Ranked 1 of 5 Top Litigation Firms in Texas By Chambers
Lynn Pinker Cox & Hurst is proud to announce it has been recognized as one of five commercial litigation firms in Texas ranked Band 1 by Chambers and Partners for 2018.
Lynn Pinker Cox & Hurst is proud to announce it has been recognized as one of five commercial litigation firms in Texas ranked Band 1 by Chambers and Partners for 2018.
A raid in Los Angeles discovered counterfeit cosmetics made with animal waste, and Healthline is making the public think twice about where consumers should buy makeup. LPCH partner, Chris Schwegmann, warns people to be suspicious of great bargains when it comes to purchasing makeup by saying, "Usually, the price is the best tipoff that the goods are counterfeit. If the price looks too good to be true, it is usually a sign that you are buying counterfeit goods, especially if you see these products on a website like Amazon or eBay."
Congratulations to seven Lynn Pinker Cox & Hurst attorneys on their recent recognition as 2018 D Magazine Best Lawyers: A. Shonn Brown, Jonathan R. Childers, David Coale, Trey Cox, Michael K. Hurst, Mike Lynn, and Eric Pinker.
On April 20th, the Dallas Bar Association observed a "Day of Civility in the Law" with the intent to encourage attorneys to reaffirm the Texas Lawyer's Creed saying lawyers should always conduct themselves with the utmost courtesy and professionalism toward judges, adversaries, colleagues and everyone in the legal profession.
DBA President and LPCH partner, Michael K. Hurst, is making a large and positive impact on the Dallas legal community and the community-at-large. Some of the initiatives Michael is focusing on during his term as DBA President include a Pro Bono Endowment, WE LEAD program, Statewide Day of Civility & Professionalism, Diversity Summit, Second Chair Program, and a Save the Civil Jury Trial Program.
LPCH partner, David Coale, is one of five attorneys featured in Law360's article, "Atty Bloggers Find Niche Tracking Federal Appeals Courts." The article talks about a "minuscule but committed group" of attorneys who blog about federal appeals courts. These niche blogs highlight the attorney's skills and shine a light on an important, attention-seeking court.
Technological advances in the energy industry have led to the protection of proprietary business information. Midstream businesses are seeing areas, such as analytics, mergers and acquisitions, joint ventures and operations data, where protecting trade secrets are vital to the company. In a bylined article in Midstream Business magazine, the firm’s Jonathan Childers offers his perspective on why trade secrets are becoming a mainstream issue. “Midstream businesses should address trade secrets proactively so they can be best situated to protect and enforce them,” says Childers.
As the value of a business has increasingly become a reflection of the value of the company's ideas, understanding trade secret law has become essential. At the same time, the field of trade secrets is less developed than patent , copyright, or trademark law. While some treatises discuss trade secret law broadly, Texas Trade Secret Litigation is perhaps the first to do so from a trial-lawyer's perspective.
Former adult-film star Stormy Daniels has filed a lawsuit against President Trump over the nondisclosure agreement she signed to remain quiet on her alleged 2006 affair with him. The lawsuit says Trump never signed the agreement and claims the document is invalid.
Lynn Pinker Cox & Hurst celebrated 25 years at the Nasher Sculpture Center on Friday, March 2, 2018. Unlike the woes of uncertainty many twenty-somethings feel when contemplating what the hell they are doing with the rest of their lives, firm founder Mike Lynn has never felt better about his litigation boutique’s future.
The primary elections have 31 different races on the ballot for the regional appellate courts, the Texas Supreme Court and the Texas Court of Criminal Appeals. LPCH partner, David Coale, comments on whether or not the Dallas Appeals Court is ready for a shakeup.
Parents in Frisco ISD are on edge after learning that a student disciplined for writing a school threat on a middle school bathroom may return to campus this year. They are demanding more transparency, but schools can’t release information due to privacy laws. The firm’s Shonn Brown explained to the Dallas Morning News that the lack of information can be frustrating, but schools must deal with privacy laws and a student’s right to an education.
LPCH partner, David Coale, recently wrote an article, "Flying Pig Spotted: Fifth Circuit Grants Mandamus Relief in Privilege Dispute," in Texas Lawbook covering writs of mandamus in the federal pretrial litigation. While the U.S. Court of Appeals for the Fifth Circuit is famously reluctant to grant a mandamus petition, it did so last month as to a finding of an extensive waiver of attorney-client privilege in a case called In re: Itron.
The Dallas Bar Association, Dallas Women’s Foundation, and the Dallas Women Lawyers Association have created DBA WE LEAD: Women Empowered to Lead in the Legal Profession. DBA President and LPCH Partner, Michael K. Hurst, created the one-year program to empower women as leaders in law and address challenges they face in practice.
Together with former LPCH intern Travis Jones, now a JAG officer in the Navy, partner David Coale co-authored "Death and Human Frailty: Why Juror Perceptions Should Shape Capital Punishment Policy" in the American Journal of Trial Advocacy. The article explains how the Sixth Amendment guarantee of a fair trial is difficult to protect in capital cases, in light of social science research about how jurors perceive attorneys’ presentation styles, appearances, and genders. The article concludes that serious policy analysis about capital punishment must take these matters into consideration.
Michael K. Hurst, David Coale, and Chisara Ezie-Boncoeur currently represent J. Kyle Bass, a hedge fund manager at Hayman Capital Management. Bass and Hayman are accused of improperly profiting from an alleged systematic false information campaign about a Grapevine residential lender, United Development Funding (UDF). The most detailed filing to date was recently released and demonstrates that the information Bass published was true and that Bass and his firm, Hayman, were ethically obliged to publish it.
“Once Hayman learned the financial irregularities of the plaintiffs and their potentially fraudulent conduct, Hayman believed that it had an obligation to share the conclusions it derived from the UDF related research,” Bass said in an affidavit provided in support of a motion to dismiss the suit under the Texas anti-SLAPP statute. In Bass’s affidavit, he disclosed new information related to his hedge fund’s role in alerting both the SEC and the FBI about UDF’s alleged shady financial activity.
David Coale was recently interviewed by Fox 4 news regarding the release of the disputed FBI memo in the Russia investigation. The public's reaction to the memo is along party lines. David Coale says, "There is a political cost from simply disclosing it. When the legislative oversight branch goes beyond a dialogue with the intelligence agencies and begins speaking to the outside world, that is a change, and it is going to influence how they get along with the agencies that they have oversight of and how willing those agencies will be to cooperate."
LPCH Partner, David Coale has been named Texas Lawyer's "Appellate Lawyer of the Week" for his recent win in Medina v. Michelin North America for reviving a hard-fought products liability case the Arizona plaintiff attorneys filed against the major tire maker in a Dallas state court.
Before President Trump delivered his first State of the Union address on Tuesday night, LPCH’s David Coale spoke to KDFW FOX 4 News reporter Shaun Rabb about what he expected to hear. “He has a number of things he is very proud about that he tweets about - the stock market is roaring, unemployment is at a low level. He’s had a very strong record in a year in office with judicial appointments, and I think we will be hearing about that.”
Lynn Pinker Cox & Hurst, LLP is pleased to announce that Sam Hardy, Chris Patton, and Joshua Sandler have been named partners with the firm. Sam Hardy is a creative and aggressive litigator with substantial federal, state, and arbitration trial experience, Chris Patton is known for his dedicated work on behalf of a diverse set of clients, and Josh is an experienced trial lawyer who consistently obtains outstanding results for clients. The firm welcomes them to the partnership.
On January 23rd, Michael K. Hurst, a partner at Lynn Pinker Cox & Hurst, was featured in Texas Lawbook's article, "DVAP Endowment Ensures the Future of Access to Justice in Dallas," which discusses Michael Hurst and the Dallas Bar Associations' 2018 plans for the DVAP Endowment.
Michael Hurst is the 109th President of the DBA. One of Michael's main priorities is the creation of the DVAP Endowment, which provides long term security for access to justice through the Dallas Volunteer Attorney Program, which oversees recruiting, training and supporting volunteer attorneys to provide pro bono legal aid to low-income people in Dallas County. The idea was sparked when Michael heard about the threats to funding for civil legal aid in the Country and State, as well as changing demographics that will likely impact DVAP’s traditional donor base.
Nearly $500,000 has already been raised. Contributors include Michael and Jane Hurst, Lynn Pinker Cox & Hurst, Hunt Consolidated, AT&T, Vistra Energy, TXU Energy, Luminant, Highland Capital Management, the Dallas Bar Foundation and others.
LPCH founding partner, Mike Lynn, authors an article that covers trial preparation techniques in an unfamiliar, small town. Mike shares his personal techniques like reading the local newspaper of the small town daily to be in the know, attending local community events to grasp the culture, visiting the local barber shop to hear the inside scoop, and reading sermons of the largest churches because "sin is described in each town a bit differently."
Lynn Pinker Cox & Hurst is pleased to announce they have been shortlisted as the Litigation Firm of the Year in Texas by Benchmark Litigation. Click here to view the full list. LPCH has been recognized in past years for the following firm awards.
LPCH Partners Britta Stanton and Joshua Sandler were invited to speak at the 41st Annual Page Keeton Civil Litigation Conference in Austin, Texas on November 2nd and 3rd.
LPCH attorneys Alan Dabdoub, Shonn Brown and Pat Disbennett recently obtained a temporary restraining order and an agreed permanent injunction for their client Pediatric Home Healthcare, LLC (PHH) in a trade secrets case. They successfully enforced PHH’s non-compete and confidentiality agreements against a former high-level employee and a PHH competitor.
Dallas County Health Director Zachary Thompson was fired Jan. 3 from his job amid allegations by an unnamed county employee of sexual harassment and retaliation. The move came just weeks before Mr. Thompson's planned retirement. The firm's Shonn Brown spoke with KXAS NBC 5, about what the quick nature of the firing means.
On January 20, 2018, Michael K. Hurst will lead the Dallas Bar Association into its 145th year as its President.
“I have a habit of writing down words to describe people when I first meet them,” said Mike Lynn, of Lynn Pinker Cox & Hurst, LLP. “For Michael, I wrote that he is ‘bright, deferential, trustworthy, supportive, and ambitious. I like him.’ Not a bad description of my partner who sincerely cares about lawyers, the practice of law, and our profession."
LPCH partner Alan Dabdoub will be a featured speaker at a webinar on January 11, 2018, that discusses the latest trends in prosecuting and defending trade secret misappropriation claims. The webinar is entitled “Trade Secrets in the 2018 Landscape: What’s In and What’s Out” and will discuss the following topics.
LPCH partner Michael K. Hurst was recently awarded the "Award of Excellence" by the Dallas Association of Young Lawyers (DAYL) Foundation. This award is given annually to a fellow of the DAYL Foundation who demonstrates a commitment to community service. Michael Hurst continually exceeds expectations inside and outside of the courtroom and always strives to better the community.
Lynn Pinker Cox & Hurst partner Michael K. Hurst recently commented in the Dallas Business Journal's article, "UDF Sues Kyle Bass’ Hedge Fund Amid Flurry of Active Investigations" which covers the heated two-year feud between United Development Funding and Kyle Bass, Dallas hedge fund manager. Michael K. Hurst and Jeremy Fielding of LPCH are defending Bass and Hayman Capital in the lawsuit.
Texas Supreme Court Justice Don Willett and former state Solicitor General James Ho were grilled by Democrats on the Senate Judiciary Committee in a joint confirmation hearing regarding Twitter posts. Willett posted that he would discriminate against transgender and gay people if he were confirmed to the New Orleans-based 5th U.S. Circuit Court of Appeals.
Dallas Cowboys running back Ezekiel Elliott lost his chance to avoid the NFL’s six-game suspension after the 2nd U.S. Circuit Court of Appeals in New York denied his motion for an emergency injunction, which means Elliott’s suspension is back on. His lawyers argued to the court that missing the six games will have irreparable harm. The firm’s David Coale tells CBS 11 the decision is consistent with past rulings. “I wasn’t surprised to see the Second Circuit issue a ruling that is consistent with enforcing arbitration – that court in New York City – they do a lot of arbitration, they honor and enforce those awards a lot.”
Lynn Pinker Cox & Hurst is proud to announce that it, and co-counsel Yetter Coleman and Roger Bellows of the Bellows Law Firm, obtained summary judgment in favor of their client, Energy Transfer, against several claims brought by Swift Energy.
Lynn Pinker Cox & Hurst is proud to announce it has been recognized by Benchmark Litigation, Best Lawyers, Chambers and Partners, and Super Lawyers, among others, for their accomplishments in 2017. Most notably, the firm has been recognized as one of four litigation firms in Texas ranked Band 1 by Chambers & Partners.
President Trump’s former campaign chairman Paul Manafort and former campaign official Rick Gates have been indicted on 12 counts related to tax fraud, money laundering and the attempted interference in the 2016 presidential election by Russian interests. Manafort and Gates turned themselves into the FBI, pleading not guilty to the charges. All of this while news of a former campaign adviser, who is now cooperating with investigators, admitted to lying about his Russian contacts. The firm’s David Coale explains why the recent events are a big deal.
LPCH partner, Jonathan Childers, was recently featured in Southern Methodist University's Inside Dedman College Newsletter in the fall 2017 issue. Childers completed a Q&A focusing on "How Dedman College Helped Shape Attorney Jonathan R. Childers' Career." In the article, Childers gives advice such as "live deliberately" and speaks to how SMU undergrad prepared him for law school.
LPCH partner, David Coale, comments in Texas Lawyer's article, "From Internet Sensation to Silence: Why Has Texas Supreme Court Justice Don Willett Stopped Tweeting?" The article discusses Willett's sudden change in Twitter use, with no tweets since September 28th. Usually, Willett's popular, widely-known profile is updated with lighthearted and humorous tweets with intent to educate the public about the judiciary. David Coale, who follows Willett on Twitter, is doubtful his Twitter will be the same should he join the Fifth Circuit and also expresses that he misses the justice's tweets. Coale asks, "I wonder how the wee Willetts are doing? I hope they are doing well."
Read the entire article here.
On October 22, LPCH attorney, Jervonne Newsome, was sworn in as Corresponding Secretary for the JL Turner Legal Association at the Annual Scholarships and Awards Gala. The event also celebrated the 65th anniversary of the JL Turner Legal Association. District Attorney, Faith Johnson, conducted the ceremony and welcomed Jervonne into her new role.
LPCH partner, Shonn Brown, co-chaired the 2017 Dallas Women's Foundation Luncheon at Chantilly Ballroom filled with 1,400 of North Texas' business and community leaders. Dr. Hope Jahren, NY Times best-selling author and award-winning scientist, spoke at the event to celebrate the triumphs and acknowledge the obstacles that women face in leadership.
On October 1, twenty LPCH colleagues and friends completed the Tough Mudder challenge in Arlington, Texas. The Tough Mudder consisted of an 11-mile obstacle course designed by British Special Forces to challenge the toughest of the tough. LPCH participates in the "mud run" annually to build teamwork, spark competition, and reach personal goals.
LPCH partner, David Coale, gave the "Commercial Law Update" at the Fifth Circuit Bar Association Annual Meeting in New Orleans, Louisiana where he spoke on recent Fifth Circuit opinions in areas of broad general interest for civil litigation, including pleading requirements, summary judgment standards, and writs of mandamus.
LPCH Partner, Britta Stanton, writes, "Who's Your Client? The Business or the Executive?" in the October issue of the DBA Headnotes, which clarifies any confusion on whether lawyers represent the executive or the company. Stanton offers tips on future practice, including, "When you are in doubt, be clear you do not represent the client. Give a good Upjohn warning."
Lynn Pinker Cox & Hurst is proud to announce that Benchmark Litigation has recognized nine LPCH attorneys as 2018 Litigation Stars and Litigation Future Stars. Trey Cox, Jeremy Fielding, Michael K. Hurst, Mike Lynn, and Eric Pinker are recognized as Litigation Stars, and Chris Akin, David Coale, Chris Schwegmann, and Britta Stanton are recognized as Future Litigation Stars.
In addition, Mike Lynn has been chosen as a National Litigation Star and earned a spot on Benchmark Litigation's 2018 Top 100 Trial Lawyers list.
This Thursday, President Trump announced that he has nominated Texas Supreme Court Justice Don Willett and Dallas appellate law expert James Ho to the U.S. Court of Appeals for the Fifth Circuit.
LPCH Partner, A. Shonn Brown, has been selected as a "Dallas Top 50 Women Lawyers Award" recipient by the Texas Diversity Council. The Texas Diversity Council (TXDC) is a non-profit organization committed to fostering a learning environment for organizations to grow in their knowledge of diversity. The TXDC is a great opportunity for organizations to learn from some of the top corporate leaders in the area of diversity.
Click here to learn more about the Texas Diversity Council and all of the incredible women selected this year.
On September 29th, Eric Pinker accepted the Patriot ESGR Employer Support Award on behalf of Lynn Pinker Cox & Hurst for the firm's continual support of Ben Barnes' government service. Ben Barnes is an attorney at Lynn Pinker Cox & Hurst who has been an officer in the United States Marine Corps Reserve since 2010. The firm proudly supports Ben Barnes and his dedicated service to the United States.
LPCH partner, David Coale, speaks in a podcast on Overcast on the constitutional clash between FEMA and churches helping with disaster recovery after Hurricane Harvey. FEMA provides financial aid to non-profits who help in disaster relief provided that they meet certain criteria. However, churches cannot access funds because houses of worship are excluded from disaster relief grants.
David Coale, partner at Lynn Pinker Cox & Hurst, comments in Law360's article, "5th Circuit Allows Part of TX Sanctuary Ban to Take Effect," which discusses Texas' anti-sanctuary city law, a federal immigrant detainer program that enlists the assistance of local law enforcement.
LPCH partner, Michael K. Hurst, presented “Trial Techniques for Paralegal and Trial Teams” for the paralegals with the North Texas Paralegals Association. Mr. Hurst demonstrated how trying lawsuits is a “team sport” and why paralegals are integral to success in trial. The event was held on September 21, 2017, at the Belo Mansion in Dallas, Texas.
LPCH attorney, David Coale, comments on the JPMorgan Chase Bank NA v. Orca Assets GP LLC case in the article, "5 Texas Supreme Court Cases to Watch." The case disputes the sale of oil and gas rights to two different parties and raises the "direct contradiction rule" which says that written contractual language can be held to negate an earlier representation if the subsequent statement directly contradicts it.
Three small churches damaged by Hurricane Harvey have sued the FEMA in federal court over the agency’s policies that deny religious organizations the right to seek disaster relief funding to support community services. The lawsuit focuses its claims on a recent U.S. Supreme Court ruling that prohibited government discrimination against a Missouri church that had applied for funding for playground equipment. Nonprofits that have sustained damage from Harvey have a 30-day window to apply for emergency grants, but not all such groups are treated equally, the churches claim.
The firm congratulates ten partners on their recent recognition as 2017 Texas Super Lawyers in the following categories: Chris Akin, Shonn Brown (Top 50 Female Texas; Top 100 DFW; Top 100 Texas), David Coale (Top 100 DFW; Top 100 Texas), Trey Cox (Top 100 DFW; Top 100 Texas), Jason Dennis, Jeremy Fielding, Michael K. Hurst (Top 100 DFW; Top 100 Texas), Mike Lynn (Top 100 DFW; Top 100 Texas), Eric Pinker (Top 100 DFW; Top 100 Texas), and Chris Schwegmann.
The U.S. Court of Appeals for the Fifth Circuit refused to intervene in the large Johnson & Johnson hip implant multidistrict litigation cases that have been consolidated in federal court in Dallas. Last Thursday, a panel rejected the J&J's petition for mandamus and also refused to stop the U.S. District Judge, Ed Kinkeade, from moving forward with trial plans. David Coale, partner at Lynn Pinker Cox & Hurst, has followed then J&J case and said it was clear from the oral argument last week that Judge Smith could be the “swing” vote.
In the course of reviewing the Fifth Circuit’s commercial cases for David Coale’s work on LPCH’s 600Camp blog, he has read many opinions about disputes arising from Hurricane Katrina cases. In light of the havoc recently created by Hurricane Harvey, he wanted to share five observations to prepare for the litigation that will inevitably result.
To read the full article, click here.
In an unusually high-profile hearing at the Fifth Circuit Court of Appeals, Judge Edith Jones and former U.S. Solicitor Kenneth Starr “openly traded multiple jabs at each other” according to an article in the Texas Lawbook. The writ of mandamus hearing in the appeal filed by Johnson & Johnson following two verdicts against the company in ongoing MDL litigation involving hip implants is an important case according to Lynn Pinker Cox & Hurst appellate attorney David Coale. “There are thousands of plaintiffs and billions of dollars at stake. The future of Johnson & Johnson is at stake,” says Coale. In the article Mr. Coale notes that two of the judges on the three-judge panel may be more likely to grant the writ due to the number of cases filed in the litigation – some 9,300.
David Coale, partner at LPCH, publishes the firm's popular appellate law blogs 600Camp and 600Commerce. He shares some of his tips for productive legal blogging in his recent Law360 article, "5 Tips For A Successful Legal Blog."
The National Board of Trial Advocacy (NBTA) is pleased to announce that Eric Pinker of the law firm, Lynn Pinker Cox & Hurst LLP, has successfully achieved recertification as a civil trial advocate. Mr. Pinker has been a NBTA member is good standing for ten years. The NBTA was formed out of a strong conviction that both the law profession and its clients would benefit from an organization designed specifically to create an objective set of standards illustrating an attorney's experience and expertise in the practice of trial law.
Jonathan Childers has been named Co-Chair of the 2017-2018 Equal Access to Justice Campaign benefiting the Dallas Volunteer Attorney Program (DVAP).
LPCH Partner, Elizabeth Ryan, represents Pulse Evolution Corp., a company best known for making holograms of famous musicians. The former chief financial officer of digital production company Pulse Evolution Corp. can’t bring suit in Texas alleging the company misappropriated his name after terminating him, a Texas appellate court held Friday.
Texas businesses filing for bankruptcy to either restructure or reorganize their companies increased dramatically during the first half of 2017, with more than half of those filings coming from the health care and energy sectors. In an article that appeared in publications statewide, including the Houston Chronicle, San Antonio Express-News, Laredo Morning Times and Dallas Business Journal, the firm’s Jeremy Fielding says many oil and gas industry businesses knew they needed to file for bankruptcy last year, but waited.
Lynn Pinker Cox & Hurst partner, David Coale, attended the Mississippi State Bar Meeting in Destin, Florida where he spoke on the topic, "Social Media and the Law" in the Litigation and Appellate practice sections. A highlight of the discussion was David speaking about his blog, 600camp.com, which covers commercial litigation in the U.S. Court of Appeals for the Fifth Circuit. He was joined on the panel by Texas Supreme Court Justice Don Willett.
The Texas Supreme Court recently concluded its term, and Law360 interviewed Texas appellate attorneys to find out their perspectives on the significant rulings and trends from the high court. One issue involves a State Farm Lloyds case about hailstorm claims and whether the production of electronically stored information can be used as part of discovery. The court’s decision led to the establishment of guidelines for judges to use when setting boundaries. Lynn Pinker Cox & Hurst attorney David Coale welcomes the decision, but expects the ruling to lead to more questions and filings of writs of mandamus. “A lot of mandamuses get filed that won’t succeed, and a lot of mandamuses are denied without the courts even requesting a response,” he said. “But because here, the court set out factors that it thinks are important — and clearly is leaving open future development of those factors — I think you’re going to see more responses get requested. The amount of attention paid to discovery and e-discovery disputes will be higher.”
On June 23, at the State Bar Annual Meeting in Dallas, partner David Coale participated in a reargument of the landmark case of Marbury v. Madison. He played the role of Levi Lincoln, the United States Attorney General under Thomas Jefferson.
As a Father’s Day tribute, The Texas Lawbook compiled commentaries authored by attorneys who share what they have learned from their fathers, who are also attorneys. Trey Cox of Lynn Pinker Cox & Hurst writes a thoughtful story about how his own Dad, about to celebrate his 50th anniversary practicing law, inspired him:
“Look on the log.” Document logs are a necessary, if unloved, feature of privilege disputes. A privilege log is inherently difficult to create, since it must describe the relevant documents but not reveal the privileged information in them. And because a log often lists many documents on the same subject, it can quickly become dull and repetitive. But proper preparation of a log is key to litigating about privilege, as the Fifth Circuit recently held in EEOC v. BDO Seidman LLP when it rejected the sufficiency of the defendant’s log in an employment case. No. 16-20314 (May 4, 2017). The opinion provides four practical tips for attorneys involved in privilege disputes.
Insect photographer Alexander Wild has sued Houston-based Cypress Creek Pest Control for alleged copyright infringement over the use of his photographs without permission and without paying him.
LPCH is pleased to announce the firm has been ranked in Top 100 Verdicts by The National Law Journal for three consecutive years, 2014-2016.
Lynn Pinker Cox & Hurst has been ranked by Chambers & Partners as a Band 1 law firm in General Commercial Litigation. Lynn Pinker Cox & Hurst is one of four firms to be ranked Band 1 in Texas.
President Trump’s recent actions are at the center of a debate revolving around claims he asked former FBI Director James Comey to abandon the FBI investigation into former National Security Adviser Michael Flynn, and the president’s alleged disclosure of classified information to Russian diplomats during an Oval Office meeting. Some U.S. lawmakers are calling for a Trump impeachment on grounds of obstruction of justice. But Lynn Pinker Cox & Hurst attorney David Coale tells FOX 4 News there is no real evidence to head in that direction. “There is a lot of smoke here, and the smoke in what the New York Times has reported about this memorandum that director Comey had is very dark and troubling smoke, but it’s not fire yet.”
See the rest of David Coale’s interview here.
The ACLU of Texas is suing Houston over ordinances enacted last month that are designed to further limit panhandling and camping by the city’s homeless population. The panhandling ordinance prevents people from impeding roadways, sidewalks or entryways, while the encampment ordinance bans tents and other habitation structures on public property and requires personal belongings inside a three-foot cube.
LPCH appellate attorney, David Coale, offers tips and discusses key principles for good brief writing. The podcast can be heard on the website of the Appellate Practice Committee of the ABA Section of Litigation, the May Litigation News, or by clicking here.
LPCH Partner, Liz Ryan, was invited to speak at Mayor's Star Council's Engage Dallas event on March 2, 2017. Engage Dallas is an inaugural leadership summit put on by the Mayor's Star Council who partnered with organizations in Dallas that are moving the needle of progress. Liz Ryan spoke on the topic of Community Impact through Advocacy and Public Policy on behalf of United Way of Metropolitan Dallas.
Congratulations to nine attorneys on their recent recognition as 2017 D Magazine Best Lawyers: A. Shonn Brown, Jonathan R. Childers, David Coale, Trey Cox, Jeremy Fielding, Michael K. Hurst, Mike Lynn, Eric Pinker and Chris Schwegmann.
It all started with an idea, an idea based on winning. Trial-tested experience. Unrelenting determination. We want to win.
Reading depositions at trial is tedious—and boring. A great way to avoid the ridiculous scene of lawyers asking each other questions and play-acting answers is to use videotape. But there are several rule-based, as well as practical considerations, which should guide effective use of videotape.
The Texas Attorney General’s Office has questioned the legality of a prayer room at Liberty High School in the Frisco school district. While it has been reported that a majority of Muslim students use the room on the campus, the district spokesperson says it is available to all students. Lynn Pinker Cox & Hurst constitutional law attorney David Coale tells KTVT CBS 11 that the high school may still be on legal shaky ground by making special accommodations for religious students over those who aren’t religious. View the interview here.
Congratulations to twelve Lynn Pinker Cox & Hurst attorneys on their recent recognition as 2017 Texas Rising Stars: Andrés Correa, Britta Stanton, Chris Patton, Elizabeth Ryan, Jared Eisenberg, John Guild, Jonathan R. Childers, Joshua Sandler, Nnamdi Anozie, Russell Herman, Sam Hardy and Stephen Cole.
LPCH is also proud to announce that Britta Stanton was listed as a 2017 Top 50 Up-and-Coming Women Texas Rising Stars and Jonathan R. Childers and Joshua Sandler were listed as 2017 Top 100 Up-and-Coming Texas Rising Stars.
We all know it is important for trademark holders to police their trademarks, and that is particularly true for the use of trademarks on the internet. Lawyers typically do this by sending cease and desist letters to alleged infringers. These letters are often dry and humorless and follow a standard form chock-full of legalese.
Attorneys and non-attorneys love to make fun of these overly aggressive and unreasonable cease and desist letters. Online, a well-written and funny response can go viral, bringing much unwanted attention to the trademark holder and undermining the purpose of endeavor. In trademark enforcement, holders need to ask whether sending a standard demand letter will make things worse or bring negative attention to an organization. It is usually best to consider your target and their audience.
Partner Michael K. Hurst, first time male recipient of the Louise B. Raggio Award presented by the Dallas Women Lawyers Association, comments in the "Women Leaders in Law 2017" D CEO issue on the importance of promoting women in the legal profession.
Once women lawyers take on leadership roles in a firm, those who hire them don't regret it. Last year's Dallas Women Lawyers Association's Louise B. Raggio Award, for the first time, went to a male lawyer, Michael Hurst with Lynn Pinker Cox & Hurst, LLP. He believes gender equality is the moral responsibility of all lawyers and that clients, the legal profession, and the community are served better when both women and men lawyers contribute. "Not only is it our collective moral responsibility to promote women, but it is also in the best interests of our clients and law firms," he says.
Click here to read the full article.
An 11-page memo obtained by The Associated Press outlining a Trump administration proposal to mobilize as many as 100,000 National Guard troops to round up unauthorized immigrants led Fox4 News to contact the firm’s David Coale regarding the constitutionality of such a move. “This would be a significant expansion of the military into something which is very much like domestic law enforcement,” he said. Mr. Coale noted a federal law signed in 1878 prohibits the government from using the military to engage in such domestic actions. Consideration of the proposal was later denied by the White House, Pentagon and the Department of Homeland Security. To view the Fox4 report, click here.
The Competition Formerly Known as Howie & Sweeney Moot Court Competition to be Renamed
DALLAS – Lynn Pinker Cox & Hurst is proud to support SMU Dedman School of Law’s prestigious moot court competition. Formerly known as the Howie & Sweeney Moot Court Competition, the competition will be renamed the Lynn Pinker Cox & Hurst Moot Court Competition.
When Mike Lynn turned 40, he seemingly had everything going his way. He was a partner in the litigation section at Akin Gump, a prestigious law firm that was home to Robert Strauss, Vernon Jordan, Jack Hauer and Alan Feld.
Despite the success, Lynn told his mentor, Jim Coleman, that he wanted to be in court more often and that he was growing tired of Big Law. Coleman suggested he quit and start his own law firm.
“That’s a bit drastic, don’t you think?” Lynn responded.
Even so, he decided to take the enormous risk. More than two and a half decades later, Lynn has one of the most successful litigation boutiques in Texas. The firm has nearly 30 lawyers and has been hired by some of the largest corporations on earth to handle their trial work, including ExxonMobil, Alcatel, Visa and Southwest Airlines.
On any day there are around 2,500 construction workers along Texas highways, but fatal accidents in construction zones are rare. The Houston Chronicle reported on one such incident that points out deficiencies in how state officials check and maintain records, and may fail to hold contractors responsible for improper workers compensation insurance filings. Plans are underway to toughen the terms in state contracts, which Lynn Pinker Cox & Hurst partner Shonn Brown notes in the article is long overdue. "Construction is a really fluid process, and we would love for there to be more documentation. But the reality is, it is something hardly anyone pays attention to, as long as the job gets done on time and there is no issue and no one gets hurt." Read the entire article here.
Individuals and interest groups across the nation are pressuring Electoral College delegates to change their pledged votes for Donald Trump and deny him the 270 electoral votes needed to become president. One Texas delegate pledged to Trump has already indicated he will change his vote, becoming a so-called “Hamilton Elector,” named after founding father Alexander Hamilton. “In some ways it’s a conversation across the centuries and what he (Hamilton) had in mind,” says Lynn Pinker Cox & Hurst partner David Coale in an interview with Fox4 News. “The constitution is set up to have that one additional place in the process to have their voices heard.” At least 37 Republican electors would need to change their vote to throw the election into the House of Representatives. View the full report here.
A Dallas restaurant’s dress code that prohibits serving customers with visible neck or face tattoos is drawing complaints, but Lynn Pinker Cox & Hurst partner Britta Stanton says the business is likely well within its rights. In an interview with CBS 11 News, Stanton says people with tattoos aren’t considered a “protected class” under the U.S. anti-discrimination law, and restaurants and bars are free to apply any dress code they would like. Restaurant must enforce the dress code evenly to all races or other protected classes. “The line can be very gray as to when it gets discriminatory,” she says. “It’s easy to hide behind a dress code to unfairly target someone. And so the Department of Justice takes that seriously.” But many establishments have dress codes, and they seldom are discriminatory or cause a problem. In the report an attorney for the restaurant, Little Woodrow’s, said the policy is not a ban on ink, but the business would just prefer not to serve clients with neck or face tattoos. View the full report here.
(Dec. 1) – Highland Capital Management General Counsel Scott Ellington said he is “pleased” with the settlement that was signed yesterday afternoon between the Dallas hedge fund’s Cornerstone Healthcare Group, private equity firm Nautic Partners, and a consortium of defendants the Texas hospital chain has spent the last nine weeks in trial against.
Jurors sitting in the trial, which was underway in State District Judge Martin Hoffman’s court in Dallas, were slated to hear closing arguments Tuesday when the parties began settlement talks instead.
David's Law, one of the first pieces of legislation filed for the 2017 state legislative session, aims to prevent and combat cyberbullying by giving school districts and law enforcement more authority in handling these cases. In a bylined article published in Texas Lawyer, Lynn Pinker Cox & Hurst partner Shonn Brown notes that existing Texas laws provide protections against such acts, but those laws often have not provided specific interventions to prevent targeting another person through technology. “Schools need direction on discreetly managing these events before bullying becomes a criminal act, and the permanent ramifications that come with criminal charges,” she writes. “In an effort to keep up with the digital evolution, schools need policies that are proactive instead of reactive, finding the balance between the victim's rights and protection of freedom of speech.” Read the entire article here.
The petitions for voter recounts in three key Midwestern states raise the prospects of a significant change in the presidential election outcome. But in an interview with Fox4 News, Lynn Pinker Cox & Hurst partner David Coale notes the difficulty of finding enough irregularities given the announced returns. “To really affect the outcome of the election, Wisconsin, Michigan and Pennsylvania would all need to flip, so you’d really need to run the table,” Coale said. Despite the difficulties, he notes that any effort that confirms the integrity of the electoral system and helps erase concerns may make the recount a worthwhile exercise.
PECOS - Two Midland based oil companies and Dallas-based J. Cleo Thompson intentionally failed to meet their end of a decade-old agreement with Dallas oil mogul T. Boone Pickens to acquire and drill more than 160 oil wells in Reeves and Pecos counties, a West Texas jury ruled Wednesday. After about three hours of deliberation over two days, the Reeves County jury of five women and seven men awarded Pickens' Mesa Petroleum Partners up to $146 million in damages against the three defendants combined.
Law360, New York (November 28, 2016, 4:44 PM EST) -- The U.S. Supreme Court declined Monday to hear an attempt by travel agents and consumers contesting American Airlines' acquisition of US Airways to force a former Southwest Airlines CEO to give a deposition in the case.
Lynn Pinker Cox & Hurst is proud to announce it has been recognized by Benchmark Litigation, Best Lawyers, Super Lawyers and among others for their accomplishments in 2016. The firm has been recognized as one of the "Top 10 Litigation Boutiques in America" and as a "Highly Recommended Firm in Texas" by Benchmark Litigation. Lynn Pinker Cox & Hurst has also been recognized as a "Tier 1 Best Law Firms" by Best Lawyers.
LPCH Partner Britta Stanton was invited to speak at the 40th Annual Page Keeton Civil Litigation Conference in Austin, Texas on October 27th and 28th. The program provided updates and analysis of important developments in civil litigation practice, with substantive coverage of practice tips, advocacy strategies, and important trends. Britta spoke on the topic of demostrative evidence in her session, "Using Demonstratives to Make Your Case."
Manufacturers of high-end consumer products are increasingly taking legal action against retailers selling counterfeit goods. Coach, the 75-year-old maker of luxury leather handbags, wallets and belts, recently sued a Houston store and its owners for allegedly making and selling fake products using the Coach logos and designs in violation of the company’s trademark. The Houston Chronicle interviewed Lynn Pinker Cox & Hurst partner Chris Schwegmann about this trend, who noted that luxury brands are going out of their way to prosecute these cases because they want to get the fakes off the street, protect the integrity of their brand, and discourage other retailers from selling counterfeit merchandise. He observed that federal custom officials also have ramped up efforts to find and seize counterfeit products. Read the entire article here.
Marathon Petroleum is suing BP over claims the energy company left its Texas City refinery in poor condition when it sold for $2.4 billion four years ago. The lawsuit alleges BP failed to “perform critical maintenance and repair work” and didn’t leave the refinery in compliance with environmental and federal regulations. In an interview with the Houston Chronicle, Lynn Pinker Cox & Hurst partner David Coale calls the timing of the lawsuit noteworthy because of the statute of limitations that expires early next year. “There's a lot of money involved, so this isn't incredibly unusual," said Coale, who is not involved in the case. "It's a dangerous business and a heavily regulated business. Environmental regulations are complicated and reasonable minds can disagree.” Read the entire article here.
Lynn Pinker Cox & Hurst is proud to announce it has been recognized as one of the Top 10 Litigation Boutiques by Benchmark Litigation. LPCH congratulates the following attorneys on being recognized as 2017 Litigation Stars – Mike Lynn, Eric Pinker, Trey Cox, Michael K. Hurst and Jeremy Fielding, and the following attorneys for being recognized as 2017 Litigation Future Stars – Chris Akin, David Coale, Chris Schwegmann and Britta Stanton. Founding partner, Mike Lynn has been named a 2017 Top 100 Trial Lawyer by Benchmark Litigation.
Southern Methodist University invited Lynn Pinker Cox & Hurst partner, and former national college debate champion, David Coale to speak at the inaugural Podius Debate on September 29, 2016. Podius, the largest funder of debate programs in America, has begun a nationwide series of public debates to show that controversial issues can be argued in a professional and respectful way. The topic was: Affirmative Action; Policies Harm Those They Intend to Help. A video of the entire debate will be available soon on the Podius website.
Lawyers for Southwest and Delta airlines were peppered with questions Monday by a panel of three federal judges in Houston in the ongoing dispute over who has the right to use the limited airport gate space at Dallas Love Field.
The hearing didn't result in an immediate ruling, but Southwest did walk away with some positive momentum after losing the last round of the legal battle in January. That's when a federal district court judge sided with Delta in allowing the Atlanta-based airline to continue operating out of the city-owned airport while the case is litigated.
Southwest appealed that January ruling to the Fifth Circuit Court of Appeals, arguing that Delta does not have standing to sue for access at Love Field because it's not party to any of the gate leases signed after the 2006 Wright Amendment Reform Act that lifted restrictions on flights out of the airport.
Congratulations to nine Lynn Pinker Cox & Hurst partners on their recent recognition as 2016 Texas Super Lawyers: Mike Lynn, Eric Pinker, Trey Cox, Michael K. Hurst, Chris Akin, A. Shonn Brown, David Coale, Jason Dennis, and Chris Schwegmann.
Litigation in the Texas energy sector has increased substantially as a result of the drop in oil prices. Cases related to unconventional oil and gas litigation in Texas have risen approximately 180 percent since 2014. Many producers that expanded operations in previous years while enjoying easy access to capital now struggle to carry holdings that were never intended to withstand a lower-price environment. As prices plunged, producers sought to manage liability and risk. Texas lawyers assisted by advising clients faced with inevitable disputes involving contractors, insurers, lenders, partners, and employees. Trends in Texas oil and gas litigation reflect a market reality where all participants are forced to embrace “lower for longer” pricing.
Congratulations to Mike Lynn, David Coale, Trey Cox, and Michael K. Hurst for their inclusion in the 23rd edition of The Best Lawyers in America©.
Lynn Pinker Cox & Hurst is proud to announce that it recently secured a crucial win on appeal for its client Mannatech, Inc. In argument before the Federal Circuit, LPCH successfully defended the trial court’s judgment of infringement against Wellness Quest, LLC and Harley Reginald McDaniel on two of Mannatech’s patents securing its proprietary dietary supplements.
A pre-trial review of a juror’s social media posts and habits can reveal bias against certain issues, inconsistencies in testimony or even a violation of court rules against discussing a case. Late last week a judge in a California federal case ruled that attorneys could search social media pages, but only after advance notice. In a live interview on KLIF radio, Lynn Pinker Cox & Hurst partner Britta Stanton pointed out that courts take different views about allowing the practice. “Just as most anyone can look at what you post publicly on social media, when you’re called to report for jury duty the lawyers asking you questions might be researching your online persona,” she says. “If you’re concerned about that possibility you should consider changing your privacy settings before showing up at the courthouse.” To hear a report on the interview, click here.
Click here to read Lindsay Stafford Mader's interview with Lynn Pinker Cox & Hurst, LLP partner Mike Lynn in this month's issue of the Texas Bar Journal: "A Dallas attorney's 700-mile hike pushes his body and frees his mind".
Lynn Pinker Cox Hurst, LLP congratulates partner Jonathan R. Childers on being recognized as one of the Texas Lawyer 2016 Lawyers on the Rise. Texas Lawyer selected 20 honorees from over 100 nominations of attorneys under 40 for this year's award. Winners have demonstrated that they are top contributors to the practice of law and their communities. Click here to view the complete list.
Lynn Pinker Cox & Hurst, LLP, granted the 2016 Judge Barefoot Sanders Law Magnet scholarship to two high school seniors. The Judge Barefoot Sanders Law Magnet was established in 1977 with a mission to prepare students for careers in law, government and law enforcement. Recipients must plan to enroll in full-time undergraduate study at an accredited two-year or four-year college or university for the upcoming academic year, have a minimum grade point average of 3.3, and demonstrate outstanding leadership potential and an intent to pursue a career in the legal field. The Law Magnet itself has received the Texas Education Agency's "Exemplary” rating for each of the past four years, and was nominated as a High Performing National Blue Ribbon School by the U.S. Department of Education.
Lynn Pinker Cox Hurst, LLP congratulates partner A. Shonn Brown on being recognized as one of the Dallas Business Journal's 2016 Women in Business honorees. Of 299 submissions for this year's awards, DBJ's judges, who represent a vast array of experiences and are all alums of the program, selected 24 Women in Business honorees. Click here to view the complete list. Click here to watch the interview.
Lynn Pinker Cox & Hurst partner David Coale recently participated as a panelist at the Dallas Association of Young Lawyer’s Trial Skills Boot Camp.
The United Way of Metropolitan Dallas celebrated the success of its 2015-2016 campaign last week by honoring its dedicated volunteers and supporters. Lynn Pinker Cox & Hurst partner Liz Ryan received the Emerging Leader Award for her work on the Women of Tocqueville Steering Committee and the United Way Advocacy Committee, as well as for inspiring others to give, advocate, and volunteer.
Lynn Pinker Cox & Hurst associate Jervonne Newsome recently joined judges, clerks, and the legal community at the 8th Circuit Judicial Conference in Rogers, Arkansas, to discuss clerking and collaborative models for creating inclusive opportunities. Newsome offered solutions to issues of race and gender inequality within the legal sphere.
The Best Lawyers in America© recognized Lynn Pinker Cox & Hurst as one of the "2016 Best Law Firms" in the category of Commercial Litigation - Texas. Partners David Coale, Trex Cox, Michael K. Hurst, Mike Lynn, and Eric Pinker have been individually recognized in the following categories;
Click here to view the complete publication.
Chambers and Partners has published its 2016 Chambers USA Guide of America's Leading Lawyers for Business. Lynn Pinker Cox & Hurst has been awarded a Band 2 firm ranking in the category of Litigation: General Commercial - Texas. Partners Trey Cox, Mike Lynn, and Eric Pinker have been individually recognized in the Litigation - Texas practice area. Click here to view the complete guide.
We are pleased to be included in The National Law Journal’s Top 100 Verdicts 2015 for L.W. Hunt Resources et al. v. Thunderbird Oil & Gas et. al. Our clients, L.W. Hunt Resources and Richard Raughton, pursued claims for breach of fiduciary duty and fraud regarding an oil and gas business relationship, showing defendants self-dealt, cut their partners out of a deal, and stole the opportunity for themselves.
Congratulations to nine Lynn Pinker Cox & Hurst attorneys on their recent recognition as 2016 D Magazine Best Lawyers: A. Shonn Brown, David Coale, Trey Cox, Alan Dabdoub, Jeremy Fielding, Michael K. Hurst, Mike Lynn, Eric Pinker, and Chris Schwegmann.
The Fifth Circuit recently reversed the dismissal on the pleadings of a products liability claim, noting the difficulties faced by plaintiffs who lack access to critical information in the defendants’ files. At least one other recent opinion voiced a similar concern in a Sarbanes-Oxley case.
On behalf of the firm, we would like to thank each and every one of you for your support and friendship. With your help, we have accomplished many amazing things over the last 20 years. The highlights include Texas Trial Firm of the Year, a $535 million judgment, and winning The National Law Journal’s Defense Win of the Year (twice, which we believe has been done only by our firm).
A federal appeals court reinstated a million-dollar jury verdict for a severely disabled Keller Independent School District student who had been abused by a former special education teacher.
While some firms have taken a hit recently from a litigation slowdown in core practice areas and an overall drop in civil filings over the last year, there are nevertheless several industries bucking that trend.
Congratulations to nine Lynn Pinker Cox & Hurst attorneys on their recent recognition as 2016 Texas Rising Stars: Jonathan R. Childers, Stephen Cole, Andrés Correa, Sam Hardy, Kent Krabill, Chris Patton, Elizabeth Ryan, Joshua Sandler and Britta Stanton.
Impeaching a witness effectively is the best real life equivalent to your own Perry Mason or “You can’t handle the truth” moment for a trial lawyer. It kills the witness’s credibility and bolsters your own. But, if you do it wrong, it kills your credibility. So, how do you do it right?
NEW ORLEANS (Legal Newsline) — The U.S. Court of Appeals for the Fifth Circuit recently determined that an employee’s discrimination lawsuit should stay in federal court because the employment arbitration agreement didn’t give advance notice of changes, making it unenforceable.
Congratulations to Elizabeth Ryan, the newest partner at Lynn Pinker Cox & Hurst. Liz has been an associate with LPCH for the past seven years and has acheived multiple trial victories in both state and federal court, including a record-setting multimillion dollar Internet defamation verdict.
Joshua M. Sandler spoke to the North Dallas Bar Association about the business implications of negative social media and the applicability of the Anti-SLAPP (strategic lawsuits against public participation) statute. “This is a topic that has many businesses interested on how the rules have changed regarding how a business can respond to negative communications made by their competitors, patrons, and employees,” Sandler stated during the presentation.
With the addition of partner Michael K. Hurst, Dallas-based civil litigation boutique, Lynn Pinker & Cox, is now Lynn Pinker Cox & Hurst. The firm also welcomes A. Shonn Brown and Jonathan Childers as partners, John Guild as senior counsel, and Joshua Sandler, Michael Kalis and Christina Mullen as associates.
“By adding Michael, Shonn, Jonathan and their team to the already considerable talent here, we truly have the finest and most experienced stable of young trial talent in the city and perhaps even the state. We are ready to take on the world,” said Lynn.
On February 4th, 2016, LPCH partner Shonn Brown received the SMU Dedman School of Law Distinguished Alumni, Emerging Leader Award. Shonn was privileged to share that evening with her colleagues, family and a host of friends, all of whom she honored and recognized.
Attorney at Law Magazine named Founding Partner Mike Lynn Attorney of the Month. Click here to read the full article, Mike Lynn Encouraging the Freedom to Fail by Dan Baldwin.
The vibrant Texas economy drives business disputes into federal court and ultimately, the U.S. Court of Appeals for the Fifth Circuit. This article identifies ten recent cases from the Fifth Circuit that will likely influence commercial litigation in the year ahead. The specific areas of law include forum selection, federal jurisdiction over class actions, arbitration, civil procedure, and the substantive fields of antitrust and trademark.
Abandoning its reputation as a skeptic of antitrust claims, the U.S. Court of Appeals for the Fifth Circuit recently affirmed a $150 million judgment in MM Steel, L.P. v. JSW Steel (USA) Inc., a hard-fought battle among steel distributors on the Texas Gulf Coast. No. 14-20267 (Nov. 25, 2015).
Lynn Tillotson Pinker & Cox is proud to announce Trey Cox’s selection as a member of the prestigious American Board of Trial Advocates (ABOTA), an exclusive and prestigious national organization of judges and civil trial lawyers. ABOTA’s membership constitutes a “Who’s Who” of trial lawyers. Membership is by invitation only. To be considered for ABOTA candidacy, the applicant must possess a wealth of trial experience that few attorneys achieve, and be approved by votes of the local Chapter and National Board. Acceptance constitutes peer recognition of trial acumen and professionalism.
Mike Lynn said he learned by example to “think out of the box.” His late mother, once Arlington’s mayor pro tem, helped integrate schools and parks. His father, a prolific inventor at Bell Helicopter, is credited with the research and engineering for the world’s fastest helicopter.
Click here to read more about the 2015 D CEO Corporate Counsel event and honorees.
Any day now, three judges on the state appeals court in Dallas are expected to be secretly selected to review a case that legal experts say could be the biggest and most important business dispute between two Texas companies since Pennzoil clobbered Texaco in the mid-1980s for $10 billion.
The new case is slightly smaller — a mere $500 million is at stake. But the legal issue — whether there is a business version of common-law marriage — could have a significantly bigger impact on Texas companies seeking to do joint ventures or partnerships, according to lawyers following the case.
Can victims of a claimed pyramid scheme, in the context of a large multi-level marketing program, bring a class action? A Fifth Circuit panel recently said “no” in Torres v. S.G.E. Management, No. 14-20128 (Oct. 16, 2015). Judge E. Grady Jolly wrote the majority opinion, joined by Judge Edith Brown Clement, while Judge Jacques Wiener dissented.
On October 3rd, miles from Dallas in Seagoville, Texas, 21 team members from Lynn Tillotson Pinker & Cox wrangled and completed The Tough Mudder. The group boasted it was the largest law firm to participate in the event.
The Tough Mudder describes itself as a team event that challenges the physical and mental strength of contestants. According to The Tough Mudder website, only 78% of participants complete the 10-mile long course with fear-inducing, military-style obstacles. The grueling race focuses more on teamwork than finishing times with most teams consisting of 5-10 members.
Congratulations to our 2016 Benchmark Litigation award winners; Mike Lynn, Jeff Tillotson, Eric Pinker, Trey Cox, Jeremy Fielding, David Coale, Chris Schwegmann, Chris Akin and Britta Stanton!
Cash payment for airport gates — and specifically gates at Love Field — emerged on Monday as a key bone of contention between the two airlines on the first day of their federal court hearing about whether Delta should continue flying at the city-owned airport.
“While that $120 million sounds like a lot of money, it was calculated out to the penny,” Britta Stanton, a lawyer for Dallas-based Southwest told U.S. District Court Judge Ed Kinkeade.
Lynn Tillotson Pinker & Cox attorneys Alan Dabdoub, John Volney and Jeff Tillotson prevailed in obtaining denial of plaintiffs' motion for class certification for Samsung on allegations against its Galaxy S smartphone.
...It's probably Lynn Tillotson Pinker & Cox, working its magic on a jury.
LTPC presents the General Counsel Forum Focus; Is a Lawsuit the Best Means of Tackling Your Business Dispute? Thank you to our panelists Tiffany Brunson, Kathleen Turland and Trey Cox and our moderator, Britta Stanton.
Congratulations to Mike Lynn, Jeff Tillotson, Eric Pinker, Trey Cox, and David Coale for their inclusion in the 22nd Edition of The Best Lawyers in America©.
We are pleased to welcome Mike Lynn back from his impressive 700-mile hike on the Appalachian Trail. Click here to read more about Lynn’s journey.
Thank you to our panelists Jon Morgan, David Starr, and Jeff Tillotson, and our moderator, Britta Stanton for making the 2015 Speaker Series Event: Handling High-Profile Cases a success.
Lynn Tillotson Pinker & Cox, LLP, is pleased to announce D Magazine’s recognition of David Coale, Trey Cox, Mike Lynn, Eric Pinker, Chris Schwegmann, and Jeff Tillotson in their 2015 Best Lawyers line up. Additionally, Super Lawyers® has named Kent Krabill, Chris Patton, and Elizabeth Ryan as “Rising Stars” as seen in Texas Monthly magazine.
CLE examines the billion-dollar battle between two Texas oil & gas pipeline giants: Energy Transfer Partners and Enterprise Products. Panelists will provide behind-the-scenes details of the $535 million landmark jury verdict and the impact the case will have on proposed business partnerships in Texas.
Arbitration award decision is punishment for lying under oath about doping.
To mark Valentine's Day on Feb. 14, Texas Lawyer interviewed two married couples of Texas lawyers to learn how they have juggled two busy careers, raised a family and found time to spend together. The couples are Adele Hedges and Dan Hedges of Houston, who married in 1976, and Judge Barbara Lynn and Mike Lynn of Dallas, who married in 1973. Adele Hedges has her own firm, and Dan Hedges is a partner in Porter Hedges. Judge Lynn is a U.S. district judge for the Northern District of Texas, and Mike Lynn is a partner in Lynn Tillotson Pinker & Cox.
Last March, a state court jury in Dallas delivered a whopping $319 million verdict in a high-profile pipeline dispute — the largest award in Texas in 2014 — stunning the oil and gas industry and turning the heads of attorneys and executives who follow partnership law.
The Duncanville City Council voted in a 4 – 2 vote for the expulsion of former senior councilmember Johnette Jameson, who had already resigned at the end of October after being faced with 12 charges of violating the city’s Home Rule Charter.
Both council members' Cliff Boyd who represents District 1 and Ronald Dotson M.D. who represents district 4 voted against the expulsion while Duncanville Mayor David Green, Councilmember-at-large Patrick Harvey, Councilmember Steven Rutherford of District 2 and Stan Smith in District 3 voted in favor of the expulsion after more than seven hours of public hearing – four hours which included both sides presenting evidence to the roughly 400 people in attendance.
Attorneys selected this year by Texas Lawyer as Litigators of the Week were invited to answer one question: What did you learn in 2014 that will help you be a better litigator?
El Paso entrepreneur Jerry Rubin has accused the hair-care consumer products company he founded 45 years ago and its board of fraudulently and deceitfully forcing him out as chief executive.
In a 22-page lawsuit filed in Dallas, Rubin claimed El Paso-based Helen of Troy Ltd. made and then broke promises about his employment that cost him his job earlier this year.
In somewhat quirky language, the Texas Rules of Civil Procedure establish the deadline to answer a lawsuit: “on or before 10:00 a.m. on the Monday next after the expiration of twenty days after the date of service.”
Despite the specific time stated in the Rules, attorneys often calendar only the answer day, reasoning that a default judgment is unlikely in the space of a few hours.
The Best Lawyers in America 21st Edition (2015) honors David Coale, Trey Cox, Mike Lynn, and Eric Pinker as "Best Lawyers" in Commercial Litigation. The publication additionally recognizes Pinker in the areas of Bet-the-Company Litigation, Litigation – Intellectual Property, and Litigation – Trusts and Estates and Coale in the area of Appellate Practice.
A Texas judge ruled late Tuesday that Houston's Enterprise Products Partners must pay $535.8 million to another pipeline operator that a jury said Enterprise spurned after announcing a joint venture to build a crude oil pipeline.
A Texas judge has awarded Dallas-based Energy Transfer Partners nearly a half-a-billion dollars in damages in a dispute with a Houston pipeline company over an attempted partnership that went awry.
Lynn Tillotson Pinker & Cox, LLP, is pleased to announce its recent honor of being included in the Chambers & Partners 2014 USA Guide to Leading Lawyers (General Commercial Litigation). Chambers & Partners recognized LTPC as one of the top ten commercial litigation firms in Texas, designating the Firm as a "Band 2” firm.
Lynn Tillotson Pinker & Cox, LLP, granted the 2014 Judge Barefoot Sanders Law Magnet scholarship to four high school seniors. The Judge Barefoot Sanders Law Magnet was established in 1977 with a mission to prepare students for careers in law, government and law enforcement.
Lynn Tillotson Pinker & Cox is pleased to congratulate Mike Lynn, Jeff Tillotson, Trey Cox and David Coale on being selected as D Magazine’s “Best Lawyers in Dallas” for 2014. Mike Lynn, Jeff Tillotson and Trey Cox were named among the best in Dallas in the area of Business/Commercial Litigation. David Coale was named among the best in the area of Appellate.
For the third time in two years, the Texas Supreme Court has struck down an attorney fee award because lawyers didn't tell a trial court exactly how much time they spent on each task.
But this time, in Long v. Griffin, while applying precedent about the lodestar fee calculation—a lawyer's hours multiplied by his rate—the high court also found the litigants' contingency fee contract wouldn't support their attorney fee award.
All marriages have trials, but they’re mostly all in a day’s work for Mike and Barbara Lynn, two of Dallas’ biggest legal stars.
As a Dallas County jury read its verdict in March, Mike Lynn pulled his iPhone from his coat pocket and sent one email.
“We won. $319 million."
A few blocks away, U.S. District Judge Barbara Lynn was on the bench in the middle of her own trial when the message arrived. “I wanted to be there in court with Mike when he won such a huge victory for his client,” she says.
Adds Mike Lynn, “The only thing that would have made that moment any more glorious is if Barb had been there in the courtroom.”
Mike and Barbara Lynn are Dallas’ undisputed legal power couple.
Energy Transfer Partners is asking a judge to award it $914.6 million for damages it suffered over an alleged joint venture with Houston-based Enterprise Products Partners that failed in 2011.
The oil and gas industry was stunned this week a $319 million verdict for Energy Transfer Partners, courtesy of a state court jury in Dallas, Texas. Jurors agreed with ETP’s lawyers at Lynn Tillotson Pinker & Cox that ETP and Enterprise Products had a binding agreement to develop a pipeline to carry crude oil from Oklahoma to refineries on the Gulf of Mexico, and that Enterprise breached the agreement when it decided instead to hook up with a Canadian pipeline company called Enbridge.
In a landmark verdict, a Dallas jury awarded LTPC’s client the largest jury verdict in the history of Dallas County, finding that Defendant Enterprise breached its fiduciary duties to its partner, Energy Transfer Partners.
The 12-person jury found that Houston-based Enterprise Products Partners formed a legal partnership with Dallas-based Energy Transfer Partners in 2011 to jointly build a pipeline from Cushing, Oklahoma, to the Gulf Coast and that Enterprise violated that partnership when it ended the deal to do a more financially rewarding joint venture with Enbridge Inc.
March 4 (Bloomberg) --Energy Transfer Partners LP (ETP), a Dallas pipeline builder, was awarded $319 million by a Texas jury that found Enterprise Products Partners LP wrongfully dropped it from plans for an oil conduit to compete with the Keystone XL project’s southern leg.
Lynn Tillotson Pinker & Cox partner Trey Cox will be speaking at the Texas Bar CLE Advanced Trial Strategies on February 13th, 2014 at 3:15 p.m. at the Omni Royal Orleans Hotel in New Orleans, Louisiana. Trey will be speaking on Effective Communication strategies with Chip Babcock of Houston Jackson Walker.
David Coale presented the Fifth Circuit Update to the Texas State Bar's 30th Annual Litigation Update Institute in Austin, Texas.
Read more about the event, click here.
Lynn Tillotson Pinker & Cox, LLP, congratulates partner Trey Cox for being named 2013 Top Rated Lawyer in Intellectual Property Law by The American Lawyer magazine and Martindale-Hubbell®.
LTPC is please to announce Eric Pinker and Trey Cox have been named Top 100 Texas Super Lawyers® 2013 and Top 100 Dallas/Fort Worth Super Lawyers 2013 (as seen in Texas Monthly magazine).
Six LTPC attorneys were recognized as 2013 Super Lawyers® (as seen in Texas Monthly magazine). LTPC partners Mike Lynn, Jeff Tillotson, Eric Pinker, Trey Cox, David Coale and Chris Schwegman share the distinction of having been recognized as Super Lawyers® for 10 consecutive years. In addition, Chris Schwegmann has for the first time been recognized as a Super Lawyer.®
After a heated discussion with his economics professor at the University of Virginia, Michael P. Lynn knew litigation was a challenge he wanted to pursue. Twenty years ago, Lynn accepted this challenge when he established Lynn Tillotson Pinker & Cox, LLP, and founded a firm "focused on building a commercial litigation firm comprised of talented lawyers who exhibit trial-tested experience, creativity, and an uncompromising will to win”.
Lynn Tillotson Pinker & Cox, LLP, is proud to announce the 20th Edition of The Best Lawyers in America 2014 has recognized the firm with Tier 1 Ranking.
Lynn Tillotson Pinker & Cox, LLP, is pleased to announce Jason Dennis, Kent Krabill, and Christopher Schwegmann were recognized as 2013 Super Lawyers® Rising Stars in Law & Politics Magazine (as seen in Texas Monthly magazine).
Lynn Tillotson Pinker & Cox, LLP, is pleased to announce its recent honor of being included in the Chambers and Partners 2013 USA Guide to Leading Lawyers (General Commercial Litigation). Chambers & Partners recognized LTPC as one of the top ten commercial litigation firms in Texas, designating the Firm as a "Band 2” firm, among such companies as well known national firms and local mainstays.
Lynn Tillotson Pinker & Cox, LLP, a Dallas-based civil litigation boutique that represents Fortune 500 corporations, major financial institutions, and prominent individuals, today announced that it has established a scholarship fund to assist outstanding high school seniors at the Judge Barefoot Sanders Law Magnet who plan to continue their education in the legal field. The scholarship is being established as part of Lynn Tillotson Pinker & Cox's twentieth anniversary.
Trial Attorney Trey Cox of Texas litigation boutique Lynn Tillotson Pinker & Cox, LLP, has been named a Client Choice award winner, at a gala dinner held at One Great George Street in London on February 27, 2013. Trey was the exclusive award recipient in the Litigation category for Texas. He was described by clients as "our ‘go-to guy' . . . a great lawyer who gets great results.” Client Choice is a unique program that surveys senior corporate counsel only. This year's winners were chosen from a pool of more than 2,000 individual client assessments.
Trial Attorney Trey Cox of Lynn Tillotson Pinker Cox, LLP in Dallas is speaking at the Texas Association of Defense Council winter seminar Feb. 7, 2013. He will join the Honorable James Stanton of Andrews Kurth LLP in Dallas to speak on "The Jury Rules: Post-Trial Videotaped Interviews With Real Jurors.”
Lynn Tillotson Pinker & Cox, LLP is pleased to announce it has been honored as a Tier 1 firm in the area of Commercial Litigation in the 2013 Edition of U.S. News – Best Lawyers "Best Law Firms.”
Lynn Tillotson Pinker & Cox, LLP is pleased to announce that LTPC and three of its partners have been recognized in the sixth edition of Benchmark Litigation, the definitive guide to America's leading litigation law firms and attorneys.
Attorneys and attorneys' fee experts Trey Cox and Jason Dennis are celebrating the updated release of their book, "How to Recover Attorneys' Fees in Texas,” at a launch party September 5 from 5-6:30 pm at Saint Ann Restaurant & Bar in Dallas.
Seven LTPC attorneys were recognized as 2012 Super Lawyers® (as seen in Texas Monthly magazine), two of whom were also recognized in the list of the Top 100 Dallas/Fort Worth Super Lawyers 2012 (Mike Lynn and Eric Pinker) and one of whom was recognized as one of the Top 100 Texas Super Lawyers 2012 (Eric Pinker). LTPC partners Mike Lynn, Jeff Tillotson, Eric Pinker and David Coale share the distinction of having been recognized as Super Lawyers® for 10 consecutive years. Additionally, LTPC associate Kent Krabill was recognized as a Super Lawyers® 2012 "Rising Star.”
Dallas attorney Eric W. Pinker, managing partner of the law firm Lynn Tillotson Pinker& Cox, LLP, has been selected as a Fellow of the Litigation Counsel of America. Eric received both his undergraduate degree in Plan II, and his Juris Doctor, from The University of Texas at Austin.
Lynn Tillotson Pinker & Cox, LLP (LTPC) is pleased to announce that attorney Alan Dabdoub has been designated Board Certified in the area of Labor and Employment by the Texas Board of Legal Specialization.
Lynn Tillotson Pinker & Cox, LLP is pleased to announce that the Firm has been named to the shortlist for the inaugural Benchmark Litigation Annual Awards – South. LTPC was nominated as one of only five Firms of the Year in Texas within the state category.
Lynn Tillotson Pinker & Cox partner and Board Certified Trial Advocate, Trey Cox, has recently authored two trial-based books published by the American Bar Journal and Texas Lawyer.
Lynn Tillotson Pinker & Cox, LLP is pleased to announce the inclusion of Eric Pinker and Trey Cox in the Best Lawyers® in America directory.
Lynn Tillotson Pinker & Cox, LLP is pleased to announce that Christopher Akin has been named a partner with the Firm.
Lynn Tillotson Pinker & Cox, LLP, is pleased to announce its recent honor of being included in the Chambers and Partners 2011 USA Guide to Leading Lawyers (General Commercial Litigation). Chambers & Partners recognized LTPC as one of the top ten commercial litigation firms in Texas, designating the Firm as a "Band 2” firm, among such company as well-known national firms and local mainstays.
Mike Lynn to Speak to the Dallas Young Lawyers Association at the Belo Mansion for CLE on "Alternative Fee Agreements: The Opportunities and the Challenges of Incentive Based Fee Agreements."
Lynn Tillotson Pinker & Cox, LLP is pleased to announce that Britta Stanton has been named a partner with the Firm.
Lynn Tillotson Pinker & Cox, LLP Recognized as One of the Top Ten Commercial Litigation Firms in Texas
Case illustrates challenge of complex loans that go bad; more fights expected.
Mannatech boasting a string of courthouse wins protecting its products and successfully growing the company to $289.7 million in 2009 sales.
Washington, D.C.-based construction media company Hanley-Wood has been ordered to pay $2.9 million in salaries, bonuses, interest and fees in a contract dispute with two former company executives from Southlake, Texas.
Lynn Tillotson Pinker & Cox, LLP is pleased to announce seven attorneys named on the 2010 "Rising Stars” rankings in Law & Politics Magazine (as seen in Texas Monthly).
Mannatech, Incorporated (NASDAQ: MTEX - News), a global pioneer in the development of high-quality health, weight and fitness and skin care solutions based on nutritional science, obtained a Final Judgment and Permanent Injunction in its lawsuit against Techmedica Health (Techmedica), and Ionx Holdings (Ionx) prohibiting them from the manufacture, use or sale of products infringing Mannatech's patents and requiring them to pay Mannatech $250,000 in damages.
Richard Smith successfully defends Great American Restaurant Co. against Domino's trademark infringement.
Hunt oil family's feud rages on with court case over $6 million loan.
LTPC's whitepaper authored by Eric Pinker, Trey Cox and Chris Schweggman on "Protecting Your Name on the Internet: It's A Jungle Out There" to appear in the October issue of Direct Selling News Magazine as a two part series.
To read the entry in Benchmark Litigation 2009 edition highlighting LTPC as a "strong litigation firm with a good heart" and honoring the law practice of Mike Lynn and Jeff Tillotson click here.
Lynn Tillotson Pinker & Cox, LLP is pleased to announce the inclusion of Eric Pinker and Trey Cox in the Best Lawyers® in America directory. This accolade comes on the heels of several awards for the partners at LTPC (for Eric Pinker, this will be his second time he has been included in the Best Lawyers list).
Trey Cox, Dallas litigator with Lynn Tillotson Pinker & Cox, LLP, will be a featured speaker at the Wind Law IV event slated for July 9-10, 2009. Cox will discuss case law updates, status and outcome of historical and on-going judicial proceedings involving the wind energy industry in Texas.
Altovise Davis, the widow of entertainer Sammy Davis Jr., called on Mike Lynn and Lynn Tillotson & Pinker when she discovered that her business partners were interfering with negotiations for a major motion picture about the life of her late husband. The Dallas Morning News and the Associated Press published stories about the case, which is pending in Dallas federal court.
Lynn Tillotson Pinker & Cox, LLP, is pleased to announce its recent honor of being included in the Chambers & Partners 2009 USA Guide to Leading Lawyers (General Commercial Litigation).
As seen in the May 22nd issue of The Dallas Business Journal, Mike Lynn has been named a top Dallas litigator on the annual "Defenders” list. "‘The Defenders' list is a distinguished group of commercial litigators, we are extremely proud of Mike and his recent achievement,” said partner Trey Cox.
Eric Pinker of Lynn Tillotson Pinker & Cox, LLP will speak at the Texas Lawyer Intellectual Property Roundtable held Thursday, March 5, 2009 at the Belo Mansion in downtown Dallas. Topics discussed will include issues revolving around intellectual property, trade marks and trade secrets.
Mike Lynn, Richard Smith and Elizabeth McElroy obtain a $12.5 million verdict for ORIX Capital Markets LLC in internet defamation case.
As a thought leader in the field of trial advocacy, Trey Cox, a Dallas litigator with Lynn Tillotson Pinker & Cox, LLP will share his thoughts on how to use persuasion, personal credibility and logic to protect and defeat the trustworthiness of witnesses at the University of Houston Continuing Legal Education event How to Offer and Exclude Evidence.
The nationally recognized trial firm Lynn Tillotson Pinker & Cox, LLP would like to congratulate Christopher J. Schwegmann for elevation to Partner.
As a thought leader in the field of trial advocacy, Trey Cox, a Dallas litigator with Lynn Tillotson Pinker & Cox, LLP published a trial litigation best practices guide on how to use demonstrative evidence – pictures, charts and summaries - to connect and resonate with the jury.
This October Lynn Tillotson Pinker & Cox, LLP, a powerhouse litigation boutique, celebrates it's 15th anniversary.
Partner Trey Cox making news once again in wind energy "nuisance" lawsuit filed by West Texas Landowners. As seen in the Austin American Statesman; "The 11th Court of Appeals in Eastland last week upheld a district court judgment against landowners who had sued FPL Energy LLC over the company's massive Horse Hollow wind farm in Taylor County. The jury had found that the wind turbines were not a nuisance to neighbors and rejected their claim for damages." This story has made headlines statewide.
The high-profile firm of Bickel & Brewer was disqualified by a federal judge Friday from representing the great-grandson of oilman H.L. Hunt in his fight for a share of the multibillion-dollar family fortune.
Edward Jason Dennis, Partner, files suit against the Mexican Consulate on behalf of real estate company president. Mexican government will not be able to hide under diplomatic immunity when doing business in the Dallas community.
Four partners from the Dallas law firm Lynn Tillotson Pinker & Cox, LLP once again have earned recognition in a national publication based on their work for businesses and company executives.
Lynn Tillotson & Pinker partner Mike Lynn has been elected to the governing Council of the American Bar Association's Litigation Section. Mr. Lynn will help establish policy and guide the 75,000-member Section of Litigation, the ABA's largest and most active group.
Lawdragon, a quarterly print and online publication serving the legal community, has named Michael P. Lynn and Eric W. Pinker of Lynn Tillotson & Pinker, LLP, as two of the 500 Leading Lawyers in America.
In an editorial page commentary in one of the Texas Panhandle's leading newspapers, Trey Cox discusses recent developments that hold promise for the wind energy industry and practices to guide the sector's growth.
Michael P. Lynn of Lynn Tillotson Pinker & Cox, LLP is recognized for his service to North Texas in crafting the local solution that became the basis for the Wright Amendment Reform Act of 2006.
Lynn Tillotson Pinker & Cox, LLP, is pleased that Texas Monthly has learned what we have always known, that the seven attorneys named on the "Rising Star” rankings to hit newsstands this month are in fact real stars in the commercial litigation area.