Publications

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Derivative Shareholder Litigation Involving Closely Held Corporations:
Thursday, July 30, 2015
The Texas Supreme Court’s recent decision in Sneed v. Webre strengthened the rights of shareholders of closely held corporations to challenge irresponsible or self-serving corporate management. Sneed v. Webre, No. 12–0045, 2015 WL 3451653 (Tex. May 29, 2015). Many small businesses in Texas operate as closely held corporations, i.e., the company has less than thirty-five shareholders and is not publicly traded. Tex. Bus. Orgs. Code § 21.563 (2015). The Court’s opinion reinforced the legislature’s prerogative to provide shareholders of closely held corporations easier access to judicial relief in derivative actions. It ultimately held (1) shareholders of closely held corporations could bypass the board of
 
Karin Zaner and Richard Hathaway successfully defend office-share dispute
Wednesday, July 29, 2015
KRCL represents some amazing clients. Case in point—check out Dallas pulmonary and critical care specialist Dr. Michelle Chesnut on the July 2015 cover of Texas Medicine (the Texas Medical Association’s monthly publication). Dr. Chesnut was featured in the lead article for her efforts to bring “under-the-radar” CMS audits to the TMA’s attention, thus positively impacting healthcare in Texas. http://content.yudu.com/web/y5b2/0A1s8m3/July2015/flash/resources/index.htm?referrerUrl=http%3A%2F%2Fcontent.yudu.com%2Fweb%2Fy5b2%2F0A1s8m3%2FJuly2015%2Findex.html KRCL directors Karin Zaner and Richard Hathaway recently represented Dr. Chesnut in a hotly contested office-share agreement dispute. The case went to jury
 
Marcy Rothman and Charles Aster to speak at American Railway Development Association 2015 National Meeting
Friday, July 10, 2015
Marcy Rothman and Charles Aster will speak on mineral rights next week at the American Railway Development Association 2015 National Meeting in Denver.
 
Karin M. Zaner will speak at the Dallas Bar Association Health Law Section monthly luncheon
Monday, July 6, 2015
Karin M. Zaner will speak at the Dallas Bar Association Health Law Section monthly luncheon at the Belo Mansion Dallas on July 15, 2015. Her topic is on Physician Employment and Non-Competes: What Does Taking the Plunge Really Mean? CLE credit will be given to attendees.
 
Two Wins for Defendants In Personal Injury Litigation
Tuesday, June 30, 2015
In June of 2015, Governor Greg Abbott signed Senate Bill 735 and House Bill 1692 into law. Both bills impact personal injury and wrongful death litigation in Texas. Senate Bill 735 limits discovery of a defendant’s net worth in connection with a claim for exemplary damages. House Bill 1692 closes a loophole in Texas forum non conveniens law that previously allowed foreign plaintiffs to maintain lawsuits in Texas for claims arising outside of Texas. Senate Bill 735 For the past twenty years, section 41.011 of the Texas Civil Practice and Remedies Code has required the trier of fact to consider evidence of a defendant’s net worth, if any, in awarding exemplary damages. The mandatory consideration of net worth evidence has often
 
Alternative Dispute Resolution in Texas Trends and Tips
Tuesday, June 9, 2015
According to statistics from the Texas Office of Court Administration, the number of civil lawsuits tried to jury verdict has steadily declined over the years while the number of lawsuits filed annually has increased. One explanation for this trend is the use of alternative dispute resolution methods by civil litigators. Secondly, pretrial mediation is mandatory in virtually every civil trial court in the State. Alternative Dispute Resolution has thus emerged as the preferred method of resolving disputes by corporate defendants due to its time and cost-saving benefits as well as its flexible implementation due in part to advanced technology. Today, litigators have several options available to facilitate settlement negotiations ranging from
 
Marcy Rothman part of 2015 Trial College Faculty
Monday, June 8, 2015
Director Marcy Rothman served on the faculty at the National Association of Railroad Trial Counsel's Trial College held June 1 -5, 2015. The trial college brings together some of the best railroad trial lawyers from across the country to teach the art of trial lawyering to the next generation of lawyers who will serve the railroad industry.
 
Director Joseph Coleman presents to MEMA Financial Services Group
Thursday, June 4, 2015
KRCL Director Joseph Coleman presented with Bruce Nathan of Lowenstein Sandler, LLP, and Richard Kulik of Sherwin Williams Co. on May 21, 2015. Their presentation on Cutting Edge Preference Issues was in front of MEMA Financial Services Group, Inc.'s Aftermarket Volume Credit Group in Cleveland, Ohio.
 
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