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Karin Zaner to Speak at the Texas Surgical Society (TSS) Fall Meeting
Tuesday, September 16, 2014

Karin Zaner will be speaking at the Texas Surgical Society (TSS) Fall meeting on October 12, 2014.  She will be speaking on "Physician Peer Review and Credentialing: The Good, The Bad, and The Ugly".  TSS is a broad group of general surgeons with a mixture of academic and private practices from all across Texas.  TSS is a uniquely Texan organization and this is the their 99th year of existence – the oldest state surgical Society. 

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Jason Binford and John Kane Publish an Article for the Texas Dairy & Ag Review
Monday, September 15, 2014

Jason Binford and John Kane have co-authored an article published in the September issue of the Texas Dairy & Ag Review.  The article discusses the powerful protection that a trust fund claim provides to Texas milk producers.  Click on the link below to read more.

http://www.texasdairy.com/#!power-of-a-trust-fund/c1x3y

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BANKRUPTCY ALERT: The Fifth Circuit Narrowly Construes "Good Faith" in the Context of Lending to a Debtor
Thursday, September 11, 2014

Debtor-in-possession financing ("DIP financing") is a critical issue that comes up at the beginning of most large to mid-sized bankruptcy cases.  Companies filing bankruptcy are typically doomed to a rapid liquidation if they are unable to obtain new financing to support them through the bankruptcy process.  The risks associated with lending to a company already in bankruptcy are readily apparent.  To deal with this risk, DIP lenders demand a number of different protections.  Chief among these protections are a first priority lien on collateral and an order of the bankruptcy court finding that the DIP lender has acted in good faith.  The good faith finding is important because a final DIP financing order may only be reversed on appeal if the appellate court overturns the good faith finding made by the bankruptcy court.  To the DIP financer, who has already advanced funds based upon the bankruptcy court's order, a subsequent appellate decision overturning the bankruptcy court's finding that the DIP lender acted in good faith is a disaster.

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LITIGATION ALERT: Spoliation of Evidence in Texas: The Supreme Court Speaks
Tuesday, September 2, 2014

The advancement of technology, the preservation of electronic evidence, and concerns over imposing sanctions when discoverable electronic evidence is lost as a result of routine business, spurred the Texas Supreme Court to bring much-needed clarity to Texas law in the area of spoliation of evidence. Spoliation is the intentional, reckless, or negligent destruction, loss, alteration, or obstruction of evidence that is relevant to litigation. When a party fails to produce evidence in its control, the law presumes that, if produced, the evidence would operate against the party. The spoliation presumption started as a concept in 1852 that missing evidence was presumed against the wrongdoer. Since that time, however, no rule had been expressly adopted by the Texas high court and the presumption was not uniformly applied.  

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LITIGATION ALERT: Texas Supreme Court Limits the Application of the Economic Loss Rule
Friday, August 29, 2014

Earlier this week, the Texas Supreme Court issued a per curium opinion limiting the application of the economic loss doctrine or rule, as it is referred to in Texas, in the context of residential construction defect claims.

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Karin Zaner has been selected as President of The Texas Health Lawyers Association
Monday, August 25, 2014
Karin Zaner has been selected as President of The Texas Health Lawyers Association. The Texas Health Lawyers Association was founded July 2014, and is in the process of formalizing affiliation with the American Health Lawyers Association

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LITIGATION ALERT: Discovery of Communications between Insurers and Reinsurers
Tuesday, August 12, 2014

In today's complex work of insurance, many insurance risks are "reinsured" by a separate insurance carrier.  In those instances, it is not unusual for insurers and reinsurers to have regular communications concerning the insured, and in particular, concerning matters about which they both have an interest.  Most of the time, the insurer and reinsurer consider such communications to be confidential, and not subject to discovery.  However, whether seemingly confidential communications between insurers and reinsurers is discoverable in litigation involving an underlying insured is not a clear cut question.  Outside of Texas, there is a split of authority regarding the issue of discoverability of reinsurance communications.  A recent order issued by the Northern District of Texas demonstrates that such communication can be discoverable if an insured can persuade the court that the sought after information is relevant to his or her underlying claims.

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Jason Binford and John Kane Spoke at the Annual Meeting of the National Society of Accountants for Cooperatives
Thursday, August 7, 2014

On August 5, 2014, Jason Binford and John Kane spoke at the annual meeting of the National Society of Accountants for Cooperatives in San Diego, California.  They presented on their law review article, Farmer Favoritism: Statutory Protections for Creditors in Agricultural Bankruptcy Cases, recently published in the Texas Tech Law Review.

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ENVIRONMENTAL ALERT: Environmental Due Diligence
Monday, July 21, 2014

Environmental Site Assessments (“ESA”) assist potential purchasers acquiring an interest in commercial real estate with determining a baseline for certain environmental conditions of the property and potentially establishing statutory protections from liability for those conditions. In performing environmental due diligence, environmental attorneys and consultants primarily focus on two types of assessments commonly referred to as either a Phase I ESA or Phase II ESA. Each assessment is presented in a written report format and must meet certain criteria required to provide liability protections. This Alert seeks to assist the reader in understanding the purposes and basic requirements of these assessments.

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Karin Zaner Publishes "Social Media: A Physician's Guide to Avoiding Pitfalls" in MD News Magazine
Tuesday, July 15, 2014

Karin Zaner published an article in MD News Magazine entitled, "Social Media: A Physician's Guide to Avoiding Pitfalls". Karin has authored several other "Top 10 Tips" guidelines for physicians and regularly speaks on these topics.  

See the full article here.

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