The firm has the ability to handle appeals involving any case it handles at the trial level through the efforts of lawyers who have experience both as briefing attorneys for appellate courts and lead attorneys handling appeals to intermediate appellate courts and the Supreme Court of Texas, as well as federal appeals courts.
For over a century, the firm has had an active business bankruptcy practice, and engages in creditor workouts in and out of bankruptcy. The firm has represented many different interests in high profile Chapter 7 and 11 cases, both regional and national in scope and has represented creditor interests in thousands of Chapter 13 cases. Representations have included debtors, creditors (secured and unsecured), landlords, creditor's committees, liquidating agents and trustees, shareholders, trustees, and other interested parties. The firm has served as special counsel and trial counsel to other attorneys or law firms in business bankruptcy situations. The firm has also successfully handled many appeals from the bankruptcy courts to and through the United States district and circuit courts.
Business and Commercial Litigation
Consumer Law and Creditor's Rights Litigation
Our firm has an extensive practice in the representation of creditors in commercial and consumer defense litigation in both federal and state courts. Its consumer defense practice is statewide and includes defense of claims under the Texas Deceptive Trade Practices Act, the state and federal debt collection acts, and other related state and federal acts.
Clemens & Spencer attorneys have extensive experience representing health care providers and practitioners in litigation related to malpractice defense, drug product liability defense, antitrust and trade regulation matters, provider reimbursement disputes, and employment issues.
Clemens & Spencer attorneys are also involved in advising health care providers and their affiliated entities with regard to operational, liability, medical staff, and employment issues; drafting, reviewing and revising medical staff and governing body bylaws, hospital policies and procedures, and fair hearing plans; counseling concerning physician recruitment matters and preparing recruitment agreements; drafting and implementing corporate compliance plans; advising hospitals regarding Medicare and Medicaid repayment and voluntary disclosure issues; drafting, reviewing and negotiating hospital contracts, including managed care agreements, management agreements, provider based physician agreements, medical director agreements and transfer agreements; and advising hospitals regarding HIPAA and medical records issues, including electronic medical records and confidentiality issues.
Intellectual Property Litigation
Labor and Employment Law
The Firm has an attorney who has been board certified in this practice area since 1978. The Firm has represented plaintiffs and defendants in employment related litigation and have provided legal advice to clients on employment related matters for many years.
Mass Tort and Product Liability
The firm over the years has been selected by various companies to represent them in cases involving mass torts in the areas of drugs, medical devices, asbestos and silicosis. These have included individual cases, as well as cases involved in multidistrict litigation.
Personal Injury Litigation
Defending cases involving personal injuries has been an important component of the firm's work for many years and includes the defense in automobile, trucking, premises and fire cases. Defense of these cases have taken place throughout the state with an emphasis on South and Central Texas.
The firm has a long history of representing lawyers, accountants, healthcare providers and like professionals in both state and federal courts in South and Central Texas. In addition appeals involving such cases have been briefed and argued in both state and federal appellate courts.