Dear Clients and Friends:
As we settle into the new year, we are reminded of the toll the recent economic downturn has taken on many businesses. The past year was a challenge for businesses, and it looks like 2010 will be just as challenging. As your team member, we worked to find new ways to expand client services, add value to your business and control costs for you without diminishing the quality of legal services we provide. This was critical in 2009 and will continue to be critical in 2010.
Meeting the Challenge As the old saying goes, “When the going gets tough, the tough get going.” Over the past year or so, the going has definitely become tougher, but Winstead met the challenge of these times serving as a trusted advisor and creating additional value for our clients. The highlights included in this year’s Firm Report are examples of how we leveraged the breadth and depth of our experience to help solve problems and achieve results for our clients.
At Winstead, serving as a trusted advisor is more than just responding to client requests in a timely manner. Our attorneys collaborate with you to scrutinize potential business opportunities, and when necessary, anticipate issues before they become a problem. We focus on listening to your concerns, studying your business goals and understanding your industry so we can deliver real value and solutions that make a difference for you.
Looking Ahead Winstead’s role as a trusted advisor is critical to your success, which is why our approach to client service will continue to emphasize the following principles in 2010:
Do what we do best Continue to provide cost-effective, superior legal services and value to you. Answer the call to duty Meet with you to candidly discuss how we can improve our service and how we can collaborate with you to effectively budget and forecast legal fees and eliminate inefficiencies, including exploring Winstead’s Alternative Pricing Arrangements where appropriate. Continue to improve our diversity Remain focused on Winstead’s diversity initiatives, including the recruitment, retention, development and advancement of men and women of all backgrounds so that our client teams reflect the diversity of our clients and our communities.
Remain steadfast in our Core Values Stay the course in carrying out the firm’s core values, which include teamwork, excellence, personal growth, respect, integrity, dependability, intensity, service and commitment.
Thanks to the hard work and dedication of our talented team, we are pleased to report that we have made progress in executing our strategic plan, which is to develop and leverage our dominant core competencies in industries where we are market leaders, including financial services, real estate, energy, alternative energy, insurance, sports, infrastructure and technology—to name just a few.
While we will continue to be conservative in managing the firm in the current economic climate, we are continuously optimistic about the future. We are confident we have the best team in place and the right long-term business strategy to help you as the economy improves.
You have entrusted us with a great level of responsibility and I am confident that we will continue to honor that trust in 2010 and beyond. There are many outstanding law firms to choose from. That’s why we believe we must continue to earn your trust each day by remaining completely client-focused so that our work benefits our clients first and foremost, and not the other way around.
We thank you for choosing Winstead to handle your most important legal matters. We appreciate your business and we remain committed to earning it everyday. Together, with the Winstead team, we can make 2010 a better year.
If Winstead can be of assistance to you in any way, please feel free to contact me personally at [email protected] or contact your regular representative at our firm.
Denis Clive Braham Chairman & CEO
TABLE OF CONTENTS
Winstead Practice Leaders...... 6
BUSINESS & TRANSACTIONS Business Restructuring/Bankruptcy...... 10 Corporate, Securities/Mergers & Acquisitions...... 10 Finance & Banking...... 12 Government Relations...... 13 Public Finance...... 13 Public & Regulatory Law...... 15 Real Estate Development & Investments...... 16 Taxation, Employee Benefits & Private Business...... 17 Wealth Preservation...... 18
LITIGATION & DISPUTE RESOLUTION Appellate...... 19 Commercial Litigation...... 19 Construction...... 20 Energy & Environmental Law...... 21 Intellectual Property...... 23 Labor, Employment & Immigration...... 24 Real Estate Litigation...... 25 Tort & Insurance Litigation...... 25
Professional Excellence...... 28 Diversity Committee Report...... 30 Community Relations & Pro Bono Report...... 32 Leadership Winstead ...... 34 New Attorneys & Newly-Elected Shareholders...... 35 WINSTEAD PRACTICE GROUP LEADERS
At Winstead, we help our clients solve their toughest business challenges. And that means focusing on a multitude of practice areas from business and transactions to litigation and dispute resolution. Led by a qualified team of attorneys and experienced professionals, each practice area delivers the perfect combination of practical knowledge and responsive service.
Note: Listed practice group and department leaders reflect the firm’s roster as of 12/31/09.
BUSINESS & TRANSACTIONS DEPARTMENT
Business & Transactions Public & Regulatory Law Department Leader Forrest C. Roan Edward A. Peterson Practice Group Co-Leader 214.745.5642 512.370.2999 [email protected] [email protected]
Business Restructuring/Bankruptcy Public & Regulatory Law Phillip L. Lamberson Andrew Kever Practice Group Leader Practice Group Co-Leader 214.745.5180 512.370.2845 [email protected] [email protected]
Corporate, Securities/M&A Real Estate Development & Investments
Mark G. Johnson Mike C. McWilliams Practice Group Leader Practice Group Leader 214.745.5600 214.745.5631 [email protected] [email protected]
Finance & Banking Taxation, Employee Benefits & Private Business Michael W. Hilliard Thomas R. Helfand Practice Group Leader Practice Group Leader 214.745.5843 214.745.5342 [email protected] [email protected]
Government Relations Wealth Preservation William LaForge John F. Bergner Practice Group Leader Practice Group Leader 202.572.8016 214.745.5289 [email protected] [email protected]
Public Finance M. Paul Martin Practice Group Leader 210.277.6801 [email protected]
6 7 Winstead serves a vast range of industries. The following represents just a few of our key industries that we serve: alternative energy, biotechnology, construction, energy & natural resources, environmental, financial services, government, healthcare, insurance, nano- technology, real estate, sports business & public venues, technology, telecommunications and transportation.
LITIGATION & DISPUTE RESOLUTION DEPARTMENT
Litigation & Dispute Resolution Intellectual Property Department Leader Stanley R. Moore Jay J. Madrid Practice Group Leader 214.745.5709 214.745.5110 [email protected] [email protected]
Appellate Labor, Employment & Immigration Craig T. Enoch Thomas E. Reddin Practice Group Leader Practice Group Leader 512.370.2883 214.745.5650 [email protected] [email protected]
Commercial Litigation Real Estate Litigation Wayne W. Bost Brian Thompson Morris Practice Group Leader Practice Group Co-Leader 512.370.2859 [email protected] [email protected] 214.745.5714
Construction Stewart Whitehead Practice Group Leader 512.370.2854 [email protected]
Energy & Environmental Law
Thomas T. Hutcheson Practice Group Leader 713.650.2717 [email protected]
Government Enforce. & Reg. Industries Lit. Linda J. Burgess Practice Group Leader 512.370.2881 [email protected]
6 7 WINSTEAD INDUSTRY GROUP LEADERS Note: Listed industry group and client team leaders, and executive committee members reflect the firm’s roster as of 12/31/09.
INDUSTRY GROUP LEADERS
Alternative Energy Industry Nanotechnology Industry Andrew Kever Robert C. Shaddox Industry Group Leader Industry Group Leader 512.370.2845 direct 713.650.2764 [email protected] [email protected]
Biotechnology Industry Real Estate Industry Jeffrey R. Harder T. Andrew Dow Industry Group Leader Industry Group Co-Leader 281.681.5931 214.745.5387 [email protected] [email protected]
Energy Industry Real Estate Industry
Thomas T. Hutcheson John M. Nolan Industry Group Leader Industry Group Co-Leader 713.650.2717 214.745.5251 [email protected] [email protected]
Financial Services Industry Sports Business & Public Venues Industry John P. Kincade J. Kenneth Kopf Industry Group Co-Leader Industry Group Leader 214.745.5707 214.745.5315 [email protected] [email protected]
Financial Services Industry Technology Industry Keith H. Mullen Ross T. Robinson Industry Group Co-Leader Industry Group Leader 214.745.5839 214.745.5185 [email protected] [email protected]
Healthcare Industry Turnaround & Workout Industry T. Andrew Dow Jennifer D. Knapek Industry Group Leader Industry Group Co-Leader 214.745.5387 214.745.5230 [email protected] [email protected]
Insurance Industry Turnaround & Workout Industry Alex Gonzales J. Frasher Murphy Industry Group Leader Industry Group Co-Leader 512.370.2887 214.745.5486 [email protected] [email protected]
8 9 WINSTEAD EXECUTIVE COMMITTEE & MANAGING SHAREHOLDERS
Denis Clive Braham Alex Gonzales Chairman and CEO Managing Shareholder-Austin 713.650.2743 512.370.2887 [email protected] [email protected]
Herb Albritton Jeffrey A. Hage Executive Director Managing Shareholder - Dallas 214.745.5770 214.745.5347 [email protected] [email protected]
Michael F. Alessio G. Thomas Boswell Executive Committee Member Managing Shareholder - Fort Worth 214.745.5144 817.420.8210 [email protected] [email protected]
David L. Dawson Thomas J. Forestier Executive Committee Member Managing Shareholder - Houston 512.370.2847 713.650.2749 [email protected] [email protected]
Roland Love Jeffrey R. Harder Executive Committee Member Managing Shareholder - The Woodlands 214.745.5198 281.681.5931 [email protected] [email protected]
Peyton N. Smith Teresa Letson Schneider Executive Committee Member Deputy Managing Shareholder - Houston 512.370.2809 713.650.2709 [email protected] [email protected]
John M. Nolan M. Paul Martin Executive Committee Member Managing Shareholder - San Antonio 214.745.5251 210.277.6801 [email protected] [email protected]
Michelle I. Rieger William LaForge Executive Committee Member Managing Shareholder - Washington, D.C. 214.745.5416 202.572.8016 [email protected] [email protected]
8 9 services company as agent and lender in connection WINNING FOR OUR CLIENTS with Chapter 11 case of a Kentucky coal mining operation. The lenders are owed approximately $75 BUSINESS & TRANSACTIONS million. DEPARTMENT Represented a group of secured lenders with claims in Business Restructuring/Bankruptcy excess of $100 million as part of $1.72 billion working capital facility and $665 million revolver facility to the SemGroup Companies and their affiliates that were Represented one of the largest financial institutions involved in the gathering, transportation, storage, owned by a Texas-based company as agent and lender, distribution, marketing and other midstream services of in the largest Chapter 11 bankruptcy filing for a non- petroleum products. public company in Colorado history. Successfully negotiated a settlement between the lender group, Represented owner of a Class A high rise condominium the debtor, and the Creditors’ Committee, forming project in single asset real estate bankruptcy case structure for debtor’s plan of reorganization. involving efforts to restructure and reorganize approximately $60 million in debt and equity financing. Represented a large financial services company and a large Swiss bank as pre-petition lenders and exit Represented a national mortgage default services financing lenders in the Wyoming Ethanol, LLC case industry participant in successful dismissal of putative pending in Cheyenne, Wyoming. This case was one of class action lawsuit commenced in the United States the largest bankruptcy cases ever filed in Wyoming. Bankruptcy Court for the Southern District of Texas, We successfully negotiated a plan of reorganization alleging illegal fee splitting scheme and violations of and exit financing arrangement on behalf of our clients. bankruptcy stay and post-confirmation injunction.
Represented a publicly traded bank and financial Represented a private investment firm and a leading services company as agent and lender in connection global financial services company as the majority with a national media and communications company. bondholders of ASARCO, LLC in connection with the We assisted the bank with the restructure and company’s Chapter 11 case in Corpus Christi, Texas. amendment of a $400 million credit facility with ASARCO is one of the largest copper miners and approximately 140 lending entities to a media and refiners in the U.S. The majority bondholders, who publishing company with operations throughout the are owed more than $400 million, were one of the United States. The result reduced our client’s exposure primary suitors for the company, and we assisted them by two-thirds. in filing and prosecuting a plan to gain control of the company. There are currently two plans presented for Represented a publicly traded bank and financial confirmation that will pay all creditors in full. services company as agent and lender, in the restructure of a credit agreement to a subsidiary of a Practice Highlight - Welcome Michael P. Massad, Jr. company in Monterrey, Mexico whose main business is In August 2009, Mike Massad joined our group as manufacturing and exporting to China. a shareholder. Mike brings more than 30 years of experience as a bankruptcy attorney to our group, and Represented a publicly traded bank and financial we are very excited to have him join us. services company as agent and lender in connection with loans totaling $360 million to a casino joint Corporate, Securities/Mergers & Acquisitions venture in North Las Vegas, Nevada. Represented a national bank in connection with sale Represented a publicly traded bank and financial of credit card receivables portfolio for approximately services company as agent and lender in connection $300 million and sale of credit card servicing division with the Chapter 11 case of an offshore energy for approximately $30 million. exploration and production company. The Chapter 11 case went from filing to plan confirmation hearing in Served as general counsel to a major Texas city in 90 days. The lending syndicate was paid in full on the connection with its $300 million 800-room convention effective date. center hotel.
Represented a publicly traded bank and financial Represented a national hospitality company in
10 11 connection with the financing and structuring of the Represented a private issuer in its $20 million private 1,000-room, $500 million Dallas convention center placement of Series F Preferred Stock. hotel. Represented a major arena operating company in Represented a large NYSE-listed casual dining and connection with $9 million equipment acquisition. entertainment company in connection with a Rule 144A private offering of $295.5 million of senior Represented a leading chemical distribution company secured notes. in its $7.5 million acquisition of a Mexican chemical distribution business. Represented a National Football League team in connection with refinancing of $400 million Represented a leading carbon blacks company in its outstanding senior notes. acquisition of a major carbon nanotube manufacturing business. Assisted an energy services company in conducting a successful bondholder consent solicitation to amend Represented a privately held regional steel distribution $200 million senior secured notes and replacement company in $25 million sale of its business to a publicly of current revolving credit facility with a $20 million held Canadian strategic buyer. senior secured notes offering. Represented a privately held real estate holding Represented a public company in connection with company in connection with $3 million preferred proxy contest regarding election of directors and going equity capital infusion. private transaction. Representing a real estate partnership in connection Represented a public pharmaceutical company in with $15 million private placement of limited connection with the sale of a foreign manufacturing partnership units and acquisition of 1,200 acres from facility to a private company purchaser. public river authority.
Represented a public pharmaceutical company in Representing a privately held company in $5 million connection with the $95 million acquisition of a preferred equity private placement for advisor and wholly-owned operating subsidiary of a pharmaceutical manager for multiple to-be-formed private investment company. funds.
Represented a client in equity placement for purchase Represented a Bermuda reinsurance company in a and rehabilitation of apartment projects. Reg. D private placement of its securities to U.S. based investors. Represented client in connection with special shareholders meeting and private placement of shares Representing a large land acquisition company in the to effect change of control. formation of a private equity fund to invest in custom home builders active in Atlanta, Dallas, Houston and Represented a client in connection with two private Phoenix. placements of Series A Convertible Preferred Shares. Represented owners of an oilfield services company in Represented a national investment bank in connection connection with their sale of a majority interest in the with a Rule 144A underwriting of $82 million in company to a private equity fund. revenue bonds to finance the construction and operation of 1,500 family housing units at major U.S. Represented seller in $20 million sale of oil and gas Army bases. services partnership to venture capital fund.
Represented two national investment banks in Created $30 million fund for the acquisition of connection with the private placement of $82 million distressed real estate assets in Texas, New Mexico, in senior debt obligations by the Army Air Force California and Florida. Exchange Service to finance the construction of a lifestyle center at a major U.S. Army base. Represented a Nasdaq-listed company in connection with successful proxy contest and with acquisition of assets of division of a publicly traded competitor.
10 11 Represented a bank holding company in connection Seller representation of venture-backed technology with $40 million private placement of preferred stock. firm in connection with asset sale to private equity firm. Represented private interests in the $22.5 million purchase of a 50% interest in the Houston Dynamo Assist with $40 million private placement and holding MLS soccer team. company restructure for Austin-based home building company. Representing a client in the formation of a $50 million real estate fund. Represent client in connection with Texas ETF financing.
Representing a leading provider of distributed Assisting with securities issues related to tender offer temperature sensing systems in general corporate, and restructure of debt offering. employment and related matters, including a $6 million Series C financing. Representing a NYSE-listed company in connection with $250 million Rule 144A private placement of Representing a leading provider of performance senior notes. and security testing systems in corporate, licensing, employment and litigation matters, including a Representing an aerospace and defense supplier in $15 million Series C financing. connection with potential sale of business valued at approximately $300 million. Represented an acute care hospital and hospital management company in a series of refinancing and restructuring transactions. Finance & Banking
Negotiation of significant clinical research agreements Representation of the Administrative Agent in the and clinical study agreements in connection with complex restructuring and redocumentation of over commencement of Phase 3 clinical trials for cancer $2 billion loan facility to a public borrower in the research company. Also assisting with funding midstream pipeline industry. As part of the restructure, initiatives. we represented the Agent in analyzing whether to consent to asset sales of approximately $5 million. Representing a leading national venture capital firm in several of their investments in portfolio companies Representation of the Administrative Agent in complex in the life science industry, including $20 million PIPE amendments of $1 billion+ of loan facilities to a media transaction and $50 million merger. and publishing company and to television broadcast companies. Representing a public Nasdaq biotech company in connection with takedown financings from an S-3 Representation of Administrative Agent in connection shelf registration statement and with its regulatory with $700 million senior credit facilities to several compliance issues and Nasdaq listing issues. borrowers in the telecommunications industry.
Formation of a $10 million private equity fund and Representation of the Administrative Agent in a $1 related private placement offering. billion syndicated revolving credit facility secured by oil and gas properties located in 10 states, including Representing 1934 Act reporting company in attention to issues relating to certain limited recourse connection with shell reverse merger transaction. affiliates.
Venture capital representation in connection with $3.5 Restructure and redocumentation of two existing million Series B financing of Austin-based Web venture. unsecured borrowing base revolving credit facilities totaling $435 million, led by different Administrative Representing a client in connection with public-private Agents, to a national single family home builder into a joint venture for the development of 6,000 MW energy single secured line. generation and transmission project. Assisting with related $40 million private placement offering and Representation of the borrower in connection with $500 million debt offering. $435 million syndicated, secured senior credit facility to finance construction of an NFL football stadium.
12 13 Representation of the Administrative Agent in $400 meetings with corporate representatives and million syndicated credit facility secured by producing foundations, and assisted with raising $1 million for the oil and gas properties located in Kentucky, Tennessee, center’s research. New Mexico and Texas. Advising a manufacturer of valves for fire hydrants Restructure of more than $175 million in loans in working with one of the largest metropolitan involving the preeminent mixed-used development cities in the country to change more than 4,000 in Dallas. The projects include a sports facility and defective valves with minimum bureaucracy and entertainment venue, a premier hotel, Class A office media attention. Our team is working closely with a buildings, high-rise condominium projects, mid-rise major public relations company to help meet with key condominium projects, a music venue, and retail decision makers at the city level. scattered throughout the entire mixed-use project. The deal involved admitting into ownership and Assisted an international construction company with management of a group of foreign investors (totaling entering the Texas market for contracting with the over 1,800 in number), and working through the Texas Department of Transportation and other local complex issues of separate ownership of different municipalities for construction of major roadways, properties formerly owned and operated as an bridges, streets and other infrastructures. integrated mixed-use project, including matters involving parking allocation and usage, and zoning Assisted a local recycling company with identifying rights related thereto, mineral rights development opportunities for increasing plastic recycling at the and restrictions, helicopter landing rights to a roof- city level, including possible ordinances and policies. top landing pad, numerous separate condominium Arranged opportunities for key city officials to visit the declarations and associations governing the various client’s plant and installations in Houston, Texas. separate condominium regimes, and the overall operations of the entire project. Public Finance
Representation of the Administrative Agent in the restructuring and substantial amendment of Representing an underwriter in connection with the three biofuels credit facilities aggregating $150 first $1 billion transaction involving new “Build America million, including provision for additional equity and Bonds” for a regional transportation authority). Also subordinated debt facilities. $282 million (including Build America Bonds) for financing a hospital for a major Texas County. Lastly, Engaged by a newly formed New York real estate $86.5 million for the financing of general governmental investment trust to assist in establishing and projects and the refinancing of variable debt rate for an monitoring a new commercial mortgage loan Alaska borough. origination platform, including creating agreements with third-parties to handle underwriting, origination Representing a major Texas city as bond counsel in and servicing. the issuance of $15.3 million in tax notes, $75 million in general improvement bonds, and $85 million in certificates of obligation. Also, cleared some 200 Government Relations accounts representing remaining amounts from previous debt issuances by issuing $30.1 million tax Assisted a large food service company with its request notes. In addition, created a new local government to the local city council in regards to constructing a corporation to redevelop the central park area. recycling center next to their plant facilities. The local city council agreed with our client and the Solid Waste Continuing many years of representation of a major Department was requested to drop the site and look for state agency, assisted in legislative authority for another location. funding catastrophe claims for the Texas Windstorm Insurance Association and selected as bond counsel for Advised a national urban air research center in structuring three classes of public securities (including collaborating with key city officials and local commercial paper) which could total $2.5 billion per stakeholders to help the community become year. more familiar with the center’s research work. The Government Relations Practice Group worked in conjunction with Winstead’s Austin office to arrange
12 13 Representing a national investment bank in connection Representing an underwriter in the issuance of $85 with the issuance of $82 million in revenue bonds million in unlimited tax school building bonds for the to finance the construction and operation of 1,500 Conroe Independent School District. family housing units at Fort Huachuca and Yuma Proving Ground, Arizona, for the United States Army. Representing an underwriter in the issuance of $400 Also representing two national investment banks in million in airport system senior lien revenue and connection with the issuance of $82 million in senior refunding bonds for the City of Houston. debt obligations by the Army Air Force Exchange Service to finance the construction of a lifestyle center Representing an underwriter in the issuance of $169 at Fort Bliss, Texas. million in unlimited tax school building bonds for the Corpus Christi Independent School District. Represented a national hospitality company in connection with the financing and structuring of a Representing an underwriter in the issuance of $7.9 1,000-room, $500 million Dallas convention hotel. million in contract revenue bonds for the Development Authority of Pearland. Representing an Alaska Borough as bond counsel in the issuance of $244.2 million in lease revenue Representing a Texas city as bond counsel in the bonds for the financing of new correctional facilities. issuance of $2.4 million in limited tax bonds and $6.8 Also, assisting in the negotiation of a construction million in limited tax refunding bonds. management agreement and a lease-purchase agreement with the State of Alaska. Representing a Texas city as bond counsel in the issuance of $1.8 million in general obligation refunding Continuing many years of representation of a major bonds and $4.4 million in certificates of obligation. Texas county by assisting in drafting legislation concerning hotel occupancy tax and as bond counsel Representing a special improvement district as for issuance of $13 million in debt for an exposition disclosure counsel and served as underwriter’s counsel center. for the issuance of the district’s first public bond offering, $22.5 million in limited ad valorem tax utility Representing an underwriter in the issuance of $9.9 system bonds. The funds will be used to reimburse the million in unlimited tax road bonds, $49.5 million in developer for costs related to construction of public pass through revenue and limited tax bonds, and $7.9 improvements, facilitating a major 1,000-room resort million in combination tax and revenue certificates of hotel and two PGA Championship golf courses in San obligation for major road construction projects. Antonio.
Serving as general counsel to the governmental entity Representing a college district as bond counsel in that owns a $300 million, 800-room convention center the issuance of $4 million in limited tax bonds and hotel in Austin. $3.2 million in maintenance tax notes. Also served as special counsel in response to an Internal Revenue Representing an underwriter in the issuance of $149.2 Service tax inquiry. million in first tier revenue refunding put bonds for the Texas Transportation Commission Central Texas Representing the bond insurer in the issuance of Turnpike System. approximately $260 million in pilot revenue bonds for Yankee Stadium. Continuing many years of representation of a major metropolitan water district by assisting in legislative In collaboration with many other lawyers in the firm, efforts to save the district; extended letter of credit for representing a major airline in renovation of Love Field commercial paper program; and issuing $90 million in Airport. refunding bonds.
Continuing many years of representation of a major state agency by replacing the credit provider in variable rate transactions.
14 15 Public & Regulatory Law Organized and obtained all state regulatory approvals required for creation of a minority-owned life, accident and health insurance company. The Public & Regulatory Law Practice Group primarily focuses on the Department of Insurance, the Led interdisciplinary team in representation of Swiss Banking Department and other Finance Commission company in evaluation of Texas as location for a major constituencies, the Public Utility Commission of Texas, clean energy manufacturing facility. the Texas Commission on Environmental Quality and the Railroad Commission. The following are some In another interdisciplinary venture, the Public & notable matters handled over the past year: Regulatory Law Practice Group continues to assist in the redevelopment of a major Texas airport This Negotiated a multimillion dollar settlement for a multi-year project calls upon many areas of the firm’s reinsurer of major pre-need insurer in receivership. expertise, including real estate, public finance and environmental law. Provided regulatory and litigation counsel to the nation’s largest Pharmacy Benefits Manager. Participated in multiple rulemaking proceedings at various agencies on behalf of clients, including 10 such Served as insurance/class action expert in several proceedings for one client before the PUCT. national class actions involving the sale of annuities and the payment of claims under homeowners’ Successfully represented the state’s largest electric policies. generator in a highly contested appeal of the 2009 Congestion Zones approved by the ERCOT Board of Provided ethics counsel to clients on a number of issues Directors. At stake was a very significant potential before several agencies, including the Texas Ethics shift in transmission costs to our client. Following a Commission. hearing before the three PUCT Commissioners, the Commissioners voted to uphold the ERCOT Board’s Our practice group members represented numerous 2009 Congestion Zone Determination and denying the clients in compliance and enforcement matters attempt to shift new costs to our client. involving the PUCT, Insurance Department, Banking Department, Office of Consumer Credit Commissioner, Representing one of the nation’s largest multistate and the Attorney General. electric utilities, the Public & Regulatory Law Practice Group successfully advocated for an administrative rule Assisted in negotiation of settlement between a major involving disposal of low-level radioactive waste that health insurer and a hospital over out-of-network provides our client with the new right to a separate claims. evidentiary contested case hearing, if the client is unsatisfied with an initial agency determination in a Successfully represented a major, national title insurer ratemaking proceeding. Also co-counsel in the related and its multiple subsidiaries in a series of hearings rate case, as well as proceedings to develop the policies before the Commissioner of Insurance dealing with being adopted by the Texas-Vermont Low-Level rates, rules and several special issues. Radioactive Waste Disposal Compact Commission.
Represented a number of life as well as property and The Public & Regulatory Law Practice Group has casualty insurers in individual regulatory approval represented the nation’s leading developer of matters involving forms, holding company transactions, compressed natural gas fueling infrastructure in rate and financial filings, and investment issues. connection with initiatives by the State of Texas, as well as certain transit authorities and large cities, to Represented a title insurer and its subsidiary in demonstrate the positive benefits from the use of CNG an enforcement proceeding at the State Office of technology in fleets of vehicles. Administrative Hearings in which the Hearings Officer granted our motion to dismiss a case hotly contested The Public & Regulatory Law Practice Group by the staff of the Department of Insurance, resulting coordinated with an ad hoc coalition to pass state in a complete win for our clients. legislation requiring 50% of the State of Texas vehicle fleet to utilize alternative fuels, including natural gas, and to pass legislation that provides $48 million in grant funding over 8 years at current funding levels for
14 15 alternative fuel projects for private fleet vehicles. The Advising a major real estate developer in connection group continues to assist with implementation by state with negotiation of agreements with the City of Dallas, agencies, including a rulemaking project at TCEQ. Texas, facilitating development of a future mixed-use development (including high-rise office, condominium The Electric Industry Team has represented the state’s and retail) in the Central Business District. largest electric power generation company, which also is the state’s largest purchaser of wind generated Representing a major real estate developer in electricity, in the PUCT’s ongoing implementation of negotiating a new corporate headquarters lease with almost $5 billion in new electric transmission facilities a tenant for space in an office project in Frisco, Texas, construction to bring more than 18,000 MW of new together with negotiating and documenting (among wind generation, securing Texas’ role as the national other projects) renewals and expansions of two other leader in development of wind energy. corporate headquarters leases in the same office project. Real Estate Development & Investments Assisting a major real estate firm in connection with the acquisition of property for a large mixed-use Ongoing representation of a large New York Stock development in the Central Business District of Dallas, Exchange shopping center developer and real estate Texas, together with assisting in other work relating to investment trust in the formation of a joint venture development of such project. with German investors to acquire multiple shopping centers in two states (which are currently owned by Advising the owner of an office tower in the Central the client and to be contributed to the joint venture), Business District of Dallas, Texas in connection with including negotiation and preparation of a transfer shared parking arrangements with an adjoining office and contribution agreement, limited partnership tower. agreement, related entity formation documentation and conveyance documentation. Representing a major bank in connection with the acquisition and development of various new bank Legal counsel to one of the nation’s largest wireless branch sites in North Texas. communications service providers in the expansion, management and maintenance of its wireless network Engaged by a major bank in connection with the infrastructure in Arkansas, Louisiana, Oklahoma and acquisition and development of various new bank Texas. This representation involved approximately branch sites in Austin, Houston and North Texas. 400 distinct real estate transactions, including land purchase acquisitions, leases for new communication Legal counsel to a major financial services firm in facilities, communication facility lease amendments connection with the negotiation of a lease for the necessary for the deployment of wireless technology renewal, extension and expansion of its corporate advances, and communication facility subleases to headquarters lease in Dallas, Texas. other wireless service providers. Representing a growing restaurant chain in connection Serving as general counsel to the land assemblage with acquisition of sites for new restaurants in its chain and redevelopment authority of a major metropolitan in Fort Worth and Frisco, Texas. city acquiring tax delinquent land and subsequent disposition thereof for affordable housing.
Represented the Housing Authority of a large metropolitan county in connection with the acquisition and development of a first of its kind mixed-use development directed toward veterans.
Representation of a top university in connection with the leasing and development of a major research facility in Houston, Texas.
16 17 Taxation, Employee Benefits & Private Business Represent several publicly traded royalty trusts on tax matters.
Assisted executives of a privately held company with Designed and implemented margin tax savings avoiding more than $20 million in tax penalties for strategies for oil and gas exploration and production parachute payments made in connection with an companies. acquisition of the company. Ongoing representation of a continuing care retirement Assisted several publicly and privately held companies community as corporate counsel for the planning of amend and restate their deferred compensation plans the project and assisted underwriter and bond counsel to comply with Section 409A of the Internal Revenue in successfully closing a $166 million tax exempt bond Code. financing to fund the project.
Assisted in strategy and implementation of Represented owner of luxury automobile dealerships transitioning employee benefit plans for the $600 with a restructure of the organization. million acquisition of a public company by a client. Advised numerous clients in tax controversy and Assisted a major airline with the negotiation of litigation matters, including a victory in the U.S. Court collectively bargained retiree benefits. of Federal Claims for the CEO of a major client.
Advised a Catholic Archdiocese with respect to the Published a significant article in the Journal of Taxation, structure and fiduciary obligations of the Board of a national tax publication. Trustees appointed under the retirement plan. Served as legal counsel to China-based NYSE company Assisted a major hospital group with IRS filings to in tax planning for U.S. operations. correct operational deficiencies under qualified retirement plans. Represented a foreign corporation in connection with private equity investment and structuring of U.S. Assisted a major bank group with tax compliance for operations. executive equity and long-term incentive plans. Represented numerous foreign investors in structuring Assisted an international conglomerate with the their U.S. real estate ownership. employee benefits aspects related to the disposition of domestic subsidiaries. Tax planning for restructure of a major medical group.
Represented a $400 million Land Fund in connection Delivered tax opinions for multiple clients relating to with its joint venture structures for large tract the debt versus equity issue. acquisitions in the South and Southwest. Advised various exempt organizations with respect Represented a real estate company in its formation of to the Form 990 issues, USBI reporting and director two new funds. responsibility.
Represented a company in its acquisition and operation Advised accounting firms with respect to voluntary of an investment bank. disclosure of foreign bank accounts.
Represented a real estate/financial investment group Assisted owners of a restaurant chain LLC in in connection with finance and joint ventures for implementing a broad-based equity incentive plan in development of town square. connection with reorganization.
Provided tax planning and lead representation for onshore oil and gas exploration group.
Provided tax planning and structuring for acquisition of private jet in sales tax efficient manner for several privately held businesses.
16 17 Assisted owners of insurance agency LLC in opportunities to build overall family net worth laterally, rather implementing a broad-based equity incentive plan in than solely in the senior family member’s generation. connection with reorganization. Although tax planning is an important element of estate Assisted utilities company in drafting stock plan planning, we believe it must be coupled with the client’s personal administration procedures. objectives in building, maintaining and transferring wealth. In initial meetings with our clients, we strive to understand their Advised physician group on restructuring benefit goals, as well as their families, assets, liabilities and overall programs in connection with reorganization. wealth preservation and transfer goals. Only then do we recommend and assist in implementing objective and innovative Negotiated and closed partial sale and long-term solutions and strategies to help our clients achieve and enhance $100 million plus development program for oil and gas their goals. interests. Our attorneys’ expertise extends not only to the planning stages Designed and implemented rolling employee deferred of a client’s life, but also to the administration, distribution, compensation plan for independent oil and gas funding, tax reporting, beneficial interests and rights, and company. fiduciary responsibilities involving trusts and estates.
Reorganized a large privately held independent oil and Winstead’s Wealth Preservation attorneys are highly qualified gas company to virtually eliminate Texas franchise and offer the finest, yet discreet, counsel to our clients. Several taxes. of our attorneys are board-certified in estate planning by the Texas Board of Legal Specialization. In addition, our group Handled significant Texas sales tax audits for major includes members of the American College of Trust and Estate Texas sports teams. Counsel. And all of our Wealth Preservation attorneys belong to one or more of the estate planning, probate and transfer Secured significantad valorem tax exemptions for tax sections of the American Bar Association, State Bar of properties held by entities controlled by major Texas Texas, or the Austin, Dallas or Houston Bar associations. In university. fact, many of our attorneys hold leadership positions within these groups and are also frequent speakers on a wide range of topics relating to their practices, including local, statewide and Wealth Preservation national engagements, as well as presenting tax-related issues and comments at IRS tax forums and to the U.S. Department of Winstead’s Wealth Preservation Practice Group is focused on Treasury. providing sophisticated, innovative and objective legal services for all aspects of our clients’ wealth preservation and transfer. We understand that every client, family, trust and estate is unique, and our attorneys customize their planning to meet each individual client’s needs. To accomplish this goal, we work together as a team, drawing from our collective years of experience to help find the most efficient, cost-beneficial solutions for our clients. We focus on tax-sensitive estate planning, estate administration, trust administration, and family wealth transfer for business executives, professionals, closely held business owners, and other high-net-worth individuals and their families.
Our wealth preservation attorneys work closely with our colleagues from several other areas of the firm, including income tax, corporate, real estate, and employee benefits to handle all facets of our clients’ needs, from typical transfer tax issues to the most sophisticated wealth transfer techniques.
Our attorneys work extensively in tax-efficient planning for transfers of business interests and family investments, as well as in structuring the ownership of new businesses and investment
18 19 LITIGATION & DISPUTE jurisdiction over several consolidated cases that were RESOLUTION DEPARTMENT removed from Louisiana state court to federal court, but the district court denied the plaintiffs’ motions Appellate to remand. The cases were tried to verdict in federal Appellate district court in four simultaneous jury trials in front of separate juries for four “bellweather” plaintiffs. Winstead’s client won. And the judgments were Winstead successfully convinced the Texas Supreme affirmed on appeal. Court that the common law elements of a partnership were not significantly changed under the Texas Revised A major banking client asked Winstead to assist in Partnership Act. A multimillion dollar jury verdict its defense against a multistate attorney general against Winstead’s client was reversed. investigation into interchange fees and charges by VISA and MasterCard. Winstead’s work resulted in the Texas The purchaser of a real estate development, where A.G. considering favorably the client’s request for an Winstead’s home builder client was building homes, informal presentation about the issues before the A.G. obtained a trial court order compelling our client to makes his decision about any enforcement action. turn over four computers to the purchaser’s consultant for forensic review. Winstead successfully petitioned the Texas Supreme Court for relief from the trial court’s Commercial Litigation order. The case has quickly become the seminal Texas case on the limits of electronic discovery. Defended a national rent-to-own operator in consumer class actions filed in federal courts in West Virginia and An insurance brokerage company’s multimillion dollar Massachusetts involving questions of first impression arbitration award was vacated by a Texas trial court. under state rental and retail installment sales laws. Winstead was hired for the appeal. The legal principle in question on appeal was which tribunal decides Defended an international natural gas supplier objections to arbitrator appointments. Winstead in litigation over claims arising out of natural gas successfully convinced the appellate court that the purchase and sale pricing issues. The engagement question in first instance must be presented to the involved five state class actions in Arkansas state court. arbitration supervising body and the trial court’s order The five cases were dismissed after two appeals and was reversed. favorable decisions by the Arkansas Supreme Court. A plaintiff filed eleven different state lawsuits for Represented a national home builder in litigation various coverage claims arising from one transaction to resulting in the first and only opinion from the Texas prevent Winstead’s client from removing the matters to Supreme Court discussing the obligations of a party federal court. The client’s effort to consolidate the case with regard to electronic discovery. In granting our in the state court was denied. Winstead successfully client’s petition for mandamus, a unanimous court set convinced a Texas appellate court to quickly review forth detailed standards governing electronic discovery and reverse the trial court’s denial, which resulted in within Texas. the case being successfully removed to federal court. The court of appeals opinion appears to be the first appellate decision in Texas jurisprudence that required Represented a global financial services company in a trial court to consolidate cases. a trespass-to-try title case arising from a judicial foreclosure on real property and a subsequent Winstead’s global energy client was subjected to an sheriff’s sale. The case involved complex lien priority attempt by plaintiffs to certify a personal injury and and equitable subrogation questions under Texas property damage class in the Louisiana state court. law. Winstead’s litigation team obtained a summary Winstead successfully defended its client, both in the judgment for our client that was affirmed on appeal. trial court and the court of appeals. Served as legal counsel to one of the largest financial Winstead represented a global energy company in services companies in the United States in a case an appeal that involved removal and remand issues arising from a foreclosure sale on real property associated with improper joinder questions. The conducted to satisfy a homeowners association’s plaintiffs challenged the district court’s subject matter assessment lien. The case determined the interests of
18 19 our client’s vendor’s lien interests in real property. The Construction client’s interests were determined to be superior to the interest of the purchaser at a foreclosure sale, based Representing a publicly traded real estate investment on constructive notice to the purchaser of the client’s trust (REIT) headquartered in Houston. The investment unrecorded property interests. company currently builds and operates shopping centers and office buildings in more than 12 states, Represented a trust in complex litigation involving including Texas. Winstead serves as the chief counsel real estate transactions and fiduciary duties. After for construction for all projects nationwide and is summary judgment was entered for the trust in the responsible for the preparation of all construction trial court, the Dallas Court of Appeals affirmed the related forms and drafting and negotiating most trial court’s decision that the trust had the right to design and construction contracts. Since June 2008, keep the earnest money, sell certain real property to a Winstead’s construction team has drafted and third party and obtain an award of attorneys’ fees and negotiated over 90 design and construction contracts litigation costs. for the company. The firm is also handling a number of litigation matters for involving landlord/tenant Represented a resort developer in two parallel lawsuits, disputes. one of which is a class action in the Northern District Representing a Dallas-based national airline in of Texas, pertaining to the food and beverage credit large, highly complex, public/private transaction program at a resort and subdivision in Whitney, Texas. involving modernization of Dallas Love Field Airport in cooperation with the City of Dallas. Matter Represented an international oil and gas firm in its involves real estate, public finance and construction of dispute resolution and collection activities. The oil renovations to terminal concourse and related airport and gas firm provides consulting, engineering and facilities, including drafting and negotiating numerous environmental services. design and construction contracts and purchase agreements. Represented a North American affiliate of a publicly traded French company in multiple product liability Advising a leading fabricator for the oil and gas industry cases. Presented a training program to the company’s in a breach of contract for construction of semi management and sales personnel to limit exposure to submersible floating production unit for use in offshore liability through negotiation of more favorable contract hydrocarbon production. Client seeks recovery of provisions. actual damages of $27 million plus interest and attorneys fees. Advised the nation’s largest distributor of trading Representing an energy company as EPC Contractor cards in the resolution of a trademark and copyright for 2 ethanol refineries in Nebraska and Indiana in infringement suit with two large companies. connection with claims for payment; the negotiation of complex suspension agreements and related Represented one of the world’s largest casing pipe change orders; the filing of mechanics liens on and manufacturers in a multimillion dollar products liability the termination of contracts, each with a value of action. approximately $230 million and each in the 70-80% completion range, all arising from non-payment by Assisted a global alternative energy company in the the owner, which subsequently filed for bankruptcy arbitration of disputes arising from a steam turbine protection. We are not handling the bankruptcy case, generator project in Texas City, Texas. but expect to remain involved in the event of state or federal court action to foreclose the mechanics liens Represented a well-known Texas ranching family and/or to collect payment of the debts. in their claims against a natural gas operator for substantial environmental injuries and intentional Representing a major Texas university in a construction exposure to radiation. The case will be arbitrated in defect/design defect suit over a $35 million student Harris County. services/classroom building.
Assisting a general contractor in workout arising from owner financing issues arising from $350 million (plus) contract for the construction of a major hospital. Additional work for client included drafting and
20 21 negotiating: construction contract for 4-story, 197, sq. Representing a joint venture as EPC Contractor for a $1 ft. expansion for Natural Science Museum; downtown, billion, 669MW pulverized coal power project under high-rise hotel ($34.5 million in construction construction in Arkansas in: (1) claims arising from the costs); and design-build contract for medical device defective design and construction of a 460 foot-tall manufacturing facility. reinforced concrete chimney against the subcontractor furnishing the design and construction of the chimney Representing a major regional hospital in drafting and and that subcontractor’s performance bond surety. negotiating Construction Manager at Risk contract for Client claimed damages in excess of $10 million construction of a new hospital campus that will include and faced project delays and exposure to liquidated construction of a new 862-bed hospital, outpatient damages substantially in excess of the $10 million, if center and related improvements. a resolution of the chimney defects was not quickly reached and agreed upon with the owner. These Representing an integrated engineering, construction claims were settled on a confidential basis favorable and technical services organization in a variety of to the client; and (2) claims against the project owner litigation matters in Texas. Specifically, representing for force majeure arising from weather delays to the the client in litigation against a surveying and mapping critical path of construction in excess of $10 million. company in a dispute regarding subsurface utility This claim is ongoing. engineering (SUE) services for the Spur 601 Project in El Paso, Texas. Also defending the client in a negligence Energy & Environmental Law suit filed by property owners who have experienced
flooding following the design and construction of U.S. Legislative Matters Hwy. 183A in Austin, Texas.
Advised an integrated energy company engaged Winstead serves as chief legal counsel to a trade primarily in electric power production and retail association representing the general contracting distribution operations Successfully advocated for an industry in Texas on various legislative related issues, administrative rule that provides our client with the including negotiations and drafting proposed legislation right to trigger an evidentiary contested case hearing, regulating the use of “broad-form” indemnity clauses if the client is not satisfied with an initial agency in construction contracts and licensing/registration determination in a ratemaking proceeding, which requirements for contractors for projects in Texas. will give our client leverage in negotiations regarding Most recent Legislative Session ended in May, 2009. rates for disposal of low-level radioactive waste. Also assisting in other work in the related rate case, as well Advising a major regional pediatric health care system as the policies being adopted by the Texas-Vermont in connection with drafting and negotiating design and Low-Level Radioactive Waste Disposal Compact construction contracts for $250 million expansion of Commission. medical center complex. Assisted a leading provider of natural gas for Providing legal counsel to a subsidiary of public housing transportation in North America. Coordinated with an authority as general partner in project owner limited ad hoc coalition to pass legislation that requires 50% partnership in disputes with the general contractor and of the State of Texas’ vehicle fleet to utilize alternative developer of a “tax credit” public-private partnership fuels, including natural gas, and to pass legislation that structured housing development for low income senior provides $48 million in grant funding over 8 years at citizens with a total project cost of approximately $13 current funding levels for alternative fuel projects for million. private fleet vehicles. The legislation is currently being implemented by state agencies, including a rulemaking Drafting a $300 million (plus) Construction Manager project at the Texas Commission on Environmental at Risk contract for construction of municipal water Quality. treatment facility for a major metropolitan city and its Water Utility Department. Monitored and influenced legislation pending in the Texas Legislature that could affect the natural gas Serving as legal counsel to an owner/developer in industry on behalf of a natural gas pipeline company a lawsuit involving property damage arising from and a natural gas exploration and production company. structural failures at a $3.5 million golf clubhouse and restaurant in a private subdivision outside of Fort Worth, Texas.
20 21 Assisted a large industry association with drafting and Litigation Matters providing background support for legislation relating to regulation of rock quarries. Advise a chemical manufacturing company in a dispute regarding responsibility for hazardous substances at a Representing a coalition of companies to convince chemical plant. the state environmental agency to revise its rules in a manner and in a time frame that coalition members Representing the second largest U.S. energy company desire, and to fend off challenges by other members of in cost recovery action in a state Superfund matter the regulated community. involving over 1200 parties.
Administrative Matters Assisting one of the world’s leading energy companies and a large waste management company with Representing a client in developing a residential responding to a Unilateral Order enforcement action subdivision expected to include nearly 1,000 homes from USEPA. in a contested matter pending at the State Office of Administrative Hearings involving a wastewater Representing a trust in a lawsuit seeking damages treatment plant application. against a major production company for failure to pay royalty on natural gas liquids and residue gas, which are Advised a client in a contested application involving being bartered to treatment facility in exchange for the a contested wastewater treatment plant permit removal and return of CO2 to the unit for reinjection in filed with the Texas Commission on Environmental connection with enhanced oil production operations. Quality, which was successfully settled after extended negotiations with the parties involved. Defending a petroleum consulting firm and one of Assisted one of the largest electric utilities companies its officers in a case filed by a bankruptcy trustee, in the United States with complex air quality alleging breach of fiduciary duty, fraudulent transfers, permitting issues at a state environmental agency. The preferential payments and money received. issues are being monitored by environmental groups and the U.S. Environmental Protection Agency. Representing a Tarrant County landowner in hydrocarbon pipeline condemnation suit filed by a Legal counsel to a leading supplier of cement, common carrier under eminent domain law. aggregate and consumer product building materials. Represented client in a hotly contested renewal of Serving as legal counsel to mineral interest owners in a air permit under the Texas Clean Air Act, including lawsuit for nonpayment of oil and gas royalties against responses to contested case hearing requests and lessees who claim that production on the leased motions for rehearing. premises by a separate entity does not trigger duty to pay royalty under the applicable lease. Regulatory Matters Representing a major land and petroleum exploration Representing a client in the transfer of a Certificate company in lawsuit challenging the validity of liens of Convenience and Necessity for a public water filed against Winstead’s client’s mineral interests system that is pending at the Texas Commission on by oilfield supply companies in various West Texas Environmental Quality. properties.
Represented a food manufacturer in a contested Defending a leading energy company in numerous application for a Prevention of Significant Deterioration litigation matters, including one breach of trade secret air permit that was successfully settled in alternative case; defective design and construction of steam dispute resolution prior to a hearing on the merits. turbine generator case; and an East Texas case seeking surface damages. Engaged by a seller in a real estate transaction involving contaminated property in which both the Served as legal counsel to a mineral exploration seller and the buyer obtained an Innocent Owner/ company. Won a major jury trial in Refugio County. Operator Certificate from the Texas Commission on Currently defending the appeal from directed verdict in Environmental Quality. client’s favor.
22 23 Transactional Matters and prosecuting patent applications for a wide range of technologies, such as computers, software, Representing a one of the world’s leading energy nanotechnology, semiconductor processing and companies in a pipeline sale in Texas. electrochemical applications.
Labor & Employment Matters Advising a worldwide information technology company in protecting their intellectual property, including Assisted an independent crude oil and natural gas preparing and prosecuting patent applications for exploration and production company in the dissolution a wide range of technologies, including computers, of its pension and health benefit plans. software, communications, electronics, circuits and e-commerce. Energy Lending Matters Representing a Houston architectural firm in a Advise client with environmental aspects of copyright infringement case against several defendants multimillion dollar re-financing of electric generating who have misappropriated the client’s architectural plant, including negotiating the environmental designs for Speedy Stop gas stations. provisions in the re-financing documents and providing an opinion regarding plant’s compliance with Currently a leading telecommunications company in environmental permitting requirements. its entry into the medical device arena by conducting a comprehensive review of the relevant regulations applicable to medical device installers promulgated by Intellectual Property all fifty states and the FDA.
Represented a manufacturer of oil field drill bits as a Successfully represented the plaintiff in a trademark defendant in patent litigation in the Eastern District infringement matter. The case terminated with the of Texas, Tyler. Companion litigation was against defendant changing its name. defendants Halliburton and Baker Hughes. Plaintiffs asserted 12 patents, several hundred claims, covering Represented a plaintiff in a patent infringement matter. treated diamond coated inserts for oil field drill bits. The case terminated in a successful settlement. The case settled in September, a few weeks prior to trial on terms that our clients were especially pleased Successfully represented the defendant on their mark with relative to results achieved by other defendants. “Drill Tech.” The case terminated with our client’s mark issuing. Assisted in a massive patent filing project that will result in major patent prosecution over the next two Serving as legal counsel to a leading provider of global- years. The client is filing 300+ national phase patent infrastructure solutions in technology, information applications in the U.S. Patent Office prior to March services and staffing acquisition in strategically 2010. The applications are directed to the state- procuring patent protection covering important of-the-art peptide drugs that have been implicated proprietary technologies. in the treatment of disease conditions such as HIV, angiogenesis and apoptosis. Managing a large intellectual property identification and due diligence effort for an international data Assisting new CEO in extensive contract review and protection solution provider. license negotiations involving other practice groups in the firm. Currently assisting client in obtaining worldwide patent protection for its designer dairy beverages and related Successfully represented an oilfield service company processes. in defending its patent in a reexamination proceeding instituted in the U.S. Patent and Trademark Office by an Obtained patent protecting organization of two and oilfield service company that was sued for infringement three dimensional image data for Swiss-Swedish of the client’s patent. multinational corporation. The client is one of the largest engineering companies in the world operating Representing a large Texas university in protecting their primarily in the power and automation technology intellectual property, including reviewing invention areas. disclosures for licensing potential and preparing
22 23 Assisted a production company with research and for example, Baylor College of Medicine, St. Luke’s documentation regarding alleged multi-country Episcopal Health System, and The University of Texas copyright infringement and in preparation of cease and M.D. Anderson Cancer Center) in evaluating and desist letter for foreign counsel. obtaining intellectual property and software licenses.
Representing a Houston glass company against several Labor, Employment & Immigration defendants for copyright and trademark infringement case. After obtaining summary judgment for a large financial services company on a former employee’s claims for Representing a fiber reinforced polymer manufacturing age, race and sex discrimination claims, successfully company (defendants) in patent infringement case. defended client in connection with plaintiff’s appeals Won case at distinct court level in summary judgment. to the Fifth Circuit Court of Appeals and United States Prevailed at Federal Circuit Court of Appeals as well. Supreme Court. Case marked precedential. Winstead was retained by a national home Advising an owner and operator of a leading online improvement products retailer to assist in both the insurance marketplace. Representing client as a selection and training of its third party administrator defendant in a patent infringement suit involving (TPA). The new TPA will administer, on a national customer lead generation, internet technology in the basis, all workers’ compensation, Texas nonsubscriber, Eastern District of Texas. We also represented client customer, vendor and general liability claims and as a plaintiff in a counter-patent infringement suit litigation for the company. Winstead has, in this past in the Southern District of California. The plaintiff year alone, defended the company in 25 lawsuits, in the Eastern District of Texas case recovered about predominately on nonsubscriber-related claims, $40 million against the last defendant it sued for throughout Texas. In addition, our employment infringement of their patent. Winstead helped lawyers provide daily legal counsel to the new TPA and facilitate a settlement that consisted of a cross-license their contacts at the company on claims issues arising to the patents-in-issue and our client not paying any under their Texas Employee Accident Plan. damages or royalties. The general counsel for our client commented that this may have been his best At the request of a fast-growing regional restaurant experience working with a law firm, considering the chain, prepared C-level Employment Agreement, Profit result, the fees charged and how we appreciated and Interest and Capital Interest Agreements for executive followed their budget and business goals. team.
Preparing patent applications covering innovations Engaged by a prominent national restaurant group developed by a global provider of engineering services to defend various charges filed with the Equal for chemical process technologies. Employment Opportunity Commission and other employment-related matters throughout the State of Representing a large public hospital in the selection, Texas. negotiation and engagement of the design and construction teams for a campus and facility Winstead successfully resolved four employment replacement project estimated at $1.27 billion, lawsuits for this major grocery store chain, including particularly the information systems and technology securing summary judgment as to all of plaintiff’s agreements for the program controls manager. claims in one proceeding.
Advising an oilfield services company in drafting Defended one of the country’s largest producers/ several patent applications and prosecuting patent distributors of food and pet products in claims of age applications before the patent office. discrimination and retaliation filed by former officer of national produce company after performance-based Obtained patents protecting core technologies of termination. a global usenet service provider relating to Layer-4 switching technologies and a caching, clustering, and Obtained permanent injunction enforcing aggregating usenet server. non-competition agreement of construction company’s former sales and business development Engaged by a non-profit corporation whose members representative. are dedicated to improving indigent care (including,
24 25 Obtained favorable EEOC determination of charges Weekley Homes challenged the trial court’s order alleging race discrimination against personnel services based on the absence of any showing of good cause company. for the invasive computer search and any showing that Weekley’s computers would have any responsive Real Estate Litigation information. The Texas Supreme Court granted the petition and held that the trial court abused its The firm recently obtained a favorable opinion from discretion in granting HFG’s motion. In a case of the Dallas Court of Appeals on behalf of an owner/ first impression in Texas, the Texas Supreme Court seller in Transcontinental Realty Investors, Inc. v. The established a requirement that the party seeking the John T. Lupton Trust, 286 S.W.2d 635, (Tex. App.—Dallas electronic discovery provide some showing of good 2009, no pet. h.) affirming the trial court’s summary cause, and the Court in its opinion set forth a summary judgment order on the purchaser’s breach of contract of the proper procedures for seeking electronic claims. The owner/seller argued that the purchaser lost discovery under Rule 196.4 of the Texas Rules of Civil its right to purchase based on the purchaser’s failure to Procedure. The case has received significant attention comply with the requirements of an amendment to the from litigation and appellate lawyers throughout the contract. The purchaser claimed that the amendment state. was void and that an alleged oral preexisting extension agreement controlled. The Court of Appeals agreed Winstead is defending a luxury home builder in an with Winstead’s argument that the oral agreement arbitration involving the interpretation of a rollback was merged into the fourth amendment, and became tax provision allocating rollback taxes triggered by the unenforceable as a result of the purchaser’s breach purchaser following the client’s sale of several tracts of of the fourth amendment, and the Court of Appeals property designated for the open lands exemption. affirmed the summary judgment. Winstead recently tried a case before a Dallas jury Winstead assisted property owners in connection with regarding the propriety of hospitality credit program a dispute between the owners of a contiguous property fees established by the developer and assessed by the and the City of Dallas. Our clients sought to enjoin the property owner’s association. construction of a road and the destruction of trees on and near their property, and Winstead was successful Winstead defended a client in a partnership dispute in obtaining a temporary restraining order to prevent that was tried to a jury involving, among other issues, the contiguous owners and the City from cutting trees the payment of real estate taxes. on the disputed property. Just prior to the temporary injunction hearing, the City filed a plea to the jurisdiction, which the trial court granted in part and Tort & Insurance Litigation denied in part. The City immediately filed a motion to appeal, which by statute stayed all proceedings in the Representation of a nursing home group as lead trial court and precluded the trial court from moving counsel in more than 15 new lawsuits, including claims forward with injunctive relief thereby permitting the of wrongful death, nursing home negligence and City and the contiguous land owners to move forward. employment disputes. Winstead’s attorneys filed an emergency motion with the Dallas Court of Appeals seeking an emergency Assisted a bank’s legal counsel with trying a case as a order to prohibit any action with respect to the defendant, with a counterclaim for breach of guaranty property. Within one business day of the City’s filing agreement. After a two-week trial, the client won its notice of appeal, Winstead successfully obtained an completely as both a defendant and as a plaintiff, emergency order from the Court of Appeals staying all securing a nearly $4 million judgment for the bank acts with respect to the property. This matter is still against the plaintiff/borrower. pending. Won an appeal out of the El Paso Court of Appeals Weekley Homes, LP, No. 08-0836, 2009 Tex. Lexis, reversing and rendering a take-nothing judgment in 630 (Tex. August 28, 2009) - Winstead represented favor of Winstead’s clients who were defendants in the largest privately-held home builder in America in the case. After a three-week trial, the trial court had a dispute with HFG Enclave Land Interest, Ltd. HFG erroneously submitted issues to the jury resulting in a obtained from the trial court an order granting access nearly $15 million judgment against our clients. to four of Weekley Homes’ computer hard drives for inspection by HFG’s computer forensic specialist.
24 25 26 27 Professional Excellence Diversity Committee Report Community Relations & Pro Bono Report Leadership Winstead New Attorneys & Newly-Elected Shareholders
26 27 PROFESSIONAL EXCELLENCE
Honors
The Best Lawyers in America 2009 San Antonio Office Fifty-eight Winstead attorneys were selected through Winstead’s San Antonio office expanded to the Bank of a peer-review survey of top attorneys in the country. America Plaza located at 300 Convent Street, Out of more than 1,400 law firms with attorneys Suite 2700. listed in Best Lawyers, Winstead ranked: first in Texas in Insurance Law, Equipment Finance Law, Land Use & Winstead launches new industry group Zoning Law, Sports Law and Real Estate Law. Winstead announced the formation of a new real estate subgroup, the Leasing and Asset Management Texas Monthly: Texas Super Lawyers 2009 Industry Group. This newly formed team of attorneys Forty-three of the firm’s attorneys were selected as is focused on helping businesses seeking to reduce their Texas Super Lawyers by Law & Politics magazine. The costs by downsizing facility space, adjusting rentals annual Texas Super Lawyers list honors Texas’ top and/or modifying lease structures; whether landlord or lawyers based on surveys of more than 57,000 active tenant, and regardless of the type of property involved. attorneys across the state. The final list—only 5 percent of Texas’ licensed attorneys—is one of the most Joel Reese appointed to the Advisory Council of the comprehensive and diverse listings of top lawyers in Texas Tech Rawls College of Business. Texas. Greg Erwin and Greg Zimmerman named the new Texas Monthly: Rising Stars leadership team of Winstead Real Estate Development Twenty-two Winstead attorneys were named Rising and Investments Practice Group. Erwin will serve as Stars. Only 2.5 percent of Texas attorneys receive this practice group leader and Zimmerman will serve as his honor every year. deputy.
Chambers USA: Leading Lawyers 2009 Thomas Forestier named managing shareholder of Fifteen Winstead attorneys from six different practice Winstead’s Houston Office. areas ranked among the top attorneys of their field in the United States. Winstead practice areas receiving Adam Darowski appointed by the Coppell City Council the highest marks were: Real Estate, Banking & Finance, as a regular member of the Special Counsel of the City Environment, Construction, Tax and Insurance. of Coppell.
D Magazine: Best Business Lawyers 2009 Roland Love received Texas Land Title Association’s Fifteen Winstead attorneys were selected as Best Professional Excellence Award. Business Lawyers whose work is ranked among the best in their areas of practice. Joe Fonlon, Emily Herbster, and Carmen Ng graduated in the Houston Young Lawyers Association Fort Worth, Texas Magazine Leadership Academy Class of 2008-2009. Seven Winstead attorneys were selected as Tarrant County’s Top Lawyers. Derek Fletcher elected as a Fellow of the prestigious American College of Trust and Estate Counsel. 2009 Pro Bono Award Winstead recognized as the “Outstanding Clinic Dan Susie elected as a Fellow to the Texas Bar Sponsor” by the Dallas Bar Association. Winstead Foundation. attorneys volunteered the most hours in 2009 at DVAP’s clinics compared to other firms involved in Thomas E. Reddin named chair of Winstead’s Labor, DVAP efforts. Employment & Immigration Practice Group.
28 29 G. Thomas Boswell reappointed for a one-year term Mike Cook has joined the board and executive on the executive committee, compensation committee committee of PeopleFund, an Austin organization and quality committee for Cook Children’s Health engaged in community lending that creates jobs, System and Foundation. Tommy also reappointed to provides safe and affordable homes, and promotes the executive committee and finance committee for good economic policy decisions for communities. the Fort Worth Museum of Science and History. Elisabeth Wilson elected to serve as a director of the Roland Love wins Texas Land Title Association’s Dallas Hispanic Bar Association. Professional Excellence Award, which honors exceptional contributions and extraordinary Cheryl Camin selected as an ABA National achievement by those employees who exhibit Outstanding Young Lawyer Award Finalist. outstanding customer service. Ross Margraves was named to Governor Rick Perry’s David F. Johnson becomes certified in Civil Trial Law Commission for Disaster Recovery and Renewal. by the Texas Board of Legal Specialization. David is now certified in three areas: Civil Appellate Law, Civil Barry Knight received inaugural Impact Award from the Trial Law, and Personal Injury Trial Law. He is the North Texas Housing Coalition. youngest practicing attorney in Texas to have this triple certification. Paul Wageman and Dan Branch listed as 2009 Tech Titans, which recognizes technology, innovation and Tom Forestier appointed again to the steering leadership in Dallas/Fort Worth. committee for the Texas Minority Counsel Program, whose mission is to increase opportunities for minority Cheryl Camin and Talmage Boston both received and women attorneys who provide legal services to Presidential Citations from Dallas Bar Association corporate and government clients. (DBA) President Christina Melton Crain at the DBA’s annual meeting. Cheryl received the award for her Daniel Vineyard elected to the board of directors as significant role in coordinating a DBA Rule of Law vice president of The Woodlands Bar Association. seminar, the first and only one of its kind in Texas, while Boston was recognized for his work as chair of the State Peyton Smith invited by the Advisory Board of the Bar of Texas’ annual meeting. Litigation Counsel of America to serve as a Fellow in the Trial Lawyer Honorary Society. Chairman Emeritus Mike Baggett was named Dallas Regional Chamber Chair of the Board-Elect at the David Staas voted as one of Houston’s Top organization’s Annual Meeting. Mike served as a Professionals on the Fast Track. speaker at the annual meeting that brings together business community leaders to review the Chamber’s Kyle Watson selected president-elect of the accomplishments and looks ahead to future initiatives. Montgomery County Bar Association and will assume the position beginning 2010. The honors and recognition listed here are a representation of some of the firm’s accomplishments. Denis Braham named one of 2009 Lawdragon’s “100 Visit winstead.com for an expanded list of Managing Partners You Need to know.” accomplishments.
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DIVERSITY COMMITTEE REPORT Diversity is an essential ingredient of Winstead’s culture and Winstead Juris Doctor Scholarship success. Our firm is strongly committed to the recruitment, Winstead’s Diversity Committee leads efforts for the retention, development and advancement of men and women of all annual Winstead Juris Doctor Scholarship, a scholarship backgrounds so that our workforce reflects the diversity of our clients program aimed to enhance the recruitment of diverse and our communities. This commitment to diversity applies to our candidates at Texas law schools. Through the scholarship attorneys, staff and to the selection of our business partners and program, Winstead awards three $20,000 scholarships vendors. annually to first-year, underrepresented, diverse law students at the following Texas law schools: The Winstead has refocused its efforts and resources to achieve University of Texas School of Law, The University of meaningful increases in diversity within our firm. And although we Houston Law Center, and Southern Methodist University are proud of our progress, we recognize that we must continue to Dedman School of Law. set new goals and expand our efforts. We appreciate our attorneys who have contributed to the success of our diversity efforts. We look Organizations and Activities forward to continued success in the years to come. Because diversity requires not just ideas, but action and support, Winstead actively participated in and sponsored Through the efforts of Winstead’s Diversity Committee, we have a number of key organizations and events, including the systematically implemented activities to ensure the success of following: our diverse lawyers. These activities include monitoring case assignments for participation of diverse attorneys; skill strengthening -Jackie Robinson Foundation Scholarship and mentoring for all attorneys; introducing diverse attorneys to -Anti-Defamation League Torch of Liberty Dinner key clients for fostering lasting relationships; and revising the firm’s -UT Chicano Hispanic Law Students Association alternative work policy, mentoring program and assignment systems. -Texas Minority Corporate Counsel Program -Asian American Bar Association of Houston Listed below are a few noteworthy accomplishments for 2009. -National Bar Association Convention -Hispanic Bar Association of Austin Women’s Alliance -Hispanic Bar Association of Houston - President’s Day The Women’s Alliance was organized to address topics -Houston Association of Black Journalist Gala of interest to women at the firm, such as business -Houston Diversity Council development and leadership opportunities, retention -The Real Estate Council Diversity Program rates and alternative work schedules. -Thurgood Marshall Legal Society -Tomorrow’s Attorneys Pipeline Program The Women’s Alliance continues to flourish as the -Southeastern Minority Job Fair firm’s female attorneys participate in firm-wide and -Sunbelt Minority Job Fair local events that focus on issues affecting women in the legal profession. This year, the Women’s Alliance hosted a client fashion show benefiting Dress for Success Austin, an organization dedicated to promoting the economic independence of disadvantaged women. In Dallas, the Women’s Alliance also hosted a client dinner benefiting The Wilkinson Center, whose mission is to provide pathways to self-sufficiency for families living in poverty. The Women’s Alliance also served as a sponsor of DirectWomen, which promotes women leaders among boards of U.S. companies.
30 31 DIVERSITY COMMITTEE MEMBERS
Winstead’s Diversity Committee identifies, develops and implements business opportunities for the recruitment, retention and promotion of minority attorneys and women attorneys at our firm. For example, Winstead’s Diversity Committee discovers and evaluates events such as conferences and other networking opportunities that promote its minority and women attorneys. The Diversity Committee also determines areas of improvement in the firm’s mentoring and inclusion of diverse attorneys.
Thomas J. Forestier Teresa Schneider Herb Albritton Dominique Anderson Chair, Diversity Committee Chair, Women’s Alliance Executive Director Director of Recruitment
Zeena Angadicheril Yasmin Islam Atasi Paige Ingram Castañeda Joseph Kilian B. Fonlon
Keneisha M. Miller Carmen Ng Brooke J. Reynolds Patty Stewart Director of HR
Alex S. Valdes Kirk R. Williams
30 31 COMMUNITY RELATIONS AND PRO BONO REPORT Committed to our Communities Winstead’s commitment to serving our communities dates back to the firm’s inception. We support our communities by providing pro bono legal assistance to low-income individuals and non-profit organizations, supporting charitable organizations, volunteering our time as board members and assisting with fundraising projects. Some of the organizations Winstead proudly supported in 2009 include:
Academy of Medicine, Engineering and Science of Texas Dallas Theater Center AEGON Foundation Dallas Zoological Society American Cancer Society Dallas/Fort Worth Hospital Council American Diabetes Association DaVinci School American Heart Association DIAL - Developing Independent Adult Living American SIDS Institute Disabled American Veterans Arthritis Foundation Dispute Resolution Services of Tarrant County, Inc. Asian American Forum, Inc. Downtown Dallas Attorneys Serving the Community El Paso Symphony Orchestra Association Austin Children’s Museum Entrepreneur’s Foundation - Freedom Day Austin Museum of Art Eugene Field Elementary School Avalon Place Property Owners’ Association Family Eldercare Big Brothers Big Sisters of Central Texas First Tee of Dallas Boy Scouts of America Forest Heights Neighborhood Development Corporation Boys & Girls Clubs of the Capital Area Fort Worth Museum of Science and History British American Business Counsel - DFW Foundation Foundation for Arlington Youth Cancer Foundation FUNED, Honduras Candlelighters Childhood Grace Church Frisco Captain Hope’s Kids Greater Dallas Chamber Young Professionals CASA Greater Dallas Council on Alcohol & Drug Abuse Catholic Charities of the Archdiocese of Galveston-Houston Greater Houston Convention and Visitors Bureau Children’s Justice Project Habitat for Humanity Colorado River Foundation Harris County Healthcare Alliance Contact Crisis Harris County Precinct One Cook Children’s Health Care System Helping Hand Home for Children Crystal Charity Ball Heritage Society of Austin Cystic Fibrosis Foundation Hidalgo Foundation of Bexar County Dallas Center for the Performing Arts Hill Country Conservancy Dallas Lutheran School Houston Golf Association Dallas Opera Houston Grand Opera Dallas Regional Chamber Houston International Seafarers’ Centers Dallas Symphony Orchestra Houston Livestock Show and Rodeo Dallas Tennis Association Houston SPCA Dallas Texans Soccer Club Houston Super Bowl XLVI Bidding Committee
32 33 Houston Technology Center Pulmonary Hypertension Association Interfaith of The Woodlands Rainbow Days Jackie Robinson Foundation Ronald McDonald House Jesuit College Preparatory School Young Alumni Association SER Jobs For Progress Jewish Community Center of Dallas South Montgomery County YMCA Jewish Federation of Greater Houston SPCA Joe Sample Youth Organization, Inc. Special Olympics John H. Reagan Elementary School – Dallas St. Jude Children’s Research Hospital Kardivas, Inc. State Fair of Texas Kids Who Care, Inc. Susan G. Komen for the Cure KIPP, Inc. (Knowledge is Power Program) Texas Alcoholism Foundation Legal Aid of Northwest Texas Texas Community Building with Attorney Resources Lone Star Girl Scout Council The Helping Hand for Children Lyric Opera of Austin The Leukemia & Lymphoma Society Make-A-Wish Foundation The Woodlands Arts Council March of Dimes TITAS Meals on Wheels and More Twilight Wish Foundation Medina Valley ISD Education Foundation United Way of America Muscular Dystrophy Association VICTORY Board National Multiple Sclerosis Society Volunteer Legal Service Partners in Education- Travis Heights Elementary West Austin Youth Association Paws for Patriots Women Helping Women Post Oak Family YMCA Woodlands Rotary Club Promise House, Inc. YMCA
The community and pro bono service listed here are a representation of some of the firm’s activities. Visit winstead.com for an expanded list of activities.
32 33 LEADERSHIP WINSTEAD Congratulations to the members of Leadership Winstead 2009. And special appreciation to the coordinating shareholders of Leadership Winstead 2009, Nancy Furney and James Ruiz.
Leadership Winstead is a program designed to reward those associates in the firm who have demonstrated a high level of leadership, loyalty, and work ethic by (a) further developing in those associates the core values and history of Winstead; (b) exposing associates to the business side of the firm; (c) developing our associates’ leadership potential and skills; and (d) enhancing our associates’ overall experience with the firm. Senior shareholders assist by developing an agenda for interactive programs on various topics. The associate members and shareholder advisors meet formally once a month with more informal settings throughout the year.
Nancy W. Furney James G. Ruiz Corby Brooks Jeanne Marie Caruselle Adam S. Darowski Coordinating Coordinating Shareholder Shareholder
Matthew T. Ferris “Erik” Weiting Hsu Koy R. Killen Dana E. Lipp Daniel M. Martinez
Kristina Fumiko Rollins William R. Rohrlich II Carolyn A. Rupprath Kristen L. Sherwin
34 35 NEW ATTORNEYS Elizabeth Chumney Breazeal – Of Counsel Lloyd A. Lim – Associate San Antonio, Real Estate Development & Investments Dallas, Business Restructuring/Bankruptcy
Marcus D. Brown – Associate Michael P. Massad, Jr. – Shareholder Dallas, Labor & Employment Dallas, Business Restructuring/Bankruptcy
Alisa C. Brownlow – Associate D. Farr Nolen – Associate Houston, Finance & Banking San Antonio, Real Estate Development & Investments
Cheryl S. Camin – Shareholder Frank Z. Ruttenberg – Shareholder Dallas, Corporate, Securities/Mergers & Acquisitions San Antonio, Real Estate Development & Investments
Benjamin G. Carter – Of Counsel Michael P. Springer – Shareholder Dallas, Wealth Preservation Houston, Finance & Banking
Sean B. Davis – Associate Douglas E. Stewart – Shareholder Houston, Business Restructuring/Bankruptcy Houston, Finance & Banking
Jennifer Tjia Foringer – Associate Justin B. Whitley – Associate Austin, Energy & Environmental Law Houston, Commercial Litigation
Linda M. Glover – Shareholder Elisabeth A. Wilson – Associate Houston, Commercial Litigation Dallas, Business Restructuring/Bankruptcy
Lekha Gopalakrishnan – Shareholder Dallas, Intellectual Property
NEWLY-ELECTED SHAREHOLDERS
Alexander R. Allemann – Shareholder Noelle L. Garsek – Shareholder Austin, Corporate, Securities/Mergers & Acquisitions Dallas, Real Estate Development & Investments
Elliot Clark – Shareholder Justin A. Hoover – Shareholder Austin, Commercial Litigation Fort Worth, Corporate, Securities/Mergers & Acquisitions
Eli O. Columbus – Shareholder Joshua L. Lebar – Shareholder Dallas, Business Restructuring/Bankruptcy Houston, Real Estate Development & Investments
Lorin Williams Combs – Shareholder Robert A. Voigt, Jr. – Shareholder Dallas, Real Estate Development & Investments Austin, Intellectual Property
34 35 Winstead Commitment to Clients and our Core Values Office Locations
Commitment to Clients AUSTIN We are more than just your attorneys—our knowledge of your business and industry makes 401 Congress Avenue us an extension of your core business team. We are practical, roll-up-our-sleeves lawyers Suite 2100 committed to using our broad legal experience to relentlessly pursue innovative solutions on Austin, Texas 78701 your terms. Our Core Values include: 512.370.2800 office 512.370.2850 fax
Teamwork DALLAS We accomplish more together than we could alone, knowing that inclusiveness is 5400 Renaissance Tower essential to teamwork, and we are willing to give more than we receive. 1201 Elm Street Dallas, Texas 75270 Excellence 214.745.5400 office We expect and accept only the best. 214.745.5390 fax
Personal Growth FORT WORTH We challenge ourselves and will continually examine and raise our expectations. 1100 Carter Burgess Plaza 777 Main Street Respect Fort Worth, Texas 76102 We respect each other, our clients, our adversaries and the law. We support and take 817.420.8200 office pride in our firm and each other. 817.420.8201 fax HOUSTON Integrity 1100 JPMorgan Chase Tower We are fair and honest in all we do. The truth is absolute—regardless of consequences. 600 Travis Street Houston, Texas 77002 Dependability 713.650.8400 office We take responsibility, act professionally and will meet or exceed expectations. 713.650.2400 fax
Intensity SAN ANTONIO We are committed to and relentlessly pursue all we undertake. 300 Convent Street Suite 2700 Service San Antonio, Texas 78205 We serve our clients, our firm, each other, our profession and our community. 210.277.6800 office 210.277.6810 fax Commitment We are loyal to our clients and each other, and provide long-term opportunity and THE WOODLANDS stability. 24 Waterway Avenue Suite 500 The Woodlands, Texas 77380 281.681.5900 office Winstead Commitment to Diversity 281.681.5901 fax
Diversity is an essential ingredient of Winstead’s culture and success. Our firm and WASHINGTON, D.C. leadership teams are strongly committed to the recruitment, retention, development and 1120 20th Street, NW advancement of men and women of all backgrounds so that our workforce reflects the Suite 700, North Building diversity of our clients and our communities. This commitment to diversity applies to our Washington, D.C. 20036 attorneys, staff and to the selection of our business partners and vendors. Winstead is proud 202.572.8000 office 202.572.8001 fax to have women and minorities serving at all levels of firm leadership, including the Executive Committee, as Office Managing Partner, Practice Group Chair, and on many internal ©2009 Winstead PC committees and teams.
The 2009 Firm Report is published by Winstead PC for clients and friends of the firm.