Because of their active involvement in the legal and business communities, our attorneys are frequently called on to serve as authors, speakers and sources on legal issues. We invite you to browse this selection of featured articles and announcements. Our firm is pleased to regularly publish electronic newsletters on targeted topics of concern for many of our clients. If you are interested in subscribing to the Employment Law or Litigation newsletters, just visit the sign-up page to be added to a distribution list.
- "Texas Courts: A Seasoned Appellate Advocate's Perspective"
Kevin Keith was interviewed in Metropolitan Corporate Counsel on the topics of tort reform, appellate law and the Texas judiciary.
Editor: How has tort reform in Texas benefited insurance companies and companies generally?
Keith: Tort reform has placed caps on punitive damages and imposed a higher burden of proof on any award of punitive damages. Any award of punitive damages now requires a unanimous verdict as opposed to the previously required 10-to-2 verdict. This is just one example of the pro-business reforms that have proven beneficial to the insurance industry and to business generally in Texas.
To view the entire article, go to:
http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=November&artYear=2008&EntryNo=8744
- "Know What To Do When Faced With Suit"
Dick Wiles was interviewed by Healthcare Risk Management (August 2008) on the steps hospital risk managers should take to manage pending or actual medical malpractice litigation.
- "Recent Texas Appellate Rulings Affect Insurance Coverage, Contractual Agreements, Reimbursement Claims At The State And Federal Level"
Kevin Keith was interviewed in Metropolitan Corporate Counsel on the topics of legal trends at the appellate law affecting insurance law, as well as the perceived backlog of appellate cases in Texas.
Editor: What are the current trends or areas of interest and activity in Texas civil appellate law?
Keith: A few notable areas of interest to civil appellate lawyers in Texas include the apparent decrease in state appellate courts permitting oral argument, the increasing length of time it takes for a growing number of cases to make their way through the Texas Supreme Court, and significant changes in Texas insurance law.
To view the entire article, go to:
http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=November&artYear=2008&EntryNo=8223
- "Copyright, Trademark Laws Evolve With The Internet And Video Games"
Wade Cloud and Jim Patterson co-authored an article for Metropolitan Corporate Counsel, outlining how litigation involving Internet domains and video games has both changed and upheld traditional views of copyright and trademark protection.
Intellectual property rights in trademarks and copyrights have enjoyed protection under United States law since the nation's inception. The means and methods of enforcing these valuable rights have evolved. Such evolution has been assisted by the development of modern industries such as the video game industry.
To view the entire article, go to:
http://www.metrocorpcounsel.com/current.php?artType=view&EntryNo=8965
- February 2008
The law firm of Hiersche, Hayward, Drakeley & Urbach, P.C., is announcing the addition of veteran attorney Kevin J. Keith to lead the firm's growing practice in Appellate Law. Joining the firm as Of Counsel, Mr. Keith's practice will focus on providing counsel in a wide range of litigation support and civil appellate law matters, including the handling of all State and Federal appeals.
To view the full release, please click here
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Dec. 8, 2008
Dallas Appeals Court Rules In Favor of Contractor in Insurance Dispute
DALLAS - The Fifth District Court of Appeals has ruled in favor of Fort Worth-based contractor Thos. S. Byrne, Ltd., finding that Trinity Universal Insurance Company and other insurers owed a defense to the contractor against claims of defects and resulting property damage related to the construction of the Dallas Maple Villas apartment complex.
The ruling stems from underlying litigation filed by Mercantile Safe Deposit & Trust Co. in 2001 against Byrne and several other subcontractor defendants, alleging more than $30 million in property damage claims. That lawsuit alleged water damage at the complex was caused by defective construction prior to completion of the complex in 1999, which Mercantile did not promptly discover.
"To resolve this appeal the court applied the recent Texas Supreme Court's landmark decision in Don's Building Supply, Inc. v. OneBeacon Ins. Co., which held that the duty to defend is triggered based on when the actual injury occurred, not when the property damage manifested or was discovered," says attorney Kevin J. Keith of Dallas' Hiersche, Hayward, Drakeley & Urbach, who represented Byrne in the appeal. "In this case we were able to demonstrate to the court that the alleged property damage arising from the subcontractors' defective work potentially occurred during the policy periods in question."
The appellate court remanded the case to the 44th District Court in Dallas for further proceedings.
For additional information or to speak with Mr. Keith on this matter, contact Barry Pound, 214-559-4630 or barry@androvett.com.
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Client Advisory: "The Election of Barack Obama and Possible Changes to the Federal Tax Law"
Robert Van Amburgh has prepared a summary of tax law changes that may be proposed in 2009 by the Obama administration.
Prior to the election there was quite a bit of email and internet rumor floating about concerning what Mr. Obama was proposing regarding taxes. For now all we have to go on is the "official tax plan" published by the Obama campaign (which as of the date of this writing is still available on the campaign website) and statements by Mr. Obama reported in the mainstream media.
To view the entire advisory, please click here
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"Texas Courts: A Seasoned Appellate Advocate's Perspective"
Kevin Keith was interviewed in Metropolitan Corporate Counsel on the topics of tort reform, appellate law and the Texas judiciary.
Editor: How has tort reform in Texas benefited insurance companies and companies generally?
Keith: Tort reform has placed caps on punitive damages and imposed a higher burden of proof on any award of punitive damages. Any award of punitive damages now requires a unanimous verdict as opposed to the previously required 10-to-2 verdict. This is just one example of the pro-business reforms that have proven beneficial to the insurance industry and to business generally in Texas.
To view the entire article, go to:
http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=November&artYear=2008&EntryNo=8744
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"Recent Texas Appellate Rulings Affect Insurance Coverage, Contractual Agreements, Reimbursement Claims At The State And Federal Level"
Kevin Keith was interviewed in Metropolitan Corporate Counsel on the topics of legal trends at the appellate law affecting insurance law, as well as the perceived backlog of appellate cases in Texas.
Editor: What are the current trends or areas of interest and activity in Texas civil appellate law?
Keith: A few notable areas of interest to civil appellate lawyers in Texas include the apparent decrease in state appellate courts permitting oral argument, the increasing length of time it takes for a growing number of cases to make their way through the Texas Supreme Court, and significant changes in Texas insurance law.
