NewsWire

Uncertainty Remains After Public Nuisance Ruling
While the U.S. Supreme Court's decision this week in American Electric Power Company Inc. v. Connecticut is a victory for companies opposing the filing of public nuisance lawsuits to redress global climate change, Houston's Richard O. Faulk of Gardere Wynne Sewell LLP says it also leaves "live and dangerous" issues outstanding. "The court only decided the issue under federal law. That still leaves the lower courts to decide whether these same claims can still be tried under state nuisance laws or if they are preempted by federal statutes and regulations," says Faulk, the chair of the Gardere Litigation Group. "These standard-less claims are equally flawed under state law, but industry must now fight to establish that point." Faulk will participate in a mock Supreme Court argument on public nuisance and climate change on July 12 during the International Association of Defense Counsel Annual Meeting in Whistler, British Columbia. For information, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

As Wildfires Rage, Property Owners Should Prepare
When you combine the severe drought plaguing Texas with celebratory July 4th fireworks, the risk for home fires and wildfires has never been higher. Unfortunately, home and business owners often find they are unprepared to deal with resulting insurance struggles, says Houston attorney Phillip Sanov, head of The Lanier Law Firm's Bad Faith Insurance Practice Group. "People dutifully pay their insurance company every year, never expecting the company to deny, delay or underpay claims when disaster strikes," says Sanov, who has helped numerous clients after wildfires in California and across the country. "In a fire where everything is destroyed, people struggle to document their possessions when making a claim." That is why preparation is key, he says. "We all should take photos and videos of our belongings, so we have definite proof when making a claim." For more information, contact Alan Bentrup at 800-559-4534 or alan@androvett.com.

ICE Crackdown Giving Businesses Pause
The Obama administration's recent workplace crackdown on illegal immigrants has many employers nervously awaiting the next round of promised ICE audits. However, says A.J. Irwin, Director of Investigations at Dallas's Yarbrough Strategic Advisors, it is a concern that can be corrected through diligence. "When you are talking about workplace violations, the government has taken a strict view of the employer's responsibility in making sure all employees are verified to work in the United States. Any technical mistakes in the completion of the I-9 form expose the employer to additional scrutiny and liability," says Irwin, who worked with the U.S. Immigration and Naturalization Service and with ICE for more than 25 years. "Egregious violators are going to be discovered by the wide net thrown out by ICE. But even for these companies, it is never too late to get assistance with federal rules and regulations, to show good faith and make corrections to comply with the law." For more information, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

IRS Business Audits Expanding Reach
After receiving notice of an IRS audit, the first call for entrepreneurs has traditionally been to the company CPA. However, that may no longer be enough, cautions Dallas tax attorney Dan Baucum of Shackelford Melton & McKinley. "The IRS audit has gotten more sophisticated," says Baucum, a former Special Assistant to the Associate Chief Counsel at the IRS. "When a small business is audited, it will automatically extend into areas such as real estate, expenses and business structure, as well as into the owner's personal finances, exponentially expanding the risk. As a result, entrepreneurs need someone who is looking strategically at the audit. At the revenue agent level, there is no authority to settle, so you have to go in knowing there will be a next step and plan accordingly." For information, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

Truck Inspections Illustrate Safety Threat
A recent safety inspection of 8,000 commercial vehicles across Texas found that nearly a quarter of them were unfit for the road. While that percentage is high, Fort Worth attorney Steven C. Laird says that it could have been much higher. "This was a well-publicized inspection, so a lot of truck drivers chose to take time off to avoid the inspection," says Laird, whose practice at the Law Offices of Steven C. Laird includes trucking accidents caused by driver carelessness, sleep deprivation, intoxication, fires, bad brakes and other preventable events. Laird says an estimated 4,000 people are killed by 18-wheelers each year, mostly due to their unsafe operation. About 10 percent of those deaths occur in Texas. "And now the speed limit has been raised to 85 mph in some sections of Texas highways. Who drives those roads? Those same unsafe commercial vehicles," says Laird. For more information, contact Dave Moore at 800-559-4534 or dave@androvett.com.

Lenders Can Collect Rent Under New Law
Texas Senate Bill 889, which went into effect June 17, will allow lenders to directly collect rent from tenants of commercial properties that are in default. "In essence, the bill allows lenders to collect rents without first foreclosing on the property," says Andrew Ingrum in the Dallas office of Thompson & Knight. "Prior to this legislation, there was very little legal authority that allowed such actions." Ingrum notes that while the new law creates a simple process for collecting rent, it may present some operational challenges for lenders who are receiving rent, but don't have the authority to operate the property. Thompson & Knight recently was named among the top five Texas firms for real estate law by the prestigious Chambers USA directory. For information, contact Barry Pound at 800-559-4534 or barry@androvett.com.

Texas Family Law Evolution Alleviates Uncertainty
Changes to the Texas Family Code over the past few decades have played a significant role in alleviating much of the uncertainty that previously contributed to bitter, protracted divorce battles, according to Carmen Elaine Eiker, a partner at the Dallas family law firm of McCurley Orsinger McCurley Nelson & Downing. "Joint custody of children is now presumed, except under exceptional circumstances," she says. "Family law has evolved to reduce the potential for conflict on these important issues concerning children." Adds Eiker, "There is now a framework for the courts and litigants on how to address these matters, including guidelines for determining child support based on the parents' incomes, and a standardized schedule for parenting time with the children." Eiker is Board Certified in Family Law by the Texas Board of Legal Specialization. For more information, contact Dave Moore at 800-559-4534, or dave@androvett.com.

Li Na Could Bring More Asian-Americans to Tennis
The success of China's Li Na – winning the French Open and starting off strong at Wimbledon – may help attract more Asian-Americans to tennis, says Kathleen Wu, who chairs a U.S. Tennis Association subcommittee tasked with growing the ranks of Asian-American tennis players. "She's already significantly raised the profile of tennis in China," says Wu, a partner in the Dallas office of Andrews Kurth. "And there's no doubt that she's also a hero to many young Asian-Americans. One of the impediments to attracting Asian-Americans to tennis is that there are so few high-profile Asian players. And Li has addressed that problem in a big way."  For more information, contact Amy Hunt at 800-559-4534 or amy@androvett.com.