January 2023 Newsletter
Unions will be present on many federal construction projects, and Executive Order 14063 requires the use of a Project Labor Agreement for any construction contract within the United States estimated to cost $35 million or more.
December 2022 Newsletter - Surety
As we all know injunctions can be difficult. Here is a big win by the Surety with a great opinion by the United States District Court Judge.
December 2022 Newsletter
As we approach close out of 2022, we thank you for all you have done to advance our (excellent) health and welfare. Attached is our report on Capacity. We eagerly look forward to 2023 and working with you to achieve important goals!
November 2022 Newsletter - Texas Insurance
In Texas, while defective work can and often does cause an “occurrence” leading to property damage and accordingly there can be insurance coverage under the CGL policy, there has been a gap for the attorneys’ fees of the claimant. As attorneys’ fees are often large, such a gap can be devastating. In the latest session in 2021 the Texas legislature has closed this gap.
October Newsletter - Surety
The pragmatic reality is that a surety should be able to attempt to mitigate damages, and should be able to select a performance option. When the court gets it right, these pragmatic realities are highlighted. Such is the case of Schuff Steel Company case opinion!
September 2022 Newsletter - Surety
The Pearlman Conference just occurred. We are happy to say that in 2005 we prevailed in the Dallas district court, which expressly said Pearlman lived and survived the enactment of the Bankruptcy Code. The powerful concept of equitable subrogation stated in Pearlman lives on, and the surety is on first!
September 2022 Newsletter - Birding and bankruptcy
Oil and gas bankruptcies often now arise. Unfortunately, here the 5th Circuit agreed with the District Court and the Bankruptcy Court that the surety agreement was not an executory contract and did not “ride through” the bankruptcy proceeding.
August Newsletter - Performance Bonds
A performance bond is all about getting the job done correctly. Here is our newsletter regarding several key concepts - materiality and clarity. We all wrestle with these issues (when evaluating takeover, tender, or claim denial) as have the courts. Above all else, everyone needs to communicate clearly and in writing.
July Newsletter - Onward and Upward
In a break from tradition, this attached newsletter is about golf, granddaughters, and yours truly (who is doing great). Have a fun weekend!
July Newsletter - A Brief Primer on Suing Auditors
$100 million seems like a lot to pay as a fine for cheating on an ethics exam. Some say that ethics are important, and telling the truth is a good thing. When there are big, dangerous, unknown items, reliance on a watchdog means hopefully the watchdog is trustworthy.
June 2022 Newsletter - Surety
When a surety has to file a lawsuit to seek cash collateral, the judge may have issues with issuing an injunction ordering the principal and indemnitors to deposit cash with the surety.
June Newsletter - Litigation "Written Notice"
For the first time, the Texas Supreme Court has now written that “written notice” requires more than substantial compliance and requires notice in writing.
May Newsletter - “LIEN” ON ME
This month’s newsletter details some of the recent changes to the Texas Property Code addressing perfection of liens. A payment bond issued on a Texas private project generally covers otherwise valid liens – this is the case even if the claimant did not specifically notify the Surety, but rather, simply elected to file a lien and follow those notice provisions to the principal and the owner. The latest changes impact (1) statute of limitations; (2) removal of the second month notice; and (3) procedural requirements for perfection.
April 2022 Litigation Newsletter
A vital litigation weapon is a sanctions order. To seek one, educate the judge and first obtain a precise order regarding production of evidence and then show how the evidence has not been produced and how the court order has been violated. A sanctions order is a powerful weapon to work to rein in costs and pursue the truth.
April Newsletter - Litigation
Slack, instant messaging platforms, TikTok, yet today email is still the primary form of communication within the corporate world and remains one of the most important elements of ESI. Failing to plan is planning to fail!
April Newsletter - Construction Newsletter
Texas appeals court saw no reason to limit the rationale to only DTPA claims - nor Implied Warrantee Claims either.
March Newsletter - Managing Claims in Discovery
Discovery is the most expensive part of most disputes, whether in trial, in arbitration, or in another stage. The reality is the high transaction costs of litigation, and in particular formal discovery, threaten to exceed the amount at issue in all but the largest cases.
March Newsletter - Arbitration
Disputes can occur, and at times even seem commonplace. Disputes, whether in the early process, litigation, or arbitration, can be costly in many ways. Summary judgment can be an off-ramp or a “focus” tool. A motion for summary judgment sharpens the focus and can assist the party, the counsel, and the decision maker. Even if summary judgment is not granted, the motion and process are very important in focusing on key issues.
March Newsletter - Bankruptcy
When a bankruptcy is filed rights can be affected. The take away is - look carefully at what is received, even when formal “required” notice requirements have not been met. Of course, the devil is in the details.
February Newsletter - Litigation
Damages amounts may swing wildly and what is asserted may be much higher than what is legally recoverable. ALL we need to do is understand the concepts of “foreseeability” and “reasonable certainty” There is a lot of detail packed into those issues! Our Litigation Newsletter describing a 2022 Texas Supreme Court opinion dealing with some fascinating damage issues!
February Newsletter - Sharepoint
As a law firm, we have made a significant investment of time and resources to work better and smarter. Microsoft SharePoint is a big part of that. We are able to work more collaboratively with you, to produce privilege logs as required by courts, to have more data, and to have more certainty and security.
January Newsletter - Litigation & Attorney Client Privilage 2
This newsletter will address a recent change in Texas law that has (finally) clarified who can be liable for attorney’s fees in a breach of contract case,
January Newsletter - Litigation & Attorney Client Privilage
Attorneys, and people who use attorneys, need to know that everything the attorney sees is not automatically protected from disclosure.
December 2021Newsletter - Fast and Furious Bankruptcy
Disputes and litigation can be long and costly. Bankruptcy tools are often used to try to achieve more efficient resolutions and parties need to know what the Bankruptcy Code provides, what Congress allows and provides for, and how to evaluate and present positions.
December 2021 Newsletter - eDiscovery
Many times there are links in communications. Production of this data so we understand the context conveyed is vital. Our newsletter addresses this issue regarding a recent court opinion from a learned and experienced judge and learned counsel. The word to the wise is first understand the technology.
November 2021 Newsletter Construction Update
Texas has now joined the majority and is a quasi-Spearin state after more than 110 years on the other side of the design deficiency ledger.
November 2021 Newsletter - Trials
Persuasion, themes, zooming in, and practice are all key concepts. View is our newsletter on trial practice with a few lessons learned.
November 2021 Newsletter - Litigation
Native, not TIFF eDiscovery tools available now provide efficient ways to incorporate file naming convention, easily allowing identification of documents.
October 2021 Newsletter - Litigation
Trials are very difficult for all involved, and Langley works to make the process effective and efficient. With our experience and proper communication we work to make the process understandable to all involved including witnesses.
April 2021 Newsletter - Bankruptcy
Creditors have leverage to request adequate protection provisions in exchange for turning over the property.
February 2021 Newsletter - Litigation
The corporate rep dep is a powerful tool to learn the truth. It should be used early in the case with a careful, thoughtful meet and confer between the attorneys.
February 2021 Newsletter - Florida Litigation
The Florida Supreme Court has approved a modification to the summary judgment standard that makes it easier to prevail.
January 2021 Litigation Newsletter - Auditor Liability
An audit is the touchstone for the decision to extend surety credit, and when auditors fail, it usually leads to the losses for the Surety.
November 2020 Newsletter - Litigation strategies for pursuing affirmative claims
Litigation strategies for pursuing affirmative claims with a group of professionals that can provide input on construction, accounting, and legal considerations.
September 2020 Newsletter - Bankruptcy
In 2020 the Court unanimously said that an order denying a creditor relief from the automatic stay on debt collection efforts was final and immediately appealable
August 2020 Newsletter - CLG Issues
A CGL policy can provide a source of recovery in cases of construction defects and resulting damage.
April 2020 Newsletter - Bankruptcy Update
When evaluating bankruptcy, a surety profession should keep 3 things in mind: Get your professional involved early; Understand the process; Evaluate proof of claim.
April 2020 - Liquidated Damages Provision - Texas Law
In Texas, the party seeking to enforce liquidated damages has the burden of showing that (1) “the harm caused by the breach is incapable or difficult of estimation” and (2) “the amount of liquidated damages called for is a reasonable forecast of just compensation”.
March 2020 Newsletter - Bankruptcy Special Edition
Bankruptcy courts are facing unique challenges given the intersection of COVID-19 and the accompanying economic downturn. Creditors therefore need to also be sensitive to protecting their rights if it is expected that bankruptcy filings will tick upwards over the next 60 days.
March Newletter - Special Corona Virus Issue
Coronavirus is officially a pandemic — which, in the realm of infectious diseases, is the worst case scenario.
March 2020 Newsletter - Bankruptcy update
The automatic stay is perhaps the most fundamental protection for a debtor in bankruptcy.
January 2020 Newsletter
Can the Texas Performance Bond Surety Be Liable After Substantial Completion?
December 2019 - Texas Supreme Court Creates New Path for Defendants to Recover Attorneys’ Fees in Texas – Has Fee-Shifting Swallowed the American Rule?
Texas Supreme Court Creates New Path for Defendants to Recover Attorneys’ Fees in Texas – Has Fee-Shifting Swallowed the American Rule?
July 2019 - Post-Appraisal Summary Judgment Affirmed – and Gutted
Post-Appraisal Summary Judgment Affirmed – and Gutted
July 2019 - Bankruptcy - Ask and ye shall (usually) receive
There are many bankruptcies where a debtor is looking to reorganize and needs continued surety support during the pendency of the bankruptcy. This leads to an opportunity early on to receive accommodations and make deals.
June 2019 Newsletter
With summer upon us, many will venture out on the great American road trip to experience the unique features our country has to offer (most, I assume, will travel to see Cowboys Stadium, home of America's team). Like the variety offered by our country's travel destinations, we too see this in application of legal concepts from state to state.
Construction and Surety Law Recent Judicial Decisions
Construction and surety law is a broad field that covers a vast number of topics and issues. Given this size, there is a constant stream of judicial decisions that could affect your next legal dispute.
February 2019 Newsletter - TX Supreme Court set to hear two post appraisal summary judgment cases
The Court is set to hear oral argument in two post appraisal summary judgment cases. e on the lookout for additional updates from us after the Court hears oral argument, and after a decision is rendered.
January 2019 Newsletter
eDiscovery Update: Phones, Emails, Hash Values and Saving Costs by Self-Authenticating ESI
July 2018 Newsletter
Have you considered and Appraisal Expert for Building the Difference-in-Value Defense? Defendants would be wise to build a “difference-in-value” defense, bolstered by an appraisal expert
September 2017 Newsletter – Hurricane and Appraisal
Hurricane Harvey or Irma Insurance Dispute? How About Appraisal – The Top 10 Items to Consider When Invoking Appraisal
Florida Litigation News
The Miccosukee Million - where allegations are suspect, evidence for the other side is tenuous, and opposing counsel is unreasonable and likely is giving bad advice.
South Florida Construction Activity is Hot, Hot, Hot!
The South Florida construction scene is sizzling with rapid growth in commercial, residential and industrial sectors.