A Powerful Voice FOR BUSINESS

 
 

ENOCH KEVER provides a team of experienced business counselors and advocates who are a powerful voice in today’s ever-changing regulatory environment. We represent national and regional businesses before legislative bodies, administrative agencies, and Texas state and federal courts.

To be successful in their industry, our clients set objectives. Our job, as their lawyers, is to assist in developing strategies to accomplish their objectives by exploring the law and public policy issues, providing succinct legal counsel, and advocating for them where their businesses intersect with government. 

ENOCH KEVER SERVICES INCLUDE:

  • Legislative Counseling, Bill Drafting, and Public Policy Advocacy
  • Electric and Telecommunications Regulatory Counseling, Rule Making Negotiation, Litigation and Appellate Advocacy
  • Power, Telecommunication, and Fiber-Optic Cable Infrastructure Development, Right of Way and Commercial Contract Negotiations
  • Business/Industry Association Litigation and Appellate Advocacy
  • Appellate Advocacy in Commercial Litigation


WHY WE DO WHAT WE DO:

From defending our clients’ interests to presenting their claims; from supporting regulatory rules that encourage our clients’ business opportunities to challenging rules that discourage those opportunities; from developing and promoting legislation that facilitates our clients’ business growth to mounting strong opposition to legislative proposals that create unreasonable business burdens, our team of professionals offer effective solutions and persuasive advocacy.

  • Compliance with statutes and agency regulations is critical for ENOCH KEVER's clients to operate and grow their businesses; not only do we counsel our clients on compliance, we advocate on their behalf to assure statutes and regulations are reasonably written, applied consistently and interpreted reliably by the courts and regulatory agencies. We advocate for our clients under Texas and federal statutes and regulations, including for the electric, telecommunications, and fiber-optic cable industries, and for companies seeking water and air use permits and government contracts. We have successfully argued our clients’ positions relying on Texas and federal constitutional provisions governing subjects as diverse as equal taxation, public school financing, home equity lending, and statutory provisions governing business organizations and Texas elections.
  • The Texas Public Utility Commission regulates aspects of the competitive electric power, telecommunications, and fiber-optic cable businesses. ENOCH KEVER helps these businesses navigate the PUC’s rules and regulations. Our long experience appearing before the PUC and our involvement with the legislation that guides the PUC benefits our clients daily.
  • The Texas Commission on Environmental Quality is the second largest environmental regulatory agency in the United States, second only to the Environmental Protection Agency. Its reach into Texas industry and business is deep and wide. ENOCH KEVER lawyers—recognized experts in air and water quality regulation— have held influential positions in TCEQ predecessor agencies. And they have successfully represented our clients both before the TCEQ and its predecessors in both licensing and enforcement matters.
  • The Texas Legislature meets for 140 days every two years. ENOCH KEVER lawyers have counseled clients on issues and strategy during every session but one since 1975. We have played instrumental roles in helping shape (or defeat) transformative legislation for clients, and for a range of business interests including the electric, telecommunications, fiber-optic cable industries, water and air environmental regulation, taxation, sovereign immunity and many others. When necessary, we have successfully invalidated, through strategic litigation, harmful business statutes enacted during the session.
  • Though Texas public policy strongly supports the right of private parties to contract for arbitration of disputes, arbitration-related issues are frequently brought before Texas courts. Our business clients are often required to turn to the trial and appellate courts to enforce their arbitration rights. We handle disputes over pre-arbitration discovery, selection of arbitrators, and post-arbitration challenges.
  • Our electric industry clients must monitor the North American Electric Reliability Corporation’s (NERC) development and amendment of Reliability Standards and both NERC and the Texas Electric Reliability Council’s enforcement of those standards. We provide the most up-to-date information possible to guide regulatory compliance.
  • The Electric Reliability Council of Texas (ERCOT) governs much of the business of our clients. We support our clients' applications for and challenges of revisions to the ERCOT Protocols and Operating Guides. When needed, we prosecute (or, as appropriate, help defend) appeals through both the regulatory agency and the courts.
  • Complex financial transactions become commonplace during unstable economic times, our business clients require strong support to enforce their financial transactions. ENOCH KEVER lawyers understand the complexities of the transactions and specialize in simplifying the issues both for negotiation and presentation, if necessary, to the courts.
  • Our commercial litigation experience runs the gamut, from disputes over oil and gas operations, to real property acquisition, partition and use, to unique insurance coverage questions, and to resolving business to business claims.

The lawyers of ENOCH KEVER have honed their skills at all levels of the Business and Government intersection — as appointed and elected officials, department heads and lead attorneys before the courts, administrative agencies and the Legislature. We are trained and experienced in the art of advocacy. Words matter.

 

 TRUSTED ADVISORS

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Many law firms, rightfully, seek to be “trusted advisors”, but what does that really mean? ENOCH KEVER clients, TXU Energy and Luminant, through their in-house counsel built a working definition that is displayed on their walls. We asked their permission to pass it along because the work is excellent, it embodies our values and we wanted to offer it to those who seek to be…

A TRUSTED ADVISOR

  • Knows the Law – Has a thorough grasp of the relevant laws and regulations for the industry and keeps up with new developments. Proactively educates clients on relevant legal issues in a practical manner that leads to the business having a deeper understanding and appreciation of opportunities and risks.
  • Knows the Business – Continuously seeks information to gain a holistic view of the business’ strategies and how it operates. Increases knowledge by participation in key meetings and frequently talking with business partners in order to understand their objectives and in turn, provide meaningful guidance to help them meet their goals.
  • Excellent Communicator – Knows how to explain the law and its implications to the client without overcomplicating the subject. Doesn’t dramatize or overreact, but provides leadership through calm counsel and support. Is a good listener and opts for verbal versus written communication when appropriate.
  • Excellent Judgment – Is successful at focusing on relevant issues and on de-prioritizing non-important details. Helps keep the client focused on the appropriate issues. Asks the right questions and provides perspective, practical options and recommendations based on relevant facts, law and experience. Exercises objectivity and professional judgment while partnering with the client to find solutions.
  • Team Player – Conveys membership in the team through zealous involvement in business projects and participation in broader company initiatives. Is available, responsive and amenable to appropriate business time frames and expectations, and frequently communicates status of efforts. Wins client confidence by being enthusiastic, encouraging and respectful, without being cowed. Connects with clients by getting to know them as people.
  • Competitive Spirit – Shares client’s drive to win and moves with the appropriate urgency necessary to keep pace with the speed of the business. Identifies and shares competitive opportunities, and proactively protects the business from external competitive threats.

 

THE ENOCH KEVER COMMUNICATIONS INDUSTRY TEAM

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Unparalleled Representation

Enoch Kever’s Communications Industry Team is comprised of the leading advocates for competitive telecommunications, cable, and wireless businesses in Texas. Our lawyers have unparalleled experience representing telecommunications providers as well as leading cable and wireless companies. Our team has a wide spectrum of experience from serving as general counsel, in-house and outside counsel to working as agency staff counsel, administrative law judge, and special counsel and advisors to commissioners.  Such experience lays the foundation for the team’s expertise in the law and government process that affects your day-to-day operation and strategic considerations for any facet in the communications industry, including telecommunications, cable, or wireless business. The team has represented and advised privately- and publicly-held entities as well as local and regional governments before local, state, and national regulatory authorities, as well as before federal and state legislative bodies since 1983. 

Regulatory and Legislative Representation

 Enoch Kever lawyers have worked at the forefront of the rapidly developing telecommunications industry beginning with the first implementation of the groundbreaking changes to the industry begun by the ATT Divestiture litigation.  In that span of time, this team has led and participated in contested case proceedings, arbitrations, rulemakings, and legislative processes that ultimately defined and continue to define laws, rules, and policies that enable our clients to enter into and maintain their place in both emerging and mature markets and to provide services to retail and wholesale customers.  Our attorneys have represented companies across the country in federal and state regulatory and legislative proceedings while ensuring that the strategic focus of the client is preserved.  Our representation includes:

  • Administrative Litigation
  • Alternative Dispute Resolution
  • Rulemaking Proceedings
  • Regulatory Compliance
  • Public Policy Creation and Modification
  • Judicial Litigation (trial and appellate)
  • Advocacy and Negotiation with municipal, state, and federal authorities regarding, for example, Broadband Infrastructure (Wireline and Wireless), Broadband Delivery Services (BDS), Copper Retirement, Access to Municipal Rights-of-Way, Federal Funding for Infrastructure Deployment
  • Legislative Advocacy (state and federal)  

 

Business and Strategic Representation

Our team is much more than regulatory advocates. The Enoch Kever Communications Industry Team uses their vast and varied experiences to assist clients in developing and implementing strategies to achieve clients’ business objectives.  The team routinely counsels clients on all types of legal matters affecting their business, including risk assessment, merger and acquisition strategy and diligence, insurance, financial needs, customer and vendor contractual relationships and contracts, product creation within a regulated environment, and business planning to account for market trends and variations impacted by economic, regulatory and/or legislative actions. 

Examples of our team’s work for clients include:

  • Negotiation of Interconnection and Compensation Agreements
  • Leadership and Assistance to Public Entities to Obtain Federal Funding and to Build Private Networks
  • Creation of Consortiums of Public and Private Entities
  • Access to Municipal or State Rights-of-Way and Compensation
  • Pole Attachment Agreements
  • Rights-of-Way Agreements
  • Customer & Vendor Agreements
  • Building Access
  • Market Entry and Business Strategies
  • Merger & Acquisition Strategy and Diligence
  • Day-to-day Routine Business Questions

 

Our team is extremely mindful of the demands placed on businesses today in the rapid pace of constantly changing business, regulatory and legislative environments, coupled with daily evolving changes in technology in our industry.  Public and private entities today need attorneys that will work and grow with them as the demands, technology, and regulatory and financial climates change, grow, and evolve. Enoch Kever’s Communications Industry Team is at the forefront in assisting companies and public entities to meet these challenges in a timely, efficient, and professional manner.