News

August 5, 2011
Helms & Greene – In The News

We have been retained by Mike Krebbs Construction in connection with a multiple fatality vehicle accident in Oklahoma. Four individuals were killed, when a horse drawn wagon was hit by a tractor trailer vehicle at approximately 10:40 p.m. The horse drawn wagon did not have adequate reflectors or lights. The tragedy has been reported widely in the media, including at: http://www.news9.com/story/15162655/four-oklahomans-killed-when-semi-hits-buggy


July 15, 2011
Additional Litigation Expertise

We are excited that Dottie Sheffield and Shad Withers have joined the firm to help us in connection with our work. Dottie will be based in our Dallas office and brings with her significant experience as an insurance claims adjuster. As a lawyer, she handles a wide-range of state and federal court matters.

Shad will be based in our Oklahoma City office and has already gained significant trial experience. He will continue to work the defense of personal injury, construction, professional liability, product liability, and employment matters.


July 1, 2011
Lanier Named to 2011 Florida Legal Elite

Helms & Greene, LLC is pleased to announce that M. Elizabeth Lanier of the Tampa office has been named to Florida Trend Magazine's 8th Annual Legal Elite® 2011. The magazine asked Florida attorneys to nominate peers they hold in the highest regard or would recommend to others. A panel of elite attorneys representing different practice areas in cities across the state then reviewed the list of finalists. Approximately 2% of Florida attorneys were named in Florida Trend's Legal Elite in 2011.

Liz’s practice areas include construction defect, wrongful death, personal injury, construction lien, medical malpractice, property damage, agricultural and commercial litigation. She also represents health care professionals in licensure actions. She is licensed to practice in Florida and in Georgia, and often collaborates with the firm’s other offices on various matters


June 18, 2011
Helms & Greene – In The News

We have been retained by the general contractor, and subcontractors involved in construction of the W Hotel in Austin, Texas. Glass has fallen from the upper floors of that hotel, injuring individuals and causing additional property damage. Working with design and engineering experts, we are assisting in the investigation of the incidents and managing any potential liabilities for our clients. Glass falling from the W Hotel has generated widespread media attention including the following article: http://www.11alive.com/news/article/194837/40/Glass-panes-fall-from-window-at-Texas-W-Hotel.


June 8, 2011
Expert Witness Preparation

Michele Quattlebaum will speak at the International Academy of Chiropractic Neurology symposium in Chicago on September 24, 2011, concerning expert witness testimony. Ms Quattlebaum will emphasize the ethics of providing expert testimony as well as effective preparation for such testimony. The Association is one of the premier groups of neurology specialists in the chiropractic profession and they are frequently asked to render their expertise in legal matters. Providing expert testimony is an important function in the litigation process. Due to her extensive and successful jury trials in the medical field, as well as other personal injury and products liability cases, she was asked to provide guidance on this subject.


May 9, 2011
Defense Verdict: Jury Trial

Michele Quattlebaum and Devon Decker have once again obtained a defense verdict in a malpractice case. This case was tried to a jury verdict in Harris County, Texas in Judge Tad Halbach’s court. Suit had been filed against a chiropractor alleging that the doctor had herniated discs in a 36 year old patients cervical and lumbar spines, resulting in four surgeries with medical bills totaling $490,000. The Plaintiff offered evidence of over $3,000,000 in future medical expenses. With lost wages, the Plaintiff sought over $5,000,000. The plaintiff was totally disabled. Following a 6 day jury trial, the jury took little over 30 minutes to reach a defense verdict of NO NEGLIGENCE or CAUSATION against the doctor.

Michele and Devon are both Board Certified in Personal Injury Trial Law and have received jury verdicts in over 100 trials.


March 31, 2011
Helms & Greene – In The News

We have been retained to represent the general contractor, and related parties, in connection with work on a luxury high rise building in Houston, Texas. An action has been filed containing a wide range of construction defect claims, following a sheet of glass falling from the building. The building has been troubled for some time, with many of its condominium units remaining unsold. Working with technical and engineering consultants, we are vigorously defending the allegations raised by the developer. This litigation has also gained widespread publicity, including at www.chron.com/business/real-estate/article/Lawsuit-seeks-payment-for-repairs-to-high-rise-1566538.php.


January 20, 2011
Construction Law Firm Of The Year

We are very pleased that the Firm was selected by Corporate International Magazine as its “Construction Law Firm of the Year in Texas” for 2010. Firms are selected after a rigorous review of their work by lawyers and client representatives. We appreciate the recognition and remain focused on thoughtfully and creatively resolving construction litigation and claims on behalf of our client relationships.


January 18, 2011
World At Work Presentation

Steve Greene will partner with Jim Dillon, of Sprint, to make a presentation at the Annual World at Work Conference in May. The Department of Labor and plaintiffs’ lawyers continue to exploit the highly technical overtime exemption and hours worked standards. State compensation laws frequently and materially vary from the FLSA. In this session, Steve and Jim will outline practical steps to manage effectively the significant exposures.


December 3, 2010
Banking Industry Presentation

Marian Exall and Steve Greene will conduct a telephone briefing for the American Bankers Association on February 23, 2011. The two hour session will address the most compelling employment liability challenges confronting the financial institutions, including overtime exemption compliance, pay equity challenges, and increased scrutiny of pre-employment screening practices. We continue to witness escalating private litigation and a substantial jump in federal regulatory activity.


September 17, 2010
Presentation to Pharmaceutical Industry

Steve Greene delivered presentations to Pharmaceutical Industry regarding emerging and highly problematic FLSA compliance challenges. The session focused on the exempt status of sales representatives, research and development professionals, and similar industry positions under attack by the Department of Labor and plaintiffs counsel. Helms & Greene has worked for many years with ORC, which provides excellent compensation consulting support to the industry.


September 10, 2010
Oklahoma City Office Opened

Brent Olsson and his litigation team, previously with the Huckaby, Fleming firm, have joined Helms & Greene to assist us defend federal and state court claims in the state of Oklahoma. Brent brings 22 years of active litigation experience to lead our efforts in the state. We will continue to support Oklahoma clients and carriers in connection with construction, product liability, employment, professional liability, and complex personal injury matters.


May 14, 2010
Presentation to CUPA – HR

Elizabeth Lanier partnered with John Toller, of East Carolina University, to make a presentation to Human Resource professionals who support colleges and universities. The session focused on best practices for higher education institutions to conduct reductions in force, given the very difficult environment for public and private institutions. Helms & Greene has supported CUPA – HR for many years, and Liz was able to share our experience and insights at this important program.


May 5, 2010
Banking Industry Presentation

Steven Greene and Marian Exall conducted a telephone briefing for the American Banker’s Association, which drew nearly 500 Bank attendees from across the country. The session involved a discussion of the new Department of Labor Interpretation, finding that most Mortgage Loan Officers fail to qualify for an overtime exemption. Banks across the country are now required to evaluate the exempt status of their lending positions, as well as loan support functions. Overtime compensation claims arising under the Fair Labor Standards Act, continue to be a prime area of liability for employers generally, and financial institutions specifically.


October 14, 2009
KIRK WILLIS NAMED A 2009 TEXAS SUPER LAWYER

Helms & Greene, LLC is pleased to announce that Kirk Willis, Managing Member in the Dallas office, has been selected to the 2009 Texas Super Lawyers list for the sixth consecutive year.

Super Lawyer selections are based on a multi-step evaluation process that incorporates peer recognition and professional achievement. The annual selections represent the State’s top attorneys.


August 11, 2009
FOSTER REESE JOINS DALLAS OFFICE

Foster Reese, previously with Hunton & Williams, is joining our Dallas office today as a Member. We have seen that increasingly employment disputes are being tried to state and federal court juries, and we expect that trend to continue. We have actively recruited trial lawyers with significant accomplishments in employment and commercial litigation. We also have continued to focus on diversity, to ensure that our lawyers have every opportunity to connect with judges and juries.

Foster is a true litigator who has handled jury and bench trials for over 30 years. He represents employers in sexual harassment, discrimination, wrongful discharge, and employment contract matters. He has also handled complex commercial litigation, personnel injury trials, and officer-director liability disputes.

We are very excited that Foster has chosen to join the firm.


June 5, 2009
KIRK WILLIS AUTHORS NEW BOOK

Kirk Willis, Managing Member in the Dallas office of Helms & Greene, LLC, is the author of the new book, “Corporate Justice: Fight Back in the Courtroom and Protect your Company.” This book lays out a strategy for legal success, without settling out of court. This fascinating new book flies in the face of the business world’s current conventional wisdom and shows there is a better way.

In his book, Willis shows business owners, CEOs and their attorneys how to:

• Think like a successful trial lawyer and evaluate each case to determine its likelihood of prevailing at trial;
• Make better, more informed decisions about potential litigation;
• Understand the differences between preparing a case for settlement and preparing a case for trial.

By adopting the strategies in this book, readers and their companies can avoid becoming a legal target for con artists who are looking for easy money.

“Corporate Justice: Fight Back in the Courtroom and Protect your Company” is available at www.kirkwillis.com and www.amazon.com.


April 7, 2009
LANDMARK EMPLOYMENT CASE RESOLVED

Barbara Stanley, Victoria Helms, and Steve Greene have now resolved the landmark employment contract action brought by E.A. Renfroe & Company against two former employees. Shortly after Hurricane Katrina devastated parts of Mississippi, two Renfroe employees began misappropriating highly confidential claims related information from Renfroe and its carrier clients. The two individuals gathered the information for law firms which were pursuing bad faith claims against several large property and casualty carriers. On behalf of Renfroe, we filed a federal court action against the departing employees in Alabama, obtained a preliminary injunction preventing the disclosure and misappropriation of claims related information, and then obtained contempt findings against the departing employees and their lawyers. Based in large part upon our work, the carriers obtained decisions by judges handling the bad faith claims, to deny plaintiff’s counsel the right to use misappropriated information and to disqualify the departing employees from testifying in those proceedings.

This litigation, which involved federal district court judges in Alabama and Mississippi, and decisions by the 11th and 5th Circuit Courts of Appeals, addresses whether employees and their attorneys’ have license to violate confidentiality and duty of loyalty obligations. We are pleased that the decisions and the ultimate resolution will be used by the business community in the future to challenge this misconduct.


April 13, 2009
DEFENSE VERDICT - JURY TRIAL

Michele Quattlebaum and Devon Decker obtained a defense verdict in a malpractice case they tried to a jury in Jefferson County, Texas (Judge Gary Sanderson). Jefferson County is known nationally as one of the most difficult venues for corporations in personal injury, product liability, and employment matters. Suit was filed against a chiropractor who was alleged to have caused two herniated/bulging discs. The patient alleged significant medical residuals resulting in total disability and an inability to work. The Plaintiff had made demands going into trial for a settlement of $600,000. Following a five day jury trial, a defense verdict was rendered finding no negligence on the part of the doctor.

Michele is Board Certified in Personal Injury Law and has handled over 100 trials. Devon, also an experienced litigator, has teamed with Michele on defense verdicts since 1983.


March 7, 2009
Helms & Greene – In the News

Following Hurricane Katrina, Dickie Scruggs, famous or infamous for bringing the tobacco industry litigation years ago, filed bad faith actions against most of the major insurance carriers writing policies in the state of Mississippi. Mr. Scruggs had obtained a large volume of highly confidential claims information from two independent claims adjusters. We filed an action against those adjusters in federal district court, seeking an injunction and damages resulting from violation of the confidentiality provision contained in their Employment Agreements. The federal court granted our injunction request, and after Mr. Scruggs refused to return the misappropriated information, found Mr. Scruggs in criminal contempt. Mr. Scruggs, and his partners, ultimately were incarcerated for related misconduct. The Wall Street Journal spoke of our litigation in and