Texas Business Litigation

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A comprehensive handbook for litigators and transactional attorneys, written by a stellar panel of veteran TX litigators, judges and arbitrators.
Sofia Adrogué, Editor, a native of Argentina and commercial litigator for over 25 years, is a partner with the Houston office of Diamond McCarthy LLP.

Caroline Baker, Co-Editor, a fifth-generation Texan, served the citizens of Harris County as a judge 21 years before retiring at the end of 2018.


In Texas Business Litigation you’ll find thorough treatment of: 
  • Discovery—Kim J. Askew, K&L Gates, LLP
  • Speech-Based Torts: Libel, Slander, Business Disparagement and Invasion of Privacy—Chip Babcock, Jackson Walker L.L.P.
  • Damages—David J. Beck, Beck Redden, LLP
  • Experts Witnesses—Maria Wyckoff Boyce, Hogan Lovells US LLP
  • E-Discovery—Dawn Estes, Estes Thorne & Carr PLLC
  • Intellectual Property and Trade Secrets Litigation—Charles Everingham IV, Akin Gump Strauss Hauer & Feld LLP
  • Criminal Law in Business Tort Cases—David Gerger, Gerger Khalil Hennessy LLP
  • Breach of Fiduciary Duty Claims in the Commercial Setting—Robin Gibbs, Gibbs & Bruns, LLP
  • Bankruptcy Ramifications in Business Litigation Cases—Elizabeth M. Guffy, Locke Lord LLP
  • Business Divorce—Ladd Hirsch, Winstead PC
  • Contorts—Lamont A. Jefferson, Jefferson Cano
  • Ethics—Randy Johnston, Johnston Tobey Baruch, P.C.
  • The Liability Case—Mark Lanier, Lanier Law Firm
  • Construction Litigation—Michael J. Mazzone, Haynes & Boone, LLP
  • Alternative Dispute Resolution—Alice Oliver-Parrott, Alice Oliver-Parrott, P.C.
  • Selected Causes of Action Unique to the Oil and Gas Industry—James J. Ormiston, Gray Reed & McGraw, P.C.
  • Fraud and Negligent Misrepresentation—Yvette Ostolaza, Sidley Austin LLP
  • Corporate Governance and Regulatory Proceedings—Evan P. Singer, Jones Day
  • Evaluating Commercial Cases: Avoiding Icebergs—Harry Susman, Susman Godfrey L.L.P.
  • Innovations to Improve Jury Trials in Texas—Stephen D. Susman, Susman Godfrey L.L.P.
  • Third-Party Litigation Financing—Prof. W. Bradley Wendel, Cornell Law School
  • Employment Law Litigation—A. Martin Wickliff, Jr., Cozen O’Connor
  • Preservation of Error—Appeal Tactics—Marie R. Yeates, Vinson & Elkins LLP
  • Antitrust—R. Paul Yetter, Yetter Coleman LLP
  • Tactical Considerations in Modern Business TrialsJohn Zavitsanos, AZA

NEW FOR THIS EDITION
The final three chapters are new and an indicia of the state of business litigation—e-discovery, construction litigation, and tactical considerations in modern business trials.
Additional Information
SKU TXBUS19
Division Name Texas Lawyer
Volumes 0
Product Types Books
Brand Texas Lawyer
Publication Date April 28, 2019
Jurisdiction Texas
ISBN 978-1-62881-597-9
Page Count 1890
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Caroline Baker
Caroline Baker, a fifth-generation Texan, has served the citizens of Harris County as a judge for over 16 years. Prior to the bench, she was a partner in the litigation firm of McFall, Sherwood & Sheehy. A graduate of Princeton University and the University of Texas School of Law, she is Board Certified in Personal Injury Trial Law and has been elected to membership in the American Board of Trial Advocates. ABOTA is an honorary organization of plaintiff and defense lawyers (as well as judges) dedicated to the preservation of the right to trial by jury and excellence in the legal profession. Candidates are nominated and elected by the members of the organization and must have a proven record as a trial lawyer. Caroline also is a mediator with a certificate from the AA White Dispute Resolution Center and serves as an adjunct professor in Trial Advocacy at the University of Houston Law Center. 
Strongly committed to professional service, Caroline currently serves on three committees of the State Bar of Texas, including the Committee on Judicial Ethics, Judicial Section. She has served as Chair of the Ethics Committee for the Board of Civil Judges and Chair of the Administration of Justice Committee for the Board of District Judges. She also has served as a member of the Ethics Committee for the National Association of Women Judges and is a Past President of the ADR Section of the Houston Bar Association. She has been a member and Chair of a State Bar Grievance Committee. Caroline also spends time mentoring aspiring lawyers through internships in the court and judging mock trials and mock hearings for students from the Houston law schools. 
Caroline is a graduate of Leadership Houston (where she received the Patrice Johnson Alumnus Award for Leadership), the American Leadership Forum, and the Center for Houston's Future. She has been honored by Aspiring Youth with the Star for Girls' Education Award, and was selected by Texas Executive Women as a Woman on the Move, and by Houston Woman magazine as one of the 50 Most Influential Women in Houston. 
Equally committed to community service, she serves and/or has served on the Board of Directors of many non-profit organizations, including Neighborhood Centers Inc., Girls Incorporated of Greater Houston (Former Chair), The Heritage Society, Hobby Center Foundation, Leadership Houston (Former Chair), the YMCA, and on the Advisory Boards of The Chinquapin School, Career & Recovery Resources, Inc. and City Hall Fellows.
Above all, Caroline is devoted to her family. She and her husband are the proud parents of three children.

Sofia Adrogué
Sofia Adrogué is a Member (Partner) of Gray Reed & McGraw, P.C.  Sofia is actively involved in business litigation and multi-party proceedings in state and federal courts as well as in ADR proceedings.  She also represents parties in peer review proceedings and/or before state regulatory or licensing agencies in the health care arena.

AV Preeminent ®Peer Review Rated by Martindale-Hubbell, she is a frequent CLE Speaker and/or Chair (over 110) and publisher (over 100).  An alumna of the Harvard Business School OPM, she served as the U.S. Keynote Graduation Speaker for HBS OPM 37, ostensibly the first woman, as well as U.S. Class Representative.  She is a graduate of Rice University, magna cum laude, Phi Beta Kappa, and the University of Houston Law Center, magna cum laude, Order of the Coif and Barons, on full academic scholarships.  She served as a law clerk to Hon. Jerre S. Williams of the U.S. Court of Appeals for the Fifth Circuit.  

She is a “Mujer Empresaria del Año,” (Executive Women of the Year), SUCESOS Newspaper & SOLO MUJERES Magazine; a “Woman of Influence,” National Council of Jewish Women Greater Houston Section; a “Texas Super Lawyer,” TEXAS MONTHLY Magazine; a Texas’ Lawyers Top “40 Under 40”; a National Diversity Council “Most Powerful and Influential Woman of Texas”; a “TBOY Blazing Star,” Texas Women’s Chamber of Commerce; a Greater Houston Women’s Chamber Hall of Fame Inductee; a Texas Executive Women “Woman on the Move”; a HOUSTON  CHRONICLE Channel 11 “Texas Legend”; a Houston Jaycees “Outstanding Houstonian”; a Texas Jaycees “Outstanding Texan” and a U.S. Jaycees “Outstanding Young American.” 

Sofia serves and/or has served on  THE ADVOCATE Editorial Board, the Texas Supreme Court Advisory Committee, the CLE, Mentor and  Professionalism Committees of the State Bar of Texas as well as the CLE, HOUSTON LAWYER and the Professionalism Committee of the Houston Bar Association.  She also serves and/or has served on the   Board of Directors of the American Leadership Forum Houston; Girls Incorporated of Greater Houston (former President and Board Chair); the HOUSTON LAW REVIEW Alumni Association (former President); Memorial Hermann Foundation; RICE-TMS; Museum of Fine Arts, Houston; Theatre Under The Stars; and the United Way of the Texas Gulf Coast.   

A native of Argentina, Sofia is a Co-Host & Co-Producer of LATINA VOICES: SMART TALK.  The mother of Sloane (18), Schuyler (13), and Stefan (10), married to fellow Rice graduate, Sten Gustafson, Sofia has been recognized for her public service by the City of Houston with a proclamation of July 10, 2004 as “Sofia Adrogué Day.” 

Contributing Authors

Discovery—Kim J. Askew, K&L Gates, LLP
Speech-Based Torts: Libel, Slander, Business Disparagement and Invasion of Privacy—Chip Babcock, Jackson Walker L.L.P.
Damages—David J. Beck, Beck Redden, LLP
Experts—Maria Wyckoff Boyce, Baker Botts LLP
E-Discovery—David Chaumette, Chaumette, PLLC
Intellectual Property and Trade Secrets Litigation—Charles Everingham IV, Akin, Gump, Strauss, Hauer & Feld, LLP
Criminal Law in Business Tort Cases—David Gerger, Gerger & Clarke
Breach of Fiduciary Duty Claims in Business Transactions—Robin Gibbs, Gibbs & Bruns
Bankruptcy Ramifications in Business Litigation Cases—Elizabeth M. Guffy, Burleson LLP
Contorts—Lamont A. Jefferson, Haynes and Boone, LLP
Ethics—Randy Johnston, Johnston Tobey PC
The Liability Case—Mark Lanier, Lanier Law Firm
Alternative Dispute Resolution—Alice Oliver-Parrott, Alice Oliver-Parrott, P.C.
Selected Causes of Action Unique to the Oil and Gas Industry—James J. Ormiston, Gray Reed & McGraw, P.C.
Fraud and Negligent Misrepresentation—Yvette Ostolaza, Sidley Austin LLP
Evaluating Commercial Cases: Avoiding Icebergs—Harry Susman, Susman Godfrey
Corporate Governance and Regulatory Proceedings—Patricia J. Villareal, Jones Day
Employment Law Litigation—A. Martin Wickliff, Jr., Cozen O’Connor
Preservation of Error—Appeal Tactics—Marie R. Yeates, Vinson & Elkins
Antitrust—R. Paul Yetter, Yetter Coleman LLP
Third-Party Litigation Financing --W. Bradley Wendel
Business Divorce --Ladd Hirsch
Innovations to Improve Jury Trials in Texas --Stephen D. Susman

Chapter 1: Alternative Dispute Resolution—Issues in Business
Litigation
Chapter 2: Antitrust
Chapter 3: Bankruptcy Ramifications in Business
Litigation Cases
Chapter 4: Breach of Fiduciary Duty Claims in the Commercial
Setting 
Chapter 5: Evaluating Commercial Cases: Avoiding Icebergs
Chapter 6: Contorts
Chapter 7: Corporate Governance and Regulatory Proceedings
Chapter 8: Criminal Law in Business Torts Cases
Chapter 9: Damages
Chapter 10: Discovery
Chapter 11: Employment Law Litigation
Chapter 12: Expert Witnesses
Chapter 13: Fraud and Negligent Misrepresentation
Chapter 14: Intellectual Property and Trade Secrets Litigation
Chapter 15: Ethics
Chapter 16: The Liability Case
Chapter 17: Selected Causes of Action Unique to the Oil
and Gas Industry
Chapter 18: Preservation of Error – Appeal Tactics
Chapter 19: Speech Based Torts: Libel, Slander, Business
Disparagement and Invasion of Privacy
Chapter 20: Third-Party Litigation Financing
Chapter 21: Business Divorce
Chapter 22: Innovations to Improve Jury Trials in Texas
Chapter 23: E-Discovery
Chapter 24: Construction Litigation 
Chapter 25: Tactical Considerations in Modern Business Trials
Table of Cases 
Index

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