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Appellate Practice

Barron & Newburger attorneys have an extensive history advocating for clients before the nation’s appellate courts.

  • Barbara Barron, Manny Newburger, Thomas Good and Stephen Sather have been admitted to practice before the United States Supreme Court.
  • Barbara Barron and Manny Newburger appeared before the Supreme Court on behalf of the Commercial Law League of America as amicus curiae in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 130 S. Ct. 1605, 176 L.Ed.2d 519 (2010) and Heintz v. Jenkins, 514 U.S. 291, 115 S.Ct. 1489 (1995).
  • Reed v. City of Arlington, 650 F.3d 571 (5th Cir. 2011)(en banc)
  • Camp v. Ingalls (In re Camp), 631 F.3d 757 (5th Cir. 2011)
  • Gupta v. Eastern Idaho Tumor Institute, Inc., (In re Gupta), 394 F.3d 347 (5th Cir. 2004)
  • Alvarez v. Midland Credit Management, 585 F.3d 890 (5th Cir. 2009)
  • Sandwich Chef of Texas, Inc. v. Reliance National Indemnity Ins. Co., 319 F.3d 205 (5th Cir. 2003)
  • Riviere v. Banner Chevrolet Co., 184 F.3d 457 (5th Cir. 1999)
  • Brown v. Budget Rent-a-Car Systems, 119 F.3d 922 (11th Cir. 1997)
  • Cortez v. Mann Bracken, LLP, 2011 Tex. App.—Austin, 2011, no writ)
  • Kuhl v. City of Garland, 910 S.W.2d 929 (Tex. 1995)
  • First Bank v. Tony’s Tortilla Factory, Inc., 877 S.W. 2d 285 (Tex. 1994)
  • Charlie Thomas Courtesy Leasing, Inc. v. Taylor, 44 S.W.3d 684 (Tex. App.—Houston [14th Dist.], 2001)
  • Galveston County Fair & Rodeo v. Kauffman, 910 S.W.2d 129 (Tex. App.—El Paso, 1995)
  • Portfolio Acquisitions, LLC v. Feltman, 909 N.E.2d 876 (Ill App. 2009)

Bankruptcy and Financial Reorganization

Barron & Newburger has substantial experience in handling all aspects of consumer bankruptcy, business bankruptcy and other out-of-court forms of financial reorganization.

Representing:

  • Debtors
  • Trustees
  • Creditor committees
  • Creditors
  • Landlords
  • Purchasers of assets, plan and liquidating agents
  • Examiners and other parties in interest
  • Individuals
  • Corporate officers and boards of directors
    in out-of-court financial reorganizations

The firm’s bankruptcy attorneys have also acted as “conflicts counsel,” navigating around conflicts that can arise in complex bankruptcy cases. Some have participated in the reorganization process as bankruptcy trustees and/or receivers.

The firm’s bankruptcy practice includes:

  • Barbara Barron: Served on the Executive Committee of the Bankruptcy Section of the Commercial Law League of America, as president of the Austin Bar Association Bankruptcy Committee and as a Chapter 11 Trustee.   Ms. Barron has been recognized as a Texas Super Lawyer by Thomson Reuters for years 2008 and 2011-2014.
  • Stephen Sather: Board certified in Business Bankruptcy Law by the Texas Board of Legal Specialization and the American Board of Certification.   Mr. Sather has argued before the en banc Fifth Circuit Court of Appeals, is the author of A Texas Bankruptcy Lawyers Blog and has been recognized as a Super Lawyer by Thomson Reuters for years 2006-2014.

Commercial Litigation

Barron & Newburger has considerable experience litigating business and commercial disputes and is committed to achieving its clients’ business objectives through efficient and cost-effective litigation.

Whether the dispute arises in state, federal or bankruptcy court, the firm is eminently qualified to assist in resolving even the most complex business dispute:

  • Able to assist in pre-litigation strategic planning
  • Counsel on the types of practices that can help avoid protracted litigation
  • Well-versed in alternative dispute resolution, including mediation and arbitration

Regularly litigates disputes involving:

  • Breach of contract
  • Breach of fiduciary duty
  • Fraud
  • Misrepresentation
  • Deceptive and unfair business practices
  • Other claims arising in tort

Represents clients in a wide variety of industries:

  • Banking
  • Commercial collections
  • Insurance
  • Restaurant/hospitality
  • Retail

Firm’s attorneys have extensive courtroom experience:

  • Manny Newburger and Mark Aschermann: board certified in Consumer and Commercial Law by the Texas Board of Legal Specialization
  • Stephen Sather: board certified in Business Bankruptcy Law by the Texas Board of Legal Specialization and the American Board of Certification

Compliance, Regulatory and Business Affairs

Barron & Newburger represents numerous clients in the debt purchasing, collection and credit industries. The firm provides guidance, training and opinions regarding compliance with federal and state regulations on a wide range of topics.

Experience extends to representing its clients in:

  • Federal and state regulatory inquiries
  • Investigations and actions brought by regulators

Additional services:

  • Drafting and review of internal compliance documentation
  • Training materials, policies and procedures
  • Conducting on-site staff training and operational compliance testing

Wide range of topics:

  • Debt collection practices
  • Credit and credit reporting practices
  • Privacy issues
  • Document retention and destruction practices and policies
  • Telephone Consumer Protection Act issues
  • Data security practices and policies

Business-related issues:

  • Entity selection and structure
  • Stockholder and partnership agreements
  • Corporate governance
  • Contractual agreements and employment-related matters

The firm assists its clients in all phases of business development — from initial formation to exit strategies. Attorneys regularly conduct reviews of both ongoing operations and new projects by providing counsel and advice resulting from findings. The firm has all provided guidance on state and federal laws affecting collection industry mergers and acquisitions.

Financial Services Litigation (State and Federal Practice)

Barron & Newburger is nationally known for its expertise in financial services litigation. The firm primarily focuses on representing:

  • Creditors
  • Lenders
  • Third-party debt collectors
  • Debt buyers
  • Law firms
  • Other entities in the credit, collections, debt buying and consumer finance industries

It defends clients who are being sued for a wide variety of financial services issues:

  • Fair debt and fair credit reporting violations
  • Identity theft and privacy claims
  • Unfair, abusive and deceptive trade practices
  • Usury
  • Consumer protection statutory or common law claims

The firm maintains an active consulting practice, which gives its clients the ability to seek advice on regulatory and administrative issues.

In those jurisdictions in which the firm is not licensed, its attorneys assist in locating adequate local counsel and provide personalized and expert assistance and guidance to such counsel.