News Prior to 2010
GH&A’s Real Estate and Mortgage Lending 2010 Report
In 2010, the Firm’s real estate and mortgage lending attorneys represented lenders in closing $539,566,368.00 of mortgage loans involving office buildings, shopping centers and multi-family residential units in Texas, Florida, South Carolina, North Carolina, Michigan, Illinois, Iowa, Ohio, Arizona, Utah, Hawaii, New Mexico, Alabama, Tennessee, California, Georgia, Pennsylvania, New York, Louisiana, Nevada, Virginia, and Colorado. These closings include permanent financing, construction loans and participating mortgages. In addition, in 2010 Firm attorneys closed commercial sales and acquisitions valued at $59,731,274.00 and clients’ equity investments in limited liability companies and limited partnerships in transactions involving $60,247,167.00.
Members of the Firm’s real estate team participating in these closings include partners, Darryl Levy and Jim Itin, and associate Steve Burzinski.
GH&A closes sale of registered broker-dealer and registered investment advisor
December, 2010
The GH&A Corporate Practice Group advised American National Insurance Company in the sale of its former subsidiary, Securities Management and Research, Inc., a registered broker-dealer and registered investment advisor. The transaction closed December 31, 2010.
GH&A advises client in formation and registration of investment advisor subsidiary
December, 2010
The GH&A Corporate Practice Group advised American National Insurance Company in the formation and registration of an investment advisor subsidiary, American National Registered Investment Advisor, Inc.
Porretto Beach Case Argued in the First Court of Appeals
November 9, 2010
Andrew J. Mytelka argued in the First Court of Appeals on behalf of Appellees, Sonya and Rosemarie Porretto. In January 2009, attorneys with the Firm won a judgment in excess of $5 million on behalf of the Porrettos. In that case, the trial court also found that the State of Texas, through its General Land Office and Jerry Patterson, Land Commissioner, had unconstitutionally taken the Porrettos’ beachfront property, among other findings. The panel consisted of Justices Keyes, Higley, and Bland. The panel requested additional briefing on, among other things, the impact of the Texas Supreme Court’s recent opinion in Carol Severance v. Jerry Patterson, et al. The Severance opinion held, on certified questions from the U.S. 5th Circuit Court of Appeals, that private beachfront properties on Galveston Island’s West Beach are not impressed with a right of public use under Texas law without proof of an easement.
The GH&A team for trial and appeal included partners, Andrew J. Mytelka and Stephen G. Schulz, and associates, Kelly-Ann F. Clarke, Angie Olalde, Lucie Shipp Tredennick, and Austin L. Webber.
Buckley Serves as Deposition Training Instructor
November 4, 2010
Litigation Partner John A. Buckley, Jr. was selected and served as one of the Instructors for the much acclaimed Deposition Training course offered by the National Institute of Trial Advocacy (NITA) at the University of Houston School of Law. Mr. Buckley has been an instructor in this course, as well as the NITA Advanced Deposition course, several times in the last five years.
GH&A Post-Hurricane Ike Updates
November, 2010
GH&A reviewed its disaster recovery plan and took further steps to minimize the business impact of a disaster based on the knowledge gained from surviving Hurricane Ike which struck Galveston Island in September 2008. Network servers were relocated to a remote, secure site which has redundant power and state of the art safety and security measures. All employees were issued laptop computers which will ensure quick connectivity. Web and interoffice connections were upgraded to enterprise class for faster connection speed and enhanced dependability. Software changes include a web-based time and accounting system, an updated document management software, upgraded Microsoft office pro suite, and a new email archiving software searchable from Outlook web access. More recent upgrades include a new cost recovery software and state of the art black and white and color Ricoh multi-function devices for printing, copying and scanning.
GH&A Congratulates J. D. Epstein
October 21, 2010
Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named Jon David Epstein as the “Houston Area Best Lawyers Health Care Lawyer of the Year” for 2011.
After more than a quarter of a century in publication, Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the “Lawyer of the Year.”
Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 17th edition of The Best Lawyers in America (2011) is based on more than 3.1 million detailed evaluations of lawyers by other lawyers.
The lawyers being honored as “Lawyers of the Year” have received particularly high ratings in our surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity.
Steven Naifeh, President of Best Lawyers, says, “We continue to believe – as we have believed for more than 25 years – that recognition by one’s peers is the most meaningful form of praise in the legal profession. We would like to congratulate Jon David Epstein on being selected as the ‘Houston Area Best Lawyers Health Care Lawyer of the Year’ for 2011.”
Schulz obtains specific-use permit
October, 2010
Partner Stephen G. Schulz obtained a specific-use permit for development excavation from the City of Galveston Planning Commission and City Council to dig a canal at Anchor Bay subdivision on the West End of Galveston Island. In 2007, a coalition of West End residents and environmentalists filed a lawsuit against the U.S. Army Corps of Engineers, claiming the agency violated federal laws by allowing the island’s last areas of vacant land to be developed. The suit focused on the permit the Corps issued to Frank Jones and Anchor Bay, Ltd., the Houston developer and development company building a new canal subdivision called Anchor Bay on 142 acres next to the Spanish Grant bayside subdivision. The developers of Anchor Bay intervened in the lawsuit in March of 2008. The Court issued its Final Judgment in March, 2009, which remanded the matter to the Corps for further proceedings and the Court’s injunction was later lifted allowing the specific-use permit to finally be applied for and issued.
The GH&A litigation team included partners, Stephen G. Schulz and Andrew J. Mytelka, and senior counsel, Steven C. Windsor, all of the Firm’s Galveston office.
GH&A Congratulates Austin Webber
September 30, 2010
Austin Webber was sworn in as a licensed member of the New York State Bar Association on September 30, 2010. An interview to determine character fitness was conducted before a review board of licensed attorneys in Albany, NY, where Austin answered questions about himself and the practice of law. Austin is now available to handle legal matters in the State of New York
Clarke Receives Recognition Award
September 25, 2010
The Dickinson-Bay Area Branch of the National Association for the Advancement of Colored People (NAACP) celebrated its 22nd Freedom Fund Banquet. Kelly-Ann Clarke was recognized as one of three distinguished community members. Her recognition was based on her involvement in the State Bar including production of the video "They Had a Dream, Too", other activities in minority issues, and her work on the Katrina/Rita Task Force.
Adams Obtains Dismissal
August 12, 2010
On August 12th, 2010, partner Michael Adams obtained a dismissal with prejudice in the 215th Judicial District Court of Harris County on behalf of SRC Construction, Inc., Salvatore Carabetta and Carabetta Enterprises, Inc. based upon a lack of personal jurisdiction. After a lengthy evidentiary hearing, Judge Sylvia Mathews found that the defendants did not have sufficient contacts with Texas for the court to exercise personal jurisdiction over them.
Assisting Mr. Adams on the case was associate Laura Englert of Greer, Herz & Adams’ Bay Area-Houston office.
Clarke active in American Bar Association Young Lawyers Division
August, 2010
Kelly-Ann Clarke served as Chair of the American Bar Association Young Lawyers Division from August 1, 2009 until August 7, 2010. As Chair, Ms. Clarke oversaw the Division’s activities which included providing in-person and distance learning CLE, professional development and networking opportunities for its 150,000 members. The initiatives for the 2009-2010 bar year included, They Had A Dream Too: Young Leaders of the Civil Rights Movement, a curriculum program designed to educate and inspire students to know their rights and get involved; Making Connections, a member service project to provide young lawyers professional development skills in the area of networking; Touch 10,000 an membership initiative to help newly admitted lawyers understand the benefits of the Young Lawyers Division and the American Bar Association; and a focus on diversity programs related to lawyers with disabilities and gay rights.
Following Ms. Clarke’s term as Chair, she was elected to represent the ABA YLD as a Delegate to the ABA’s House of Delegates through 2013 and appointed to serve as a member of the ABA’s Special Committee on Disaster Response and Preparedness through 2011 and as the liaison to the American Bar Endowment through 2012.
Summary Judgment obtained applying Chapter 245, Texas Local Government Code
April 15, 2010
Greer, Herz & Adams, LLP obtained summary judgment from Judge Wayne Mallia, 405th District Court of Galveston County, on behalf of the firm’s client, MB Harbour, Ltd. MB Harbour, a local real estate developer, intervened in a lawsuit brought by several League City residents against the City of League City to protect its property interests relating to a portion of the former HL&P cooling canal. The plaintiffs sought to have a plat for the Cypress Bay development voided. The firm successfully argued that Chapter 245 of the Texas Local Government Code applies to bar application of League City Code of Ordinances Section 102-10 to the development. In particular, Chapter 245 of the Texas Local Government Code freezes the ordinances applicable to a project from the time that the first application for issuance of a “permit” in a series of permits is filed.
The GH&A team working on this matter included partners, Joe A.C. Fulcher and M. David LeBlanc, and associate, Angela Olalde.
GH&A Congratulates Rushing on Award
2010
Janet L. Rushing was presented the President’s Volunteer Service Award by the President’s Council on Service and Civic Participation in recognition of her work with the Assistance League of the Bay Area, a chapter of the national Assistance League organization. Assistance League of Bay Area is a non-profit organization dedicated to improving the quality of life for at-risk-populations through community-based philanthropic programs. Ms. Rushing is a partner of the Firm in the Bay Area/Houston office.
Melton becomes Certified Paralegal
December, 2009
Amy Melton became certified as a Paralegal in Civil Trial Law by the Texas Board of Legal Specializations. Qualifying with the required number of years practicing as a paralegal and letters of recommendation, Ms. Melton took a test given by the State and became one of the 79 paralegals certified in Civil Trial in the State. Ms. Melton has been employed by the Firm since 2003 and works in the Firm’s Bay Area/Houston office.
GH&A advises in formation of New York insurance company
October 15, 2009
GH&A advised American National Insurance Company in the formation and licensing of a new, wholly-owned New York insurance company, American National Life Insurance Company of New York.
The GH&A team consisted of corporate partner Greg Garrison and associates Chris Lamm, Louis Ducote, and Janelle Canada. GH&A was assisted in this representation by New York counsel.
GH&A advises client in SEC registration
July 21, 2009
Corporate partner Sean Monticello advised client American National Insurance Company in its registration under the Securities Exchange Act of 1934. Such registration was effective July 21, 2009. In addition to providing assistance in drafting the registration statement, Mr. Monticello assisted the company in planning for its new SEC reporting obligations, in preparing or revising corporate policies and committee charters, and in preparing initial beneficial ownership statements.