status report by dandanhuanghuang


									                                                                                        status report
                                                                              The Trial and Appellate Firm of Texas

{   relentless   expert   aggressive   excellent   attentive   creative   {
                                                                             At Lynn Tillotson & Pinker, clients rely on us to represent them in the way that we would want to be represented:
                                                                             Aggressively, creatively and relentlessly.

                                                                                                                There are some law firms that win consistently when they try or appeal cases.
                                                                                                                Usually, it’s difficult to determine precisely why they win. Indeed, they may
                                                                                                                not be able to describe why. At LT&P, we believe that our track record is no
                                                                                                                accident, but rather the product of talent, inspiration and hard work.
                                                                                                                When we established LT&P, we were determined to build one of the elite trial
                                                                                                                boutique firms in the United States.

                                                                                                                We believe we’ve achieved our goal.

Trey   Cox   Mike   Lynn   Jeff   Tillotson   Cody   Towns   Eric   Pinker
                                                                                                          Mike Lynn, Cody Towns and Todd Harlow represented Navigant
                                                                                                          Consulting in a two-week federal court trial against two former
                     Recent Trials and Arbitrations                                                       managing directors. Navigant alleged breach of fiduciary duty          Eric Pinker and Britta Stanton represented a large hospital
                                                                                                          and trade secret misappropriation. A $4.5 million judgment was         services provider in a weeklong arbitration in Birmingham
                     We continue to maintain a blistering trial schedule. We’re especially proud of       entered in favor of Navigant.                                          involving the purchase of a business unit by our client. The
                     the expertise and sophistication demonstrated by LT&P in these recent cases:                                                                                seller claimed it was entitled to $4.1 million pursuant to the
                                                                                                          Trey Cox and Jeremy Fielding, working on behalf of a large             contingent purchase price provision of an asset purchase
                     Jeff Tillotson and John Volney represented a major health care provider in a         power company, successfully thwarted a preliminary injunction          agreement. At the conclusion of the hearing, the arbitrator
                     large-scale arbitration against one of the nation’s top-tier hospitals. The health   motion intended to prevent construction of a $280 million wind         held that the seller was not entitled to any additional
                     care provider disputed certain claims for payment made by the hospital.              farm in west Texas.                                                    payments, assessed all costs against the plaintiff, and
                     Ultimately, the amount of payments owed by our client was reduced by nearly                                                                                 entered judgment in favor of our client on all counts.
                                                                                                          Eric Pinker and Britta Stanton represented a large hospital
{                {
                     $30 million.
    relentless                                                                                            services provider in a multi-week arbitration in Denver involving      Mike Lynn and Richard Smith represented a major
                     Mike Lynn and Jason Dennis represented a hedge fund trustee in a preliminary         the purchase of a separate company by our client. The seller           Dallas-based national law firm in a dispute with a departing
                     injunction hearing against former officers and directors of the hedge fund. The      claimed he was entitled to more than $4.3 million in cash and          principal. A take-nothing judgment was rendered in the
                     purpose was to sever insurance payments that were being used improperly to           stock under the earnout provision of the merger agreement.             case in which millions of dollars were sought.
                     defend against a lawsuit by the trustee. Insurance payments to hedge fund            After a week-long hearing, the arbitrator held that the seller was
                     officers were enjoined, and the case settled according to terms that allowed the     not entitled to any additional payments, and entered judgment          Eric Pinker and Cody Towns represented a local accounting
                     trustee to obtain control of millions of dollars in funds.                           in favor of our client on all counts.                                  firm in a $25 million audit malpractice case arising out of the
                                                                                                                                                                                 failure of a broker dealer. The case was tried to the
                     Eric Pinker and Richard Smith represented a regional hospital system in a                                                                                   bankruptcy court for two weeks and is currently pending for
                     multi-week accounting malpractice arbitration against its prior auditor, one of                                                                             decision before the court.
                     the large national accounting firms. At the conclusion of the arbitration hearing,
                     the three-member panel entered a confidential award in which it unanimously
                     held in favor of our client.

                                                                                                               {   e xc e l l e n c e :   po ssessin g    go o d   qualit ies   i n   hi g h   d e g r e e   {
                                                                       Mike Lynn, Richard Smith and Jason Dennis, along
                                                                       with former Texas Supreme Court Justice Deborah         {   a g g r e s s i ve :   assert ive   an d   bo ld:   en erget i c   {
Appellate Highlights:                                                  Hankinson, handled the post-verdict briefing in
                                                                       preparation for an appeal to the U.S. Court of
Demand for our appellate services is dramatically increasing.          Appeals for the 5th Circuit on behalf of a physician
Appeals may involve our existing clients or new clients who            whose hospital privileges were revoked as a result of
have experienced great success or failure at trial and now seek        a malicious peer review. The trial judge denied the
new energy and creativity. Here is a brief overview:                   defendants’ post-trial motions and entered
                                                                       judgment on behalf of our client in a case where
Mike Lynn obtained a unanimous Texas Supreme Court opinion             the jury awarded more than $300 million in damages
holding that the National Gypsum asbestos bankruptcy barred            on multiple causes of action. Poliner v. Texas Health
the claims of a class of bondholders who alleged the company           Sys., 2006 WL 770425 (N.D. Tex. 2006).
had been intentionally undervalued in the course of the
bankruptcy litigation. Browning v. Prostock, 165 S.W.2d 336            John Volney obtained a reversal of a jury verdict
(Tex. 2005).                                                           against our client, who was challenging a default
                                                                       judgment entered against him by the trial court.
Eric Pinker and Richard Smith obtained unanimous affirmance            Gunnerman v. Basic Capital Mgmt., Inc., 2006 WL
of a take-nothing summary judgment in favor of our client and          411805 (Tex. App.–Dallas 2006).
against a hotel chain that sued its insurers for $66 million in lost
revenues allegedly sustained as a result of the 9/11 terrorist         Chris Schwegmann and Jason Dennis, serving on
attacks. Wyndham Int’l, Inc. v. Ace American Ins. Co., 186             behalf of the ACLU as amicus curiae in a pro bono
S.W.3d 682 (Tex. App.–Dallas 2006).                                    criminal case, helped reverse the convictions of two
                                                                       women accused of delivering controlled substances
                                                                       to their unborn fetuses. Smith v. State, 2006 WL                                                                                   {   a g g r e s s i v e   {
                                                                       798069 (Tex. App.–Amarillo 2006).
                                                                         In the News
                                              {   e xc e l l e n t   {   From time to time, attorneys at LT&P make news or are
                                                                         called on to comment on legal issues of public
                                                                         importance. Here are a few highlights from the most
                                                                                                                                                Eric Pinker was recognized by the Dallas Business
                                                                         recent past:
                                                                                                                                                Journal as one of the top “Corporate Defenders” in
                                                                                                                                                North Texas. The business-oriented newspaper
                                                                         100%. That’s the percentage of LT&P Partners recognized
                                                                                                                                                gained insight from judges and in-house counsel to
                                                                         as Super Lawyers by their peers in a statewide survey
                                                                                                                                                develop a list of attorneys relied on by large
                                                                         published in Texas Monthly magazine. Mike Lynn, Jeff
                                                                                                                                                corporations when threatened by litigation.
                                                                         Tillotson, Eric Pinker, Trey Cox and Cody Towns were listed
                                                                         among the top 5% of all attorneys in Texas.
                                                                                                                                                Mike Lynn was selected by Lawdragon as one of the

{   a tte n ti v e   {                                                   Once again, partner John “Trey” Cox III, was named to
                                                                                                                                                top 500 “Leading Lawyers in America.”

                                                                         D Magazine’s list of the “Best Lawyers Under 40 in Dallas.”
                                                                                                                                                Mike Lynn, co-chair of the Federal Rules Task Force
                                                                         Mr. Cox received the honor for his trial work. In addition,
                                                                                                                                                of the Litigation Section of the American Bar
                                                                         the Dallas Business Journal recently recognized Mr. Cox as
                                                                                                                                                Association, assisted in formulating the resolution,
                                                                         among the “best and brightest business leaders” in its
                                                                                                                                                passed by the ABA, altering the Federal Rules of
                                                                         annual 40 Under 40 survey. Nationally, Mr. Cox has been
                                                                                                                                                Civil Procedure in two ways: one proposing a
                                                                         recognized by the legal publication Lawdragon as one of
                                                                                                                                                uniform procedure for treatment of inadvertent
                                                                         500 “new stars” in American law.
                                                                                                                                                disclosure of privileged materials and a second
                                                                                                                                                proposing to prevent the discovery of
                                                                                                                                                communications between counsel and experts in

                         {   crea t ive   {                                                                                                     the preparation of a case for trial.

                                                                                                                   {   a t t e n t i ve :   giving   close   and    thoughtful        attention        {
A Word From Our Clients                                           “Mike Lynn is one of the finest trial lawyers I have ever met. He
                                                                  repeatedly anticipated the other side’s arguments and turned
“For nearly four years Eric Pinker and Mike Lynn were a part of   them to our advantage. He is a brilliant cross-examiner and
our family. We were blessed to have such a strong team            has a flair for courtroom drama. No one will ever outwork him
working with us. Eric’s mind is brilliant, and his memory is      and his superb team.”
                                                                                                                                           New Faces and New Partners
photographic. Mike’s experience and courtroom presence is                                                                                  In the past year, we’ve witnessed unprecedented growth at LT&P.
unparalleled. We were most pleased however with their             Phillip P. Steptoe                                                       Please allow us to introduce some of our new faces:
never-wavering commitment to integrity, and their ability to      Former Vice President, General Counsel and Secretary
keep us on the moral high ground. There is not a stronger and     Navigant Consulting, Inc.
smarter firm in the country, nor a firm that I would feel more
                                                                                                                                           Cody Towns named LT&P partner.
secure to represent my name and reputation.”                      “I cannot imagine a better performance than the one I
                                                                  witnessed over the past few days at the class certification
                                                                                                                                           Cody is a graduate of the University of
Mike Pickens, Senior VP                                           hearing in Navaro-Rice v. First USA Bank. There is no doubt
                                                                                                                                           Oklahoma College of Law and truly
Pickens Energy Corporation                                        that it was Jeff Tillotson’s superior lawyering that made the
                                                                                                                                           does bleed crimson. After clerking for
                                                                                                                                           a federal district judge in Oklahoma,
“Trey Cox is one of those lawyers who can seize the moment
                                                                                                                                           and working at an Oklahoma firm,
and not necessarily need weeks and months to get prepared.        Clinton W. Walker
                                                                                                                                           Cody joined LT&P. Cody already has
One time, Trey represented us in West Texas when our $300         Executive Vice President and General Counsel
                                                                                                                                           made his mark by assisting in the
million wind-based electric generation project was threatened (Former General Counsel, First USA Bank)
                                                                                                                                           complex litigation connected to our
with a court-imposed shutdown. Trey went to work with
                                                                                                                                           representation of Taco Bell franchisees
virtually no advance notice. When testimony was completed,        “Eric Pinker represented us with the highest degree of preparation
                                                                                                                                           seeking lost profits against Aventis who
Trey convinced the judge in the case to immediately rule in our   and professional excellence from the selection of the jury through
                                                                                                                                           are in a landmark case involving
favor.”                                                           testimony, cross-examination, simplification of every complicated
                                                                                                                                           genetically modified corn.
                                                                  subject matter, summation, and the final questions that went to
David Markarian                                                   the jury.”
Senior Attorney
FPL Energy, LLC                                                   Marvin Myers, President                                              {     relentless:       persist en t    an d   st eady ;   un remit ti ng   {
                                                                  M. Myers Development
                       Also, four associates have joined us this year.
                                                                                      {   Jeremy Fielding previously served
                                                                                          as clerk at the U.S. Court of Appeals
                                                                                          for the Fifth Circuit after attending
                       {   Chris Schwegmann, formerly an associate at Cravath,
                           Swaine and Moore LLP, brings antitrust, trade secret and
                                                                                          Brigham Young University and
                                                                                          Harvard Law School. He joins us
                           intellectual property experience to the firm. Mr.              after a short stay at Baker Botts LLP.
                           Schwegmann served as a law clerk for federal judges            He’s energized our plaintiffs’
                           Joe Kendall and Sam Lindsay in the Northern District of        practice with boundless enthusiasm,
                           Texas. He brings a wonderful sense of humor and                incredibly good instincts and an
                           obvious rapport with jurors.                                   almost photographic memory.

                                 Aaron Miller is a former Texas
                                 Supreme Court clerk who comes          {                       Jeff Tolley comes to us from Jones Day
                                                                                                where he worked on an antitrust lawsuit   {
                                 to us from Gibson, Dunn &
                                                                                                for a major telecommunications
                                 Crutcher LLP. With Aaron’s
                                                                                                provider and a large power plant
                                 arrival, LT&P continues to expand
                                                                                                construction lawsuit for a major
                                 its Appellate Practice Group.
                                                                                                engineering firm. A University of
                                 Aaron brings a keen intellect and
                                                                                                Chicago Law School graduate, Jeff will
                                 excellent writing skills to our most
                                                                                                help us with our antitrust practice and
                                 complex trial matters. By the way,
                                                                                                international arbitration.
                                 he also possesses almost
                                 encyclopedic knowledge of the
                                 Texas Rules of Civil Procedure.
                                                                                                We are extremely proud of
                                                                                                this group of young lawyers.

{   e x p e r t :   demonstrating      great     skill    {                                     You will be hearing a lot
                                                                                                about them in the future.
750 North Saint Paul Street, Suite 14 0 0
Dallas Texas 75201
p 214.981.3800 f 214.981.3839

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