ABOUT THE FIRM
Since its inception on July 1, 1977, De Leon & Washburn has established a national reputation as a strong and effective advocate for its clients. The strength of the firm’s reputation is demonstrated by the recognition of its founder, Hector De Leon, for inclusion in Best Lawyers in America in the area of Insurance Law, and being named a Super Lawyer every year since 2002 in Administrative Law by Texas Monthly. The firm’s practice covers a range of areas of law from administrative law to appellate practice.
In the area of government relations De Leon & Washburn has successfully represented clients before the Texas Legislature and a significant number of state agencies. The firm drafted and successfully negotiated the passage into law of the first single purpose Health Maintenance Organization statute in 1985; which is now codified under Chapter 843 of the Texas Insurance Code. In 1989, the firm drafted and successfully managed the passage into law of an amendment to the Texas Register and Administrative Procedures Act; which mandated that the period for filing a motion for rehearing of a state agency order ran from the date of actual notice to the affected party rather than the date of the state agency order. Such legislation is now codified under Subchapter F of Chapter 4001 of the Texas Government Code.
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From 1989 to date, De Leon & Washburn has successfully represented clients before the Texas legislature on a variety of issues. Most recently, the firm represented St. Mary’s University on issues related to higher education; Sure Score, Inc., on various education related issues; the National Premium Finance Association and the Premium Finance Association of Texas on treatment of premium finance contracts under the Texas Insurance Code; the Thompson Family on increasing the treatment of a failure to stop and render aid from a misdemeanor to a felony; Capitol County Mutual Insurance Company and Columbia Lloyds Insurance Company on property insurance coverage issues; and Santa Fe Automobile Insurance Company on various insurance agent and automobile insurance issues. The record of the firm before the Texas Legislature is superb, having either secured passage of favorable legislation or the defeat of legislation adverse to the interests of the firm’s clients.
In the area of appellate practice, De Leon & Washburn’s record of successful advocacy for its clients dates back to 1989, with the case of Commercial Life Insurance Company v. The Texas State Board of Insurance, 774 S.W.2d 650 (Tex. 1989), which established the legal precedent for the notice period on motions for rehearing discussed previously. The firm also successfully argued the seminal case, Texas Workers Compensation Insurance Fund v. DEL Industrial , Inc., 35 S.W.3d 591 (Tex. 2000), which dealt with the treatment of client companies of staff leasing companies/professional employee organizations under a workers’ compensation policy of insurance. The firm also brought action against the Texas State Board of Plumbing Examiners on behalf of a client, challenging the Board’s adoption of continuing education rules for plumbers and the Board’s awarding of a contract to publish continuing education materials to a competitor. In Texas State Board of Plumbing Examiners v. Associated Plumbing-Heating-Cooling Contractors of Texas, Inc., 31 SW3d 750, the 3rd Court of Appeals affirmed the Travis County District Court’s award of attorneys fees against the Plumbing Board. In an original mandamus proceeding, In re Newton, 146 S.W.3d 648 (Tex. 2004), the firm successfully secured the dissolution by the Texas Supreme Court of a temporary restraining order entered against Associated Republicans of Texas relative to certain activities under the Texas Election Code.
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The nature of the firm’s practice has required a wide range of skills. The firm has engaged in transaction negotiation and the drafting of: legislation, trial and appellate briefs, pleadings and motions, commercial transaction documents, probate documents, employment/independent contractor agreements, trust agreements and Employee Retirement Income Security Act of 1974 (ERISA) employee welfare benefit plan documents.
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De Leon & Washburn has a significant history relative to remedies covering insurance company financial issues. Since its inception in 1977, the Firm has been actively involved in representing management/owners and consumers on matters related to remedies imposed by the Texas Department of Insurance ("TDI") on insurance companies which face financial difficulties. The remedies which the TDI may impose range from Administrative Oversight to Receivership. Most recently, the firm represented an insurance company which had been in Administrative Oversight for several years. The Firm was able to assist the insurance company in successfully navigating the Administrative Oversight to release by the TDI. The insurance company is now operating without any form of extraordinary administrative regulatory review. The Firm has successfully represented consumers in various insurance financial remedy matters. Most recently, the Firm was able to assist a trust consumer client in securing a settlement with an insurance company Receivership Estate in excess of $55,000,000.00. In 2009 the Firm was able to assist a Fortune 500 Company secure a settlement with a Receivership Estate in excess of $12,000,000.00. Whether it is representation of a consumer or management/owners in insurance financial remedy matters, the Firm brings a wealth of experience in effectively representing the interests of its clients.
The firm has a well earned reputation as a premier administrative law practitioner. The administrative law practice of the firm covers a broad range of state agencies on a wide variety of professions and disciplines. The administrative practice includes representation of clients at the Staff level on issues which include filings and permits to disciplinary or adversary. While De Leon & Washburn strives to address issues at the Staff level, it is well equipped to and does represent clients before the State Office of Administrative Hearings on contested case matters.
De Leon & Washburn is a small law firm with an extensive history of working on its clients’ behalf and in conjunction with other law firms to secure a successful result for those clients seeking its services. The hallmark of De Leon & Washburn is effective representation of its clients, always keeping in mind that the interests of the client are paramount.
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