Leading with experience

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Diane M. Barlow // Of Counsel
c: 214-629-4318 | f: 512-615-1198 | dbarlow@enochkever.com

Diane Barlow

Diane Barlow focuses her practice on facility installation, relocation and determination of compensation paid by communications and cable providers for use of public rights-of-way and attachments to poles. She works with clients in all phases of this critical area, from negotiating agreements to handling disputes through litigation or alternative dispute resolution. Ms. Barlow also represents clients in agency rulemakings that deal with right-of-way use and compensation matters. Further, Ms. Barlow has extensive experience drafting legislation and on a number of occasions, she has testified before various Legislative committees on issues of right-of-way use and compensation.

Ms. Barlow has more than 25 years of experience in both the private and public sectors, including service as the Division Chief of the Financial Litigation Division for the Attorney General of Texas. In the private sector, she was previously a partner with the Austin law firm of Casey, Gentz & Bayliff, L.L.P., a partner with the Chicago law firm of Sidley Austin LLP and an associate with the Denver law firm of Holme Roberts & Owen, LLP.

Experience

  • Counsel to clients regarding methodology for payment of right-of-way compensation to municipalities.
  • Representation of clients in rulemaking projects and workshops before the Public Utility Commission regarding compensation to municipalities for use of public rights-of-way.
  • Negotiation and drafting of legislation concerning right-of-way access, compensation and facility relocation.
  • Testimony before Legislative committees on issues related to right-of-way use.
  • Negotiation of right-of-way use and relocation agreements with Texas Department of Transportation and local transit authorities.
  • Counsel to clients undergoing municipal right-of-way compensation audits.
  • Civil litigation regarding interpretation and application of payment methodology for right-of-way use under Texas law.
  • Pole attachment dispute regarding interpretation and application of nondiscriminatory pole attachment provision under Texas statute.
  • Civil litigation regarding interpretation and application of federal Telecommunications Act of 1996 provisions concerning nondiscriminatory access to public rights-of-way.
  • Expert witness in arbitration involving dispute between telecommunications company and private railroad concerning facility relocation.

Admitted to Practice

  • Texas, Illinois, Colorado, and Montana
  • U.S. Court of Appeals, Fifth, Eighth and Seventh Circuits
  • U.S. District Court for the Northern, Southern and Western Districts of Texas


Education

  • University of Montana School of Law
    - J.D. with honors, 1982

    - Montana Law Review
  • University of Montana
    - B.A. History with high honors, 1979

Professional and Community Activities

  • State Bar of Texas
  • Glacier National Park Fund, Board Member 2009 – present
  • University of Montana School of Law Board of Visitors 2002 – 2008
  • Austin Family House, Board Member, President 2001 – 2003
  • March of Dimes, Chairperson of various fundraising events and functions 1995 2002