New Associates have joined ENOCH KEVER:
Brett 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.
Awards and recognitions:
Founding partner Andrew Kever named 2016 Best Lawyers® Lawyer of the Year
Recognized as Mobility Advocate of the Year, Two in a row for Martha Smiley
ENOCH 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.
Rod Johnson elected 2016 Board President of local non-profit Front Steps
Member Amy Saberian selected as a Fellow of the Texas Bar Foundation.
ENOCH 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.
Member Emily Jolly named 2016 Rising Star
ENOCH 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.
in the news
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.
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.
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.
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
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.
ENOCH KEVER founder Justice Enoch was part of a unique event at SMU Dedmand School of Law
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!