Archives

Eminent Domain/Property Rights

Cantey Hanger LLP’s Eminent Domain / Property Rights practice group focuses in an area that has become much more active in the last few years.

We represent people whose properties are being condemned for various public purposes. We also represent governments and utilities possessing the power of eminent domain. Among our clients are many individual landowners with properties located in all parts of Texas as well as such entities as Oncor Electric Delivery Company LLC, the City of Fort Worth, and Trinity River Authority of Texas.

Our attorneys have many years experience in advising clients on all aspects of eminent domain law including highway condemnations, gas pipelines, electric transmission lines, water and sanitary sewer lines, and virtually every type of easement. We have tried many lawsuits before juries in most counties in North and West Texas.

Cantey Hanger LLP attorneys have extensive experience regarding boundary disputes, land titles, trespass, damage to real property, and just about any dispute involving “dirt.”

Trusts & Estates

Business owners, entrepreneurs and executives each need sound legal strategies to protect their assets and plan for their family’s future.

Every client is unique and their legal documents should reflect their individual needs. Yet each has the same ultimate goal – to develop the best possible plan for protecting their family today and in the future. At Cantey Hanger, we provide a custom product for each and every client, tailoring our services to fit our clients’ unique personal and business situations.

The attorneys within Cantey Hanger’s Estate Planning & Probate practice are seasoned professionals with proven legal skills, complemented by their business and financial backgrounds. Our attorneys have a wealth of experience and a diversity of backgrounds to draw upon, including roles within international accounting firms, federal tax courts, universities and Fortune 100 companies. As a team, we have the ability to structure and implement a variety of wealth formation and protection transactions and devices, as well as to effectively facilitate dispute resolution.

Cantey Hanger attorneys are experienced in a wide variety of estate planning and probate matters including:

  • Asset Protection and Wealth Preservation
  • Business Entity Formation
  • Business Succession Planning
  • Charitable Organizations
  • Employee Benefit Planning and Design
  • ERISA Reporting and Compliance
  • Federal Tax Controversies
  • Guardianships
  • International Trusts
  • Pre and Post Marital Planning
  • Probate and Probate Litigation
  • Taxation (Individuals and Businesses)
  • Trusts
  • Wills (Simple and Complex Estates)

Our attorneys counsel and appear in court on behalf of an array of clients, from high-wealth, multi-generational families to individual entrepreneurs. We are experienced in guiding clients throughout the entire wealth continuum, from the “shoestring” start-up and organization phase through significant wealth creating exit strategies. Cantey Hanger works with clients to proactively identify potential areas of risk or controversy, and to develop the most effective solutions for addressing their individual circumstances and reaching their goal.

Transportation

Cantey Hanger’s Transportation Law section represents a broad cross-section of transportation clients who face numerous legal challenges in the course of their daily operations. Because our attorneys have a tremendous range of experience and such diverse backgrounds, the firm is able to assist transport clients with essentially all of their legal matters, including personal injury claims, employment and labor disputes, corporate and business transactions and safety and regulatory matters. In addition to providing our clients high quality legal representation in a variety of areas, we assist our transportation clients in compliance with the many Federal and state rules and laws that regulate the industry. Cantey Hanger’s clients include public and private transportation companies and common carriers, such as:

  • Commercial Trucking Companies
  • National Auto Rental Companies
  • Commercial Bus Lines
  • Cargo and Passenger Train Operations
  • Commercial Air Carriers
  • Airport Facilities

Cantey Hanger attorneys have significant practice experience in:

  • Tractor Trailer & Truck Accidents
  • Premises Liability Claims
  • Nonsubscriber Claims
  • Employment Claims
  • Federal Motor Carrier Regulations Matters
  • Commercial Issues and Disputes
  • Contract Disputes
  • Drafting of Trucking and Transport Documents

Tax

Individuals, businesses and non-profit organizations each face unique taxation issues that require strategic planning and proactive resolution of controversies.

The Taxation practice of Cantey Hanger LLP constitutes one of largest and most experienced planning and dispute resolution groups in Texas. Our seasoned team of attorneys is highly experienced in all aspects of estate, gift and income taxation. We have proven legal skills, complemented by a diversity of business and financial backgrounds, including roles within international accounting firms, federal tax courts, universities and Fortune 100 companies.

We provide relevant, timely guidance to clients with regard to individual, business and estate tax planning. When controversies arise, we swiftly and effectively advocate our clients’ causes before state and federal taxing authorities. We often collaborate with our colleagues in the firm’s business law and corporate/securities practices to address business issues related to taxes, including capital formation, business transactions, compensation plans, and business organization and reorganization. We also work closely with Cantey Hanger’s Public & Regulatory practice to represent our clients’ interests before state and federal law makers, and to track and interpret tax legislation and rules. Recently, Cantey Hanger attorneys have developed an intricate understanding of the significance of the new Texas Margin Tax, and its potential impact upon countless business owners and professionals.

Specifically, Cantey Hanger has deep practice experience in:

  • Business Structuring / Re-structuring Tax Matters
  • Corporate Tax Matters
  • Estate and Gift Tax Planning
  • Federal Administrative and Judicial Controversies
  • Individual Income Tax
  • IRS Audits
  • Partnership Income Tax
  • Securing Tax Exempt Status of Charitable Entities
  • State Administrative and Judicial Controversies

Cantey Hanger attorneys counsel with an impressive array of both closely held and publicly held entities; for-profit and non-profit organizations; and high-wealth individuals and families. We represent a spectrum of clients, from start-ups to publicly held international companies, in many industries, including:

  • Construction
  • Manufacturing
  • Natural Resources/Energy
  • Technology
  • Insurance
  • Media
  • Professional Services
  • Transportation

School

Cantey Hanger has a history of representing School Districts through decades of complex school law issues. Today’s issues call for innovative counsel to deal with urban, suburban and rural schools.

Cantey Hanger attorneys bring decades of experience to assist in counseling their school law clients.

An ounce of prevention in the education industry is often worth more than spending tax dollars on a cure. Our work with school districts involves analysis and negotiation to resolve expensive future disputes. Cantey Hanger attorneys have served as former classroom teachers, outside general counsel and sat on and led governing boards, giving them an understand the proper focus for our education clients as they manage risks.

Whether a school district needs to negotiate administrator contracts, review Chapter 21 contract employees, negotiate for land purchases or oil and gas leases, investigate civil rights allegations or counsel on the next bond issuance, Cantey Hanger attorneys are seasoned by years of experience not only in the boardroom, but also in the courtroom to support the needs of our superintendent, administrator and school district clients.

Cantey Hanger attorneys are experienced in a wide array of school law issues, including:

  • Trustee/Superintendent Representation
  • Contract disputes
  • Grievances
  • Contract Terminations
  • Educator Evaluations
  • Educator/Administrator Certification Training
  • School Site Development
  • Employment
  • Bonds
  • Litigation

Public/Regulatory

It’s not just who you know. It’s what you know—and how you do your business.

When it comes to solving client problems in the legislative or regulatory arenas, the lawyers in the Public & Regulatory practice of Cantey Hanger LLP can pick up the phone and call the right people. But simply having contacts is not enough in today’s political environment. To be effective and successful in a legislative or regulatory matter, you have to know the law, the public policy implications of changing the law, and the process involved in reaching the client’s objective.

Cantey Hanger’s combination of legal, political and public affairs expertise is unusual among firms with more focused lobbying capabilities. We can provide a full spectrum of client services with respect to public policy in an integrated, cost-effective manner. This package of services includes the inhouse capability to coordinate legal, political, media relations and public affairs through a unique relationship with a public affairs partnership. Sometimes “damage control” is just as important as doing something proactive, and we can help with both.

Cantey Hanger’s Public & Regulatory practice represents clients before the Texas Legislature and administrative agencies, as well as local, county and federal government agencies. Our team possesses more than 140 years of collective experience at all levels of government—federal, state, and local—and has longstanding relationships on both sides of the political aisle. We can tackle client problems on multiple fronts at the same time at a reasonable cost, without the necessity of calling in outside resources.

Our team has substantial expertise in the following industries and issues:

  • Education
  • Environmental
  • Financial Institutions
  • Health Care
  • Insurance
  • Natural Resources/Energy
  • Public Finance
  • State & Local Taxation
  • Tort Liability
  • Workers Compensation

Cantey Hanger has the necessary resources to devote full time attention to meeting each client’s needs. Our strict adherence to conflict-of-interest standards assures that we can zealously represent our clients’ interests. What’s more, when needed, we can draw from a pool of colleagues within our firm that is deep with both experience and talent.

Our long history as a homegrown Texas law firm with strong ties to the Texas business, governmental, and legal communities has generated an immense fund of goodwill across the state. The firm is widely known and deeply respected for its commitment to a high quality, principled, and ethical practice.

OSHA Defense

Cantey Hanger’s OSHA (Occupational Safety and Health Administration) attorneys are well versed in all aspects of OSHA law. We offer assistance to employers with regard to all safety and health issues under the law including citations and compliance.

Litigation

The litigation practice of Cantey Hanger operates in seamless cooperation with each of the firm’s other practice areas to promote a comprehensive and thorough approach to resolving disputes. Our attorneys’ skills are honed to the courtroom, but we view ourselves as strategic partners for our clients, evaluating legal matters that could lead to or have developed into actual litigation and advising on the best course of action. We bring both a diversity of experience and a wealth of knowledge to this process.

Our litigators analyze, prepare and present cases for resolution before state and federal courts, administrative law judges and arbitrators. We explore with our clients the appropriate use of out-of-court solutions through negotiation and alternative dispute resolution. When litigation is the only solution, our attorneys are highly experienced and effective in courtrooms, guiding clients through the complex steps of a trial and an appeal.

Cantey Hanger has significant practice experience in:

  • Antitrust Law
  • Appellate
  • Bankruptcy Litigation
  • Business Crimes
  • Civil Rights
  • Class Action Suits
  • Consumer Litigation
  • Corporate & Partnership Disputes
  • Deceptive Trade Practices
  • ERISA
  • Employment Law
  • Franchise Law
  • Fraud
  • Legal Malpractice
  • Libel & Slander
  • Product Liability
  • Property Rights
  • Securities Fraud

Cantey Hanger attorneys counsel and appear in court on behalf of an impressive array of clients in the public and private sectors, both for-profit and non-profit organizations. We represent clients in many industries, including:

  • Automotive
  • Construction
  • Entertainment
  • Financial Institutions
  • Food & Beverage
  • Health Care
  • Hospitality
  • Insurance
  • Manufacturing
  • Natural Resources/Energy
  • Professional Services
  • Real Estate
  • Retail
  • Technology
  • Telecommunications
  • Transportation

Our knowledge from actual litigation and resolution of controversies provides a strong foundation for counseling our clients in the early identification and pro-active handling of potential disputes. Our attorneys practice early intervention and management of disputes, acting as soon as our clients become aware of them. In an effort to identify and remedy potential problems, we offer litigation audits and seminars on litigation prevention. Cantey Hanger collaborates with clients to build practices and procedures to better prepare our clients, and ultimately to prevent them from becoming objects of lawsuits.

Labor/Employment

Employers of all sizes and in all industries today face challenges in Texas and across the nation.

The attorneys within Cantey Hanger’s employment and labor law practice work hand-inhand with clients to address the complex legal relationship between an employer and its employees.

Our attorneys draw from a remarkable depth of experience to proactively help clients avoid problems in the employment arena, and to effectively arbitrate, settle or litigate issues that do arise. In fact, some of Cantey Hanger’s attorneys have spent their entire careers focusing almost exclusively on employment and labor law. We work diligently with employers to build safe environments and thorough procedures that benefit both the organization and their employees.

Cantey Hanger attorneys represent and counsel with management on a wide variety of essential employment and labor law matters such as:

  • Discrimination based on prohibited factors such as gender, race, age, and disability
  • Wage and hour requirements (Fair Labor Standards Act)
  • Covenants not to compete
  • Worker’s compensation and related matters, such as retaliation
  • Family and Medical Leave Act
  • Large layoffs and plant closings (WARN Act)
  • COBRA
  • Drug testing
  • Safe working conditions (OSHA)
  • Union organizing and threatened or actual strikes (National Labor Relations Act)
  • Unfair labor practice charges
  • Labor arbitration
  • Employee handbooks and work rules
  • ERISA (Employee Retirement Income Security Act)
  • Unemployment compensation of former employees

Cantey Hanger attorneys counsel with and appear in court on behalf of an impressive array of clients in the public and private sectors, both for-profit and nonprofit organizations. We are experienced in representing clients within the following industries:

  • Charitable organizations
  • Financial institutions
  • Food and beverage
  • Governmental entities
  • Health care

Health Law

Cantey Hanger handles a full spectrum of health related legal matters, including civil litigation, administrative litigation, transactional health care, and statutory and regulatory compliance.

The firm has a long history of representation of physicians, hospitals, nurses, nursing homes, and other health care providers in medical negligence lawsuits. The firm also handles mass tort, drug liability, and medical device liability litigation. Our health care liability team incorporates knowledge of statutory and common law authorities with medical and nursing concepts to provide a comprehensive defense to our health care clients in civil claims and lawsuits.

Cantey Hanger represents physicians in contested proceedings and license revocation hearings before the Texas Medical Board, as well as nurses before the Texas Board of Nursing and other providers before their respective boards in Austin. Firm attorneys have comprehensive knowledge and experience in the practice of administrative litigation before multiple health care regulatory boards in Austin, including litigation before the State Office of Administrative Hearings.

Cantey Hanger’s transactional attorneys frequently represent health care clients in connection with a variety of business transactions. Matters regularly handled by these attorneys include entity formation and capitalization, private placements, recapitalizations, financings and re-financings, acquisitions, dispositions, and other liquidity transactions. The firm also prepares and negotiates contracts for physicians and other providers and their employers.

Cantey Hanger advises hospitals and other health care entities regarding credentialing and peer review matters. In addition, Cantey Hanger regularly consults with health care clients in connection with various laws and rules, including HIPAA, the STARK law, the False Claims Act, and both the federal and state Anti-Kickback rules. The firm has decades of experience in providing hospitals, physicians, and physician groups clear and straightforward answers to the complex issues that arise in today’s regulatory climate.

Environmental Law

Cantey Hanger’s combination of legal and political expertise is unusual among law firms. We help our clients with their environmental issues, not only in the courtroom, but also within the state and federal agencies, and at the Texas Capitol. We have credibility and strong contacts within EPA, TCEQ, and the Texas legislature.

Our environmental attorneys have extensive experience in defending clients against civil and criminal enforcement actions brought by EPA, OSHA, and TCEQ, and in environmental lawsuits. We have negotiated and structured scores of complex commercial transactions, conducted internal investigations, and pursued environmental insurance coverage. Our team includes attorneys with expertise in:

  • Agency Enforcement Proceedings
  • Asbestos and Toxic Tort Defense
  • Attorney-Client Privileged EH&S Audits
  • Brownfield Redevelopment:
    • Voluntary Cleanup Program
    • Innocent Owner/Operator Purchaser
    • Municipal Setting Designations
  • CERCLA and RCRA actions
  • Endangered Species Act
  • Greenhouse Gas Issues
  • Litigation between private parties
  • Oil and Gas Due Diligence and Compliance Issues
  • OSHA Citations
  • Permitting
  • Storm Water
  • Toxic Tort Defense
  • Wastewater Discharge Issues
  • Water Rights (surface and groundwater)

Cantey Hanger’s environmental attorneys have counseled clients in the following industries, among others:

  • Aerospace
  • Construction
  • Energy
  • Engineers & Consultants
  • Food & Beverage
  • Manufacturing
  • Real Estate
  • Transportation

Creditors’ Rights

The broad base of experience in our practice group enables us to handle almost any matter that can arise in the arenas of creditors’ rights, bankruptcy, financial workouts and restructuring, judicial and statutory foreclosures, receiverships, and rights and remedies of creditors under Article 9 of the Uniform Commercial Code. The attorneys in our practice group have extensive experience and are a recognized voice in the legal community. This enables us to promptly assess client needs within the framework of a variety of disciplines, including banking, corporate, environmental, finance, real estate, employment, tax, and litigation. We have handled countless matters in state, federal and administrative courts, trial and appellate, throughout the country. Our goal is to develop an effective and efficient approach to meet our client needs.

We Have A Broad-Base Of Business And Legal Experience
Our attorneys have a broad range of experience representing creditors, debtors, financial institutions, creditors’ committees, trusts and trustees, buyers and sellers of assets, investors, and others in chapter 7 (liquidation), 11 (reorganization) and 13 (wage earner) bankruptcy cases throughout the United States. We understand the legal and business issues that confront our clients on a daily basis.

The experience of the attorneys in our group includes representing the interests of secured and unsecured creditors, lessors and lessees, agents for lending groups, prebankruptcy planning, reorganizations, liquidations, and other bankruptcy ternatives; insolvency planning and loan workouts, including advice regarding potential preferential and fraudulent transfers and lender liability; mortgage company insolvencies; commercial mortgage foreclosures; receiverships over real estate and business entities; enforcement of notes and guarantees and realization of collateral; and litigation in bankruptcy and nonbankruptcy forums.

Our attorneys are experienced in cases involving fraudulent transfers, including analyzing and litigating issues related to leveraged buyouts and subordination of claims, and with environmental issues, where it is necessary to balance the conflicting interests of governmental and private entities in order to produce consensual results. We are frequently called upon to counsel both borrowers and lenders in restructuring complex credit relationships, from inception to resolution.

Corporate/Securities

Attorneys in the Corporate/Securities practice assist clients with forming, financing, buying and selling business entities. We handle mergers and acquisitions and public and private offerings of debt and equity securities for companies of all sizes, from start-ups to public companies traded on the New York Stock Exchange, NASDAQ or the over-the-counter market. Our clients include operating companies, financial institutions and other lenders, venture capital and other investment funds, individual investors, entrepreneurs, franchisors and franchisees, board of directors and board committees, shareholders, business executives, joint ventures and syndicates.

We provide legal services in virtually all areas involving corporate and securities matters, including:

  • Mergers and Acquisitions
  • Public Securities Offerings
  • Private Placements
  • Venture Capital
  • Investment Funds
  • SEC Reporting and Compliance
  • Stock Options and Other Equity Compensation
  • Executive Employment Agreements
  • Business Formation
  • Joint Ventures
  • Franchising
  • Tax-Exempt Bonds
  • Corporate Governance
  • Fiduciary Duties of Directors and Officers
  • Tender Offers and Anti-Takeover Defenses
  • Shareholder Agreements and Disputes

Our industry experience includes, among other industries, health care, computer software, Internet and technology companies, manufacturing, bottling, food processing, retailing, venture capital, media, logistics, oil and gas, and energy services.

Construction

Architects, engineers, contractors, owners and government entities need tested experience when legal issues arise in relation to complex construction projects.

For decades, Cantey Hanger attorneys have made it their business to know the construction industry.

An ounce of prevention in the construction industry is often worth metric tons of cure. Preliminary contract analysis and negotiation, from any side of a construction project, can govern expensive future disputes. Cantey Hanger attorneys focus in on critical contract language for their clients and help them manage risks in advance.

When disputes do arise, the members of Cantey Hanger’s Construction Litigation Practice Group are seasoned by years of experience, not only in the courtroom, but also in the field and work aggressively with clients to resolve the disputes.

If the dispute rises to litigation, arbitration or even hearings before government panels, Cantey Hanger attorneys work closely with clients in pursuit of success.

Firm clients include contractors, engineers, architects, consultants, surveyors, program managers, owners, developers and governments.

The litigation practice group has experience in major construction projects down to home remodeling disputes.

Cantey Hanger attorneys are experienced in a wide array of disputes, including:

  • Civil engineering
  • Contract disputes
  • Alleged professional negligence
  • Drainage
  • Structural engineering
  • Architecture and design
  • Construction site injuries and safety
  • Employment, agency
  • Surveying
  • Public development
  • Commercial development
  • Residential development
  • Residential construction
  • Liens

Cantey Hanger attorneys work to stay abreast of legal developments in the construction arena and are frequent authors and speakers on construction and design related topics.

Attorneys that practice in our Construction Law Section:

Appellate

When Judges and juries make erroneous decisions, our clients can turn to seasoned, experienced appellate lawyers whose job it is to make sure the law is correctly applied in resolution of their disputes. When a trial results in a vindication of our client’s position, those same lawyers work to preserve that result.

But the job doesn’t start there. Our appellate practitioners also work closely with our litigation attorneys before and during trials to assure that issues that will have implications before appellate courts are developed and presented to trial courts so that they may be reviewed if necessary. We are also engaged to work with other firms who have had results in trial courts that need to be preserved or corrected.

Appellate lawyers are generalists. Our Appellate Group consists of lawyers who have spent years representing clients before Courts of Appeal in all of Texas’ Appellate districts, Texas Supreme Court, and in Federal Appellate Courts across the United States. They have worked on state and federal legal issues of all kinds.

Regardless of the Court or the need, Cantey Hanger’s accomplished appellate attorneys can bring years of experience to any appeal.

Aviation

With over three decades of extensive involvement in the aviation field, Cantey Hanger’s Aviation practice group provides comprehensive litigation, business and regulatory representation to our aviation clients.  Aviation poses industry participants with some of the greatest legal challenges—highly complex regulations, fierce competition, and significant litigation exposure.  To operate successfully in this arena, clients need attorneys with industry-specific knowledge of aviation law and industry standards.

Cantey Hanger’s Aviation practice group has experience representing products manufacturers, training organizations, maintenance and overhaul facilities, air carriers and general aviation clients in company critical litigation, including wrongful death, personal injury, products liability, warranty and product recalls as well as aircraft property damage and airport facilities claims. Several of these cases involve federal multidistrict litigation, Government/Military contracts, statutory and contractual indemnity issues, pre-emption issues, insurance coverage issues and the General Aviation Revitalization Act (GARA).

Aviation-related legal claims can be especially complex, often involving catastrophic losses, technical investigations, numerous governmental authorities, and significant liabilities. Cantey Hanger’s Aviation practice group has tried many aviation cases to verdict. Our clients have the benefit that our attorneys’ strategic advice is based on an accurate understanding of how facts and arguments are likely to be perceived at trial regardless of how they may look at mediation or pre-trial.

Cantey Hanger’s Aviation practice group also has experience in matters affecting aircraft-related business activities and transactions including having represented parties in aircraft and engine purchases, sales, financings, and operating leases.

Cantey Hanger’s clients include:

  • Airframe, engine and component part manufacturers
  • Flight schools and aviation training providers
  • Aviation maintenance and overhaul facilities
  • Corporate flight departments, air taxi and air charter operators
  • Major and regional airlines
  • Private aircraft owners and pilots

Energy

Located in the heart of the Barnett Shale geological formation, one of the largest onshore natural gas fields in the United States, Cantey Hanger has extensive experience in oil and gas matters. The firm has represented clients in the energy industry since the development of the West Texas Yates Field in the 1930s. Today, the firm actively counsels clients regarding the laws surrounding oil and gas production, finance, transportation and sales.

The attorneys of Cantey Hanger’s Energy Law Practice Area work with clients on key issues including domestic and international transactions; litigation and dispute resolution; and federal, state and local public and regulatory law. The firm has experience in negotiating, reviewing and documenting:

  • Exploration, Production and Operating Agreements
  • Financing of Energy Development Projects
  • Gas Balancing Agreements
  • Gas Purchasing and Processing Contracts
  • Leases and Concessions
  • Mergers, Acquisitions and Divestitures
  • Pipelines, Easements and Right-of-way Agreements
  • Secured and Unsecured Lending Arrangements
  • Seismic, Drilling & Service Contracts

Cantey Hanger attorneys have arbitrated and tried cases involving almost every type of domestic and in­ternational dispute arising from the energy industry. We have appeared before domestic tribunals and un­der the rules of such organizations as the American Arbitration Association and the International Cham­ber of Commerce. We have represented clients on dis­putes involving:

  • Insurance and Reinsurance Disputes & Coverages
  • Joint Operating Agreements
  • Securities Litigation
  • Seismic and Real Property Environmental Impairment Claims
  • Royalty Disputes
  • Mineral Title Issues
  • Oilfield Accidents (personal injury and property damage)
  • Pooling Issues
  • Surface Use Issues
  • Indemnity Claims
  • Drilling Contacts

Our attorneys also represent clients in regulatory filings, ad­ministrative processes and hear­ings in state and federal regulato­ry agencies, as well as in appeals from regulatory decisions and orders. This practice  involves various levels of regulation from oil and gas production to clean air and water, utility licensing to toxic spills and cleanup. Our practice takes us before the:

  • Environmental Protection Agency
  • Federal Energy Regulatory Commission
  • Texas Commission on Environmental Quality
  • Texas General Land Office
  • Texas Railroad Commission