No matter where the road takes you, we are here to handle your legal needs. Charles Florsheim cflorsheim@canteyhanger.com (817) 877-2875 Brian C. Newby bnewby@canteyhanger.com (817) 877-2825 Stephanie Harrison sharrison@canteyhanger.com (817) 877-2838 Cantey Hanger Plaza 600 West 6th Street, Suite 300 Fort Worth, Texas 76102 (817) 877-2800 (817) 877-2807 (fax) Emergency Contact Number: 817-372-3217
Once a call is made to Cantey Hanger, the following steps are taken: We conduct a firm-wide Conflict of Interest check Stephanie or Brian will assess your matter and assign it to the most appropriate attorney We will contact you to further discuss the matter and formulate a plan of action You will be sent an Engagement Letter to sign, retaining the Firm s services We will proceed with handling of matter Cantey Hanger is comprised of a well-rounded team of experienced attorneys who bring unique expertise to bear on the multitude of issues challenging the transportation industry. Whether you are in the boardroom or courtroom, our firm has a dedicated group of attorneys and specialists who can guide you through the maze of complex issues you face. We can represent you in everything from catastrophic personal injury cases to general business matters and regulatory compliance issues. Our attorneys bring decades of experience in their various areas of practice and have consistently achieved excellent results for our clients. Cantey Hanger will aggressively investigate and defend our client matters, but our main goal is to provide our client with the most efficient, cost-effective resolution available. We have a long tradition of success and our attorneys are trained to handle cases of every size. From minor negligence cases with contested liability to catastrophic injury cases involving gross negligence, we will bring our expertise to bear on the issues facing your organization. Additionally, Cantey Hanger attorneys have extensive transportation litigation experience and have long been involved in the representation of Motorcoach companies and their insurance carriers for claims arising out of automobile accidents. Transportation cases are unique due to the fact that motor carriers are regulated by both the federal and state governments and the accidents are investigated by both the local policy agency and the D.O.T. Each accident raises questions about the driver s log, work schedule, training, certification, physical exams, and the manner in which the motorcoach was serviced and maintained over its life; including if it has tracking equipment that can document the locations, miles, and speeds driven. In Transportation lawsuits, perception is often another issue at play. In passenger car accidents, an accident may or may not cause an injury but, in motorcoach accidents, there is almost always a presumption that someone was injured and that the motorcoach company is large, wealthy and from another state. Cantey Hanger attorneys are experienced in recognizing and addressing this perception and counsel our clients accordingly.
Cantey Hanger has standard practice management systems in place to ensure case opening/ closings, conflict of interest checks, internal coordination, docketing, document creation and client databases are secured. Cantey Hanger will maintain internal accounting systems and standard trust accounts to ensure financial management controls. The firm maintains docketing systems which include document creation, electronic discovery and the corresponding training on those systems. Its information technology staff provides brief banks, a forms/template library and online research. To maintain quality in our practice, the firm performs mandatory firm-wide conflicts checks to ensure that no conflict of interest exists. Our practice is to maintain consistent communication with our clients, keeping them updated on the status of their matters in an agreed-upon format. All litigation claims are organized and logged separately, with a numbered file for each claim and each file divided into subcategories: pleadings, discovery, correspondence, research, notes and miscellaneous matters to ensure secure document retention. We keep our clients updated through the course of our representation and report updates to the client as requested. Cantey Hanger is a member of Meritas Law Firms Worldwide, a global association of approximately 180 quality law firms in 50 states, 70 countries and 6 continents. This membership allows Cantey Hanger to handle all of your legal issues across the country and worldwide. Cantey Hanger attorneys will engage the use of a Meritas Law Firm, when required, to better serve the needs of Trailways.
CANTEY HANGER PLAZA 600 WEST 6TH STREET, SUITE 300 FORT WORTH, TEXAS 76102 OFFICE (817) 877-2875 FACSIMILE (817) 877-2807 WWW.CANTEYHANGER.COM cflorsheim@canteyhanger.com PRACTICE AREAS: Banking Bankruptcy Business Law Corporate/Securities Energy Franchise Law Mergers & Acquisitions Real Estate EXPERIENCE: Mr. Florsheim graduated from Texas Christian University in 1971 with a BBA in Accounting. He attended law school at Southern Methodist University, receiving his JD in 1974. Following four years of service in the Army Judge Advocate General s Corps which included a thirteen month assignment in Korea, he returned to Fort Worth where he has been in private practice since 1978. His practice includes a variety of practice areas with a primary focus on business organizations, franchising, real estate, securities, and mergers and acquisitions. COMMUNITY INVOLVEMENT: Jewel Charity Fort Worth Air Power Council Director, National Lung Cancer Partnership Patient Representative, ECOG-ACRIN Cancer Research Group Patient Advocate, National Institute of Health/National Cancer Institute ALCHEMIST Core Committee Patient Advocate, Moncrief Cancer Institute Consumer Reviewer, Department of Defense Congressionally Directed Lung Cancer Research Program Patient Advocate, International Association For The Study of Lung Cancer Patient Advocate, UT Southwestern SPORE in Lung Cancer Patient Advocate Member, American Society of Clinical Oncology Advocate Reviewer, Protocol Review and Monitoring Committee, UT Southwestern Simmons Comprehensive Cancer Center EDUCATION: Southern Methodist University School of Law, Dallas, TX, 1974, J.D. Honors: Order of the Coif Honors: Phi Delta Phi, Magister, 1973-1974 Texas Christian University, Fort Worth, TX, 1971, B.B.A., Accounting Honors: Magna Cum Laude Honors: Beta Gamma Sigma Honors: Dean's List Honors: Beta Alpha Psi "Who's Who among Students in Amer. Universities & Colleges" (1969 1970; 1970 1971) Honors: Distinguished Army ROTC Military Graduate Admitted to U.S. District Court Eastern District of Texas, 2003
cflorsheim@canteyhanger.com page 2 PROFESSIONAL AFFILIATIONS: Licensed to practice in Texas, 1974 Admitted to U.S. District Court Northern District of Texas, 1978 Admitted to U.S. District Court Southern District of Texas, 2003 Admitted to U.S. Court of Appeals 5th Circuit, 1978 State Bar of Texas Admitted to U.S. Court of Appeals for the Armed Forces, 1977 Admitted to U.S. Supreme Court, 1979 Texas Bar Foundation Tarrant County Bar Foundation U.S. Army, Captain, Judge Advocate General's Corps, 1974-1978 SELECTED PUBLICATIONS & PRESENTATIONS: Texas Mortgage Foreclosures (Co-Author) P.E.S.I., 1985 Rejection Powers Under FIRREA (Co-Author) State Bar of Texas Advanced Real Estate Law Course, 1990 The "Potentially Responsible Party" Environmental Liability Never Sleeps State Bar of Texas Advanced Real Estate Law Course, 1991 Texas Mortgage Foreclosures, Professional Education Systems, 1986-1987 Speaker, Advanced Real Estate Law Course, State Bar of Texas, 1990, 1991 Course Director, Advanced Real Estate Law Course, State Bar of Texas, 1992 REPRESENTATIVE INDUSTRIES & CLIENTS: Bosses Pizza Chicken E Foodservice, Inc Cleburne Physical Therapy and Sports Rehabilitation, Inc. Higginbotham & Associates McDonald Transit Associates, Inc. Stuart Group, Inc., d/b/a Chicken Express Sundance Anesthesia, P.A. TESS, P.A. TRACC, P.A. Universal Fence Company, Inc.
Cantey Hanger Plaza 600 West 6th Street, Suite 300 Fort Worth, Texas 76102 Office (817) 877-2825 Fax (817) 877-2807 www.canteyhanger.com Brian Newby, Counsel bnewby@canteyhanger.com Practice Areas Commercial Litigation Transportation Law Insurance Law Insurance Defense Construction Litigation Public/Regulatory Employment Corporate Law Public School Law Experience Brian Newby is the former Chief of Staff to Texas Governor Rick Perry. In 2008, he co-chaired the State of Texas hurricane recovery efforts following Hurricane Ike. Prior to being named Chief of Staff, he served as the Governor s General Counsel, the primary legal advisor to the Governor and the divisions within the Office of the Governor. Before joining the Governor s office, Mr. Newby was a Cantey Hanger partner in the Fort Worth and Austin offices, and was formerly with Roan & Autry, P.C. of Austin, Texas. He also served as outside General Counsel to the Houston General Insurance Company. He rejoined the firm in January 2009. He has extensive experience in legislation, governmental affairs, construction litigation and commercial contract disputes, personal injury, insurance litigation, workers compensation, product liability, and employment. Mr. Newby has experience working with numerous national insurance carriers, third party administrators, an international airport, tollway authority, retail distributors, and metropolitan transit system. He also holds an Of Counsel position at Cantey Hanger, LLP of Fort Worth. He has spent 25 years in the active and reserve components of the United States Air Force. He currently holds the rank of Brigadier General. Professional Affiliations State Bar of Texas (Litigation Section), (State Bar Mentor Committee), (Law Office Management Committee) Texas Bar Foundation Tarrant County Bar Association Tarrant County Bar Foundation (Charter Treasurer and Life member) Fort Worth-Tarrant County Black Bar Association (Past President) Texas Association of Defense Counsel Texas General Counsel Forum Community Involvement Board of Regents, Texas Tech University System, 1999 2005 (Vice Chairman) Director, Tarrant Regional Water District, 1994-2004 Texas Air National Guard, (Brigadier General) Leadership Fort Worth Texas Lyceum Cook Children s Foundation United Way Community Foundation of North Texas Communities in Schools Fort Worth Club Fort Worth Metropolitan Black Chamber of Commerce Education Texas Tech University, B.A, 1983 University of Texas School of Law, J.D., 1986 DALLAS FORT WORTH SOUTHLAKE
CANTEY HANGER PLAZA 600 WEST 6TH STREET, SUITE 300 FORT WORTH, TEXAS 76102 OFFICE (817) 877-2838 FACSIMILE (817) 877-2807 WWW.CANTEYHANGER.COM SHARRISON@canteyhanger.com PRACTICE AREAS: Civil Appellate Law Commercial Litigation Construction Law Insurance Defense Personal Injury Litigation Premises Liability EXPERIENCE: Stephanie Harrison joined Cantey Hanger s General Litigation practice group in 2008, where she focuses on Construction Law. Mrs. Harrison served as judicial clerk to Justice Dixon W. Holman at the Second Court of Appeals in Fort Worth from 2005-2006. Prior to joining Cantey Hanger, Mrs. Harrison practiced in Dallas with a boutique construction litigation firm. PROFESSIONAL AFFILIATIONS: Licensed to Practice Law in 2005 Licensed to practice in the U.S. District Court for the Northern, Western, and Southern Districts of Texas National Association of Women in Construction, Member State Bar of Texas Construction Law Section Young Lawyers Councilmember, 2012-present Steer Fort Worth Arts & Culture Task Force Vice Chair, 2013 Tarrant County Bar Association Construction Law Section, Founding Chair, 2012-2013 Tarrant County Bar Association Construction Law Section, Secretary, 2013-present Texas Women Lawyers Board Member for Fort Worth Region, 2012-present Transportation Lawyers Association, Member EDUCATION: Texas Tech School of Law, Lubbock, Texas, J.D., 2005 Magna Cum Laude Member, Texas Tech Law Review 2003-2005 Honors: Academic Scholarship Recipient 2002-2005 Abilene Christian University, Bachelor of Business Administration, Accounting, 2002, Cum Laude RECENT REPRESENTATIVE MATTERS: Obtained summary judgment on breach of contract claim brought by developer against engineering company, securing a judgment in favor of client for attorneys fees, and successfully defended the appeal of the summary judgment order Secured a complete dismissal of all claims against an engineering client on a motion to dismiss based on chapter 150 of the civil practice and remedies code (the certificate of merit statute), and successfully defended the appeal of the court s order Domesticated a foreign judgment on behalf of a client, obtained writ of garnishment against the judgment debtor, and secured payment of the total amount of the judgment Negotiated favorable settlement during informal settlement meeting with osha on behalf of a client
Firm Background For more than 130 years, the 70-plus attorneys at Cantey Hanger have handled the legal needs of organizations ranging from Fortune 500 companies to small, family-owned businesses always with the highest level of hands-on professionalism and responsiveness. No matter the area of law, Cantey Hanger s accomplished senior partners lead their team of attorneys and dedicated support staff through every case and transaction. The only standard by which our firm measures its attorneys is consistent excellence. The firm is continuously growing our areas of practice and network of connections to best meet the evolving needs of our myriad of clients. We have earned a reputation for providing relevant, cost-efficient and proactive legal services in the dynamic and competitive legal industry, and we will continue to meet that challenge. Cantey Hanger is a full-service law firm with practices in: Appellate Banking Bankruptcy Business Law Construction Law Corporate/Securities Eminent Domain/Property Rights Energy Environmental Estate/Probate Family Law Franchise Law Health Intellectual Property Law Labor/Employment Litigation OSHA Defense Public/Regulatory Real Estate Transportation Taxation Fort Worth Corporate Offices 600 West 6th Street, Suite 300 Fort Worth, Texas 76102
Your Transportation Needs Cantey Hanger s Transportation Law section represents a broad cross-section of transportation clients who face numerous legal challenges in the course of their daily operations. Because our attorneys have a tremendous range of experience and such diverse backgrounds, the firm is able to assist transportation clients with essentially all of their legal matters, including personal injury claims, employment and labor disputes, corporate and business transactions and safety and regulatory matters. In addition to providing our clients high quality legal representation in a variety of areas, we assist our transportation clients with their federal and state regulatory and compliance issues. Cantey Hanger s clients include public and private transportation companies and common carriers, such as: Motorcoach Companies Commercial Trucking Companies National Auto Rental Companies Commercial Bus Lines Cargo and Passenger Train Operations Commercial Air Carriers Airport Facilities Our attorneys have significant practice experience in numerous areas, including: Motorcoach Accidents Tractor Trailer & Truck Accidents Premises Liability Claims Nonsubscriber Claims Employment Claims Federal Motor Carrier Regulations Matters Commercial Issues and Disputes Contract Disputes Insurance Defense
Your Business Needs Attorneys in the Business Law Section of Cantey Hanger LLP assist local, national and international clients of all sizes in a wide variety of business industries with regard to forming, financing, buying and selling business entities (corporations, partnerships, limited partnerships, limited liability companies, professional corporations, and professional associations). Our attorneys routinely advise our clients on the day-to-day legal issues that arise in the operation and governance of their business entities. We handle mergers and acquisitions and public and private offerings of debt and equity securities for companies of all sizes, from start-ups to public companies traded on the New York Stock Exchange, American Stock Exchange or the over-the-counter market. Our clients include small start-up companies, medical practices, hospitals, operating companies, financial institutions and other lenders, venture capital and other investment funds, individual investors, entrepreneurs, franchisors and franchisees, boards of directors and board committees, shareholders, business executives, joint ventures and syndicates. We provide legal services in virtually all areas involving business matters, including: Mergers and Acquisitions Public Securities Offerings Private Placements Venture Capital Investment Funds SEC Reporting and Compliance Stock Options and Other Equity Compensation Executive Employment Agreements Business Formation Joint Ventures Franchising Tax-Exempt Bonds Corporate Governance Fiduciary Duties of Directors and Officers Tender Offers and Anti-Takeover Defenses Shareholder Agreements and Disputes Our industry experience includes, among other industries, transportation, logistics, health care, computer software, Internet and technology companies, manufacturing, bottling, food processing, retailing, venture capital, media, oil and gas, and energy services.
Your Public and Regulatory Needs It s not just who you know. It s what you know and how you do your business. When it comes to solving client problems in the legislative or regulatory arenas, the lawyers in the Public & Regulatory practice of Cantey Hanger LLP can pick up the phone and call the right people. But simply having contacts is not enough in today s political environment. To be effective and successful in a legislative or regulatory matter, you have to know the law, the public policy implications of changing the law, and the process involved in reaching the client s objective. Cantey Hanger s combination of legal, political and public affairs expertise is unusual among firms with more specialized lobbying capabilities. We can provide a full spectrum of client services with respect to public policy in an integrated, cost-effective manner. This package of services includes the in-house capability to coordinate legal, political, media relations and public affairs through a unique relationship with a public affairs partnership. Sometimes damage control is just as important as doing something proactive, and we can help with both. Cantey Hanger s Public & Regulatory practice represents clients before both State and Federal legislatures and administrative agencies, as well as local, county and federal government agencies. With former City Council members, a Senator and a former General Counsel and Chief of Staff for a state Governor at the firm, our team possesses more than 140 years of collective experience at all levels of government federal, state, and local and has longstanding relationships on both sides of the political aisle. We can tackle client problems on multiple fronts at the same time at a reasonable cost, without the necessity of calling in outside resources. Our team has substantial expertise in the following industries and issues: Education Environmental Employment Financial Institutions Health Care Insurance Natural Resources/Energy Public Finance State & Local Taxation Tort Liability Transportation Workers Compensation Cantey Hanger has the necessary resources to devote full time attention to meeting each client s needs. Our strict adherence to conflict-of-interest standards assures that we can zealously represent our clients interests. What s more, when needed, we can draw from a pool of colleagues within our firm that is deep with both experience and talent.
Your Labor/Employment Needs Employers of all sizes and in all industries today face many challenges locally and across the nation. The attorneys within Cantey Hanger s employment and labor law practice work hand-in-hand with clients to address all aspects of the complex legal relationship between an employer and its employees. Our attorneys draw from a remarkable depth of experience to proactively help clients avoid problems in the employment arena, and to effectively arbitrate, settle or litigate issues that do arise. In fact, some of Cantey Hanger s attorneys have spent their entire careers focusing almost exclusively on employment and labor law. We work diligently with employers to build safe environments and thorough procedures that benefit both the organization and their employees. When needed, we enlist the valuable expertise and experience of Cantey Hanger colleagues within the litigation section. Cantey Hanger attorneys represent and counsel with management on a wide variety of essential employment and labor law matters such as: Discrimination based on prohibited factors such as race, age, disability, gender, religion, or national origin Wage and hour requirements (Fair Labor Standards Act) Covenants not to compete Worker s compensation and related matters, such as retaliation Family and Medical Leave Act Large layoffs and plant closings (WARN Act) COBRA Drug testing and pre-employment screening Cantey Hanger attorneys counsel with and appear in court on behalf of an impressive array of clients in the public and private sectors, both for-profit and nonprofit organizations. We are experienced in representing clients within the following industries: Charitable organizations Child care Financial institutions Food and beverage Governmental entities Safe working conditions (OSHA) Union organizing and threatened or actual strikes (National Labor Relations Act) Unfair labor practice charges Labor arbitration Employee handbooks ERISA (Employee Retirement Income Security Act) Unemployment compensation of former employees EEOC investigations/twc preemployment hearings Health care Manufacturing natural resources/energy Retail Transportation
Your Insurance Needs Cantey Hanger has a longstanding reputation in the area of Insurance Coverage. Our attorneys have represented clients in all facets of their dealings with insurance carriers. Our services include: Insurance Coverage Litigation Pursuing Coverage Claims for Litigation and Claims Resolution Costs Pursuing Coverage Claims for Settlements and Judgments Pursuing Coverage Claims for Business Risks such as Property Damage, Business Interruption and other Direct Business Losses Pursuing Unfair Claims Handling, Extracontractual and Bad Faith Claims Against Insurers Insurance Coverage Counseling Analyzing Insurance and Risk Management Programs Negotiating Policy Coverages Auditing Existing Insurance Coverage Advising on Duty to Defend and Reservation of Rights Issues Advising Clients in Responding to Catastrophic Losses Advising Clients on Transferring Business Risks Through Insurance and other Contractual Methods Advising Insureds in Dealing With All Aspects of Insurer Insolvencies Cantey Hanger s Insurance Coverage attorneys are highly respected for their extensive experience in handling sophisticated insurance coverage and risk management matters for businesses and individuals. We work in all major areas of insurance recovery, including: Appellate Banking Bankruptcy Business Law Construction Law Corporate/Securities Eminent Domain/Property Rights Energy Environmental Estate/Probate Family Law Franchise Law Health Intellectual Property Law Labor/Employment Litigation OSHA Defense Public/Regulatory Real Estate Transportation Taxation
Your Litigation Needs The litigation practice of Cantey Hanger operates in seamless cooperation with each of the firm s other practice areas to promote a comprehensive and thorough approach to resolving disputes. Our attorneys skills are honed to the courtroom, but we view ourselves as strategic partners for our clients, evaluating legal matters that could lead to or have developed into actual litigation and advising on the best course of action. We bring both a diversity of experience and a wealth of knowledge to this process. Our litigators analyze, prepare and present cases for resolution before state and federal courts, administrative law judges and arbitrators. We explore with our clients the appropriate use of out-ofcourt solutions through negotiation and alternative dispute resolution. When litigation is the only solution, our attorneys are highly experienced and effective in courtrooms, guiding clients through the complex steps of a trial and an appeal. Cantey Hanger has significant practice experience in: Antitrust Law Appellate Bankruptcy Litigation Business Crimes Civil Rights Class Action Suits Consumer Litigation Corporate & Partnership Disputes Deceptive Trade Practices ERISA Employment Law Franchise Law Fraud Legal Malpractice Libel & Slander Product Liability Property Rights Securities Fraud Cantey Hanger attorneys counsel and appear in court on behalf of an impressive array of clients in the public and private sectors, both for-profit and non-profit organizations. We represent clients in many industries, including: Automotive Construction Entertainment Financial Institutions Food & Beverage Health Care Hospitality Insurance Manufacturing Natural Resources/Energy Professional Services Real Estate Retail Technology Telecommunications Transportation Our knowledge from actual litigation and resolution of controversies provides a strong foundation for counseling our clients in the early identification and pro-active handling of potential disputes. Our attorneys practice early intervention and management of disputes, acting as soon as our clients become aware of them. In an effort to identify and remedy potential problems, we offer litigation audits and seminars on litigation prevention. Cantey Hanger collaborates with clients to build practices and procedures to better prepare our clients, and ultimately to prevent them from becoming objects of lawsuits.
Media Relations and Crisis Management On September 4, 2012, the American Bus Association released its Motorcoach Census which measures the size and scope of the motorcoach industry. The study revealed that in 2010 the industry provided 694 million passenger trips and 76.1 billion passenger miles in the United States and Canada alone. This makes the motorcoach industry a close second to the domestic airlines in modal passenger volume. With such a large volume of passenger carries and miles travelled, the motorcoach industry is inherently exposed to a high level of risk every day. And like it or not, your company is likely to, at some point, experience a crisis situation that will require practical, planned communication throughout your organization. Your Best Line of Defense is a Well-Planned Offense Cantey Hanger will not just defend you in a lawsuit, but we will create a complete litigation strategy that effectively protects your legal interests. When the situation requires it, Cantey Hanger will utilize its relationships with consultants, and employ them to work with us to design a plan to handle all of your media relations and crisis communication needs. Media Relations Services With our guidance, media consultants can utilize a variety of tools to assist you with media coverage, including: Press kits news releases, fact sheets, case statements, bios Video news releases Online media outlets We can also work with consultants to prepare and train you and your company representatives to prudently and effectively articulate your message, even in the most challenging circumstances, including: Hostile interviews Litigation preparation Media tours
Crisis Communication Additionally, we can work with a consultant to create a Crisis Management Plan designed to provide guidelines for a practical communications system that is adaptable for any crisis situation. It should be a working document continually updated as the industry, the world and your company changes. A crisis management plan should be part of an overall safety and emergency preparedness plan, and a standard part of your overall strategic planning process. As important as dealing with any emergency situation is dealing with perceptions what the public thinks happened. This should be planned in the same way you would plan for damage to property or injuries to people. Planning for perception will also protect your company s image, credibility and its ability to recover after a crisis. Too often, companies make the mistake of waiting until a crisis occurs to plan a reaction. This gives the company the smallest chance of surviving the crisis without damage. Cantey Hanger can work with you to prepare ahead of time, so your company has the greatest chance to weather the crisis unharmed.