Bell Nunnally & Martin LLP RSS Feed Nov 2018 00:00:00 -0800firmwise Nunnally Counsels North Texas Appliance Company Capital Distributing in Sale to Ferguson<div style="text-align: justify;">Bell Nunnally Partner Trey DeLoach and associates Peter J. Kosydar, III and Stephen I. Iya served as deal counsel to client Capital Distributing &ndash; a Dallas-based appliance seller, offering delivery and installation for builders, remodelers, architects, designers and consumers &ndash; in its sale in late October to Newport News, Va.-based Ferguson Bath, Kitchen and Lighting Gallery. Ferguson (LSE: FERG) is the largest wholesale distributor of residential and commercial plumbing supplies and pipe, valves and fittings in the United States, with sales of $16.7B and 1,400 locations. Capital Distributing will rebrand slightly, becoming &ldquo;Capital Distributing, a Ferguson enterprise.&rdquo;<br /> <br /> &ldquo;Capital Distributing has been a landmark in Dallas since 1973. We&rsquo;re pleased to help facilitate the sale of this family-run business, helping ensure its long-term future here in North Texas,&rdquo; said DeLoach.<br /> <br /> In a Ferguson-issued press release, Capital Distributing President Michael Davis added, &ldquo;I&rsquo;m proud our team has built such a great company that Ferguson, given their wonderful reputation, wanted us to be a part of their operation. We look forward to helping grow the Capital business within the Ferguson brand.&rdquo;</div>News15 Nov 2018 00:00:00 -0800 Preparing for Healthcare Investigations<div style="text-align: justify;"><strong>Event Details:</strong><br /> <br /> You are invited to attend our &ldquo;Preparing for Healthcare Investigations&rdquo; webinar presented by Jeff Ansley and Arianna Goodman on Wednesday, November 14th from 12:00 &ndash; 1:00 PM. <br /> <br /> <strong>Schedule:</strong><br /> <br /> 12:00 &ndash; 12:45 PM | Program<br /> 12:45 &ndash; 1:00 PM | Q&amp;A<br /> <br /> <strong>Overview:<br /> </strong><br /> Working in the healthcare industry has its benefits, but with the recent trend in white collar healthcare cases, it also has its risks. Whether you are the CEO of a healthcare company, a physician, a pharmacist, a nurse, a marketer, or a non-participating owner, anyone can become a target or a witness. What should you do, whom should you speak with, and should you cooperate?<br /> <br /> This webinar will discuss the types of healthcare cases currently being prosecuted throughout the country, provide an overview of how these cases are investigated, and give guidelines for your company to follow if you are contacted by the FBI, DEA, or a licensing board.<br /> <br /> We will also discuss one of the most important steps after becoming aware of an investigation: conducting your own internal investigation. Conducting a parallel investigation prepares you for what the government is going to find during its investigation. In most of these cases, witnesses are asked to &ldquo;proffer&rdquo; and later testify before the grand jury. Should you? Do you have a choice? What if you receive a subpoena? What are your options? We'll answer these questions and more.<br /> <br /> <strong>To register, please click </strong><a href=""><strong>here</strong></a><strong>.</strong></div> <br /> <iframe src="" width="85%" height="360" frameborder="0" webkitallowfullscreen="" mozallowfullscreen="" allowfullscreen=""></iframe> <p><a href="">Preparing for Healthcare Investigations</a> from <a href="">Bell Nunnally</a> on <a href="">Vimeo</a>.</p>Events14 Nov 2018 00:00:00 -0800 Wood's Personal Story and Support of Educational Opportunities Highlighted<div style="text-align: justify;">Partner Tammy S. Wood is a featured supporter of Educational Opportunities, highlighted on the organization&rsquo;s website. Educational Opportunities (EdOp) is a Dallas-based volunteer organization dedicated to assisting youth who have the academic ability but not the financial means to attend college. <br /> <br /> An equity partner with Bell Nunnally, Wood was the beneficiary of the generosity of EdOp. As her bio on EdOp notes, Wood&rsquo;s life story includes near homelessness, parental abandonment, financial struggles and &ndash; through it all &ndash; a strong desire to be the first in her family to attend college. Her parents, who were born in Puerto Rico and later moved to Texas, separated while she was in high school, leaving her reliant on various family members across the area for even the most basic necessities, such as housing.<br /> <br /> In 1986, Tammy was interviewed by EdOp board members, including Carolyn Clark. Clark, one of the organization&rsquo;s founders, eventually became her mentor, offering everything from &ldquo;picking me up and taking me to organizational events when I had no transportation, to spending time on the phone with me to talk about my studies and help me navigate through personal issues.&rdquo; She praises Clark for offering needed &ldquo;parental&rdquo; guidance. And, with the financial aid support of EdOp, Wood graduated with honors first from Texas Woman&rsquo;s University and then from SMU&rsquo;s Dedman School of Law.<br /> <br /> Upon launching her career, Wood began to give back to EdOp, serving in a host of roles, including president, organizer of student functions and student mentor. This last role is the one she calls her &ldquo;most cherished.&rdquo; She adds, &ldquo;I am honored to mentor students and provide them the same type of leadership and support that Educational Opportunities provided me to help me achieve my educational goals.&rdquo; As the title of Wood&rsquo;s bio says, &ldquo;Tammy&rsquo;s Role with EdOp Has Come Full Circle.&rdquo;<br /> <br /> To read Wood&rsquo;s EdOp&rsquo;s profile, please click <a href="">here</a>.</div>News13 Nov 2018 00:00:00 -0800 Your Liens Like a Jedi<strong>Event Details:</strong><br /> <br /> Randall Lindley is presenting &quot;File Your Liens Like a Jedi&quot; for the National Association of Credit Management (NACM) on Friday, November 9th at 6:00 PM.<br /> <br /> <strong>Location:</strong><br /> <br /> Hyatt Place Austin - North Central<br /> 7522 North IH 35 <br /> Austin, TX 78752<br /> <br /> <strong>Overview:</strong><br /> <br /> The presentation will cover the following topics:<br /> <ul> <li>Mechanic&rsquo;s &amp; Materialman&rsquo;s Lien Claims Asserted By: <ul> <li>General Contractors</li> <li>Subcontractors</li> <li>Suppliers</li> </ul> </li> <li>Claims Against Leaseholds</li> <li>Claims Against Residential Construction</li> <li>Retainment Issues</li> <li>Perfection of Payment Bond Claims on: <ul> <li>Private Projects</li> <li>State Projects</li> <li>Federal Projects</li> </ul> </li> <li>Lawsuits to Foreclose the Lien</li> <li>Lawsuits Against the Surety on the Bond</li> <li>Pay-if-Paid Clauses</li> <li>Case Law Update</li> <li>Trust Fund Statute/Bankruptcy Issues</li> <li>Texas Department of Transportation Projects</li> </ul> <strong>For registration information, please contact Randy Lindley at </strong><a href=""><strong></strong></a><strong>.</strong><br type="_moz" />09 Nov 2018 00:00:00 -0800 Lien Or Not To Lien: The Cost/Benefit Analysis<div style="text-align: justify;"><strong>Event Details: </strong><br /> <br /> Randy Lindley will present &quot;To Lien Or Not To Lien: The Cost/Benefit Analysis&quot; for the National Association of Credit Management (NACM) Southwest on Thursday, November 8th from 11:00 - 11:45 AM. <br /> <br /> <strong>Location:</strong><br /> <br /> Heitmiller Steakhouse<br /> 4509 Interstate 35 N <br /> Waco, TX 76705<br /> <br /> <strong>Overview:</strong><br /> <br /> Lindley will discuss the decision of whether or not to assert a Mechanic's &amp; Materialman's Lien Claim or a Payment Bond Claim. Specifically, Lindley will cover the following topics:</div> <ul> <li> <div>Understanding the Importance of Project Information</div> <ul> <li> <div>Analyzing the &quot;chain of contracts&quot;</div> </li> </ul> </li> <li> <div>Lien Perfection: the 3 Step Process</div> <ul> <li>Preliminary Notice Letter</li> <li>Fund Trapping Notice Letter</li> <li>Lien Affidavit</li> </ul> </li> <li>Making the Owner Pay <ul> <li>Demand Letter</li> <li>Lawsuit to Foreclose Lien</li> </ul> </li> <li>Cost/Benefit Analysis</li> </ul> <strong>For reigistration information, please contact Randy Lindely at <a href=""></a>.</strong><br /> <div style="margin-left: 40px;">&nbsp;</div>Events08 Nov 2018 00:00:00 -0800 Guaranties that "Save the Day": Top 10 Guaranty Mistakes<div style="text-align: justify;"><strong>Event Details: </strong><br /> <br /> Randy Lindley will present &quot;Personal Guaranties that &quot;Save the Day&quot;: Top 10 Guaranty Mistakes&quot; for the Credit Financial Development Division (CFDD) on Thursday, November 8th at 6:00 PM.</div> <br /> <strong>Location: </strong><br /> <br /> Atrium Hotel &amp; Suites<br /> 4600 W. Airport Freeway<br /> Irving, TX 75062<br /> <br /> <strong>Overview:</strong><br /> <br /> Lindley will present on how to create a &quot;super&quot; guaranty, or at least a superior one, by pointing out the mistakes others have made.<br /> <strong><br /> For registration information, please contact Randy Lindley at </strong><a href=""><strong></strong></a><strong>. </strong><br /> <br />Events08 Nov 2018 00:00:00 -0800 Nunnally's Rob Long and Chris Trowbridge Speaking at Legalink FinTech Cryptocurrency Event in Mexico City<div style="text-align: justify;">Bell Nunnally partners Christopher B. Trowbridge and Robert Long are speaking at the Legalink Mexico City FinTech conference as part of a discussion titled, &ldquo;Cryptocurrencies and Regulation.&rdquo; Legalink is a global law firm network with members from more than 60 countries and 70 international cities. The Legalink Mexico City conference, which is sponsoring the cryptocurrency FinTech forum, is taking place November 7-10 in Mexico City. 59 Legalink delegates from 28 countries are slated to attend the conference.<br /> <br /> &ldquo;Cryptocurrency and Regulation&rdquo; will delve into topics such as:</div> <ul> <li style="text-align: justify;">Cryptocurrency Regulation Around the World: How are Countries Addressing the Topic</li> <li style="text-align: justify;">Are Cryptocurrencies Securities?</li> <li style="text-align: justify;">Structuring Initial Coin Offerings: A Lawyer&rsquo;s Perspective</li> <li style="text-align: justify;">Litigation Experiences in the Unregulated Crypto Space</li> </ul> <div style="text-align: justify;">To learn more, please click <a href="">here</a>.</div>News07 Nov 2018 00:00:00 -0800 Warner Explores University of Cincinnati Fracking Study<div style="text-align: justify;">Bell Nunnally Senior Counsel Craig M. Warner authored the Rigzone article titled, &ldquo;A Breakthrough for Hydraulic Fracturing.&rdquo; The piece explores a recent study by the University of Cincinnati regarding groundwater quality in the rapidly developing Ohio Utica Shale hydraulic fracturing play which provides fresh evidence that &ldquo;fracking&rdquo; operations can be safe to nearby water sources. Warner&rsquo;s article breaks down how the study&rsquo;s authors found &ndash; to their surprise &ndash; that methane concentrations in the studied water supply did not increase over a period of four years, even while more than two thousand new horizontal wells were drilled in the region. Of note for the future of American energy development, the study was one of the first to analyze changes in the specific sources of methane near &ldquo;fracking&rdquo; operations over a lengthy period of time. As the study did not conclude that fracking activity boosted the amount of methane in the water supply, Warner notes that, &ldquo;[the findings] will be a powerful data point for natural gas producers in battles between plaintiff and defense experts in future lawsuits (regarding the environmental impact of fracking),&rdquo; and, &ldquo;[the methodology used] can be a critical part of defeating baseless claims at an early stage.&rdquo; <br /> <br /> Full text of the article is below, and can be viewed on Rigzone&rsquo;s website by clicking <a href="">here</a>.</div> <h2 style="text-align: justify;">A Breakthrough for Hydraulic Fracturing</h2> <div style="text-align: justify;"><em>A revolutionary study of groundwater quality in the Ohio Middle Ordovician Utica Shale hydraulic fracturing play provides new evidence that &ldquo;fracking&rdquo; operations are safe to nearby water sources.<br /> <br /> The study found that methane concentrations in the studied water supply did not increase over a period of four years, and the methane present was from plants, not fossil fuels &mdash; even while more than two thousand new horizontal wells were drilled in the region.<br /> <br /> Reached for comment, Professor Amy Townsend-Small, one of the study&rsquo;s authors, emphasized that her study analyzed many water samples over &ldquo;a long time series of fracking activity.&rdquo; She added that &ldquo;most studies before mine only sampled once.&rdquo; In other words, this rigorous study showed that the massive expansion of hydraulic fracturing operations in the Utica Shale did not increase methane in the local water supply. Hydraulic fracturing advocates now have a new public message and legal tool to push back on restrictive litigation and legislation. <br /> <br /> The study was published in May 2018 in Environmental Monitoring and Assessment by scientists from the University of Cincinnati and University of California-Irvine. Its authors measured methane in water wells near drill sites, analyzing for pH, electrical conductivity, radiocarbon dating, and isotopic composition. They found that the proportion of water-borne methane attributable to a &ldquo;fossil fuel derived natural gas source&rdquo; did not increase as fracking operations expanded. Instead, most methane near the sites was attributable to biogenic and bacterial sources, and that remained true even as drilling increased.<br /> <br /> The authors began their survey of the Utica Shale play in 2012, just as fracking operations were beginning to boom. The study focused on wells in Carroll, Harrison, and Stark counties. The study authors hypothesized that methane concentration in the water supply &ldquo;would increase as the number of shale gas wells in the area increased, with the isotopic composition of [methane] reflecting an increasingly fossil fuel derived natural gas source.&rdquo; <br /> <br /> Both these expectations proved wrong. Methane from fossil fuels has a different isotopic composition &ldquo;fingerprint&rdquo; than methane from soil or plant organic matter.<br /> <br /> The authors found that the methane present throughout the study had a composition &ldquo;indicating a biogenic [plant and bacteria-based methane] source.&rdquo; This finding was then confirmed by radiocarbon age analysis. According to Professor Townsend-Small, this means &ldquo;the methane in groundwater in our study area was predominantly from a microbial source,&rdquo; and was not the result of oil and gas extraction. <br /> <br /> While recent studies from Penn State and Yale have also found that &ldquo;fracking&rdquo; operations have minimal impact on groundwater quality, the Utica study is unique because it is one of the first to use isotopic composition, radiocarbon dating, pH and conductivity to determine the specific sources of methane in water wells over a lengthy time.<br /> <br /> These scientific methods have significant ramifications for E&amp;P general counsel and operational executives. Hydraulic fracturing has fueled the arrival of American energy independence. But firms engaged in &ldquo;fracking&rdquo; operations remain a rich target for plaintiffs&rsquo; attorneys, and some juries have made significant awards to plaintiffs even absent evidence establishing wrongdoing by an energy company. Before a federal judge in the Middle District of Pennsylvania threw out the verdict in Ely v. Cabot Oil &amp; Gas in March 2017, a jury awarded plaintiffs $4.2 million on a water contamination theory. That award came despite plaintiffs&rsquo; heavy reliance on an expert witness who, according to the court, &ldquo;conceded that he had no direct proof of [his main theory].&rdquo; <br /> <br /> The scientific methods used in this study can refute that sort of speculative theorizing. If operators&rsquo; counsel can show that the methane present in wells near key drill sites does not increase over time and has an isotopic composition consistent with a plant (not fossil fuel) source, the ability of plaintiffs to make a case will be curtailed. These technologies can be a critical part of defeating baseless claims at an early stage. <br /> <br /> This study will be a powerful data point for natural gas producers in battles between plaintiff and defense experts in future lawsuits. But these scientific tools are best deployed proactively. The water tests used in this study are commercially available for $450. According to Alan Langenfeld, laboratory manager at Isotech Laboratories, these tests are &ldquo;considered an isotopic fingerprint of [methane] gas&rdquo; that can conclusively rule out a fossil fuel origin. <br /> <br /> The tools deployed in the study can be effective when the necessary evidence is developed after a lawsuit is filed. But early use of isotopic &ldquo;fingerprinting&rdquo; analysis and similar tools can establish a baseline against which later water samples can be judged. Such evidence can help defense counsel win at summary judgment, or to obtain Lone Pine orders requiring plaintiffs to make an early showing on causation in order to continue the litigation. In some venues, including the Fifth Circuit, Lone Pine orders can be obtained prior to the commencement of any discovery.</em></div> <em> <br /> </em><br />News05 Nov 2018 00:00:00 -0800 Nunnally Featured in Attorney At Law Magazine Nunnally is featured in the <a href=""><em>Attorney At Law Magazine</em></a> as part of its &quot;Talk of the Town&quot; section.News02 Nov 2018 00:00:00 -0800 Nunnally Named to "Best Law Firms" List In 13 Practice Areas<div style="text-align: justify;">A firm-record 13 Bell Nunnally practice areas have been selected for inclusion on the <a href="">2019 &ldquo;Best Law Firms&rdquo;</a> list, published by Best Lawyers and featured in U.S. News &amp; World Report&rsquo;s Legal issue.<br /> <br /> Bell Nunnally is featured in 13 metropolitan categories: Appellate Practice, Commercial Finance Law, Commercial Litigation, Corporate Law, Criminal Defense: White-Collar, Employment Law &ndash; Management, Entertainment Law - Motion Pictures and Television, Litigation &ndash; Construction, Litigation &ndash; Intellectual Property, Mergers and Acquisition Law, Real Estate Law, Tax Law and Trusts and Estates Law.<br /> <br /> A &ldquo;Tier 1&rdquo; ranking &ndash; indicating that it is one of the highest rated in the Dallas/Fort Worth region &ndash; was given to five practice areas: Commercial Finance Law, Commercial Litigation, Corporate Law, Mergers and Acquisition Law and Real Estate Law.<br /> <br /> &ldquo;The firm&rsquo;s growth path and the caliber of the talent we have attracted and retained is reflected in these selections,&rdquo; said James Skochdopole, managing partner of Bell Nunnally. &ldquo;We are honored by the trust our peers and clients continue to place in us and are focused on continuing to provide outstanding service throughout our wide-array of practice offerings.&rdquo;<br /> <br /> Selection for the &ldquo;Best Law Firms&rdquo; listing is based on an intensive peer-review survey and evaluation process that includes data collection and feedback from thousands of clients, lawyers and law firm representatives spanning a wide range of practice areas nationwide. The full list of results can be found at <a href=""></a>.<br /> <br /> In addition to the overall firm rankings, 17 Bell Nunnally attorneys were recently selected for inclusion in Best Lawyers&rsquo; companion publication The Best Lawyers in America&reg; 2019 (Copyright 2018 by Woodward/White, Inc., of Aiken, SC): Alana K. Ackels (Litigation &ndash; Labor and Employment); Jeffrey J. Ansley (Criminal Defense: White-Collar); Mikel J. Bowers (Litigation &ndash; Construction); Jean Pierre Boyea (Real Estate Law); George W. Coleman (Corporate Law, Mergers &amp; Acquisitions Law); W. Bennett Cullum (Trusts and Estates); Nikki Hurst Gibson (Commercial Finance Law); Karen L. Hart (Commercial Litigation); Jeffrey S. Lowenstein (Commercial Litigation, Litigation &ndash; Intellectual Property); Danica L. Mathes (Entertainment Law - Motion Pictures &amp; Television, Entertainment Law &ndash; Music); Kassandra G. McLaughlin (Real Estate Law);; Larry L. Shosid (Commercial Finance Law, Mergers &amp; Acquisitions Law, Real Estate Law); James A. Skochdopole (Corporate Law, Mergers &amp; Acquisitions Law, Tax Law); John D. Smart (Employment Law &ndash; Management); Christopher B. Trowbridge (Commercial Litigation); Beverly A. Whitley (Appellate Practice, Commercial Litigation); and Tammy S. Wood (Commercial Litigation). <br /> <br /> <strong>About </strong><a href=""><strong>Best Lawyers</strong></a> (provided by Best Lawyers)<br /> <br /> Since it was first published in 1983, Best Lawyers&reg; has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 87,000 industry leading lawyers are eligible to vote (from around the world), and we have received almost 10 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2019 edition of The Best Lawyers in America&copy;, 7.8 million votes were analyzed, which resulted in almost 60,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers &quot;the most respected referral list of attorneys in practice.&quot; <br /> <br /> <br /> Media Contact:<br /> Brittany Lewis<br /> Marketing Manager<br /> 214-880-6661<br /></div>Press Releases01 Nov 2018 00:00:00 -0800