Julius Glickman, Attorney
http://www.glickmanlawfirm.com
- Law Office: Glickman Carter & Bachynsky LLP
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- Law School: University of Texas School of Law
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JULIUS GLICKMAN
-- Tanox, Inc. v. Akin Gump Strauss Hauer & Feld, et al.
Mr. Glickman successfully represented 3 law firms Akin Gump Strauss Hauer & Feld, Williams, Birnberg & Andersen, and The Robinson Lawfirm of Washington, D.C. in a lawsuit for their attorneys' fees based upon certain payments and royalties, if any, from a pharmaceutical drug. The fee agreement provided that the total fees to the Lawyers were capped at $500 million and the total fees derived from royalties were capped at $300 million. Opinion, p. 249. The case was appealed by the defendant and the fee agreement and award to the attorneys were confirmed in their entirety. Tanox, Inc. v. Akin Gump Strauss Hauer & Feld, et al., 105 S.W.3d 244 (Tex.App.-Houston [14th Dist.] 2003, pet. denied).
-- Janacek v. Triton Energy
In 1992, Mr. Glickman was lead counsel in a lawsuit in which the jury rendered the largest verdict in the United States for one individual in a wrongful termination case. Prior to entering judgment, the case was subsequently settled for less than the jury verdict. No. 90-7220-M, Jimmy W. Janacek v. Triton Energy Corporation and William Lee, 298th District Court, Dallas County, Texas. It was the second largest jury verdict in 1992 in the United States.
-- Sims v. Kaneb Services, Inc., et al.
Mr. Glickman was lead counsel in another wrongful termination case in which a CPA was fired for refusing to commit an illegal act. The jury award was the largest wrongful termination case in Texas in a case of this kind until the Janacek case, tried by Mr. Glickman three years later. The case was settled and the settlement required confidentiality. No. 86-2474, Roger Sims v. Kaneb Services, Inc., et al., 334th District Court, Harris County, Texas. It was the fifth largest jury verdict in the United States for 1989.
-- Robertson Oil Co. v. Phillips Petroleum
Mr. Glickman obtained a verdict in a tortious interference case for a gasoline distributor against a major oil company. At that time, that was the largest damage award of its kind in Arkansas. Robertson Oil Co., Inc. v. Phillips Petroleum, 14 F.3d 373 (8th Cir. 1993, en banc).
Mr. Glickman has been lead counsel in a wide variety of litigation, including suits for breach of contract, fraud, malicious prosecution, recovering a broker's finder's fee, antitrust, slander and libel, minority shareholders, executives in severance and termination disputes, race, gender, and national original discrimination, suits by doctors for defamation and assault and battery, along with representing doctors in peer review proceedings and partnership disputes, and many others. The following are representative cases where Mr. Glickman acted as lead counsel for plaintiffs:
Wrongful Termination
1. Plaintiff alleged that she had been fired because she filed a worker's compensation claim. Immediately after the jury awarded actual damages and before punitive damages were decided, a confidential settlement was reached. No. 93-26231, Carrie Fox v. Mullins, 280th District Court, Harris County, Texas.
Malicious Prosecution
2. After two weeks in trial in federal court in a suit for malicious prosecution, a substantial settlement was entered into against a car dealership and television station in Tyler, Texas. C.A. No. 6:91CV659, Michael P. Smith v. TV-3, Inc., et al., U.S. District Court for the Eastern District of Texas, Tyler Division.
Broker's and Finder's Fees
3. The jury found that a real estate broker was due a finder's fee for identifying a buyer for the Blackeyed Pea restaurants. After a substantial jury verdict, a confidential settlement disposed of the case. No. 86-16433-K, Houston/Southwest Corp. v. Prufrock Restaurants, Inc. et al., 192nd District Court, Dallas County, Texas.
Antitrust
4. In an antitrust case, Plaintiff Chemad Corporation alleged violations of a conspiracy in restraint of trade. After a substantial jury verdict with treble damages, the case was settled for a confidential amount. No. TY-77-178-CA, Chemad Corporation v. Dallas Tailor & Laundry Supply, et al., U. S. District Court, Eastern District of Texas, Tyler Division.
5. In another antitrust case, Mr. Glickman represented S & S News and a jury awarded S & S News damages, which were trebled. Subsequently, the case was settled for a confidential amount. No. FS-74-80-C, S & S News Agency, Inc. v. ARA Services, Inc. and Mid-Continent News Agency, Inc., U.S. District Court, Western District of Arkansas, Ft. Smith Division.
Defamation
6. In a defamation case, the jury found for a former Coca-Cola employee who claimed Coca-Cola slandered him when he started his own competing vending business. No. 83-39383, Mark Vicinanza v. Houston Coca-Cola Bottling Company, Jack Fontaine, and Charlie Wallis, 165th District Court, Harris County, Texas. The defendant appealed. Plaintiff's verdict was affirmed with a reduction of some of the damages.
Minority Shareholders
7. After one trial in a suit where minority shareholders had sued the majority stockholder, a settlement was reached. No. 86-0198, David Frame, Jr., Charles J. Katz & W. T. Campbell v. James E. Lyon & Ruska Instrument Corporation, 129th District Court, Harris County, Texas.
8. Our client, a minority stockholder, sued a majority stockholder for value of his stock and other compensation. After a temporary restraining order was entered for our client and key depositions were quickly taken, a settlement was reached. No. 2005-10327, Ketan Thakkar v. J. C. Thakker and Shiv Om Consultants, Inc., 334th District Court, Harris County, Texas.
Representing a City Councilman
9. The jury awarded Mr. Glickman's client, a Houston city councilman, judgment in a lawsuit against his former election opponent. No. 82-12207, Jim Greenwood v. O'Brien Murphy, 164th District Court, Harris County, Texas.
Breach of Contract and Defamation
10. Mr. Glickman and Mr. Hughes represented Wellington in a case tried in New York City state court in which the jury rendered a substantial verdict for breach of contract and defamation for their client. The jury award was reduced by the trial judge and affirmed on appeal. It settled for a confidential amount. No. 116797/95, Wellington Funding and Business Consultants, Inc. v. Continental Grain Company, Contitrade Services Corp. and Contifinancial Services Corp., Supreme Court of the State of New York, County of New York.
Class Actions Over Junk Faxes
11. Plaintiffs sued for unsolicited junk faxes. Houston Cellular settled before trial. No. H95-1066; The Chair King, Inc., et al v. Houston Cellular Corporation, et al; U. S. District Court for the Southern District of Texas, Houston Division.
12. In a second case, our client sued the Dallas Cowboys for sending unsolicited junk faxes. The Dallas Cowboys settled before trial. No. 00-00808, Omnibus International, Inc. v. Dallas Cowboys Football Club, Ltd., its general partner JWJ Corporation, and American Blast Fax, Inc., K-192nd District, Dallas County, Texas.
Race and National Origin Discrimination
13. Mr. Glickman was lead counsel in a case involving race and national origin discrimination of 16 Vietnamese. The case settled for a confidential amount. No. H-94-1312, Binh Trinh, et al. v. Circle K Corp., U.S. District Court for the Southern District of Texas, Houston Division.
Assault and Battery
14. Mr. Glickman was lead counsel in a case in which he represented a female anesthesiologist against a surgeon, Baylor College of Medicine, and Methodist Hospital in which the anesthesiologist claimed that the surgeon struck her in the chest. The case settled with all three defendants for confidential amounts.
Whistleblower
15. A female police captain sued the City of Jersey Village alleging improper activity as a whistleblower and she was wrongfully terminated. The case settled prior to trial. No. 91-01175, Denise Campbell v. The City of Jersey Village, 113th District Court, Harris County, Texas.
Intellectual Property
16. Our client, Ardell Nelson, alleged counterclaims and third-party claims for patent infringement, unlawful use of trade secrets, breach of fiduciary duty, fraud, conspiracy, RICO, breach of contract, and other causes of action against Issam Fares, various WEDGE entities, and PMI Industries, Inc. The case settled for a confidential amount prior to trial. No. H-85-1857, Ultraflote Corporation International and Ultraflote Corporation v. Ardell H. Nelson, U.S. District Court, Southern District of Texas, Houston Division.
Estates, Wills, and Trust Litigation
17. Disputes among relatives over wills and trusts often are bitter and hard-fought. One example of a case we handled involved a doctor who sued his two sons for the recovery of damages, as well as property which he had turned over to his sons temporarily in a trust while he was suffering from a stroke. Diamond v. Diamond, Harris County Probate Court.
Real Estate
Real estate disputes involve a myriad of different fact situations.
18. We represented a real estate limited partnership which had purchased a 160-unit Sunflower Terrace apartment. The sellers reneged and attempted to take back the property after the buyers had already paid for it. The jury verdict, actual and punitive damages, was in the amount of $1,448,815. That case was affirmed on appeal. The case was a landmark case in that it concerned the liability of an attorney who engaged in a civil conspiracy to defraud. Likeover v. Sunflower Terrace II, Ltd., 696 S.W.2d 468. One major law firm in Houston instructed every one of its lawyers to read this case.
19. In a suit on a real estate contract, we successfully represented a purchaser of a building when the seller attempted to default the purchaser and take back the property after all but one payment had been made on the building. Stephenson v. Adams, 640 S.W.2d 681 (reversing summary judgment for defendants).
Conspiracy to Defraud
1. Two purchasers of an apartment complex represented by Mr. Glickman received a substantial verdict in their favor against the defendants and their lawyer. The name partner in a major firm said every lawyer in his firm should read the case. Likeover v. Sunflower Terrace II, Ltd., 696 S.W.2d 468 (Tex.App.-Houston [1st Dist.] 1985, no writ).
Insurance Appraisal and Damages
2. Mr. Glickman represented an apartment owner who sought appraisal for his fire losses. For the first time in the history of Texas, an insured was given the right to appraisal for his fire losses. Previously, only the insurance company had been entitled to appraisal. Standard Fire Ins. Co. v. Fraiman, 514 S.W.2d 343, 345 (Tex.App.-Houston [14th Dist.] 1974, no writ).
3. In a later case, our client sought consequential damages for the insurance company's refusal to appraise. The Court ruled that the insurance company was liable for consequential damages for breach of an appraisal clause of an insurance policy. This was a case of first impression in Texas. Standard Fire Ins. v. Fraiman, 588 S.W.2d 681, at 683 (Tex.App.-Houston [14th Dist.] 1979, n.r.e.)
Mr. Glickman has also successfully represented defendants in a variety of different kinds of cases. Here are a few examples: Plaintiff sued Honda for millions and it had nationwide implications. Mr. Glickman obtained, after key discovery was taken early, a summary judgment against the plaintiff and it was affirmed on appeal. No. 96-20013, Christiaan Walker v. American Honda Motor Company, Inc., et al., 98 F.3d 1338 (5th Cir. 1996). In a jury trial where Mr. Glickman represented Humble National Bank, the jury exonerated Humble National Bank. No. 83-51711, David R. Murphy & Humble National Bank, Ltd. v. Humble National Bank, et al., 269th District Court, Harris County, Texas. We have represented public companies such as General Electric, Uniroyal, and Weingarten.
Julius Glickman has also represented high level executives in negotiating their employment contracts and severance packages. He has represented executives in public and private corporations in which they sought damages and compensation for breach of contract, defamation, and wrongful termination.
In a case in federal court, a federal judge affirming a punitive damage jury award for our client wrote the following about Mr. Glickman:
"[P]laintiff's counsel never once resorted to populist rhetoric and, though he was certainly a vigorous and effective advocate, at all times comported himself in a polite and appropriate manner. . .
"[I]t is noteworthy that while plaintiff's case was not remarkably obvious indeed it seemed to the court rather thin in some respects defendant's principal witnesses were nervous and uncertain in the extreme, so much so that a reasonable fact finder could have thought them deliberately evasive and could have concluded that they had guilty minds."
Robertson Oil Co. v. Phillips Petroleum, 779 F.Supp. 994, 998 (W.D. Ark. 1991).
When Texaco attempted to disqualify the judge in the Texaco-Pennzoil case, Judge Farris chose Julius Glickman to represent him. Mr. Glickman submitted an extensive brief on the law and the defendant's motion to disqualify was denied. Mr. Glickman felt it a great privilege to be trusted with this representation.
Mr. Glickman has represented law firms, partners in major law firms, a former President of the Texas Trial Lawyers, and a former President of the Houston Bar Association. Lawyers refer us most of our cases. We are honored to have their confidence.
Leon Jaworski Award:
In 2004, Mr. Glickman was the recipient of the prestigious Leon Jaworski Award presented by the Houston Bar Association Auxiliary. This award honors a lawyer who has rendered outstanding service to the community.
Best Lawyers in America:
Mr. Glickman has been continually listed in Best Lawyers in America for over 11 years.
Super Lawyers:
Mr. Glickman has been continually listed in Texas Monthly's Super Lawyers, and has been listed in Inside Magazine's Top Lawyers and H-Texas magazine's Top Lawyers.
National Order of the Barristers - Honorary Barrister:
Mr. Glickman was selected Honorary Barrister and selected to the National Order of the Barristers for Having Exhibited Excellence and Attained High Honor through the Art of Courtroom Advocacy.
Mr. Glickman is certified in Civil Trial Law by the Texas Board of Legal Specialization. He is an Advocate of the American Board of Trial Advocates, which is a national organization of trial lawyers composed of approximately 50% plaintiff and 50% defendant. Membership is by invitation only and based upon a vote of the members. Mr. Glickman is past President of the Houston Chapter. He is a past member of the Board of Directors of the State Bar of Texas, was Vice Chairman of the Texas Board of Legal Specialization, and President of the Houston Chapter of Civil Trial Specialists. He is admitted to practice before the U.S. Supreme Court (1994), the U.S. District Court for the Southern District of Texas, the U.S. Fifth Circuit Court of Appeals, the 11th Circuit, and Eastern, Northern and Southern Districts of Texas (1966).
Julius Glickman received his B.A. (cum laude) from The University of Texas at Austin in Plan II (an accelerated Honors program) in 1962. Julius Glickman received his LLB from The University of Texas School of Law in 1966.
Mr. Glickman grew up in Big Spring, Texas and went to The University of Texas at Austin where he was student body President in 1962 and 1963 and was selected an Outstanding Student. He was a member of Friars, Silver Spurs, and the Tejas Club.
Mr. Glickman was Chair of the Development Board at The University of Texas and is Chair-Elect of the Chancellor's Council at The University of Texas System. He has served on the Commission of 125, which was a group of distinguished citizens to give direction to The University for the next 25 years. He is a Life Member of the President's Associates at The University of Texas and is a member of the Museum Council at the newly-opened Jack Blanton Museum, the art museum at The University of Texas. He is a Distinguished Life Member of the Tejas Club and received the Distinguished Alumnus Award from his high school in Big Spring, Texas. He was a founding member of the Blanton Museum of Art.
He is a member of the Philosophical Society of Texas, a non-profit, educational institution founded in 1837. A principal purpose of the Philosophical Society is to foster research and preservation of literary, scientific, and philosophical studies and documents. Membership is limited to two hundred persons of distinction whose lives and characters have furthered the purposes for which the Society was established.
He has been involved in the following organizations:
He and his client, Jimmy Janacek, established a Chair in The University of Texas School of Law in Business and Professional Ethics.
When Julius Glickman was a member of the Board of Directors of the State Bar of Texas, he and the committee he chaired reorganized the Houston area grievance committee system which opened the grievance system to more lawyers and the public and, at the same time, reduced a large backlog of cases pending before the grievance committee. It is a system still in use today in Houston for processing and handling grievances against lawyers.
He was the featured speaker at the Order of the Barristers on the topic, "Professionalism".
He also was the main speaker at both the statewide banquet for new members of the Texas Board of Legal Specialization and at the State Bar Leadership Conference for state and local bar officers, directors and committee chairs on Professionalism - Irrelevant Or Does It Work, Board of Legal Specialization Awards Banquet, State Bar of Texas Leaders Conference, 1995.
He also spoke on Conflicts of Interest, The University of Texas School of Law, 1997.
In his career, Mr. Glickman has handled a wide variety of cases. While he has had areas of substantive emphasis, his specialty is trying cases. We believe that the elements of legal causes of action can be learned relatively quickly through reading of the law. The ability to try a case can be learned only from trying many cases over many years and gaining experience in picking juries, cross-examining witnesses, reading people, and learning what persuades judges and juries.
Below is a list of certain areas of trial practice and subject areas where he has written or spoken before various lawyers and bar associations:
General Strategies for the Trial of a Case
Thinking about how to win is one of the most difficult parts of the case.
Picking Juries
Many people believe that selecting a jury is 80% of the trial.
Experts
Experts play an important role in many cases, particularly in establishing the amount of damages.
Damages and Large Jury Verdicts
Large verdicts are like making music. Every composer has all the notes to write a composition, but only a few can use those notes to make music. Most lawyers have access to the same facts as their adversary. The art of advocacy is making music with the facts.
Defamation and Business Disparagement
One area of special interest for us has been defamation and business disparagement. Defamation includes libel and slander. Slander is defamation by oral statements. Libel is the use of the written word to defame.
Whistleblowing, Wrongful Termination, and Getting Fired for Refusing to Commit Illegal Acts
It is important for society to protect those who refuse to break the law or who bring to light wrongdoing in business and government.
Employment Cases
Disputes Between Businesses and Claims Against Businesses
Business disputes frequently involve great complexity and a wide variety of matters. Mr. Glickman has written or spoken on such matters, including the following:
Minority Shareholder Rights
The rights of shareholders is a growing area, not only in public companies, but for small business.
Business Torts
There are many areas of wrongs by and against businesses. Business torts cover a wide variety of matters, including tortious interference, fraud, antitrust, business disparagement, trade secrets, non-compete agreements, fiduciary duty, and other commercial disputes. Articles include:
Lender Liability
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Fulbright Tower, 1301 McKinney
Suite 2900
Houston, TX 77010