Publications

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...

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...

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...

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...

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...

Back in March 2018, a Dallas home builder filed a $10 million lawsuit in Megatel Homes III LLC v. United Development Funding LP et...

The Tyler COA is on the board early in 2019 with an interesting opinion that could have ripple effects on hospital lien disputes. ETX...

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...

This past November eight new judges (all Democrats) were elected to the Dallas Court of Appeals. While the Dallas COA has yet to issue...

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...

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 ...

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...

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...

The Dallas COA issued eighteen (18) opinions involving Texas Anti-Slapp, one of which was withdrawn and superseded.  Demonstrating the complexity of the statute,...

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...

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. ...

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...

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...

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...

Marble Ridge has accused Neiman Marcus of a $1 billion fraudulent transfer. NM recently responded with a defamation counterclaim, walking squarely into the teeth...

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...

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...

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...

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...

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...

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....

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,...

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...

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...

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...

As insured businesses and individuals grapple with the massive property damage and income losses resulting from Hurricane Harvey, keep these basic points in mind...

Insureds that have suffered property damage or business interruption losses because of Hurricane Harvey should strongly consider making their insurance claims today to limit...

Hurricane Harvey is causing unprecedented destruction in Texas. To best protect themselves, insureds should be aware of a new Texas law that limits recovery...

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...

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...

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:...

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....

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...

Law360, New York (March 6, 2013, 1:22 PM ET) -- Texas law firm Wick Phillips has landed a commercial litigation and intellectual property wizard...

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...

In 2009, two employers ventured into what was otherwise unchartered territory by requesting Facebook passwords from job seekers. It is only recently, however, that...

We spoke with four attorneys who handle bankruptcy and collections work about how to find clients in other countries; how they track down local...

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...

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...

A manager wants to fire an employee because she is surly and uncooperative with her coworkers. The problem? No written documentation of the issue....

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,...

Americans are either way overworked and overstressed, or bored and not working at all, according to the Daniel Bowling, senior lecturing fellow at the...

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...

In December 2004, plaintiff Allianz Life Insurance Co. issued promissory notes to Northland Investment Co. to finance the purchase of four apartment complexes in...

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...

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...

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

When faced with a human resources policy question at your agency, can you say "See the handbook"?

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,...

After years of cutbacks through the recession, North Texas law firms are reporting increased hiring plans for partners, associates, summer interns and support staff.

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...

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,...

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...

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

Wick Phillips Gould & Martin LLP, a full-service business law firm, has announced that David J. Drez III has joined the firm as a...

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...

Part I discussed the early innings of the Rangers bankruptcy case. Another article appeared in the September 2010 issue of the Journal on the...

Jonathan Covin of Wick Phillips Gould & Martin discusses recent developments regarding whether Bankruptcy Rule 2019, which requires official committees and other entities to...

The lawsuit filed by Hewlett Packard Co. against its now former CEO to prevent him from joining its chief rival Oracle Corp. is not...

(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...

Attorneys Brant C. Martin and Jodie A. Slater of Wicks Phillips Gould & Martin discuss the pretrial consolidation of litigation stemming from the Deepwater...

Law360, New York (September 09, 2010) -- A federal judge has frozen the assets of a Texas oilman accused of pocketing over $1 million...

On January 1, 2009, comprehensive legislation amending the Americans With Disabilities Act of 1990 (ADA) took effect. Believing that courts had strayed from the...

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)...

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...

Law360, New York (July 23, 2010) -- Bringing a Daubert challenge is one of the biggest sticks a defense attorney can wield in high-stakes...

A client and I recently discussed the merits of offering a group of laid-off employees additional compensation in the form of "severance compensation." This...

While reducing your labor force may seem to be a simple method for cutting costs in the current economy, most companies realize that this...

The U.S. Constitution is a wonderful document, brilliantly crafted, able to stand the test of time. Among the many rights and protections it affords...

In 1990, Congress passed the Americans With Disabilities Act (the "ADA"), and various new protections for employees with qualifying disabilities became the law in...

We are now less than six months from another presidential election. As much news coverage as it is generating already, rest assured, the dialogue...

What techniques can you follow to better prepare and protect your company when presented with employee leave requests and attendance issues?

The U.S. Department of Labor recently issued proposed new regulations to the groundbreaking federal legislation-the Family Medical Leave Act of 1993 (FMLA)-that, if and...

The Fair Labor Standards Act (the "Act") is a complex set of rules and regulations that govern overtime for most businesses in the country....

The numbers are staggering. In 1960, there were fewer than one million undocumented immigrants, but most experts now estimate that there are at least...

A recent Texas Supreme Court case (Hernandez v. UPS Supply Chain Solutions, Inc.) ruled that an employer that changed its mind and withdrew a...

Lilly Ledbetter worked for the Goodyear Tire and Rubber Co. for 19 years. She retired in 1998, and soon thereafter, Ledbetter got an anonymous...

Here's a news flash, people occasionally engage in behavior at work that is unprofessional, unproductive, malicious, or even worse. While there are certainly examples...

Your supervisor reports that an employee isn't working out and should be discharged from employment. Upon further questioning, you learn the person is frequently...