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Announcements

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Chambers USA 2017 Lists Enoch Kever and Three Members of the Firm

In the 2017 edition of its annual listing of highly regarded lawyers, Chambers USA recognizes Enoch Kever and founding Members Andy Kever and Kirk Rasmussen for the firm's expertise in Energy: State Regulatory and Litigation (Electricity). The publication also recognizes Enoch Kever Member Rod Johnson for his "longstanding regulatory practice" in Environmental Law. Chambers describes Kever as a "respected and knowledgeable senior practitioner with a demonstrable string of successes" and Rasmussen as a "very strong lawyer on utility" matters, noting particularly his experience in major transmission line cases. Johnson is recognized for his "particular expertise in air quality work" in addition to his advice on "OSHA compliance and enforcement matter." 

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Best Lawyers in America 2017 Recognizes Enoch Kever and Five Members of the Firm

Enoch Kever has again been included among the Best Law Firms in Texas by its peers as it has been each year since the firm was founded in 2011. The firm has again been recognized this year for its work in Administrative and Regulatory, Appellate, Environmental and Commercial Litigation. Justice Craig T. Enoch (retired) has again been recognized for his Appellate practice, Andy Kever for Administrative and Regulatory, Rod Johnson and John Vay for Environmental and Gary Zausmer for Commercial Litigation.

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Enoch Kever founder Justice Enoch Welcomes new J. D. Graduates

SMU Grads

Pictured: (Left) Justice Craig Enoch ('75) and wife Kay Enoch ('77), Dawn Enoch Moore ('81), Brett Moore ('17), Blair Moore('17), Preston Enoch ('15), Matt Enoch ('08), Mark Enoch ('78) and Scot Gregory ('90). 

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The lengths we go through to save our clients...

LorberandTruesdale

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Ever the trailblazer, Martha Smiley received the 2017 Trailblazer Award

Enoch Kever congratulates Member Martha Smiley for being selected as the 2017 recipient of the Trailblazer Award from the Austin Anti-Defamation League (ADL).

The Trailblazer Award is presented to individuals or organizations whose pioneering contributions to the legal or civic activism arena have had an extraordinary and unique impact.

The ADL was founded in 1913 “to stop the defamation of the Jewish people and to secure justice and fair treatment for all.” In the 100 years since its inception, ADL has become one of the nation’s leading civil rights and human relations organizations.

Ms. Smiley was presented with her award at the ADL Austin’s 2017 Jurisprudence Luncheon on March 2, 2017. Enoch Kever was honored to be a “Guardian of Liberty” sponsor of this event. For more information about this event, please click here.

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It's Official: Enoch Kever Attorneys Melissa Lorber and Shelby O'Brien Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization

After meeting stringent standards, Melissa Lorber and Shelby O’Brien were inducted by the Texas Board of Legal Specialization as Board Certified in Civil Appellate Law on February 10, 2017.

There are over 100,000 attorneys licensed to practice in Texas, but only 7,400 have earned the right to be publicly recognized as Board Certified specialists in one of twenty-two select areas of law.

The Board Certification process is rigorous and thorough with ongoing requirements after initial certification. An applicant must, among other requirements, provide extensive, relevant experience documentation and pass a comprehensive, daylong, specialty area examination.

The Texas Board of Legal Specialization (TBLS) was established in 1974 by the State Bar of Texas to “promote the availability, accessibility and quality of the services of attorneys to the public in particular areas of the law... and advance the standards of the legal profession.”

 

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Enoch Kever PLLC welcomes New Members Katherine K. Mudge and Marla D. Broaddus, and Michael S. Truesdale, Of Counsel. 

Katherine Mudge Katherine K. Mudge represents telecommunication, broadband, cable, wireless, and electric utility  clients. Katherine advises businesses in Texas and other states regarding government and administrative law and policy, competitive issues, right-of-way disputes and litigation at both state agency and trial court levels. She also works with clients on business risk management in regulated environments to enable clients to minimize potential risk exposure while continuing to provide effective, efficient, and economical services.  (To see more about Katherine, click here.)

MArlaMarla D. Broaddus represents businesses at every stage of litigation, including pre-trial investigation and preparation, in trial, and on appeal in Texas state and federal courts. Marla specializes in written advocacy and has served as trial and appellate counsel in commercial disputes involving the energy, healthcare, insurance, and education sectors. In addition, she manages legal teams assembled to handle complex class action suits and disputes involving multiple parties and claims. Her experience includes organizing and managing large-scale document and electronic data discovery projects. (To see more about Marla, click here.)

Mike TruesdaleMichael S. Truesdale focuses on error identification in the trial court in complex civil litigation and prosecuting and defending cases on appeal. Mike represents businesses and individuals in the appellate courts of Texas and throughout the United States. He has led appeals before the Texas Supreme Court, he has appeared in nearly all Texas intermediate appellate courts, he has led appeals in other states’ courts and in the federal Fifth and Seventh Circuit Courts of Appeals, and he has authored briefs before the United States Supreme Court. Mike is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization and is AV Preeminent Rated by Martindale Hubble.  (To see more about Mike, click here.)

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Martha Smiley, 2017 Distinguished Lawyer Award

At the Austin Texas Bar Association's annual Gala, ENOCH KEVER General Counsel, Martha Smiley, received this year'smartha smiley Distinguished Lawyer Award. Deservedly so. Click here to learn why. It was ENOCH KEVER’s honor to be a Foundation Sponsor for the Gala.


 
 
 


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                                      EK

Two of ENOCH KEVER’s founders, Andy Kever and Craig Enoch, are seen here with Austin’s dramatic growth shown in the background.

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Along with Austin, ENOCHKEVER has been expanding—

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Gary ZausmerGary E. Zausmer joined ENOCH KEVER as a Member bringing over 30 years of strong commercial litigation experience representing clients in a broad range of disputes, including contract, fraud, misrepresentation, fiduciary duty, misappropriation of trade secret, unfair competition, interference with contracts and business relationships, business tort, technology, lender, employment, class action, real estate, energy, and environmental matters.


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John Vay joined ENOCH KEVER as a Member bringing substantial expertise and an outstanding environmentaJJVl and regulatory agency practice, primarily in the areas of environmental, natural resources, water, and utility law. His broad-based experience includes permitting, compliance, and rulemaking matters before the Texas Commission on Environmental Quality, the Railroad Commission of Texas, the Texas Department of State Health Services, the State Office of Administrative Hearings, the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, and other regulatory agencies and governmental entities. John also represents and counsels clients in a variety of commercial business, real estate and transactional matters, and in civil litigation in state and federal district courts. He periodically serves as an impartial third party (mediator) and contract hearings examiner in contested proceedings before governmental bodies (groundwater conservation districts).

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ENOCH KEVER has grown internally as well — Outstanding Associates elected to Members:     

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Bill Moore Mandy Kimbrough Kirk RasmussenNew Member Mandy Kimbrough is welcomed by Members Bill Moore and Kirk Rasmussen.

 

As an associate at ENOCH KEVER’s founding, Mandy's practice has grown to becoming a go-to advisor on the competitive electric market in the Electric Reliability Council of Texas. Her clients include industrial electric power generators and retail electric providers. She routinely advises clients on a wide range of regulatory compliance issues in the ERCOT market.

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In joining ENOCH KEVER as senior associate, Amy focused on appellate, regulatory and commercial litigation. Her talent and experience rapidly came to the fore. Known for appellate expertise, client demand for leadership in commercial litigation has been fueled by Amy's outstanding service. Her clients include national cable installation companies, oil and gas operators and financial investors, and associations presenting public policy issues to Texas courts.

 

Craig Enoch Amy SaberianENOCH KEVER Member and retired Justice Craig Enoch, in front of the “Judges Wall,” cutting it up with new Member Amy Saberian.

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Emily Jolly

When ENOCH KEVER added its first associate, it looked to the law clerk ranks and found an outstanding associate. Emily Jolly served as senior Staff Attorney for Chief Justice Woodie Jones at the Third Court of Appeals. Enoch Kever is pleased that Emily accepted its offer to join ENOCH KEVER as its newest Member. Emily serves electric utilities, power generators, retail electric providers, and industrial energy consumers, representing and advising them in complex regulatory matters and in contested cases at the State Office of Administrative Hearings. She focuses on a broad range of energy matters including litigation, compliance, enforcement, and due diligence for project development.

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New Associates have joined ENOCH KEVER:

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Lisa Kinzer

Lisa Kinzer joined ENOCH KEVER as an Associate after having served as law clerk to the Hon. Fortunato Benavides, United States Court of Appeals for the Fifth Circuit, and as briefing attorney to the Hon. Jeff Brown, Supreme Court of Texas. Lisa brings her extensive writing experience to Enoch Kever’s litigation and appellate advocacy team.



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Brett NuttallBrett Nuttall has joined ENOCH KEVER as an Associate.  Brett focuses his practice on public utility, energy, and other regulated industries. He specializes in administrative and regulatory law, counseling clients on a broad range of regulatory issues including compliance, enforcement, due diligence for project development, and litigation.

 

 

 

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Awards and recognitions:

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Founding partner Andrew Kever named 2016 Best Lawyers® Lawyer of the Year

Andy Kever
ENOCH KEVER
is pleased to announce that founding partner Andrew Kever has been named the 2016 Best Lawyers Lawyer of the Year for administrative law in the state of Texas. Each year, Best Lawyers conducts an exhaustive survey in which thousands of leading lawyers confidentially evaluate their professional peers. An Attorney honored as Lawyer of the Year received the highest ratings in the state survey, indicating the utmost respect among his peers.

 

 

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Recognized as Mobility Advocate of the Year, Two in a row for Martha Smiley

Martha SmileyENOCH KEVER member Martha Smiley was recognized as the Mobility Advocate by the Austin Chamber of Commerce at the Fourth Annual State of Transportation Conference.  The Chamber recognized Ms. Smiley for playing a critical role on transportation issues in the city, having volunteered remarkable amounts of her own time and becoming heavily involved in the changes necessary for the city.  Martha was the inaugural recipient of this award.

Martha is also recognized as 2015 Volunteer of the Year for regional Mobility by the Greater Austin Chamber of Commerce.



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Rod Johnson elected 2016 Board President of local non-profit Front Steps

Rod Johnson
ENOCH KEVER
member Rod Johnson was elected Board President of Front Steps for 2016.  Front Steps is a nonprofit that provides a pathway out of homelessness by providing emergency shelter, case management, and other programs to assist homeless persons on a daily basis and to transition to permanent supportive housing. For more information on Front Steps, please check out their website at www.FrontSteps.org.

 

 

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Member Amy Saberian selected as a Fellow of the Texas Bar Foundation.

Amy SaberianENOCH KEVER member Amy Saberian has been selected as a Fellow of the Texas Bar Foundation. According to the Texas Bar Foundation, each year only the top 1/3 of 1% of Texas attorneys are invited to become Fellows of the Texas Bar Foundation. Election to the Fellows is one of the highest honors that can be bestowed on a member of the State Bar of Texas. Nomination is based on outstanding contributions to the legal profession as well as a commitment to the community. 

 


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Member Emily Jolly named 2016 Rising Star

Emily JollyENOCH KEVER is pleased to announce that member Emily Jolly has been named a 2016 Rising Star by the nationally renowned Super Lawyers rating service.  This exclusive list recognizes the top up-and-coming attorneys in the United States, with fewer than 2.5 percent of eligible attorneys named as Rising Stars each year.  Ms. Jolly was honored for her impressive and burgeoning administrative practice.

 

 

 

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in the news

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ENOCH KEVER appellate team continues constitutional challenge to a tax targeting small competitors (Updated)

Combs v. Texas Small Tobacco Coal., 440 S.W.3d 304 (Tex. App.—Austin 2014), review granted (Oct. 9, 2015). To review the briefing filed by the Enoch Kever team, please click here. To view the opinion from the Austin Court of Appeals, please click here.

The Texas Supreme Court granted the State's petition and has submitted the case. Member Craig Enoch argued on behalf of the Texas Small Tobacco Coalition. To review the briefing filed by the ENOCH KEVER team, please click here. To view Craig's argument before the Supreme Court of Texas, please click here.

During the 2013 legislative session, the Texas Legislature imposed a tax only targeted on small, independent tobacco company competitors while declining to impose the same tax on big tobacco companies that had previously entered into settlements with Texas because of antitrust violations and other illegal behaviors. The tax was imposed in part to ameliorate the impact on big tobacco companies of the financial penalties under their settlement with Texas. The ENOCH KEVER team, comprised of Craig Enoch, Melissa Lorber, Amy Saberian and Shelby O’Brien, representing the Texas Small Tobacco Coalition, successfully took the legislation to court in Cause No. D-1-GN-13-002414, Texas Small Tobacco Coalition and Global Tobacco, Inc. v. Susan Combs, Comptroller of Public Accounts, and Greg Abbott, Attorney General, where the tax was declared void. And they upheld the judgment in the 3rd Court of Appeals.

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Energy Transfer Partners awarded record damages against Enterprise Partner Products. (Updated)

Enterprise Products Partners L.P. and Enterprise Products Operating LLC, Appellants, v. Energy Transfer Partners, L.P. and Energy Transfer Fuel, L.P., Appellees; Cause No. 05-14-01383-CV, Fifth District, Court of Appeals of Texas. To see the briefing, please click here.

Energy Transfer Partners was awarded a sizeable judgment against Enterprise Partner Products. The judgment awarded was $500,000,000 — the largest commercial liability judgment ever awarded by a state district court in Dallas County. The trial judge agreed with a jury verdict that, though the businesses did not have a formal partnership, the parties had, by their actions, created a partnership. And Enterprise breached that partnership with ETP by moving forward on the project with another partner. In the Dallas Morning News article describing the trial court’s judgment in favor of ETP and against Enterprise, ENOCH KEVER member Justice Craig Enoch. He made the point that “[this case] is basically the business version of a common-law marriage and divorce.” He opined that “the extremely large size of the judgment and the fascinating legal issue [surrounding partnership creation] for businesses will most certainly attract the eye of the [Texas] Supreme Court.” 

The ENOCH KEVER team has been engaged to defend Energy Transfer Partners’ damages judgment on appeal.

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Why do Houston electric customers pay more for their electricity than customers in Dallas?

Part of the answer is congestion on existing power lines within the Electric Reliability Council of Texas. The Public Utility Commission of Texas approved a major electric transmission line to bring additional electric power to the Houston area to relieve the congestion. ENOCH KEVER client Luminant, represented by member Kirk Rasmussen, played a significant role in shaping the outcome. For more information, please click here.

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Debate about the value of economic incentive packages are in the news as the State and Texas local governments campaign for businesses to move to Texas.

The value of incentives is being debated not only the Texas Legislature, but in cities around the state, like Austin. ENOCH KEVER's Craig Enoch recently participated on a panel of business leaders discussing these economic incentives for the Austin Business Journal. Here's a link to the article: Is it worth it? Advocates discuss the state of Austin's incentive program

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Miscellany

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Proud Sponsors

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For the third year in a row, ENOCH KEVER sponsored the Travis County Women's Lawyers Association Judicial Reception, recently held February 17 at Mercury Hall. With over 200 attendees, including more than 30 current and former state and federal judges, the reception is a premier event for members of the bench and bar. More information about TCWLA and the event is available here.

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ENOCH KEVER founder Justice Enoch was part of a unique event at SMU Dedmand School of Law

                                           SMU

Enoch was the first in his family to go to law school. But what a difference that made . . . here he is (3rd from left), with cousin Scott Gregory, wife Kay, brother Mark, the newest graduate, nephew Preston, the first 2nd generation graduate, nephew Matthew, and sister Dawn Moore – SMU Dedman Law graduates all!

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