In This Issue. Ethan Gibson is fulkerson Lotz's newest partner

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1 First Quarter 2017 Ethan Gibson is fulkerson Lotz's newest partner In This Issue Ethan Gibson is Fulkerson Lotz's Newest Partner...Page 1 Fulkerson Lotz Attends ACC Ethics Seminar & Golf Spa Event...Page 2 Fulkerson Lotz Saves Client Estimated $1.2M in Rare Summary Judgement AAA Ruling...Page 3 Fulkerson Lotz Hosts Houston Baylor Lawyer Networking Reception...Page 4 Law Firm Partners with HYLA in Annual Adopt an Angel Program...Page 4 Fulkerson Lotz Hears From Noted Author...Page 5 Partner Named Super Lawyers Rising Star...Page 5 Fulkerson Lotz Attends Casa De Esperanza Luncheon & Meet and Greet...Page 6 Wes Lotz Speaks at Memorial High School...Page 6 The decision to admit Ethan Gibson into the Fulkerson Lotz partnership was easy per founding Partner Tom Fulkerson. I felt sure we had a Partner on our hands when as a first year associate, Ethan jumped into fray and handled a jury charge conference for us several years ago when I was sick. He just did a fantastic job against much more seasoned counsel. He was one of those guys who within a few minutes of meeting you understood had extra candlepower and drive. We are lucky to have him. Gibson admits he feels as if he was born to be a litigator. My family has some great stories about how strong willed I was even as a toddler, Page 1 which support the point. He also credits his father as an example, who was also an attorney. Like most of us however, he encountered some detours along the way. Specifically, a few years as an information technology specialist including a stint, at age 22, as an IT manager overseeing 25 employees. Gibson adds, I am glad that I had that experience, but I knew that I would be going back to school someday to get my law degree. After majoring in Political Science and Spanish at The University of Central Missouri, Gibson enrolled at the University of Houston Law Center, graduating in Gibson says he had intended to study information technology in college, but because of his work experience the courses were not very challenging. So, he says, I committed to studying politics and learning another language. Still, Gibson says that he still keeps up with information technology from a 30,000 foot view being that his IT background has certainly helped in current cases. He mentions a recent case involving BancPass, which involved electronic toll devices and rental cars as a case in point. When IT issues are present in a case - which is almost always - it reassures the client that they have the right lawyer and it allows me to quickly hone down to the key issue - hopefully before the other side has figured it out. Despite that Gibson says that he has no plans to specialize, but instead is opting for a balanced practice noting he has significant experience (Cont.)

2 Ethan Gibson is fulkerson Lotz's newest partner (Cont.) in trade secret claims, injunctions, business divorces, and good old fashion breach of contract and fraud cases. When asked what kind of case he would most like to handle he says, with tongue firmly planted in cheek, A billion dollar one. Gibson says his promotion to Partner is, an incredible honor, and one that I have been working towards since my first day as summer clerk. To me, it means that my fellow Partners, with their decades of litigation experience, trust my judgment and abilities as an attorney. He admits that the promotion does bring a bit more pressure but is quick to point out, any litigator who is deterred by pressure is in the wrong business. Partnership, according to Gibson, also means an added layer of economic and managerial considerations for the firm that must be considered in addition to the legal issues presented by a case. If the pressure gets too great he always has his father, now retired and living in Las Vegas, to consult. He loves to hear the cases that I am working on and he always has a story for me about something similar that happened to him during his career. Gibson lives in the Houston area with his wife, Hannah, and their 8-month-old daughter Ryan Elizabeth. He notes that since computers are still never far away, in addition to his hobbies, which include travel and taking trips in the family RV, he can often be found building a new computer in his home workshop or underneath his truck. Fulkerson Lotz Attends ACC Ethics Seminar & Golf/Spa Firm Partner Wes Lotz tees off at the Memorial Golf Course during the Association of Corporate Counsel s 18th Annual Ethics Seminar & Golf/Spa Event held February 28th, This was the firm s first year as a Practice Group Sponsor at the event which includes an ethics CLE presentation as well as a round of golf, and access to spa services at the Houstonian Hotel and Spa. The festivities also included an evening reception and raffle. In addition to Lotz, the firm was represented by Partner Jerry Mitchell as well as in-house counsel Gavin Uttecht (below). At right, former ACC President Norman Ewart, and Fulkerson Lotz client Manny Aragon (L to R) take a break from their round of golf. Page 2

3 Fulkerson Lotz Client Obtains Rare Summary Judgment in AAA Arbitration When Fulkerson Lotz client AmeriGas Propane was sued in a AAA arbitration proceeding last year by Safeco Insurance Company, it faced a litigation exposure of almost $1.5 million. But when the case was decided by a rare summary judgment, it wound up with a complete and cost-efficient victory, thanks to the diligent work of attorneys Jerry Mitchell and Ethan Gibson. According to Mitchell, I have never heard of another party winning a summary judgment from the American Arbitration Association (AAA). Gibson added that the case could have cost AmeriGas the $1.2 million in damages sought by Safeco as well as deposition costs, opposing attorney s fees, arbitration costs and fees for expert testimony. Mitchell pointed out that the firm s zealous representation resulted in the most efficient and positive resolution possible in the case. We always want to resolve cases quickly, and we work hard to develop the most compelling and potent arguments for our clients, but we, and our client, were particularly pleased with the result we received in this case, Mitchell noted. carry requests for summary judgment forward as they hear the rest of the case but he says our statute of limitation and economic loss arguments were so dispositive, they issued a judgment months before the four days of arbitration we had planned. Arguing that Colorado law (and not California law as Safeco contended) controlled the case, and that Colorado s statute of limitations and economic loss doctrine precluded all of Safeco s claims and entitled AmeriGas to summary judgment was a key strategic decision on our part and allowed the AAA panel to issue a clean legal ruling. Mitchell says. As a result of the summary judgment ruling, AmeriGas was not only able to win the case outright, but also avoided the fees and expenses of depositions and other discovery, as well as the scheduled arbitration hearing. The arbitrators award even required Safeco to reimburse AmeriGas for the AAA fees and arbitrator expenses it had already incurred. The case involved a California man who owned a vacation home in Colorado and had contracted with AmeriGas for propane delivery. Unfortunately in January of 2013 the company was unable to make a delivery, and when the home went unheated the pipes froze and then later burst, allowing approximately 200,000 gallons of water to flow into the house and causing a total loss of the home. Safeco, the homeowner s insurer, sought to hold AmeriGas liable for the damage and sought to recoup what it paid the homeowner to rebuild his vacation home. In its arbitration complaint, Safeco asserted claims for breach of contract, negligence, gross negligence and breach of warranty. We were prepared to offer expert testimony on the rebuilding process as well as a review of the contract language with AmeriGas, but because we were able to show that the Insurer had failed to abide by the Colorado statute of limitations, the arbitrators issued a summary judgment denying their claim and even ordering SafeCo to pay our arbitration expenses, Gibson noted. Mitchell pointed out that AAA arbitration panels usually just Page 3

4 Fulkerson Lotz Hosts Houston Baylor Lawyer Networking Reception Dean Bradley J.B. Toben, of the Baylor University Law School (above) addresses the school s networking reception held at the Fulkerson Lotz offices this past February. Dean Toben updated attendees on developments at the school as firm Partners, Tom Fulkerson, Wes Lotz and Jerry Mitchell, (L to R) look on. Over 30 of the school s alums attended the event including Erin Huber, Susan Wommack, Jennifer Stein, and Gina Fulkerson (L to R). The events have proven to be invaluable networking opportunities and provides fun and meaningful ways for Baylor Lawyers to connect and re-connect with fellow colleagues and classmates. Law Firm Partners with HYLA in Annual Adopt an Angel Program Once again, Fulkerson Lotz joined with the Houston Young Lawyers Association to provide holiday gifts to some of the Houston area s children in need this past December. Working with local elementary schools and charities, HYLA coordinates the donation of gifts bikes, toys, clothing, and school supplies purchased by attorneys and employees at 65 Houston law firms and legal departments. Each year the program benefits more than 2,200 children. Fulkerson Lotz would like to offer a special thank you to former client Gary Uttecht for his help at Peterson Elementary s annual Christmas party and gift drop-off. You surely made those children s Christmas season a little brighter Gary! Page 4

5 FULKERSON LOTZ HEARS FROM NOTED AUTHOR The Good Steward Global Initiative, which provides books and reading materials for young people in Africa, hosted their annual Lunch for Literacy event. Author Tim Crothers, former Senior Writer for Sports Illustrated magazine was the featured speaker. Mr. Crothers authored the book-turnedsuccessful Disney movie, The Queen of Katwe. The book tells the story of a young Ugandan girl, Phiona Mutesi, who becomes a junior woman s chess master despite the many challenges she faced, including severe famine in her homeland. After the lecture Mr. Crothers took time to pose with members of the Fulkerson Lotz staff who were present at the Luncheon. Partner Named Super Lawyers Rising Star Fulkerson Lotz partner Wes Lotz has once again been named a Super Lawyers Rising Star for the 2017 season. This is Lotz's third year of being awarded with the honor and it places him in the top 2.5% of Texas attorneys 40 and younger. Page 5

6 Wes Lotz Speaks at Memorial High School Wes Lotz volunteered through the Houston Bar Association Speakers Bureau to speak at Memorial High School on the topic of Civil Law. His presentation on January 4, 2017 was given to approximately 30 students of the Academy of Finance class for students interested in Business and Finance. "I enjoyed speaking to the Academy of Finance class at Memorial High School. The audience included high school students who are considering careers in business, finance, and law. The speech covered a wide range of civil law concepts and introduced the students to how lawyers and judges help resolve business disputes. I am serving this year on the HBA Speakers Bureau committee, which connects attorneys with schools and local organizations. It is a great way to give back to the community and it was fun to see how classroom technology has improved over the years." Fulkerson Lotz attends Casa de Esperanza Luncheon & Meet and Greet In February, Casa de Esperanza - The House of Hope (CDE)- held their annual Thank You Luncheon and tour, allowing sponsors to see the facilities run by the organization and meet some of the children the group has helped. Several of the Firm s staff, including Michelle Esparza, liaison for CDE and HYLA s Adopt an Angel Program were invited to attend the event and learn of the generous but necessary work the organization does. Casa de Esperanza is a safe place for children in crisis due to abuse, neglect or the effects of HIV. It provides residential care, and coordinates medical and psychological services according to the needs of each child. The program partners with recent university graduates who take time off for a year to help raise and care for CDE s sponsored children within the organization s own community, specially built for the program Yoakum Blvd. Suite 200 Houston, TX Office: (713) Fax: (713) web Page 6