P.O. Box 200842
Austin, Texas 78720
(512) 619-8639
Fax (512) 372-1645

Oprima aquí para información en Español "Seguro que hablamos Español” [email protected]

Practice Areas

Our office enjoys handling a wide variety of legal matters including:

  • Commercial / Business litigation (including breach of contract).
  • Mediation services.
  • Complex multi-party litigation.
  • Business and Real Estate Disputes.
  • Construction litigation.
  • Landlord / Tenant disputes.
  • Business torts including fraud and misrepresentation.
  • Personal Injury Litigation.
  • Appellate brief writing and appellate argument.
  • Alternative Dispute Resolution.
  • Medical Malpractice (prosecution and defense).
  • Texas Deceptive Trade Practices Act claims.
  • Negligence.
  • Breach of fiduciary duty.
  • Administrative Law (including representing health care professionals before boards and the State Office of Administrative Hearings “SOAH”).
  • Criminal law defense (federal court).
  • Ad valorem (property) tax disputes.
  • Insurance / Disability disputes and litigation.
  • Real estate title examination and related issues.
  • Real estate contracts and leases.
  • Foreclosures.
  • Will preparation.
  • Creditor's rights.

E-Discovery - the duty to preserve evidence and avoid spoliation.

In the past many things were documented in hard paper form.  With the electronic digital age, today many communications, transactions or evidence may never be documented in hard paper form.  Thus as a friendly reminder, business entities and individuals at a minimum have a common law duty to preserve relevant electronically stored information (“ESI”) or electronic and magnetic data when litigation is pending, imminent or reasonably foreseeable. In addition, because this type of data is dynamic and can easily be changed or deleted, as soon as a party determines that evidence might consist of electronic information or data, then the party should strongly consider giving the opposing party written notice demanding that such evidence be preserved and that the electronic information or data be kept in “native format”.   In other words, ask the other party to suspend their document retention policy (i.e. to avoid spoliation or destruction of evidence) and for them to institute a “litigation hold”.  The recent federal court decision from the Southern District of Texas styled Rimkus Consulting Group, Inc. v. Cammarata, 2010 U.S. Dist. Lexis 14573 or 2010 W.L. 645253 (S.D. Tex. Feb. 19, 2010) discusses the approach taken by federal courts when parties fail to preserve electronic information.  For a more comprehensive discussion on this important court opinion click on: http://www.crowell.com/documents/Rimkus-v-Cammarata-Zublake-Revisited-Ag...

Background image courtesy of Akumar