Alternative Dispute Resolution
Driven by the cost-reduction efforts of many businesses and insurance companies, the field of Alternative Dispute Resolution ("ADR") has grown dramatically in recent years. Attempts to resolve disputes take place across the economic marketplace, and in some instances, before parties resort to litigation. Mediation and arbitration can be used effectively in a variety of legal fields, including labor, health care, business, railroad, insurance, and many other practice areas.
At McCue Pauley & Associates, we are familiar with both the state and federal rules and regulations governing mediation and arbitration. Our attorneys have experience with confidential and private ADR, court-ordered mediation and arbitration, as well as ADR provided through private channels, including the American Arbitration Association (AAA).
Based on the client's established business and economic objectives, our ADR team employs a number of legal tools aimed at maximizing the opportunity for early and cost effective dispute resolution, including the use of appropriate mediation papers, psychological tools, focus groups and proven negotiating strategies.
The McCue Pauley & Associates Appellate Law group is comprised of attorneys with experience in a variety of practice areas. In addition to handling appeals in which our firm participated at the trial court level or before an administrative agency, we also handle appeals of cases tried by attorneys outside the firm. If possible, we involve the trial attorney in the appellate process to save time and money in the preparation of the appellate record, the briefs, and in formulating the strategies for oral argument.
The attorneys at McCue Pauley & Associates who practice appellate law are licensed to practice in all state and federal courts in Texas as well as before various federal appeals courts, including the United States Court of Appeals for the Fifth Circuit which governs appeals from Texas Federal Courts. Additionally, many of our attorneys are also admitted to practice before the Supreme Court of the United States.
For more information regarding an individual attorney's court admissions, please visit the biographical section of our Web site.
Examples of appeals matters in which McCue Pauley & Associates attorneys have participated include:
- Appeals from state trial courts to, among others, state appellate courts across the state of Texas;
- Appeals from federal trial courts to the Fifth Circuit Court of Appeals;
- Appeals from the appellate level to both the Texas Supreme Court and to the Supreme Court of the United States;
- Appeals from bankruptcy decisions to the district courts;
- Appeals from decisions of the National Labor Relations Board to the appropriate United States Court of Appeals; and,
- Administrative appeals and judicial review of state and federal administrative actions.
Attorneys in the Aviation group at McCue Pauley & Associates are practicing pilots, who combined, have thirty years of experience in navigating the complex relationship between federal and state statutory and administrative regulations which govern this area of practice, including those directly related to the insurance industry. This group has litigated in federal court, state court, and before administrative agencies.
Examples of aviation litigation matters in which McCue Pauley & Associates has participated include:
- Major catastrophic air crash cases in the United States, and representation of corporate defendants in air crash cases occurring outside the continental United States;
- Defense of products liability actions involving air crash cases with personal injury and/or wrongful death;
- Defense of property damage claims to aircraft including insurance carrier dispute resolution;
- Insurance coverage opinions and declaratory judgment actions involving insurance coverage; for aviation policies, both in the United States and under policies written in foreign countries; and
- FAA certificate actions for corporations, and individuals. Our pilot/lawyers have ready access to weather data, radar data, expert witnesses, and technical aviation reference materials.
Examples of aviation counseling/aviation transactions in which McCue Pauley & Associates has participated include:
- Planning, negotiation, and certification of a private airport facility;
- Negotiation for acquisition of an existing airport facility; and
- Property damage claims arising out of physical damage to airport facilities.
Services offered by the Business Law group address a variety of legal and business issues, including corporate, commercial, financial, employment and other pertinent legal concerns. These services compliment a number of other practice areas of the Firm, including Corporate & Securities Arbitrations, Antitrust, Health Care Law, Commercial Litigation, Labor and Employment Law and International Business.
In addition to serving as an adjunct in-house counsel to companies with a national, or international presence, the McCue Pauley & Associates Business Law group also provides a variety of legal services to companies without in-house counsel.
Examples of business law matters in which McCue Pauley & Associates has participated include:
- Providing real estate advice in conjunction with others in selected transactions;
- Securities litigation and arbitration in selected cases;
- Loan transactions, financing, re-financing, work-outs and lender liability;
- Providing tax advice and counseling in conjunction with others in selected transactions;
- Contractual drafting and negotiations;
- Structuring business organizations including corporations, partnerships, limited partnerships, limited liability companies, and all related business organizations;
- Acquisitions and dispositions of assets, businesses and business transactions;
- Corporate reorganizations, liquidations, consolidations, mergers and divestitures;
- Negotiable instruments issues under the U.C.C.;
- Labor and employment issues;
- Securities interest issues under the U.C.C.; and
- Preparation of employee manuals and handbooks of office policies and procedures.
Based on the client's stated business objectives, the McCue Pauley & Associates Commercial Litigation group advises clients on a wide range of matters, offering legal strategies designed to resolve business issues promptly, and in a cost-effective manner. Attorneys in this group are experienced in client representation in both state and federal courts, as well as mediation and arbitration (see "Alternative Dispute Resolution").
In each case, attorneys create a litigation plan designed to maximize our client's potential rewards, and a budget to help minimize the risks and expense of business litigation. The Firm's use of high technology aids in the cost-effective delivery of services, and is an integral part of the Firm's approach to commercial litigation.
Examples of the types of commercial litigation matters in which McCue Pauley & Associates has participated include:
- Antitrust: prosecution and defense;
- Asset location: collection and enforcement and fraudulent transfers of assets;
- Asset protection and litigation in selected cases;
- Banking: debt recovery and actions;
- Construction disputes;
- Consumer fraud: Deceptive Trade Practices; and Real Estate fraud;
- Contract disputes;
- Corporate: including breach of warranty claims, shareholder disputes and actions for and against directors and officers;
- Director and Officer liabilities;
- Employment contracts: including covenants not to compete, confidentiality agreements, theft of and preservation of trade secrets;
- Insurance: coverage disputes, subrogation and indemnity;
- Professional negligence: defense and counseling/architects; physicians; engineers and lawyers;
- Pre-trial remedies: including temporary restraining orders, attachment and sequestration;
- Property: including landlord and tenant disputes;
- Securities litigation and arbitrations in selected cases; and
- Trade secrets: creation, enforcement and protection.
Corporate & Securities
McCue Pauley & Associates attorneys provide a wide range of corporate legal services for small to medium size businesses. We are also accustomed to working in a collegial manner with your accountants and other financial advisers to attempt to achieve the business objectives in the shortest time and at a reasonable cost.
Examples of corporate legal services provided by McCue Pauley & Associates include:
- Formation of business entities such as corporations, and other business entities such as partnerships, Limited Liability Partnerships (LLP’s) , and Limited Liability Corporations (LLC’s_);
- Assistance with regard to business mergers, acquisitions, joint ventures, joint enterprises, and the various problems and issues arising from the sale of the business to partial sales and even business dissolutions;
- Preparation and review of employment contracts, severance agreements including concerns regarding trade secrecy, computer security, and non-competition agreements;
- Negotiation and assistance with banks, lenders, factors, and secured creditors regarding financing, refinancing, terms, and voluntary financial workouts;
- Conduct of outside independent investigations for Boards of Directors in selected sensitive cases;
- Counseling for the entire range of labor related problems that arise in small to mid-size businesses. See the Labor and Employment section of this web page for additional details concerning the wide range of labor and employment related services provided; and
- Finally, where necessary, McCue Pauley & Associates provides a full range of commercial litigation services for formal dispute resolution.
Health Care Law
Attorneys in the McCue Pauley & Associates Health Care group have represented a wide variety of health-care professionals and institutions in litigation, dispute resolution and risk management. We also have assisted health care professionals with counseling and the structuring of business and professional transactions. Our representation has extended to all types of physicians and their professional associations, pharmacists, and to other allied health-care professionals. Assistance is provided to health care professionals throughout the State of Texas.
Examples of health care matters in which McCue Pauley & Associates has participated include:
- Alleged professional negligence in virtually all medical disciplines;
- Assisting physicians as personal counsel in cases where there are insurance coverage problems and disputes, or where no insurance may be available. These may include medical director liability issues, deceptive trade practice claims, and misrepresentation and\or fraud issues;
- Institutional liability including mental-health claims and HMO actions;
- Physician problems with credentials, peer review-hospital committee action, or impaired physician status;
- Structuring the organization and disposition of health care entities including formation, mergers, acquisitions, dispositions, HIPAA compliance, and litigation;
- Complex litigation involving mass torts including breast implants, Norplant birth control devices, orthopedic pedicle screw litigation, and currently, the diet drug (Fen Phen) litigation involving anorectic medicines; and
- Working with other practice groups with regard to labor and employment problems of all varieties.
Regardless of size or commercial endeavor, almost any business can find themselves faced with significant and complex insurance-related disputes. The McCue Pauley & Associates Insurance Law group has participated in numerous types of insurance disputes, and on behalf of our clients, have successfully utilized a variety of cost-effective measures aimed at resolving issues.
Many insurance disputes do not involve litigation, but may instead require legal research and interpretation of the complicated and technical language often used to write policies. In situations where more than one insurance company is involved, each with varying insurance coverages and conflicting policy interpretations, legal assistance may be necessary in order to resolve the dispute.
Examples of insurance law matters in which McCue Pauley & Associates has participated include:
- Insurance policy interpretation and coverage opinions on most types of insurance policies;
- Mediations and arbitrations under ADR insurance clauses;
- Dispute resolution among competing insurance carriers with concurrent insurance coverage;
- Dispute resolution among primary and excess insurance carriers or sequential carriers;
- Declaratory judgment actions for policy interpretation with one or more insurance carriers;
- Mediation and arbitration for policyholder disputes;
- Bad faith actions against insurance companies where appropriate;
- Analysis of insurance broker issues and liabilities.
Labor & Employment Law
The Labor and Employment law group at McCue Pauley & Associates has experience handling many types of labor matters on behalf of businesses and individuals in state and federal court and before administrative agencies. We offer preventive counseling to help educate employers in handling sensitive employment issues and settle disputes before claims arise. Additionally, attorneys can provide assistance to employers on issues such as threatened union campaigns and elections.
Many times, mediation/arbitration or other dispute resolution may be a viable option to help employers resolve employment disputes. Prior to finalizing a legal strategy, our team assesses each situation to determine if Alternative Dispute Resolution would be an appropriate choice for our client.
Examples of employment law matters in which McCue Pauley & Associates has participated include:
- Employment discrimination including:
- Sexual Discrimination;
- Sexual Harassment;
- Age Discrimination - ADEA;
- Religious Discrimination;
- Racial Discrimination;
- Americans with Disabilities Act Discrimination;
- Wrongful termination including retaliatory discharge/Whistle blower;
- Family and Medical Leave Act;
- Covenants Not to Compete;
- Claims for Intentional Infliction of Emotional Distress;
- Unfair labor practices including appeals from unfair labor practice decisions in the federal courts;
- Non-union corporate counseling; and
- Protection of and remedies for theft of trade secrets.
The Railroad Law Group has experience in handling challenging matters on behalf of railroad companies in both state and federal courts:
- FELA cases;
- Railway Labor Act;
- Texas Labor Code Ann. § 451.001 (formerly Texas Workers' Compensation Act, Tex. Rev. Civ. Stat. Art. 8307c) regarding retaliatory discharge;
- Claims for Intentional Infliction of Emotional Distress, and retaliatory discharge;
- Employment and Labor Related Issues (see Employment and Labor page);
- Federal Safety Appliance Act / Federal Boiler Inspection Act;
- Third-party liability;
- Products liability; and
- Railroad crossing accidents.
Real Estate Law
In commercial and residential real estate transactions, when litigation counseling and advice are required, McCue Pauley & Associates attorneys work with their real estate counterparts to provide the necessary input to attempt to avoid pitfalls and transaction related litigation. We do litigate in selected cases in the real estate field including both residential and commercial litigation.
Examples of real estate related litigation and advice in which McCue Pauley & Associates has participated include:
- Legal advice regarding a new residential community;
- Litigation regarding fraudulent concealment of fire damage in residential real estate;
- Litigation regarding inadequate roofing and water damage in multi-family housing;
- Litigation regarding residential and commercial concrete slab and foundation damage;
- Litigation regarding retaining walls and subsurface subsidence and damage; and
- Litigation regarding fraudulent transfers of real estate.