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April 11, 2013
U.S. Supreme Court Denies Cert in Significant Victory for BHDA Client
On April 1, 2013, the United States Supreme Court denied the petition for a writ of certiorari in Lepak v. City of Irving, leaving intact the firm's victory in the case in the district court and the Fifth Circuit Court of Appeals. The case raised the issue of whether the one person-one vote principle requires that districts be balanced in the number of potentially eligible voters rather than total population. Or to phrase the issue differently - whether children and non-citizens must be removed from the population totals before drawing legislative districts.
The case was a closely watched one as it was the subject of articles in the New York Times and the Los Angeles Times as well as the subject of legal blogs and law review articles. Had the Lepak plaintiffs prevailed it would have dramatically changed redistricting law in the United States.
Among other arguments, the firm's brief discussed the legislative history of the passage of the Fourteenth Amendment in 1866 and showed how the Congress discussed and acted on this issue at that time in relation to congressional apportionment. The brief also discussed the lack of demographic data that is sufficiently accurate for small geographic areas to permit districts to be drawn in the way the Lepak plaintiffs wanted. The firm worked on that issue with its expert witness in the case, Steve Murdock, the past director of the United States Census Bureau.
The issue was last before the Supreme Court in Chen v. City of Houston in 2001 in which the Court also declined to hear the case. In both Chen and Lepak Bickerstaff Heath Delgado Acosta's name partner Bob Heath was the lead attorney representing the winning party.
The case was a closely watched one as it was the subject of articles in the New York Times and the Los Angeles Times as well as the subject of legal blogs and law review articles. Had the Lepak plaintiffs prevailed it would have dramatically changed redistricting law in the United States.
Among other arguments, the firm's brief discussed the legislative history of the passage of the Fourteenth Amendment in 1866 and showed how the Congress discussed and acted on this issue at that time in relation to congressional apportionment. The brief also discussed the lack of demographic data that is sufficiently accurate for small geographic areas to permit districts to be drawn in the way the Lepak plaintiffs wanted. The firm worked on that issue with its expert witness in the case, Steve Murdock, the past director of the United States Census Bureau.
The issue was last before the Supreme Court in Chen v. City of Houston in 2001 in which the Court also declined to hear the case. In both Chen and Lepak Bickerstaff Heath Delgado Acosta's name partner Bob Heath was the lead attorney representing the winning party.
March 6, 2013
Attorney Vanessa A. Gonzalez Joins BHDA as Partner
Bickerstaff Heath Delgado Acosta LLP is pleased to announce that attorney Vanessa A. Gonzalez has joined our practice as a partner in our Austin office.
Ms. Gonzalez is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. She has defended employers through litigation and jury trials in state and federal courts and administrative investigations by the Equal Employment Opportunity Commission, Texas Workforce Commission, and Department of Labor. Ms. Gonzalez has experience offering consultation to employers on employment decisions, policies, and contracts, as well as workplace investigations. She also has experience training management and human resource professionals on employment law matters.
Our employment law practice assists clients in setting and communicating policies, training, providing counseling prior to employment actions, and handling claims through administrative procedures and litigation. We help clients develop fair and economical employment policies and procedures that comply with state and federal laws, and when litigation is necessary, we help clients obtain favorable outcomes so that they can get back to the business of running their businesses. We represent both public and private employers, including governmental entities, corporations, small businesses, and non-profit organizations.
Our litigation practice assists governmental entities and businesses in avoiding and resolving disputes. We specialize in litigation involving governmental entities, employment disputes, civil rights and constitutional issues, insurance matters, construction and real estate disputes, personal injury matters, environmental issues, and general civil matters.
Founded in 1980, Bickerstaff Heath Delgado Acosta is the largest firm in Texas devoted primarily to the practice of general litigation and local government law. We have offices located in Austin, Dallas, Houston, El Paso and the Rio Grande Valley. For more information on Vanessa A. Gonzalez and her practice, please see the Attorneys section of our site.
Ms. Gonzalez is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. She has defended employers through litigation and jury trials in state and federal courts and administrative investigations by the Equal Employment Opportunity Commission, Texas Workforce Commission, and Department of Labor. Ms. Gonzalez has experience offering consultation to employers on employment decisions, policies, and contracts, as well as workplace investigations. She also has experience training management and human resource professionals on employment law matters.
Our employment law practice assists clients in setting and communicating policies, training, providing counseling prior to employment actions, and handling claims through administrative procedures and litigation. We help clients develop fair and economical employment policies and procedures that comply with state and federal laws, and when litigation is necessary, we help clients obtain favorable outcomes so that they can get back to the business of running their businesses. We represent both public and private employers, including governmental entities, corporations, small businesses, and non-profit organizations.
Our litigation practice assists governmental entities and businesses in avoiding and resolving disputes. We specialize in litigation involving governmental entities, employment disputes, civil rights and constitutional issues, insurance matters, construction and real estate disputes, personal injury matters, environmental issues, and general civil matters.
Founded in 1980, Bickerstaff Heath Delgado Acosta is the largest firm in Texas devoted primarily to the practice of general litigation and local government law. We have offices located in Austin, Dallas, Houston, El Paso and the Rio Grande Valley. For more information on Vanessa A. Gonzalez and her practice, please see the Attorneys section of our site.
March 1, 2013
Landowners Successful in Challenge to MUD Creation
On February 27, TCEQ Commissioners denied a petition to create a municipal utility district (MUD) that would have included the property and homes of two of Bickerstaff Heath's landowner clients. The landowners, represented by BHDA attorney Josh Katz, argued that creation of the MUD and the proposed costs and taxes associated with it were not justified as the proposed MUD failed to meet its legal burdens to establish its necessity, feasibility, and benefits to the community. Mr. Katz was able to demonstrate that the estimated tax rate for the MUD was unreasonable and did not comply with TCEQ rules for the issuance of bonds. Mr. Katz was able to obtain a favorable ruling in spite of support for the petition to create the MUD from the TCEQ staff and public interest counsel.
Having long represented districts as well as private individuals, Mr. Katz and BHDA's other water utility attorneys are equally capable of assisting districts in their creation and other legal matters, and in challenges by landowners seeking to protect their private property interests. For more information on Mr. Katz, his practice, or BHDA's other water and wastewater utility practitioners, please see the Attorneys section of our site.
Having long represented districts as well as private individuals, Mr. Katz and BHDA's other water utility attorneys are equally capable of assisting districts in their creation and other legal matters, and in challenges by landowners seeking to protect their private property interests. For more information on Mr. Katz, his practice, or BHDA's other water and wastewater utility practitioners, please see the Attorneys section of our site.
February 11, 2013
BHDA Attorneys Speak at Upcoming Water Rights CLE
Later this month Susan Maxwell and Emily Rogers will speak during the Changing Face of Water Rights and Water Rights 101 CLE events, which are scheduled for February 20-22 at the Hyatt Hill Country Resort and Spa in San Antonio. Susan will speak Wednesday, February 20 at 1:30 p.m. on "Administrative Practice in Water Matters," and Emily will speak Friday, February 22 at 11 a.m. on "Alternative Water Supplies." A brochure for the Changing Face of Water Rights and Water Rights 101 events, which includes registration and CLE credit information, may be found at http://www.texasbarcle.com/materials/Programs/2652/Brochure.pdf.
January 10, 2013
Josh Katz Becomes Partner at BHDA
Bickerstaff Heath Delgado Acosta is pleased to announce that Josh Katz, an associate with the firm since 2010, has accepted the firm's offer of partnership.
Josh's practice areas include litigation, administrative law, environmental law, water law, and electric utility regulation. He represents municipalities, river authorities, water districts, and private entities in these and related matters before state and federal agencies and in state court.
Josh has established himself as an invaluable member of the firm, and his fellow partners are proud to welcome him.
Josh's practice areas include litigation, administrative law, environmental law, water law, and electric utility regulation. He represents municipalities, river authorities, water districts, and private entities in these and related matters before state and federal agencies and in state court.
Josh has established himself as an invaluable member of the firm, and his fellow partners are proud to welcome him.
October 26, 2012
BHDA Receives Award at Supreme Court Luncheon
On October 22, the Texas Access to Justice Commission presented an award to Bickerstaff Heath Delgado Acosta for its contribution to the Commission's 2012 Access to Justice Campaign. BHDA, which received its award during a special luncheon with the Supreme Court, raised more than any other mid-size firm in Austin and had the highest percentage of participation among attorneys of any mid-size firm in Austin.
With the support of the State Bar of Texas and civil legal services providers, the Texas Supreme Court created the Texas Access to Justice Commission to address the wide disparity in opportunities for low-income individuals to gain access to justice. The Commission is comprised of members from the legal, educational, public service and non-profit sectors. The Commission organizes its initiatives and projects through committees and task forces, which explore ways to improve access to civil justice for low-income Texans.
The efforts of BHDA and other firms throughout the state resulted in almost $1,000,000 in contributions to Texas legal aid. BHDA is proud to support the efforts of the Texas Access to Justice Commission to provide access to justice for low-income Texans.
With the support of the State Bar of Texas and civil legal services providers, the Texas Supreme Court created the Texas Access to Justice Commission to address the wide disparity in opportunities for low-income individuals to gain access to justice. The Commission is comprised of members from the legal, educational, public service and non-profit sectors. The Commission organizes its initiatives and projects through committees and task forces, which explore ways to improve access to civil justice for low-income Texans.
The efforts of BHDA and other firms throughout the state resulted in almost $1,000,000 in contributions to Texas legal aid. BHDA is proud to support the efforts of the Texas Access to Justice Commission to provide access to justice for low-income Texans.
October 23, 2012
BHDA Attorneys Speak at International Municipal Lawyers Association Annual Conference
On Monday, October 22, Bickerstaff Heath attorneys David Mendez and Bill Dugat spoke at the 2012 International Municipal Lawyers Association (IMLA) conference in Austin. The topic of their presentation was Alternative Methods of Managing and Securing Water for Municipalities. BHDA also serves as a sponsor of the event, which runs from October 21 to October 24 and attracts hundreds of local government lawyers from across the United States and Canada.
A non-profit organization dedicated to advancing the interests and education of local government lawyers, IMLA champions the development of fair and realistic legal solutions, and assists members on the vast and cutting edge legal issues facing local government lawyers today.
BHDA attorney Clayton Holland assisted Mr. Mendez and Mr. Dugat in preparing the paper they presented to IMLA registrants. A copy of the paper appears in the publications area of the firm's Web site.
A non-profit organization dedicated to advancing the interests and education of local government lawyers, IMLA champions the development of fair and realistic legal solutions, and assists members on the vast and cutting edge legal issues facing local government lawyers today.
BHDA attorney Clayton Holland assisted Mr. Mendez and Mr. Dugat in preparing the paper they presented to IMLA registrants. A copy of the paper appears in the publications area of the firm's Web site.
October 2, 2012
Coming Soon: The 2012 Texas Water Law Institute
The 2012 Texas Water Law Institute is scheduled for October 31 - November 2 at the AT&T Conference Center in Austin. Registrants will hear the latest updates and what to expect in the 83rd Legislature from regulatory members, attorneys and experts from around the state. Among the nearly 20 conference sessions are:
Current Issues at the TCEQ: Commissioner Carlos Rubenstein on the latest issues faced by the TCEQ, plus coverage of water curtailment rules and the priority system
Water Law Legislation in the 83rd Session: Presenters include Senator Kel Seliger, Natural Resources Committee, and Representative Eddie A. Lucio, III, Natural Resources Committee
A Streetcar Named Desired Future Conditions: Remixed, Remade and Remodeled (Available Groundwater)
Multiple desalination sessions: technology, benefits, legal obstacles and success stories
Sessions on groundwater conservation districts: survey of rules and regulatory approaches, procedural rules and contested cases, and governance issues
Development of SB3 Environmental Flows: a mid-course evaluation of how SB3 is working, and resolving in-stream flow conflicts with ADR
Ground and Surface Water Issues in the Western States with Justice Greg Hobbs, Colorado Supreme Court
Wednesday evening's Texas Water Law Overview with Jim Mathews and Bickerstaff Heath Delgado Acosta partner Doug Caroom
In addition to Doug Caroom, BHDA attorney Bill Dugat will present Legal Obstacles to Successful Implementation of a Desalination Project, and attorney Emily Rogers will present Water for Your Project: A Walkthrough.
Registrants can earn up to 15.25 hours of CLE credit, including 1.50 ethics hours.
More information on the conference may be found at http://www.utcle.org/conference_overview.php?conferenceid=1035, and a printable version of the complete conference brochure is attached to this article.
Current Issues at the TCEQ: Commissioner Carlos Rubenstein on the latest issues faced by the TCEQ, plus coverage of water curtailment rules and the priority system
Water Law Legislation in the 83rd Session: Presenters include Senator Kel Seliger, Natural Resources Committee, and Representative Eddie A. Lucio, III, Natural Resources Committee
A Streetcar Named Desired Future Conditions: Remixed, Remade and Remodeled (Available Groundwater)
Multiple desalination sessions: technology, benefits, legal obstacles and success stories
Sessions on groundwater conservation districts: survey of rules and regulatory approaches, procedural rules and contested cases, and governance issues
Development of SB3 Environmental Flows: a mid-course evaluation of how SB3 is working, and resolving in-stream flow conflicts with ADR
Ground and Surface Water Issues in the Western States with Justice Greg Hobbs, Colorado Supreme Court
Wednesday evening's Texas Water Law Overview with Jim Mathews and Bickerstaff Heath Delgado Acosta partner Doug Caroom
In addition to Doug Caroom, BHDA attorney Bill Dugat will present Legal Obstacles to Successful Implementation of a Desalination Project, and attorney Emily Rogers will present Water for Your Project: A Walkthrough.
Registrants can earn up to 15.25 hours of CLE credit, including 1.50 ethics hours.
More information on the conference may be found at http://www.utcle.org/conference_overview.php?conferenceid=1035, and a printable version of the complete conference brochure is attached to this article.
September 14, 2012
BHDA Named a Champion of Justice Law Firm
The Texas Access to Justice Commission has recognized Bickerstaff Heath Delgado Acosta as a Champion of Justice law firm for its contribution to this year's Access to Justice campaign. BHDA raised more than any other mid-size firm in Austin and had the highest percentage of participation among attorneys of any mid-size firm in Austin. The efforts of BHDA and other firms throughout the state resulted in almost $1,000,000 in contributions to Texas legal aid. BHDA is proud to support the efforts of the Texas Access to Justice Commission to provide access to justice for low-income Texans.
With the support of the State Bar of Texas and civil legal services providers, the Texas Supreme Court created the Texas Access to Justice Commission to address the wide disparity in opportunities for low-income individuals to gain access to justice. The Commission is comprised of members from the legal, educational, public service and non-profit sectors. The Commission organizes its initiatives and projects through committees and task forces, which explore ways to improve access to civil justice for low-income Texans.
With the support of the State Bar of Texas and civil legal services providers, the Texas Supreme Court created the Texas Access to Justice Commission to address the wide disparity in opportunities for low-income individuals to gain access to justice. The Commission is comprised of members from the legal, educational, public service and non-profit sectors. The Commission organizes its initiatives and projects through committees and task forces, which explore ways to improve access to civil justice for low-income Texans.
July 23, 2012
Bob Heath Contributes Chapter to Newly Published Book on Election Law and Voting Rights
The American Bar Association Section of State and Local Goverment Law recently published the second edition of America Votes!: A Guide to Modern Election Law and Voting Rights, a resource for lawyers, professors, and election officials and administrators regarding important election and voting rights issues. Attorney Bob Heath wrote the book's second chapter, which addresses the impact of noncitizens on voting rights issues.
A nationally recognized expert on voting rights and redistricting, Mr. Heath has been involved in redistricting matters since 1971 and has extensive experience in legislative and congressional districting in Texas and numeous other jurisdictions. The depth of his experience is highlighted in the book's preface:
"[Bob] has represented hundreds of state and local political subdivisions in some of the most significant voting rights litigation in his home state of Texas, the District of Columbia, and the Fifth Circuit, most recently Chen v. City of Houston and Lepak v. City of Irving, which focus on whether noncitizens should be included for one person, one vote purposes in the apportionment base."
Edited by Benjamin E. Griffith, the second edition of America Votes! is available for purchase now through the American Bar Association Web site.
A nationally recognized expert on voting rights and redistricting, Mr. Heath has been involved in redistricting matters since 1971 and has extensive experience in legislative and congressional districting in Texas and numeous other jurisdictions. The depth of his experience is highlighted in the book's preface:
"[Bob] has represented hundreds of state and local political subdivisions in some of the most significant voting rights litigation in his home state of Texas, the District of Columbia, and the Fifth Circuit, most recently Chen v. City of Houston and Lepak v. City of Irving, which focus on whether noncitizens should be included for one person, one vote purposes in the apportionment base."
Edited by Benjamin E. Griffith, the second edition of America Votes! is available for purchase now through the American Bar Association Web site.
May 2, 2012
Chuck Kimbrough Presented with Pro Bono Award
On May 1, BHDA attorney Chuck Kimbrough received the James B. Sales Boots on the Ground Award from the Texas Access to Justice Commission (TAJC) for his work on a case involving 13 families in Williamson County who had purchased land but never received title from the sellers. Supreme Court of Texas Chief Justice Wallace B. Jefferson presented Chuck with the award at TAJC's annual Champions of Justice Gala.
Among the Gala's attendees were Lieutenant Governor David Dewhurst, Attorney General Greg Abbott, state Senator José Rodríguez, state Senator Kirk Watson, Representative Pete Gallego, University of Texas football coach Mack Brown, and guest speaker Admiral William H. McRaven, Commander of the U.S. Special Operations Command.
Regarding the case for which Chuck was recognized, Bickerstaff Heath represented 7 of the 13 families involved in the case, and Texas RioGrande Legal Aid (TRLA) represented the remaining 6. The firm began working on the case in 2002, and it was resolved in favor of the families earlier this year. The combined efforts of Bickerstaff Heath, TRLA, and the Williamson County Court system were necessary to bring the case to a positive resolution.
In accepting his award, Chuck said:
...in standing here, I stand on the shoulders of many people, inside and outside our law firm, whose efforts coalesced in a successful result. On a night when we celebrate team leadership and the team-oriented goals of public leadership and patriotism, let me say on behalf of our law firm that it has always been a team effort, and you honor us -- not just me -- with this award.
For more information on the Texas Access to Justice Commission, please see the TAJC web site at http://texasatj.org/.
Among the Gala's attendees were Lieutenant Governor David Dewhurst, Attorney General Greg Abbott, state Senator José Rodríguez, state Senator Kirk Watson, Representative Pete Gallego, University of Texas football coach Mack Brown, and guest speaker Admiral William H. McRaven, Commander of the U.S. Special Operations Command.
Regarding the case for which Chuck was recognized, Bickerstaff Heath represented 7 of the 13 families involved in the case, and Texas RioGrande Legal Aid (TRLA) represented the remaining 6. The firm began working on the case in 2002, and it was resolved in favor of the families earlier this year. The combined efforts of Bickerstaff Heath, TRLA, and the Williamson County Court system were necessary to bring the case to a positive resolution.
In accepting his award, Chuck said:
...in standing here, I stand on the shoulders of many people, inside and outside our law firm, whose efforts coalesced in a successful result. On a night when we celebrate team leadership and the team-oriented goals of public leadership and patriotism, let me say on behalf of our law firm that it has always been a team effort, and you honor us -- not just me -- with this award.
For more information on the Texas Access to Justice Commission, please see the TAJC web site at http://texasatj.org/.
April 23, 2012
BHDA Earns "A" Grade for Diversity
Bickerstaff Heath Delgado Acosta (BHDA) is one of seven Austin law firms to earn an A grade on the recently released 2011 Austin Law Firm Diversity Report Card. The Report Card, issued by the Austin Asian American Bar Association, the Austin Black Lawyers Association, and the Hispanic Bar Association of Austin, evaluates and provides a grade for the 20 largest law firms in Austin based on the percentage of minority attorneys in each firm. BHDA is among the firms recognized for its "exceptional minority recruitment, hiring, and retention efforts."
BHDA is committed to advancing diversity within our firm and in our communities. As a firm that has welcomed and advanced women and minority lawyers since its creation in 1980, we have continued to expand and promote opportunities for all people. In addition to creating an environment that is fair and attractive to women and minority lawyers and staff, we support our clients' commitments to diversity by assembling appropriate project teams that reflect our firm's diversity and meet our clients' staffing requirements.
As a diverse firm, we are aware of the difficulties that continue to face women and minorities in the legal profession as well as diverse and minority-owned firms. Our vision for today therefore includes affirmatively promoting equal opportunity within both the legal community and the client community.
For more information regarding the 2011 Austin Law Firm Diversity Report Card, please visit the Hispanic Bar Association of Austin's web site at http://www.hispanicbaraustin.com/news/2012-04-20/austin-minority-bar-associations-issue-diversity-report-card.html.
BHDA is committed to advancing diversity within our firm and in our communities. As a firm that has welcomed and advanced women and minority lawyers since its creation in 1980, we have continued to expand and promote opportunities for all people. In addition to creating an environment that is fair and attractive to women and minority lawyers and staff, we support our clients' commitments to diversity by assembling appropriate project teams that reflect our firm's diversity and meet our clients' staffing requirements.
As a diverse firm, we are aware of the difficulties that continue to face women and minorities in the legal profession as well as diverse and minority-owned firms. Our vision for today therefore includes affirmatively promoting equal opportunity within both the legal community and the client community.
For more information regarding the 2011 Austin Law Firm Diversity Report Card, please visit the Hispanic Bar Association of Austin's web site at http://www.hispanicbaraustin.com/news/2012-04-20/austin-minority-bar-associations-issue-diversity-report-card.html.
April 20, 2012
BHDA Attorney Chuck Kimbrough to Receive Important Award for Pro Bono Work
Bickerstaff Heath Delgado Acosta attorney Chuck Kimbrough will receive the James B. Sales Boots on the Ground Award from the Texas Access to Justice Commission (TAJC) for his work on a case involving 13 families in Williamson County who had purchased land but never received title from the sellers. The award will be presented May 1, 2012 at TAJC's annual Champions of Justice Gala.
Of the 13 families involved in the case, Bickerstaff Heath represented 7 and Texas RioGrande Legal Aid (TRLA) represented 6. The firm began working on the case in 2002, and it was resolved in favor of the families earlier this year. The combined efforts of Bickerstaff Heath, TRLA, and the Williamson County Court system were necessary to bring the case to a positive resolution. Mr. Kimbrough describes the importance of teamwork to the pro bono effort as follows:
"It is truly a team effort. It is a team effort inside this law firm and a team effort statewide. We can't effectively help people without legal aid entities, the lawyers and staff members who sign on to help, or the efforts of the court system."
For more information on the Texas Access to Justice Commission and the upcoming Champions of Justice Gala, please see the TAJC web site at http://texasatj.org/.
Of the 13 families involved in the case, Bickerstaff Heath represented 7 and Texas RioGrande Legal Aid (TRLA) represented 6. The firm began working on the case in 2002, and it was resolved in favor of the families earlier this year. The combined efforts of Bickerstaff Heath, TRLA, and the Williamson County Court system were necessary to bring the case to a positive resolution. Mr. Kimbrough describes the importance of teamwork to the pro bono effort as follows:
"It is truly a team effort. It is a team effort inside this law firm and a team effort statewide. We can't effectively help people without legal aid entities, the lawyers and staff members who sign on to help, or the efforts of the court system."
For more information on the Texas Access to Justice Commission and the upcoming Champions of Justice Gala, please see the TAJC web site at http://texasatj.org/.
April 17, 2012
BHDA Controller Chris Sims Now President of ALA's Austin Chapter
Bickerstaff Heath Delgado Acosta's Controller, Chris Sims, is the new President of the Austin Chapter of the Association of Legal Administrators (ALA). Chris has been a member of the Austin Chapter since 2001. Serving as president is a significant honor for Chris and richly deserved after the great time and effort he has devoted to the organization. We are very proud of Chris' achievement and wish him all the best as he begins his term.
The Association of Legal Administrators is an international organization with nearly 10,000 members representing law firms and corporate legal departments from all over the world. The Austin Chapter of the Association of Legal Administrators was chartered in 1978 and has grown from 9 original members to over 85 members representing 45 law firms and legal departments in the Austin area today. The Chapter's goal is to connect its members with opportunities for personal and professional growth through knowledge, resources and networking.
The Association of Legal Administrators is an international organization with nearly 10,000 members representing law firms and corporate legal departments from all over the world. The Austin Chapter of the Association of Legal Administrators was chartered in 1978 and has grown from 9 original members to over 85 members representing 45 law firms and legal departments in the Austin area today. The Chapter's goal is to connect its members with opportunities for personal and professional growth through knowledge, resources and networking.
April 3, 2012
BHDA Attorney Chuck Kimbrough Named ATJ Pro Bono Champion
Bickerstaff Heath Delgado Acosta attorney Chuck Kimbrough has been recognized as an Access to Justice Pro Bono Champion for his work on a case involving 13 families in Williamson County who had purchased land but never received title from the sellers. Of the 13 families, Bickerstaff Heath represented 7 and Texas RioGrande Legal Aid (TRLA) represented 6. The firm began working on the case in 2002, and it was resolved in favor of the families earlier this year.
The combined efforts of Bickerstaff Heath, TRLA, and the Williamson County Court system were necessary to bring the case to a positive resolution. Mr. Kimbrough describes the importance of teamwork to the pro bono effort as follows:
"It is truly a team effort. It is a team effort inside this law firm and a team effort statewide. We can't effectively help people without legal aid entities, the lawyers and staff members who sign on to help, or the efforts of the court system."
For the entire profile of Mr. Kimbrough featured in this month's Texas Bar Journal, please see page 350 of the April issue, which may be found at http://mydigimag.rrd.com/publication/?m=21412&l=1.
The combined efforts of Bickerstaff Heath, TRLA, and the Williamson County Court system were necessary to bring the case to a positive resolution. Mr. Kimbrough describes the importance of teamwork to the pro bono effort as follows:
"It is truly a team effort. It is a team effort inside this law firm and a team effort statewide. We can't effectively help people without legal aid entities, the lawyers and staff members who sign on to help, or the efforts of the court system."
For the entire profile of Mr. Kimbrough featured in this month's Texas Bar Journal, please see page 350 of the April issue, which may be found at http://mydigimag.rrd.com/publication/?m=21412&l=1.
February 16, 2012
New Edition of the Public Finance Handbook for Texas Counties Available Now
The new edition of the Public Finance Handbook for Texas Counties, prepared by Tom Pollan and published by the Texas Association of Counties (TAC), has been posted on the TAC site, a link to which is included under "Details" at the bottom of this article. The Handbook is designed to explain the bond issuance process, especially for counties that do not issue bonds on a frequent basis. Among other topics, it addresses the ways in which a county can finance projects, the roles of the financial advisor and bond counsel, the documents used in a county bond issue, bond elections, and public finance for economic development.
A partner at Bickerstaff Heath, Mr. Pollan has represented numerous counties, cities and special districts throughout Texas in the issuance of general obligation bonds, revenue bonds, certificates of obligation and tax notes. He is a frequent speaker at public finance seminars and training programs, including those sponsored by the Texas Association of Counties, the V.G. Young Institute, and the Texas Leadership Institute. In addition to serving as bond counsel, underwriter's counsel and issuer's counsel, he also has successfully tried several bond validation lawsuits.
Mr. Pollan is a member of the National Association of Bond Lawyers and is listed in the Bond Buyer's Municipal Marketplace (the "Red Book"). He serves as bond counsel, underwriter's counsel and special counsel in connection with local government financings and has personally served as bond counsel to over fifty Texas counties. Prior to joining Bickerstaff Heath, he was Chief of the Insurance, Banking and Securities Division of the Office of the Attorney General of Texas.
The depth of Mr. Pollan's experience is ably demonstrated by the introductory remarks written by TAC General Counsel Karen Gladney in the Handbook's latest edition:
"Tom Pollan is an Austin attorney in private practice who has served as a willing and able external resource for the Legal Department of the Texas Association of Counties for many years. In fact he provided much of the early organizational guidance for the Association before there was a staff legal department at TAC. The Association will always be in his debt for the counsel he has provided through the years. The user of this publication will easily perceive Pollan's gift for insightful and practical guidance through a maze of a very technical field of law and practice. We believe that this publication is unique and will become an essential tool for county officials."
A copy of the Handbook also appears in the "Publications" area of this site.
A partner at Bickerstaff Heath, Mr. Pollan has represented numerous counties, cities and special districts throughout Texas in the issuance of general obligation bonds, revenue bonds, certificates of obligation and tax notes. He is a frequent speaker at public finance seminars and training programs, including those sponsored by the Texas Association of Counties, the V.G. Young Institute, and the Texas Leadership Institute. In addition to serving as bond counsel, underwriter's counsel and issuer's counsel, he also has successfully tried several bond validation lawsuits.
Mr. Pollan is a member of the National Association of Bond Lawyers and is listed in the Bond Buyer's Municipal Marketplace (the "Red Book"). He serves as bond counsel, underwriter's counsel and special counsel in connection with local government financings and has personally served as bond counsel to over fifty Texas counties. Prior to joining Bickerstaff Heath, he was Chief of the Insurance, Banking and Securities Division of the Office of the Attorney General of Texas.
The depth of Mr. Pollan's experience is ably demonstrated by the introductory remarks written by TAC General Counsel Karen Gladney in the Handbook's latest edition:
"Tom Pollan is an Austin attorney in private practice who has served as a willing and able external resource for the Legal Department of the Texas Association of Counties for many years. In fact he provided much of the early organizational guidance for the Association before there was a staff legal department at TAC. The Association will always be in his debt for the counsel he has provided through the years. The user of this publication will easily perceive Pollan's gift for insightful and practical guidance through a maze of a very technical field of law and practice. We believe that this publication is unique and will become an essential tool for county officials."
A copy of the Handbook also appears in the "Publications" area of this site.
November 15, 2011
Bickerstaff Heath among 2011-12 Best Law Firms
Bickerstaff Heath Delgado Acosta LLP has been recognized in the U.S. News-Best Lawyers® 2011-2012 "Best Law Firms" rankings as an Austin Tier 1 firm in Water Law and an Austin Tier 2 firm in Corporate Law. The rankings showcase 9,633 different law firms ranked nationally in one or more of 75 major legal practice areas and in metropolitan or state rankings in one or more of 119 major legal practice areas. Rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.
To be eligible for a ranking, a law firm must have at least one lawyer who is included in Best Lawyers as part of the annual peer review assessment. BHDA attorneys Douglas G. Caroom and John E. Gangstad were both included in the 2012 edition of The Best Lawyers in America®. Mr. Caroom, who was first listed in the guide in 2007, practices in the firm's Water Law group, along with attorneys William D. Dugat III, Susan M. Maxwell, Emily Rogers, and Joshua Katz. Mr. Gangstad, who was first listed in the guide in 1987, practices in the firm's Corporate Law group with attorneys Denise V. Cheney, Hector Delgado, Syd Falk, and Steven H. Weller. Mr. Caroom was also named Best Lawyers 2012 Austin Water Law Lawyer of the Year.
Certified by the Texas Board of Legal Specialization in Administrative Law, Doug Caroom practices in the areas of water and environmental law, administrative law, and public law. Doug represents governmental, industrial, commercial, and private clients in both litigation matters and administrative proceedings.
John Gangstad practices in the areas of general corporate, entity formation and acquisitions, securities, and oil and gas law. He assists clients in private placements of securities, preparation of proxy statements and periodic reports required by the Securities Exchange Act of 1934, and public offerings of securities.
BHDA's Water and Wastewater Utilities attorneys counsel both public and private entities in all facets of water and wastewater utility law. Our attorneys have a broad range of experience in this area, having represented numerous cities and several river authorities in certificate of convenience and necessity cases before the Texas Commission on Environmental Quality (TCEQ) and other cities in various wholesale and retail water and wastewater rate cases. Our Water and Wastewater Utilities practice includes:
- Certificates of Convenience and Necessity
- Water and Wastewater Utility Regulation
- Ratemaking
- Wholesale and Retail Water and Wastewater Supply Contracts
- Service Territory Disputes
- Acquisition and Sale of Water and Wastewater Systems and Real Property
- Financing
We have substantial experience in developing and implementing comprehensive water supply strategies and water management plans for municipalities, water districts, river authorities, and water utilities. We have represented public and private entities in the acquisition and development of surface water and groundwater rights permits as well as major surface water and groundwater supply facilities needed for production, such as reservoirs, pipelines, water treatment facilities, and salinity control facilities. In addition, our attorneys have served as bond counsel for the financing of these major transactions. Our expertise in the areas of water rights law and strategic water planning enables us to assist clients with the development and distribution of their water resources, whether groundwater or surface water, and to guide them through the myriad of local, state, and federal laws and regulations that affect water rights. Our Water Rights and Water Development practice includes:
- Surface Water Rights, Reuse Permitting, and Interbasin Transfers
- Groundwater Regulations and Rights
- Water Supply and Management, and Comprehensive Strategic Planning
- Water Sales, Transfers, and Leases and Water Marketing
- Water Facility and Land Acquisitions and Sales
- Financing
The firm's Corporate Law practice group assists clients in the following areas:
- Real Estate Matters
- General Corporate Counseling
- Securities Law
- Mergers and Acquisitions
- Partnership Matters
- Banking Matters
- General Business
- Intellectual Property
- Representative Transactions of Our Transactional Attorneys
To be eligible for a ranking, a law firm must have at least one lawyer who is included in Best Lawyers as part of the annual peer review assessment. BHDA attorneys Douglas G. Caroom and John E. Gangstad were both included in the 2012 edition of The Best Lawyers in America®. Mr. Caroom, who was first listed in the guide in 2007, practices in the firm's Water Law group, along with attorneys William D. Dugat III, Susan M. Maxwell, Emily Rogers, and Joshua Katz. Mr. Gangstad, who was first listed in the guide in 1987, practices in the firm's Corporate Law group with attorneys Denise V. Cheney, Hector Delgado, Syd Falk, and Steven H. Weller. Mr. Caroom was also named Best Lawyers 2012 Austin Water Law Lawyer of the Year.
Certified by the Texas Board of Legal Specialization in Administrative Law, Doug Caroom practices in the areas of water and environmental law, administrative law, and public law. Doug represents governmental, industrial, commercial, and private clients in both litigation matters and administrative proceedings.
John Gangstad practices in the areas of general corporate, entity formation and acquisitions, securities, and oil and gas law. He assists clients in private placements of securities, preparation of proxy statements and periodic reports required by the Securities Exchange Act of 1934, and public offerings of securities.
BHDA's Water and Wastewater Utilities attorneys counsel both public and private entities in all facets of water and wastewater utility law. Our attorneys have a broad range of experience in this area, having represented numerous cities and several river authorities in certificate of convenience and necessity cases before the Texas Commission on Environmental Quality (TCEQ) and other cities in various wholesale and retail water and wastewater rate cases. Our Water and Wastewater Utilities practice includes:
- Certificates of Convenience and Necessity
- Water and Wastewater Utility Regulation
- Ratemaking
- Wholesale and Retail Water and Wastewater Supply Contracts
- Service Territory Disputes
- Acquisition and Sale of Water and Wastewater Systems and Real Property
- Financing
We have substantial experience in developing and implementing comprehensive water supply strategies and water management plans for municipalities, water districts, river authorities, and water utilities. We have represented public and private entities in the acquisition and development of surface water and groundwater rights permits as well as major surface water and groundwater supply facilities needed for production, such as reservoirs, pipelines, water treatment facilities, and salinity control facilities. In addition, our attorneys have served as bond counsel for the financing of these major transactions. Our expertise in the areas of water rights law and strategic water planning enables us to assist clients with the development and distribution of their water resources, whether groundwater or surface water, and to guide them through the myriad of local, state, and federal laws and regulations that affect water rights. Our Water Rights and Water Development practice includes:
- Surface Water Rights, Reuse Permitting, and Interbasin Transfers
- Groundwater Regulations and Rights
- Water Supply and Management, and Comprehensive Strategic Planning
- Water Sales, Transfers, and Leases and Water Marketing
- Water Facility and Land Acquisitions and Sales
- Financing
The firm's Corporate Law practice group assists clients in the following areas:
- Real Estate Matters
- General Corporate Counseling
- Securities Law
- Mergers and Acquisitions
- Partnership Matters
- Banking Matters
- General Business
- Intellectual Property
- Representative Transactions of Our Transactional Attorneys
October 10, 2011
Doug Caroom Named Austin Water Law Lawyer of the Year
Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named Douglas G. Caroom as the Best Lawyers 2012 Austin Water Law Lawyer of the Year.
Certified by the Texas Board of Legal Specialization in Administrative Law, Doug Caroom practices in the areas of water and environmental law, administrative law, and public law. Doug represents governmental, industrial, commercial, and private clients in both litigation matters and administrative proceedings.
After more than a quarter of a century in publication, Best Lawyers is designating "Lawyers of the Year" in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the "Lawyer of the Year."
Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 18th edition of The Best Lawyers in America (2012) is based on more than 3.9 million detailed evaluations of lawyers by other lawyers.
The lawyers being honored as "Lawyers of the Year" have received particularly high ratings in our surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity.
Certified by the Texas Board of Legal Specialization in Administrative Law, Doug Caroom practices in the areas of water and environmental law, administrative law, and public law. Doug represents governmental, industrial, commercial, and private clients in both litigation matters and administrative proceedings.
After more than a quarter of a century in publication, Best Lawyers is designating "Lawyers of the Year" in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the "Lawyer of the Year."
Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 18th edition of The Best Lawyers in America (2012) is based on more than 3.9 million detailed evaluations of lawyers by other lawyers.
The lawyers being honored as "Lawyers of the Year" have received particularly high ratings in our surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity.
September 30, 2011
Bickerstaff Heath Delgado Acosta Claims Four 2011 Super Lawyers
Bickerstaff Heath Delgado Acosta attorneys Doug Caroom, Bill Dugat, Bob Heath, and Tom Pollan have been named by Texas Super Lawyers magazine as four of the top attorneys in Texas for 2011. Only five percent of Texas attorneys are selected by Super Lawyers for inclusion on its esteemed list.
Certified by the Texas Board of Legal Specialization in Administrative Law, Doug Caroom practices in the areas of water and environmental law, administrative law, and public law. Doug represents governmental, industrial, commercial, and private clients in both litigation matters and administrative proceedings. He was selected a Texas Super Lawyer for Environmental practice.
A founder of the firm and a member of the state's original group of board-certified administrative law attorneys, Bob Heath practices in the areas of administrative law, public law, open government, and redistricting. Bob works with private and public entity clients on matters including voting rights, election law, purchasing, ethics, regulatory actions, and school law. In addition, he is an accomplished litigator, with numerous reported cases to his credit, and the author of many notable publications. Bob was selected a Texas Super Lawyer for Administrative Law practice.
Tom Pollan's practice areas include public finance law, administrative law, public law, open government, and redistricting. He has extensive experience organizing and coordinating bond elections and handling public financing for local governments. Tom is also one of the original lawyers certified by the Texas Board of Legal Specialization in Administrative Law and was selected a Texas Super Lawyer for Administrative Law practice.
Bill Dugat is also certified by the Texas Board of Legal Specialization in Administrative Law. Bill's practice areas include water and environmental law, public law, and administrative law. He represents and advises municipalities, river authorities, and water districts before state and federal agencies. Bill was also selected a Texas Super Lawyer for Administrative Law practice.
In producing its annual list, the research team at Super Lawyers undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check.
First published by Law & Politics, Super Lawyers was recently acquired by Thomson Reuters, Legal. Super Lawyers can be found online at superlawyers.com, where lawyers can be searched by practice area and location.
Certified by the Texas Board of Legal Specialization in Administrative Law, Doug Caroom practices in the areas of water and environmental law, administrative law, and public law. Doug represents governmental, industrial, commercial, and private clients in both litigation matters and administrative proceedings. He was selected a Texas Super Lawyer for Environmental practice.
A founder of the firm and a member of the state's original group of board-certified administrative law attorneys, Bob Heath practices in the areas of administrative law, public law, open government, and redistricting. Bob works with private and public entity clients on matters including voting rights, election law, purchasing, ethics, regulatory actions, and school law. In addition, he is an accomplished litigator, with numerous reported cases to his credit, and the author of many notable publications. Bob was selected a Texas Super Lawyer for Administrative Law practice.
Tom Pollan's practice areas include public finance law, administrative law, public law, open government, and redistricting. He has extensive experience organizing and coordinating bond elections and handling public financing for local governments. Tom is also one of the original lawyers certified by the Texas Board of Legal Specialization in Administrative Law and was selected a Texas Super Lawyer for Administrative Law practice.
Bill Dugat is also certified by the Texas Board of Legal Specialization in Administrative Law. Bill's practice areas include water and environmental law, public law, and administrative law. He represents and advises municipalities, river authorities, and water districts before state and federal agencies. Bill was also selected a Texas Super Lawyer for Administrative Law practice.
In producing its annual list, the research team at Super Lawyers undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check.
First published by Law & Politics, Super Lawyers was recently acquired by Thomson Reuters, Legal. Super Lawyers can be found online at superlawyers.com, where lawyers can be searched by practice area and location.
August 31, 2011
Two BHDA Attorneys Selected for 2012 Best Lawyers in America Guide
BHDA attorneys Douglas G. Caroom and John E. Gangstad have been selected by their peers for inclusion in the 2012 edition of The Best Lawyers in America® (Copyright 2011 by Woodward/White, Inc., of Aiken, S.C.).
Best Lawyers is based on an exhaustive peer-review survey in which more than 41,000 attorneys cast almost 3.9 million votes on the legal abilities of other lawyers in their practice areas. Mr. Caroom was first listed in the guide in 2007, and Mr. Gangstad was first listed in 1987.
Best Lawyers is based on an exhaustive peer-review survey in which more than 41,000 attorneys cast almost 3.9 million votes on the legal abilities of other lawyers in their practice areas. Mr. Caroom was first listed in the guide in 2007, and Mr. Gangstad was first listed in 1987.
August 24, 2011
Court of Appeals Confirms Commissioners Court's Authority
On August 24, 2011, The Third Court of Appeals ruled in a case entitled Dan A. Gattis, et al v. Jana Duty, which involved a suit by Jana Duty, County Attorney for Williamson County, against the Williamson County Commissioners Court. Ms. Duty sued the Commissioners Court for reducing the County Attorney's budget in order to use the savings to hire the Commissioner Court's own attorney. Although Ms. Duty admitted that the Commissioners had the authority to hire their own counsel, she objected to various aspects of the procedure the Commissioners Court followed in making the budget transfer.
C. Robert Heath, a senior partner in Bickerstaff Heath Delgado Acosta, represented the County and filed a plea to the jurisdiction asking the district judge to dismiss the case. When the district judge ruled against the County, we immediately appealed. The Court of Appeals, in issuing its ruling, determined that the County Attorney had no standing to sue the County Commissioners Court, that the district judge erred in not dismissing the case, and then rendered judgment in favor of the Commissioners Court.
C. Robert Heath, a senior partner in Bickerstaff Heath Delgado Acosta, represented the County and filed a plea to the jurisdiction asking the district judge to dismiss the case. When the district judge ruled against the County, we immediately appealed. The Court of Appeals, in issuing its ruling, determined that the County Attorney had no standing to sue the County Commissioners Court, that the district judge erred in not dismissing the case, and then rendered judgment in favor of the Commissioners Court.
