Texas is one of the states taking a keen interest in whether domestic infrastructure industries obtain services or equipment from China, Russia, North Korea, or Iran. In particular, ERCOT Market Participants mark your calendars for upcoming attestation deadlines. On April 11, 2024 the Public Utility Commission of Texas approved several Nodal Protocol Revision Requests from ERCOT. One of those requests incorporates the updates from the 88th legislative session to the Lone Star Infrastructure Protection Act. These changes include a requirement to attest to whether the Market Participant has purchased certain equipment or services from companies that are headquartered in or owned, directly or indirectly, by a citizen of China, Russia, North Korea, Iran, or other country designated by the Governor. If a Market Participant has applicable equipment associated with one of these countries, the Market Participant will be required to provide detailed information regarding the equipment and transaction as well as the steps the Market Participant is taking to mitigate external access to the equipment. Attestations for purchases made after June 18, 2021 will be due October 28, 2024. An additional attestation for purchases made between June 8, 2018 and June 18, 2021 will be due December 15, 2024. Market Participants will have ongoing reporting obligations associated with purchases implicated by the new rule. This change will likely be a large compliance lift for many entities and we suggest making sure you understand both the statute and Protocols before beginning to review equipment and purchases.

Texas is one of the states taking a keen interest in whether domestic infrastructure industries obtain services or equipment from China, Russia, North Korea, or Iran. In particular, ERCOT Market Participants mark your calendars for upcoming attestation deadlines. On April 11, 2024 the Public Utility Commission of Texas approved several Nodal Protocol Revision Requests from ERCOT. One of those requests incorporates the updates from the 88th legislative session to the Lone Star Infrastructure Protection Act. These changes include a requirement to attest to whether the Market Participant has purchased certain equipment or services from companies that are headquartered in or owned, directly or indirectly, by a citizen of China, Russia, North Korea, Iran, or other country designated by the Governor. If a Market Participant has applicable equipment associated with one of these countries, the Market Participant will be required to provide detailed information regarding the equipment and transaction as well as the steps the Market Participant is taking to mitigate external access to the equipment. Attestations for purchases made after June 18, 2021 will be due October 28, 2024. An additional attestation for purchases made between June 8, 2018 and June 18, 2021 will be due December 15, 2024. Market Participants will have ongoing reporting obligations associated with purchases implicated by the new rule. This change will likely be a large compliance lift for many entities and we suggest making sure you understand both the statute and Protocols before beginning to review equipment and purchases.

Craig EnochRetiring over 20 years ago from the Texas Supreme Court, Justice Craig T. Enoch set out to establish a first-class appellate practice. Joining the list of outstanding Texas appellate practitioners, Justice Enoch has received the 2024 Gregory S. Coleman Outstanding Appellate Lawyer Award from the Texas Bar Foundation. The Gregory S. Coleman Outstanding Appellate Lawyer Award was established in 2011 in honor and memory of Gregory S. Coleman. The award celebrates the high ideals and standards that Coleman demonstrated in his appellate practice and personal life. The recipients exhibit an outstanding appellate practice while maintaining a strong commitment to providing legal services for the underserved. The award recognizes dedication to mentoring young attorneys as well as a strong moral compass to guide both professional and personal pursuits.

Justice Craig T. Enoch is a founding member of ENOCH KEVER PLLC. Justice Enoch retired from the Texas Supreme Court after completing 22 years of judicial service, having served as a district court judge, an intermediate appellate court chief justice, and as a justice of the Texas Supreme Court. After his judicial service, Justice Enoch established specialized Appellate and Government Enforcement and Regulated Industries Litigation Practice Groups for a major regional law firm headquartered in Dallas, Texas. Recognizing the importance of effective advocacy for businesses at their intersection with government, Justice Enoch co-founded ENOCH KEVER PLLC, the firm that advocates for business. Justice Enoch’s experience includes representing businesses before judicial, administrative, and legislative governmental bodies. His experience as a neutral arbitrator has involved decisions on matters ranging from disputes over utility construction and purchase contracts to employee benefit agreements and estate claims. Since returning to private practice, Justice Enoch has participated in hundreds of appeals and has developed noted expertise on the existence, nature, and extent of fiduciary obligations. Also, Justice Enoch is Board Certified in Civil Trial Law, maintains his membership in the College of the State Bar, is a long-time member of the Texas Supreme Court Historical Society, and an active bar educator, writing and speaking at numerous Texas State Bar educational programs throughout the years.

Justice Enoch will be publicly recognized at the Texas Bar Foundation Annual Dinner held on June 21, 2024 at the Hilton Anatole in Dallas.

Founded in 1965 by attorneys determined to assist the public and improve the profession, the Texas Bar Foundation has become the largest charitably funded bar foundation in the country. The Texas Bar Foundation relies on the contributions of its Fellows to improve the lives of Texans. To date, through the generosity of the Fellows, the Texas Bar Foundation has awarded more than $26 million in grants to numerous organizations across the state.

Election to the Fellows of the Texas Bar Foundation is one of the highest honors that can be bestowed upon a member of the State Bar of Texas, representing one-third of one percent of Texas attorneys. Selection is based on an outstanding record in the legal profession as well as proven commitment to support the community at large. For more information about the Texas Bar Foundation, please visit www.txbf.org.

We are pleased to announce the addition of Jessica Soos as Senior Counsel.  Jessica’s practice has focused on the dynamic evolution of the competitive and regulated electric markets in Texas and across the United States. She helps clients evaluate the impact and potential impact of legislative and regulatory constraints and opportunities on the electric markets. Her years of experience as a regulator with the Public Utility Commission of Texas (PUCT), and as one of the Assistant Attorneys General representing the PUCT in the Texas courts, arm her with important perspective and understanding as she advises her clients. In addition to her role as a counselor, Jessica also enjoys her role as an advocate for her clients in contested cases at the State Office of Administrative Hearings, before state courts, and before state agencies including the PUCT and ERCOT.

Each year since the founding of ENOCH KEVER in 2011, we have been included among the Best Law Firms in America. Again this year, members of our firm have been singled out with high praise for their professionalism and outstanding service. The list includes ENOCH KEVER partners, of counsel, and associates.

Founding member Andy Kever proudly noted that the Firm, for more than a decade, has continued to expand the number of our colleagues who are recognized for excellence in an ever-widening range of legal subjects.

As the legislative landscape in Texas continues to transform, many have taken to postulating the pros and cons.  Our own Zack Horton took to his laptop, and penned his thoughts for the October 2023 edition of the News for the Bar — a publication of The Litigation Section of the State Bar of Texas.  The article, in its entirety, can be viewed here.

Craig Enoch and Amy Prueger each had articles selected for The Advocate’s “Best Of” Litigation Update 2023, a publication of the State Bar of Texas Litigation Section.

Craig EnochCraig, along with Co-Author Thomas R. Phillips, penned the Texas Supreme Court Update – a paper surveying cases that were decided by the Supreme Court of Texas from September 1, 2021, through October 31, 2022. Petitions granted but not yet decided were also included.

Amy Leila Prueger, along with co-author Jadd F. Masso, authored Rohrmoos and the Killer Rabbit of Caerbannog: Attorney’s Fees Update – a comprehensive review of applicable statutes and caselaw concerning the recovery of attorneys’ fees following the Texas Supreme Court’s seminal decision in Rohrmoos Venture v. UTSW DVA Healthcare, LLP, 578 S.W.3d 469, 490 (Tex. 2019), which clarified the standards for the recovery of attorney’s fees in Texas courts.

For more information, or to read the articles in full, follow this link to The Advocate: Summer 2023, Vol. 103 The “Best of” Litigation Update 2023.

On September 7, Enoch Kever attorneys Amy Prueger  and Sara Berkeley Churchin  (along with Supreme Court of Texas Justice, Jeff Boyd) presented a CLE  to over 70 attorneys with the San Antonio Bar Association. The presentation, sponsored by the State Bar of Texas Litigation Section focused on the newly formed Texas Business Court and 15th Court of Appeals.

 

Enoch Kever is known as A Powerful Voice for Business at the Intersection of Business & Government. With the new business courts and rules coming online, Amy and Sara have taken the lead in becoming knowledgeable and offering counsel about this dramatic change in the Texas courts.  If your organization is interested in learning more about the Texas Business Court and the 15th Court of Appeals, please reach out to Amy or Sara.

 

Marla BroaddusEnoch Kever attorneys, Marla Broaddus and Zack Horton, successfully fended off a sovereign immunity plea to the jurisdiction in front of a trial court and before the Fourth Court of Appeals (San Antonio). The client is alleging damages resulting from governmental action and these victories will permit the client to continue to fight for recovery.  Click here for the official Fourth Court of Appeals opinion.

Enoch Kever Members, Elana Einhorn and Melissa Lorber, along with Amanda G. Taylor and Maitreya Tomlinson, have been published in the July/August 2023 Texas Bar Journal.

The article, HELP US HELP YOU – Top 10 appellate mistakes in the trial courts, “outlines 10 common mistakes in the trial court that cause problems on appeal,” specifically:

 

  • Pre-suit Pleadings
    • Not identifying the legal standards early on
    • Not anticipating Texas Citizens Participation Act and Texas Rules of Civil Procedure Rule 91a motions to dismiss early in the pleading process
  • Evidentiary Hearings/Trials
    • Not getting excluded evidence into the record for appellate review
    • Not preserving error on objections
    • Not preserving error on the jury charge
    • Not presenting sufficient evidence of appellate fees
  • Following Entry of Order/Judgment
    • Confusion regarding new trial motions and orders
    • Confusion regarding findings of fact and conclusions of law
    • Confusion regarding finality of judgments
    • Confusion regarding supersedeas

Enoch Kever is proud to announce that Shelby O’Brien has been elected to the Austin Bar Association Board of Directors. The Austin Bar Association is among the largest metropolitan legal professional organizations in Texas with membership of more than 3,500 local attorneys in 22 different legal specialties. Shelby’s two-year term will start July 1, 2023.  Congratulations Shelby!