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.

Wick Phillips Blogs

Blog Authors

Latest from Wick Phillips

I have literally 30 new TCPA cases sitting in a folder that I could write about, but with the malaise of COVID 19 combined with the statutory change in September 2019, none of them have intrigued me enough to write over the last few months.  And then into my bar walks a man with a chicken under his arm. Longtime readers may remember this:   “But have no fear, when the Austin COA renders its opinion,…
Texas First Amendment Practitioners know and utilize the Defamation Mitigation Act (“DMA”) Tex. Civ. Prac. & Rem. Code §§ 73.051-.062.  The DMA applies to all forms of defamation and provides statutory protections against and limitations on defamation claims.  The undecided question is, “if a plaintiff fails to comply with the DMA, do they lose the entire claim or just exemplary damages?” Here is the troublesome section of the statute . . .  Sec. 73.055.  REQUEST…
On Friday I had planned to write about Pisharodi v. Columbia Valley Healthcare Sys., L.P., 13-18-00364-CV, 2020 WL 2213951 (Corpus Christi COA May 7, 2020), another “first of its kind” TCPA case.*   And then along came In re. Praveen Panchakarla, and now Pisharodi is cast in a whole new light. https://www.antislapptexas.com/blog/2020/5/8/in-another-hair-raising-decision-the-texas-supreme-court-breathes-life-into-anti-slapp-reconsiderations-courts-of-appeals-get-ready-for-a-flood-of-new-appeals I’ll lead with the punchline –  the Corpus Christi COA holds that the parties can demand a jury trial on the issue of TCPA…
While I had hoped the Texas Supreme Court’s next Anti-Slapp opinion would resolve the ROA conflict, instead we get In re. Praveen Panchakarla, No. 19-0585 (Tex. May 8, 2020) which breathes new life into motions to reconsider the grant of Texas Anti-Slapp motions.* I blogged about this almost exactly a year ago when the Dallas COA issued a ruling granting a mandamus an ordering the trial court to reinstate a prior grant of a Texas…
The Dallas COA upheld the denial of a Texas Anti-Slapp in Equine Holdings, LLC v. Michael Jacoby, 05-19-00758-CV, 2020 WL 2079183 (Tex. App.—Dallas Apr. 30, 2020, no pet. h.).  The underlying suit was a breach of contract claim for indemnity under an LLC operating agreement.  The LLC filed a Texas Anti-Slapp under RFS and RTP.  The Dallas COA side stepped the application of the TCPA (Step 1) and moved to Step 2, did the non-movant…
The last day of April 2020 (and what a month it has been) brings 4 Texas Anti-Slapp Opinions.  Tomorrow I’ll cover the other two, but first up is a 67 page opinion from the Fort Worth COA in Phoung Nguyen et al v. Able Communications, Inc., No. 02-19-00069-CV (Ft. Worth COA April 30, 2020), reversing the trial court’s denial of a Texas Anti-Slapp motion. Phoung is another Garden Variety Non-Compete action, where the claims are…
First, i hope everyone is doing as well as can be expected in this turbulent time. Second, take care of yourselves and your family/friends/community. Third, my apologies for the hiatus. I’ve probably read over 50 Anti-Slapp opinions since the last post on January 4. I have some items in the hopper that are unique and will carry over until we get the first Post Sept. 2019 case. I don’t know if we will ever see…
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,…