The Lewis Doctrine

The Wall Street Journal today has a front page article (subscription required) on Bernard Lewis, the Princeton historian who is one of America’s leading experts on Islam and the Middle East. Dr. Lewis’ “What Went Wrong“–a book about the reasons behind the failure of many Islamic countries to modernize–was a bestseller after the 9/11 attacks. Lewis’ thinking about Islam and the Middle East is influencing many policy makers in the Bush Administration, so this is important reading.

Wrong Type of Research, Docs

The Houston Chronicle reports today that the FBI has commenced an investigation into teen porn websites that certain individuals at the University of Texas Health Science Center at Houston apparently visited on a regular basis. The UT Health Science Center is home to the University of Texas Medical School, one of two medical schools (Baylor Medical School is the other) in Houston’s famed Texas Medical Center.
The Kirkendall family has long and deep ties with the UT Health Science Center. My late father–Dr. Walter M. Kirkendall–was a longtime and loved Professor of Medicine at the UT Medical School at Houston from 1972 until his death in 1991, and the school still holds an annual lectureship in his name. I also have a brother (Matt of Dubuque, Iowa) and sister (Mary of Boerne, TX) who graduated from the UT Medical School at Houston.

More on Garden Ridge Chapter 11 Case

The Houston Chronicle reports on yesterday’s Garden Ridge Corporation chapter 11 filing.
The first major motion in the Garden Ridge case–i.e., it’s Motion for Approval of Post-Petition Financing (in other words, a “Judge, let us borrow money so that we can stay alive” motion)–provides Garden Ridge management’s analysis of what caused the company’s financial problems. Earlier today, the Court approved Garden Ridge’s motion on an interim basis in this order.

Garden Ridge Files Chapter 11 Case

In a surprise move today, Houston retailer Garden Ridge Corporation filed a chapter 11 case in the Bankruptcy Court in Delaware. The initial docket in the case is here.
Garden Ridge is one of those companies that is difficult to figure out. Rapid expansion, high margins, and good locations (for example, generally near WalMart Super Centers). On the other hand, there is literally nothing in the stores that interests me in the slightest, although my wife would point out that that is meaningless because I hate to shop. The filing in Delaware indicates to me that the company’s financing entities may be a driving force behind this move. Stay tuned.

Introducing New Houston Bankruptcy Judge Marvin Isgur

Today is the first day on the job for new Houston Bankruptcy Judge, Marvin Isgur. Marvin replaces longtime Bankruptcy Judge Manuel Leal, who is retiring.
Marvin has an interesting background. A lifelong Houstonian, Marvin is a graduate of South Houston High School, the University of Houston (B.A.), Stanford Univeristy Business School (M.B.A.), and the University of Houston Law Center (J.D.). Before becoming an attorney, Marvin was a successful businessman in Houston in the real estate development and management business with his longtime mentor and uncle, the late Eugene Winograd, M.D. As Marvin managed Dr. Winograd’s real estate empire through the prolonged depression in the Houston real estate market during the mid-1980’s, he became interested in reorganization and insolvency law and decided to attend the University of Houston while running a multi-million real estate business. Not surprising to anyone who knows Marvin, he finished at the top of his law school class while continuing to manage Dr. Winograd’s real estate business.
Before becoming an attorney, Marvin was a favorite business client of mine. After becoming an attorney, he was an outstanding partner in my downtown Houston law firm for ten years before I established my solo practice in 2000 and Marvin joined the Houston firm of Floyd, Isgur, Rios & Wahrlich, P.C. Most of all, Marvin is one of my best friends.
Marvin has an exceptional mind and an unusual depth of business and legal experience. Those qualities will combine with his deep sense of humanity and wonderful sense of humor to make Marvin an outstanding jurist. Marvin’s addition to the other Houston Bankruptcy judges–William Greendyke, Karen Brown, Letitia Clark, and Wesley Steen–makes Houston’s Bankruptcy bench one of the strongest in the nation.
Judge Isgur’s Court homepage is already available. Best of luck in your new job, Judge Marvin!

Feds Allegedly Focusing on Lay

The Wall Street Journal’s John Emshwiller reports (subscription required) today that federal investigators are hunkering down on their investigation of former Enron Chairman and CEO, Ken Lay. Mr. Emshwiller has been reporting on the Enron meltdown from the beginning back in mid-2001, so his sources are generally good.
Probably the most worrisome Enron-related indictment for Mr. Lay to date is the one against former Enron CFO Andrew Fastow. Mr. Fastow’s recently entered into a plea agreement with the government in regard to his indictment.
By the way, Mr. Lay is well-represented by Houston criminal defense attorney, Mike Ramsey. Mr. Ramsey was on the legal defense team that gained a fair degree of national coverage recently in successfully defending Joseph Durst from murder charges in Galveston. He is one of the group of first rate Houston criminal defense attorneys who make Houston’s criminal defense bar one of the best in the nation.
Mr. Emshwiller has written a book on Enron’s meltdown called “24 Days,”, which is a decent read. However, for those of you interested in the best and most thorough book on the Enron debacle to date, pick up a copy of Bethany McLean and Peter Elkind’s “The Smartest Guys in the Room.”

Welcome to Houston’s Clear Thinkers

Tom Head Shot 052410.JPGHouston is the home of remarkably diverse and talented business and professional communities. Houston’s Clear Thinkers is a weblog that focuses on developments in law, business, medicine, sports and other areas of special interest to the Houston legal, business and medical communities. My personal and professional background information may be reviewed here.
By way of background, Houston’s Clear Thinkers is the natural evolution of a private email group that I have maintained over the past five years. Over that period, this email group steadily grew into an eclectic mix of over a hundred businesspeople, attorneys, doctors, accountants, teachers, and professors from Houston and other parts of the United States.
I am blessed to count each of these email group members as friends, and it is my hope that the Houston’s Clear Thinkers weblog will introduce me to many new friends while I pass along matters of interest to the Houston business and professional communities.
Tom Kirkendall
February 2, 2004