Posts By: Chris Wielinski

Parker Fauntleroy and Jude des Bordes Secure Complete Win in High-Stakes Injury Trial

Parker Fauntleroy and Jude des Bordes recently concluded a jury trial in Harris County wherein they defended a Houston-based infrastructure construction company in an serious accident case. The plaintiff alleged she suffered severe injuries as a result of the accident requiring multiple surgeries. She also alleged she suffered permanent physical impairment, permanent disfigurement and ongoing serious past and future physical pain and mental anguish and demanded the jury return a verdict of over $1,100,000.  After closing arguments, the jury returned a defense verdict in favor of the company and awarded the plaintiff no damages.

Congratulations on a great win for a deserving client.

About Cokinos | Young

Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.

Cokinos | Young Secures Client Victory in High-Stakes $15 Million Vehicular Accident Trial

Parker Fauntleroy, Peter Wells and Jude des Bordes recently concluded a 2 ½ week long jury trial in Harris County wherein they defended a Houston-based construction company in a  serious vehicular accident case involving two large commercial motor vehicles, a dump truck and plaintiff’s 18 wheeler.  The plaintiff alleged he suffered severe injuries as a result of a motor vehicle accident with the company’s commercial motor vehicle, requiring neck fusion, multi-level back fusion, shoulder surgery and knee surgery and incurring past medical bills over $1,200,000.  Plaintiff also alleged a head injury, permanent physical impairment, ongoing serious past and future physical pain and mental anguish and demanded the jury return a verdict of over $15,000,000.  After closing arguments, the jury returned a defense verdict in favor of the company and awarded the plaintiff no damages.

Congratulations on a great win for a deserving client.


About Cokinos | Young

Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.

Victory on Tap: Baileson Brewing Triumphs in High-Stakes Legal Battle

In a significant legal victory, Houston Principal Cory Curtis, successfully defended Baileson Brewing Company in a nearly two-year dispute with its landlord. The landlord sought to evict Baileson for “short paying” rent in early 2024, following a disagreement over the rental rate in a 12-year lease. After a “baseball arbitration” favored Baileson’s rent proposal, the landlord refused to pay costs and sought eviction. A Houston jury unanimously ruled in Baileson’s favor, allowing the brewery to remain in business and recover attorney’s fees and costs. With the business saved, Baileson couldn’t be happier!

The Bailison team shared on Instagram, “We want to send a special shout out to our attorney, Cory Curtis with Cokinos Young. We could not have asked for a better advocate for our business, as it has been evident from the start that he truly understood what the pub means to us and our patrons. Devoted to protecting our rights as a tenant, Cory and his colleagues fought (and continue to fight) on our behalf… 5 stars, highly recommended!”


Cory Curtis
led the trial team and was assisted at trial by Houston paralegal, Todd White. Taylor Cooksey and Anthony Golz provided assistance along the way.

Sixteen Texas Super Lawyers® Recognized at Cokinos | Young; Gregory Cokinos Named On The Top 100 Texas & Houston Super Lawyers List

We are excited to announce that sixteen Cokinos | Young attorneys are recognized as 2024 Texas Super Lawyers® and Gregory Cokinos is named on the Top 100 Super Lawyers® list for both Texas and Houston.

Each year, Super Lawyers selects attorneys using a patented process of peer nominations and evaluations combined with independent research that, according to the publication’s editors, creates “a credible, comprehensive, and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.”

The complete list of honorees, which represent less than 5% of the practicing attorneys in the state, will be published in the Texas issue of Super Lawyers magazine and in the October issue of Texas Monthly. Gregory Cokinos will be featured in The Top 100 Texas and Top 100 Houston lists.

Our Texas Super Lawyers include:

Austin:
Dana Livingston – Appellate; Featured in Super Lawyers Women’s Edition
Marc A. Young – Construction Litigation

Dallas:
Travis M. Brown – Insurance Coverage
Patrick J. Wielinski – Insurance Coverage

Houston:
Craig H. Clendednin– Construction Litigation
Gregory M. Cokinos
– Construction Litigation; Top 100 List for Texas (14th Year) and Houston (17th Year)
J. Parker Fauntleroy – PI General: Defense
John L. Grayson – Construction Litigation
Craig E. Power – Bankruptcy: Business
Russell W. Smith – Construction Litigation
Roger D. Townsend – Appellate
Christopher C. Wan – Construction Litigation
John C. Warren – Construction Litigation

San Antonio:
Chance K. Decker- Business Litigation
Gabriel S. Head – Construction Litigation
Stephanie L. O’Rourke – Construction Litigation; Featured in Super Lawyers Women’s Edition

About Cokinos | Young

Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.

Pat Wielinski Elected Fellow of American College of Construction Lawyers

Cokinos | Young Principal Patrick J. Wielinski has been selected to serve as a fellow in the American College of Construction Lawyers. The ACCL is the preeminent national construction law organization and fellowship in the College is by invitation-only. It is offered to those who are found to have mastered the practice or teaching of construction law and dispute resolution, and whose professional careers have been marked by the highest standards of ethical conduct, scholarship, professionalism, and collegiality, and who have demonstrated a commitment to “give back” to the construction industry. The College includes lawyers from the United States, Canada, Britain, Australia, and France.

“We are incredibly proud of Pat’s well-deserved recognition as a Fellow with the American College of Construction Lawyers,” said Principal and CEO Gregory Cokinos. “This honor reflects his legal expertise, commitment to ethical standards, and dedication to advancing the construction law field. Pat’s leadership continues to elevate Cokinos | Young and the broader legal community.”

Pat Wielinski founded the insurance coverage/risk management group at Cokinos in 2000 and brings over forty years of experience to the group today. He has practiced in the areas of insurance coverage and risk management, representing general contractors, subcontractors, owners, developers and sureties in complex claims, litigation and appeals. He also represents numerous construction industry groups, including AGC, ASA and NAHB, in filing amicus curiae briefs, advocating on their behalf in favor of insurance coverage for construction exposures.

Pat will be formally inducted into the American College of Construction Lawyers during its February 2025 meeting in St. Petersburg, Florida.

Patrick J. Wielinski

About Cokinos | Young

Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.

Which Policy Covers That? Timing Considerations When Placing CGL Carriers on Notice of a Construction Defect Claim.

For a construction contractor, receiving notice of a claim for damages associated with the contractor’s work can be a daunting prospect. Particularly if the contractor’s first notice of the claim is a lawsuit naming the contractor as a defendant. Fortunately, most contractors do (and all contractors should) maintain commercial general liability (CGL) insurance to cover claims for damages or injuries related to the contractor’s work. CGL insurance (typically) covers allegations of damage because of defective work, defending the insured against potentially covered claims and settling covered claims. Of course, many factors can affect this basic coverage analysis. For example—what happens when bodily injury or property damage occurs after the policy in place while the contractor did its work expires?

Many contractors maintain CGL insurance on an ongoing basis, renewing or replacing each policy as it expires with a new policy. Over time, a contractor may have had multiple different CGL polices in place, through multiple different insurance companies. When faced with a claim involving allegations of defective work or other liability, contractors often notify only the CGL policy in force as of the date of the alleged wrongful act. Often, especially if the claim arises while the work is still ongoing, this common-sense approach is enough. The insurance carrier acknowledges the claim, appoints defense counsel, and tries to settle the claim against the insured contractor. But sometimes—to many contractors’ surprise—the CGL carrier instead denies coverage for the claim.

Counter-intuitively, the CGL insurance policy in place when a contractor does its work is not necessarily the policy that covers bodily injury or property damage because of that work. This is because one of the conditions of coverage under a typical CGL policy is that “[t]he ‘bodily injury’ or ‘property damage’ occurs during the policy period ….” What that means is that property damage or bodily injury is normally covered by the CGL policy in effect when the damage or injury occurs, not the policy in effect when the underlying work was performed.

By way of example, suppose an insured contractor worked on a construction project in 2018. A lawsuit against the contractor alleges property damage resulting from the contractor’s work occurred in 2021. The contractor’s 2021 CGL policy may cover the claims against the contractor, rather than the 2018 policy. In cases of ongoing damage or injury, or where no date is specified, coverage might be available under multiple policy years.

The insurance policy in force when a contractor’s work was performed is not the only policy that contractor should consider when seeking coverage. Instead, contractors should consider whether coverage may be available under another CGL policy.

This article was written by E. Samuel Crecelius III, who is part of the Cokinos | Young Insurance Coverage and Risk Management group.

E. Samuel Crecelius III

About Cokinos | Young

Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.

Shelly Masters Appointed to the FDCC Board of Directors

Austin Principal Shelly Masters has been appointed to the Federation of Defense & Corporate Counsel’s Board of Directors for 2024 – 2025. The FDCC comprises recognized leaders in the legal community who have achieved professional distinction, and membership is by invitation only. The FDCC is dedicated to promoting knowledge, fellowship, and professionalism of its members as they pursue the course of a balanced justice system and represent those in need of defense in civil lawsuits. Shelly has been an active member of the FDCC since 2019.

Shelly D. Masters

About Cokinos | Young

Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.

59 Cokinos | Young Lawyers Honored in the 2025 Edition of Best Lawyers®; Robbie MacPherson Named “Lawyer of the Year”

Cokinos | Young is pleased to announce that 59 lawyers have been included in the 2025 edition of The Best Lawyers in America®. This year’s list recognizes 30 Cokinos | Young attorneys as The Best Lawyers in America and 29 attorneys as Best Lawyers: Ones to Watch® in America.

Robbie MacPherson named 2025 lawyer of the year by Best Lawyers in America

New Jersey/New York Principal Robbie MacPherson has been named 2025 “Lawyer of the Year” for his work in construction law in Hackensack. Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this a significant and coveted accolade. These lawyers are selected based on particularly impressive voting averages received during the peer review assessments.

Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

Best Lawyers has earned the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in over 75 countries.

Cokinos | Young would like to congratulate the following lawyers named to 2025 The Best Lawyers in America list:

Cokinos | Young would like to congratulate the following lawyers recognized in the 2025 edition of Best Lawyers: Ones to Watch in America:


About Best Lawyers

Best Lawyers is the oldest and most respected lawyer ranking service in the world. For 40 years, Best Lawyers has assisted those in need of legal services to identify the lawyers best qualified to represent them in distant jurisdictions or unfamiliar specialties. Best Lawyers awards are published in leading local, regional, and national publications across the globe.

Lawyers who are nominated for consideration are voted on by currently recognized Best Lawyers working in the same practice area and located in the same geographic region. Our awards and recognitions are based purely on the feedback we receive from these top lawyers. Those who receive high peer reviews undergo a thorough verification process to make sure they are currently still in private practice. Only then can these top lawyers be recognized by Best Lawyers.

About Cokinos | Young

Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.

Cybercrime in Business Transactions: Who Bears the Burden of Loss When a Payment Is Fraudulently Misdirected?

In an era where digital transactions are the norm, businesses and organizations have become increasingly vulnerable to cybercrime. A growing concern in this realm involves the fraudulent misdirection of payment. In one example, a third-party bad actor begins by targeting an individual within an organization who is responsible for payment transactions. The third-party bad actor then uses various wrongful methods to gain control of the individual’s email account, such as phishing scams to obtain authentic account credentials. After gaining access to the individual’s account, the third-party bad actor may monitor the situation while lying dormant and waiting for an opportune moment to interpose itself into otherwise legitimate email communications concerning upcoming payments.

Once an upcoming payment is identified, such as a payment for an invoice received through email, for example, the third-party bad actor impersonates the individual, utilizing the authentic credentials, and provides fraudulent, and in many cases, conflicting wiring instructions. It is important to keep in mind that the individual within the organization is usually unaware that their credentials are being misappropriated because these bad actors will cover their tracks by deleting emails and even going so far as to fabricate communications or responses from the paying party. Remaining undetected, the third-party bad actor continues to impersonate the individual until payment using the fraudulent wiring instructions is completed, at which point they may relinquish control of the individual’s account.

While this scenario frequently occurs, third-party bad actors have developed other common schemes to fraudulently misdirect payments, including by using nearly identical contact information to the individual they are trying to impersonate, typically email addresses and telephone numbers with a difference of one or two letters or numbers, and manipulating phone calls. As a reflection of the gravity of this issue, business email compromise (BEC) was identified as the second most financially damaging type of crime, with $2.9 billion in reported losses in 2023.[1] Thus, a critical question arises: in situations where payments are fraudulently misdirected to a third-party bad actor, which party bears the financial loss? While the fraudulent misdirection of payments may not be a new issue, the increasing frequency of these events and use of digital communication, sometimes in combination with other digital tools, to accomplish these nefarious ends are a relatively recent phenomenon.  Businesses and organizations trying to navigate this issue are facing great uncertainty from both a legal perspective, as most jurisdictions have little to no common law developed in this area, and a business perspective, due to the strain on business relationships in working to identify which party should bear the financial loss. Therefore, this article reviews the approaches of the few jurisdictions which have addressed this critical question of which party bears the risk of financial loss when a payment was fraudulently misdirected and some proactive measures to implement for businesses and organizations.  

Texas Common Law vs. Other Jurisdictional Approaches

Texas favors the application of a fault-based rule, rooted in English common law and Texas common law, which places the loss on the party who is most at fault for the misdirection of payment. For example, in Morgan v. Harper, the court noted, “[w]here one of two equally innocent parties must suffer by reason of the fraud of another, the loss should fall upon him whose negligent act or omission has enabled the wrongdoer to commit the fraud.”[2] By applying this logic, in Prosper Fla., Inc. v. Spicy World of USA, Inc., the court held that the seller of a bulk shipment of black pepper had the burden of loss because the buyer called to verify the instructions and in doing so acted reasonably to prevent the loss.[3]

In one Florida case which dealt with the fraudulent misdirection of payment, the court decided liability by determining which party was in the best position to prevent the fraud. In Arrow Truck Sales, Inc. v. Top Quality Truck & Equip., Inc., the court determined the buyer was in the best position to prevent the fraud because the buyer received conflicting wire instructions and failed to confirm or verify the wire instructions.[4] On the other hand, a Nevada court chose to apply the Uniform Commercial Code, as the payment was intended to cover goods, for determining which party would bear the risk of loss.[5] Using the Nevada court’s approach, if a payment is made in good faith, then it is effective and the party who failed to receive the payment will suffer the loss. However, if either party fails to exercise ordinary care and that failure substantially contributes to the resulting loss, then the party who failed to exercise ordinary care will bear the loss. In Jetcrete N. Am. LP v. Austin Truck & Equip., Ltd., the buyer of ready-mix trucks had the burden of loss because they received conflicting emails about wire instructions within minutes and failed to use reasonable care by confirming the validity of the new instructions.[6] Unlike the earlier approaches in Texas and Nevada, Delaware appears to look to the contract between the parties and places the burden of loss on the party who failed to carry out their duty to pay, regardless of their good faith. In Peeples v. Carolina Container, LLC, as part of an asset purchase agreement, a company wired $1.7 million to a third-party bad actor using fraudulent payment instructions.[7] There, the court found that the company’s contractual obligation under the contract was to provide payment, and in mistakenly paying a third-party bad actor, they had failed to satisfy this obligation.

Beyond Texas, Florida, Nevada, and Delaware, many states have not analyzed this issue, and given all the different factual scenarios underlying the fraudulent misdirection of payment, businesses and organizations are left with little to no guidance as to how liability will be determined. However, there appears to be one commonality with the jurisdictions which have analyzed this issue: courts generally favor the party that took steps to prevent the loss. For example, in Prosper, the buyer avoided liability by calling the seller to verify payment instructions while in Jetcrete, the buyer was held to be liable for the loss because they failed to call and verify the correct payment instructions after receiving conflicting instructions minutes apart.

How to Increase Protection in Your Business Transactions

With this in mind, below are a few proactive measures to take within a business or organization for any payment transactions:

  • Implement wire payment policies using a multi-step verification process that includes verification phone calls and security questions.
  • Invest in email security software to identify invalid email addresses and suspicious email activity.
  • Ensure employees and stakeholders are aware of the process and department for reporting suspicious activity.
  • Review existing contracts to evaluate whether payment provisions clearly allocate when payment is deemed “received” by the receiving party.
  • Incorporate a multi-step verification process requirement for electronic payments into existing contracts.
  • Develop and provide electronic payment instructions to contracting parties at the commencement of the parties’ relationship.

[1] Federal Bureau of Investigation Internet Crime Report 2023 | AHA

[2] 236 S.W. 71 (Tex. Comm’n App. 1992, holding approved).

[3] 649 S.W.3d 661 (Tex. App.—Houston [1st Dist.] 2022, no pet.).

[4] No. 8:14-cv-2052-T-30TGW, 2015 U.S. Dist. LEXIS 108823 (M.D. Fla. 2015).

[5] Jetcrete N. Am. LP v. Austin Truck & Equip., Ltd., 484 F. Supp. 3d 915 (D. Nev. 2020).

[6] 484 F. Supp. 3d 915 (D. Nev. 2020).

[7] 4:19-cv-21-MLB, 2021 WL 4224009 (N.D. Ga. Sept. 16, 2021).

Rise In Trademark Scams Targeting Our Construction Clients

Recently, we have seen an uptick in a trademark solicitation scam being sent to our clients.  These solicitations claim to be from a law firm that has been asked to file a trademark application on behalf of a third party that happens to have the same name, with language similar to the following:

 The sender then claims to be willing to facilitate trademark registration services for the recipient prior to registering the mark on behalf of the other company, and threatens that if the recipient does not act quickly, the other company will register the recipient’s brand name:

The email often includes a colorful and professional-looking signature block and links to a website to further convince business owners that the outreach is legitimate.  Some of the names we have seen in these solicitations include Lawsuit Neo, Trademark Blink, Trademark Crafty, Trademark Sprint and Trademark Rising. 

These solicitations are false and if you receive one, you can safely ignore it.  It is, however, a good opportunity to review your brand strength and evaluate if legitimate trademark protection makes sense for your company.  If you have any questions about the validity of a trademark solicitation, or would like to discuss protecting your business name through trademark registration, please do not hesitate to reach out to us.  We have extensive experience securing and protecting the trademark rights of our clients and can help you evaluate if this is the right option for you.  We also offer docketing services at no cost to monitor and police the use of your company name by potential competitors, even if you do not have a registered trademark. 

If you would like further information on how to protect your business name through trademarks, please feel free to contact Lauren Aldredge, chair of our Intellectual Property practice group at laldredge@cokinoslaw.com or 512-615-1148.

Lauren S. Aldredge

About Cokinos | Young

Cokinos | Young has led Texas construction and real estate law for over three decades. And today, our 100+ dedicated professionals operate coast to coast and proudly handle all aspects of construction law for owner/developers, project managers, general contractors, design professionals, subcontractors, sureties, and lenders. We provide both dispute resolution and transactional services to clients through all phases of commercial, industrial, pipeline, offshore, civil, and residential construction. Our reputation was built on relentless commitment to client service and the industries we serve, and that remains our primary driver. Dedicated. Resilient. Expertise. That’s Cokinos | Young. Learn more at cokinoslaw.com.

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