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Date Publications
9/3/2008Texas Supreme Court Opinion - Don's Building Supply, Inc. v. OneBeacon Insurance Company
4/1/2008"Managing Construction Projects in Texas"
11/14/2007"Too Much of a Good Thing: Fallout From the Carried Interest Scandal," Houston Tax Roundtable (PDF)
11/1/2007"The New Contingent Payment Clause Statute: Does it really help anyone?" (Part 2 of 2)
10/15/2007"Avoiding Contracts That Make You Sick," The Corporate Counselor
10/11/2007"The Latest Thinking: Project Delivery Strategies for Healthcare Buildings," Rice Building Institute
10/2/2007C Corp., S Corp. or Partnership?
9/1/2007"Ten Bad Business Contract Decisions," SmartBusiness Houston
8/1/2007"The New Contingent Payment Clause Statute: Does it really help anyone?" (Part 1 of 2)
8/1/2007"Negotiating Mergers & Acquisitions," SmartBusiness Houston
8/1/2007"Price Escalation: What You Can Do To Protect Your Company"
7/1/2007"English-Only Policies," SmartBusiness Houston (July 2007)
6/19/2007"Change Orders in Texas," Lorman Education Seminar
6/1/2007"Would You Swear to That? Problems With Verifying a Petition for Writ of Mandamus"
6/1/2007"AIA Proposed Contract Changes: You Get What You Ask For,"
4/18/2007Managing Construction Projects
3/20/2007"Noncompete Agreements and Related Issues: Protecting Confidential Information (Or Can Your Client Start a New Business Without Getting Sued)," University of Houston, Advanced Labor & Employment Law Seminar
3/1/2007"No More Whining About Geographical Indications: Assessing the 2005 Agreement Between the United States and the European Community on the Trade in Wine"
1/1/2007Protecting IP From Former Employees
1/1/2007(co-author) "Naked Short Selling: How Exposed Are Investors?"
11/1/2006A Survey of the AIPN Model Unitization and Unit Operating Agreement
10/24/2006"Bond Claims on Public Works Projects in Texas," Associated Builders and Contractors
10/12/2006"You’re Fired! The Allocation of Risk in Termination Clauses," American Bar Association
10/6/2006Oil Patch Operators Take A Second Look At Old Financing Tool
9/1/2006"Sarbanes-Oxley and 'The Treaty': Why Litigators Must Communicate Carefully with Auditors"
8/1/2006Expert Testimony in Construction Cases
7/3/2006Force Majeure: One Size Does Not Fit All (State Bar of Texas - Corporate Law Section Publication)
5/1/2006Complex Financing Transactions: Success From Start To Finish
4/14/2006Flexible Succession Plan Positions Company For Smooth Transition (PDF)
4/14/2006Structuring Deal To Reduce Tax Levels Can Help When Money's Due
3/1/2006"Mechanic's Liens in Texas - Top Ten Mistakes Claimant's Make," 19th Annual State Bar of Texas Construction Law Conference
3/1/2006Force Majeure Clauses: The Basics
3/1/2006"Building a Foundation for Managing Complex Construction Law Issues in Texas," National Business Institute
2/6/2006New Rules Would Make Firms Reveal Full Compensation to Top Execs
12/5/2005Katrina Emergency Relief Act of 2005 Provides Tax Breaks to Business and Individuals
12/1/2005“Construction Lien Law in Texas,” Lorman Seminar
11/1/2005Working with Experts in Construction Cases
10/12/2005"You're Fired: Termination for Default Clauses and the Role of Suretys in Termination," American Bar Association Forum on the Construction Industry
10/1/2005Dress Codes and Paper Trails
10/1/2005“Texas Construction Law: Can This Job Be Saved?” Lorman Seminar
8/5/2005What Steps Should An Employer Take Upon Learning An Employee May Be Planning to Leave the Company to Join a Competitor?
6/20/2005How Do You Determine the Terms of a Purchase Order
6/1/2005"The Standard of Care for Design Professionals," Structural Engineer
6/1/2005Ancillary Arbitration Issues in Construction Disputes
5/6/2005Managing Your Commercial Lending Relationship: Save Time And Money By Knowing What To Expect From Beginning To End
4/1/2005Owner Controlled Insurance Programs: A Boon Or A Bust?
3/28/2005Grokster Is Not Napster
3/14/2005Not Just for Doctors Anymore: H.B. 4 Requirement Shields Design Professionals From Liability
2/11/2005Decision Proves It Pays To Get It In Writing and Believe What It Says
1/1/2005“Advanced Concepts in Construction Delay and Disruption Disputes,” Lorman Seminar
1/1/2005Chapter 1, Texas Handbook of Civil Evidence
1/1/2005“Arbitration Tips and Tactics for Securities, Construction and Employment Cases,” Houston Bar Association Construction Law Section
1/1/2005“Change Orders vs. Construction Change Directives: The Devil is In the Details,” San Antonio Bar Association
1/1/2005Copyright Protection and Employee E-mail Searches
12/20/2004When Does A Sub’s Proposal Trump The Subcontract?
11/8/2004"The Art of Negotiation," Negotiating and Drafting Major Commercial Agreements
11/1/2004“Ethical Distinctions Between Arbitrator and Mediation,” Houston Bar Association ADR Section
11/1/2004Change Orders vs. Construction Change Directives: The Devil Is In the Details
10/1/2004“Texas Construction Law: Can this Job be Saved?” Lorman Seminar
10/1/2004Don't Let Records Policy Be Used Against Firm In Litigation
8/24/2004Avoiding Having Your Document Retention Policy Used Against You In Civil And Criminal Litigation
8/6/2004Family Limited Partnerships: Lessons Learned
8/6/2004Vehicle Used To Transfer Wealth Still Running After IRS Loses Case
8/1/2004IT & The Construction Industry: 5 Legal Risks.
7/1/2004“Construction Lien Law in Texas,” Lorman Seminar
6/30/2004Insurance And Indemnity Clauses In Oil & Gas Contracts
6/24/2004When a Bidder Backs Out
6/22/2004“Change Orders in Texas,” Lorman Seminar
6/11/2004Employers Need To Have Policies In Place And Should Follow Them
5/7/2004Arbitration For Business Disputes—If It Looks Too Good To Be True, It Probably Is
5/1/2004Environmental Issues in Bankruptcy
4/9/2004Attention Turns To Liquefied Natural Gas As A Viable Energy Option
4/1/2004“Discovery Disputes in Arbitration Proceedings,” American Arbitration Association
4/1/2004Purchasing Environmental Insurance For Contractors: A Legal Perspective
3/8/2004"Nuts and Bolts of Commitment Letters and Term Sheets"
2/23/2004Road Work's Difficult, But Houstonians Need To Make The Best Of It
2/6/2004Bankruptcy's "Free And Clear" Assets May Include Unwanted Luggage
2/1/2004“Wrongful Termination,” Associated Builders & Contractors Association
1/1/2004Franchise Law Update, SMU Law Review
12/8/2003The Sarbanes-Oxley Act of 2002: What Today’s Attorneys Need To Know
11/1/2003“Retention of Control by the General Contractor and Resulting Liability,” “When and How Does a Contractor Lose His Independent Contractor Protection and Who Becomes Liable?” Porter & Hedges Construction and Real Estate Seminar
11/1/2003“Bond Claims on Public Projects,” Associated Builders and Contractors
10/13/2003Toxic Torts: Risk, Foreseeability And Causation
10/10/2003Grid Failure: It Will Never Happen in the Lone Star State . . . Or Will It?
10/6/2003Tide Of Investor Litigation May Be Turning In Favor Of Wall Street
10/1/2003Recent Changes In Implied And Extended Warranties
10/1/2003“Texas Construction Law: Can This Job Be Saved?” Lorman Seminar
10/1/2003“Bid Protests on State and Local Projects;” “Who Bears the Risk of Defective Plans & Specifications;” “Termination of Contracts;” and “Bond Claims in Public Works Projects In Texas,” State Bar of Texas Construction Law Conference
9/29/2003Blackouts, Brownouts and Regulators
9/22/2003Protections For "Mechanic, Artisan, Material Man" Have Their Limits
8/11/2003Internal Investigations Raise Wide Range of Issues
7/21/2003Dealmaker Alert: Merger Lockups May Not Work
7/10/2003“Construction Lien Law in Texas,” Lorman Seminar
7/1/2003"To Attract The Best Designers For Your Projects, You Need To Write The Right Contract," Office & Commercial Real Estate Magazine
6/27/2003To Hedge Or Not To Hedge, That Is The Question For E&P Companies
6/6/2003Be Ready With Right Credit Support In Case There's A Major Meltdown
6/1/2003“Mediation Preparation and Advocacy,” Porter & Hedges Litigation Continuing Legal Education Seminar
5/16/2003Representations, Warranties Play Vital Role In Contracts
4/11/2003Mezzanine Financing Alternative Helps Lower Overall Cost Of Capital
4/1/2003Co-Author, “Sovereign Immunity: When Its’ Time to Pay, It’s Good to be King!” Construction Law Journal, publication of the Construction Law Section of the State Bar of Texas
4/1/2003“Sovereign Immunity: Where Are We now?” Tools of the Trade, publication of the Associated Builders and Contractors of Greater Houston
4/1/2003Conducting Internal Investigations
3/17/2003"Are Pass-Through Claims On Their Way Out Of Texas?" Texas Lawyer
2/3/2003Eliminating Taxes on Dividends a Touchy Topic
1/27/2003"Developer Should Watch Wording So Designer Will Sign The Contract," Houston Business Journal
1/1/2003What Landmen Need To Know About The Texas Anti-Indemnity Statute
1/1/2003Franchise Law Update, SMU Law Review
1/1/2003Don’t Ban the Betamax (or the Xerox)
1/1/2003Mencius, Hume and the Foundations of Ethics (London: Ashgate 2003).
1/1/2003U.S. Partnership Withholding Rules Need Further Guidance,” 26 Tax Notes Int’l 85, (2002), republished by Practicing Law Institute, 573 PLI/Tax 9
1/1/2003Negligent/Malicious Credentialing Claims: Do They Exist in Texas?
12/23/2002Online Orders: Electronic Contracts Can Deliver Unwelcome Surprises
12/16/2002So, You Want to Sue Your Broker . . .
12/9/2002Think Sarbanes-Oxley Doesn't Apply To Private Firms? Think Again
11/29/2002Oil Field Contracts: What You See May Not Be What You Get
11/1/2002The Express Negligence Rule In Oil Field Contracts
10/1/2002“Texas Construction Law: Can This Job Be Saved?” Lorman Seminar
10/1/2002The Standard of Review for Medical Malpractice Claims in Light of American Transitional Care Centers v. Palacios
10/1/2002“Practical Aspects of Proving Delay Claims,” Texas Association of Defense Counsel, 2002 Construction Law Seminar
9/1/2002“Architect/Engineer Liability and Practice in Texas,” Lorman Seminar
8/1/2002Federal Criminal White Collar Appellate Update
7/1/2002“Construction Lien Law in Texas,” Lorman Seminar (July 2002).
7/1/2002Arbitration Developments: Defects & Solutions
6/6/2002Jury's Understanding Of "Risk" May Make All The Difference In A Trial
6/6/2002Management's Duties When A Company Faces Bankruptcy
6/6/2002Legal Risk In The Age Of "Click Wrap"—Read Before Clicking "I Agree"
5/1/2002Wetlands Issues
4/29/2002New Focus On Quality Of Companies' Financial Reports
4/1/2002Arbitration Developments: Defects and Solutions
2/15/2002The Electronic Project
2/11/2002Survey: In Light Of Enron, What Is One Piece Of Advice About Their Retirement Plans You Would Give To Employees? "Review Portfolio Often"
2/1/2002“Calculating Damages for Delay,” State Bar of Texas Construction Law Section 15th Annual Construction Law Conference (February 2002).
2/1/2002Indonesian LNG in Transition
1/1/2002Essays on the Moral Philosophy of Mengzi (contributing co-editor, Cambridge: Hackett, 2002).
1/1/2002Franchise Law Update, SMU Law Review
10/26/2001Companies Prepare To Overcome Legal, Physical Effects Of Disaster
8/1/2001“Advanced Construction Law in Texas,” National Business Institute Seminar
7/31/2001Cybersmears: The Next Generation
7/20/2001E-mail, E-mail Discovery Offer Plentiful Grist For The Legal Mill
4/1/2001When is a Breach of Contract Also a Tort?
2/2/2001Winning Principles Help Executives Survive Litigation
2/1/2001“Tips for Effective Mediation of Construction Disputes,” Construction Financial Managers Association
1/1/2001“Texas Construction Law: Can This Job Be Saved?” Lorman Seminar
12/29/2000Bioreactor Landfills: Long-term Liability Issues
11/1/2000“Construction Lien Law in Texas,” Lorman Seminar
8/1/2000“Construction Contracting with Public Entities in Texas,” Lorman Seminar
7/8/2000Insuring Against Punitive Damages In A Mass Tort/Toxic Tort Context
5/1/2000Classification of Individuals as Employees or Independent Contractors and Selected Employee Benefit Issues
2/1/2000“Breaking Up is Hard to Do: The Risks Inherent in Termination of Construction Contracts and Subcontracts,” State Bar of Texas
1/1/2000Texas’ New Reference Check Law Offers Better Protection to Employers; or Does It? - Legal Notes Newsletter
1/1/2000Prevailing Wage Requirements on Texas Public Works Projects - Legal Notes Newsletter
12/1/1999Clash of the Titans - 1999's Most Significant Antitrust Case
11/30/1999Cybersmears: Dealing With Defamation On The Net
10/1/1999“Texas Mechanic’s Lien and Bond Claim Law - The Construction Lien,” Lorman Education Services
5/1/1999“Arbitration of Business Disputes,” University of Houston Executive MBA Course
4/1/1999“What Works and What Does Not Work in Construction Arbitration?” Panelist for the Houston Bar Association Construction Law Section
1/1/1999Can a Contractor Recover Attorney’s Fees From a Sovereign Which Breaches a Contract? - Legal Notes Newsletter
1/1/1999“Texas Business Records: Developing and Maintaining them Legally,” Lorman Seminar
1/1/1999Scientific Knowledge in the Courtroom: The Trouble with Daubert
1/1/1999Merger Mania: Will Bigger Be Cheaper in Houston?
1/1/1999"Architect Responsibilities in Obtaining ADA Compliance," Texas Architect
11/20/1998"Poof" Alternatives: Consolidation Strategies In Today's Environment
11/1/1998“Dispute Resolution Processes for Managers,” Panelist, University of Houston MBA Television Course
10/1/1998“Case Study and Moderated Discussion: The Arbitration Hearing,” Panelist, State Bar of Texas Arbitration Law Course
9/1/1998“Case Study and Moderated Discussion: The Arbitration Hearing,” Panelist, State Bar of Texas Arbitration Law Course
8/1/1998“Texas Mechanic’s Lien and Bond Claim Law - The Construction Lien,” Lorman Education Services
4/1/1998Is Ignorance Bliss?
11/28/1997Non-Competition Agreements May Not Hold Up In Court
8/1/1997“Texas Mechanic’s Lien and Bond Claim Law: The Construction Lien,” Lorman Education Services
2/1/1997“Mock Arbitration,” Panelist, American Subcontractors Association
2/1/1997“Claims and Dispute Resolution Procedures of State Agencies Relating to Construction Contracts,” State Bar of Texas
1/1/1997Causal Association: General and Specific Causation in Toxic Tort Cases
1/1/19971997 Legislative Changes to the Texas Mechanic’s Lien Statutes - Their Impact on Commercial and Residential Construction - Legal Notes Newsletter
1/1/1996“Sword Wielding and Shield-Bearing: An Idealistic Assessment of the Federal Trust Doctrine in American Indian Law
1/1/1996Co-Author, Due Diligence Techniques and Analysis, Quorum Books
10/1/1995“Mock Arbitration,” Panelist, Construction Financial Managers Association
5/1/1995Due Diligence in Corporate Transactions
3/1/1995Why Your Antitrust Compliance Program Doesn't Work,
1/1/1995Howey Doing? Not Very Well: The Confusion Continues as Circuits Struggle to Define a Common Enterprise
1/1/1995Benzene: State of the Science
7/1/1994“Arbitration of Oil and Gas Accounting Disputes,” Council of Petroleum Accountants Societies
3/1/1994“Litigating the Issue of First Level Supervision in the Field — A Case Study,” Petroleum Accountants Society of Houston
2/1/1994“Surety Defenses/Remedies,” State Bar of Texas
1/1/1994New Amendments to the Residential Construction Liability Act Strengthen Protections for Contractors - Legal Notes Newsletter
6/1/1993“Prompt Payment to Sub-Contractors and General Contractors,” Mechanical Contractor’s Association
1/1/1993"Dealing with Intercepted Communications: Title III of the Omnibus Crime Control and Safe Streets Act," 12 The Review of Litigation 441
1/1/1993Prompt Payment to Sub-Contractors and General Contractors — The Legislature Tries a New Approach - Legal Notes Newsletter
1/1/1993Royalty Owner Claims to Take-or-Pay Payments Under the Implied Covenant to Market and the Duty of Good Faith and Fair Dealing
6/1/1992To Register or Not to Register: Is Broker/Dealer Registration for You?
2/2/1992Environmental Issues and the Law
10/1/1991A Lawyers Guide to the Operation of Underwriting Syndicates
2/2/1991EPA Policy Shift Preventing PRP Participation in Superfund Cleanups; Group Challenges Ban
2/1/1991“Products Liability Claims in the Construction Context,” State Bar of Texas
11/1/1990Asset Acquisitions: Caveat Emptor
8/1/1990Environmental Russian Roulette
6/1/1990Law - Journal WPCF
7/1/1989Superfund's NPL: The Listing Process
6/1/1989Law - Journal WPCF
2/1/1989Drinking Water Standards: Uncertainty Prevails
1/1/1989The Legislature Tries Again...The 1989 Amendments to Texas Mechanic’s and Materialmen’s Lien Laws- Legal Notes Newsletter
6/1/1988Law - Journal WPCF, Vol. 60, No. 6
7/1/1987How to Put a Superfund Settlement into Action
1/1/1987“Arbitration vs. Litigation,” Legal Notes Newsletter
1/1/1987“Cleanup Standards,” Superfund A Program in Evolution
12/1/1986The Transmission of Offering Proceeds to Escrow Under Securities Exchange Act Rule 15c2-4
11/1/1986Legal Implications of Chemical Releases
7/31/1986A Guideline to Compliance with Securities Exchange Act Rule 15c2-4
4/1/1985Handling and Releasing Material Information (Good and Bad)
1/1/1985Special Problems of Publicly-Traded Partnerships
5/1/1983Partnership Interests as 'Securities' Under the Securities Act of 1933, Oil and Gas Financing, Current Practice and Anticipated Developments
8/1/1982Waste Exchange Participation and the Potential for Liability - Be Wary of Possible Regulatory Traps
1/1/1982“Securities and Lending—Is the Pledge of Stock as Collateral for a Loan a Transaction to be Regulated Under Federal Securities Law?” 19 Houston Law Review 277
1/1/1981“Private Allocations of Environmental Risks - Contract Considerations,” Expanding Liability in Environmental Law

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