H e r m a n    H o w r y    &    B r e e n L.L.P.    N e w s l e t t e r
Litigation issues and industry commentary from Herman Howry & Breen
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Wide Variety of Cases
Keep Attorneys at Herman Howry & Breen Busy This Fall


Recent Case Successes
for Herman Howry & Breen LLP

Business Litigation - Tim Herman and Lisa Clute are helping Capital Sports Entertainment (CSE) and its client, Austin City Limits, the flagship program of Austin's public television station KLRU, recover sponsorship money that was never paid. Schlotzsky's committed to a three-year/$500,000-per year contract in funding to KLRU. When Schlotzsky's reneged on the final year of their contract, owing KLRU $500,000, KLRU was left with expenditures it couldn't cover. CSE called on Herman Howry & Breen for help. Herman filed the lawsuit against Schlotzsky’s NAMF, the company’s advertising and marketing affiliate. The case is currently pending in a Travis County district court.
Gross Negligence / Product Liability / Wrongful Death - Sean Breen and Randy Howry represented the family of a young father and husband who died in a work-related accident. The worker was put in a fatal situation and fell 220 feet when a cable snapped while he was being hoisted up a communications tower. Breen and Howry secured one of the largest settlements in the history of Taylor County for the widow, child, and parents of the deceased.

Product Liability - Sean Breen argued in the Texas Supreme Court in late October on a product liability fire case involving issues of expert witness qualification and the discretion of trial judges to admit or deny such testimony.

Randy Howry recently represented a man who sustained a serious hand injury in a products defect case involving a table saw. The case settled favorably for Howry’s client.

Licensing Agreement - Sean Breen successfully represented the Austin Duck Adventures in a sound mark and trademark dispute. A company from another state claimed that Duck Adventures infringed on a mark by using duck calls on the Duck Adventures amphibious tours. Breen negotiated a resolution and Duck Adventures is once again carrying on with their business quacking like before.

Habitat for Humanity Legal Build Needs Support of Attorneys

The Austin Bar Association is coordinating fundraising efforts to complete the construction of a home in southeast Austin that is part of the Austin Habitat for Humanity Legal Build program. The house will become the home of Raymundo and Martha Castillo and their two children. A total of $60,000 needs to be raised to complete the house’s construction and finish out.

“The hope is that we have the money raised by January so we can start construction on the house,” comments Michael Willard, executive director, Austin Habitat for Humanity. “The Bar is a little over one-sixth of the way toward meeting their goal.”

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Herman Travels to Africa for AIDS Initiative

Tim Herman will travel to Nigeria for 10 days in January, 2005, to support initiatives and programming of the President's Emergency Plan for AIDS Relief (PEPFAR). PEPFAR is a five-year, $15 billion initiative launched in 2003 to provide AIDS prevention, care and treatment in 15 developing countries, including Nigeria.

Herman has been assisting Nigerian clinics and foundations which provide HIV treatment and other forms of assistance from support groups to education of aids orphans. He is working directly with President Bush's Domestic Policy Advisor and the State Department PEPFAR Director to implement funding for these programs.

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Lisa Clute
Brings International Experience to Firm

Lisa Clute is a lawyer with ten years of experience. She originally joined the firm in 1999, and returned in 2002, after working with White & Case in Moscow and London. Clute has experience in commercial litigation, international arbitration and corporate transactions. She has represented clients in cases involved in state and federal litigation, administrative proceedings and dispute resolution procedures in Texas, including eminent domain proceedings and other real estate matters.

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Taking Time to Help Out in the Community

The holidays and the start of a new year inspire a desire to give back to the community in some way. Below are some links that offer a wide variety of ideas and opportunities.

www.volunteermatch.org This site offers a long list of diversified opportunities for individuals and groups to help out in the Austin area. Look under the section “Top Metros” on the right side of the home page and click on your city.

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   Copyright Herman Howry & Breen, L.L.P. 2003