BEST LAWYERS WILLIAM BREWER III

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1 T E X A S BEST LAWYERS 2008 DALLAS EDITION WILLIAM BREWER III HOW HE FOUGHT FOR STARWOOD AND WON COLLABORATIVE LAW: A KINDER WAY TO DIVORCE SAFER HIGHWAYS EMOTIONALLY CHARGED LOUISIANA VERDICT

2 2008 SURVEY RESULTS D A L L A S E D I T I O N D A L L A S E D I T I O N TEXAS BEST LAWYERS THE LAW OFFICES OF BRANSON FRANK L. Frank L. Branson is the quintessential Texas trial lawyer and a formidable courtroom talent. With more than three decades of experience in the courtroom, his work has improved clients lives and spurred change by those at fault. ASK TEXAS ATTORNEYS AND JUDGES TO NAME the state s top civil attorneys, and Branson s name is sure to surface. Branson has consistently forged a reputation for excellence, and his selection by his peers to the 2008 Best Lawyers in America award marks 20 years of recognition by one of the leading legal compilations in the country. BRANSON AND THE ATTORNEYS at The Law Offices of Frank L. Branson in Dallas offer the resources and legal talent that can help turn the tables in important litigation while placing the power in the hands of the underdog. It s this kind of aggressive and powerful representation that makes defendants sit up and take notice. A RECOGNIZED LEADER IN THE USE OF CUTTING-EDGE TRIAL SCIENCE and courtroom technology, Branson relies on the latest innovations to help bring justice for those injured by dangerous products, medical negligence, trucking accidents and industrial catastrophes. He also is frequently called on by clients in business litigation involving intellectual property, contracts and professional liability disputes. THE LAW OFFICES OF FRANK L. BRANSON BOASTS a team of nine accomplished attorneys, as well as an arsenal of expert scientific analysts and support staff. The firm s hard-won reputation has been built in significant court battles against major automakers, tire manufacturers, trucking companies, airlines, railroads and other big corporations. Along the way, Branson s work in these cases has forced companies to improve the design and safety of their products, supply warnings to patients about dangerous medications, and provide important safety protection for workers in a variety of industries. SOME OF THE FIRM S RECENT JURY VERDICTS AND SETTLEMENTS INCLUDE: A record verdict for the widow of a 77-year-old man who was killed in a wreck caused by a tractor-trailer driver who tested positive for crack cocaine use. A landmark product liability verdict against Mitsubishi Motors when federal jurors determined for the first time that the Montero Sport SUV was unreasonably dangerous. Significant verdict in a commercial airline crash. A significant settlement for a client who was injured in an accident involving swimming pool equipment. A substantial award by a federal judge for the death of a young businessman at a railroad crossing. Branson is the 2007 recipient of the Belli Award recognizing creativity and innovation in the courtroom, as well as numerous other prestigious awards. A Forbes magazine profile described Branson as a legal pioneer, and he has been featured on Dateline, The Larry King Show, NBC Nightly News and 20/20. Frank L. Branson H IGHLAND PARK P LACE, 4514 COLE AVE., SUITE 1800, DALLAS, TX PH: TOLL F REE: FAX: TEXAS BEST LAWYERS ALM law.com/texasbest law.com/texasbest TEXAS BEST LAWYERS ALM 3

3 1717 MAIN S TREET, SUITE 4800, DALLAS, TX P H : FAX: Bickel & Brewer is the premier commercial litigation firm in the country for one reason: its commitment to success at every level. Bickel & Brewer only handles bet-your-business litigation matters that involve substantial financial and business exposure, cutting-edge legal issues or significant public policy questions. And Bickel & Brewer approaches each case with the same goal to achieve the best possible legal outcome for its clients. The firm was founded in Dallas in 1984 and true to its founding, Bickel & Brewer remains single-minded in its pursuit of its clients objectives. Our approach to handling high-stakes litigation is simple, says partner William A. Brewer III. There are no compromises the goal is to obtain the best possible result for every client. PROGRESSIVE AND INNOVATIVE: Bickel & Brewer has always been on the cutting edge. The firm was among the first in the nation to develop an in-house consulting group, a state-of-the-art information management system, and an offshore operation that images and abstracts documents in the most cost-effective manner. The firm is also recognized as a pioneer in the advancement of alternative fee arrangements and, most recently, Bickel & Brewer made national headlines by forming one of the nation s first in-house investigative units. To ensure its competitive edge, Bickel & Brewer recruits the best and the brightest, and pays among the nation s highest salaries. We have always aimed higher than the traditional law firm model, says partner John W. Bickel II. At every opportunity, we look to create a competitive advantage by adding professionals whose talents increase our likelihood of success. RECOGNIZED FOR ITS SUCCESS: The firm s clients range from Fortune 500 companies to the world s leading entrepreneurs. A testament to the significance of Bickel & Brewer s caseload is the collection of news publications that chronicle its work. The Wall Street Journal, The New York Times, Forbes, Fortune, The National Law Journal, The Dallas Morning News and many other prominent media outlets have all recently reported on the firm s legal representation. The firm s leading partners are perennially recognized across the country. Recently, Mr. Brewer was selected by his peers to be listed in Best Lawyers in America in both Texas and New York. CARING FOR THE COMMUNITY: Bickel & Brewer brings its unique brand of advocacy to the community causes in which it becomes involved. The firm s give-it-all approach benefits causes in the areas of education, legal aid and public policy. In 2001, the Bickel & Brewer Foundation founded the Bickel & Brewer Future Leaders Program (FLP), an academic and leadership development program that benefits more than 150 inner-city students. Recognized by the Texas State Board of Education and the Texas Governor s Office, the FLP lights a path to college for deserving students in need. The firm also funds the Bickel & Brewer Storefront, which provides legal services to those facing issues that will have an impact on the greater community. The Storefront is currently making headlines by successfully challenging the illegal immigration ordinances proposed in the Dallas suburb of Farmers Branch. The firm has opposed the ordinances in court, and helped lead an educational and advocacy campaign in the court of public opinion. Our firm is proud to invest in the communities in which we all work and live, says partner James S. Renard. There is no greater privilege for Bickel & Brewer than to provide resources, inspiration and opportunity to those we serve. Progressive, innovative and built from its inception to handle any high-stakes situation, Bickel & Brewer is in the business of protecting its clients when everything is on the line. Pictured (l-r): Bickel & Brewer partners John W. Bickel II, Michael J. Collins, James S. Renard, William A. Brewer III and (seated) Michael S. Gardner

4 2008 SURVEY RESULTS D A L L A S E D I T I O N TEXAS BEST LAWYERS A COMPREHENSIVE GUIDE TO TEXAS LEGAL SUPERSTARS T exas is home to some of the best lawyers in the United States, and the Dallas area has a significant share of that stellar group. From top-ranked plaintiffs personal injury lawyers to commercial litigators to real estate wizards, from those hired by billionaire clients for major business deals to lawyers whose courtroom pyrotechnics land multi-million-dollar verdicts, the Lone Star state has no shortage of legal talent. Dallas is the place that some of the legal profession s greatest innovators choose to practice. Texas lawyers are among the first to embrace new technologies, new trial techniques, new office management systems, and other cutting-edge improvements that give them and their clients a competitive advantage. That s great news for anyone looking for a top-notch attorney to represent them. But among the tens of thousands of lawyers in the area, how do you find someone who s the perfect fit for you? Someone who has all the qualities you need: legal smarts, honesty, integrity, a good work ethic, and satisfied clients? Texas Best Lawyers takes the mystery out of locating a high-quality advocate to protect you, your family, your business and all other assets. The exceptional attorneys listed in The Best Lawyers in America were nominated by and voted in by their peers. Lawyers can t buy their way into this guide. They must earn a spot through exemplary legal work that attracts the notice of their colleagues. To remain on the list, they must be at the top of their game, year after year. Best Lawyers, the leading referral list in the legal profession, and ALM, the nation s leading legal journalism and information company, have teamed up to provide this invaluable resource for readers, whatever your legal needs may be. Lawyers in this guide are arranged by their legal specialty from Administrative Law to Workers Compensation which makes it easy to find the professional advice you need. Whether you re starting a business or selling one, getting married or getting divorced, patenting your invention, litigating a contract, or buying a home there s a talented and highly competent attorney here who can help. Keep this comprehensive guide available for those times when you need a first-rate advocate to assist you. The lawyers listed in Texas Best Lawyers are eager to help. This list is excerpted from the 2008 edition of The Best Lawyers in America, the preeminent referral guide to the legal profession in the United States. Published for a quarter of a century, Best Lawyers lists attorneys in 78 specialties, representing all 50 states and the District of Columbia, who have been chosen through an exhaustive survey in which thousands of the nation s top lawyers confidentially evaluate their professional peers. The 2008 edition of Best Lawyers, which was published in November 2007, is based on more than 2 million evaluations of lawyers by other lawyers. The method used to compile Best Lawyers remains unchanged since the first edition was compiled 25 years ago. Lawyers are chosen for inclusion based solely on a vote of their peers. Listings cannot be bought, and no purchase is required to be included. In this regard, Best Lawyers remains the gold standard of reliability and integrity in lawyer ratings. The nomination pool for the 2008 edition consisted of all lawyers whose names appeared in the previous edition of Best Lawyers, lawyers who were nominated since the previous survey, and new nominees solicited from listed attorneys. In general, lawyers were asked to vote only on nominees in their own specialty in their own jurisdiction. Lawyers in closely related specialties were asked to vote across specialties, as were lawyers in smaller jurisdictions. Where specialties are national or international in nature, lawyers were asked to vote nationally as well as locally. Voting lawyers were also given an opportunity to offer more detailed comments on nominees. Each year, half of the voting pool receives fax or ballots; the other half is polled by phone. Voting lawyers were provided this general guideline for determining if a nominee should be listed among the best : If you had a close friend or relative who needed a real estate lawyer (for example), and you could not handle the case yourself, to whom would you refer them? All votes and comments were solicited with a guarantee of confidentiality a critical factor in the viability and validity of Best Lawyers surveys. To ensure the rigor of the selection process, lawyers were urged to use only their highest standards when voting, and to evaluate each nominee based only on his or her individual merits. The additional comments were used to make more accurate comparisons between voting patterns and weight votes accordingly. Best Lawyers uses various methodological tools to identify and correct for anomalies in both the nomination and voting process. Ultimately, of course, a lawyer s inclusion is based on the subjective judgments of his or her fellow attorneys. While it is true that the lists may at times disproportionately reward visibility or popularity, the breadth of the survey, the candor of the respondents, and the sophistication of the polling methodology largely correct for any biases. For all these reasons, Best Lawyers lists continue to represent the most reliable, accurate and useful guide to the legal profession in the United States. 6 TEXAS BEST LAWYERS ALM law.com/texasbest

5 D A L L A S E D I T I O N TEXAS BEST LAWYERS THE LANIER LAW FIRM,PC W. MARK LANIER is the founder of The Lanier Law Firm. Since the firm first opened in Houston in 1990, Lanier and his team of talented attorneys have compiled a legal track record resulting in well-deserved accolades from fellow lawyers and media members across the United States. During the past year, the firm increased its national presence by establishing two California offices in Los Angeles and Palo Alto. THE TRUTH IS we have been a national firm for years based on all the work we do outside Texas, Lanier explains. With two locations in California in addition to our offices in New York and Houston, we offer top-tier legal representation anywhere in the country. THE LANIER LAW FIRM S New York and Houston offices serve a wide variety of clients in complex business litigation matters, as well as representing individuals in personal injury claims, medical malpractice cases, claims involving mesothelioma (a fatal disease caused by exposure to asbestos), and pharmaceutical litigation against the world s largest drug manufacturers. In California, the firm focuses on intellectual property litigation, maritime law, and mesothelioma cases. WE OFFER TOP-TIER LEGAL REPRESENTATION ANYWHERE IN THE COUNTRY. FROM REPRESENTING a telecommunications company in a California patent infringement case to helping a widowed mom in a New Jersey pharmaceutical claim, the attorneys at The Lanier Law Firm can be found in courtrooms across the United States. IN ADDITION TO EARNING SELECTION to The Best Lawyers in America, Lanier has been honored by some of the leading legal and business publications in the country. The National Law Journal named him one of the nation s Top 10 Trial Attorneys and one of the 100 Most Influential Lawyers in America. The New York Times called him one of the top civil trial lawyers in America FM 1960 WEST HOUSTON, TX PH: TOWER EAST 56TH STREET, 6TH FLOOR NEW YORK, NY PH: CENTURY PARK EAST, 14TH FLOOR LOS ANGELES, CA PH: LYTTON AVENUE, 2ND FLOOR PALO ALTO, CA PH: W. Mark Lanier law.com/texasbest TEXAS BEST LAWYERS ALM 7

6 2008 SURVEY RESULTS D A L L A S E D I T I O N Introduction 6 Featured Law Firm Index 10 Victory for Starwood Hotels & Resorts In Multi-Million Dollar Dispute 15 A Kinder and Gentler Way To Divorce 12 Safer Highways 17 Emotionally Charged Verdict in Louisiana 21 Please note that only those lawyers selected for inclusion in The Best Lawyers in America from the Dallas metro area are included in the listings in this publication. Listed lawyers with profiles or advertisements from outside this area are also included in the listings in this edition. For the full list of lawyers selected for inclusion in Best Lawyers in Texas, please visit TEXAS BEST LAWYERS BY SPECIALTY Administrative Law 14 Alternative Dispute Resolution 14 Antitrust Law 14 Appellate Law 14 Banking Law 16 Bankruptcy and Creditor-Debtor Rights Law 16 Bet-the-Company Litigation 16 Collaborative Law: Family Law 20 Commercial Litigation 20 Communications Law 22 Construction Law 22 T E X A S B E S T LAWYERS 2008 DALLAS EDITION Corporate Governance and Compliance Law 22 Corporate Law 22 Derivatives Law 22 Elder Law 22 Eminent Domain and Condemnation Law 22 Employee Benefits Law 22 Energy Law 23 Entertainment Law 23 Environmental Law 23 Equipment Finance Law 23 Family Law 23 Family Law Mediation 24 First Amendment Law 24 Franchise Law 24 Gaming Law 24 Government Relations Law 24 Health Care Law 24 Immigration Law 24 Information Technology Law 24 Insurance Law 24 Intellectual Property Law 25 International Arbitration 25 International Trade and Finance Law 25 Labor and Employment Law 25 Land Use & Zoning Law 26 Legal Malpractice Law 26 Leveraged Buyouts and Private Equity Law 26 Maritime Law 26 Mass Tort Litigation 26 Medical Malpractice Law 26 Mergers & Acquisitions Law 26 Municipal Law 26 Native American Law 26 Natural Resources Law 26 Non-Profit/Charities Law 28 Non-White-Collar Criminal Defense 28 Oil & Gas Law 28 Personal Injury Litigation 28 Private Funds Law 29 Product Liability Litigation 29 Professional Malpractice Law 30 Project Finance Law 30 Public Finance Law 30 Railroad Law 30 Real Estate Law 30 Securities Law 30 Sports Law 30 Structured Finance Law 30 Tax Law 30 Technology Law 34 Transportation Law 34 Trusts and Estates 34 White-Collar Criminal Defense 34 8 TEXAS BEST LAWYERS ALM law.com/texasbest

7 D A L L A S E D I T I O N LOEWINSOHN FLEGLE DEARY L.L.P. TEXAS BEST LAWYERS RESULTS......LOUDER THAN WORDS REPRESENTING PLAINTIFFS AND DEFENDANTS IN COMPLEX CIVIL LITIGATION AND ARBITRATION, INCLUDING INTELLECTUAL PROPERTY LITIGATION LOEWINSOHN FLEGLE DEARY L.L.P. Jim Flegle David Deary Alan Loewinsohn MERIT D RIVE, SUITE 900 D ALLAS, TX P HONE: COM We re here to help. You deserve a Family Lawyer selected for inclusion in The Best Lawyers in America. We have five. McCurley Orsinger McCurley Nelson & Downing is among the largest law firms in Texas devoted exclusively to Matrimonial Law. With more than 135 years of combined experience, we know how to prepare thoroughly and work aggressively to protect your best interests. And we pledge to always treat you with dignity and respect. Call us for a confidential consultation. A nationally prominent firm practicing solely in Family Law Mike McCurley, Richard Orsinger, Mary Jo McCurley, Scott Downing, and Keith Nelson have been selected by their peers in Family Law for inclusion in the Best Lawyers in America Orsinger has also been selected in Appellate Law Sherry Lane, 8th FL. Dallas, Texas Tower Life Bldg. San Antonio, Texas All name partners are Board Certified in Family Law by the Texas Board of Legal Specialization. Richard Orsinger is also Board Certified in Appellate Law by the Texas Board of Legal Specialization. law.com/texasbest TEXAS BEST LAWYERS ALM 9

8 2008 SURVEY RESULTS D A L L A S E D I T I O N T E X A S B E S T LAWYERS 2008 DALLAS EDITION I N D E X O F F E A T U R E D F I R M S Bickel & Brewer 4 Bires & Schaffer 33 Cooper & Scully 32 Crain Lewis 29 Dallas Alliance of Collaborative Professionals 18 Donald R. Philbin, Jr. 33 Franklin, Cardwell and Jones 31 Gardere Wynne Sewell Back Cover Geary, Porter & Donovan 16 Gordon, Arata, McCollam, Duplantis & Eagan 28 Haltom & Doan 32 Heim, Payne & Chorush 31 Hermes Sargent Bates 32 Jackson & Hagen 32 John R. Pitts 33 Jones Geisler 25 Kenneth A. Wright 33 Kessler & Collins 32 Lanier Law Firm 7 Law Offices of Frank L. Branson 2 Law Offices of Joe H. Staley, Jr. 31 Loewinsohn Flegle Deary 9 Loveless & Loveless 32 McCurley Orsinger McCurley Nelson & Downing 9 McKool Smith 11 Mithoff Law Firm 35 Radnofsky Mediation Services 33 Ronald G. Woods 33 Shackelford Melton & McKinley 27 Shook, Hardy & Bacon 32, 33 Shuford Law Firm 23 Sidley Austin 32 Webb & Associates TEXAS BEST LAWYERS ALM law.com/texasbest

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10 2008 SURVEY RESULTS D A L L A S E D I T I O N COLLABORATIVE LAW: A KINDER AND GENTLER WAY TO F or divorcing couples, especially those with children, the process of ending a marriage is often more painful than what drove them apart in the first place. Litigation is expensive and can destroy any hope that the two parties will get along in the future. If a marriage must end, isn t there a better way than fighting it out in court? The answer is yes, to the relief of many clients and their lawyers, too. The alternative is called Collaborative Law, and it s taking Texas by storm. The process is kid-friendly, businessfriendly, and, I think, pocketbook-friendly, too, says Kevin Fuller of Koons, Fuller, Vanden Eykel & Robertson PC, a Dallas divorce attorney consistently selected for inclusion in The Best Lawyers in America, and president of the Collaborative Law Institute of Texas. How does Collaborative Law work? Both spouses and their attorneys must agree in writing not to take the matter to court. They commit to working together to resolve all of the related issues, including child custody, property division, and financial matters. If the parties cannot work out their differences and the case can t be resolved without a judge, the two lawyers must withdraw and the spouses have to start all over again with new lawyers to litigate. This method is gaining popularity because it s kinder and gentler for the parties, for any children involved, and for the lawyers, too. Without the threat of court hanging over their heads, the spouses and their attorneys have no incentive to hurl threats or make accusations that are counterproductive and sour their ability to co-parent after the divorce, one aspect which can needlessly drag out the process. Collaborative lawyers note that almost all divorces filed in court end up settling anyway, so it makes more sense to start from that point. But Collaborative Law is T HE PROCESS IS KID- FRIENDLY, BUSINESS- FRIENDLY, AND, I THINK, POCKETBOOK- FRIENDLY, TOO." KEVIN F ULLER different from mediation because each party has a lawyer representing his or her interests, so one party can t mistakenly agree to something he or she didn t really understand or which isn t fair. A Collaborative divorce takes less time because the parties are committed to working out their differences quickly instead of digging in their heels, hiding information, and other delay tactics. As a result, it is generally less expensive often much less expensive. The average cost of legal fees for a Collaborative divorce is $26,950, or about $13,000 for each spouse, says Norma Levine Trusch, a Houston family lawyer who was one of the first to bring the Collaborative model to Texas, and past president of the International Academy of Collaborative Professionals. Fuller says that the fees clients pay him when a case is litigated are astronomical compared to his fees in a collaborative case. In the last two years, I ve handled two heavily litigated cases. The legal fees on those two cases exceeded my [combined] legal fees on 42 Collaborative Law cases, he says. On average, the Collaborative process takes about 16 hours to resolve a divorce, or about eight two-hour meetings between the parties with their lawyers present, says Gay G. Cox, a Dallas attorney who has been selected for inclusion in The Best Lawyers in America, who has handled more than 35 Collaborative cases. Seventy-three percent of Collaborative cases are resolved in six months or less, she notes. And the 12 TEXAS BEST LAWYERS ALM law.com/texasbest

11 D A L L A S E D I T I O N TEXAS BEST LAWYERS HANDLE DIVORCE process leaves the parties in control of the case instead at the mercy of the court. Clients come in to me and say, We don t want anything nasty, we don t want this to be a war, we want an amicable divorce, says Cox, who is on the board of the International Academy of Collaborative Professionals. They ve heard all the stories of people who did it the hard way and they don t want any part of it. For some of them, this is their second divorce, and they learned the hard way. Cox says many of her clients are lawyers themselves, who know better than anyone just how expensive and unpleasant the adversarial process is. Lawyers don t want to pay legal fees to fight in a courtroom over a family law matter. They prefer to work out their differences in an amicable way, she says. Collaborative Law was created about 15 years ago by Minnesota divorce lawyer, Stu Webb, who was heartbroken over the destruction wreaked by litigating family cases in court. Even when his clients won, he realized, they often were so ravaged by the process that they were angry at him and completely unable to work in a positive way with their ex-spouse to co-parent. Webb felt that everyone involved, including himself, was being harmed, and he created an alternative that steers all the stakeholders to work together for a constructive resolution. The new system took off like wildfire. There are now Collaborative Law groups throughout the United States, including in most areas of Texas. There are also collaborative law groups in Australia, Austria, Canada, England, France, Ireland, New Zealand, and Switzerland, and a group in training in Uganda, says Trusch. Lawyers who use the collaborative method go through a training process at a Collaborative Law institute or local bar association. The process isn t just for so-called easy cases. According to Cox, a study by The International Academy of Collaborative Professionals found that only 21 percent of cases could be categorized as easy, and 50 percent could be described as difficult or very difficult. Says Cox, What that tells us is that the people who choose this process aren t those with no conflict or who have very simple matters that they can work out around the kitchen table. No, this process is for some of the most difficult cases. Some lawyers are also hoping to expand the model beyond divorce into other kinds of disputes such as business disputes and probate matters. The beauty of Collaborative Law is that it can help people get past the dispute without destroying their relationships, Trusch says. A will contest, for example, is a situation in which the parties may have long-standing relationships that could be permanently soured by litigation. If you can get them through the process in a way that doesn t totally alienate them from each other, it s better for everyone, she says. Texas was the first state to have a statute defining and approving the use of collaborative law under appropriate circumstances. The ethics committee of the American Bar Association has also approved lawyers using this model, as long as clients are fully informed about how it works. Texas is also the first state to offer a certain kind of multidisciplinary model for collaborative cases, in which the parties and their attorneys are joined by a mental health professional and a financial planner to help them work through the issues. This reliance on neutral coaches as opposed to each spouse working separately with a therapist or accountant is very helpful, says Paula Larsen, a former judge now a family lawyer with Goranson, Bain, Larsen, Greenwald, Maultsby & Murphy, PLLC in Dallas. Larsen says that having a mental health professional keeps communication going when the discussions get emotional; a financial planner, meanwhile, helps the couple develop different options for dividing property. C LIENTS COME IN TO ME AND SAY, WE DON' T WANT ANYTHING NASTY, WE DON' T WANT THIS TO BE A WAR, WE WANT AN AMICABLE DIVORCE. GAY G. C OX Why does Larsen prefer resolving divorces through the Collaborative method? I think people get better results, and they re happier, she says. I was a judge for 11 years, I ve seen all sides of this, and I know the courthouse doesn t have any answers. For those who can t afford a lawyer at all, there s good news: a brand-new pilot program that offers free collaborative law and mediation services to people in need in the family district courts in Dallas County. A number of judges have agreed to participate in the program, which was initiated last fall by the Dallas Alliance of Collaborative Professionals, whose members have volunteered to assist qualified people referred by the courts. There are a number of Collaborative Law associations in Texas, including the Collaborative Law Institute of Texas, which has lawyers throughout Texas including in Houston and Dallas; and the Dallas Alliance of Collaborative Professionals, which includes lawyers, mental health professionals, and financial planners in Dallas, Plano, and McKinney. In Houston, there is Collaborative Family Lawyers of Houston and the Alliance of Collaborative Family Lawyers. In both cities, the bar associations also have sections dedicated to Collaborative Law. Elaine McArdle law.com/texasbest TEXAS BEST LAWYERS ALM 13

12 2008 SURVEY RESULTS D A L L A S E D I T I O N T E X A S B E S T LAWYERS 2008 EDITION ADMINISTRATIVE LAW Brown, Dean, Wiseman, Liser, Proctor & Hart Fort Worth, TX RICHARD W. WISEMAN Hunton & Williams Dallas, TX RICHARD L. ADAMS Kelly, Hart & Hallman Fort Worth, TX DEE J. KELLY, SR., DEE J. KELLY, JR. ALTERNATIVE DISPUTE RESOLUTION Radnofsky Mediation Services Houston, TX BARBARA A. RADNOFSKY Page 33 ROBERT W. JORDAN Burdin Mediations Dallas, TX J. MICHAEL AMIS, MARY M. BURDIN, SUZANNE DUVALL Christopher Marc Nolland Dallas, TX CHRISTOPHER MARC NOLLAND Donald R. Philbin San Antonio, TX DONALD R. PHILBIN Page 33 Earl F. Hale, Jr. Dallas, TX EARL F. HALE, JR. Edwin G. Bell Fort Worth, TX EDWIN G. BELL Ford Nassen & Baldwin Dallas, TX JEFFREY A. FORD, WILLIAM B. SHORT, JR. Gay G. Cox Dallas, TX GAY G. COX Page 18 Gaynell C. Methvin Dallas, TX GAYNELL C. METHVIN Gilbert Mediation Group Dallas, TX COURTENAY L. BASS, WALTER E. PARKER, JR. Greenberg Traurig Dallas, TX HUGH E. HACKNEY JAMS Dallas, TX CECILIA H. MORGAN Jerome S. Levy Dallas, TX JEROME S. LEVY John W. Hughes Aledo, TX JOHN W. HUGHES Kenneth Jay Rubenstein Dallas, TX KENNETH JAY RUBENSTEIN Lawrence R. Maxwell, Jr. Dallas, TX LAWRENCE R. MAXWELL, JR. Locke Lord Bissell & Liddell Dallas, TX JOHN L. ESTES Lyon Gorsky Baskett Dallas, TX MARK W. GILBERT Maxel B. Silverberg Dallas, TX MAXEL B. SILVERBERG Pratt & Yungblut Arlington, TX DONALD O. PRATT Ross W. Stoddard III, Attorney Mediator Irving, TX ROSS W. STODDARD III Sherrie R. Abney Carrollton, TX SHERRIE R. ABNEY Sidney Stahl Dallas, TX SIDNEY STAHL Ted M. Akin Dallas, TX TED M. AKIN The Law Offices of Kay Elkins Elliot Fort Worth, TX KAY ELKINS ELLIOTT The Wilson Law Firm Tyler, TX JAMES W. KNOWLES Will Pryor Dallas, TX WILL PRYOR WILLIAM FRANK CARROLL, JAY J. MADRID Woods-May-Matlock Dallas, TX ROBERT J. MATLOCK Page 18 ANTITRUST LAW Andrews Kurth Dallas, TX JERRY L. BEANE Gardere Wynne Sewell Dallas, TX MARK W. BAYER, CURTIS L. FRISBIE, JR Back Cover Gibson, Dunn & Crutcher Dallas, TX M. SEAN ROYALL STACY L. BRAININ, RONALD W. BREAUX, ROBIN P. HARTMANN, DAVID R. MCATEE II, BARRY F. MCNEIL ROBERT M. COHAN Jones Day Dallas, TX THOMAS R. JACKSON Law Offices of Alan W. Harris Dallas, TX ALAN W. HARRIS Locke Lord Bissell & Liddell Dallas, TX JOHN H. MCELHANEY McGlinchey Stafford Dallas, TX CRAIG LEWIS CAESAR GREGORY S.C. HUFFMAN, TIMOTHY R. MCCORMICK ROBERT C. WALTERS, RUSSELL YAGER APPELLATE LAW SAMARA L. KLINE Cantey & Hanger Fort Worth, TX STEPHEN LYLE TATUM Carrington, Coleman, Sloman & Blumenthal Dallas, TX JEFFREY S. LEVINGER, MARVIN S. SLOMAN BEN TAYLOR NINA CORTELL, SHARON N. FREYTAG Haynes and Boone Fort Worth, TX KAREN S. PRECELLA Hogan & Hogan Houston, TX JENNIFER BRUCH HOGAN, RICHARD P. HOGAN, JR. Kelly, Hart & Hallman Fort Worth, TX DAVID KELTNER Law Offices of Deborah Hankinson Dallas, TX DEBORAH G. HANKINSON McCurley Orsinger McCurley Nelson & Downing Dallas, TX RICHARD R. ORSINGER Page 9 Powell & Pearce Dallas, TX SIDNEY K. POWELL Sorrels, Udashen & Anton Dallas, TX ROBERT UDASHEN, GARY A. UDASHEN Strasburger & Price Dallas, TX ROYAL H. BRIN, JR., P. MICHAEL JUNG G. LUKE ASHLEY, SCOTT P. STOLLEY THOMAS S. LEATHERBURY William V. Dorsaneo, III Dallas, TX WILLIAM V. DORSANEO III 14 TEXAS BEST LAWYERS ALM law.com/texasbest

13 D A L L A S E D I T I O N TEXAS BEST LAWYERS EXCEPTIONAL CASE VICTORY FOR STARWOOD HOTELS & RESORTS IN MULTI-MILLION DOLLAR DISPUTE A t first blush, a complex lawsuit against a luxury hotel management company for the way it handles its centralized reservations system and other services may not appear particularly mesmerizing until you start talking dollars. At stake was more than $200 million in potential damages against Starwood Hotels & Resorts Worldwide, Inc., which owns or manages more than 850 properties in 95 countries around the world, including such top-tier hotel brands as Westin, Sheraton, St. Regis, and Le Meridien. The invisible hand of centralized services in the management system run by Starwood includes such things as reservations, human resources, marketing, and special programs like the Starwood Preferred Guest Program. Starwood believes that by having these activities directed by the management company, they are more efficient and, in the end, save guests money. In 2001, Starwood was sued in relation to its ownership and management of two Westin hotels, one in Chicago and the other in San Francisco. The plaintiffs claimed that in administering its centralized management services, Starwood preferred its own profitability and interests over those of the owners of the hotels. The plaintiffs were represented by Cecelia L. Fanelli of Stroock & Stroock & Lavan in New York. Fanelli could not be reached for comment. As daunting as a loss of several hundred million dollars would be, there were much larger stakes looming in the case. If Starwood failed in the litigation, scores of other hotel owners might join together to file a class action on a similar claim, resulting in possible financial disaster for the company. Starwood relied on its own high-priced gunslingers to foil the claim: Dallas-based Bickel & Brewer, one of Texas s fiercest trial firms. William A. Brewer III, the firm s co-founder, has the highest hourly rate of any lawyer in Texas, $1,050 per hour. (The starting salary for first-year lawyers at the firm is $175,000, plus potential for bonus, widely reported as the highest in Texas as well.) Brewer is nationally known not only as a litigator but a leading innovator in the legal world; for one thing, his firm includes a team of former FBI investigators and 20 business specialists on staff to assist in litigating complex civil matters. In Starwood s eyes, Brewer s fee was money well-spent. After a 17-month arbitration process and a two-week trial, Starwood in 2006 soundly defeated its opponent on every claim. The victory reaffirmed Bickel & Brewer s position as one of the leading hospitality litigation firms in the world. From the start, the defense team was steadfast in its position that Starwood had done nothing improper in running its management services and had always operated fairly with regard to the hotels. Because of the potential for other lawsuits should the company settle lose, the case was a quintessential bet-the-company lawsuit, Brewer says. Everybody knew, as we were going through the trial, that if we were not successful that waiting in the wings was a potentially untold array of damages from all the other owners, Brewer says. I knew everybody in the industry was watching and that everybody who owned a Westin or Sheraton was watching. If [the plaintiffs] showed that Starwood was self-interested or self-dealing or not proceeding in best interests of the owners, there would be a ripple effect, so we knew we were playing on stage in front of a big audience. Brewer never entertained the thought of settling the matter. It s easy, when someone is suing you for a couple of hundred million, and the implications have billions in consequences, to talk yourself into a settlement of $80 million or $120 million to ward off the threat, he adds. AT STAKE WAS MORE THAN $200 MILLION IN POTENTIAL DAMAGES AGAINST STARWOOD HOTELS & RESORTS WORLDWIDE, INC. I m proud of my client because they said, If our conduct was appropriate and our motives were appropriate, we are going to try the case. Brewer says he pushed to get the case to trial on schedule. He also lined up a series of top executives as witnesses to describe Starwood s business practices and to demonstrate that they were fair in their dealings with hotels. They told a story, and I had very little doubt that if we did that, that these three panel members or any accumulation of impartial folks, it could have been a jury of 12 would judge their credibility and find that Starwood was doing the best they could, and, in fact, was doing a hell of a job, says Brewer. The trial also benefited from many of the innovations Brewer has helped pioneer, including relying on his team of in-house business consultants and investigators. The three-person arbitration panel, which included a former judge from the supreme court of Washington state, found that the plaintiffs failed to prove any misconduct by Starwood that violated any contractual, fiduciary or other legal duty owed to the plaintiffs. The panel called the plaintiffs main theory of damages entirely speculative and highly improbable and also said that the total damages sought by [the plaintiffs] were inflated, unsupported, and lacking in credibility. The trial, says Brewer, was one of those trials that trial lawyers love because we had tremendous decision-makers. We had a former Supreme Court judge, who was fun, and we also had two very able and experienced trial lawyers. They enjoyed lawyers who knew how to handle themselves on their feet. And, he adds, We certainly were happy about the result. Elaine McArdle law.com/texasbest TEXAS BEST LAWYERS ALM 15

14 2008 SURVEY RESULTS D A L L A S E D I T I O N BANKING LAW Andrews Kurth Dallas, TX DAVID BARBOUR RODERICK A. GOYNE, ROD PHELAN Bracewell & Giuliani Dallas, TX SANFORD M. BROWN, MARK B. KNOWLES Gardere Wynne Sewell Dallas, TX DAN L. NICEWANDER Back Cover TERRY W. CONNER, KENNETH A. ROGERS, ROBERT E. WILSON Hunton & Williams Dallas, TX DANIEL C. GARNER LARRY VAN SMITH Jameson & Powers Dallas, TX GENE L. JAMESON Jones Day Dallas, TX THOMAS E. GILLESPIE Kirkpatrick & Lockhart Preston Gates Ellis Dallas, TX GARY G. NULL Law Office of Linton Barbee Dallas, TX LINTON ELZIE BARBEE Munsch Hardt Kopf & Harr Dallas, TX JEFFREY D. DUNN Robert F. See, Jr. & Associates Dallas, TX ROBERT F. SEE, JR. DOROTHY H. BJORCK, O. PAUL CORLEY, JR., JAMES A. DONOHOE, M. LAWRENCE HICKS, JR., ROBERT B. JACKSON, JAMES W. MCKELLAR, JOHN W. RAIN, HARRY M. ROBERTS, JR., BEN B. WEST JAMES A. MARKUS, JAMES STANLEY MATTHEWS, VALINDA B. WOLFERT, WILLIAM D. YOUNG Weil, Gotshal & Manges Dallas, TX GLENN D. WEST IRA D. EINSOHN, MICHAEL W. HILLIARD, JAMES R. LITTLEJOHN, T. RANDALL MATTHEWS, MICHAEL K. O NEAL, MELISSA RUMAN STEWART, DANIEL F. SUSIE BANKRUPTCY AND CREDITOR-DEBTOR RIGHTS LAW Akin Gump Strauss Hauer & Feld Dallas, TX CHARLES R. GIBBS JACK L. KINZIE, JAMES PRINCE II, JUDITH W. ROSS Bracewell & Giuliani Dallas, TX SAMUEL M. STRICKLIN Carrington, Coleman, Sloman & Blumenthal Dallas, TX STEPHEN A. GOODWIN MICHAEL W. ANGLIN, TOBY L. GERBER, LOUIS R. STRUBECK, JR. Gardere Wynne Sewell Dallas, TX STEPHEN A. MCCARTIN, HOLLAND N. O'NEIL, RICHARD M. ROBERSON, DEIRDRE B. RUCKMAN Back Cover Gibson, Dunn & Crutcher Dallas, TX MICHAEL A. ROSENTHAL Greenberg Traurig Dallas, TX CLIFTON R. JESSUP, JR., BRUCE H. WHITE Hance Scarborough Wright Ginsberg Brusilow Dallas, TX E. PAUL KEIFFER, FRANK J. WRIGHT ROBERT D. ALBERGOTTI, ROBIN E. PHELAN Haynes and Boone Fort Worth, TX JOHN D. PENN, STEPHEN M. PEZANOSKY Hunton & Williams Dallas, TX MICHAEL S. HELD Jenkens & Gilchrist Dallas, TX VERNON O. TEOFAN Kane, Russell, Coleman & Logan Dallas, TX JOSEPH M. COLEMAN Kelly, Hart & Hallman Fort Worth, TX MICHAEL A. MCCONNELL MacDonald + MacDonald Dallas, TX MARK E. MACDONALD Munsch Hardt Kopf & Harr Dallas, TX E. LEE MORRIS, RUSSELL L. MUNSCH, JOSEPH J. WIELEBINSKI Neligan Tarpley Andrews & Foley Dallas, TX PATRICK J. NELIGAN, JR. Rochelle, Hutcheson & McCullough Dallas, TX MICHAEL R. ROCHELLE Shannon, Gracey, Ratliff & Miller Fort Worth, TX JOHN Y. BONDS III DAVID M. BENNETT, JAMES A. DONOHOE, PETER J. RILEY JOSIAH M. DANIEL III, PAUL E. HEATH, JAMES J. LEE, JAMES A. MARKUS, DANIEL C. STEWART, WILLIAM L. WALLANDER Weil, Gotshal & Manges Dallas, TX MARTIN A. SOSLAND DAVID W. ELMQUIST, R. MICHAEL FARQUHAR BET-THE-COMPANY LITIGATION ROD PHELAN Cagle Broiles Fort Worth, TX ROWLAND DAVID BROILES Carrington, Coleman, Sloman & Blumenthal Dallas, TX JAMES E. COLEMAN, JR., FLETCHER L. YARBROUGH GEORGE W. BRAMBLETT, JR., NINA CORTELL Kelly, Hart & Hallman Fort Worth, TX DONALD E. HERRMANN, MARSHALL M. SEARCY, JR. Kirkpatrick & Lockhart Preston Gates Ellis Dallas, TX ROBERT H. MOW, JR. 16 TEXAS BEST LAWYERS ALM law.com/texasbest

15 D A L L A S E D I T I O N TEXAS BEST LAWYERS EXCEPTIONAL CASE S A F E R H I G H W A Y S H ow safe are Texas highways? A little bit safer, hopes attorney Frank L. Branson, after landing a $20.7 million jury verdict last year against a trucking company and a driver who admitted he smoked crack the day before a 2004 accident that killed a man. The Dallas Morning News featured the fatality in a three-part investigative series on truck accidents in Texas caused by convicted felons, including those who received their commercial drivers licenses through prison employment programs. Branson hopes that the verdict and the media s interest given to it catch the attention of the trucking industry and place a public spotlight on its hiring practices. In most instances, it is not illegal for trucking companies to hire drivers with criminal records. But Branson convinced a jury that Dallas-based EnviroClean Management Services, which transports medical waste including blood and body parts, was negligent in hiring Turner Yarborough, a convicted felon who plowed his 18-wheeler into a line of cars on the LBJ Highway in North Texas, severely injuring 76-year-old Robert Bohne, who died five months later. The 2007 verdict is believed to be the largest ever in a Texas truck accident and is particularly large given that both the deceased and his widow were elderly, Branson says. The case settled several months ago for a confidential amount, with both sides agreeing to forgo appeal of the verdict. I think the jury did the only thing we as citizens can do to effect change, says Branson, whose offices are in Dallas but represents clients throughout the state. This man should never have been hired to drive any kind of commercial vehicle. He had a proven history of not being a trustworthy driver. The jury said enough s enough. The day before the wreck, Yarborough testified that he smoked crack for six hours. Although he claimed he was no longer under the influence of drugs when the accident occurred, cocaine was found in his system after a drug test required by the Department of Transportation was conducted later that day. Police had ticketed Yarborough at the scene of the accident, in which three other people besides Bohne were injured, but did not test him for drugs or alcohol or charge him with any crime. Bohne sustained serious injuries including broken ribs, a collapsed lung, and a traumatic brain injury. He never left the hospital and died from his injuries 162 days I THINK THE JURY DID THE ONLY THING WE AS CITIZENS CAN DO TO EFFECT CHANGE." FRANK L. BRANSON after the accident. The lawsuit was brought on behalf of his widow, 84-year-old Kathleen Bohne, and his estate. The plaintiffs contended that EnviroClean was negligent in not conducting a background check of Yarborough, who had also caused a wreck several years earlier, when he was driving a Dallas city bus and ran into a utility pole, injuring a passenger. At his deposition for the Bohne case, Yarborough said he had cocaine in his system during the earlier bus accident. He also had numerous criminal convictions including driving with a suspended license, driving without insurance, larceny by check, and marijuana possession. He testified that he disclosed his criminal record on his job application with EnviroClean but they didn t ask him about it. The plaintiffs also claimed that EnviroClean should have but did not perform random drug tests on Yarborough. The defense contended that the accident was caused by another truck which fled the scene. An anonymous 911 call was placed at the time of the accident, describing a different truck with a particular logo, says defense attorney Tom Fee of Fee, Smith, Sharp & Vitullo in Dallas. Our defense going in was causation of the accident, says Fee, and the key evidentiary component of that was a 911 call supporting the fact there was another truck involved, which we felt was consistent with the evidence. The judge felt it was unreliable hearsay. I m not attacking the judge and whether his ruling was right or wrong, and there was no current case law in Texas that addressed the admissibility of an unidentified 911 call. Fee notes that there is no legal requirement that force trucking companies to conduct criminal background checks before hiring drivers. However, he concedes that EnviroClean should have conducted a check of Yarborough s driving record, which would have revealed the earlier bus accident. That was a big deal to the jury, which kind of inflamed them, which is consistent with their award, says Fee. At trial, to counter the defense claim that a different truck was to blame, Branson relied on a paint compound expert who linked paint smears on the plaintiff s car to Yarborough s truck. Branson also used computer graphics and animations to demonstrate the pain and suffering Bohne endured before he died. Mr. Bohne received a number of broken ribs in the accident, which makes it very painful to breathe every time you inhale and exhale, says Branson. Eventually fluid collected in his lungs, and Mr. Bohne died of pulmonary arrest. As in all of Branson s trials, his wife, Debbie Branson, an attorney with an advanced degree in psychology, handled the jury selection. After deliberating four hours, the jury found that Yarborough and Continued on page 31 law.com/texasbest TEXAS BEST LAWYERS ALM 17

16 2008 SURVEY RESULTS D A L L A S E D I T I O N McKool Smith Dallas, TX MIKE MCKOOL, JR Page 11 Sayles/Werbner Dallas, TX RICHARD A. SAYLES, MARK S. WERBNER Shannon, Gracey, Ratliff & Miller Fort Worth, TX KLEBER C. MILLER Susman Godfrey Dallas, TX TERRELL W. OXFORD JOHN H. MARTIN WILLIAM B. DAWSON COLLABORATIVE LAW: FAMILY LAW Allison and Johnson Plano, TX JODY L. JOHNSON Page 18 Calabrese Associates Dallas, TX CARLA M. CALABRESE Page 18 Gay G. Cox Dallas, TX GAY G. COX Page 18 Goranson, Bain, Larsen & Greenwald Dallas, TX PAULA LARSEN Verner & Brumley Dallas, TX JANET P. BRUMLEY Page 18 Woods-May-Matlock Dallas, TX ROBERT J. MATLOCK Page 18 COMMERCIAL LITIGATION Andrews Kurth Dallas, TX JERRY L. BEANE Baker & McKenzie Dallas, TX BRIAN J. HURST BRYANT C. BOREN, JR., LARRY D. CARLSON, TIMOTHY S. DURST, SAMARA L. KLINE, GEORGE C. LAMB III, TIMOTHY W. MOUNTZ, RONALD L. PALMER, ROD PHELAN, ROBB L. VOYLES Barlow Garsek & Simon Fort Worth, TX JAMES B. BARLOW Baron & Budd Dallas, TX GARY J. CRUCIANI Bickel & Brewer Dallas, TX WILLIAM A. BREWER III Page 4 Brown McCarroll Longview, TX S. CALVIN CAPSHAW Brown, Dean, Wiseman, Liser, Proctor & Hart Fort Worth, TX BEALE DEAN Cagle Broiles Fort Worth, TX ROWLAND DAVID BROILES Cantey & Hanger Fort Worth, TX STEPHEN LYLE TATUM Carrington, Coleman, Sloman & Blumenthal Dallas, TX JAMES E. COLEMAN, JR., JEFFREY S. LEVINGER, MARVIN S. SLOMAN, FLETCHER L. YARBROUGH Cobb Martinez Woodward Dallas, TX WILLIAM D. COBB, JR. Collins & Basinger Dallas, TX RICHARD D. PULLMAN Cowles & Thompson Dallas, TX SIM ISRAELOFF Figari & Davenport Dallas, TX DONALD COLLELUORI, MARK TALBOT DAVENPORT, A. ERIN DWYER, ERNEST E. FIGARI, JR. Fish & Richardson Dallas, TX PAUL E. COGGINS, THOMAS M. MELSHEIMER RODNEY ACKER, THEODORE W. DANIEL, DAN D. DAVISON, KARL G. DIAL, BRETT C. GOVETT, JONATHAN B. SKIDMORE, MICHAEL C. STEINDORF Gardere Wynne Sewell Dallas, TX CURTIS L. FRISBIE, JR., JOE B. HARRISON Back Cover Gardere Wynne Sewell Houston, TX WILLIAM E. MATTHEWS Back Cover Haltom & Doan Texarkana, TX JENNIFER HALTOM DOAN, JAMES N. HALTOM Page 32 GEORGE W. BRAMBLETT, JR., NINA CORTELL, SHARON N. FREYTAG, ROBIN P. HARTMANN, NOEL M. B. HENSLEY, THOMAS E. KURTH, BARRY F. MCNEIL, DONALD CURTIS TEMPLIN Haynes and Boone Fort Worth, TX THOMAS J. WILLIAMS Ireland Carroll & Kelley Tyler, TX OTIS W. CARROLL ROBERT M. COHAN, MARK T. JOSEPHS, KATHLEEN M. LAVALLE, GORDON M. SHAPIRO, PAUL C. WATLER Jackson Walker Fort Worth, TX ALBON O. HEAD, JR. Jenkens & Gilchrist Dallas, TX JOHN ANDERSON GILLIAM Jones Day Dallas, TX TERENCE M. MURPHY Kelly, Hart & Hallman Fort Worth, TX LARS L. BERG, HUGH G. CONNOR II, DONALD E. HERRMANN, E. GLEN JOHNSON, DEE J. KELLY, SR., DEE J. KELLY, JR., MARSHALL M. SEARCY, JR. Kessler & Collins Dallas, TX GARY S. KESSLER Page 32 Kirkpatrick & Lockhart Preston Gates Ellis Dallas, TX KIM J. ASKEW, ROBERT E. DAVIS, PAUL R. GENENDER, PAUL M. KONING, ROBERT H. MOW, JR., MARK A. SHANK Kleiman Lawrence Baskind Fitzgerald Dallas, TX PAUL D. SCHOONOVER Law Offices of Alan W. Harris Dallas, TX ALAN W. HARRIS Locke Lord Bissell & Liddell Dallas, TX GEORGE E. BOWLES, JERRY K. CLEMENTS, JOHN H. MCELHANEY Loewinsohn Flegle Deary Dallas, TX DAVID R. DEARY, JIM L. FLEGLE, JR., ALAN S. LOEWINSOHN Page 9 Lynn Tillotson and Pinker Dallas, TX ERIC PINKER McKool Smith Dallas, TX SAMUEL F. BAXTER, CHARLES W. CUNNINGHAM, ROBERT ELKIN, THOMAS A. GRAVES, LEWIS T. LECLAIR, MIKE MCKOOL, JR., THEODORE STEVENSON III Page 11 McMahon, Surovik, Suttle, Buhrmann, Hicks, Gill & Cannon Abilene, TX STEPHEN H. SUTTLE Meckler Bulger & Tilson Dallas, TX ROBERT D. ALLEN Monning & Wynne Dallas, TX BRUCE MONNING Morrison & Shelton Wichita Falls, TX LONNY D. MORRISON Munsch Hardt Kopf & Harr Dallas, TX JAMES D. JORDAN Patton, Tidwell & Schroeder Texarkana, TX NICHOLAS H. PATTON Sayles/Werbner Dallas, TX RICHARD A. SAYLES, MARK S. WERBNER Shackelford, Melton & McKinley Dallas, TX BRIAN D. MELTON Page 27 Shannon, Gracey, Ratliff & Miller Fort Worth, TX VICTOR ANDERSON, JR., KLEBER C. MILLER, R. H. WALLACE, JR. Strasburger & Price Dallas, TX GARY C. CRAPSTER, P. MICHAEL JUNG Susman Godfrey Dallas, TX BARRY C. BARNETT, OPHELIA F. CAMIÑA, TERRELL W. OXFORD The Schmidt Firm Dallas, TX JAMES HOLMES WILLIAM L. BANOWSKY, GEORGE C. CHAP- MAN, GREG W. CURRY, CRAIG A. HAYNES, GREGORY S.C. HUFFMAN, JOHN A. MACKINTOSH, JOHN H. MARTIN, TIMOTHY R. MCCORMICK, DAVID R. NOTEWARE, STEPHEN C. RASCH Thompson & Knight Fort Worth, TX E. MICHAEL SHEEHAN WILLIAM B. DAWSON, KAREN L. HIRSCHMAN, GEORGE M. KRYDER, THOMAS S. LEATHERBURY, CAROL C. PAYNE, WILLIAM D. SIMS, ROBERT C. WALTERS, RUSSELL YAGER Weil, Gotshal & Manges Dallas, TX T. RAY GUY, RALPH I. MILLER 20 TEXAS BEST LAWYERS ALM law.com/texasbest

17 D A L L A S E D I T I O N TEXAS BEST LAWYERS EXCEPTIONAL CASE EMOTIONALLY CHARGED VERDICT IN LOUISIANA F or Houston attorney Richard Mithoff, landing one of the largest jury verdicts in the United States last year $31.8 million for a horrific traffic accident in which two children burned to death on their way to Walt Disney World was a major victory. Yet, at the same time, it was one of the most emotionally challenging of his storied career, involving two fatalities, two young adults badly burned and scarred for life, and a family so devastated by the tragedy they couldn t discuss it until the day they took the stand. It s probably the most intense case I ve ever tried because of the emotion, says Mithoff, who has numerous large verdicts to his name, and perhaps is best known as one of the lawyers who orchestrated Texas s $2.2 billion settlement against the tobacco industry a decade ago. The accident occurred in July 2003, as a couple from Harlingen, TX Guadalupe and Amelia Guerra were driving to Orlando with their two daughters, a nine-year-old cousin, and a young male friend of one of the daughters. Two lanes of traffic were at a complete standstill on Interstate 10 near Lafayette, Louisiana, when a driver for Allied Van Lines, going 65 miles per hour, plowed his tractortrailer into the line of cars. The Guerra s SUV went airborne as it was hit directly by the tractor-trailer, then caught on fire, and landed on the highway in the opposite direction. One of the Guerra s daughters, Cindy, 18, died at the scene, as did the little girl, Jennifer Garza. The Guerra s other daughter, Lisa, 20, was burned over 65 percent of her body. Her friend, Joe Alfaro, 20, was burned over 85 percent of his body, including his face, arms, and torso, and has had several toes and fingers amputated. The Guerras themselves, who were in the front seat of their SUV, were relatively uninjured. The driver for Allied Van Lines was killed. The plaintiffs sued Allied Van Lines, which admitted liability shortly before trial. The defense lawyer, Edwin Preis of Preis & Roy in Lafayette, Louisiana, did not return phone calls seeking comment. Mithoff says the trial judge denied a motion to reduce the verdict, and the case is on appeal in the Fifth Circuit Court of Appeals, primarily on issues related to the size of the award. Mithoff says that the defense made several savvy strategic moves, including successfully petitioning to have the case removed from the state court in Texas into federal court in Louisiana: that state, unlike other jurisdictions, doesn t provide for punitive damages in most car accident cases. As well, stipulating to liability meant the plaintiffs were blocked from presenting any evidence on why the accident happened. For Mithoff, this was a blow, as his theory which his team s accident reconstruction experts were waiting to explain was that the driver was operating the vehicle in a negligent manner and the defendants should have known it. That meant we were hindered at the outset, says Mithoff. We wanted to communicate to the jury what really happened because that s how you communicate a sense of outrage. However, some of that evidence from the accident eventually was admitted because the defense in an effort to eliminate any damages for conscious pain and suffering contested the cause of death of the two youngsters, claiming they died A FAMILY SO DEVASTATED BY THE TRAGEDY THEY COULDN'T DISCUSS IT UNTIL THE DAY THEY TOOK THE STAND. immediately from the impact and did not burn to death, as the plaintiffs argued. So we were able to reconstruct the accident and suggest to the jury that the cause was probably related to driver error, says Mithoff. Mithoff had each of the survivors of the accident tell their stories on different days of the trial, to keep them separate in the jury s minds and to reiterate the human aspect of the case. Neither of the surviving parents had ever discussed the accident before their testimony, not even with Mithoff, because they were too traumatized, he says. Hearing the experts describe how the accident happened, and being able to describe its impact on them, was cathartic for them, he says. We had to take numerous breaks, says Mithoff. It was emotional for everyone in the courtroom: for the family, the judge, court personnel, and certainly for the jury. Other key witnesses for the plaintiffs included the doctor who treated Lisa Guerra and Alfaro at the burn unit at Baton Rouge General Medical Center, where they were hospitalized for months, and an expert on sleep deprivation. Mithoff also called to the stand an expert on burns and amputations, who gained his expertise working with soldiers from the Iraq and Vietnam wars, who predicted that Alfaro may face future surgeries including more amputations. Elaine McArdle law.com/texasbest TEXAS BEST LAWYERS ALM 21

18 2008 SURVEY RESULTS D A L L A S E D I T I O N D A L L A S E D I T I O N TEXAS BEST LAWYERS DALLAS ALLIANCE OF COLLABORATIVE PROFESSIONALS John V. McShane Gay G. Cox Larry Hance Hance & Wickham, P.C. Robert J. Matlock Woods-May- Matlock, P.C. Jody L. Johnson Allison & Johnson, L.L.P. Someday a couple you care about will divorce. You can make a positive difference in their lives by telling them about the Collaborative Practice option. It is a way to proceed focused on meeting the needs of both spouses and their children, in a private setting that avoids the courthouse. It minimizes conflict for the couple and their children s sake, and resolves family law matters respectfully. It is a choice that fosters open communication and sharing of information to achieve an outcome that satisfies both spouses. COLLABORATIVE PROFESSIONALS UNDERSTAND that a divorce can be a watershed event in any person s life, and it is not a time to be overwhelmed with demands, nor is it a time to cede control of major choices. The collaborative process puts decision-making back in the hands of the clients. One of the greatest benefits is that it offers a team, adding the knowledge of a financial professional and skills of a mental health professional to assist with communication, parenting planning and resolution of financial issues. The goal is to make certain that all aspects of a divorce are addressed: legal, financial, and emotional. Janet P. Brumley Verner & Brumley, P.C. THE LAWYER MEMBERS of the Dallas Alliance of Collaborative Professionals have an average of over 25 years of experience, which, combined with extensive continued education and expertise, enable them to help individuals resolve family disputes privately with respect and dignity, and without litigation. These attorneys who have been selected for inclusion in Best Lawyers in America are also members of DACP and are independent, unaffiliated* experienced family lawyers who offer Collaborative Practice to their clients. * Except Mike and Mary Jo McCurley who are members of the same firm, McCurley, Orsinger, McCurley, Nelson & Downing, L.L.P. F A C T : Though the collaborative law process is most commonly used to resolve divorce issues, any family law issue that you would normally hire a family law attorney to handle may be resolved in this process. Thomas L. Raggio Raggio & Raggio, P.L.L.C. George M. Parker Parker & Montgomery Kevin R. Fuller Koons, Fuller, Vanden Eykel & Robertson Carla M. Calabrese Calabrese Associates, P.C. Douglas Harrison Gardere, Wynne, Sewell, L.L.P. Mike McCurley McCurley, Orsinger, McCurley, Nelson & Downing, L.L.P. Mary Johanna McCurley McCurley, Orsinger, McCurley, Nelson & Downing, L.L.P. To learn more about Collaborative Practice, visit these websites: TEXAS BEST LAWYERS ALM law.com/texasbest law.com/texasbest TEXAS BEST LAWYERS ALM 19

19 2008 SURVEY RESULTS D A L L A S E D I T I O N Whitaker Dallas, TX ELIZABETH B. WHITAKER W. MIKE BAGGETT, JAMES DAVID BROWN, JAY J. MADRID Young, Pickett & Lee Texarkana, TX DAMON YOUNG COMMUNICATIONS LAW VAN H. BECKWITH, BRYANT C. BOREN, JR., DON J. MCDERMETT, JR. DLA Piper Dallas, TX ROBERT W. KANTNER Gardere Wynne Sewell Dallas, TX PETER VOGEL Back Cover CONSTRUCTION LAW Canterbury, Stuber, Elder, Gooch & Surratt Dallas, TX JOSEPH F. CANTERBURY, JR., W. KYLE GOOCH Fisk & Fielder Dallas, TX HOLLYE C. FISK Ford Nassen & Baldwin Dallas, TX JEFFREY A. FORD, ROBERT L. MEYERS III Goins, Underkofler, Crawford & Langdon Dallas, TX PAUL B. UNDERKOFLER Hunton & Williams Dallas, TX MICHAEL F. ALBERS Pratt & Yungblut Arlington, TX DONALD O. PRATT, STEPHEN K. YUNGBLUT MICHELLE I. RIEGER CORPORATE GOVERNANCE AND COMPLIANCE LAW Bracewell & Giuliani Dallas, TX BRUCE A. CHEATHAM Carrington, Coleman, Sloman & Blumenthal Dallas, TX FLETCHER L. YARBROUGH JAMES R. GRIFFIN Gardere Wynne Sewell Dallas, TX LARRY L. SCHOENBRUN Back Cover MICHAEL M. BOONE BYRON F. EGAN STEVEN K. COCHRAN MICHAEL D. WORTLEY Weil, Gotshal & Manges Dallas, TX MICHAEL A. SASLAW CORPORATE LAW Baker & McKenzie Dallas, TX ALAN G. HARVEY CRAIG ADAMS, ANDREW M. BAKER, NEEL LEMON, DON J. MCDERMETT, JR., GEOFFREY L. NEWTON, DOUGLASS M. RAYBURN Bracewell & Giuliani Dallas, TX BRUCE A. CHEATHAM Carrington, Coleman, Sloman & Blumenthal Dallas, TX JIM A. WATSON, FLETCHER L. YARBROUGH THOMAS G. ADLER, GLEN JAMES HETTINGER, THOMAS WILLIAM HUGHES, KENNETH L. STEWART Gardere Wynne Sewell Dallas, TX LAWRENCE E. GLASGOW, LAWRENCE B. GOLDSTEIN, ALAN J. PERKINS, ROBERT SARFATIS, LARRY L. SCHOENBRUN, RICHARD A. TULLI Back Cover Gardere Wynne Sewell Houston, TX ALLEN B. CRAIG III, FRANK M. PUTMAN Back Cover George W. Coleman Dallas, TX GEORGE W. COLEMAN Gibson, Dunn & Crutcher Dallas, TX HARLAN P. COHEN, IRWIN F. SENTILLES III MICHAEL M. BOONE, WILSON CHU, WILLIAM R. HAYS III, DARREL A. RICE, GREGORY R. SAMUEL, JANICE V. SHARRY Haynes and Boone Fort Worth, TX BRIAN D. BARNARD Hunton & Williams Dallas, TX HENRY GILCHRIST, LARRY STEVEN LESHIN, DARYL BRUCE ROBERTSON BYRON F. EGAN, JAMES S. RYAN III Kelly, Hart & Hallman Fort Worth, TX F. RICHARD BERNASEK, WILLIAM P. HALLMAN, JR., MARK L. HART, JR., DEE J. KELLY, SR. Kirkpatrick & Lockhart Preston Gates Ellis Dallas, TX DAVID G. LUTHER, JR. Lidji & Dorey Dallas, TX BRIAN M. LIDJI Locke Lord Bissell & Liddell Dallas, TX BRYAN E. BISHOP, DON M. GLENDENNING, JOHN B. MCKNIGHT Munsch Hardt Kopf & Harr Dallas, TX SALLY A. SCHREIBER Shannon, Gracey, Ratliff & Miller Fort Worth, TX SAM ROSEN Strasburger & Price Dallas, TX CAROL GLENDENNING SAM P. BURFORD, JR., STEVEN K. COCHRAN, ANN MARIE COWDREY, JOSEPH DANNENMAIER, JAMES L. IRISH III, JACK M. LITTLE, JEFFREY A. ZLOTKY ALAN J. BOGDANOW, JEFFREY A. CHAPMAN, MARK EARLY, MONTY G. HUMBLE, ROBERT L. KIMBALL, RODNEY L. MOORE, A. WINSTON OXLEY, MICHAEL D. WORTLEY Weil, Gotshal & Manges Dallas, TX R. SCOTT COHEN, ANGELA FONTANA, D. GILBERT FRIEDLANDER, JEFFREY B. HITT, MARY R. KORBY, R. JAY TABOR, GLENN D. WEST DERIVATIVES LAW GEORGE C. LAMB III, TIMOTHY W. MOUNTZ Jones Day Dallas, TX PATRICIA J. VILLAREAL ELDER LAW Law Office of Charles Kennedy Arlington, TX CHARLES KENNEDY EMINENT DOMAIN AND CONDEMNATION LAW Kenneth A. Wright Dallas, TX KENNETH A. WRIGHT Page 33 The Law Offices of Joe H. Staley, Jr. Dallas, TX JOSEPH H. STALEY, JR Page 31 EMPLOYEE BENEFITS LAW BRUCE DOUGLAS PINGREE, ROBERT J. STOKES Cantey & Hanger Fort Worth, TX NOEL C. ICE, J. DAVID TRACY Cecil A. Ray, Jr. Dallas, TX CECIL A. RAY, JR. BARRY W. COWAN Gardere Wynne Sewell Dallas, TX SUZAN E. FENNER Back Cover JOHN M. COLLINS, GRETA E. COWART, CHARLES F. PLENGE Hunton & Williams Dallas, TX L. SCOTT AUSTIN, JOHN S. RICE, HENRY TALAVERA JAMES ROBERT GRIFFIN James M. Klancnik Dallas, TX JAMES M. KLANCNIK Jones Day Dallas, TX JAMES F. CAREY Karen K. Suhre Dallas, TX KAREN K. SUHRE Kirkpatrick & Lockhart Preston Gates Ellis Dallas, TX THOMAS M. HOFFMAN Locke Lord Bissell & Liddell Dallas, TX STUART M. BUMPAS, EDWARD PHILIP BUSH, LINDA A. WILKINS Morgan Lewis & Bockius Dallas, TX RIVA T. JOHNSON, ERIN TURLEY Robert M. Herman Dallas, TX ROBERT M. HERMAN Sonnenschein Nath & Rosenthal Dallas, TX T. DAVID COWART SHARON M. FOUNTAIN, J. MIKE HOLT, SHELLY A. YOUREE Thompson & Knight Fort Worth, TX R. GORDON APPLEMAN DAVID C. D ALESSANDRO, FELICIA A. FINSTON, GARY G. SHORT 22 TEXAS BEST LAWYERS ALM law.com/texasbest

20 D A L L A S E D I T I O N TEXAS BEST LAWYERS ENERGY LAW ROD PHELAN Gordon, Arata, McCollam, Duplantis & Eagan Houston, TX J. LANIER YEATES Page 28 Hunton & Williams Dallas, TX RICHARD L. ADAMS, JO ANN BIGGS, ROBERT M. FILLMORE JOHN B. HOLDEN, JR., FRANK P. MCEACHERN Looper Reed & McGraw Dallas, TX CHARLES W. SARTAIN ANDREW B. DERMAN, JOHN W. RAIN STANLEY G. HARVEY ENTERTAINMENT LAW D LESLI M. DAVIS ENVIRONMENTAL LAW Akin Gump Strauss Hauer & Feld Dallas, TX DIANA C. DUTTON Cantey & Hanger Fort Worth, TX SARAH WALLS Carrington, Coleman, Sloman & Blumenthal Dallas, TX CHARLES C. JORDAN, SALLY A. LONGROY Gardere Wynne Sewell Dallas, TX CYNTHIA J. BISHOP, FRANCES E. PHILLIPS Back Cover Gardere Wynne Sewell Houston, TX RICHARD O. FAULK Back Cover Guida, Slavich & Flores Dallas, TX JOHN SLAVICH PATRICK R. COWLISHAW Munsch Hardt Kopf & Harr Dallas, TX FREDERICK W. ADDISON III Strasburger & Price Dallas, TX PATRICK LARKIN SCOTT D. DEATHERAGE, JAMES B. HARRIS, A. KAY ROSKA THOMAS B. ALLEMAN EQUIPMENT FINANCE LAW Howell, Dorman & Sams Fort Worth, TX STEPHEN C. HOWELL Jenkens & Gilchrist Dallas, TX VERNON O. TEOFAN Patton Boggs Dallas, TX LARRY A. MAKEL FAMILY LAW Allison and Johnson Plano, TX JODY L. JOHNSON Page 18 Bain, Files, Jarrett and Bain Tyler, TX JERRY E. BAIN, BRUCE D. BAIN, MICHAEL E. JARRETT Barlow Garsek & Simon Fort Worth, TX JAMES B. BARLOW Boyd Veigel McKinney, TX WILLIAM M. BOYD Calabrese Associates Dallas, TX CARLA M. CALABRESE Page 18 Edwin W. Davis Dallas, TX EDWIN W. DAVIS Gardere Wynne Sewell Dallas, TX DOUGLAS A. HARRISON Pages 18, Back Cover Geary Porter & Donovan Addison, TX MICHAEL P. GEARY, LARRY L. MARTIN Page 16 Goranson, Bain, Larsen & Greenwald Dallas, TX ANGELINE L. BAIN, THOMAS P. GORANSON, THOMAS A. GREENWALD, PAULA LARSEN, BETH E. MAULTSBY SHUFORD LAW FIRM David W. Shuford has the rare privilege of being able to guarantee that each case and client receives his personal, undivided attention, a rarity in a field where work is regularly pawned off to lesser associates. Mr. Shuford s expansive range of business and litigation experience, particularly his early work handling business transactions and litigation for large law firms, has given him the insight needed to identify and investigate instances of legal malpractice in business transactions and acts of negligence in preparation and trial. His willingness to confront other lawyers within the confines of the courtroom is well-known and respected by his peers; his trial work has resulted in an $8.3 million jury verdict against Fort Worth s oldest and largest firm and a $1.1 million judgment against a Dallas-based national law firm, as well as a $12.5 million settlement against a major California law firm. Professional, prepared, and experienced, Mr. Shuford has prosecuted cases against major defense firms. He currently represents both corporate and individual clients in major plaintiff s legal malpractice cases involving firms both in and out of state. SHUFORD LAW FIRM 2902 CARLISLE S TREET, SUITE 100 D ALLAS, TX PH: FAX: David W. Shuford law.com/texasbest TEXAS BEST LAWYERS ALM 23