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February 4, 2010: Androvett NewsWire: Super Bowl / Toyota Fiasco / County Records Battle
 
February 4, 2010 6:00 am

Save Yourself and Your Cash When Buying Big Game Tickets
Fans looking to splurge on last-minute tickets for the Super Bowl or NBA All-Star Game need to exercise caution as they look for deals to these sold-out events. However, concerns about adding debt to your credit cards should not force you to pay cash, especially if you do not know the seller, says Steven Camp of Gardere Wynne Sewell. "If the seller is a stranger, you have a better chance of being scammed, so whenever possible, go to an established broker where you can use a credit card, then use your cash to pay the bill off at the end of the month," he says. "Brokers tend to be more credible and, if there is a problem, you can dispute the charge with your credit card company." To interview Mr. Camp, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

New Approach to Corporate Jet Business Taking Off At DFW
DFW Airport is making plans to handle increased amounts of corporate jet traffic for the 2011 Super Bowl and beyond. And that represents a big change in the airport's approach to that level of traffic, says business jet expert David Norton of Shackelford, Melton & McKinley in Dallas, who helps companies buy and lease corporate jets. DFW's chief says he expects an eventual doubling of corporate jet traffic at the airport. "What this means is you now have another player in the competition to attract corporate jets, and the player just happens to be the 800-pound gorilla called DFW," Norton says. "That's a big turnaround; maybe with the downturn in commercial aviation, the airport is looking to make up the difference elsewhere." To interview Mr. Norton, contact Mark Annick at 800-559-4534 or mark@androvett.com.

Toyota's ‘Fix' Isn't Enough for Speeding Cars
While Toyota is scurrying to find a way to fix the problem of runaway cars -- and its damaged reputation -- the latest "mechanical solution" doesn't get to the heart of the matter, says Texas attorney Bob Hilliard, who filed a class-action lawsuit against the carmaker last week. "Toyota has known about this problem far too long, but inexplicably has not chosen to address what appears to be the true culprit, electrical problems in the faulty throttle controls," says Hilliard, who represents a couple whose Toyota Avalon crashed after unexpectedly accelerating through a stop sign last month. "First Toyota said it was the floor mats, and now they claim it is the gas pedal. Perhaps they'll fix the problem some day, but my clients and I aren't holding our collective breath." To interview Mr. Hilliard, contact Alan Bentrup at 800-559-4534 or alan@androvett.com.

Haitian Assistance Must Acknowledge Laws
The desire to act swiftly to help victims of the Haitian earthquakes has resulted in unintended, possibly criminal, consequences. This was most evident in Idaho-based New Life Children's Refuge's attempt to take 33 children out of the country to establish an orphanage in the Dominican Republic despite the fact that not all the children were orphaned. "There was no true urgency to remove these children from Haiti," says Elizabeth Durso Branch, who focuses on child-related issues as a partner at the Family Law firm of McCurley Orsinger McCurley Nelson & Downing, L.L.P. "While Port-au-Prince is devastated, there are other physically safe locations within the country to set up an orphanage or refugee camp. The group may have had good intentions, just far too little guidance." To interview Ms. Branch, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

Waste Can Create Revenue and Cut Costs
What one company deems trash may be another's opportunity. The U.S. Business Council for Sustainable Development has launched a project in the Houston region that matches undervalued waste from one facility with users at another business. "This concept has proven successful in many cities in the U.S. and abroad," says James Morriss, an environmental attorney with Thompson & Knight. "Re-using these by-products in other industries saves energy, reduces environmental impacts and offers the possibility of new profit centers." He notes one example of such a process is CemStar, developed by TXI. CemStar uses slag from steelmaking in the manufacture of cement, resulting in an increase in cement production and a significant reduction in emissions. To interview Mr. Morriss, contact Barry Pound at 800-559-4534 or barry@androvett.com.

SEC ‘Guidance' To Force Climate Change Evaluation
The announcement last week that the Securities and Exchange Commission will provide "guidance" encouraging companies to disclose the effects of climate change on their businesses has increased the urgency for companies to evaluate their practices and re-examine the accuracy of the disclosures. "This will be end up the de facto equivalent of passing a specific rule regarding climate change issues without going through the procedural delays and complications involved in issuing a new rule," says Richard O. Faulk, head of the Environmental Practice Group at Gardere Wynne Sewell. Interestingly, the news was followed by an announcement that the government will reduce its greenhouse gas emissions by 28 percent over the next decade. "That is ambitious, especially as there is no clear, reliable and affordable plan to achieve the cuts." To interview Mr. Faulk, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

In Beefs with Builders, Homeowners Face Uphill Battle
More than 80 homes were damaged last month when a retaining wall in a San Antonio neighborhood experienced slope failure and collapsed. In such situations, homeowners are poorly protected in Texas, says construction law attorney Mark McQuality of Shackelford Melton & McKinley in Dallas. Although lawmakers phased out the Texas Residential Construction Commission Act, the Texas Residential Liability Act still gives builders a legal advantage in homeowner disputes. Additionally, most homebuyers sign arbitration agreements, preventing them from taking construction disputes before a jury. "The sad truth is that consumers have more legal protection when they buy a toaster than when they purchase a home in Texas," says McQuality, who recently had an $800,000 award for a homeowner who suffered slope failure damages upheld by the Texas Supreme Court. To interview Mr. McQuality, contact Robert Tharp at 800-559-4534 or robert@androvett.com.

Corporate Dollars Impact on Judicial Elections
The U.S. Supreme Court's recent decision broadening the ability of corporations to contribute to political campaigns has raised questions about the ruling's impact on judicial races. "Nationally, the thinking is that the public may not approve of judicial candidates seeking and receiving large-scale corporate contributions," says Brian Melton. "I don't expect Texans would vote to give away their right to elect judges. But we may see a renewed effort to elect judges without the often meaningless designation of a political party." Melton is chairman of the Committee for a Qualified Judiciary, a non-partisan group of Dallas attorneys and community leaders which evaluates judicial candidates based on legal abilities, integrity, temperament and commitment to impartiality. The group's evaluations for the upcoming primary are at www.cqjdallas.org. To interview Mr. Melton, contact Mike Androvett at 800-559-4534 or mike@androvett.com.

San Antonio Jury Awards Worker $56.3 Million
A San Antonio jury has issued a $56.3 million verdict against construction equipment manufacturer Caterpillar Inc. and a Caterpillar retailer after finding that defects and lax maintenance led to a construction worker being paralyzed. Attorney Mark Lanier of The Lanier Law Firm represented Alfonso Lopez, 38, and his family in claims over a 2006 incident where he was operating a Caterpillar 623 G Wheel Tractor Scraper that began shaking violently and bucking uncontrollably. Mr. Lopez suffered permanent paralysis below the waist even though he was wearing a seatbelt. "Juries will always hold corporate America responsible for putting profits over safety," says Lanier. "Caterpillar and others need to alert the public when problems arise, rather than crossing their fingers in hopes no one gets hurt." To interview Mr. Lanier, contact Bruce Vincent at 800-559-4534 or bruce@androvett.com.

Hearings Set for Case Involving Dallas County's Award of No-Bid Contract
A Dallas judge has scheduled hearings involving Dallas County's award of a no-bid contract to preserve the county's paper records. Business Resources Corporation (BRC) is seeking an injunction to keep additional work from being performed under the terms of a $17.5 million contract the county signed with Virginia-based GTSI last year. BRC alleges that Dallas County violated state mandates by awarding the contract without competitive bids. The court also will consider a motion to move up the date for depositions of Dallas County Clerk John Warren and GTSI officials. "We contend that Mr. Warren either willfully disregarded the law or was misled by GTSI about how the contract was awarded and GTSI's qualifications to manage the contract," says attorney Michael Hurst of Dallas's Gruber Hurst Johansen & Hail LLP. To interview Mr. Hurst, contact Barry Pound at 800-559-4534 or barry@androvett.com.

MumboJumbo's Court Victory Over PopCap Now Worth $7.3 Million
A state district court in Dallas has added $2.7 million in attorneys' fees to last month's jury verdict in favor of premium casual video game developer MumboJumbo against rival developer PopCap. When added to the jury's award of $4.6 million, the total amount to be paid by PopCap now stands at $7.3 million. "We are happy to see the court award these fees," says attorney Mike Richardson of Rose•Walker in Dallas, who represents MumboJumbo. "MumboJumbo shouldn't have to bear the cost of proving that PopCap breached the contract here." Last month, a jury found Seattle-based PopCap liable for fraud and tortious interference for breaching a contract with Dallas-based MumboJumbo and souring a relationship between MumboJumbo and a key retailer. To interview Mr. Richardson, contact Mark Annick at 800-559-4534 or mark@androvett.com.

Goldfarb Branham Law Firm Opens in Dallas
Dallas attorneys Jeffrey Goldfarb and Charles W. "Trey" Branham III are announcing the formation of the litigation firm Goldfarb Branham LLP. The firm handles complex commercial litigation throughout Texas and the nation, representing both public and private companies, as well as select individuals. "Our goal is to provide nimble, creative, and effective counsel at all stages of litigation," says Goldfarb, who most recently was a partner with DLA Piper and is a graduate of Harvard Law School; Branham once served as a legislative aide to former Senator Strom Thurmond. "We are the next generation of trial lawyers in Dallas," he says. "We are not afraid to give advice - stand by it - and go to court to get results." For more information on the firm, contact Mark Annick at 800-559-4534 or mark@androvett.com.


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