Sunday, December 29, 2013

Oil Giant Halliburton Co. Insists Federal Court Reconsider Current Securities Law

Leading Oilfield Services conglomerate Halliburton Co just requested that the Supreme Court reconsider the 1988 securities case, Erica P. John Fund v. Halliburton. To be certain, The Fund is among Halliburton's shareholders. Erica P. John Fund's years of courtroom struggle with the oil company is based on the allegation that the company falsified important records concerning Halliburton's shareholder operations, such as over-reporting revenue and reducing perceived liabilities. Crucially, Erica P. John Fund has attempted to have its legal action against the defense recognized as a class action lawsuit (CAL): a lawsuit that is carried out on behalf of a certain group suffering from the same injury. A class action lawsuit would allow the Fund to represent all shareholders of Halliburton stock, therefore increasing the dollars at stake in the litigation.

The NY Times recently published a topical analysis of the Halliburton case, should it hear the case. The New York Times publication explains how many lawsuits like the one involving Halliburton and The Fund revolve around the idea of “reliance”, saying that the litigation - or in the EPJ v. Halliburton case, the shareholders acted in reliance on the organization's fraudulent behavior. The Supreme Court has a vast interpretations of "reliance". To prove reliance, a shareholder need not read a prospectus and the fraudulent statements it contains. Instead, courts view any criminal statements made by a corporation (and accepted by the public) that impacts the financial value of the corporation as being incorporated into the price of the the business' securities. Courts justify this decision on the ground that markets will price securities with all available information, something that is widely accepted in the world of finance. However, even though most shareholders don't critically review financial statements and prospectuses made publicly available by the companies in which they invest; they can still show “reliance” provided that they can prove that they have bought securities with the corporation. As more and more shareholders come forward and are able to demonstrate reliance, class action suits become easier to take to court.

In defense's court request to review the case, Halliburton has hinted that it will contest that the court is enacting reliance too broadly. Halliburton will suggest that the Supreme Court should interpret reliance as requiring shareholders to do more than merely purchase securities; for instance, the court could require them to read a fraudulent prospectus or financial statement. This kind of a contention could definitely see some strong backing from the business community.

As the NY Times article points out, in 2012 four members of the Court in an unrelated case suggested that they were willing to overrule the current, expansive definition of “reliance.” If the Halliburton case ultimately makes it to the court, the obvious question will be whether the company can muster a decisive fifth vote from the Court.

Monday, November 4, 2013

Germany Cools on Obama, Joe B Garza Explains

The June 2013 revelations that the United States National Security Agency’s (NSA’s) domestic surveillance program alarmed a great deal of the public. Although the NSA purportedly must obtain a warrant from a court before viewing substantive messages between Americans, it can compile vast amounts of data without a warrant. For example, it can log the activity attributable to a cell phone number or to an internet protocol address.

German Green Party politician Malte Spitz has written about his disappointment over the NSA’s activities. Specifically, he is troubled that President Obama has defended the activities. When the U.S. was attacked on 9/11, Germans, like many people around the globe, felt a great deal of solidarity with the U.S. That solidarity diminished as the tenure of former President George W. Bush wore on. The invasion of Iraq, the endorsement of torture by officials in that administration, and the indefinite detention of prisoners of war at Guantanamo Bay undermined German confidence in American ideals. In Spitz’s views, this disillusionment struck Germans especially hard because many of them can remember living under the surveillance of the Stasi, the East German police. And the more distant history of Nazi Germany still infuses Germans with the determination to protect civil liberties.

As Spitz pointed out, he played a key role in having the German surveillance system in place several years ago struck down by the German courts. In 2009, he filed suit to obtain the data the government was collecting on him; after obtaining it, he made it public. The disclosure revealed that the German government could track his hourly movements and monitor with whom he was in contact. Spitz’s story helped spark public protests against the German government’s policy of keeping data on the most recent six months of a person’s activities, a policy that was eventually ruled illegal. This victory reinforced the idea among Germans that greater potential for security is not justified by increasing invasions of privacy. The NSA revelations, however, have caused them to believe that Americans may accept that trade-off.

Read More: (A) By Joe Garza (B) Politics and Finance

Monday, August 26, 2013

Chevron Strikes Back in Litigation: Ecuadorean Court Has A Cow

A fascinating July article in the Wall Street Journal examined how energy giant Chevron is fighting back against what it perceives to be an unfair court judgment against it. The litigation began when Texaco (since acquired by Chevron) allegedly caused environmental damage in Ecuador. Chevron’s lawyers succeeded in thwarting the plaintiffs’ attempt to bring suit in the United States. In 2011, however, the plaintiffs were able to win a gigantic $18 billion award against Chevron in Ecuadorean court.

Chevron has since fought the judgment in protracted litigation in the U.S., attempting to overcome the effective presumption in American courts that judgments from a foreign court are to be honored absent fraud or abuse. Large corporations contesting foreign legal judgments is common; what makes Chevron’s case noteworthy is the way it has retaliated against the plaintiffs. For example, Chevron filed for arbitration under a U.S.-Ecuador treaty that provided it with the right to extensive discovery of documents held by the plaintiffs. Chevron argues that these documents reveal impermissible collusion between the plaintiffs and the Ecuadorean court. In addition, Chevron sued the plaintiffs, their counsel, the law firm Patton Boggs, and their expert witnesses under the federal Racketeer Influenced and Corrupt Organizations (“RICO”) Act.

Chevron’s tenacity has paid some dividends. Expert witnesses for the plaintiffs in the Ecuadorean litigation, as well as a judge in the same litigation, have acknowledged the validity of some of Chevron’s arguments. However, Chevron remains embroiled in litigation with Patton Boggs. The law firm has an obvious incentive to protect its reputation against the racketeering charge, as well as a contingency fee from the Ecuadorean judgment that could be worth as much as $450 million.

To date, some estimates are that Chevron has used over 2,000 lawyers in the litigation, undoubtedly resulting in huge legal bills. Nonetheless, the company’s fierce resistance to the Ecuadorean judgment may end up saving it money in the long run if it deters future would-be plaintiffs.

Other News: Court Has Cow Over Bad Estate Planning

Thursday, July 11, 2013

Texas Attorney Joseph B. Garza Offers Advice Regarding Why the Texas State Bar Association Regulates All Dallas Lawyers



The ultimate wish of anyone involved in litigation is that they get a fair judgment. To enhance this, one needs to be well represented. The legal fraternity has a role to play to see to it that this happens. This is why the Texas Bar Association regulates all Dallas lawyers, including the author of this article, Texas Attorney Joseph B. Garza. For one to engage in legal practice in areas of its jurisdiction, they have to be its members. This serves a number of purposes, which will be discussed below.

The first reason why the Texas State Bar Association regulates all Dallas lawyers is in order to ensure that they adhere to the set code of legal conduct. This way, clients are better shielded from legal malpractice. The charges they receive for services offered are fair hence preventing them from extortion. All attorneys have to follow the laid down rules and regulations. This is because professional misconduct will result to penalties being imposed on them. Where clients' complaints are investigated and proved to be true, suspension or de-registration may occur depending upon how serious the offense is. This strictness ensures members' conduct is kept on check at all times.

The Texas State Law association offers education to its members. For one to be certified, they have to pass the Association's examinations. They also offer resources in form of various publications. This way, its young members have a large knowledge base for reference purposes. Old members get to refresh their knowledge through refresher courses. This keeps all members on their toes. They therefore are in a position to solve cases on emerging issues. This education bit is what helps to maintain professionalism and is the basis for licensing attorneys to ensure that they represent clients in the fields for which they are qualified depending on their academic and professional qualifications. Overall competence in the field is thus enhanced.

Attorneys in Dallas like Attorney Joseph B. Garza are regulated by the State Law Association so as to enable the public make the right decisions. This they do through provision of information on the conduct of their members. Clients looking for legal representation can therefore make the right decisions and avoid people who have been involved in unprofessional behavior. As a result, quality delivered is of high standards.

Through regulation of attorneys in Dallas, the courts are aided in administration of justice. Since the attorneys know what is expected of them by the profession and their clients too, they ensure that fairness is exercised in the courts. As a result, they ensure that justice prevails as evidenced in the most appropriate court ruling. The credibility of legal practice and the processes involved is also up-held as a result of regulation. This is because clients are aware that the legal representation services offered to them are of great quality. They will thus have faith in the judicial system and be contented with the outcome of their lawsuits.

As discussed above, there are many reasons why the Texas Bar Association regulates all Dallas lawyers. Therefore, anyone looking forward to administration of justice should go for no other attorneys but those that are its members. This way, the end results are likely to be in their best interests. To learn more about becoming certified by the Texas State Bar Association, please read these other related blogs by Texas Attorney Joseph B. Garza.

Friday, June 14, 2013

Lawyer Joe B Garza Offers Insight on How to become certified by the Texas State Bar Association




If you want to be a Texas lawyer but you don't know how to become certified by the Texas State Bar Association, don't worry, we are here to help you in this matter. To become Certified Texas lawyer you must need to plan for it from your schooling, and after that you must need to complete your bachelor's degree. After that, you need to complete your law degree from any law school that is accredited and reputed. After completing this law school degree, you need to pass Bar Exam conducted by State of Texas. If you clear this exam then you can become a certified Texas Lawyer and you can do private practice or you can work in private or any government law firm. Use these suggestions by attorney Joe B Garza to get certified by the Texas State Bar Association.

So if you want to get certification of a lawyer from Texas State Bar Association, you must need to start planning for it. Follow these tips that will help you to get your target. These tips talk about those prerequisites that you need to complete before taking admission in law school, in which law school you should take your admission, what is the importance of bar exam when you can apply for it, and how you shall prepare for this bar exam.

Prerequisites: Complete your Graduation: Texas Bar Association does not require any specific subject in graduation and you can choose a subject of your choice to become a certified Texas lawyer. However, if you really want to do well in your subject and in practice, then it is a good idea to choose those subjects are primarily focused on criminal justice, communication and public speaking. These subjects will help you in your law studies and in defense debates as a lawyer. Also, make sure that the college from which you are completing your graduation is an accredited college.

Join law school: After finishing graduation, you can submit an application for law school admission council exam. If you pass this exam you will get admission in Law College, and you can finish your law degree from council accredited law college. To give this test, apply it on correct time. You need to apply six to twelve month before the test, so plan things accordingly.


Past State of Texas Bar exam: Once you complete your law school, you can appear in Texas bar associate exam. If you pass this bar exam, you will get a certificate of a Texas lawyer. In case you are planning to appear in Texas bar test, be sure to cross check the exams dates from official website and then apply for it accordingly. Before taking this exam, give yourself enough time to study for this exam, and study for this exam with great effort and enthusiasm, because this exam is a tough exam, and only very few people can pass it in first time.

Don't try to cheat your application form: Department want to have only ethical people as a Lawyer in Texas that's why if you give any wrong information in your form they will ban you for forever. They do intense background check so whatever they ask you in form, answer it candidly. With these simple tips you can become certified by the Texas State Bar Association.

Thursday, May 30, 2013

Texas State Bar Association Certification Tips by Texas Lawyer Joe B. Garza

Becoming an attorney in Texas may not be very easy as many think. The Texas state bar association is a group of professional lawyers involved in the aligning of the legal system to make sure that citizens are treated in a good way. 

They also ensure that citizens receive equal treatment before the law and that no one is above the law. To become a Texas state bar lawyer, you have to go through the education system very well. You must excel in studies in the law field.

Practical education is another thing worth considering before you become a professional Texas bar certified attorney. You need extensive understanding of the law field related to Texas bars before you are approved to become a lawyer. Moreover, it is important to have a clear focus of what you really want. 

You can learn more about becoming certified by the Texas State Bar Association by checking out articles here:

TBA Attorney Joe Garza
 

Tuesday, May 21, 2013

How to Become Texas Bar Association Certified Attorney like Joe B. Garza


Texas Bar Association Certification for the TBA certified attorneys, offers full power to State Bar in the state of Texas so that it can support its legal systems and thus ensuring that citizens are treated always equally before the law. This ensures that the lawyers keep and observe all values of conduct, and the kind of services given to the public attain the level of standards expected. They also should explain all aspects of rule of law to the public and keep them informed and diversify administration of justice and law practices. Use these tips by TBA.org certified Texas Lawyer Joe Garza (B) to better reach your professional career goals.

Cyberspace Bar Association of Dallas
Its mandate involve boosting CLE seminars that concerns educating the attorney the application of technology in solving cases so as to fasten the ways of helping their needy clients. Also educate them on distributing useful information via e-mail to ensure quality of articles, motions and other important documents.

Houston Federal Bar Association and the Texas Southern District Chapter
The association has the power to ensure that all attorneys in the southern district are served efficiently. Southern Texas Chapter has developed in the past time and its thus the second largest FBA chapter in Texas.

Local Texas Bar Association-Bar Association of Amarillo
It indicates what type of information of the services availed in Texas Panhandle. It helps needy members to gain access to good and qualified attorneys via online sources and also find experts of a given law field providing information to their own media.

Other association under the Texas Bar Association include, Best southwest bar, Cedar Hill,
Austin Bar Association, and the bar association of Copus Christi. Any TBA certified attorney should be familiar and well understand these associations.

Lawyers does not only represent individual criminals but also corporate, civil and criminal issues as a business setting. Becoming an attorney in Texas is not that easy as it takes long and requires schooling extensively.

Tips on how to become a TBA certified attorney

1. Excel in school
2. Take advantage of practical education
3. Maintain a focus
4. Complete your paperwork on time.
5. Stay commitment to the process.


Tuesday, May 14, 2013

Joining Texas Bar Association as a DWI Attorney – Simple Tips on TBA.org by Texas Lawyer Joe B Garza



The Texas Bar Association is known to have the best people who will be able to defend your cases the best way they can. You are sure that you won't be having any problems when it comes to dealing with your rights for these people are known to have the knowledge and the competence to protect and defend you from the things you need that concerns the laws in Texas.

Joining Texas Bar Association is a privilege for all since the administration supports its citizens to maintain the equality of justice for all no matter who are they in the society. Learn some helpful tips in this article by Texas Lawyer Joe B Garza. 

The administration also promotes an ethical conduct for all its lawyers, which is why these lawyers maintain that kind of standard and respect for people who needs them. These lawyers also provide the right information the public needs concerning the law and they also help promote diversity in seeking justice for those who needs it and to practicing the law in Texas, the right way. Being a member to this association do not just give you a good sum of money to earn but you should also consider the fact that there is a huge amount of responsibility that entails it.

Why a Texas DWI Attorney Earns More?
· A Texas attorney earns more because the case filed is actually a criminal one. If you notice, drunk drivers in other estates just get along with a simple act of community service. In Texas, they aim to protect its citizens the best possible way, which is why they proposed laws that will maintain the safety of every individual while on the streets. Attorneys ensures that once you are caught with this violation, you won't surely runaway with it that is why they are paid more than any attorneys because of the dedication and the hard work they put on every case.
· It may be impossible to win your way around your DWI case but finding the experienced attorney for this will surely serve your purpose. Texas sees to it that their roads are safe for everyone to drive and if you are caught drunk driving, there is surely a least possible way to win the case.

If you are the person who is an expert in handling DWI cases, then Joining Texas Bar Association is the best thing that you can do for it is the best choice for people who are looking for the right attorneys to handle cases like this. You also have to make sure that you already have handled previous cases like these before with wins, so you will be getting a spot in the Texas Bar Association.

Thursday, May 9, 2013

An Aspiring TBA Texas Lawyer Like Joe Garza B Has A Number Of Different Options





Law School

The process of becoming a Texas Lawyer is something that can challenge you. It is important that you remain flexible and don't try to say that you are going to specialize in a specific type of law as you are going to law. Law school is typically going to give you a general overview of different types of law around the country. The University of Texas Law School has students that come there from all around the world, this is a big reason why the University of Texas Law School does not focus exclusively on law in the state of Texas. People can find a number of great tort courses at the University of Texas and you can get the necessary number of hours to be properly prepared to take the Texas bar exam.  Use these tips by TBA Texas Lawyer Joe Garza B to get ahead with your legal career.

Real Estate

A Texas Lawyer may want to practice real estate law. The choice of real estate law can make a big difference in any community. People are always buying property and even when properties have been abandoned or foreclosed, there is still a need for a real estate attorney. There are a number of wealthy people in the state of Texas that could benefit from the idea of hiring a tax attorney.

Contracts

Baylor Law School is well known for helping their students know how to write a proper contract. The contracts that are written by a former student and practicing Texas lawyer can also be tied to probate law. An attorney can help you understand the different contracts that can be drawn up and how important it is to honor those contracts. A tax attorney and a probate attorney can have overlapping duties when you are trying to organize someone's estate as they are transferring some of their wealth to their family.

Drunk Driving Cases

There are courses available at all Texas law schools that allow you to learn more about how to assist a client that is dealing with a drunk driving arrest. A Texas attorney does not want to see their client lose their license and thus their ability to work if they are convicted on a drunk driving charge. A lot of clients may truly need help working their way through the appeals process. An attorney has to file a formal appeal for the client. The attorney has to be able to negotiate with a judge on the sentencing process. The skill of negotiation is very important for a Texas Lawyer.