Focused to Excel

Electrical – Davidson Troilo Ream & Garza has excelled in its record of municipal utility practice. Our lawyers are experienced in serving as general counsel, city attorney or special counsel to the governing bodies of various public agencies or entities. We perform services in the following areas:

• Regulatory/Legislative/Operations Functions
• Litigation/Administrative Representation
• Intergovernmental Affairs
• Environmental
• Project Development, Including Real Estate Acquisition, Construction and Finance
• Utility Acquisitions
• Power Resource Development
• Water Resource Development
• Waste Water System Improvement Projects
• General Counsel Duties

Water / Waste Water – The Firm has extensive experience representing cities, districts, non-profit corporations, and investor-owned companies in all aspects relating to the provision of water and waste water services and implementing regional and local water projects. These include:

• Representation of both the supplier and the customer in wholesale and retail rate cases
• Obtaining and amending surface water right permits
• Negotiation of water supply contracts on behalf of the supplier and the customer
• Representing groundwater districts and persons requesting permits and approvals from groundwater districts
• Obtaining wastewater discharge permits

Municipal (Local Government) – The Firm has exceptional depth and experience in providing general counsel and City Attorney services to local governments of all sizes in all aspects of municipal law. The Firm has two attorneys holding merit certifications in municipal law. For five decades, the Firm has represented governmental agencies and entities throughout the State of Texas in the following areas of experience: acquisition, sale or lease of property; administrative licenses and regulatory permits; matters involving planning, permitting and construction; eminent domain and condemnation; election matters and procedures; general rights, powers, duties, obligations and limitations of Public Officers and Employees; land use regulation; public records requests; utilities; housing; public finance; bond issue

Government Entities – Government entity representation in the areas of: real estate matters; economic development issues; transfer of water and power utilities; lease negotiation; planning and development; finances; organizational matters; employment and labor; land use planning including platting, zoning and major infrastructure improvements, including rail service and airport development; contract negotiation; general counsel services

Administrative – Our Administrative Law practice includes practice before the Public utility Commission of Texas, Texas Railroad Commission, Texas Commission on Environmental Quality and other agencies on matters including rate and service area issues, purchases and sales of utilities, rule-making, and revocation of professional licenses; familiarity with statutes and rules applicable to the day-to-day operation and management of political subdivisions in Texas; review and preparation of notices under the Texas Open Meetings Act; responding to requests for information under the Texas Public Information Act; advising regarding taxation of property, elections, finance and procurement and construction contracts; acquisition of property and easements including acquisition by eminent domain, general counsel services

Insurance – The Firm’s expertise in this area covers the defense of property, casualty, commercial and surplus lines, and life insurance carriers. Specifically, this includes litigating routine and complex coverage disputes, breach of contract and bad-faith claims, Deceptive Trade Practices and Insurance Code violation claims, extra-contractual damage claims, as well as providing coverage analysis. Our legal team provides pre-litigation coordination and litigation defense of these claims. Our experience includes the representation of insureds under all types of liability coverages such as aviation, personal injury, professional and medical malpractice. We handle personal injury cases that include negligence actions, such as simple motor vehicle accidents, premise liability, construction, and products liability. Furthermore, our experience in professional malpractice actions involves medical practitioners, attorneys, architects, engineers, accountants, and real estate agents and brokers.

We have also represented clients in fidelity and surety insurance, title insurance, and worker’s compensation matters. We handle cases involving coverage matters that may include the representation of excess carriers in dealing with other insurance companies and insolvent primary insurance companies. In addition, we participate in defense actions against insurance companies that may include any type of bad faith action and unfair claims settlement practice claims. Similarly, we have experience in property and casualty insurance matters and commercial insurance matters.

Transportation – Our expertise in this area covers the vast shipping community to include shippers, carriers, brokers and freight forwarders who experience a wide variety of problems in the logistical transportation of goods and passengers. Specifically, this area encompasses commercial litigation for Carmack/Cargo claims, Department of Transportation and other regulatory compliance and filings, seizure of units, and Trucking & Bus personal injury claims. Our legal team provides the initial investigation of such claims, pre-litigation coordination and litigation defense.

Commercial – Our expertise in this area covers the defense of property, casualty, commercial and surplus lines, and life insurance carriers. Specifically, this includes litigating routine and complex coverage disputes, breach of contract and bad-faith claims, Deceptive Trade Practices and Insurance Code violation claims, extra-contractual damage claims, as well as providing coverage analysis. Our legal team provides pre-litigation coordination and post-litigation defense of these claims.

Appellate – Our attorneys have experience handling cases before the U.S. Supreme Court, Texas Supreme Court and Texas Appellate courts.

Construction – Our expertise in this area covers a wide range of general bodies of law that are applied to construction industry specific issues. Specifically, this area encompasses contractual claims concerning defect, breach of warranty and delay, the transactional construction process to include bonds and bonding, guarantees and sureties, liens and other security interests, and claims of professional negligence associated with the different types of business relationships among various engineering and architectural professionals that serve the construction industry. Our legal team can provide initial investigation of such claims, pre-litigation coordination and post-litigation defense of these claims.

Our expertise in this area covers a wide range of legal issues including construction claims, bonds and bonding, guarantees and sureties, liens and other security interests, and construction contracts.

Tort Defense – Our expertise in this area involves the representation and defense of companies and individuals involved in all areas of personal injury litigation. Our legal team has extensive experience in handling cases involving premises liability, motor vehicle accidents, trucking accidents and allegations of general negligence.

Employment – Our employment practice encompasses an extensive group of employment-related litigation including civil rights, discrimination, sexual harassment, wrongful termination/breach of employment agreement, EEO and affirmative action, workers’ compensation, and non-competitive agreements, as well as representation at the Equal Employment Opportunity Commission, Texas Commission on Human Rights, and the Department of Labor.

We are equally experienced in counseling our clients in the practical areas of human resource management. We assist in developing and drafting employment procedures, developing grievance procedures, and devising personnel policy manuals for supervisors and employees.

Our legal services also include helping clients structure employee evaluation systems and promotion and transfer policies, develop affirmative action and/or EEO plans, implement drug testing procedures, draft non-competition agreements. Training supervisors and managers in the effective use of employee discipline and discharge and drafting and implementing procedures to comply with the Americans with Disabilities Act are also our areas of expertise.

Healthcare Liability / Professional Liability – Our expertise in this area involves the representation of hospitals, nurses, doctors, nursing homes, pharmacists, dentists and other healthcare providers. Specifically, we have extensive experience representing healthcare providers in lawsuits involving allegations of medical malpractice, nursing negligence and hospital liability in state and federal court. Our legal team provides pre-litigation coordination including in-services, in-depth coordination, support and analysis during litigation, and appellate work if indicated. Our legal team also represents healthcare professionals before the Texas Board of Nursing and Texas Medical Board.

Environmental – Our knowledge of legislative and regulatory trends at local, state, and federal levels enables the Firm to practice preventive law on behalf of clients who may perceive an environmental concern, but cannot pinpoint and assess a potential risk or exposure. Preventive management of risk by involving multi-disciplined professionals with legal and engineering expertise can prove most cost effective in meeting client needs. Prevention and mitigation when possible is generally preferred by clients to cure and remediation.

The Firm’s Environmental Law attorneys combine previous governmental service with backgrounds in litigation, real estate, construction, utilities and public law that enables them to fully integrate their knowledge and services with the Firm’s other attorneys that have extensive experience in non-environmental areas.

Our Environmental Law attorneys routinely appear before local, state, and federal public agencies in negotiation and administrative law roles for both public and private clients. The Firm has represented both applicants and opponents to contested facility permit hearings and represents clients in litigation in both state and federal district courts. Additionally, the Firm maintains political awareness across the state through active membership in numerous trade organizations and performs legislative monitoring, drafting and lobbying for clients.

Financial Institutions – Our Firm represents financial institutions in all aspects of banking including: operations, lending, collections, corporate and regulatory. Our Firm is capable of handling all aspects of the foreclosure process including the review of loan documents and title reports, preparation of all applicable demand and acceleration letters to borrowers and guarantors, preparation of affidavits, notices of posting and substitute trustee deeds. We also act as substitute trustee and conduct foreclosure sales for our clients.

Product Liability – Our expertise in this area covers legal problems arising from unintentional wrongs of third parties. Specifically, this area encompasses product liability, various tort claims, premises claims, and wrongful death and survival claims. Our legal team will provide rapid response and initial investigation of such claims, pre-litigation coordination and post-litigation defense.

Medical Device / Pharmaceutical Drug Litigation – Our expertise in this area involves the representation of companies involved in the manufacturing, distribution and/or sale of medical devices and pharmaceutical drugs. Specifically, our legal team has extensive experience in representing companies and individuals involved in the manufacturing, distribution and sale of medical devices and pharmaceutical drugs in state and federal court. Our legal team’s expertise and experience includes the representation of clients involved in high profile medical device and pharmaceutical drug litigation, including Mass Tort Litigation and Multi-District Litigation (MDL) in Federal Court.

Real Estate – Our Real Estate division of the Firm’s Business section represents our clients in their roles as purchaser, developer, lessor, manager and broker. In fulfilling the legal needs occasioned by these various roles, our attorneys strive to maintain a close working relationship with the officers of each company.

Our attorneys are capable of handling simple residential as well as complex commercial real estate matters. We have experience in the following areas: subdividing, platting, restricting and zoning of residential and commercial subdivisions; commercial projects such as apartments, condominiums, shopping centers, office buildings, and health care developments; condemnation matters; residential and commercial construction documentation and disputes; and the business entity planning, formation and operation that is necessary to full service representation of the real estate industry.

Our attorneys have extensive experience in the drafting and negotiation of commercial leases for office, residential and retail developments. Our attorneys have considerable expertise in structuring agreements with third-party management firms and in counselling and representing our clients on the landlord-tenant issues and disputes which arise.

At each juncture, Davidson Troilo Ream & Garza works hand-in-hand with the client, engineers, construction personnel, architects and land planners in negotiating and documenting land acquisitions and development contracts, advising and assisting in municipal and county approval processes, preparation of charters, bylaws and programs for community associations.

Construction – Our attorneys represent both public and private construction project owners, and constructors, in developing project management and construction agreements and resolving disputes arising during construction. Our attorneys have experience in acquiring real estate and remediating contaminated real estate.

Bankruptcy – We maintain a unique perspective on bankruptcy matters through our frequent representation of creditors and bankruptcy trustees, and our less frequent representation of debtors. We also assist individual and corporate clients with pre-bankruptcy counseling and preventative planning to avoid bankruptcy. In many instances, our success in recovering creditors’ collateral from bankruptcy estates has allowed our clients to recoup the maximum value of the collateral involved. In other cases, our diligent efforts have improved our clients’ positions by compelling debtors to amend reorganization plans and blocking the discharge of debtors. We have also assisted our bankruptcy trustee clients in recovering hundreds of thousands of dollars in assets that were not originally listed by the debtors.

Business Entities – Our lawyers provide counselling on forming business entities, taxation concerns, corporate and business acquisitions, mergers, sales and purchases of ongoing businesses. We have extensive experience in representing businesses as creditors in workouts and bankruptcies.

Banking / Lending – The Banking and Lending division represents financial institutions in all aspects of banking, including: operations, lending, collections, corporate and regulatory. Our Firm is capable of handling all aspects of the foreclosure process including the review of loan documents and title reports, preparation of all applicable demand and acceleration letters to borrowers and guarantors, preparation of affidavits, notices of posting and substitute trustee deeds. We also act as substitute trustee and conduct foreclosure sales for our clients.

Corporate – Our Corporate division provides both general corporate and business representation plus highly specialized legal services for businesses, local governments, and individuals in the area of corporate law. Since most of the attorneys in this division have had extensive experience in government service, either at the federal, state or local government levels, the complex business relationships involved in such areas as municipal franchising, state corporate regulation and sales tax interpretations, applicability of federal law and state laws to professional and business permits, the applicability of zoning and land use controls and the effect of the use of eminent domain by the local, state and federal governments are all within the area of expertise of the attorneys within this division.

Our eminent domain practice is focused on advising and representing governmental entities and condemning entities concerning planning, acquisitions, and long term strategy for infrastructure construction and public projects. We prepare and review construction contracts and delivery, working closely with architects, engineers and financing agents to bring public and public/private partnership projects to successful completion.

We also handle eminent domain litigation, from initial appraisals and offers through trial for condemning authorities and landowners. Our eminent domain attorneys manage condemnation for pipelines, water systems, highways, drainage and sewer systems, and transmission lines.

For over forty years, the attorneys in the Estate Planning and Probate Section of Davidson Troilo Ream & Garza have provided a wide variety of legal services. They counsel individuals and businesses in providing for the protection and management of their assets. Davidson Troilo Ream & Garza’s attorneys have represented large and small corporations, partnerships, individuals, estates and trusts. The specific types of legal services and counsel that we provide include:

• Asset Protection
• Preparation of Wills of all complexities (both Simple and Complex)
• Statutory Power of Attorney
• Medical Power of Attorney
• Directives to Physicians
• Designation of Guardian
• Probate of Will
• Winding up and Settlement of Estate
• Will Contest
• Guardianship
• Preparation of various Trusts: Irrevocable Trusts, Living Trusts, Life Insurance Trusts, Crummey Trusts, House Trusts, Charitable Trusts, Off Shore Trusts, Special Needs Trusts
• Individual, Partnership and Corporate Income Tax Matters
• Estate and Gift Tax Planning

Our Estate Planning and Probate Law attorneys have in depth experience in all the important aspects of their practice of law. This experience provides the basis for serving clients with expert advice and service at reasonable rates. Individually, or as a team, the Estate Planning and Probate Law attorneys are well prepared to provide legal services as required by individuals or private business entities.

We assist employers in navigating the increasing complex laws and regulations that govern the relationship between employers and employees. Our employment practice encompasses both litigation and non-litigation. We assist our clients in ways to avoid litigation by evaluating potential problems and addressing them before they turn into claims or lawsuits. If that cannot be avoided, we handle the full gambit of matters that employee can assert in Texas and federal courts or before administrative agencies such as the Texas Workforce Commission, Equal Employment Opportunity Commission, Texas Commission on Human Rights, and the Department of Labor.

Matters that we have handled come in all shapes and sizes and include allegations relating to civil rights, discrimination, harassment, retaliation, breach of employment agreement, whistleblower, workers’ compensation, and non-competitive agreements. We are equally experienced in counseling our clients in the practical areas of human resource management. We assist in developing and drafting employment handbooks and procedures, developing grievance procedures, and devising personnel policy manuals for supervisors and employees. We also assist employers when reductions in force or reorganizations prove necessary.

Our legal services also include helping clients structure employee evaluation systems and promotion and transfer policies, develop affirmative action and/or EEO plans, implement drug testing procedures, draft non-competition agreements.

We provide training for supervisors and managers in the effective use of employee discipline and discharge and implementing procedures to comply with the various laws that govern the employer/employee relationship.