Firm News

LWS IS PLEASED TO ANNOUNCE THE ADDITION OF KATHERINE R. HENDLER

Dallas, TX – After more than three years serving as chambers law clerk for the Honorable Sam A. Lindsay, United States District Judge, Northern District of Texas, Katherine R. Hendler has joined Lillard Wise Szygenda PLLC as a Senior Associate. “We are excited and fortunate that Ms. Hendler has chosen LWS as the medium for her return to private practice” said founding Member, Tom Lillard. “Her addition to the LWS team significantly enhances the firm’s ability to provide elite legal representation at very reasonable rates.” [more]

LWS ATTORNEYS PUBLISH ARTICLE ON FIRST-REFUSAL RIGHTS IN THE BAYLOR LAW REVIEW

Dallas, TX – July 2010 – First Refusal Rights under Texas Law, an article written by LWS’s three members, Bob Wise, Andy Szygenda, and Tom Lillard, was published in the recently-released, Spring 2010 issue of the Baylor Law Review. The article provides a comprehensive survey of Texas law regarding first-refusal rights. It also provides tips for practitioners that can reduce the risk that their clients will become embroiled in contentious litigation involving such a right’s enforceability or exercise. See 62 Baylor L. Rev. 433 (2010).

LWS SUCCESSFULLY MANDAMUSES TRIAL COURT

Dallas, TX – May 26, 2010 – In an important dispute regarding the scope of discovery in a wrongful death and survival case arising out of an accidental electrocution, LWS successfully mandamused the trial court’s discovery order on behalf of Oncor Electric Delivery Company, LLC. The trial court ordered Oncor to produce all of its documents and to answer detailed interrogatories about all of its lawsuits involving power lines, utility poles, guy wires, or anchors. Believing the discovery order to be overly broad and unduly burdensome as a matter of law, Oncor sought mandamus review. The Dallas Court of Appeals agreed, conditionally granting the mandamus writ. See In re Oncor Elec. Delivery Co., 313 S.W.3d 910, 910 (Tex. App.—Dallas 2010, orig. proceeding).

LWS ATTORNEYS WIN $2.5 MILLION JUDGMENT FOR KANSAS CITY SOUTHERN RAILWAY ON INDEMNITY CLAIM AGAINST PILGRIM'S PRIDE

SHREVEPORT, LA – March 30, 2010 – Bob Wise and Andy Szygenda of Lillard Wise Szygenda PLLC have obtained a $2.5 million summary judgment for Kansas City Southern Railway Company (KCS) on an indemnity claim against Pilgrim’s Pride Corporation. Judge Maurice Hicks of the United States District Court for the Western District of Louisiana issued the award yesterday afternoon. [more]

LWS OBTAINS FAVORABLE RULING FOR POWER GENERATOR FROM THE TEXAS PUBLIC UTILITIES COMMISSION

Dallas, TX – February 25, 2010 – In a case important to all participants in Texas’s electric markets, LWS obtained a favorable order regarding the proper calculation of an administrative penalty under Section 15.023 of the Texas Public Utility Regulatory Act (PURA). For many years and in a large number of proceedings, the Executive Director and Staff of the Public Utility Commission of Texas have maintained that, for purposes of an administrative penalty under PURA, each megawatt involved in the allegedly wrongful action constitutes a separate “violation” subject to a separate administrative penalty of up to $25,000. As a result, the Executive Director has sought enormous administrative penalties from alleged violators of the Act and the Commission’s rules.

In Docket No. 37634, LWS represented Luminant Energy Company LLC in challenging Staff’s method for calculating penalties. Luminant argued in that proceeding that an administrative penalty could only be assessed on the single wrongful act or inaction of failing to timely dispatch a LaaR obligation following an ERCOT deployment instruction, while Staff claimed that it could assess a penalty for each MW not timely deployed. After extensive briefing by the parties and the submission of an amicus brief, the Commission rejected Commission Staff’s penalty theory and adopted Luminant’s position. See PUC Docket No. 37634, Agreed Notice of Violation and Settlement Agreement Relating to Luminant Energy Company LLC’s Violation Of PURA § 39.151(j) and PUC Subst. R. 25.503(f)(2), Relating to Failure to Adhere to ERCOT Protocol 6.10.5.4(1) Concerning Load Acting as Resource Service Requirements, Order on Certified Issue at 3 (Feb. 25, 2010).

LWS ATTORNEYS PUBLISH ARTICLE ON FRAUD IN THE FALL 2009 ISSUE OF THE ST. MARY’S LAW JOURNAL

Dallas, TX – January 2010 – Of Lies and Disclaimers—Contracting Around Fraud under Texas Law, an article written by LWS’s three members, Bob Wise, Andy Szygenda, and Tom Lillard, was published in the recently-released, Fall 2009 issue of the St. Mary’s Law Journal. The article provides a comprehensive survey of Texas law governing contractual provisions, such as disclaimers of reliance and merger/integration clauses, that parties frequently use (often unsuccessfully) to avoid claims of fraud in connection with business transactions. Of particular importance to business representatives and other contract negotiators, the article also suggests language that a contracting party can include in its agreements to reduce the risk that the party will later be subject to a claim or liability for fraudulently inducing the other party to enter into the contract. See 41 St. Mary’s L.J. 119 (2009)

LILLARD WISE SZYGENDA SECURES NO-LIABILITY JURY VERDICT FOR
BARNETT SHALE GAS PROCESSOR IN TOUCHSTONE NUISANCE CASE

WEATHERFORD, TX – November 19, 2009 – In a significant victory for oil and gas producers and processors in the Barnett Shale, Lillard Wise Szygenda (LWS) obtained a jury verdict declaring that Crosstex Energy Services, L.P.’s Azle gas processing facility did not constitute a nuisance to surrounding homeowners. The judge for the 414th Judicial District Court of Parker County, Texas confirmed the verdict by officially entering judgment on it last week. The plaintiffs have indicated they will not appeal. [more]

BIG FIRM LITIGATORS OPEN LILLARD WISE SZYGENDA PLLC TO PROVIDE ELITE REPRESENTATION AT ECONOMICAL RATES

Dallas, TX – November 10, 2009 – Tom Lillard, Bob Wise, and Andy Szygenda have left the international law firm of Hunton & Williams LLP to open Lillard Wise Szygenda PLLC (LWS), a Dallas-based litigation boutique formed to provide elite legal representation at rates responsive to today’s economic climate. [more]

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	About LWS Areas of Practice Biographies Resources Firm News	Firm News LWS IS PLEASED TO ANNOUNCE THE ADDITION OF KATHERINE R. HENDLER Dallas, TX – After more than three years serving as chambers law clerk for the Honorable Sam A. Lindsay, United States District Judge, Northern District of Texas, Katherine R. Hendler has joined Lillard Wise Szygenda PLLC as a Senior Associate. “We are excited and fortunate that Ms. Hendler has chosen LWS as the medium for her return to private practice” said founding Member, Tom Lillard. “Her addition to the LWS team significantly enhances the firm’s ability to provide elite legal representation at very reasonable rates.” [more] LWS ATTORNEYS PUBLISH ARTICLE ON FIRST-REFUSAL RIGHTS IN THE BAYLOR LAW REVIEW Dallas, TX – July 2010 – First Refusal Rights under Texas Law, an article written by LWS’s three members, Bob Wise, Andy Szygenda, and Tom Lillard, was published in the recently-released, Spring 2010 issue of the Baylor Law Review. The article provides a comprehensive survey of Texas law regarding first-refusal rights. It also provides tips for practitioners that can reduce the risk that their clients will become embroiled in contentious litigation involving such a right’s enforceability or exercise. See 62 Baylor L. Rev. 433 (2010). LWS SUCCESSFULLY MANDAMUSES TRIAL COURT Dallas, TX – May 26, 2010 – In an important dispute regarding the scope of discovery in a wrongful death and survival case arising out of an accidental electrocution, LWS successfully mandamused the trial court’s discovery order on behalf of Oncor Electric Delivery Company, LLC. The trial court ordered Oncor to produce all of its documents and to answer detailed interrogatories about all of its lawsuits involving power lines, utility poles, guy wires, or anchors. Believing the discovery order to be overly broad and unduly burdensome as a matter of law, Oncor sought mandamus review. The Dallas Court of Appeals agreed, conditionally granting the mandamus writ. See In re Oncor Elec. Delivery Co., 313 S.W.3d 910, 910 (Tex. App.—Dallas 2010, orig. proceeding). LWS ATTORNEYS WIN $2.5 MILLION JUDGMENT FOR KANSAS CITY SOUTHERN RAILWAY ON INDEMNITY CLAIM AGAINST PILGRIM'S PRIDE SHREVEPORT, LA – March 30, 2010 – Bob Wise and Andy Szygenda of Lillard Wise Szygenda PLLC have obtained a $2.5 million summary judgment for Kansas City Southern Railway Company (KCS) on an indemnity claim against Pilgrim’s Pride Corporation. Judge Maurice Hicks of the United States District Court for the Western District of Louisiana issued the award yesterday afternoon. [more] LWS OBTAINS FAVORABLE RULING FOR POWER GENERATOR FROM THE TEXAS PUBLIC UTILITIES COMMISSION Dallas, TX – February 25, 2010 – In a case important to all participants in Texas’s electric markets, LWS obtained a favorable order regarding the proper calculation of an administrative penalty under Section 15.023 of the Texas Public Utility Regulatory Act (PURA). For many years and in a large number of proceedings, the Executive Director and Staff of the Public Utility Commission of Texas have maintained that, for purposes of an administrative penalty under PURA, each megawatt involved in the allegedly wrongful action constitutes a separate “violation” subject to a separate administrative penalty of up to $25,000. As a result, the Executive Director has sought enormous administrative penalties from alleged violators of the Act and the Commission’s rules. In Docket No. 37634, LWS represented Luminant Energy Company LLC in challenging Staff’s method for calculating penalties. Luminant argued in that proceeding that an administrative penalty could only be assessed on the single wrongful act or inaction of failing to timely dispatch a LaaR obligation following an ERCOT deployment instruction, while Staff claimed that it could assess a penalty for each MW not timely deployed. After extensive briefing by the parties and the submission of an amicus brief, the Commission rejected Commission Staff’s penalty theory and adopted Luminant’s position. See PUC Docket No. 37634, Agreed Notice of Violation and Settlement Agreement Relating to Luminant Energy Company LLC’s Violation Of PURA § 39.151(j) and PUC Subst. R. 25.503(f)(2), Relating to Failure to Adhere to ERCOT Protocol 6.10.5.4(1) Concerning Load Acting as Resource Service Requirements, Order on Certified Issue at 3 (Feb. 25, 2010). LWS ATTORNEYS PUBLISH ARTICLE ON FRAUD IN THE FALL 2009 ISSUE OF THE ST. MARY’S LAW JOURNAL Dallas, TX – January 2010 – Of Lies and Disclaimers—Contracting Around Fraud under Texas Law, an article written by LWS’s three members, Bob Wise, Andy Szygenda, and Tom Lillard, was published in the recently-released, Fall 2009 issue of the St. Mary’s Law Journal. The article provides a comprehensive survey of Texas law governing contractual provisions, such as disclaimers of reliance and merger/integration clauses, that parties frequently use (often unsuccessfully) to avoid claims of fraud in connection with business transactions. Of particular importance to business representatives and other contract negotiators, the article also suggests language that a contracting party can include in its agreements to reduce the risk that the party will later be subject to a claim or liability for fraudulently inducing the other party to enter into the contract. See 41 St. Mary’s L.J. 119 (2009) LILLARD WISE SZYGENDA SECURES NO-LIABILITY JURY VERDICT FOR BARNETT SHALE GAS PROCESSOR IN TOUCHSTONE NUISANCE CASE WEATHERFORD, TX – November 19, 2009 – In a significant victory for oil and gas producers and processors in the Barnett Shale, Lillard Wise Szygenda (LWS) obtained a jury verdict declaring that Crosstex Energy Services, L.P.’s Azle gas processing facility did not constitute a nuisance to surrounding homeowners. The judge for the 414th Judicial District Court of Parker County, Texas confirmed the verdict by officially entering judgment on it last week. The plaintiffs have indicated they will not appeal. [more] BIG FIRM LITIGATORS OPEN LILLARD WISE SZYGENDA PLLC TO PROVIDE ELITE REPRESENTATION AT ECONOMICAL RATES Dallas, TX – November 10, 2009 – Tom Lillard, Bob Wise, and Andy Szygenda have left the international law firm of Hunton & Williams LLP to open Lillard Wise Szygenda PLLC (LWS), a Dallas-based litigation boutique formed to provide elite legal representation at rates responsive to today’s economic climate. [more] up scroll Pause or Play down
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