Recent Publications

Slip Slidin' Away: Easements, Avulsion, Access, and the Ever Changing Law of Beachfront Property

As seen in At the Cutting Edge 2011: Land Use Law from The Urban Lawyer, American Bar Association © October 2011. >>

New Requirements Under Texas Eminent Domain Laws

The 2011 Texas Legislature adopted broad changes to eminent domain laws that take effect on September 1, 2011. Under the new law, public and private entities that hold condemnation power face important new requirements and deadlines. >>



Sandy D. Hellums

Associate

ХЬЮСТОН


1 Houston Center
1221 McKinney Street
Suite 2100
Houston, Texas 77010
т: +1 713.547.2556
ф: +1 713.236.5575

Области практики

Образование

  • J.D., College of William & Mary, 2002, Managing Editor, William & Mary Bill of Rights Journal
  • M.A., Political Science, University of Houston, 1999
  • B.A., American Studies, Wellesley College, 1995, cum laude

КВАЛИФИКАЦИЯ

  • Texas, 2002

Допуск к ведению дел в судах

  • U.S. District Court for the Southern District of Texas
  • U.S. Court of Appeals for the Fifth Circuit

Практика в качестве клерка в судах

Briefing Attorney to The Honorable Leslie Brock Yates; Fourteenth Court of Appeals, Houston, Texas (2002-2003)

Building on her background in law and policy, Sandy Hellums primarily concentrates her litigation practice in the area of public law. She represents public and private entities on an array of issues including civil rights, planning and zoning, transportation and infrastructure projects, public housing, election law disputes, open records and meetings requirements, as well as commercial contract and tort disputes.

At Haynes and Boone, Sandy provides general counsel, legislative, and litigation services to public and private entities with an emphasis on infrastructure and land use related matters. From litigating novel condemnation issues to multi-state legislative analysis on disaster recovery, she provides a wide range of services to transportation entities, utilities, developers, and engineering and construction companies.

Most recently, Sandy successfully represented an international rail car company in a supply agreement dispute with a local transit authority. The matter involved Federal Transit Administration findings, Buy America compliance, and local procurement issues. Using legal and business advice, her client was able to resolve the matter without the need for protracted litigation.

Sandy combines her passion for public works with her civic service. She has served on the City of Sugar Land's Planning and Zoning Commission and Mobility Advisory Committee. Prior to this, she served on the City's Charter Review Commission and the Parks and Recreation Policy Review Panel.

In addition to her public law practice, Sandy has extensive experience in large scale business disputes, including derivative matters and governmental investigations, for energy, banking and other commercial entities. She has managed large scale document review and production in numerous complex commercial disputes.

Selected Client Representations

  • Advised Gulf Coast Rail District on engineering and feasibility agreements.
  • Advised construction company on transportation regulations and financing for county wide toll road project.
  • Advised community college on obtaining county wide permitting and traffic impact mitigation.
  • Advised municipality regarding planning and zoning restrictions on natural gas pipeline.
  • Advised oil production company in inverse condemnation action against home-rule city involving municipal ordinances regarding drilling.
  • Advised water utility regarding contractual immunity issues and eminent domain powers.
  • Conducted multi-state legislative analysis on building codes and regulations.
  • Conducted multi-state legislative analysis of eminent domain procedures and condemnation insurance.
  • Represent gas utility in inverse condemnation against trespass action against homeowners association.
  • Obtained favorable trial outcome for local governmental entity in public stadium construction defect dispute.
  • Defeated class certification and obtained dismissal of Fair Labor Standards Act action on behalf of local public hospital district.
  • Prosecuted code violations and misdemeanors for the City of Houston Municipal Courts as a volunteer prosecutor.

Publications

  • "Slip Slidin' Away: Easements, Avulsion, Access, and the Ever Changing Law of Beachfront Property," At the Cutting Edge 2011: Land Use Law from The Urban Lawyer, American Bar Association, co-author with Katharine D. David, October 2011.
  • "Who's the Boss: Determining Your True Client When Representing a Governmental Entity," Address before Best Practices for Public Sector Lawyers, co-author with Casey Wallace, (July 2010).
  • "Texas Supreme Court Resets Public Information Act Deadline," Hous. Lawyer, co-author with Casey Wallace, Mar./Apr. 2010, at 51.
  • Co-contributor to chapter on Cleantech Financing in legal treatise Energy Law and Transactions, 2009. 
  • "Eminent Domain and the 2009 Texas Legislature," Haynes and Boone Client Alert, Feb. 9, 2009.
  • "Introduction to Discovery," Address before Haynes and Boone First-Year Litigation Training, Sept. 24, 2008.
  • "The ABCs of the Use of Outside Counsel," Address before Suing and Defending Governmental Entities Boot Camp, co-author with Casey Wallace, July 23, 2008.
  • "A Long and Winding Road: Federal Funding for Interstate Toll Roads," 40 THE URBAN LAWYER 3, 495, Summer 2008, co-author with Casey Wallace.
  • "Sovereign Immunity on Quantum Meruit Claims," HOUS. LAWYER, Nov./Dec. 2007, at 32, co-author with Casey Wallace.
  • "Note, Bits and Bites: The Carnivore Initiative and the Search and Seizure of E-Mail," 10 WM. & MARY BILL RTS. J. 2002.
  • "Privacy Law and the Challenge of New Communications Technologies: An Analysis of Encryption and Digital Telephony," 1999 (unpublished M.A. Thesis, University of Houston) (on file with the University of Houston Library).

Professional Recognition

  • Commissioned by Governor Perry as a Yellow Rose of Texas (2010)
  • Selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2010-2011)

Professional Leadership

  • City of Sugar Land Planning and Zoning Commissioner
  • City of Sugar Land Mobility Advisory Committee
  • CSTEM Board of Directors Member
  • City of Sugar Land Parks and Recreation Board, 2008-2009
  • 2008 City of Sugar Land Charter Review Commission
  • Texas Bar Foundation, Fellow
  • Houston Society for the Prevention of Cruelty to Animals, Advisory Board Member
  • ABA Energy Litigation Journal, Editorial Board 2008-2009
  • Young Leaders, United Way of Greater Houston

Selected Representative Experience


Lentz Engineering, L.C. v. Brown, No. 14-10-00610-CV, 2011 WL 4449655 (Tex. App.-Houston [14th Dist.] Sept. 27, 2011)
Successfully defended on appeal a judgment that a plaintiff take nothing from a real estate investor on plaintiff's breach of contract claim.

White v. Harris County Texas, et al., Cause No. 4:07-cv-02112 in the Southern District of Texas
Following presentation of the Plaintiff's case, obtained a judgment as a matter of law on behalf of Harris County Deputy Sheriff in a civil rights action. The matter involved claims of excessive force and wrongful arrest against the deputy and Harris County. Haynes and Boone previously won a partial summary judgment on the excessive force claim and successfully excluded a large portion of Plaintiff's evidence in pre-trial motions. After argument from counsel, the court found that the Plaintiff had failed to carry its burden on qualified immunity and found in favor of the Defendant.

In re David Buren Wilson, No. 14-10-00045-CV, (Tex. App. -Houston[14th Dist.] Jan. 20, 2010) (orig. proceeding) (mem. op.)
Before the trial court and in a mandamus proceeding involving a dispute over the construction of the Texas Election Code, successfully defeated a potential opponent's attempt to have his name placed on the primary ballot.

In re Dorman, No. 14-10-00024-CV, (Tex. App.—Houston [14th Dist.] Jan. 12, 2010], orig. proceeding)(mem. op.)
In a mandamus proceeding involving a dispute over the construction of the Texas Election Code, successfully defended the trial court’s removal from the ballot of a candidate for Harris County District Clerk.

Wilson v. Barcella, No. 07-20345 (5th Cir. July 10, 2008)
Obtained summary judgment for former U.S. Attorney and Assistant U.S. Attorney in civil rights suit alleging failure to disclose exculpatory evidence that was subsequently affirmed by the Fifth Circuit Court of Appeals.

Navasota Resources, L.P. v. First Source Texas, Inc., 249 S.W.3d 526 (Tex. App.-Waco 2008, pet. denied)
On behalf of an oil and gas exploration company, obtained reversal of an adverse trial court ruling and rendition of an appellate judgment enforcing a preferential right to purchase oil and gas leasehold interests.

Preferential Right Litigation
Representing an oil and gas exploration company in litigation involving the enforcement of a preferential right to purchase.

Dynegy Inc. Securities and Derivative Litigation
Represented Dynegy Inc. in putative securities class action and in shareholder derivative suits arising from allegations of fraudulent accounting treatment of certain energy contracts and a natural gas transaction, and from purported energy market manipulation.

Power Plant and Power Purchase Agreement Arbitration
Represented an energy company in an arbitration involving a long-term power purchase agreement and the design and construction of an 1100 megawatt electric power plant.

Disaster Management and Response
Advised state and local officials regarding disaster response and management issues.

Eminent Domain and Inverse Condemnation
Represent and counsel public and private entities in eminent domain and inverse condemnation actions including right-of-way acquisition, regulatory takings, valuation determinations, and utilities relocation.

Infrastructure - Rail
Represent public and private entities in all aspects of the bid, design, and build process relating to urban light-rail projects.

FLSA Collective Action—Overtime Compensation for Meal Breaks; In the 269th Judicial District Court of Harris County, Texas
Represented a hospital district in an FLSA collective action maintained by a proposed class of anesthesia technicians, registered nurses and licensed vocational nurses who were allegedly required to work through meal breaks that were automatically deducted from their paychecks. The putative class potentially included over 2,000 members. We prevailed at the conditional certification stage when the court denied plaintiffs’ motion for conditional class certification. Thereafter, the named Plaintiffs non-suited their case with prejudice before trial.

Infrastructure - Highways and Toll Roads
Represent finance, engineering, and construction companies in all aspects of the bid, design, build, and operations process for toll road projects in Hidalgo, Dallas, and Harris County.

Carnaby v. City of Houston, Cause No. 4:08-cv-1366 in the Southern District of Texas
Obtained summary judgment on behalf of City of Houston in wrongful death civil rights suit alleging failure to train and supervise with regards to high risk vehicle approaches and use of force.

Public Information and Open Meetings
Represent public and private entities in responding to public information requests to state and local governmental entities. We have also advised our public entity clients regarding compliance with open meeting requirements.

Ray Ferguson Interests Inc. v. Harris County Sports and Convention Corp., et al., Cause No. 2002-24597 in the 334th Judicial District Court of Harris County, Texas
Successfully settled stadium-related litigation, resulting in $1.1 million payment to client Harris County Sports & Convention Corp. in an action brought by a contractor. Also prevailed on breach-of-contract claims following six-week jury trial.

Enron Corporation Securities Litigation
We are defending a major investment banking firm in multi-district litigation arising out of the collapse of Enron Corporation and involving single institutional plaintiff and class action suits.

Oilfield Services Trade Secret Dispute
Defended start-up oilfield service company and former employees of rival oilfield service company in trade secret/fiduciary duty dispute and achieved "walk-away" after filing counterclaims against the former employer.

Членства

  • Houston Bar Association
  • American Bar Association (State and Local Government and Energy Litigation Sections)
  • Greater Houston Partnership Government Relations and Transportation Committee Member
  • United Way of Texas Gulf Coast’s Young Leaders
  • Houston Zoo Asante Society

Публикации

10/01/2011 - Slip Slidin' Away: Easements, Avulsion, Access, and the Ever Changing Law of Beachfront Property
As seen in At the Cutting Edge 2011: Land Use Law from The Urban Lawyer, American Bar Association © October 2011.

09/01/2011 - New Requirements Under Texas Eminent Domain Laws
The 2011 Texas Legislature adopted broad changes to eminent domain laws that take effect on September 1, 2011. Under the new law, public and private entities that hold condemnation power face important new requirements and deadlines.

03/03/2011 - Nothing Personal: Supreme Court Denies Corporate Privacy Exception Under FOIA
Corporate documents provided to the government as part of an investigation of the company are not excepted from disclosure for “personal privacy” purposes under the Freedom of Information Act (FOIA). In Federal Communications Comm. v. AT&T Inc., the Supreme Court held AT&T did not have a personal privacy interest in documents the company provided to the FCC during an investigation.

01/10/2011 - Employer Has Standing Under PIA to Seek Mandamus Relief When Information Requested by Employee is Not Released
Under the Texas Public Information Act, a “requestor” may file suit for a writ of mandamus compelling the release of public information. In The City of Dallas v. The Dallas Morning News, the Dallas Court of Appeals held that an employer has standing to file such a suit when its employee made the initial request.

06/17/2010 - New Barriers to Campaign Spending? Schumer-Van Hollen Campaign Finance Bill
A new campaign finance bill sponsored by Senator Chuck Schumer and Representative Chris Van Hollen would impose new spending restrictions and disclosure requirements.

05/17/2010 - Texas Ethics Commission Reacts to Citizens United
The Texas Ethics Commission (TEC) recently adopted an advisory opinion that gives all corporations and unions some degree of certainty if they choose to make direct campaign expenditures, the Texas equivalent of the “independent expenditures” the U.S. Supreme Court addressed in Citizens United v. Federal Election Commission.

02/23/2010 - Texas Supreme Court Resets Public Information Act’s Ten-Day Deadline
When a governmental entity believes that information requested from it under the Texas Public Information Act (“PIA”) is exempt from disclosure, the PIA requires the entity to request an attorney general’s opinion within 10 business days after receiving the request. However, the PIA also allows the governmental entity to ask the requestor to clarify a request it finds to be unclear.

02/09/2010 - Citizens United v. Federal Election Commission
On January 21, the U.S. Supreme Court struck down the restrictions on corporate expenditures encompassed in the Bi-Partisan Campaign Reform Act of 2002 (commonly known as the McCain-Feingold Act).

07/16/2009 - The ABCs of Sovereign Immunity
Presentation to the State Bar of Texas 21st Annual Suing and Defending Governmental Entities Course, July 16-17, 2009.

02/19/2009 - The Opportunities and Risks of the New Federal Stimulus Bill
On February 19th, Haynes and Boone hosted a teleconference examining the business opportunities and risks inherent in the American Recovery and Reinvestment Act of 2009 (commonly referred to as the Stimulus Bill). To learn more about how this important new legislation will impact you and your business, please contact your Haynes and Boone attorney. 

02/09/2009 - Eminent Domain and 2009 Texas Legislature
Sparked by challenges like the Supreme Court’s landmark Kelo decision and public outcry against projects like the now-defunct Trans-Texas Corridor, the 2009 Texas Legislature is debating issues surrounding eminent domain. Currently, legislators have proposed two constitutional amendments and five statutory changes regarding eminent domain, each seeking to limit the state’s power to take private property for public use. The adoption of any of these laws will result in significant changes to the condemnation process in Texas.