October 2008
The Firm is pleased to serve as a platinum corporate sponsor of the Houston Hispanic Chamber of Commerce (HHCC). George Diaz-Arrastia and Joe Matta recently attended the HHCC's 25th Annual ¡Triunfando! Awards Gala held at the Hobby Center for the Performing Arts. The Firm is proud to have sponsored HHCC's Awards Gala, which honors Hispanic business owners and corporate executives for their leadership and service to the community. The HHCC has been at the forefront of Houston's economic development and growth and is the leading regional advocate for the economic and civic interests of the Hispanic business community. www.houstonhispanicchamber.com
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August 2008
The Firm sponsored the Mexican-American Bar Association of Texas Foundation Luncheon. This luncheon benefits the Hispanic scholarships program, which supports Houston law school students in legal education. The Mexican-American Bar Association of Texas Foundation is a forum and a means for lawyers to promote the social, economic, and educational advancement of all people of Texas
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July 2008
Partner Mike Brem argued The Dow Chemical Company v. Georges Ayemou, et al. in the Ninth Circuit. Listen to the argument here.
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June 2008
Andrew Schirrmeister spoke at the Harris Martin Benzene Litigation Conference held on June 2 and 3, 2008 in New Orleans, Louisiana. Andrew's presentation was entitled Exposure Assessment Methodologies: The Focus on Dose. A copy of Andrew's presentation is attached.
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June 2008
The Firm is a Gold Sponsor of the 10th anniversary DuPont Minority Counsel Conference, which took place in Wilmington, Delaware on June 25-27, 2008. The MCC is an annual event that brings together lawyers and other professionals of color to DuPont to network, hear from distinguished speakers, and participate in professional workshops.
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June 2008
Will Russell was named by Texas Monthly magazine as a "Rising Star" in the Texas legal community in 2008. In 2008, only nine lawyers in Texas were selected for the international category. [See attached].
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June 2008
Will Russell was once again named by H Texas Magazine as one of "Houston's Top Lawyers" for 2008. [See attached].
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June 2008
Will Russell presented a speech in Mexico City on international arbitration titled Ejercicio de la Abogaciá en el Arbitraje — Argumentación Escrita y Oral in a conference presented by Mexico City’s Chamber of Commerce (CANACO) and the International Center for Dispute Resolution (ICDR) of the American Arbitration Association, June 26, 2008.
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June 2008
Following a series of motions to dismiss and a trip to the Fifth Circuit Court of Appeals, Andrew Schirrmeister and Laura Jones obtained a complete dismissal on the pleadings of an alleged no-injury products liability and fraud putative class action against DuPont in Ryan v. Brookdale Int’l Systems, Inc., Cause No. H-06-01819 in the United States District Court for the Southern District of Texas. The lawsuit, alleging breaches of express and implied warranty and fraud against DuPont and co-defendant Brookdale International Systems, Inc., was originally dismissed by district court Judge Gray H. Miller for lack of standing, without reaching the merits of the claims. The Fifth Circuit affirmed the dismissal of the warranty claims for failure to demonstrate injury in fact, but remanded the fraud claims for further consideration. On remand, one of the fraud claims was dismissed without prejudice under Fed. R. Civ. P. 12(b)(1) for lack of standing. After allowing the plaintiff a chance to replead, Judge Miller dismissed the plaintiff’s remaining fraud claims with under Fed. R. Civ. P. 9(b), and entered a final judgment in favor of DuPont on all of the plaintiff’s claims on June 11, 2008.
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June 2008
Andrew Schirrmeister was elected President of the World Affairs Council of Houston for 2008-2009. The World Affairs Council brings world-class leaders and thinkers to Houston for the exchange of ideas in formats as diverse as luncheons, private dinners and corporate briefings, and is one of Houston’s most prestigious citizen forums. The Council presents all sides of current global issues, promotes better understanding of international relations and contributes to national and international policy debates.
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June 2008
The firm welcomes Christi J. Guerrini. Christi graduated from the University of Virginia (summa cum laude) in 1998 and received her J.D. from Harvard Law School in 2001, where she was the Notes Editor for the Harvard Journal of Law & Public Policy and co-editor of the Journal of Law, Medicine & Ethics, Legal Developments Section. Christi was also an instructor of Law at Brooklyn Law School, where she taught Patent Law, Legal Research, Writing and Oral Advocacy.
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June 2008
The firm welcomes Janet Guggemos Garza. Janet graduated from the University of California at Los Angeles (summa cum laude) in 1997 and received her J.D. from Yale Law School in 2001. Following graduation Janet clerked for the Honorable Judge Lee H. Rosenthal of the United States District Court for the Southern District of Texas, Houston Division.
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May 2008
The Firm is pleased to serve as a supporter of The Texas Supreme Court Historical Society's Annual John Hemphill Dinner held on May 30, 2008. This year's dinner speaker was Mark E. Steiner, Professor of Law at South Texas College of Law and author of the award-winning book An Honest Calling: The Law Practice of Abraham Lincoln. The Historical Society is a private non-profit organization dedicated to the collection and preservation of the history of the Supreme Court of Texas. The Society conducts educational programs, supports historical research, publishes books, journals, and electronic materials, and collects antiques and artifacts related to the court's history. http://www.supremecourthistory.org/news.html
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May 2008
Andrew Schirrmeister has been appointed lead counsel and liaison counsel in the Texas Multi-District Litigation proceeding styled In re: Ford Motor Company Speed Control Deactivation Switch Litigation.
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April 2008
Will Russell spoke at the seminar "Remedies in Commercial, Investment and Energy Arbitrations" hosted by the Permanent Court of Arbitration, the Houston International Arbitration Club, and the University of Texas on April 17–18, 2008. His presentation was titled "Alternative Fee Structures in International Arbitration." The speech focused on the numerous ethical and practical issues arising out of alternative fee structures, such as contingency fees, in international arbitration.
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April 2008
Carolyn Roch Henneman and William W. Russell were named by Texas Monthly magazine as "Rising Stars" in the Texas legal community in 2008. Texas Monthly uses a statewide system of balloting, peer evaluation, and internal research to select less than 2.5 percent of all Texas lawyers as Rising Stars. [See attached]
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April 2008
The Firm is pleased to support the Anti-Defamation League (ADL) Southwest Region and to have served as a patron sponsor of its 2008 Karen H. Susman Jurisprudence Award luncheon, attended by George Diaz-Arrastia, John Klug and Joe Matta. The ADL is one of the nation's premier human relations and civil rights organization leading the fight against anti-Semitism, racism, prejudice, and bigotry. The Karen H. Susman Jurisprudence Award recognizes exemplary contributions to the legal profession and continued dedication to the mission of the ADL. The Firm congratulates Robin Gibbs as this year's Award recipient. www.adl.org/southwest
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March 2008
The Firm is pleased to serve as a silver corporate sponsor of the Houston Hispanic Chamber of Commerce (HHCC). Will Russell, Bob Flora, and Joe Matta recently attended the HHCC's 15th Annual Meeting & Corporate Partners Luncheon. The HHCC is an aggregator of information, resources and a promoter of interests related to the Hispanic business community and is a catalyst for businesses and professionals to create and develop resources needed to build profitable and dynamic businesses. www.houstonhispanicchamber.com
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February 2008
George Diaz-Arrastia was featured in the February 2008 issue of The Metropolitan Corporate Counsel, where he was interviewed regarding the extensive international litigation and counseling practice that our firm has developed. Please see the attached message from Andrew Schirrmeister and the article from The Metropolitan Corporate Counsel. [See attachments].
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February 2008
Andrew Schirrmeister and Bob Flora spoke at the National Association of Railroad Trial Counsel Special Litigation Conference XVIII held on February 7, 2008. Their presentation is attached.
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January 2008
Andrew Schirrmeister has joined the Board of Trustees of the Houston Grand Opera.
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January 2008
Will Russell spoke at the Houston International Arbitration Club on January 15, 2008. Will’s presentation was entitled “Alternative Fee Structures in International Arbitration." The presentation focused on the legal, ethical, and practical implications of various attorney fee structures in trans-national litigation and international arbitration."
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January 2008
The Firm served as a Sponsor of the Hispanic National Bar Association Iberoamerican Congress on International Law, Business and Corporate Social Responsibility in Mexico City on January 27-30, 2008. George Diaz-Arrastia, Joe Matta and Will Russell attended this event. The Hispanic National Bar Association is a non-profit, nation-wide association representing Hispanic persons in the legal profession – attorneys, judges, law educators and law students – in the United States, Puerto Rico, US Virgin Islands, District of Columbia, Guam and American Samoa.
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October 2007
George Diaz-Arrastia participated in a panel discussion on handling legal
disputes involving Latin America as part of the national convention of the
Hispanic National Bar Association held in San Juan, Puerto Rico. George
spoke on “Representing Latin American Clients in U.S. Courts and
Coordinating the defense of U.S. Clients in Latin America.” Follow this link
for a copy of George’s presentation. Other members of the panel were Eduardo
L. Busó, Senior Vice President and Chief Compliance Officer, GE Commercial
Finance, Danbury, CN, Enrique Hernández Villegas, partner at Baker &
McKenzie, Mexico City, Eric A. Tulla, partner at Rivera, Tulla & Ferrer, San
Juan, PR, Prof. Luis Muñiz Argüelles, University of Puerto Rico School of
Law, and Roberto Rendón, partner, Rendón, Guerrero y Muñoz Cuevas, Mexico
City. [presentation
attached].
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October 2007
The Firm is a Gold Sponsor for the World Affairs Council of Houston Event
“Revolution of Hope: The Life, Faith and Dreams of a Mexican President,”
with featured speaker Vincente Fox, former president of Mexico.
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September 2007
The firm has been active in its support of the Harris County judiciary. The
firm has acted as underwriter for the campaigns of Judge Caroline Baker of
the 151st District Court, Judge Grant Dorfman of the 129th District Court
and Judge Martha Hill Jamison of the 164th District Court.
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September 2007
Andrew Schirrmeister spoke and presented a paper entitled “No Good Deed Goes
Unpunished: Plaintiffs’ Efforts to Turn Product Stewardship Against
Defendants” at an industry-sponsored toxic tort practice group meeting. A
redacted version of Mr. Schirrmeister’s speech is
attached.
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September 2007
The Firm supported the World Affairs Council of Houston event entitled,
“Global Business Coalition: Fighting Disease in Africa,” with featured
speaker Richard Holbrooke, Former U.S. Ambassador to the United Nations and
member of the Global Business Coalition on HIV/AIDS, TB and Malaria.
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August 2007
George Diaz-Arrastia and William Russell recently presented a speech in
Mexico City to the Mexican Bar Association on international arbitration in
Spanish titled: Aspectos Importantes de la ley de EE.UU. Sobre Arbitraje
Internacional, presentación a La Barra Mexicana, Colegio de Abogados,
México, D.F., 1 de Agosto de 2007.
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August 2007
Baker Hughes Incorporated, Chevron and the Firm sponsored the World Affairs
Council of Houston’s Event “Inside Nigeria,” with featured speaker Former
Nigerian Minister of Finance, Nigozi Okonjo-Iweala. This Event was part of
the Africa’s New Dawn 2007 Fall Speaker Series.
Dr. Ngozi Okonjo-Iweala, a distinguished fellow at the Brookings
Institution, played a key role in Nigeria’s recent economic reforms during
her tenure as Minister of Finance and Minister of Foreign Affairs. She is
credited with giving birth to a new era of transparency in the Ministry of
Finance. Her efforts to fight corruption and to create job growth in Nigeria
earned her international acclaim including TIME Magazine’s “Hero of the
Year” in 2004.
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July 2007
Will Russell was named by
Chambers USA— America’s Leading Lawyers for Business in 2007 as one of
the 52 “Leading Individuals” in the United States in international
arbitration. From 2004 through 2006 Mr. Russell was named as one of eleven “Up-and-Coming”
individuals in the world in international arbitration, only approximately
three of which were from the U.S.
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June 2007
The firm has been active in its support of the Harris County judiciary. The firm has acted as underwriter for the campaigns of Judge Caroline Baker of the 151st District Court, Judge Grant Dorfman of the 129th District Court and Judge Martha Hill Jamison of the 164th District Court.
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June 2007
Michael L. Brem, Carolyn D. Roch, Laura F. Jones, and William W. Russell
were named by Texas Monthly magazine as "Rising Stars" or "Super
Lawyers" in the Texas legal community in 2007. Texas Monthly uses a
statewide system of balloting, peer evaluation, and internal research to
select less than 2.5% of all Texas lawyers as Rising Stars. In 2007, only
seven lawyers in Texas were selected for the international category.
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June 2007
According to Andrew Schirrmeister, plaintiffs’ lawyers specializing in toxic
tort litigation are scrambling. On June 8, 2007, in Borg-Warner Corp. v.
Flores, the Texas Supreme Court issued a significant opinion, which
establishes a new “dose” requirement in asbestos litigation...more
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June 2007
Andrew Schirrmeister was elected Vice President of the World Affairs Council of Houston for 2007-2008. The World Affairs Council is brings world-class leaders and thinkers to Houston for the exchange of ideas in formats as diverse as luncheons, private dinners and corporate briefings, and is one of Houston’s most prestigious citizen forums. The Council presents all sides of current global issues, promotes better understanding of international relations and contributes to national and international policy debates.
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April 2007
The Firm is pleased to serve as a supporter of The Texas Supreme Court
Historical Society. The Society is a private non-profit organization
dedicated to the collection and preservation of the history of the Supreme
Court of Texas. The Society conducts educational programs, supports
historical research, publishes books, journals, and electronic materials,
and collects antiques and artifacts related to the court’s history. These
activities increase the public’s awareness of the Court’s contributions to
our nation’s rich constitutional heritage.
http://www.supremecourthistory.org/06_research/06.html
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April 2007. Martin Hubbell
William W. Russell was awarded an "AV" peer-review rating by Martindale
Hubble for meeting the highest standards for professional capability and
ethics. Martindale Hubbell explains "An AV rating is a significant
accomplishment— a testament to the fact that a lawyer’s peers rank him or
her at the highest level of professional excellence." For more information,
see
http://www.martindale.com/ratings_explanation
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March 2007
The Firm is pleased to serve as a supporter of the Houston Hispanic Chamber
of Commerce. The Houston Hispanic Chamber of Commerce is an aggregator of
information, resources and a promoter of interests related to the Hispanic
Community both locally and nationwide. It is a catalyst for businesses and
professionals to create and develop resources needed to build profitable and
dynamic businesses.
www.houstonhispanicchamber.com
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January 2007
The Firm is pleased to serve as a gold
circle patron for the Minority Corporate Counsel Association. The MCCA was
founded in 1997 and advocates for the expanded hiring, retention, and
promotion of minority attorneys in corporate law department sand the law
firms that serve them. MCCA accomplishes its mission through the collection
and dissemination of information bout diversity in the legal profession.
http://www.mcca.com/
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November 2006
George R. Diaz-Arrastia has published an article in the November 2006 issue
of the Mexican legal journal "El
Mundo del Abogado." Titled "La Ley de Quiebra de los EE UU a plica a
personas y propiedades extranjeras" the article deals with the
extraterritorial application of U.S. bankruptcy law.
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October 2006
George R. Diaz-Arrastia spoke to the International Law Section of the Houston Bar Association on the subject of "Using U.S. Discovery Techniques in Foreign Litigation and Arbitration."
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June 2006
George R. Diaz-Arrastia spoke at the South Texas College of Law annual Real Estate Law Conference held on June 8-9, 2006 on the subject of "Evictions: Residential and Commercial".
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May 2006
The firm welcomes Tonya Smits Rodriguez as our newest associate. Tonya graduated from the University of Iowa in 1997 and received her J. D. from the University of Iowa School of Law where she was member of the Order of the Coif and the Journal of Corporation Law. Following graduation Tonya clerked for the Honorable Judge Ewing Werelein, Jr. of the United States District Court for the Southern District of Texas, Houston Division.
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May 2006
The firm welcomes Tyler McIntyre as a summer associate. Tyler is currently attending William & Mary School of Law in Williamsburg, Virginia under the Army’s JAG program. Tyler is a graduate of the United States Military Academy at West Point and has served in Iraq and Kuwait.
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May 2006
Michael L. Brem has been elected to the Governing Council of the International Law Section of the Houston Bar Association.
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March 2006
Mike Brem and John Klug obtained a summary judgment in the United States District Court for the Southern District of Texas in a qui tam action under the False Claims Act brought against a major aerospace contractor in which enhanced damages in excess of $100 million were sought.
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February 2006
Andrew Schirrmeister was a featured speaker at the HarrisMartin Benzene 101 Litigation in San Antonio, Texas. Andrew’s panel discussed exposure assessment in the context of Benzene litigation. His presentation included information on the toxicology of benzene, recent Texas law on exposure causation, and an overview of five methods of calculating exposure assessments: empirical assessments, industrial hygiene monitoring, literature review, governmental investigations, and exposure modeling, particularly the Well Mixed Room model...more
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February 2006
Andrew Schirrmeister and Ruth Shapiro appeared before the Texas Supreme Court in Response to Plaintiff’s Petition for Review of an opinion from the First Houston Court of Appeals – Pirtle v. Khan, 177 S.W.3d 567 (Tex. App. Houston [1st Dist.], pet. filed.). The appeal to the Texas Supreme Court involves the accrual date of Ms. Pirtle’s personal injury claims arising from her alleged exposure to mold. The specific appellate issue involves when she first associated her ailments: upon learning of a leak in her apartment or after she received definitive diagnoses of toxic encephalopathy following laboratory results identifying mold in samples taken two years earlier.
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January 2006
George R. Diaz-Arrastia has published an article in the January 2006 issue of the Mexican legal journal "El Mundo del Abogado." Titled "Importando técnicas de obtención de pruebas," the article deals with how 28 U.S.C. § 1782 may be used to obtain discovery in the U.S. for use in foreign or international litigation or arbitration.""
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January 2006
After two trips to the Houston Courts of Appeals and the Texas Supreme Court, the firm’s client – Hooks Industrial, Inc.– prevailed in its breach of contract case against Fairmont Supply Company.
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October 2005
The firm sponsored the Association of Women Attorneys’ annual judicial reception which this year honored women judges throughout the five counties in the Houston area. The Association of Women Attorneys was organized in Houston, Texas, in 1976 to improve the opportunities for, and to promote recognition of the capabilities of women attorneys.
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September 2005
Andrew Schirrmeister was a featured speaker at the HarrisMartin Benzene Litigation Conference in Marina Del Ray, California entitled “Effective Handling of Benzene Cases: The Pros Speak”. Andrew’s panel was entitled Pure and “Trace” Benzene Cases: The Fundamentals. Andrew discussed the settings in which such cases arise, the potential defendants and potential plaintiffs, joint defense issues, and the manner in which the cases are resolved or play out in court. This written presentation addressed the quantification of trace benzene exposure through inhalation, ingestion and dermal uptake models...more
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September 2005
The firm has been active in its support of the Harris County judiciary. The firm has acted as underwriter for the campaigns of Judge Jeff Brown of the 55th District Court, Judge Jennifer Elrod of the 190th District Court, Judge Randy Wilson of the 157th District Court, Judge Brent Gamble of the 270th District Court, Judge David Bernal of the 281st District Court, Judge Bill Burke of the 189th District Court and Judge John Wooldridge of the 269th District Court. Judge Burke was a former partner of Andrew Schirrmeister at Baker Botts.
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September 2005
Andrew Schirrmeister and Ruth Shapiro prevailed in the First Houston Court of Appeals where the appellate court held that the Texas statute of limitations on mold-related personal injury claims begins to run upon exposure, and is not tolled until a plaintiff receives a definitive medical diagnosis tying mold to medical ailments.
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August 2005
The firm prevailed on multiple appeals of a summary judgment obtained in November 2004 on behalf of a its client, a multinational chemical company, dismissing numerous third-party claims of two plastics molders. The judgments, obtained in the 357th District Court of Cameron County, Texas, were appealed to the Thirteenth Court of Appeals in Corpus Christi, Texas. One of the appellants dismissed its appeal without filing a brief. The other appellant filed a brief on the merits arguing that our client’s summary judgment should be reversed because the hearing was held on less than 21 days notice and less than 21 days following the filing of certain summary judgment evidence. The appellant further argued that the trial court had misapplied Chapter 33 of the Texas Civil Practice and Remedies Code providing for contribution, and Chapter 82 of the Code providing for indemnity of innocent sellers by manufacturers of an allegedly defective product. Our firm filed extensive briefs written by John Klug, following which, the second appellant voluntarily dismissed its appeal as well, making the summary judgments in favor of our client final and non-appealable. The underlying trial from which our client was dismissed resulted in a $87,000,000 verdict.
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July 2005
Ruth Shapiro has been appointed to the Board of Directors of the Houston Lawyer Referral Service (“HLRS”). HLRS is a community service project of the legal profession sponsored by ten local bar associations, certified by the State Bar of Texas, and one of a select few legal referral programs nationwide that meet the stringent standards of the American Bar Association. The program assists our Houston community by referring legal matters to screened attorneys with appropriate experience.
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May 2005
Andrew Schirrmeister has been elected to the Board of Directors of the Houston World Affairs Council. The Houston World Affairs Council is one of Houston's most important citizen forums. Through diversified programming, the Council presents all sides of current global issues, furthers understanding of international relations and foreign policy, and contributes to national and international policy debates.
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April 2005
The firm welcomes Grupo Televisa S.A. de C.V. as a new client. Grupo Televisa S.A. de C.V. is a worldwide leader in the sale of programming in Spanish, which airs worldwide and has been translated to 27 languages. Grupo Televisa S.A. de C.V. offers a wide variety of multimedia content to meet the entertainment and information needs of all audiences, created by internationally acclaimed producers and acted by star-studded casts.
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April 2005
The firm sponsored a table at the Anti-Defamation League’s 2005 Karen H. Susman Jurisprudence Award Luncheon honoring David J. Beck and presenting Judge James DeAnda the Distinguished Achievement Award for Legal Public Service. Judge DeAnda, former Chief Judge of the United States District Court for the Southern District of Texas, pioneered civil rights efforts on behalf of Mexican-Americans and other Latinos, in the United States Supreme Court and elsewhere, successfully challenging systematic discrimination against Latinos in the courtrooms and the schools.
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March 2005
The firm welcomes two new clients: Enkei International and Velsicol Chemical Corporation. Enkei International is world leader in the manufacturing of aluminum casted parts including wheels and auto accessories. Velsicol Chemical Corporation produces specialty chemicals including plasticizers used to give resins and rubbers flexibility. Velsicol’s products are used in adhesives, caulks, coatings, sealants, and PVC resins. We appreciate the confidence these clients have shown in retaining our firm to represent their interests.
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March 2005
The firm is pleased to announce that it is the recipient of a 2004 DuPont Challenge Award. DuPont Legal gives Challenge Awards to those law firms who provided exemplary legal services during 2004. Stacey Mobley, General Counsel of DuPont, acknowledged our firm’s successes and identified three particular areas in which the firm excelled: Outstanding legal services and results in all areas of trial work and litigation; Collaboration with other DuPont primary law firms and service providers; and Sustained commitment to diversity in the legal profession through various initiatives.
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March 2005
The firm welcomes Iona Kaiser to the firm as an Associate. Iona is a 1996 graduate of Virginia Tech where she earned a degree in Chemical Engineering and the University of Houston School of Law. Iona has sat for and passed the patent bar and is licensed to practice before the United States Patent and Trademark Office.
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February 2005
The firm hosted a Platinum Table at the Minority Corporate Counsel Association Diversity Dinner in Dallas, Texas. The Minority Corporate Counsel Association was founded in 1997 to advocate for the expanded hiring, retention and promotion of minority attorneys in corporate law departments and the law firms that serve them. The dinner honored James Hatcher, Senior Vice President, Legal and Regulatory Affairs of Cox Communications, Inc.; Edward Stead, Executive Vice President and General Counsel of Blockbuster, Inc.; and Joaquin R. Carbonell, Executive Vice President and General Counsel of Cingular Wireless, LLC. The firm congratulates these leaders in the business community for their efforts to attract, retain and promote minority attorneys.
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January 2005
The Firm is pleased to welcome several new clients: Cytec Industries, Inc., The Dow Chemical Company, Lockheed Martin Corporation, NOVA Chemicals Corporation, Petroleum Geo-Services, and Reichhold, Inc. Cytec Industries is one of the world's leading specialty chemicals and materials companies. Dow is a leader in science and technology, providing innovative chemical, plastic and agricultural products and services to many essential consumer markets. Lockheed Martin is an advanced technology company, principally engaged in the research, design, development, manufacture and integration of advanced technology systems, products and services. NOVA Chemicals is a focused commodity chemicals company. PGS is a technologically focused oilfield service company operating in two primary business areas - seismic and production. Reichhold provides advanced polymers and polymer systems based upon the most comprehensive technology found in a single company in the industry. We appreciate the confidence these companies have shown in Schirrmeister Diaz-Arrastia Brem LLP.
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January 2005
We welcome to the firm Michael L. Brem who has joined us a partner. The name of the firm has been changed to Schirrmeister Diaz-Arrastia Brem LLP. Mike was formerly a partner in the trial section at Baker Botts LLP, where his practice concentrated on mass tort defense, international litigation, including substantial experience in Latin America, the Philippines and the Caribbean, and commercial litigation representing both plaintiffs and defendants. Mike’s practice both complements and adds new dimensions to our products liability, commercial and international litigation practice. (To view our press release announcing Mike’s joining the firm, click here.)
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December 2004
Our firm has relocated its offices to the Pennzoil Tower North. Our new address and contact information is below:
Schirrmeister Diaz-Arrastia Brem LLP
Pennzoil Place -- North Tower
700 Milam, 10th Floor
Houston, Texas 77002
(713) 221-2500
(713) 228-3510 fax
www.sdablaw.com
Andrew C. Schirrmeister III.................... acs@sdablaw.com
George Diaz-Arrastia........................... gdarrastia@sdablaw.com
Mike Brem............................................. mbrem@sdablaw.com
Carolyn Roch......................................... cdroch@sdablaw.com
Dana S. Speer....................................... dspeer@sdablaw.com
Jim C. Ezer............................................ jezer@sdablaw.com
John T. Klug.......................................... jklug@sdablaw.com
Joseph C. Matta..................................... jmatta@sdablaw.com
Robert J. Flora...................................... bflora@sdablaw.com
Ruth E. Shapiro.................................... rshapiro@sdablaw.com
Iona Kaiser.......................................... ikaiser@sdablaw.com
Harriet Moskowitz - Firm Administrator... hmoskowitz@sdablaw.com
Robin Young, Legal Assistant................. ryoung@sdablaw.com
Lady Guzman, Legal Assistant .............. lguzman@sdablaw.com
Kristina Gates, Legal Assistant.............. kgates@sdablaw.com
Marie Jeudy, Legal Assistant................. mjeudy@sdablaw.com
Guillermo Mejia, Legal Assistant Case Clerk... gmejia@sdablaw.com
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November 2004
George Diaz-Arrastia and John Klug obtained a summary judgment on all claims made against our client in a suit pending in state district court in Cameron County (Brownsville), Texas. We represented an international manufacturer of high-performance resins that was sued in a third-party action by two molders who had been retained by the client’s customer to mold parts for a tank-less water heater. The client’s customer had sued the molders claiming that improper molding had caused water heaters to fail in the field, leading to damage to commercial reputation, lost sales and profits and business opportunities exceeding $40 million. The molders asserted third-party claims against our client, claiming that the failures were the result of the properties of the resin or incorrect instructions given by the client’s field technical representatives. The molders also asserted statutory causes of action for contribution and indemnity under Chapters 33 and 82 of the Texas Civil Practice and Remedies Code. The court entered summary judgment for our client on all these claims. The molders were represented by the Houston office of Fulbright & Jaworski and the Dallas office of Gibson, Dunn & Crutcher.
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October 2004
In an opinion authored by Justice Gladwin, the Arkansas Court of Appeals affirmed an unanimous jury verdict in favor of DuPont. The underlying case which was tried by Andrew Schirrmeister and Jim Ezer was the first case involving allegations of trace benzene exposure and leukemia from aromatic hydrocarbon solvents used in automotive paint applications. Appellees/Plaintiffs represented by Provost Umphrey of Beaumont and Odom & Elliott of Fayetteville, Arkansas raised five evidentiary issues and one issue concerning the trial court’s refusal to submit a jury issue on negligence. The Arkansas Court of Appeals concluded that it was not error to prohibit Dr. Gregory Oakhill, the Plaintiffs’ treating physician from testifying on specific causation, that it was not error to prohibit the Plaintiffs from cross examining Dr. Bernard Goldstein on the "one molecule" theory, that it was not error to allow Dr. Phillip Guzelian to testify that the absence of the deletion of the 5 and 7 chromosome made it less probable that the Plaintiffs’ leukemia was benzene related and finally that the trial court did not err in refusing to allow a trial amendment for a negligence submission.
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October 2004
Working closely with Ramon Noyola of Houston, Arnulfo Gonzalez of Laredo and his former colleague Mark Strawn, Andrew Schirrmeister obtained a $3.8 million settlement for the family of a worker killed at a construction site. The case involved multiple Defendants, multiple procedural and venue challenges, and multiple theories of liability against premises owners, product manufacturers and insurers.
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September 2004
Andrew Schirrmeister appeared before the Arkansas Court of Appeals to defend a unanimous jury verdict in favor of DuPont in the first trial of a trace benzene case defended by the paint industry. The Appellants, represented by Provost* Umphrey of Beaumont, Texas and Odom & Elliott of Fayetteville, Arkansas, contended that it was error for the trial court to have excluded the testimony of the treating physician on specific causation and further that it was error for the trial court to have prevented the Plaintiffs from cross-examining Dr. Bernard Goldstein on the "One molecule theory" Appellants further argued that it was error for the trial court to allow Dr. Phillip Guzelian to testify that the absence of a deletion of the 5,7 chromosome made it less likely that exposure to benzene caused the decedent's acute myelogenous leukemia and finally that it was error for the trial court to have refused to allow a trial amendment after the close of evidence to include a negligence theory. The underlying case which was tried by Andrew Schirrmeister and Jim Ezer was the subject of a front page article in the December 2002 issue of the National Law Journal.
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September 2004
The firm welcomes two new clients: Oregon Steel Mills, Inc. of Portland, Oregon and Westlake Chemical Corporation of Houston, Texas. Oregon Steel Mills, Inc. manufactures specialty and commodity steel products including steel pipe, rails, plate, structural tubing, and wire rod and bar. Westlake Chemical Corporation is a vertically integrated manufacturer and marketer of basic chemicals, vinyls, polymers and fabricated products. We appreciate the confidence these two clients have shown in engaging Schirrmeister Diaz-Arrastia.
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September 2004
Andrew Schirrmeister, George Diaz-Arrastia and Dana Speer represented DuPont in In Re Van Waters & Rogers, Inc., No. 03-0777, (Tex. Sup. Ct., September 3, 2004) (per curiam), a mandamus proceeding before the Texas Supreme Court brought to overturn a Hidalgo County State District Judge's Order consolidating the workplace toxic tort claims of twenty of 454 plaintiffs. Based on its analysis of the Maryland factors adopted by the Texas Supreme Court in In re Ethyl Corp., 975 S.W.2d 606, 611 (Tex. 1998) and in In re Bristol-Myers Squibb, 975 S.W.2d 601, 603 (Tex. 1998), the Supreme Court found that significant juror confusion and undue prejudice would result from a trial of this particular group of twenty plaintiffs and found that the trial court abused its discretion in consolidating this group for trial. Given the totally unrelated claims of plaintiffs exposed at different times and for different lengths of time in different work areas of the plant to entirely different chemicals or combinations of chemicals produced by different defendants, juror confusion and prejudice was almost certain. The Court concluded that in such circumstances, the consolidation of these twenty plaintiffs claims against the defendants was an abuse of discretion without adequate remedy on appeal and granted mandamus relief. The firm also represented DuPont in the two earlier mandamus proceedings in this ten year old case.
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September 2004
The Texas Monthly has chosen Andrew Schirrmeister as one of its Texas Super Lawyers. Andrew was selected following a general survey mailed to more than 66,000 practicing attorneys in Texas, an intensive screening process, a review by a Blue Ribbon Panel and a final selection process.
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August 2004
Carolyn Roch was a recent speaker with Governor Howard Dean at a political fundraiser for Richard Morrison. Richard Morrison is running for a seat in the United States Congress. "Saving our Democracy in Texas" was the theme of the event that approximately 400 people attended. The brunch was held in Houston, Texas on August 22, 2004. (For a photograph of Carolyn with Gov. Dean, click here.)
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August 2004
John Freeman has accepted a position at the Baker Hughes Corporation as Vice President, Chief Compliance Officer, and Senior Deputy General Counsel. John will be sorely missed by his colleagues here at Schirrmeister Diaz-Arrastia and all of us congratulate him on his new position and wish him and his family the very best success in this new endeavor.
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June 2004
Andrew Schirrmeister and Ruth Shapiro recently made a presentation to a group of attorneys from the Riverstone Claims Management Litigation Group and the Risk Management Unit in Manchester, New Hampshire. Andrew's presentation was titled "Preparing for the Wave of Benzene Litigation." It provided an overview of the benzene and trace benzene litigation, including a description of the key benzene cases; the new focus by the plaintiffs' bar on trace benzene litigation involving exposure to solvents; efforts by plaintiffs' experts to influence regulatory agencies; the National -Scale Air Toxic Assessments for EPA Region 1 and particularly for the states of New Hampshire and Massachusetts; a chronology of the regulatory history of benzene; a summary of the toxicity of benzene, including a medical overview of the effect of benzene on the red blood cells, white blood cells, and platelets; and a summary of the epidemiology of benzene, including the Pliofilm cohort studies and their respective updates, the refinery worker studies by Wong, the Chinese studies by Yin and Hayes, and the Austrialian Health Watch Studies.
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June 2004
Ruth Shapiro spoke on insurance coverage and benzene litigation explaining the original coverage provided by standard CGL policies and the contraction of coverage, specifically the qualified pollution exclusion, the absolute pollution exclusion and the total pollution exclusion clauses. Ruth discussed cases involving these exclusions in the context of litigation arising over lead paint, asbestos fibers, paint and glue emanating from walls and flooring, insecticides, ammonia, spills, and other releases.
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June 2004
Joe Matta attended a luncheon program sponsored by the Houston World Affairs Council which featured Roel C. Campos, Commissioner of the U. S. Securities and Exchange Commission. In his presentation entitled, "The Global Market Place: Regulations in the International Business Environment," SEC Commissioner Campos, who is often referred to as the SEC's "International Commissioner," discussed his recent activities in representing the SEC at meetings held by the International Organization of Securities Commissions and by representatives of foreign nations. He pointed out the European Commission's efforts to develop common rules for the EU financial services market, as well as the SEC's support of the memorandum of understanding entered into by the US Financial Accounting Standards Board (FASB) and the International Accounting Standards Board (IASB), whereby the FASB and the IASB agree to work together toward the goal of convergence between U.S. Generally Accepted Accounting Principles and International Accounting Standards. Commissioner Campos also touched upon the role the Sarbanes-Oxley Act has had in strengthening investor confidence in US markets. As a member of the firm's Securities Practice Group, Joe represents clients in securities and corporate matters. Prior to joining the firm, Joe was employed with the U.S. Securities & Exchange Commission for over seventeen years where he rose to Assistant Regional Administrator in the SEC's Fort Worth Region supervising and directing litigation conducted by the SEC's Houston office. In addition to his extensive SEC experience, Joe possesses a thorough knowledge of federal and state securities laws and the regulatory and enforcement operations of the SEC, Texas Securities Board, NASD and NYSE.
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May 2004
In celebration of the 50th anniversary of the U.S. Supreme Court’s decision in Brown v. Board of Education of Topeka, Kansas, and in connection with the Houston Bar Association’s celebration of Law Day 2004, Ruth Shapiro will present Linda Brown’s story to Houston elementary school classrooms and discuss how Brown v. Board of Education ended the “separate but equal” doctrine in our educational system. Ruth is co-chair of the Houston bar Association’s Lawyers for Literacy Committee, and has been active for years promoting and providing resources for literacy efforts in the greater Houston area. Ruth has also presented other Law Day programs to young children with an emphasis on diversity, tolerance and equality.
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May 2004
As part of the firm's commitment to diversity, Bob Flora attended the State Bar of Texas Minority Attorney Program 2004 held in Houston on May 7, 2004. This program is committed to helping and furthering the opportunities available for small firm and solo practitioner minority lawyers.
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May 2004
George Diaz-Arrastia and Joe Matta obtained a dismissal with prejudice of a suit against our clients, Pepsi Bottling Group Mexico, S. de R. L. de C. V. ("PBG Mexico") and a number of its subsidiaries in the Dallas division of the United States District Court for the Northern District of Texas. The suit had been brought by a Cayman Islands company seeking to enforce a foreign arbitration award entered against companies that had been acquired by and merged with a PBG Mexico subsidiary. In his Memorandum Order, Chief Judge A. Joe Fish accepted our arguments that the plaintiff lacked standing to enforce the award because the award had previously been validly assigned to a PBG Mexico subsidiary. Click here for a PDF version of Chief Judge Fish's opinion.
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May 2004
Carolyn D. Roch has joined the firm as “Of Counsel.” Carolyn was formerly a partner at Lapin & Landa, L.L.P. in Houston. Carolyn concentrates on products liability and commercial litigation, including employment and securities litigation.
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April - May 2004
The firm has been active in support of Harris County Civil District Judges seeking reelection this November. The firm has acted as underwriter for campaign receptions for Judge Lamar McCorkle of the 133rd District Court, Judge Grant Dorfman of the 129th Civil District Court and Judge Bill Burke of the 189th Civil District Court. Judge Burke was a former partner of Andrew Schirrmeister at Baker & Botts.
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April 2004
Andrew Schirrmeister, George Diaz-Arrastia and Joe Matta represented the Official Committee of Unsecured Creditors in an adversary proceeding against Bank of America arising out of the Chapter 11 bankruptcy of Texas Petrochemical, L.P. Working with the New York firm of Strook & Strook & Lavan, we brought a lawsuit alleging fraudulent inducement, fraud and negligent misrepresentation arising out of Texas Petrochemical’s refinancing of certain pre-existing bank debt in 2002. The entire bankruptcy proceeding settled and the firm received a performance-based bonus as a result of its successful work in this matter.
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April 2004
George Diaz-Arrastia moderated a panel discussion on “Privilege: Are you Sure it is Preserved?” at the Third Annual CLE Symposium for In-House Counsel sponsored by the Delaware Valley Corporate Counsel Association in Philadelphia on April 16, 2004. Members of the panel were Kimberly Rhodes, Vice President and General Counsel of Primavera Systems, Inc., Eugene FitzMaurice of Towers Perrin, L.L.P. and Bryant Spann of Allen Guthrie McHugh & Thomas, L.L.P. Andrew Schirrmeister and Joe Matta also attended the conference.
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April 2004
George Diaz-Arrastia and Joe Matta attended the Minority Corporate Counsel Association Diversity Dialogue held in Houston on April 14, 2004. The event featured a panel discussion of local MCCA award winners offering information about building award winning diversity initiatives.
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April 2004
George Diaz-Arrastia was interviewed by The Metropolitan Corporate Counsel magazine in connection with its Diversity Part III Special Report. Entitled “Enhancing Diversity In A Small, Sophisticated Practice”, the interview was published in the April 2004 Edition of the magazine. Click here for a PDF version of the interview.
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February 2004
Andrew Schirrmeister, John Klug and Joe Matta were responsible for obtaining a $2,625,000.00 settlement payment from Akin Gump in a case involving breach of fiduciary duty and professional legal malpractice. Our clients were a group of investors who bought stock in E-Court, a defunct internet start-up company. We established that Akin Gump failed to provide Chadwick with the necessary private placement memorandum for a meeting of investors in the Rio Grande Valley and then subsequently failed to inform the investors that Chadwick had a criminal record when Akin Gump lawyers prepared a recision agreement to remedy the problems created by improprieties in the original private placement documents. The case appeared on the front page February 9, 2004 edition of the Texas Lawyer. Ramon Garcia of the Law Office of Ramon Garcia in Edinburgh, Texas referred this matter to our firm. Click here for a PDF version of a Texas Lawyer" article on this case."
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February 2004
The firm sponsored a table at the Minority Corporate Counsel Association regional Diversity Dinner that was held in Houston on April 14, 2004. The Minority Corporate Counsel Association was founded in 1997 to advocate for the expanded hiring, retention, and promotion of minority attorneys in corporate law departments and the law firms that serve them. Among the awards given at the dinner was the Thomas L. Sager Award, named for DuPont’s Vice President and Assistant General Counsel, Litigation, given to law firms that have demonstrated sustained commitment to improve the hiring, retention and promotion of minority attorneys. The firm also hosted Mr. Sager at its table at the 2003 Diversity Dinner in Dallas.http://www.mcca.com.
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January 2004
John M. Freeman has joined the firm as “Of Counsel.” John was formerly Vice President – Legal of Pennzoil-Quaker State Company, where he served as primary counsel to the senior management team and each of the operating business groups. John has had extensive experience in antitrust, product liability, commercial and intellectual property litigation, as well as antitrust and regulatory compliance matters.
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November 2003
Andrew Schirrmeister and Ruth Shapiro obtained a summary judgment for a California based real estate developer in a suit brought by a resident in one of the client’s apartment complexes claiming that exposure to mold in her apartment caused her to develop asthma, emphysema, Epstein Barr virus, Chronic Fatigue Immune Dysfunction Syndrome, Fibromyalgia, Coxsackie Strain B (II) Virus, cirrhosis of the liver, kidney disorders, visual disturbances, balance problems, hearing loss, ringing in the ears, bladder incontinence, brain fog/memory loss, nose bleeds, headaches, nausea, vomiting, diarrhea, hemorrhaging, emergency surgery for removal of fibroid tumors, candida, parasites, worms, anaphylactic shock, night sweats, hip/arm/joint pain, body aches, inflammation, eye irritation, multiple chemical sensitivity, sore throat, debilitating fatigue, low grade fever, chills, TMJ Syndrome, spine pain, dizziness, and heart palpitations. Judge Patricia Hancock of the 113th Judicial District Court in Houston dismissed all claims against our client. Plaintiffs are appealing the Court’s judgment where it is now pending before the First Houston Court of Appeals.
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August 2003
Andrew Schirrmeister and George Diaz-Arrastia obtained a judgment for $1.2 million in lost profits, plus interest in a case involving breach of an exclusive distributorship contract. The case was tried in the 157th Judicial District Court of Harris County before Hon. Randy Wilson. A prior judge had dismissed the case on a choice of forum issue, but a unanimous panel of the First Houston Court of Appeals reversed and remanded for trial. After a one-week trial, the jury returned a verdict on June 19, 2003, and Judge Wilson signed the court’s judgment on August 15, 2003.
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2003
E.I. du Pont de Nemours and Company awarded the firm one of its National Challenge Awards. DuPont makes these Challenge Awards to reward its Primary Law Firms for significant accomplishments in serving DuPont’s legal interests and commitment to develop and maintain core programs of the DuPont Legal Model, such as Early Case Assessment and the advancement of minority attorneys. The award was presented to Andrew Schirrmeister at the 2003 annual meeting of DuPont Primary Law Firms in Wilmington, Delaware (http://www.dupontlegalmodel.com/files/ourinitiatives_2.asp)
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