Page 18 - The American Lawyer Trailblazers - South 2022

Texas

Deborah Williamson

Dykema Gossett

What was the idea which made you a trailblazer?
Oil and gas has a language full of acronyms, complex operations, unique valuations and different financial met-
rics. I initially represented lenders to Exploration & Production (“E&P”) companies. Over the years, my practice
expanded to include representation of multiple debtors as well as creditors. There was no study guide—my ability
to effectively participate was acquired only through extensive reading, intensive questions and focused listening.
In 2009, I was engaged to represent a publicly traded E&P company. There was still no easily accessible source
for attorneys to quickly grasp the fundamentals of oil and gas. Equally important, there was no place for industry
professionals to understand how a bankruptcy would affect their company.
What sort of change resulted from your concept?
I approached the American Bankruptcy Institute (ABI) regarding a new publication which would be a source for
bankruptcy attorneys to understand the fundamentals of oil and gas and for those in the industry to gain a grasp
of bankruptcy. Working with Meghan DeBard, we created a draft which focused on Texas (the source of so much
of the law and practice), which was supplemented by lawyers from other oil and gas producing states. The result
was the publication by ABI of When Gushers Go Dry. The second edition addressed new issues and decisions.
When Gushers Go Dry remains the only guide to oil and gas bankruptcy. I often go into meetings and see other
professionals with a copy.
What bearing does this have on the future?
With high commodity prices, oil and gas is literally booming. Good times do not last in this volatile industry.
Knowledge of how to navigate oil and gas is relevant in negotiating today’s agreements and tomorrow when the
market changes.

John Zavitsanos

Ahmad, Zavitsanos & Mensing

What was the genesis of the idea/path that has made you a trailblazer?
The determined desire of my client TeamHealth to seek fair insurance reimbursements for ER doctors around the
nation led me to my first case. Insurers have been on a 5–10-year plan to cut reimbursements—jeopardizing the
very existence of emergency rooms around the country.
I was hired six days before the first jury trial, and we won $9.4 million for this worthy cause. That case was in Ar-
kansas in 2020. In 2021 the same insurance company defendant settled other similar lawsuits and started paying
fair prices to ER physicians.
What sort of change has resulted from the concept?
Our second jury trial about ER doctor underpayment was in Houston in 2021 and resulted in a $19.1 million jury ver-
dict against a second insurer. The momentum became clearer in a closely watched two-month trial in 2021 when
a Nevada case ended in a more than $75 million judgment against the nation’s largest insurer, United Healthcare.
In the last two cases, the juries found the insurers liable for unjust enrichment, breach of contract and unfair insur-
ance practices. These three are the first trials in the nation to define reasonable rates for ER docs, especially when
they are out of network.

What bearing will this have on the future?
The CEO of TeamHealth said of the Nevada verdict: “Our win … will meaningfully impact every front-line physician
in America—and that’s no exaggeration.”
This Nevada win against the largest U.S. insurer could be a bellwether for the more than two dozen similar cases
around the nation against various insurers to stop systematic underpayment of ER doctors’ groups by insurance
companies.

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