-18-00071-CV, 2019 WL 2041325 (Houston COA May 2019) the Houston COA held that the Texas Anti-Slapp does not...
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The Texas Supreme Court Issues A New Texas Anti-Slapp Opinion, But What it Didn’t Write About May Be More Important!

On Friday the Texas Supreme Court issued Dallas Morning News, Inc. v. Hall, 17-0637, 2019 WL 2063576 (Tex. May 10, 2019), reversing the Fort...
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The Dallas Court of Appeals Refuses to Expand the Scope of an Arbitration Clause Under Non-Disclosure Agreements.

The Dallas Court of Appeals affirmed the trial court’s ruling denying a motion to compel arbitration because the arbitration clause in two non-disclosure agreements...
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EEOC Age Discrimination and Retaliation Suit Leads to $150,000 in Damages and over $700,000 in Attorneys’ Fees Against Employer.

The Houston Court of Appeals issued its opinion in Apache Corporation v. Cathryn C. Davis, No. 14-17-00306-CV and upheld a jury award of $150,000 to...
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Texas Supreme Court Reverses Award of Attorneys’ Fees Sanctions Under Rule 215.4 Where the Defendant Does Not Make Appropriate Admissions.

In Medina v. Zuniga, No.: 17-0498, the Texas Supreme Court reversed and rendered judgment that the trial court abused its discretion in awarding sanctions. The case...
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Texas Supreme Court Weighs in On Commercial/Landlord Tenant Dispute with Over One Million in Attorneys’ Fees on the Line.

The Texas Supreme Court released Rohrmoos Venture v. UTSW DVA Healthcare, No. 16-006 (Tex. Apr. 26, 2019), which involved a commercial landlord (Rohrmoos Venture) and tenant...
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Fifth Circuit Holds A Party Can Waive the Challenge to the Composition of an Arbitration Panel.

The United States Fifth Circuit Court of Appeals recently issued an opinion on the failure to object to the composition of an arbitration panel that serves...
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Dallas Court of Appeals Slaps Down a Texas Anti-Slapp Appeal Based on the Plaintiff’s Communications

In Encore Enterprises, Inc. v. Maresh Shetty, Ca. No. 05-18-00511 (Dallas COA 2019), the Dallas COA upheld the trial court’s denial of a Texas...
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Yogi Berra Makes His First Appearance in the Texas Anti-Slapp Wars as the Fort Worth Court of Appeals Goes Once More Into the Breach on a Scope of Permissible Discovery Opinion.

The Fort Worth COA issued In re SSCP Management, Inc., No. 02-19-00098-CV, 2019 WL 1758502  --- S.W.3d ---- (Ft.  Worth COA 2019), a mandamus...
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Application of Real Estate “Industry Standards” Results in Reversal of a Fraud Based Jury Verdict

The Dallas Court of Appeals recently reversed a jury’s finding of fraud based, in part, on the defendant’s adherence to real estate industry standards concerning the...
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Eastland Court of Appeals Holds There Is No Thing as Texas Anti-Slapp on Texas Anti-Slapp Violence.

In Deepwell Energy Services, LLC v. Aveda Transportation, et al, No. 11-18-00265-CV, (Eastland COA 2019), the Eastland COA joined the 1st and 14th Houston...
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Forfeit Your Entity Charter – Lose Your Right to Bring a Law Suit in Texas.

The Twelfth Court of Appeals affirmed the trial court’s ruling that an entity is barred from bringing a lawsuit more than three years after it forfeits...
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Texas Supreme Court continues to hold that merger clauses alone do not defeat fraudulent inducement claims.

The Texas Supreme Court recently issued its opinion in Int’l Bus. Machines Corp. v. Lufkin Indus., LLC, 17-0666 (Tex. Mar. 15, 2019), clarifying existing law relative...
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Texas Supreme Court Limits Fraudulent Inducement Claims When Allegations Contradict Contract Language

In Mercedes-Benz USA LLC et al. v. Carduco Inc. dba Cardenas Metroplex, No. 16-0644, the Texas Supreme Court further limited fraudulent inducements claims.  It determined that a...
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Non-disclosed connections with counsel, including past campaign donations, are insufficient to disqualify an arbitrator.

In Sebastian v. Bliss Builders, Inc., (No. 09-18-00223-CV) the Sebastians appealed the trial court’s order vacating their arbitration award against Bliss Builders arising out of a residential...
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Guess Whose Back, Back Again? The Texas Supreme Court’s Back with a Texas Anti-Slapp Opinion. Tell a Friend.

I’ve been on hiatus for a few weeks. I’ll be posting some new opinions this weekend, but nothing shocking has occurred over the last...
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The Language in Oil & Gas Agreements Governs the Royalty Caclulation

The Texas Supreme Court issued its opinion in the most closely watched case involving royalty agreements since Chesapeake Exploration, L.L.C. v. Hyder.  In Burlington Resources Oil...
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Advancement of Attorneys’ Fees Through Trial–Upheld by the Fort Worth Court of Appeals

In L Series, et al. v. Holt, Number 02-17-00415-CV (Tex. App.—Fort Worth 2019), the trial court ordered that the Plaintiff entities advance the Defendant’s attorney’s fees...
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Media Groups Come Out Swinging Against Changes to the Texas Anti-Slapp

With three Texas House Bills advocating changes to the Texas Anti-Slapp the full court press on legislators is on. https://www.antislapptexas.com/blog/2019/3/13/the-future-of-the-texas-anti-slapp-is-here Anyone that follows...
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A Pair of Opinions from the Houston COA Serve as a Reminder – Timing is Everything Under the Texas Anti-Slapp

Montiel v. Eduardo, 2019 WL 1186695 (Houston COA 2019) serves as a reminder to properly calendar and pursue interlocutory appellate remedies under the Texas...
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The Future of the Texas Anti-Slapp is Here! But What Will it Be?

Here are the 3 House Bills that are proposing amendments to the Texas Anti-Slapp. I’ve also created a table (using my short hand) to...
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BAM!!!! The Dallas Court of Appeals Comes Out With It’s First Substantive Opinion on the Texas Anti-Slapp

Greetings from The Big Texan in Amarillo, where I’ve stopped to have lunch!Texas Anti-Slapp practitioners need to know the newly constituted Dallas COA has...
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TLR Comes Out Swinging Against the Texas Anti-Slapp

TLR has come out swinging about the breadth of the Texas Anti-Slapp, circulating an 18 page paper to Texas legislators. The paper certainly raises...
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Three New Opinions on Texas Anti-Slapp, including the Dallas COA finally getting on the board in 2019.

The week of February 25, 2019 was relatively busy for Texas Anti-Slapp opinions, but no new ground was broken. First up, Judge David Godbey...
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The Blog Begins

Thanks for joining us! This blog is published by the attorneys at Wick Phillips in Dallas, Texas. We’re excited to provide a platform to...
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Will the Atomic Bomb the Ft. Worth COA Just Dropped on Texas Anti-Slapp’s Right of Association Definition be the Tail that Wags the Dog up to the Texas Supreme Court?

Thethird 2019 Texas COA opinion comes from the Fort Worth COA in Kawcak v. Antero Resources Corporation,  Ca. No. 02-18-00301-CV (Ft. Worth COA...
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Home Developer’s $10 Million Tortious Interference Lawsuit Derailed (for now) by Texas Anti-Slapp.

Back in March 2018, a Dallas home builder filed a $10 million lawsuit in Megatel Homes III LLC v. United Development Funding LP et...
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Is a Hospital Lien Dispute Subject to Texas Anti-Slapp – Personal Injury Attorneys Get Guidance from the Tyler COA in 2019.

The Tyler COA is on the board early in 2019 with an interesting opinion that could have ripple effects on hospital lien disputes. ETX...
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While We Wait for the Fifth Circuit’s Ruling on Whether Texas Anti-Slapp Applies in Federal Court, What is the 2018/19 Trend in Texas Federal District Courts?

One of my first blog posts dealt with application of the Texas Anti-Slapp in the Fifth Circuit. https://www.antislapptexas.com/blog/2018/12/30/the-texas-anti-slapp-and-federal-courts The Fifth Circuit has at least...
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How will the Texas Anti-Slapp fare Under the New Dallas COA?

This past November eight new judges (all Democrats) were elected to the Dallas Court of Appeals. While the Dallas COA has yet to issue...
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And One to Grow On – Updating the 2018 Dallas COA chart to 19 Opinions

A reader emailed me to point out I missed Vodicka v. A.H. Belo Corporation, No. 05-17-00728-CV (Dallas COA 2018), where the Dallas COA upheld...
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The Little Blog that Could – Welcome to LexBlog and Top 10 Blogs of the week on Texas Bar Today!

www.antislapptexas.com is on now on https://www.lexblog.com/site/texas-anti-slapp-blog/ and was selected as one of the top 10 blog posts on Texas Bar Today for https://www.antislapptexas.com/blog/2019/2/7/oklahoma-federal-court-enters-the-does-anti-slapp-apply-in-federal-court-scrum ...
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The Houston COA Gets on the Board with its First Texas Anti-Slapp Opinion of 2019 – Reminding Everyone to Pay Attention to the Interlocutory Appeal Rules

In Humberto Leniek v. Evolution Well Services, LLC, NO. 14-18-00954-CV, 2019 WL 438825 (Houston COA 2019), the Houston COA dismissed an appeal where the...
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The Opinion Applying Anti-Slapp in Federal Court No One Has Heard Of.

In Craig PC Sales & Service, LLC v. CDW Government, LLC, Case No. CIV-17-003-F, 2018 WL 4861522 (W.D. OK April 30, 2018), Senior Judge...
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How did Trial Court Rulings on the Texas Anti-Slapp do in the Dallas Court of Appeals in 2018?

The Dallas COA issued eighteen (18) opinions involving Texas Anti-Slapp, one of which was withdrawn and superseded.  Demonstrating the complexity of the statute,...
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The Texas Supreme Court Gets on the Board Early with a “Non-Opinion” on the Applicability of the Texas Anti-Slapp to TRCP 202 (Pre-Suit Depositions)

Texas Rule of Civil Procedure 202 allows a litigant to take pre-suit depositions to investigate claims and/or preserve evidence prior to actually  filing a...

Oklahoma Court of Appeals Looks to Cases Interpreting the Texas Anti-Slapp

The Oklahoma Citizens Participation Act (“OCPA”) is substantially similar to the Texas Anti-Slapp, and recently in Southwest Orthopaedic Specialists, P.L.L.C. v. Allison, Case No....
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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. ...

New Texas Anti-Slapp Practice Group Area at Wick Phillips

https://www.wickphillips.com/practices/texas-anti-slapp/
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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....
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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,...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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:...
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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....
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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....
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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,...
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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...
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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...
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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...
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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...
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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...
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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...
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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"?
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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,...
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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.
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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...
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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,...
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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...
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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,...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...