Wick Phillips

Wick Phillips is a full-service business law firm serving clients across Texas and the United States. Founded in 2004, the firm has grown to more than 65 attorneys with offices in Austin, Dallas and Fort Worth. The partners of the firm joined Wick Phillips after gaining valuable experience at large law firms, bringing a wealth of knowledge and insight with them to our clients. Through turbulent economic times that saw many firms shrink or fail, Wick Phillips has flourished proving the firm’s purpose-driven approach to practicing law has real value to clients.

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Just before Christmas 2018 the Texas Supreme Court issued S & S Emergency Training Sols., Inc. v. Elliott on December 21, 2018.  Almost a year to the day, we get the 20th substantive opinion on the Texas Anti-Slapp with the issuance of Creative Oil & Gas, LLC v. Lona Hills Ranch, LLC, No. 18-0656, 2019 WL 6971659 (Tex. Dec. 20, 2019). Considering every day I get an update from Westlaw on five legal issues I’m…
The TCPA has not been kind of Alex Jones as my dear readers know.  https://www.antislapptexas.com/blog/2019/10/12/a-swing-and-a-miss-with-the-texas-anti-slapp-by-alex-jones But this Jones opinion may have slipped under the radar.  My schedule prevented me from blogging about in back in September when it came out.  Experienced TCPA practitioners know how to take advantage of the discovery procedures to obtain the necessary discovery to defeat or set up a Texas Anti-Slapp motion.  But what happens once the hearing is set, heard…
Anti-Slapp Texas turned one year old on December 30, 2019.  I kind of dropped off posting towards the end of the year, finishing out a couple of Anti-Slapp fights of my own that are headed to appeals. Here is the very first blog post for those new to the blog.  https://www.antislapptexas.com/blog?month=12-2018 It’s been fun in a law dork kind of way, but also time consuming.  With the changes to the Texas Anti-Slapp in September 2019,…
Continuing our December theme of Right to Petition cases, the Fort Worth COA weighs in on whether an absence of communication can trigger TCPA protection in a legal malpractice claim.  In Ray v. Fikes, No. 02-19-00232-CV, 2019 WL 6606170 (Ft. Worth COA Dec. 2019), Plaintiff sued her attorney for failing to timely file a negligence claim when she was rear ended in a vehicle collision.  Responding to Plaintiff’s legal malpractice action, the attorney filed a…
In Chandni I, Inc. et al, v. Patel, No. 08-18-00107-CV, 2019 WL 6799747 (El Paso COA Dec. 2019), the El Paso Court of Appeals rejected the assertion that a statutory demand to inspect books and records is not entitled to protection under the Right to Petition prong of the Texas Anti-Slapp.  While the underlying battle between the litigants started in 2014, the inspection claim first appeared in February 2018 and was promptly anti-slapped. Rejecting the…
There are limits to the TCPA, and the San Antonio COA became the second Texas COA, joining Dallas, in rejecting an attempt to Anti-Slapp a subpoena. See Greiner v. Womack, No. 04-19-00525-CV (San Antonio COA Oct. 23, 2019). The opinion is short, evidencing the lack of compelling arguments the COA had to work through. The only shorter TCPA opinions are those rejecting prematurely filed appeals. We hold the subpoena is not a legal action. Appellants…
Brown Sims, P.C. v. L.W. Matteson, Inc., No. 04-18-00596-CV (San Antonio COA 2019) may be the first application of the Texas Anti-Slapp to a legal malpractice claim.*  It’s certainly the first spider bite case that led to the use of the Texas Anti-Slapp – and answers (at least for now) the interesting question of whether the absence of communication can trigger a Texas Anti-Slapp. The dispute starts with a gentlemen bitten by a spider while…
On October 11, 2019, the Austin Court of Appeals upheld the denial of Alex Jones’ Texas Anti-Slapp motion in Alex E. Jones; lnfowars, LLC; and Free Speech Systems, LLC,  v. Scarlett Lewis, NO. 03-19-00423-CV (Austin COA Oct. 11, 2019). The gravamen of the lawsuit is that Jones intentionally inflicted emotional distress (IIED) on Scarlett Lewis by making statements implying Sandy Hook parents either lied about how their children were killed or that they were killed…
There are 370 opinions that use the phrase “Texas Citizens Participation Act” in the Texas state Westlaw database, and not one of them has held the TCPA unconstitutional.** The Fifth District has 81 opinions, rivaled only by combining the two Houston COAs (combined 83 opinions). Given the Dallas COAs prolificacy in the TCPA arena, it is somewhat surprising their first substantive opinion on a constitutional challenge just came in Goldberg v. EMR (USA) Holdings, Inc).…
Well sports fans, it took awhile, but the Fifth Circuit has rejected the application of the Texas Anti-Slapp in federal court in diversity actions. I have a big hearing coming up that I’m studying for, but I may jot some thoughts down about this decision over the weekend. With this decision, we are down to the Texas Supreme Court’s ruling in Grant v. Pivot Tech, as the next big unanswered question in TCPA law (at…