Business Practice Areas

Business Practice Areas

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Appeals
The appellate attorneys handle all appeals generated by the firm’s litigation practice, and are recognized as a source of sound judgment when clients need to weigh their chances of success against the economics involved in prosecuting an appeal. The group collaborates with litigators, both within the firm and from outside counsel firms, to frame legal theory, draft motions, preserve the record, and provide preservation of error before, during and after trial. The firm is frequently sought out directly by corporate clients or by other law firms to handle appeals in a range of substantive areas, involving virtually every aspect of civil law. Ramey & Flock’s appellate practice anticipates and is thus positioned to manage trial emergencies and provides services including, but not limited to the following:

  • Serving as lead or co-counsel on appeal
  • Handling temporary injunctions, certification matters and other evidence-related hearings
  • Researching and analyzing complex legal issues
  • Seeking or resisting sanctions, particularly in discovery matters
  • Preparing or responding to motions to exclude expert testimony
  • Preparing or responding to motions for summary judgment
  • Monitoring a trial to assist in preserving appellate complaints, particularly when the case poses a high risk of an adverse jury verdict
  • Preparing and collaborating on trial briefs
  • Preparing amicus briefs
  • Preparing the court’s charge and attending the charge conference at trial
  • Preparing or responding to post-trial motions
  • Handling mandamus actions or interlocutory appeals prior to trial
  • Representing clients in appellate mediation

Our trial support services are solidified with experience. The team will continuously research and assess all elements of your case. Expect Ramey & Flock and Smith Legal, PLLC at your side before, during and after.

Notable Cases

Landgraf v. USI Film Products, 511 U.S. 244 (1994); Kinney v. Weaver, 367 F.3d 337 (5th Cir. 2004)(en banc); Patterson v. Mobil Oil Corp., 335 F.3d 476 (5th Cir. 2003); in re E. I. du Pont de Nemours & Co., 136 S.W.3d 218 (Tex. 2004); In re E. I. duPont de Nemours & Co., 92 S.W.3d 517 (Tex. 2002); State Farm Mut. Auto. Ins. Co. v. Whitehead, 988 S.W.2d 744 (Tex. 1999); Stuart v. Bayless, 964 S.W.2d 920 (Tex. 1998); May v. United Serv. Ass’n of America, 844 S.W.2d 666 (Tex. 1992).

Banking
Ramey & Flock’s attorneys offer a diverse and broad base of experience in representing banks of all sizes in numerous transactional, employment, and litigation areas of the law, including:

  • Commercial lending transactions
  • Labor & employment matters
  • Collection activities
  • Bankruptcy/creditors’ rights matters
  • Lender due diligence

Whether it is negotiating and documenting lending transactions, providing advice on the employer-employee relationship, or enforcing the banks rights against debtors through collection activities or in bankruptcy court, the attorneys at Ramey & Flock understand the need for quick, decisive, and appropriate legal advice for those in the banking industry. And, Ramey & Flock has the experience to deliver for its clients here in Tyler, across East Texas and throughout the State of Texas.

Business & Commercial Litigation
Ramey & Flock’s business and commercial litigation practice is a fundamental area of the firm’s trial practice. Our attorneys serve individuals and groups looking to start, buy or sell a business, and also handle a diverse range of business and commercial disputes, including oil and gas, real estate and contract litigation.

Representation in these areas brings challenges of all kinds. That’s why a proven record of success, one like Ramey & Flock’s, has such a high value. Our attorneys possess a broad base of experience, which enables them to handle the business interests of our clients, many of them Fortune 500 companies, with acute ability. Ramey & Flock has an extensive background in the following areas:

  • Business Transactions
  • Business Torts
  • Construction Litigation
  • Consumer Litigation
  • Contract Disputes
  • Professional Liability/Malpractice
Business Formation

Entrepreneurship is one of the foundational characteristics that make this nation great. And, Ramey & Flock, P.C. understands that when an idea is hatched, there is a quick need for quality legal advice to determine what business entity should be formed and how it should be structured. So, Ramey & Flock steps in the gap to bridge the gulf between an idea and the legal reality of forming a business, to give protection and guidance to entrepreneurs, and to form a business entity not just the immediate needs of today, but looking ahead toward the growth and successes tomorrow.

We work closely with individuals to understand the nature of their business, to grasp the vision for that business tomorrow, and to anticipate any potential risks or issues that can be effectively dealt with on the front-end during the formation process. The attorneys here seek to build a relationship that can develop and grow over time and its client’s businesses grow. And, Ramey & Flock is uniquely situated to be able to provide other support services in the area of Labor & Employment and business litigation if the need arises in the future.

Whether it is just a few questions about a simply business formation matter, or a complex matter involving an existing business, Ramey & Flock can handle the task with professionalism and personal service.

Class Collective Action

Ramey & Flock has a class action and collective action practice spanning the state and federal court systems. Andrew Stinson leads the practice that handles class and collective action litigation at the trial level and Greg Smith handles the appellate level. The firm’s representations have primarily included the defense of corporations in areas such as wage and hour issues, discrimination, consumer fraud, products liability, professional negligence, and oil and gas disputes, some of which have defined the scope
of class action and collective action law.

Collections

As a complement to the bankruptcy/creditors’ rights practice of Ramey & Flock, it also offers clients substantial experience in collecting debts-from large to small. The firm has experience representing business owners and individuals, whether secured or unsecured creditors, in the collection of unpaid debts throughout all stages of the debt collection process including court litigation and up through bankruptcy proceedings. Collection services include:

  • State court collection litigation
  • Obtaining writs of attachment
  • Obtaining turnover orders
  • Receivership actions
  • Post-Judgment collection actions
  • Creditor representation in bankruptcy proceedings
  • Mineral & Materialmen’s lien enforcement and foreclosure
  • Trade debt and accounts receivable collection
  • Real estate foreclosure

Ramey & Flock understands the importance of keeping their word. And, when others don’t by refusing to pay valid debts, Ramey & Flock is there to enforce the rights of creditors and ensure that appropriate collection activities occur. In the process, Ramey & Flock helps creditors understand the limits available for debt collection, and prevents their clients from taking steps that are not permitted under the law. Whether the debt is large or small, Ramey & Flock stands ready to help their clients justly and appropriately collect those debts as efficiently and quickly as possible.

Commercial Transactions

The commercial transactions group of Ramey & Flock provides legal services in transactional law including corporate and partnership agreements, business transfers and buyouts, entity formation, all manner of banking law, and complex incorporation matters with specific expertise in the health care and oil and gas industries.

Construction

Ramey & Flock’s attorneys have represented parties to facilitate solutions to problems encountered in the development and construction of commercial and private properties in both the transactional and litigation phases of issues, including:

  • Contractor/subcontractor disputes
  • Owner/contractor disputes
  • Filing or removal of mechanic’s liens
  • Construction defect claims
  • Construction insurance claims
  • Personal injury claims

Ramey & Flock’s skilled litigation and transactional attorneys ensure that its clients are covered throughout the process of development and construction or commercial and private properties. The attention to detail given to documents, professionalism and practicality in approaching problems, and willingness to litigate when necessary are attributes of Ramey & Flock’s attorneys that lead to efficient and positive results for its clients in the area of construction law.

Creditors' Rights

Ramey & Flock’s attorneys have represented parties to facilitate solutions to problems encountered in the development and construction of commercial and private properties in both the transactional and litigation phases of issues, including:

  • Contractor/subcontractor disputes
  • Owner/contractor disputes
  • Filing or removal of mechanic’s liens
  • Construction defect claims
  • Construction insurance claims
  • Personal injury claims

Ramey & Flock’s skilled litigation and transactional attorneys ensure that its clients are covered throughout the process of development and construction or commercial and private properties. The attention to detail given to documents, professionalism and practicality in approaching problems, and willingness to litigate when necessary are attributes of Ramey & Flock’s attorneys that lead to efficient and positive results for its clients in the area of construction law.

General Litigation

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Government - Municipal Liability

Government entities face a two-fold challenge in the legal world. They are subject to private laws, as well as government-specific regulations. With experience defending numerous cities and counties, as well as other municipal factions, Ramey & Flock understands and is prepared to assist their governmental and municipal clients in all forms of liability litigation, from breach of contract to civil rights issues, and inclusive of all constitutional law.

Health Care

Health Care liability has dramatically increased along with regulatory compliance. Ramey & Flock represents healthcare providers and entities with administrative matters and in the courtroom. Ramey & Flock defends healthcare employers against civil and administrative claims. In addition, Ramey & Flock works with the healthcare entities in developing prevention programs to aggressively deter liability. Ramey & Flock has the experience to help healthcare providers and entities work to minimize potential liabilities and to defend against claims asserted against those entities or individuals.

Insurance Defense

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Intellectual Property

Intellectual property cases are always highly complex and no two are ever the same. Ramey & Flock’s intellectual property team truly offers the full range of skills and experience for all local and co-counsel needs. Greg Smith holds degrees in chemistry and chemical engineering, and Andrew Stinson has represented a wide array of technology companies.

Ramey & Flock’s intellectual property attorneys understand the law and the complexities of this type of litigation. They have co-counseled on some of the most high-stakes intellectual property cases ever litigated.

At every step and stage of the case Ramey & Flock will provide guidance and counsel based upon decades of experience. Their knowledge will be an asset put to work to bring you the most favorable results.

Labor - Employment
Ramey & Flock’s labor and employment law department includes Andrew Stinson & Eric Kolder who have experience with traditional and non-traditional labor and employment issues. Ramey & Flock has extensive experience before the Equal Employment Opportunity Commission, the Department of Labor, the Texas Workforce Commission, National Labor Relations Board and in state and federal courts in the following areas:

  • Discrimination
  • Harassment (hostile work environment)
  • Retaliation
  • Wrongful termination
  • Defamation
  • Invasion of privacy
  • Non-competition agreements
  • Trade secret theft
  • Wage and hour issues
  • Misappropriation of confidential or proprietary business information

The concerns that employers face are detailed, and must be navigated with knowledge. Our employer clients trust us to guide them, whether we represent them in an administrative proceeding or lawsuit, or provide counsel regarding policy.

Ramey & Flock counsels clients in the following areas:

  • Executive compensation and agreements
  • Compliance with local, state and federal regulations and laws
  • Policy and procedure drafting and implementation
  • Contract and other written agreement preparation
  • Hiring processes
  • Employee training and counseling
  • Wage and Hour Issues
Mediation

Complex legal matters become more so when they enter the courtroom. Reaching an agreement privately is, more often than not, a desirable goal. Professional mediation provided by a capable and experienced source is the most preferable means of arriving at a mutually advantageous outcome. Tom Henson, who holds an AV peer-review rating, is the recipient of a Justinian Award, a Texas Super Lawyer, and a fellow of the American College of Trial Lawyers since 1989, heads Ramey & Flock’s mediation department. Mr. Henson’s legal career of more than 40 years has imbued in him great wisdom, insight and perception for mediating under a vast variety of circumstances. His practice has included numerous disputes and lawsuits involving product liability, trucking accidents, commercial issues, breach of contract, breach of warranty, business torts, oil and gas issues, and serving as local counsel in patent cases.

Oil & Gas

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Personal Injury

Ramey & Flock handles a wide area of personal injury matters, almost exclusively representing defendants, including local employers, business owners and individuals who have been sued with claims involving personal injury and wrongful death arising from products liability, general negligence, and other actions.

Premises Liability

Ramey & Flock has a widespread background representing property owners, management companies, landlords, tenants and commercial chains, in lawsuits where compensation is sought for alleged Americans with Disabilities Act violations, slip and fall, assault, wrongful detention, and illegal arrests. The trial experience of our attorneys has prepared them to handle the following types of cases:

  • Falling merchandise
  • Negligent maintenance
  • Dram shop and liquor liability claims
  • False imprisonment claims
  • Criminal acts stemming from premises security
  • Slip and fall
  • Premise defects
Probate Litigation - Estate Disputes

Ramey & Flock’s probate litigation and estate dispute practice involves contested wills, trusts, guardianships and heirships.

On will contest cases, Ramey & Flock’s attorneys litigate whether a will should be set aside due to undue influence, lack of testamentary capacity, or tortious interference with inheritance. Other frequent probate issues are determining who the correct heirs of the estate are, deciding what property should be included in the estate, assessing what share of the estate each heir should receive, and analyzing whether the real estate inherited by the heirs needs to be partitioned between them.

Ramey & Flock represents clients in fiduciary litigation involving whether an executor, administrator, trustee or guardian has discharged his or her duties properly. If improper actions are present, the question then becomes whether that person should be removed from office and be found liable for damages.

On contested trust matters, Ramey & Flock works on litigation to modify the terms of the trust, and determines whether the trustee is administering the trust properly and making proper distributions from the trust.

In guardianships, the issues are often whether the person in question is truly incapacitated and, if so, who should be appointed as the guardian.

Regardless of the nature of the disputed estate, trust or guardianship matter, Ramey & Flock’s attorneys stand ready to vigorously represent the interests of their clients.

Real Estate

Real estate law is very detailed with an independent set of procedures and protocol. Ramey & Flock’s real estate practice, lead by Andrew Stinson, understands these intricacies and the weight real estate matters have on a business or individual’s reputation and finances. Our attorneys represent clients in all types of real estate and financial transactions stemming from joint ventures, acquisitions, development, disposition of real estate projects, sales and leasing.

Transportation - Trucking

Ramey & Flock has long served the operators and insurers of 18-wheelers and other commercial vehicles. We have represented clients facing the legal issues that come along with shipping processes and interstate commerce, as well as the following:

  • Truck accidents
  • Tort liability defense
  • Weight violations
  • Insurance coverage issues
  • Personal injury suits
  • Wrongful death claims
Trial Support - Consultation

Our trial support and consultation services are solidified with experience. Whether in trial court, appellate court or in the state and federal courts, we offer a range of services pre-trial, during trial, and post-verdict, including:

  • Pre-suit litigation analysis – Development of strategies for claims, defenses, parties, nike free running shoes forum selections, and settlement.
  • Law-based motions – Handling of law-intensive motions and motions for summary judgment.
  • Discovery and evidentiary issues – Handling hearings and mandamus proceedings over discovery disputes, expert issues and evidentiary matters.
  • Preservation of error – Assisting trial counsel during jury selection, evidentiary presentation, closing arguments and receipt of verdict.
  • Trial court briefing – Drafting trial briefs that address legal issues arising during trial.
  • Jury charge matters – Preparing and arguing the jury charge. The best Nike Free Running Shoes for sale for men.
  • Post-verdict motions – Development of potential appellate arguments.
  • Record preservation – Working with trial counsel to ensure the appellate record is comprehensive.
  • Supersedeas and stays – Supporting trial counsel in superseding judgment and staying execution during appeal.
Wills - Probate - Estate Planning

Preparation for the protection and distribution of your assets is often difficult, but is a very important task to complete. Probate litigation was one of Ramey & Flock’s first practice areas, originally handled by Jack W. Flock, firm founder. Attorneys Steve Spitzer, Andrew Stinson, Eric Kolder and Archer Ramey now make up a team prepared to handle and assist at every step, from a will’s creation, to probate litigation to probate appeals. These litigators understand the challenges that arise during disputes over an estate. They handle these matters in a business-like fashion, but are consistently aware of the delicate relationships that may be involved.

Our probate expertise is focused in will contests, trust disputes, guardianship disputes, executor and trustee issues, heir determination, and contested estate, probate, guardianship and trust matters. We practice with dignity, and strive to uphold the wishes and values of our clients.

Our wills and estate planning services include preparing for the distribution of assets and the perpetuation of family businesses. We draw on our knowledge of the law in the areas of wills, trusts, probate, marriage and property. We also advise clients in the following:

  • Joint ownership of property
  • Family limited partnerships
  • Limited liability companies for the management of property and lifetime transfers to family members
  • Living wills
  • Advance health care directives
  • Powers of attorney
  • Revocable living trusts
  • The effect of income tax on their assets

The Ramey & Flock team also settles estates by means of preparing and filing pleadings and other documents in the appropriate probate court, organizing estate assets, compiling an inventory of assets, settling claims, reviewing accountings, and interpretation and allocation of assets according to written wills.

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