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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Choctaw Constr. Services LLC v. Rail-Life R.R. Services, LLC, 01-20-00216-CV, 2020 WL 7702186 (Tex. App.—Houston [1st Dist.] Dec. 29, 2020, no pet. h.) provides a glimpse of how COAs will handle application of the New TCPA (post the September 1, 2019 changes).  The facts require a brief discussion.  Rail-Life and Choctaw were competitors that provided railroad related work for Union Pacific.  Rail-Life was created, apparently in secret, by former Choctaw employees.  When Choctaw learned about…
As one First Amendment attorney I’m friends with once said to his detractors, “Try Harder!”  which is part of the takeaway from the 1st Houston COA in Chesser v. Aucoin, 01-20-00425-CV, 2020 WL 7391711 (Tex. App.—Houston [1st Dist.] Dec. 17, 2020, no pet. h.).  The facts are straightforward and typical in a promissory note case: plaintiff loaned money to defendant, defendant failed to repay it back, lawsuit is filed.  But things took a very un-Holiday…
Mogged et al v. Lindamood et al, 02-18-00126-CV, 2020 WL 7074390 (Tex. App.—Fort Worth Dec. 3, 2020, no pet. h.)  started back in May 2015 and involves a local election with some “dirty pool” by someone, although who remains something of a mystery.*  But in what appears as a matter of first impression in Texas, the Fort Worth COA (en banc) determined that calling someone a “sexual predator” is not defamatory because it is an…
With child-like glee I’ve been waiting to see the first TCPA opinion based on the 2019 changes (effective September 2019). First on the board is the Dallas COA with an opinion written by Justice David Evans in TERRI J. VAUGHN-RILEY, Appellant v. LAWAINNA PATTERSON, GID PORTER, PORTERHOUSE PRODUCTION, LLC AND GAP MARKETING GROUP, LLC, Appellees, 05-20-00236-CV, 2020 WL 7053651, at *3–4 (Tex. App.—Dallas Dec. 2, 2020, no pet. h.).  If the Old TCPA was a…
Well sports fans, it has been awhile. My “to blog about” folder runneth over, but between shuttling kids to events and the day to day grind of depositions/hearings/research and writings I have been lax in updates. But the Houston COA caught my eye with Buzbee v. Clear Channel Outdoor, LLC, NO. 14-19-00512-CV (Houston COA, [14th] Nov. 17, 2020). http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=d70e95a1-98d3-4461-b302-8ddebcd0c621&coa=coa14&DT=Opinion&MediaID=45f2352f-b083-4c64-959d-7f39407af504 The fact pattern is less relevant than the holding that pleadings cannot satisfy Step 2 (the…
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…