Barbara Ann Radnofsky, the author of the proposed State litigation alleging negligence and fraud against Wall Street firms, analyzed Goldman Sachs's $550 million fraud settlement and statements. "The Goldman announcement of mistake and corrective measures are excellent new evidence of negligence, apart from the fraud we allege," she said. Goldman Sachs settled fraud allegations brought by the Securities and Exchange Commission. By paying over half a billion dollars to settle, Goldman Sachs avoided having to confess fraud. Goldman Sachs made an extraordinary concession that it "made a mistake" by not disclosing that the securities it sold were secretly designed by Paulsen and Co. to fail, not to make money for the innocent purchasers. Goldman Sachs also outlined additional measures and claims it will now take to toughening oversight of mortgage securities, marketing materials and the employees who create or pitch.

Former Governor of Texas Mark White, who served also as Attorney General for the State of Texas, called on the Texas Attorney General to file suit on the strength of the week's developments, explaining: "Radnofsky's proposed State suit versus Goldman Sachs and other Wall Street firms is greatly aided by Goldman's concessions announced today. The State of Texas has suffered as a result of Wall Street negligence and fraud. And the harm to the State we love is physical as well as economic."

White continued, "Ms. Radnofsky's case is a much better case than the Tobacco litigation. Ms. Radnofsky is best known for her decades of work as a top defense lawyer. She understands and can prosecute better than any other lawyer on a major case of this size. Each State should follow suit to recover for the negligence and other misconduct of Wall Street."

Goldman's confession of mistake and changes in oversight of its securities and its employees are welcome new developments in Radnofsky's proposed litigation. A State can sue for negligence as well as fraud damages. Radnofsky: "The evidence of misconduct causing the economic collapse of September 2008 extends far beyond Goldman Sachs." The Wall Street Journal reports on July 16, 2010 that "many of the Goldman practices that were targeted by the Securities and Exchange Commission were used by other big Wall Street firms....some banks and other financial firms lost billions on the high stakes housing wagers, leading to taxpayer-funded bailouts."

In a July 6, 2010 press release, Radnofsky pledged that as Attorney General, she would only use great lawyers willing to handle this case at no fee and the fine lawyers within the Attorney General's office.

For legal briefing on negligence damages collectable by a state or for briefing on how fraud by Wall Street firms sustains State litigation, please request special issue briefs 11 and 17; or for other information contact: Katie Floyd at katie.floyd@radnofsky.com.

###

During her 30 year legal career, Barbara Ann Radnofsky, 2010 Democratic nominee for Texas Attorney General, has represented retirees, life-saving doctors, blood banks, children burned by lighters, families of murder victims, unfairly treated businesses: a wide variety of persons entitled to protection. Barbara Ann graduated with honors from the University of Houston and the University of Texas School of Law.

She was honored as the Outstanding Young Lawyer of Texas in 1988 and for the past 17 years she has been listed in "Best Lawyers in America". Prior to 2006, she was a partner at the law firm of Vinson & Elkins in Houston, where she served as head of the Alternate Dispute Resolution Section. She was the first woman at Vinson & Elkins to have children as an associate and later attain partnership. Texas has never had a woman Attorney General.

Media Contact:
Katie Floyd: 713-858-9391 (cell); 713-357-3360(office); katie.floyd@radnofsky.com

Recent press claims express the same concerns as expressed during the State Democratic Convention by the Texas Attorney General's spokesman concerning private legal fees in Barbara Ann Radnofsky's proposed lawsuit by Texas against the Wall Street banks for their financial misconduct that brought down the economy in September 2008.

Radnofsky pledged: "As Attorney General, I will only use great lawyers willing to handle this case at no fee and the fine lawyers within the Attorney General's office. I've already got volunteer counsel. I made a written pledge to work with the current Attorney General, at no fee, with other volunteer counsel I identified to him, to get the lawsuit timely filed. I renew my pledge made in writing to the AG."

Radnofsky continued: "While the State is, in many cases, not barred by limitations, we don't want to fuel a Wall Street argument that the 2 year Texas negligence time limit is statutory and applies to the State. With the key components now available at his desk, Mr. Abbott can and should file the suit to safely avoid Wall Street's arguments."

Former Governor/Texas Attorney General Mark White staunchly supports Radnofsky's plan, Complaint and briefing, available at www.suewallstreet.com: "Barbara Ann has sent the Attorney General a brilliant, simple lawsuit that will bring billions of dollars back to the State of Texas, with no private legal fees.

"The suit should be filed before September 2010. It is clear the State has been damaged. It is clear that the AG is the proper person to file to protect the State and its citizens. It would be unfortunate if the AG allowed limitations to become an issue by not filing this lawsuit within 2 years from the devastation of September 2008. Taking the lead allows for greater control and recovery of damages for Texas."

The proposed lawsuit is supported by former Texas Governor White, law professors, a top forensic CPA, former President of the State Bar of Texas, and a number of great lawyers. Its purpose is to protect the physical and economic interests of Texas.

###

During her 30 year legal career, Barbara Ann has represented retirees, life-saving doctors, blood banks, children burned by lighters, families of murder victims, unfairly treated businesses: a wide variety of persons entitled to protection. Barbara Ann graduated with honors from the University of Houston and the University of Texas School of Law.

She was honored as the Outstanding Young Lawyer of Texas in 1988 and for the past 17 years she has been listed in "Best Lawyers in America". Prior to 2006, she was a partner at the law firm of Vinson & Elkins in Houston, where she served as head of the Alternate Dispute Resolution Section. She was the first woman at Vinson & Elkins to have children as an associate and later attain partnership. Texas has never had a woman Attorney General.

Media Contact:
Katie Floyd: 713-357-3360(office); katie.floyd@radnofsky.com

The Texas State Democratic Party Platform includes and endorses the efforts of Barbara Ann Radnofsky, 2010 Democratic nominee for Texas Attorney General, in writing, researching and proposing a State Attorney General lawsuit to recover damages for Wall Street misconduct.

The headline: "Good Jobs, Rebuilding from an Economic Crisis". The official platform, adopted on June 26, 2010, states: "To hold irresponsible Wall Street speculators accountable for wrongful conduct that has contributed to a financial crisis that damaged the State of Texas and its citizens, Texas Democrats believe Texas taxpayers are entitled to economic recovery. We endorse the initiative by Attorney General nominee Barbara Ann Radnofsky to take State legal action to recover these losses on our behalf."

Radnofsky provided the Legal Complaint with her and other counsel's offer to handle the case for no fee to Texas Attorney General Abbott on Monday, June 21, 2010.

###

During her 30 year legal career, Barbara Ann has represented retirees, life-saving doctors, blood banks, children burned by lighters, families of murder victims, unfairly treated businesses: a wide variety of persons entitled to protection. Barbara Ann graduated with honors from the University of Houston and the University of Texas School of Law. 

She was honored as the Outstanding Young Lawyer of Texas in 1988 and for the past 17 years she has been listed in "Best Lawyers in America".  Prior to 2006, she was a partner at the law firm of Vinson & Elkins in Houston, where she served as head of the Alternate Dispute Resolution Section.  She was the first woman at Vinson & Elkins to have children as an associate and later attain partnership.  Texas has never had a woman Attorney General.

Media Contact:
Katie Floyd: 713-357-3360(office); katie.floyd@radnofsky.com

Texas Attorney General Greg Abbott, 48 days after the British Petroleum disaster in the Gulf, reaffirmed the "ecological and environmental disaster", claimed "Texas has not suffered any damages yet," and specified his "reaction" as "nothing but sheer frustration and aggravation".  He offered no regrets for his May 3 statement that BP had made "all the right actions and all the right comments".[i]

Barbara Ann Radnofsky, 2010 Democratic nominee for Texas Attorney General, responded:

"Texans died in the explosion. Texas has been damaged in many ways that need to be investigated. The AG's confessed reaction of 'nothing but sheer frustration and aggravation' is common among overwhelmed young lawyers."

In a most regrettable conclusion for the people of Texas, the Texas Attorney General aided potential defendants in the Gulf disaster by denying deaths, economic and sub-surface ecological damages preceding visible oil on our shores. He proclaimed, as of June 8:

"The truth is, Texas has not suffered any damages yet, but we want to be ready in the event that oil does come to Texas."

Radnofsky continued:

"We've accurately quoted Mr. Abbott's 13th day response that BP had made 'all the right actions and all the right comments'. While Mr. Abbott may be emotionally fragile, he could still issue a civil investigative demand, a powerful AG subpoena-like tool.  His campaign website remains empty of information or reaction other than to hawk T-shirts as news.

"He allows every potential wrongdoer to escape damage responsibility to Texas as of June 8, 2010."

On Monday, June 7, Barbara Ann Radnofsky received the endorsement of the Texas League of Conservation Voters. 

Barbara Ann accepted an invitation from the League of Women Voters to attend a candidate forum on Monday, July 5 in Kerrville, Texas from 7:00 p.m. - 9:00 p.m. and invited Mr. Abbott to accept the League of Women voters invitation.  We must confront the Gulf disaster.

###

During her 30 year legal career, Barbara Ann has represented retirees, life-saving doctors, blood banks, children burned by lighters, families of murder victims, unfairly treated businesses: a wide variety of persons entitled to protection. Barbara Ann graduated with honors from the University of Houston and the University of Texas School of Law.   She was honored as the Outstanding Young Lawyer of Texas in 1988 and for the past 17 years she has been listed in "Best Lawyers in America".

Prior to 2006, she was a partner at the law firm of Vinson & Elkins in Houston, where she served as head of the Alternate Dispute Resolution Section.  She was the first woman at Vinson & Elkins to have children as an associate and later attain partnership.  Texas has never had a woman Attorney General. 

Media Contact:
Katie Floyd: 713-357-3360 (office); katie.floyd@radnofsky.com

[i] Dallas Morning News. "Abbott Denies Campaign Rival's Charge That He Went Easy on BP." June 8, 2010; Texas Tribune.  May 3, 2010.

Today, Barbara Ann Radnofsky, a 30-year lawyer, retired Vinson & Elkins partner, and 2010 Democratic nominee for Texas Attorney General, provided Texas Attorney General Greg Abbott an $18 billion lawsuit against Wall Street. The lawsuit, supported by law professors, former Governor/Texas Attorney General Mark White, University of California, Irvine Dean Erwin Chemerinsky, former President of the State Bar of Texas, Bill Whitehurst and prominent statewide lawyers, sues to protect the physical and economic interests of Texas under well established Supreme Court law.   Radnofsky is launching a petition drive at www.SueWallStreet.com today to collect 100,000 signatures urging States Attorneys General to sue, using the materials at SueWallStreet.com.  Radnofsky offered the lawsuit and her legal services at no fee to work on the case in a letter to the Texas Attorney General.

Time is of the essence because the right to sue for negligence will likely expire in September 2010 (due to a 2 year legal "Limitation" period in Texas). Fraud and other doctrines allow longer time periods, but negligence law likely requires such a lawsuit be filed before September 2010.

Radnofsky: "Texas and every other state can obtain justice from the scoundrels of Wall Street and achieve what the federal government has failed to do."

State Attorneys General successfully sued Big Tobacco, using a long history of Supreme Court cases. Their hard work resulted in settlements reported in hundreds of billions of dollars and other relief, including the retirement of Joe Camel. Using the same cases and even better, modern Supreme Court cases on the right of a State to protect its citizens and well being, Barbara Ann brought together a group of respected law professors, lawyers and a forensic CPA to develop the States case to support the current proposed lawsuit. And, in this case, as a public service, Radnofsky offered to handle the litigation at no fee. Counsel Steve Malouf also offers to handle the litigation at no fee.

Radnofsky provides a Legal Memo and the lawsuit at SueWallStreet.com. The experts she has gathered, ready to assist, include:

Hon. Mark White, former Governor and Texas Attorney General

Bill Whitehurst, former President, State Bar of Texas

Dean Erwin Chemerinsky, University of California, Irvine

Professor Charles Silver, University of Texas School of Law

Professor Susan Klein, University of Texas School of Law
 
Jeannie McClure, Forensic CPA

Larry Joe Doherty, Attorney

Tommy Fibich, Attorney

Steve Malouf, Attorney

Mark Mueller, Attorney

Nick Patton, Attorney

Defendants include Goldman Sachs, Morgan Stanley, AIG and ratings companies.  

Texas former Governor Mark White, a well respected and admired former Attorney General, wholeheartedly endorsed the lawsuit and doctrine. White: "This is a brilliant idea, simple and clear, with more than 100 years of use. In Texas, the tobacco litigation proved the leadership role of the Texas Attorney General in protecting the well being of the state and its citizens. Money damages are most appropriate, in addition to non-money damages also permitted. And, the negligence doctrine pled by Ms. Radnofsky will trigger the Wall Street companies' insurance policies for their malpractice, errors and omissions."

Forensic CPA Jeannie McClure stepped forward to provide insight on economic harms traced to Wall Street conduct, explaining: "Modern economic modeling allows us to trace and identify the harms caused by Wall Street banks and other company conduct. We can prove the harm caused to the Texas economy and the prosperity and well being of its citizenry."

Larry Joe Doherty a 40- year lawyer whose specialty is legal professional ethics endorsed the theory and the lawsuit, explaining:  "The Texas Attorney General should file Radnofsky's valid complaint. Attorney General Abbott of Texas is ethically obligated to protect Texas' financial interests. He's our lawyer, our only access to the courts on this case. If he fails to protect us we can't all sue him for malpractice, but his failure will be malpractice, nonetheless. The tobacco litigation proved the 'Right' and ability of Texas to fight the 'Robber Barons of Commerce.' This is a right of this State that will be lost, if Attorney General Abbott falls asleep at the wheel or worse, knuckles under to the political pressure of big business.  They may be 'Too Big To Fail,' but they are not 'Too Big To Be Sued'."

Professor Charles Silver provides 2010 perspective to this litigation: "No one doubts that the State of Texas could sue BP, Transocean, and Halliburton to protect its citizens from the consequences of the massive oil spill in the Gulf. This is true because the spill poses a threat to the general welfare of Texans. For the same reason, Texas can also sue the investment bankers and others whose actions contributed to the Great Recession, which has polluted the State's financial environment just as surely as the Deepwater Horizon disaster threatens to pollute the State's beaches and waters. A court will decide whether the proper legal cause of action is common law fraud, RICO, or something else, but the State is clearly entitled to protect its citizens from generalized harms to their economic or physical wellbeing."

###

During her 30 year legal career, Barbara Ann has represented retirees, life-saving doctors, blood banks, children burned by lighters, families of murder victims, unfairly treated businesses: a wide variety of persons entitled to protection. Barbara Ann graduated with honors from the University of Houston and the University of Texas School of Law. 

She was honored as the Outstanding Young Lawyer of Texas in 1988 and for the past 17 years she has been listed in "Best Lawyers in America".  Prior to 2006, she was a partner at the law firm of Vinson & Elkins in Houston, where she served as head of the Alternate Dispute Resolution Section.  She was the first woman at Vinson & Elkins to have children as an associate and later attain partnership.  Texas has never had a woman Attorney General.

Media Contact:
Katie Floyd
713-858-9391 (cell)
713-357-3360(office)
katie.floyd@radnofsky.com

We are 18 days out from Texas Attorney General Greg Abbott's May 3, 2010 pronouncement concerning the April 20 BP disaster in the Gulf of Mexico that BP had made "all the right actions and all the right comments".[i]

Attorney General Abbott's unwavering defense of BP remains wrong. Prior press releases highlight six wrong BP actions and statements, including BP's own admissions of missteps, use of inferior dispersants and misstatements of ability to contain the spill offshore, leak size and ability to handle a "worst case scenario".[ii] And, Mr. Abbott has yet another reason to retract his May 3 embrace of BP.

BP proceeded outside its own emergency crisis plan. Poorly prepared, BP then failed to assess its contingency and safety plans.[iii]  BP absurdly claimed it must wait to measure the oil spill until the spill is contained. [iv] This misconduct ignores safety concerns. Waterkeeper Alliance has specifically listed the important monitoring needed for safety reasons.[v]

The Attorney General should proceed now with discovery against BP, requiring BP to produce its disaster contingency plans as of April 20, and all new plans developed after.

The Texas Attorney General has massive power to demand BP's plans. She could do it via a subpoena-like tool called a "civil investigative demand." A similar CID to each energy company operating in the Gulf of Mexico would reveal all prior and current plans.

Barbara Ann Radnofsky, 2010 Democratic nominee for Texas Attorney General: "Texas should study all contingency plans, to deal with the harm to the environment and prevent future disasters. If NASA had waited two weeks after Apollo 13 experienced trouble to develop proper contingency plans, we'd have lost 3 brave astronauts.

"In his prompt, over-zealous defense of BP, Mr. Abbott demonstrates he will not fight for Texas, his true client. Greg Abbott should retract his foolish defense and issue Civil Investigative Demands, so we can assess past conduct, learn how to prevent similar catastrophes from occurring, and control future damage. Mr. Abbott's two million dollars in oil and gas campaign donations blinded him to his duty: serve Texas, not British Petroleum."

###

During her 30 year legal career, Barbara Ann has represented retirees, life-saving doctors, blood banks, children burned by lighters, families of murder victims, unfairly treated businesses: a wide variety of persons entitled to protection. Barbara Ann graduated with honors from the University of Houston and the University of Texas School of Law.   She was honored as the Outstanding Young Lawyer of Texas in 1988 and for the past 17 years she has been listed in "Best Lawyers in America".

Prior to 2006, she was a partner at the law firm of Vinson & Elkins in Houston, where she served as head of the Alternate Dispute Resolution Section.  She was the first woman at Vinson & Elkins to have children as an associate and later attain partnership.  Texas has never had a woman Attorney General. 

Media Contact:
Katie Floyd: 713-357-3360 (office); katie.floyd@radnofsky.com

[i] Texas Tribune, May 3, 2010

[ii] Radnofsky Campaign Press Releases: AG Abbott's Quick Defense of BP Will Backfire; Abbott Defends BP: Day 10; 2,000,000 Reasons Abbott Defends BP: Day 14

[iii] USA Today, "BP Emergency Plan Shows Lack of Readiness for Oil Spill." May 18, 2010. "The 582-page document, titled 'Regional Oil Spill Response Plan - Gulf of Mexico' was approved in July by the federal Minerals Management Service (MMS).  It details how to use chemical dispersants and providers instructions on what to say to the news media, but it does not mention how to react if a deep-water well spews oil uncontrollably."

[iv] Houston Chronicle, May 19, 2010 (page B8)

[v] Waterkeeper Alliance has recommended: Rigorously and fully perform tests on the water column to determine what toxicity risks and dangers the Gulf's people, communities, and fish and wildlife are being exposed to. Conduct full and diligent tracking and testing of the flesh of fish, turtles and other marine animals to detect the presence of toxins associated with dispersants being used in the Gulf of Mexico by BP. Improve air-quality testing, increase the number of air monitoring stations (which are wholly inadequate now), and establish monitoring stations in population centers. And, full transparency in the straightforward public communication of these findings so that residents of gulf communities, public officials, and spill responders can take appropriate safety precautions.

Barbara Ann Radnofsky, 2010 Democratic nominee for Texas Attorney General, responded to today's ruling from Attorney General Abbott preventing educational employees' voluntary paycheck deductions for political donations.
 
Radnofsky: "Today the Attorney General issued yet another partisan, politicized decision. Greg Abbott stifles teachers, librarians, custodians, plant maintenance workers, assistants, bus drivers, secretaries, and other important, hardworking staff. Traditionally, the amount voluntarily donated is $1 per month by staff and $2 per month by teachers and librarians. He impairs the rights of teachers to participate in government of the people, by the people and for the people. Teachers don't lose their rights as citizens when they become teachers. The Attorney General singles out a long-accepted practice which helps teachers who want to voluntarily participate in our democracy. Why not allow teachers and educational staff to participate?  In this election year, the Texas Attorney General fears the teachers' and educational staff's choices."

###

During her 30 year legal career, Barbara Ann has represented retirees, life-saving doctors, blood banks, children burned by lighters, families of murder victims, unfairly treated businesses: a wide variety of persons entitled to protection. Barbara Ann graduated with honors from the University of Houston and the University of Texas School of Law.   She was honored as the Outstanding Young Lawyer of Texas in 1988 and for the past 17 years she has been listed in "Best Lawyers in America".

Prior to 2006, she was a partner at the law firm of Vinson & Elkins in Houston, where she served as head of the Alternate Dispute Resolution Section.  She was the first woman at Vinson & Elkins to have children as an associate and later attain partnership.  Texas has never had a woman Attorney General. 

Media Contact:
Katie Floyd: 713-357-3360 (office); katie.floyd@radnofsky.com

We are 14 days out from Texas Attorney General Greg Abbott's May 3, 2010 pronouncement concerning the April 20 BP disaster in the Gulf of Mexico that BP had made "all the right actions and all the right comments".[i] That foolish, premature defense of BP continues to prove inaccurate. Prior press releases (AG Abbott's Quick BP Defense Will Backfire and Abbott Defends BP: Day 10)  list certain actions proven not "right". The list continues.  Each BP action listed below occurred prior to the May 3 Attorney General pronouncement: 

Misstatement of Leak Size
Several days after the April 20 blowout, BP estimated that the well was leaking 1,000 barrels per day.  On April 27, Sky Truth, using satellite images of the Gulf, reported that the flow rate was higher.  The following day the government, over objections by BP, raised the estimate to 5,000 barrels per day.  Scientists believe those estimates are inaccurately very low. BP has wrongly dismissed the importance of reasonable, scientific measurements.[ii] According to recent press reports, "Scientists studying video of the gushing oil well have tentatively calculated that it could be flowing at a rate of 25,000 to 80,000 barrels of oil a day." [iii]

BP continues to ignore the importance of understanding the true size of the oil spill.  They have maintained that stopping the leak is more important than measuring the size.  They have also stated that there is no way to measure the leak.[iv]

Use of Inferior Dispersants
In a BP press release dated April 25, BP stated that dispersants had already been applied to the spill.[v]  This BP press release was issued 9 days before Mr. Abbott's premature declaration that BP has made "all the right actions and all the right comments." BP has admitted to application of more than 400,000 gallons of Corexit dispersant in the Gulf of Mexico. According to reported EPA data, Corexit ranks far above dispersants made by competitors in toxicity and far below competitors in effectiveness in handling southern Louisiana crude.[vi]

Scientists, backed by the National Oceanic and Atmospheric Administration, suspect the heavy use of chemical dispersants, which BP has injected into the stream of oil emerging from the well, may have broken the oil up into droplets too small to rise rapidly.[vii]

Why was Attorney General so quick to proclaim that BP had made "all the right actions and all the right comments"?  He has 2 million reasons.  According to Attorney General Abbott's publicly available campaign finance reports between 1992 and 2009, he accepted over $2 million in campaign contributions from oil and gas employees and PACs.[viii]

                                                                           ###      

During her 30 year legal career, Barbara Ann has represented retirees, life-saving doctors, blood banks, children burned by lighters, families of murder victims, unfairly treated businesses: a wide variety of persons entitled to protection. Barbara Ann graduated with honors from the University of Houston and the University of Texas School of Law.   She was honored as the Outstanding Young Lawyer of Texas in 1988 and for the past 17 years she has been listed in "Best Lawyers in America".

Prior to 2006, she was a partner at the law firm of Vinson & Elkins in Houston, where she served as head of the Alternate Dispute Resolution Section.  She was the first woman at Vinson & Elkins to have children as an associate and later attain partnership.  Texas has never had a woman Attorney General. 

Media Contact:
Katie Floyd: 713-357-3360 (office); katie.floyd@radnofsky.com

[i] Texas Tribune, May 3, 2010

[ii] New York Times, "Size of Oil Underestimated, Scientist Say". May 13, 2010

[iii] Houston Chronicle, "Miles-long Plume of Oil Found Underwater." May 16, 2010

[iv] The New Yorker, "How Big is the Spill?" May 14, 2010

[v] BP press release, "BP Forges Ahead With Gulf of Mexico Oil Spill Response." April 25, 2010.

[vi] New York Times, "Less Toxic Dispersants Lose Out in BP Oil Spill Cleanup". May 13, 2010

[vii] New York Times, "Giant Plumes of Oil Found Under Gulf." May 16, 2010.

[viii] Follow the Money, "Candidate Search: Abbott, Greg," Mr. Abbott has received the following donations from oil and gas contributors:  2010 election cycle: $379,277; 2006 election cycle: $779,078, 2002 election cycle: $805,610; 1998 election cycle: $87,865; 1996 election cycle: $38,250.

We are 10 days out from Texas Attorney General Greg Abbott's May 3, 2010 pronouncement that BP had made "all the right actions and all the right comments"[i]. This praise of BP's handling of the April 20, 2010 oil spill was premature as current concessions by BP's Chief Executive and congressional investigations now demonstrate.

"Rep. Henry Waxman, D - Calif., chairman of the House Energy and Commerce Committee, said that while there are 'far more questions than answers,' documents and testimony provided to the House Energy and Commerce Committee Panel show confusion among BP officials and on the rig about how to seal off the exploratory well."[ii]

Mr. Abbott's May 3 praise of "all the right actions and all the right comments" by BP as of that date are further contradicted by concessions made last night (May 12, 2010) by BP Chief Executive Tony Hayward in an interview reported today by the Wall Street Journal online. Hayward conceded "missteps" by BP early on after the April 20 spill, including handing out contracts to damage claimants which barred them from making any future claims. The BP Chief Executive also stated BP had taken too long to get the claims process up and running.[iii]

Barbara Ann Radnofsky, 2010 Democratic nominee for Texas Attorney General: "BP has its own spokespeople; they don't need the Texas Attorney General to serve that role.  Mr. Abbott demeans his office when he advocates for BP instead of Texas.  He has forgotten that his client is Texas and not BP. Since he cannot zealously prosecute BP on behalf of Texas if need be, he should renounce his May 3 comments, or resign."

Radnofsky issued a press release on May 3, 2010 explaining why Abbott's quick defense of BP was problematic. In the original press release, Barbara Ann listed inaccuracies in statements from BP including an April 26, 2010 BP press release in which Chief Executive Tony Hayward claimed, "the improved weather has created better conditions for our response.  This combined, with the light, thin oil we are dealing with, has furthered our confidence that we can tackle this spill offshore."

###

During her 30 year legal career, Barbara Ann has represented retirees, life-saving doctors, blood banks, children burned by lighters, families of murder victims, unfairly treated businesses: a wide variety of persons entitled to protection. Barbara Ann graduated with honors from the University of Houston and the University of Texas School of Law.   She was honored as the Outstanding Young Lawyer of Texas in 1988 and for the past 17 years she has been listed in "Best Lawyers in America".

Prior to 2006, she was a partner at the law firm of Vinson & Elkins in Houston, where she served as head of the Alternate Dispute Resolution Section.  She was the first woman at Vinson & Elkins to have children as an associate and later attain partnership.  Texas has never had a woman Attorney General. 

Media Contact:
Katie Floyd: 713-357-3360 (office); katie.floyd@radnofsky.com

[i] Texas Tribune, "AG Takes Action on Oil Spill." May 3, 2010

[ii] Houston Chronicle, May 13, 2010. 

[iii] Wall Street Journal, "BP's Hayward Says Company Could Have Done More Disaster Preparation." May 13, 2010

Texas Attorney General Greg Abbott announced today at a press conference that BP has made "all the right actions and all the right comments" but that the Attorney General's office would be watching to "ensure that BP's action lives up to its current words." Governor Rick Perry was quoted as saying of the oil spill: "From time to time there are going to be things that occur that are acts of God that cannot be prevented."

Barbara Ann Radnofsky, 2010 Democratic nominee for Texas Attorney General, responded: "Our state's chief executives are tripping over themselves rationalizing BP's actions. The jury is out on whether BP has taken 'all the right actions,' as Mr. Abbott claims. BP certainly has not been accurate in its statements."

Here are contemporaneous statements by BP quickly proven inaccurate on its work "to be carried out to permanently seal the well" and confident statements about dealing with the spill offshore. On April 25, 2010 BP announced: "BP is preparing to drill relief wells to permanently secure the well. The drilling rig Development Driller III is moving into position to drill a second well to intercept the Macondo well and inject a specialized heavy fluid to securely prevent flow of oil or gas and allow work to be carried out to permanently seal the well." On April 25, 2010 BP Group Chief Executive Tony Hayward announced: "given the current conditions and the massive size of our response, we are confident in our ability to tackle this spill offshore.". And, in an extraordinary statement of confidence, Mr. Hayward continued on April 26, 2010: "the improved weather has created better conditions for our response. This, combined with the light, thin oil we are dealing with, has further increased our confidence that we can tackle this spill offshore."

According to an Associated Press report on Saturday, May 1, 2010, "In an exploration plan and environmental impact analysis filed with the federal government in February 2009, BP said it had the capability to handle a 'worst-case scenario' at the Deepwater Horizon site, which the document described as a leak of 162,000 barrels per day from an uncontrolled blowout - 6.8 million gallons each day." The Coast Guard has estimated total leakage so far at 1.6 million gallons.

"BP was wrong in its environmental impact claims that it could handle a spill even larger than what's occurring," Radnofsky continued. "It's bad lawyering for Texas' chief legal officer to claim that BP made 'all the right actions and all the right comments'. Texans can expect that incorrect statement to appear in the defense of BP in future litigation."

###

During her 30 year legal career, Barbara Ann has represented retirees, life-saving doctors, blood banks, children burned by lighters, families of murder victims, unfairly treated businesses: a wide variety of persons entitled to protection. Barbara Ann graduated with honors from the University of Houston and the University of Texas School of Law. She was honored as the Outstanding Young Lawyer of Texas in 1988 and for the past 17 years she has been listed in "Best Lawyers in America".

Prior to 2006, she was a partner at the law firm of Vinson & Elkins in Houston, where she served as head of the Alternate Dispute Resolution Section. She was the first woman at Vinson & Elkins to have children as an associate and later attain partnership. Texas has never had a woman Attorney General.

Media Contact:
Katie Floyd
katie.floyd@radnofsky.com
713-357-3360 (office)