|
||
 |
|
 |
Publications
In addition to our practice, we contribute to the development of the law and the profession through articles, speeches, and media appearances. Some of our recent publications and other media appearances are listed below.
Articles
“Arbitration, Bench Trial, or Jury Trial? A Functional Guide for In-House Counsel,” The Texas State Bar Litigation Report (The Advocate), Fall 2011 (coauthored with Trent McKenna, Vice President, General Counsel, and Secretary of Comfort Systems USA, Inc. (NYSE: FIX))
“Jury Charge – An Essential Tool Throughout Litigation,” Texas Lawyer, July 25, 2011 (coauthored with appellate lawyer Kurt Kuhn) (advocating use of jury charge as guide for litigators at all stages of pretrial litigation).
“The Ins and Outs of Excluding Evidence,” Texas Lawyer, December 13, 2010 (discussing forces in trial practice that tend to lead to the admission, rather than exclusion, of evidence).
“Lawyer as Director: Three Ways to Improve Direct Examination,” Texas Lawyer, September 27, 2010 (discussing the often-overlooked techniques for presenting testimony in direct examination).
“Story Time: Embrace Multimedia Advocacy in Trial,” Texas Lawyer, June 21, 2010 (arguing that using multimedia tools increases jurors’ ability to reach fair results), reprinted in the New York Law Journal and Law.com’s Law Technology News.
“Three Areas Where Listening Pays,” Texas Lawyer, March 22, 2010 (discussing examples of how lawyers can better succeed in trial by listening to the client, the witness, and the jurors).
“Revolutionize Legal Education Using Work Product,” Texas Lawyer, January 11, 2010 (urging law schools to adapt the case method to use briefs, transcripts, and digital audio and video to improve the teaching of law and advocacy)
“Seize the Day When It Comes to Creative Trial Advocacy,” Texas Lawyer, September 28, 2009 (describing the impact of scientific and technological advances on trials in the 21st century)
“Winning on the Papers,” Texas Lawyer, June 22, 2009 (coauthored with Martin Siegel of the Law Offices of Martin J. Siegel) (explaining how a trial-lawyer’s mindset can streamline discovery and motion practice to minimize client expense and maximize likelihood of victory)
“First, Do No Harm: Trial Myths That Threaten Good Advocacy,” Texas Lawyer, April 13, 2009 (coauthored with Paul Yetter of Yetter, Warden & Coleman LLP) (discussing how some trial lawyer aphorisms do more harm than good in age of vanishing jury trial)
“Voir Dire: Let Go For Maximum Control,” Texas Lawyer, January 19, 2009 (coauthored with Hon. Grant Dorfman now of Nabors Industries) (discussing the need for trial lawyers to ask panelists the “hard questions” that create the biggest concerns for the lawyer’s case)
“Agency Investigations Require Shift in Approach,” Texas Lawyer, November 17, 2008 (discussing advocacy in governmental investigations)
“Save the Zeals: Balance Advocacy and Candor with Care,” Texas Lawyer, August 25, 2008 (discussing how lawyers and judges draw the line between ethical ‘warm zeal’ and sanctionable argument)
“Preparation, Not Spontaneity, Leads to Victory,” Texas Lawyer, March 17, 2008 (discussing preparation of effective opening and closing arguments)
“When to Use the Element of Surprise,” Texas Lawyer, December 31, 2007 (discussing use of suprise tactics in exposing an opponent’s fabricated claim or defense)
“Salvation by Summary,” Texas Lawyer, September 18, 2007 (discussing use of summary evidence in complex trials and arbitrations), reprinted at law.com’s Large Law Firm “Litigators” page
“The Smoking Email,” Texas Lawyer, July 2, 2007 (first in series on trial advocacy in the 21st century), reprinted at law.com’s Large Law Firm “Litigators” page
“Corporate Governance: Year-in-Review Special Report,” Texas Lawyer, Dec. 25, 2006
“Investors Should Be Wary of Risky EIAs,” Houston Business Journal, July 28, 2006, at 69 (guest commentary)
“Injunctive and Monetary Relief in Class Actions in the Fifth Circuit” (co-authored with Jack O’Neill, now of DLA Piper), State Bar of Texas Bar Antitrust and Business Litigation Section Report, 2002
“Depositions of Attorneys in Texas,” 64 Texas Bar Journal 245, March 2001
Speeches
Lecturer, “Meltdown: Litigating the Credit Crisis,” presented to the Houston Bar Association’s Securities Litigation and Arbitration Section, Oct. 14, 2008; also to Gardere Wynne Sewell LLP (Houston and Dallas offices); Yetter, Warden & Coleman LLP (Houston office); and Manatt, Phelps & Phillips LLP (San Francisco office). Slides from the speech can be found here.
Lecturer, “Securities Fraud in the Oil Patch,” North Houston Bar Association, 2006
Lecturer, “Divide and Conquer: ERISA Class-Action Stock-Drop Claims,” Zimmerman, Axelrad, Meyer, Stern & Wise, P.C., Houston, 2006
Lecturer, “Securities in the Six O’Clock News,” Texas Bar Association Securities Litigation and Arbitration Program, 2004
Lecturer, “The Tech Wreck,” State Bar of Texas Annual Meeting, 2003
Media Appearances
“David Sokol and the Lubrizol Shares,” Bloomberg Law, Apr. 9, 2011
(discussing SEC investigation of Berkshire Hathway’s David Sokol’s
trading of Lubrizol shares weeks before Berkshire’s announced
acquisition of Lubrizol)
“Closing Bell with Maria Bartiromo,” June 24, 2010 (commentary regarding “honest services” aspect of Supreme Court’s decision of United States v. Skilling)
“Arbitration Sought in Auction Rate Securities Fight,” Texas Lawyer, February 9, 2009 (discussing nature of auction-rate securities, the markets for them, and key issues involved in disputes arising out of the 2008 collapse of those markets)
“U.S. Judge Rules Citigroup Did Not Cheat Fund on Swap,” Bloomberg Radio, Nov. 13, 2008 (discussing opinion of U.S. District Judge Barbara Jones dismissing claim of hedge fund that made a bad bet in credit default swap with Citigroup on a collaterized debt obligation comprised of largely subprime mortgage-backed securities)
“Closing Bell with Maria Bartiromo,” June 21, 2007 (panel discussion regarding Blackstone’s IPO including former SEC Chairman Havery Pitt, Univ. of Texas law school professor Henry Hu, and securities litigators Marvin Pickholz and Andrew Stoltmann)