News
Epstein honored by University of Houston Law Center
November, 2011
J. D. Epstein, Of Counsel, was honored by the University of Houston Law Center. As one of the founders of the Health Law & Policy Institute, Mr. Epstein has been involved with the Law Center for more than 30 years as a professor, supporter and adviser. He currently serves as a senior member of the HL&PI Advisory Board. Mr. Epstein has represented thousands of hospitals, nursing homes, home health agencies, HMOs, prepaid group practices, medical staffs and various vendors to the industry throughout the nation, as well as non-health care industry corporations with health care benefit concerns. The Epstein scholarship fund for health law LL.M. students has been established in Mr. Epstein’s honor.
Schulz represents client in contracts valued at $8 million
December, 2011
Partner Stephen G. Schulz represented Tegrity TH1, LLC in the assignment of 57 Homeowner / Contractor Reconstruction Contracts under the City of Galveston, Texas Community Development Block Grant Disaster Recovery Housing Reconstruction Program from Compass Pointe Homes to Tegrity TH1, LLC. The contracts assigned had a value of $8 million.
Katherine Dreiss joins firm
October, 2011
GH&A is pleased to welcome Katherine Dreiss to the firm as a new associate. Ms. Dreiss focuses her practice on banking and real estate law.
Ms. Dreiss received a BS from the University of Houston in 2007 and a J.D. from South Texas College of Law in 2010. She will be working primarily in the Galveston office.
Scott Andrews joins firm
October, 2011
GH&A welcomes Scott Andrews as a new associate. Mr. Andrews has several years of experience in the areas of complex commercial litigation and patent litigation.
Mr. Andrews received a BS from Texas State University, summa cum laude in 2003, an MS from the University of North Texas Health Science Center in 2005, and a J.D. from Texas Tech University School of Law in 2008. He will be working primarily in the firm’s Galveston office.
David Booth joins firm
September, 2011
GH&A welcomes David Booth as a new associate. Mr. Booth has nearly ten years of experience in the areas of admiralty and maritime; onshore/offshore oil and gas litigation; commercial litigation; commercial transportation; insurance defense; personal injury; premises liability; FDCPA/FCRA; and post-judgment enforcement.
Mr. Booth received a BA from the University of Southwestern Louisiana in 1991 and a J.D. from South Texas College of Law in 2001 and will be working primarily in the firm’s Bay Area Houston office.
Meredith Cobb joins firm
June, 2011
GH&A welcomes Meredith Cobb as a new associate. Ms. Cobb focuses her practice on a variety of different financing and real estate transactions, representing numerous financial institutions and business entities, both private and public. She represents both lenders and borrowers in connection with the acquisition, sale, development, construction, and financing of raw land and improved property, including office buildings, apartments, condominiums, retail shopping centers and industrial office parks. Her representation of lenders in commercial loan transactions involves various types of collateral, including real estate, equipment, accounts, inventory, and entity membership interests.
Ms. Cobb received a B.S. in Business Administration from the University of Arkansas, magna cum laude in 1997 and a J.D. from South Texas College of Law, summa cum laude in 2002.
Ms. Cobb is Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization and will be working primarily in the firm’s Bay Area Houston office.
Clarke’s Why Diversity article published
April 4, 2011
Kelly-Ann Clarke’s article, Why Diversity, was published by the American Bar Association in the Section of Litigation Young Advocates Committee’s inaugural E-Newsletter. Ms. Clarke is the immediate past chair of the American Bar Association’s Young Lawyers Division. Click here to read the article. (PDF)
Rushing Serves as Deposition Training Instructor
February, 2011
Litigation Partner Janet Rushing has been selected as an Instructor for the much acclaimed Deposition Training course offered by the National Institute of Trial Advocacy (NITA) at the University of Houston School of Law. Ms. Rushing has been an instructor in this course several times in the last five years.
Court of Appeals Rules Trustee Has Authority to Enter Into Lease and Encumber Trust Assets
February 10, 2011
The First Court of Appeals issued an opinion upholding the right of the Trustee of a Trust whose principal asset is a large ranch in West Texas to enter into a Lease that would extend beyond the measuring life of the Trust. The Court of Appeals also agreed the Trustee has the authority to encumber Trust assets as necessary to preserve the corpus of the Trust. In rejecting the challenge of the Trust beneficiary to these actions, the opinion affirmed the broad authority granted to the Trustee under this particular Trust and well as under the Trust Act. The Court also rejected the beneficiary-Appellant’s challenge to ripeness. The Court approved the Trustee’s conclusion that given the litigious reputation of this beneficiary, as well as disagreement among all the beneficiaries, litigation seemed unavoidable on the issue, and therefore the issue was ripe for review.
The Appellee’s brief was written by Partner John Buckley and Associate Angie Olalde. Ms. Olalde presented the Appellee’s oral argument before the panel that included Justices Keyes, Massengale, and Sharp.
David B.T. Myrick, Jr. v. Moody National Bank, Trustee, No. 01-09-00510-CV On appeal from the 10th District Court of Galveston County, Texas
Buckley Begins Sixth Year as Adjunct Professor at UH School of Law
January 19, 2011
Litigation Partner John A. Buckley, Jr. starts his sixth year as an Adjunct Professor at the University of Houston School of Law teaching Pre Trial Litigation. The course is one of several Advocacy courses taught by practicing attorneys at the University of Houston. The Pre Trial Litigation course takes second and third year law students through a case starting from client interviews, drafting pleadings, conducting discovery, including depositions, participating in a mediation, and motion practice, including arguing their Motions for Summary Judgment before a State Court Judge in the Courthouse in Harris County, Texas.
Buckley and Lamm assist client in obtaining patent.
January 11, 2011
Utilizing the United States Patent and Trademark Office’s recent Green Technologies Expedited Examination Pilot Program, Stefan Stamoulis, a client of the firm, was issued a patent for a tool and method to perforate existing landfill gas recovery wells. Mr. Stamoulis’ tool and method can be utilized at landfill sites to recapture a greater amount of methane gas, thereby reducing emissions into the atmosphere. Attorneys working on this included lead IP counsel Meg Boulware with Boulware and Valoir and Partner John A. Buckley, Jr. and Associate Chris Lamm with Greer Herz and Adams, L.L.P.
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.