Jackson Walker Litigation News

Duane Lites Wins Distinguished Peer Award for Litigation Support

Sunday, August 29, 2010

Duane Lites, Director of Litigation Support for Jackson Walker, was recently awarded the 2010 Distinguished Peer Award for Outstanding Achievements in Championing Litigation Support Technology. The award, given by the membership of the International Legal Technology Association (ILTA), recognizes outstanding achievement by an individual in championing litigation support within an organization as well as extending knowledge and information to the greater ILTA community.

Recipients were presented their awards during an award ceremony on August 26, 2010, in conjunction with ILTA's annual educational conference, ILTA 2010, held in Las Vegas, Nevada. For more information about the Distinguished Peer Award program, please CLICK HERE.

JW congratulates Mr. Lites on this well-deserved honor.

Rocky Walker Speaks at Advanced Consumer and Commercial Law Course

Thursday, August 26, 2010

Jackson Walker partner Rocky Walker will speak at the Texas Bar CLE 2010 Advanced Consumer and Commercial Law Course on September 2, 2010, in Dallas, Texas.

Mr. Walker's speech, titled "Practicing Law and Wellness: Modern Strategies for Lawyers Dealing With Anxiety, Addiction and Depression," is a part of the Texas State Bar-sponsored Advanced Consumer and Commercial Law CLE course. Other topics at the course include: evaluating and achieving the collectability of a consumer law case; debt collection from the collector's viewpoint; using social media evidence in litigation; and post-purchase real estate issues, to name a few. The course will also be offered on video in Houston, Texas, on October 7-8, 2010. To learn more about this course or to register, CLICK HERE.

Mr. Walker has more than 37 years of experience in commercial and personal injury litigation in state and federal courts. He focuses on civil litigation, primarily in both the prosecution and defense of complex commercial matters, and multiparty toxic tort issues, insurance coverage issues, intellectual property including trademark and copyright issues, and in construction law, representing both contractors and owners in the governmental and commercial areas. Additionally, he has handled the defense of class action suits and multiparty litigation in the products liability and securities areas. He has also handled copyright cases in the consumer products, music, and malt beverage industries. Mr. Walker received his B.A. degree from Davidson College and his J.D. degree from Vanderbilt University, where he was associate articles editor of the Vanderbilt Law Review and received Order of the Coif honors.

Chip Babcock Quoted on Anti-SLAPP Measures in the Texas Tribune

Wednesday, August 25, 2010

Jackson Walker partner Chip Babcock was recently quoted in Texas Tribune on the state's need for a statue against Strategic Lawsuits Against Public Participation (SLAPP).

The article, titled "Lawmakers Worry Meritless Lawsuits Threaten Free Speech," focuses on companies that file a lawsuit against an opposing public voice for no other purpose than to silence that voice -- and possible future critics -- by way of timely and expensive legal matters. Mr. Babcock, along with most lawmakers, thinks Texas would benefit from an anti-SLAPP stature, namely because SLAPP lawsuits pose a serious threat to the First Amendment.

"Just one case against someone who's a citizen journalist with a blog would be enough to get them to quit talking about things," Mr. Babcock was quoted. "It's no answer for that person to say, well at the end of the day, I'm going to win my case, because at the end of the day they're going to have to hire a lawyer to navigate them through the shoals of pretrial discovery and summary judgment practice, and it's very expensive."

CLICK HERE to read the article.

Mr. Babcock draws his knowledge of the problems SLAPP cases cause from defending his clients against similar lawsuits. Most notably, Mr. Babcock stated in the article, if such a statue had existed when he defended Oprah Winfrey against Texas Beef Group's defamation charges, a judge would have tossed the case immediately.

Mr. Babcock has also successfully defended The Chicago Tribune in the Circuit Court of Cook County Illinois and represented CNN in the aftermath of Hurricane Katrina. His litigation experience encompasses First Amendment defense, corporate governance matters, defamation and libel suits, covenant not to compete issues, breach of contract claims and more, and he has defended such disparate cases as the Rhode Island nightclub fire litigation in Providence, a defamation suit against Dr. Phil in Los Angeles, and a corporate governance matter in Fort Worth. He represents Fortune 500 clients on a regular basis both as plaintiffs and defendants and has tried over 100 cases to a jury.

Mr. Babcock is a fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers. He has been listed in The Best Lawyers in America for more than 10 years. He is listed in the latest edition of Chambers USA: America's Leading Lawyers for Business, and he was recently named one of Texas Lawyer's "25 Greatest Texas Lawyers of the Past Quarter-Century."

Chip Babcock Named to "25 Greatest Texas Lawyers" List

Monday, June 28, 2010

Jackson Walker partner Charles L. "Chip" Babcock was selected as one of Texas Lawyer's "25 Greatest Texas Lawyers of the Past Quarter-Century" in a special 25th anniversary issue of the publication. The list honors practicing Texas attorneys who have made outstanding contributions within the 25 years that Texas Lawyer has been published.

The profile on Mr. Babcock describes him as "a successful First Amendment lawyer who has racked up big wins in the courtroom for clients who include high-profile entertainment and political figures" and touches on his litigation victories for Oprah Winfrey, Dr. Phil McGraw, Diane Sawyer, and Bill O'Reilly, along with Texas Supreme Court Justice Nathan Hecht and Texas Court of Criminal Appeals Presiding Judge Sharon Keller.

Mr. Babcock has also successfully defended The Chicago Tribune in the Circuit Court of Cook County Illinois and represented CNN in the aftermath of Hurricane Katrina. His litigation experience encompasses First Amendment defense, corporate governance matters, defamation and libel suits, covenant not to compete issues, breach of contract claims and more, and he has defended such disparate cases as the Rhode Island nightclub fire litigation in Providence, a defamation suit against Dr. Phil in Los Angeles, and a corporate governance matter in Fort Worth. He represents Fortune 500 clients on a regular basis both as plaintiffs and defendants and has tried over 100 cases to a jury.

Mr. Babcock is a fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers. He has been listed in The Best Lawyers in America for over 10 years. He is listed in the latest edition of Chambers USA: America's Leading Lawyers for Business.

Before joining Jackson Walker, Mr. Babcock spent two years working for Judge Robert Porter in the U.S. District Court for the Northern District of Texas. He holds a J.D. from Boston University School of Law, where he served as Executive Editor of the Boston University Law Review. He earned his A.B. degree from Brown University.

Jackson Walker Congratulates its Chambers-Ranked Partners and Practice Groups

Friday, June 25, 2010

Three Jackson Walker partners were selected for inclusion in the 2010 edition of the prestigious Chambers USA: America's Leading Lawyers for Business guide. The firm itself has also been ranked for its Health Care practice, with sources calling the group "a compact but strong team of excellent attorneys" and its Real Estate practice, with sources saying, "The lawyers are deal-makers, not deal-breakers, and always highly diligent."

The Chambers guide identifies leading lawyers and law firms through interviews with thousands of lawyers across the U.S. and their clients. The criteria for selection in the guide include recommendations by clients, the attorney's visibility in his or her area of law, and the volume, complexity and size of work undertaken. For more information about the Chambers USA guide, CLICK HERE.

Congratulations to the following Chambers-ranked lawyers:

Chip Babcock - Ranked for First Amendment Litigation (National); Litigation: Trial Lawyers (National); and Litigation: General Commercial - Texas
The "truly outstanding trial lawyer" Charles Babcock of Jackson Walker LLP is "as good as it gets for handling defamation and First Amendment work," according to sources.
[From Chambers USA 2010]

Chip Babcock is acknowledged as "a first-class media lawyer and a highly effective courtroom advocate." ... One of Texas' leading lawyers for First Amendment and defamation issues.
[From Chambers USA 2010]

Chip Babcock is praised as "a superb trial attorney." He is especially strong in First Amendment matters. "Quick on his feet," he is praised for his relaxed manner in court and "connects well with juries." He recently obtained the dismissal of two libel claims against Oprah Winfrey and her company, Harpo Productions.
[From Chambers USA 2010]

Jed Morrison - Ranked for Health Care - Texas
Edgar Morrison is "a go-to lawyer for reimbursement work." He is recommended for his representation of physicians and other healthcare practitioners as well as for his antitrust expertise.
[From Chambers USA 2010]

Kurt Nondorf - Ranked for Real Estate - Texas
Kurt Nondorf focuses on operations and leasing work, and is described as "incredibly hard-working and smart, with experience of working on major deals."
[From Chambers USA 2010]

Brad Brown Speaks on Aviation Litigation

Tuesday, June 22, 2010

Jackson Walker partner Brad Brown spoke at the American Conference Institute's 2nd Annual Forum on Defending and Managing Aviation Litigation on June 22, 2010, in Boston, Massachusetts.

Mr. Brown's speech, titled "Fault Apportionment and Other Sources of Liability: Airport Liability, Cargo Claims, Air Traffic Control Liability and Beyond," focused on the defense of aviation claims. He was joined in the discussion of defending and managing aviation claims by distinguished in-house counsel from many airline carriers and manufacturers, leading outside defense counsel, and six federal jurists. The conference provided valuable information and insight on topical issues within aviation litigation. To learn more about the event, CLICK HERE.

Mr. Brown's primary practice focuses on aviation related matters, including negligence, product liability, personal injury/wrongful death, toxic tort, premises liability, commercial business torts, deceptive trade practices and cargo claims in both state and federal courts. Mr. Brown received his B.B.A. degree, with high honors, in Finance from the University of Texas at Austin and his J.D. degree, with honors, from the University of Texas School of Law.

Jackson Walker Welcomes David Seidler

Monday, June 21, 2010

Jackson Walker is pleased to welcome partner David Seidler to the firm's Fort Worth office.

Mr. Seidler was previously a partner in the Fort Worth office of K&L Gates. His practice focuses on commercial litigation, insurance defense, and alternate dispute resolution. Since 1992, Mr. Seidler has conducted more than 1900 mediations of federal and state court cases involving every conceivable type of dispute.

He is an immediate past Board member of the Tarrant County Bar Association and a Founding Board Member and past Chairman of the Tarrant County Bar Foundation. Mr. Seidler has also served as President of the Eldon B. Mahon Inn of Court and as President of the Texas Young Lawyers Association.

Mr. Seidler is a member of the Serjeants' Inn of the American Inns of Court, American Board of Trial Advocates, Federation of Defense and Corporate Counsel, the Defense Research Institute and currently serves as Treasurer for the Board of CASA (Court Appointed Special Advocates) of Tarrant County. He received his B.A. from the University of New Mexico and his J.D. from the Texas Tech University School of Law.

Retta Miller Discusses Litigation on Platforms News Program

Sunday, June 20, 2010

Jackson Walker partner Retta Miller was recently interviewed on the Internet news program Platforms. The interview includes insight on what Ms. Miller does within the litigation practice area, and Ms. Miller talks about one of her more memorable trials, where she was part of a trial team that successfully defended a Japanese company. The host and Ms. Miller also discuss Ms. Miller's civic work, which centers around her involvement with organizations that promote the safety and empowerment of women. The full interview can be viewed by CLICKING HERE.

The Platforms program, hosted by Shivaun Palmer, is part of the Women's Broadcast Network, a multimedia company producing substantive, educational, life-enhancing programming for women. The weekly show focuses on key issues that impact women and their families, including legal issues. For more information about the show, CLICK HERE.

Ms. Miller has more than 24 years of experience representing clients in civil litigation, arbitration, and appeals. Ms. Miller has extensive trial experience, having served as lead counsel in more than 25 trials and arbitrations that were tried to conclusion. She focuses her practice on the representation of retail brokerage firms and other financial institutions. Ms. Miller received her B.S. and M.A. degree from Oklahoma State University and her J.D., cum laude, from Northwestern University School of Law, where she was an executive editor of the Journal of International Law and Business and a member of the National Moot Court Team.

Retta Miller and Susan Mead Honored in D Magazine's "Best Women Lawyers in Dallas 2010"

Wednesday, June 16, 2010

Jackson Walker partners Retta Miller and Susan Mead were recently named two of D Magazine's "Best Women Lawyers in Dallas 2010."

The "Best Women Lawyers in Dallas" list is comprised of lawyers who are first nominated by their peers for their exemplary work; then, a panel of eminent lawyers evaluate the nominations and vote to compile the final list. The list is published annually and includes more than 15 practice area categories.

Ms. Miller was listed in the Business Litigation category as one of Dallas' 2010 "Best Women Lawyers." She has more than 24 years of experience representing clients in civil litigation, arbitration, and appeals. Ms. Miller has extensive trial experience, having served as lead counsel in more than 25 trials and arbitrations that were tried to conclusion. She focuses her practice on the representation of retail brokerage firms and other financial institutions.

Ms. Mead was the only attorney listed in the Land Use category as one of Dallas' 2010 "Best Women Lawyers." She brings a depth of knowledge in land use law with more than 30 years experience focusing on zoning, planning and entitlements law including implementation of tax increment financing districts and other economic development incentives. Ms. Mead has successfully represented numerous local and regional residential and commercial developments and projects. She was also selected as a 2009 "Best Lawyer in Dallas" by D Magazine.

Jeffrey Kitner Featured in Pecos Enterprise

Monday, May 03, 2010

Jackson Walker partner Jeffrey Kitner was recently quoted in the Pecos Enterprise regarding Jackson Walker client Texas New Mexico Power Company ("TNMP") during his presentation at a public regulatory hearing with the City of Pecos.

Mr. Kitner was featured in the Enterprise, the Pecos City newspaper, regarding Jackson Walker's representation of TNMP in countering a claim by TriStem, a utility auditing agency, that City of Pecos had been over-billed for street lighting services by TNMP. While TriStem claims that TNMP has overbilled the City for street lighting services, TNMP disputes that calculation, and Mr. Kitner argued at the public hearing that the auditing company used faulty calculations to come up with that number, and in actuality, the city of Pecos had been drastically under-billed by TNMP.

"Tri Stem would put the city in the position of receiving an inequitable windfall, and we don't think that's fair," Mr. Kitner argued at the public hearing.

Mr. Kitner focuses his practice on commercial and business litigation, and he has represented plaintiffs and defendants in a variety of litigation matters in both state and federal courts. He has handled lawsuits in many areas, including energy, intellectual property, health care, banking, real estate, sequestration, garnishment, post-judgment collection, and other commercial disputes. Mr. Kitner also has significant arbitration experience as well with the Public Utility Commission of Texas. He received his B.A. in Political Science and Sociology from Emory University and his J.D. from The University of Texas School of Law.

James McBride Argues Before the Texas Supreme Court

Thursday, April 22, 2010

Jackson Walker partner James McBride argued on April 15, 2010, before the Texas Supreme Court in Austin, Texas, on the issue of a tax dispute between a Jackson Walker client and the state comptroller.

Mr. McBride's argument for the client addressed whether the client was wrongfully taxed. The state comptroller deemed the company's taxes on seismic data receipts should be based on the location where the data was used. However, the client believed, because of the type of data they were selling, the taxes should reflect the payor's location. You can view Mr. McBride's oral argument on this issue before the Texas Supreme Court by CLICKING HERE.

Mr. McBride represents companies in business disputes and in defense of personal injury matters. With a focus on representing companies in the energy industry, Mr. McBride has represented upstream energy companies and oilfield service providers, including drilling contractors, operator's representatives, and seismic companies in a variety of disputes. With experience on both sides of the docket, he has handled cases involving environmental damage claims, offshore and onshore property damage claims, eminent domain, landowner and royalty disputes, commercial disputes, and personal injury claims. Mr. McBride received his B.A. degree from Southwestern University and his J.D. from Texas Tech University School of Law.

John Clayton to Speak on Pipeline Integrity Management

Tuesday, April 13, 2010

Jackson Walker partner John Clayton will speak at the 2010 Pipeline Conference and Cybernetics Symposium on April 20, 2010, in New Orleans, Louisiana.

Mr. Clayton's speech is titled "Exposure and Liability in Pipeline Integrity Management." He is joined in the subject of business risks and opportunities for pipeline operators by Vince Murchison from Sonnenschein, Nath & Rosenthal L.L.P. and Jeff Whitney from Berkana Resources. To view more on this event or to register, CLICK HERE.

Mr. Clayton is a litigation defense attorney with 42 years of experience defending commercial and energy sector clients in liability exposure cases, including those with hundreds of millions of dollars at stake. His practice is focused on representing large corporations, including petroleum, gas, and electric utility companies, oil refineries, pipeline companies, electric generation plants, and related energy companies, as well as specialty insurance carriers and self-insured companies. Also, his practice focuses on representation of companies involved in commercial business litigation and construction issues. He handles various litigation defense matters. Prior to relocating to Houston, Texas, in 1992, Mr. Clayton practiced in Little Rock, Arkansas, as a commercial and tort defense attorney in the state's third-largest firm, serving as head of its Litigation Section. In addition, he has served as a Juvenile Judge, a Visiting District Judge and prosecuted criminal cases in Arkansas.

Lionel Schooler Presents HBA Arbitration Update 2010

Tuesday, February 09, 2010

Jackson Walker partner Lionel M. Schooler presented his annual update on changes in arbitration law at the Houston Bar Association (HBA) Alternative Dispute Resolution Section's meeting. The presentation was February 9th at the South Texas College of Law in Houston.

The Alternative Dispute Resolution Section of the HBA is committed to educating and informing members of the Section and the HBA on the benefits and all aspects of mediation, arbitration and other forms of alternatives to litigation. Mediation is relatively new to the profession and the Courts of Texas, as it did not begin to receive its widespread acceptance until the 1990s. For more information on the Alternative Dispute Resolution Section of the HBA, CLICK HERE.

Mr. Schooler has extensive experience in arbitration as an arbitrator and as an advocate. He has served as an arbitrator in business, healthcare, construction, and employment disputes and has tried over 50 jury and non-jury cases as well as argued numerous appeals in the United States Court of Appeals for the Fifth Circuit and in the Texas Courts of Appeals. He has developed significant expertise in labor and employment law as well as business litigation (with an emphasis in federal practice). He has practiced law for more than thirty years and primarily focuses on management-side labor and employment law, federal arbitrations and litigation, bankruptcy and complex commercial litigation, construction litigation and arbitration, False Claims Act litigation, banking litigation, and real estate and title insurance litigation. Mr. Schooler's practice has also included tax litigation, antitrust litigation, securities litigation, general litigation, and appellate law. He earned his B.A. degree in History, with departmental honors, from the University of Pennsylvania and his J.D. degree from the University of Texas, where he was a member of the Texas Law Review and the National Order of Barristers, winner of the Intramural Mock Trial Competition, and a finalist for the Hildebrand Moot Court Competition (selected as Best Advocate).

Summary Judgment of Patent Invalidity from Eastern District of Texas Upheld by Federal Circuit

Monday, February 08, 2010

In a patent infringement case in which Jackson Walker partner Bob Latham argued for Defendant/Appellee Medical Research Institute, the Federal Circuit upheld a summary judgment by the Eastern District of Texas, finding that the patent in suit was invalid. Iovate Health Science, Inc. v. BSN, Inc. and Medical Research Institute, 92 U.S.P.Q. 2d 1672 (Fed. Cir. 2009).

Judge Ron Clark of the Eastern District of Texas had previously held that claims in the patent at issue, directed to the administration of dietary supplements, were anticipated by a prior printed publication — namely advertisements in fitness magazines for supplements enhancing muscle recovery. Judge Clark also found that the on-sale bar of 35 U.S.C. § 102(b) provided a basis for summary judgment for the defendants as well, and that the product had been in public use more than one year prior to the critical date of the patent in suit.

The Federal Circuit affirmed the summary judgment in its opinion of November 19, 2009, finding that the advertisements in a fitness magazine constituted an anticipatory prior printed publication that invalidated the pertinent claims of the patent in suit. In a concurring opinion, Judge Mayer opined that the products were on sale more than one year before the critical date and therefore the on-sale bar of 35 U.S.C. § 102(b) would compel judgment for the defendant/appellees as well.

With Mr. Latham on the brief were Jackson Walker partner David Moran, chair of the firm's Appellate practice group, and Jackson Walker associate Sara Borrelli.

Jackson Walker Welcomes Two New Partners to the Houston Office

Tuesday, February 02, 2010

HOUSTON — Jackson Walker welcomes new partners Amy Baird & Tré Fischer to the firm's Houston office.

Amy L. Baird represents clients in the energy industry. She does complex commercial and mass toxic tort litigation for those clients, along with regulatory, transactional and project acquisition work for clients in Texas, Louisiana, Arkansas and Mississippi. In addition to energy litigation matters, Ms. Baird also handles general contract and complex commercial litigation and mass toxic tort litigation. Her experience includes the legal representation of interstate and intrastate natural gas pipelines, natural gas storage facilities, liquids and crude oil pipelines, natural gas gatherers, natural gas processors, gas marketers, oil and gas producers, electric utilities, merchant power plants, power marketers, local distribution companies, municipally-owned gas and power distributors, industrial gas and power users, alumina and chemical manufacturers, cogeneration facilities, and utility regulators. Prior to joining private practice, Ms. Baird served as in-house counsel for Southern Natural Gas Company in Birmingham, Alabama. She received her B.A. degree, with honors, and her J.D. degree from the University of Alabama, where she received the American Jurisprudence Award.

Joseph "Tré" August Fischer, III has broad experience with environmental liabilities and contaminated properties and the management, litigation, and resolution of environmental issues and natural resource damages claims involving regulatory agencies and private parties. He has extensive experience in transaction structuring, negotiation and documentation and in environmental risk management and remediation. He also has handled investigation and litigation resulting from catastrophic explosions, releases and other industrial incidents and has experience in a wide-range of significant environmental, personal injury, toxic tort and commercial litigation for corporate, individual and insurance clients. Mr. Fischer has served as Vice President & Deputy General Counsel for TRC Companies, Inc. and Assistant General Counsel for Kaiser Aluminum. He also served as an adjunct professor at the University of Houston Law Center and worked as a Tax Associate at Price Waterhouse while attending law school. Mr. Fischer received his B.A. degree in Mathematical Economic Analysis, Economics, and Policy Studies from Rice University. He performed graduate work in economics at Vanderbilt University, and earned his J.D., magna cum laude, from the University of Houston Law Center.

Jackson Walker L.L.P. has more than 100 years of experience in providing legal counsel to clients throughout Texas, the United States and internationally. The firm provides a strong regional base of more than 300 attorneys in Austin, Dallas, Fort Worth, Houston, San Angelo and San Antonio.

Scott Brown Speaks on Ethics and Leadership in a Global Context

Thursday, November 19, 2009

Jackson Walker partner Scott Brown will speak at The University of Oklahoma's Ethics and Leadership in a Global Context workshop. The workshop is November 20 on the OU campus.

Mr. Brown will speak to a group of students in the JC Penney Leadership Program. He will present case studies and walk students through the roles that culture and environment play in the way that business people and lawyers in foreign jurisdictions approach problems and legal issues. Students will also work in teams on legal scenarios and present their findings. To learn more about the JC Penney Leadership Program, CLICK HERE.

Mr. Brown's practice concentrates primarily on assisting publicly traded and privately held business entities with mergers and acquisitions, the development and implementation of strategic alliances and joint ventures, related commercial contracts, and equity and debt financing. He also advises clients with respect to United States federal securities laws. Mr. Brown received his B.A. degree, with distinction, from the University of Oklahoma and his J.D. degree from Tulane Law School.

Katherine Staton Moderates Panel on Pre-Trial Motion Practice in Aviation Cases

Tuesday, October 27, 2009

Jackson Walker partner Katherine Staton moderated a panel discussion at the American Bar Association – Tort Trial & Insurance Practice Section's Behind the Curtain: Insight Into the Aviation Practice From Go-Team to Trial conference. The conference was October 22-23 at the Ritz-Carlton Hotel in Washington, D.C.

Ms. Staton moderated the panel "Pre-Trial Motion Practice in Aviation Cases." The panelists discussed the key motions available and related strategies and tactics for raising pre-trial motions. To learn more about the conference, CLICK HERE.

Ms. Staton, a partner in the Litigation section of Jackson Walker in Dallas, has over 19 years of experience in civil trial matters and focuses on aviation-related cases. She serves as lead counsel for airlines, fixed-based operators, and insurance companies, managing and trying a variety of cases and disputes not only in Texas, but nationwide. Ms. Staton efficiently oversees litigation, frequently securing summary judgments and resolutions to disputed matters involving negligence, premise liability, worker's compensation, subrogation, products liability, food-borne illness, international treaties, and federal regulatory claims for clients across the country. Ms. Staton received her B.B.A. degree in Accounting from St. Mary's University of San Antonio, graduating cum laude, and her J.D. degree from Southern Methodist University. During her tenure at S.M.U., she was a staff member and Citations Editor of the Journal of Air Law & Commerce.

Leonard Hoffman and John Koepke Speak on Mediation and Negotiation of Title Insurance Claims

Tuesday, October 20, 2009

Jackson Walker partners Leonard Hoffman and John Koepke will speak at the Stewart Title Guaranty Company's (STGC) national claims counsel and litigation seminar. The seminar is October 21 at Hilton Houston Post Oak Hotel in Houston, Texas.

Mr. Hoffman and Mr. Koepke will present "Mediation and Negotiation Skills." The presentation discusses the value of mediation in title insurance claims handling, the mediation process from the mediator's and litigant's perspectives, the stratagems utilized to achieve economical and effective results in resolving owners and lenders policy claims, and independent and affiliated title agency litigation issues.

Mr. Hoffman has been a licensed attorney for over 30 years and has conducted over 400 mediations. He is Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization. Mr. Hoffman has extensive experience in various practice areas, business transactions, and financial matters, including acquisition and development of properties; purchase and sale of income producing properties; tax free exchanges; interim and permanent financing; industrial revenue bond financing; construction law; leasing; equity participation transactions; zoning and other forms of land use control; infrastructure issues; condominiums; real estate brokerage; mixed-use developments; and management agreements. He received his B.A. degree from Southwestern University and his J.D. degree from the University of Arkansas.

Mr. Koepke has represented STGC in owners and lenders title policy claims, direct actions, and bad faith claims for more than 20 years. He has a litigation-oriented practice for a wide variety of clients including Fortune 100 corporations, privately held companies, and health care facilities. He has successfully handled virtually every type of case in the field of employment and commercial litigation including arbitrations, class actions, state and federal court jury trials, and administrative proceedings. Mr. Koepke received both his B.S. degree and his J.D. degree from the University of Kansas.

Russ Meyer Appointed Chairman of State Bar Committee

Monday, September 21, 2009

Jackson Walker partner Russ Meyer has been appointed Chairman of the State Bar of Texas Court Rules Committee for its 2009-2010 term.

The President of the State Bar, Roland Johnson, appointed Mr. Meyer to the position. Mr. Meyer has been a member of the Rules Committee for the past six years. During that time, his duties have included serving as the Vice-Chairman of the Committee (2008-2009) and three terms as Chairman of the Pre-Trial Rules Subcommittee.

The Rules Committee is actively involved in reviewing, revising, and crafting proposed Rules of Civil Procedure, as well as amendments to or comments about those Rules, for consideration and approval by the Supreme Court of Texas. To learn more about the Court Rules Committee, CLICK HERE.

Mr. Meyer's primary expertise is in the areas of intellectual property and business litigation. He received his B.A. from Washington and Lee University, after which he spent two years on active duty in the United States Army. Mr. Meyer received his J.D. degree from the University of Texas Law School, where he was a member of the Texas International Law Journal. After law school, he served as a law clerk to the Chief Judge of the U.S. District Court for the Southern District of Texas. Mr. Meyer has practiced law for over 36 years as a trial attorney in Dallas, Houston, and Washington D.C.

The Rules Committee and Texas Supreme Court Advisory Committee are two of the primary committees charged with the important task of crafting and proposing Rules of Civil Procedure for consideration and adoption by the Texas Supreme Court. Jackson Walker Partner Chip Babcock has served as Chairman of the Texas Supreme Court Advisory Committee for more than nine years. Mr. Meyer's recent appointment marks one of the few instances in which the leaders of these two important committees have been members of the same firm. Jackson Walker is especially proud of this achievement.

David Curcio Speaks on Techniques for Expert Testimony

Monday, August 24, 2009

Jackson Walker partner David Curcio recently spoke to the Houston Chapter of the Texas Society of Certified Public Accountants. The seminar, titled Litigation & Valuation: Deposition & Trial Techniques, was August 19.

Mr. Curcio co-presented with Michael Jayson, CPA of Jayson & Frisby. They provided first-hand knowledge to help prepare the novice witness or recondition the seasoned expert in the proper methods for today's depositions and trials and explained how to discern the distinction between the two. They discussed rules governing expert witnesses, differences between deposition testimony and trial testimony, elements of testimony, and techniques and styles of providing testimony. To learn more about the Texas Society of CPAs, CLICK HERE.

Mr. Curcio's practice focuses on defending financial institutions in consumer litigation, including state and federal statutory and common law claims. He has successfully defended banks against consumer class action attorneys and state attorneys general. He has over 20 years experience in commercial litigation. In addition to defending lender liability matters, he has litigated insurance coverage matters and large commercial contract cases. He also has substantial class action, arbitration, and appellate experience. Mr. Curcio received his B.A. degree from Rice University, where he served as Secretary of Lovett College. He attended law school at the University of Oregon and then the University of Texas, from which he received his J.D. degree in 1986.

Brad Brown Speaks on Federal Preemption, GARA, and Government Contractor Defense

Friday, June 19, 2009

Jackson Walker partner Brad Brown will speak at the American Conference Institute's Premier Forum on Defending and Managing Aviation Litigation. Mr. Brown will speak on June 23 at the Hyatt Regency in Boston, Massachusetts.

Mr. Brown will participate on the "Changing the Landscape of a Pending Case by Asserting Key Defenses Provided by Statute and Case Law: An In-Depth Look at Federal Preemption, GARA, and the Government Contractor Defense" panel. The panelists will discuss issues such as the different types of litigation involved in the aviation context and how preemption is currently being applied in them; special nuances with simplifying the preemption analysis in the context of domestic commercial flights; knowing the age of the alleged defective part in order to ascertain if GARA applies and being prepared to address plaintiff's attempt to circumvent this bar by establishing a knowing misrepresentation; and using the defense to provide a viable grounds for dismissal when defending manufacturers of military or other products supplied to the government. To learn more about the Forum, CLICK HERE.

Mr. Brown's primary practice focuses on aviation related matters, including negligence, product liability, personal injury/wrongful death, toxic tort, premises liability, commercial business torts, deceptive trade practices and cargo claims in both state and federal courts. Mr. Brown received his B.B.A. degree, with high honors, in Finance from the University of Texas at Austin and his J.D. degree, with honors, from the University of Texas School of Law.

Jackson Walker Congratulates its Chambers-Ranked Partners

Friday, June 19, 2009

Four Jackson Walker partners were selected for inclusion in the prestigious Chambers USA: America's Leading Lawyers for Business guide. The firm itself has also been ranked for its Health Care and Real Estate practices.

The Chambers guide identifies leading lawyers and law firms through interviews with thousands of lawyers across the U.S. and their clients. The criteria for selection in the guide include recommendations by clients, the attorney's visibility in his or her area of law, and the volume, complexity and size of work undertaken. For more information about the Chambers USA guide, CLICK HERE.

Congratulations to the following Chambers-ranked lawyers:

Chip Babcock - Ranked for First Amendment Litigation (National) and Litigation: General Commercial - Texas
"Phenomenal at closing arguments and superb on his feet," Chip Babcock of Jackson Walker LLP is a "truly brilliant trial lawyer." Houston-based, he stands out among competitors in Texas for First Amendment, defamation and bet-the-company litigation. In addition to significant matters for Fox News and the Chicago Tribune, he acted for Oprah Winfrey and ABC on a misappropriation claim by a plaintiff concerning the TV series 'The Big Give'.
[From Chambers USA 2009]

"A brilliant media lawyer," Charles Babcock of Jackson Walker LLP focuses on First Amendment defamation-related work. He is praised for being outstanding on his feet: "He shines in a trial situation, and he gave one of the best closing arguments I have ever heard," recalls one source.
[From Chambers USA 2009]

Bob Latham - Ranked for Litigation: General Commercial - Texas
Chair of both the media law and IP litigation practice groups, Robert Latham is "great on his feet, particularly when dealing with witnesses," reveal sources.
[From Chambers USA 2009]

Jed Morrison - Ranked for Health Care - Texas
This midsized Texas firm's healthcare practice is spread across its Dallas, Houston, Austin and San Antonio offices, with lawyers advising clients including hospital systems, physician organizations, joint ventures, long-term care providers and medical equipment manufacturers and suppliers. "One of the stronger regional operations around," the team covers areas including M&A transactions, administrative matters, regulatory advice and healthcare litigation. San Antonio-based Edgar Morrison is a prominent name for reimbursement issues; other areas of his practice include antitrust, Medicare and Medicaid regulatory issues and healthcare transactional law.
[From Chambers USA 2009]

Kurt Nondorf - Ranked for Real Estate - Texas
[Jackson Walker's] well-rounded real estate practice provides assistance with the full range of transactions to a diverse client base that includes REITs and institutional owners of commercial real estate. Key clients Lionstone Group and Crescent Real Estate provide a steady source of work for the team, which is particularly well regarded for its expertise in commercial leasing agreements. Kurt Nondorf is the team's standout real estate attorney, and his experience extends to all forms of transactions concerning commercial and industrial real estate.
[From Chambers USA 2009]

Brian Kilpatrick Speaks on Preparing Clients and Employees for Oral Depositions

Friday, May 29, 2009

Jackson Walker partner Brian Kilpatrick presented to the Metroplex Association of Corporate Paralegals on May 19.

Mr. Kilpatrick presented "Preparing Your Client, Client Representative, or Employee for an Oral Deposition." The presentation included both legal and practical tips on how to prepare a witness for deposition. It also included video clips demonstrating mistakes that witnesses sometimes make in giving a deposition.

Mr. Kilpatrick has over 15 years of experience representing clients in civil litigation, arbitration, and appeals. He specializes in commercial and business litigation and has handled lawsuits in a number of substantive areas, including banking and lending liability; fair credit reporting; truth in lending; intellectual property; securities fraud; class actions; real estate defense; and other business litigation. He is also a member of the Special Investigations practice at Jackson Walker and serves as an independent investigator in Sarbanes-Oxley type special investigations involving a variety of accounting issues. He has represented individuals; local, national, and international companies; and partnerships and financial institutions, in both state and federal courts as well as before various arbitration forums, including the National Association of Securities Dealers. Mr. Kilpatrick received his B.A., with honors, in Political Science from Austin College. He received his J.D. degree from Baylor University, where he served as Notes and Comments Editor of the Baylor Law Review and was a member of the TYLA Moot Court Team.

Lonnie Schooler Speaks on Latest Developments in Arbitration

Wednesday, May 13, 2009

Jackson Walker partner Lonnie Schooler will speak at the Houston Bar Association (HBA) – Alternative Dispute Resolution Section's Annual Conference on ADR 2009. The seminar is May 15 at the South Texas College of Law in Houston, Texas.

Mr. Schooler will present "Arbitration Update 2009: I Can't Believe They Really Did That." His presentation will focus upon the numerous U.S. Supreme Court, Fifth Circuit, and Texas Supreme Court decisions that have been issued since January 1, 2008. He will discuss the extent to which they have affected the arbitration landscape, particularly the way in which courts can now review arbitration awards, and the way in which arbitration agreements need to be drafted to take account of these recent developments in the law. To learn more about the seminar, CLICK HERE.

Mr. Schooler has developed significant expertise in labor and employment law as well as business litigation (with an emphasis in federal practice). He has also served as an arbitrator in business, healthcare, construction, and employment disputes. Mr. Schooler has practiced law for more than 30 years and his practice primarily focuses on management-side labor and employment law, federal arbitrations and litigation, bankruptcy and complex commercial litigation, construction litigation and arbitration, False Claims Act litigation, banking litigation, and real estate and title insurance litigation. His practice has also included tax litigation, antitrust litigation, securities litigation, general litigation, and appellate law. Mr. Schooler earned his B.A. degree in History, with departmental honors, from the University of Pennsylvania and his J.D. degree from the University of Texas, where he was a member of the Texas Law Review and the National Order of Barristers, winner of the Intramural Mock Trial Competition, and a finalist for the Hildebrand Moot Court Competition (selected as Best Advocate).

Carl Butzer Speaks on Best Practices for Litigation Management and E-Discovery

Tuesday, April 21, 2009

Jackson Walker partner Carl Butzer will speak at the Globalaw E-Discovery Meeting. The meeting is April 23 at the Embassy Suites, Downtown-Lakefront in Chicago, Illinois.

Mr. Butzer will present "Best Practices for Litigation Management and E-Discovery." The presentation will cover how to manage different national standards regarding the protection of private and confidential information. To learn more about this meeting, CLICK HERE.

Over the past 19 years, Mr. Butzer has developed nationally recognized expertise in the fields of intellectual property litigation and counseling, electronic discovery, and electronic information management. He is Chair of the Dallas Office Intellectual Property Group, Chair of the Litigation Support Committee, and Co-Chair of the firm's E-Discovery Group. His intellectual property practice focuses on trade secrets, trademark, trade dress, unfair competition, copyright, and licensing matters. Mr. Butzer received his B.A. degree in Political Science and Economics, with special honors, from the University of Chicago in 1984. He received his J.D. degree from the University of Michigan in 1988, where he was Contributing Editor for the Journal of Law Reform. He received his LL.M. degree from the University of Cambridge in England in 1989.