January 2013 Headnotes

Dallas Bar Association

HEADNOTES January 2013 Volume 38 Number 1

Sally Crawford to be Inaugurated as 104th DBA President

wise have access to legal representation.

“Sally Crawford does not ‘do’ pro bono work, On Saturday January 19, 2013, the Dallas Bar giving back to the community is the way she lives Association will begin a year of “Celebration and her life,” said Charolette Noel, a tax partner in Rededication” with the inauguration of Sally L. Jones Day’s Dallas office. At Jones Day and in the Dallas bar community, Ms. Crawford is affectionCrawford as its 104th president.

A 1986 Order of the Coif graduate of SMU ately known as the “queen of pro bono.”

In addition to her pro bono School of Law, Ms. Crawford has work, Ms. Crawford has contribbeen a partner at Jones Day since uted to many other worthwhile 1996. Her practice focuses on mergcauses, including participating as ers and acquisitions, corporate a director and officer of the Dallas finance and general corporate law, Entrepreneurship Institute, Colwith particular concentration in lege of the State Bar of Texas, DBA the representation of privately held Community Service Fund and Concompanies in the technology, transsumer Credit Counseling Services portation, manufacturing and serof Greater Dallas. She is a Fellow vice industries—a nice complement of the Dallas Bar Foundation and to her pre-law profession. of the Dallas Association of Young A Columbus, Ohio native, Ms. Lawyers Foundation. She also serves Crawford moved to the Dallas area on the board of the Richardson in 1977 after marrying John CrawSymphony and is a “Big” in the Big ford. She began working at ContiSally L. Crawford Brothers Big Sisters mentoring pronental Mechanical Corp. where she rose through the ranks to the position of Vice gram.

This impressive resume, however, barely President-Administration. She worked extensively with outside counsel, and it was there that begins to describe Ms. Crawford’s contribution to the Dallas community. She has served on the she was encouraged to go to law school.

Upon graduation from SMU, Ms. Crawford board of the DBA since 2004 and has been a spent two years at Brice & Mankoff before join- long-time member of the DBA Securities, Merging Jones Day in 1988 as an associate. And the ers & Acquisitions and Corporate Counsel Sections, the State Bar Business Law and Corporate rest, as they say, is history.

The eighth woman President of the Dallas Bar Counsel Sections, the State Bar College and the Association, Ms. Crawford has been recognized Pro Bono College of the State Bar. And she does all this while maintaining her as one of the Best Women Lawyers in Dallas by D Magazine and in Texas Super Lawyers. In 2011, busy practice in Jones Day’s transactional practice she was recognized by Altrusa International of group. In her role at Jones Day, Ms. Crawford disRichardson as one of the Outstanding Women of plays the same dedication to clients that she has Today and by the University of Texas at Dallas as demonstrated with her service to the bar. Steven Stennett, a partner at Jones Day, recalled worka Distinguished Alumni.

At Jones Day Ms. Crawford is a member of ing with Sally over the last 12 years, “The rapport the firm’s diversity committee and has served as Sally has with her clients is incredible. They look the Dallas Office Public Service Coordinator for to her as more than just someone who provides many years. Her true passion lies in pro bono legal advice, she is a part of their team, a trusted work and helping those less fortunate. She has advisor. I have always strived to have the same been named Pro Bono Coordinator of the Year by relationships with my clients and to serve them the Dallas Volunteer Attorney Program (DVAP) with the same level of respect that Sally does.”

We are lucky to count Sally Crawford as a and played no small part in Jones Day’s DVAP Pro Bono Firm of the Year and the W. Frank leader in our community.

Ms. Crawford spends her free time with her Newton Pro Bono Services Awards.

Ms. Crawford has contributed to pro bono daughter Elizabeth Field, who lives in Oklahoma causes at every level, donating countless hours and is following in her mother’s footsteps as a tax to pro bono representation and countless more attorney. She also enjoys spending time with her hours to mentoring attorneys with their own many nieces and nephews.

Service to the needy, mentoring to young pro bono cases. She began doing pro bono work in1986, as a newly licensed attorney when she attorneys and counseling to global businesses is took her first assignment from the local legal all in a day’s work for Sally Crawford. She is a aid clinic. On that auspicious day, Ms. Crawford superlative example of what we can all accomwas assigned a “simple” divorce case that ended plish for our community, our profession and up being the most complicated pro bono matter our clients. The DBA is fortunate to have Ms. she has handled to date. With a little help from a Crawford at the helm in 2013, and we wish her seasoned family lawyer she marched into court as continued success as we celebrate all that we a first year corporate lawyer and successfully pro- have achieved together in past years and rededitected her first family law client. Ms. Crawford cate ourselves to serving our community and our HN was not deterred by the challenge and has since profession. completed hundreds of pro bono cases through legal aid and devoted thousands of hours of her Lea C. Dearing is an associate at Munsch Hardt and is Co-Chair of the time to assist individuals that would not other- Publications Committee. She can be reached at ldearing@munsch.com.

by Lea C. Dearing

Inside 5 Slack & Davis, L.L.P. | Making a Difference 9 Is Appropriation Art Ever Appropriate?

11 15 Minutes of Fame: Reality TV contracts 13 Use Unlicensed Music in Wedding Films at Your Peril

Focus Sports & Entertainment Law

Al Ellis to Receive 2013 MLK Justice Award

by Jessica D. Smith

As we reflect on 2012 and prepare for the New Year, January also brings us a time to reflect upon and celebrate the memory of Dr. Martin Luther King, Jr. In honor of his legacy, the Dallas Bar Association recognizes attorneys and others whose lives inspire and reflect the values of courage, truth, justice, compassion, dignity, humility and Al Ellis service—the principles embodied by Dr. King. On January 21, 2013, the Dallas Bar Association will honor Al Ellis with the Martin Luther King, Jr. Justice Award.

Mr. Ellis, a Dallas Bar Association past president and community leader, is Of Counsel at Sommerman & Quesada, L.L.P. After receiving his bachelor’s degree from the University of Texas at Arlington, Mr. Ellis served a tour of duty in Vietnam as a captain in the U.S. Army Airborne Infantry. When his service was complete, he returned to Dallas and entered SMU School of Law, serving as chief counsel for the SMU Legal Clinic and on the board of editors for the Journal of Air Law and Commerce. He earned his law degree in 1971and has been admitted to practice before the U.S. Supreme Court, the U.S. Fifth Circuit Court of Appeals and all federal and state courts in Texas.

Mr. Ellis is a tireless advocate for his clients and in his successful 40-year career has tried more than 170 jury trials. He has held numerous leadership positions in the community including President of the Dallas Bar Association in 1990.

During his year as President, the DBA took three significant steps. First, the Board of Directors passed a resolution recognizing the contribution of Dr. Martin Luther King, Jr. to the promotion of civil rights, vowing to honor him with an appropriate celebration on Martin Luther King, Jr. Day. Second, the Board of Directors voted to make the Presidents of the minority bar Associations voting members of the Dallas Bar Board of Directors and third, a task force was appointed to develop the DBA’s Long Range Plan for Inclusion, which aimed to substantially increase diversity in the profession.

“I cannot think of anyone more deserving of this award,” said DBA President Sally Crawford. “Al’s dedication to the promotion and implementation of inclusion in the bar association has made a real and permanent difference in our bar.”

Also during his presidency, Mr. Ellis formed the Community Involvement Committee and through this

Committee, Mr. Ellis along with Rex Spivey initiated the Home Project by partnering with Habitat for Humanity to build a home for an area family each year. To date, the DBA is the longestserving whole-house sponsor and has built 22 homes for families in the Dallas area. As a result of this program Mr. Ellis became a core volunteer for Dallas Habitat for Humanity, has participated in building over a hundred homes in Dallas and has built homes with the Carter Work Project in Viet Nam, the Gulf Coast and Haiti.

Mr. Ellis’ additional past leadership roles include: presidencies of the Dallas Trial Lawyers Association, Dallas Association of Young Lawyers, American Board of Trial Advocates (Dallas Chapter),Texas Center for Legal Ethics and Professionalism, Dallas Council on Alcoholism, Dallas All Sports Association tournament director for the Dallas Regional Golden Gloves Tournament for 20 years and many more.

While his list of community service work is long and varied, so too are his numerous awards and honors. Among the many accolades he has received are the Justinian Award presented by the Dallas Lawyers Auxiliary, UTA Distinguished Alumni Award, J.L. Turner Legal Association C.B. Bunkley Award, Dallas Minority Attorney Program Legacy Award, Dallas Trial Lawyers Distinguished Community Involvement Award, the Leon Jaworski Award for Teaching Excellence, the Nancy Garms Memorial Award for Outstanding contributions to Law-Focused Education, the Texas Bar Foundation Dan Price Memorial Award, the State Bar College Professionalism Award and he has been named to Texas Monthly’s Super Lawyers and Best Lawyers in America.

“I have been blessed to have received several outstanding awards during my 40 years of community and professional involvement. While it would be unfair to say any one award is more meaningful than another, to receive the MLK Jr. Justice Award is humbling and touches my heart and soul as no other recognition has. Martin Luther King Jr. is a hero of mine. To receive an award named for this great believer in equality and justice is simply mind boggling.”

The DBA is proud to honor Mr. Ellis with this important award. Members of the DBA and the community are invited to attend the Martin Luther King, Jr. Justice Award luncheon on January 21, noon, at Belo to honor Mr. Ellis. To make reservations for the luncheon contact Biri Avina at bavina@ dallasbar.org. A plated lunch will be HN served ($12.76).

Jessica D. Smith is the DBA’s Communications/Media Director and can be reached at jsmith@dallasbar.org.

January Focus: Sports & Entertainment Law This month’s Headnotes articles focus on the topic of Sports & Entertainment Law. This Section welcomes lawyers who practice sports or entertainment law, enjoy t.v., books or movies, or participate in sports as a player or fan. Join this Section for $25, by contacting kwatson@dallasbar.org.

2 He a d n o t e s l D a l l a s B a r A s s o ciation

Calendar

January Events

JANUARY 4-BELO Noon

FRIDAY CLINICS

“SBOT Advertising Rules,” Donna Tipotsch. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Underwood Perkins, P.C. RSVP to kzack@ dallasbar.org.

JANUARY 18-BELO Noon

Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.

International Law Section “International Protection of Intellectual Property,” Vincent J. Allen. (MCLE 1.00)*

Community Involvement Committee

THURSDAY, JANUARY 24

Dallas Bar Foundation Board of Directors Meeting

DAYL Animal Welfare Committee

DAYL Elder Law Committee

WEDNESDAY, JANUARY 16

“Deposition Strategies,” Quentin Brogdon. (MCLE 1.00)*

Rosenthal. (MCLE 1.00)*

“Nonparty Subpoenas,” Shelby Angel. (MCLE 1.00)*

JANUARY 11-NORTH DALLAS** Noon

January 2013

DVAP New Lawyers Luncheon. For more information, contact reed-brownc@lanwt.org.

Noon

Criminal Law Section Topic Not Yet Available

Environmental Law Section “Multiple Client Conflicts of Interests,” Prof. Fred Moss. (Ethics 1.00)*

Legal History Discussion Group “U.S. District Judge Whitfield Davidson (1876-1974) of the Northern District of Texas: Reminiscences of His Significant Jurisprudence and Career by His First Law Clerk,” Robert E. Smith. (MCLE 1.00)*

TUESDAY, JANUARY 1

“Preparing Your Client for Trial,” David Carlock. (MCLE 1.00)*

Noon

Energy Law Section Topic Not Yet Available

WEDNESDAY, JANUARY 2

Admissions & Membership Committee

Health Law Section “Medicare Fraud & Abuse Litigation,” Martin Merritt. (Ethics 1.00)*

Memorial & History Committee

Law Day Committee

Mentoring Committee

Pro Bono Activities Committee

DBA Community Service Fund Board Meeting

DVAP CLE

DAYL Lunch & Learn CLE. For more information, contact cherieh@dayl.com.

Non-Profit Law Study Group

DBA Offices closed for New Year’s Holiday

Noon

Public Forum Committee

THURSDAY, JANUARY 3

5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.

Noon

Construction Law Section “AAA Update and New Arbitration Clause Tool,” Rod Toben. (MCLE 1.00)*

5:30 p.m. Bankruptcy & Commercial Law Section

“Recent Developments: Bankruptcy Decisions,” Hon. Harlin D. Hale, Rakhee Patel and Gerrit Pronske. (MCLE 1.00)*

Family Law Section Board Meeting

THURSDAY, JANUARY 10

St. Thomas More Society

FRIDAY, JANUARY 4 Noon

Friday Clinic-Belo “Nonparty Subpoenas,” Shelby Angel.

(MCLE 1.00)*

MONDAY, JANUARY 7 Noon

Tax Law Section “IRS Chief Counsel Update,” Deborah A. Butler,” (MCLE 1.00)* Peer Assistance Committee

TUESDAY, JANUARY 8 Noon

CLE Committee

Law in the Schools & Community Committee

Publications Committee

Christian Lawyers Fellowship

3:30 p.m. DBA Board of Directors Meeting 6:00 p.m. J.L. Turner Legal Association

FRIDAY, JANUARY 11 Noon

Business Litigation/Tort & Insurance Practice Sections “Telling and Writing a Great Story for Your Case,” Jim Perdue, Sr. (MCLE 1.00)* Corporate Counsel Section “Preparing for your Annual Meeting – Developments in Compliance and Corporate Governance,” James E. O’Bannon and Justin S. Reinus. (MCLE 1.00)*

Mergers & Acquisitions Section “Delaware M&A Law Update,” John F. Grossbauer. (MCLE 1.00)*

Entertainment Committee

Legal Ethics Committee

Noon

Morris Harrell Professionalism Committee

Friday Clinic-North Dallas** “SBOT Advertising Rules,” Donna Tipotsch.

(MCLE 1.00)*. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240.

Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Underwood Perkins, P.C. RSVP to kzack@dallasbar.org.

Government Law Section “Outlook for 83rd Regular Session of the Texas Legislature,” Larry Casto and Craig Pardue. (MCLE 1.00)* Trial Skills Section “Direct Examination Techniques,” Bill Sims. (MCLE 1.00)*

MONDAY, JANUARY 14 Noon

Alternative Dispute Resolution Section “An Examination of the New Expedited Trial Rules,” Ray Green. (MCLE 1.00)*

WEDNESDAY, JANUARY 9

Real Property Law Section “2013 Annual Case Update,” David Weatherbie. (MCLE 1.00)*

11:30 a.m. H ouse Committee Walk Through

4:00 p.m. Reception honoring U.S. Magistrate Judge David Horan

6:00 p.m. Home Project Committee

DAYL Board of Director’s Meeting

7:45 a.m. Dallas Area Real Estate Discussion Group

Noon

Employee Benefits & Executive Compensation Law Section “2012 Benefits Litigation Update,” James Raborn. (MCLE 1.00)* Family Law Section

TUESDAY, JANUARY 15 Noon

Antitrust & Trade Regulation Section “Pay-for-Delay Settlements in Pharmaceutical Patent Litigation,” Mike Gaertner and Chuck Loughlin. (MCLE 1.00)*

5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.

FRIDAY, JANUARY 25 Noon

Intellectual Property Law Section “How Do I Use This? Tools, Tips, and Tricks For Utilizing Technology in Your Practice,” Members of IP Section Young Lawyers Committee. (MCLE 1.00)*

DAYL CLE Committee

THURSDAY, JANUARY 17 Noon

Appellate Law Section “Roots of the Republic: The Drafting and Ratification of the Constitution,” Chad Baruch. (MCLE 1.00)*

Media Relations Committee

Minority Participation Committee

Christian Legal Society

DAYL Freedom Run Committee

Dallas Gay & Lesbian Bar Association

FRIDAY, JANUARY 18 Noon

Friday Clinic-Belo “Deposition Strategies,” Quentin Brogdon.

(MCLE 1.00)*

MONDAY, JANUARY 21 Noon

Martin Luther King, Jr. Justice Award Luncheon. RSVP to bavina@dallasbar.org.

Labor & Employment Law Section “ERISA 510 and its relationship to FMLA and the ADA,” Mike Birrer, Angelina LaPenotiere. (MCLE 1.00)*

TUESDAY, JANUARY 22 Noon

Probate, Trust & Estate Law Section “Ethical Issues in Multigenerational Planning,” Justice Douglas Lang, Rust Reid and Ed Smith. (Ethics 1.00)*

Courthouse Committee

American Immigration Lawyers Association

WEDNESDAY, JANUARY 23 Noon

MONDAY, JANUARY 28 Noon

Computer Law Section Topic Not Yet Available

Securities Section “New FCPA Guidance from DOJ and SEC: How It May Impact Your Anti-Corruption Compliance Program,” Holly Tucker. (MCLE 1.00)*

Golf Tournament Committee

DAYL Solo & Small Firm Committee

TUESDAY, JANUARY 29 Noon

E-Mentoring Committee

Senior Lawyers Committee

DAYL Aid to the Homeless Committee

6:00 p.m. Dallas Hispanic Bar Association

WEDNESDAY, JANUARY 30 Noon

Municipal Justice Bar Association

5:00 p.m. Transition to Law Practice CLE

THURSDAY, JANUARY 31 Noon

Collaborative Law Section “A Deep Dive into Collaborative Participation Agreements.” (MCLE 1.00)*

5:30 p.m. Labor & Employment Law Section

“A Judicial Perspective on Employment Litigation,” Federal and State Court Judges.

(MCLE 1.50)*

Sports & Entertainment Law Section “The Criminal Law Emergency,” Jeremy

Thank You Underwood Perkins, P.C.!

The firm of Underwood Perkins, P.C. will be the new sponsoring firm for the DBA’s North Dallas CLE Friday Clinics in 2013. www.uplawtx.com We appreciate your support!

If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Cathy Maher at 214/220-7401 as soon as possible and no later than two business days before the seminar.

All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION. *For confirmation of State Bar of Texas MCLE approval, please call Teddi Rivas at the DBA office at 214/220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact KZack@dallasbar.org.

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4 He a d n o t e s l D a l l a s B a r A s s o ciation

January 2013

Headnotes

President's Column

Published by: DALLAS BAR ASSOCIATION

A Celebration By sally crawford

Let’s celebrate! The Dallas Bar Association is an amazing organization that we all should be proud of. In the words of former DBA President, Nancy Thomas, the Dallas Bar Association is the best bar association in the country. My goal for this year is to celebrate the many achievements of the association and its members and to rededicate ourselves to the programs, services and activities that make the Dallas Bar Association great—especially our efforts to serve those less fortunate in our community through the Dallas Volunteer Attorney Program (DVAP).

If there is one thing that allows the DBA to provide outstanding service to its members and the community, it is our staff. We have 21 dedicated professionals (including the DVAP staff) led by our incomparable Executive Director, Cathy Maher. While other bar associations are struggling financially in this down economy and have lost members, we remain strong financially and our membership has increased. The DBA is regularly recognized by the State Bar of Texas, the American Bar Association, and other non-law related organizations for its outstanding programs. This is due in no small part to our dedicated staff.

Ownership of the Belo Mansion and the Pavilion at the Belo by the Dallas Bar Foundation is also key to the success of the DBA. Our predecessors had tremendous foresight when they purchased and renovated the Belo Mansion in 1979 as the headquarters for the DBA. Having a home where members could gather to share personal and professional experiences and expertise allowed us to grow like no other bar association in the country. By 2001, with membership increasing annually, leadership came together to raise $14 million to build the Pavilion and a much needed parking facility to serve the ever increasing needs of the membership.

Today the Belo Mansion and Pavilion welcomes thousands of guests annually and serves our nearly 11,000 members on a daily basis. No other bar association has the luxury of having a “home” like ours. Unbelievably, the Pavilion will celebrate its 10th anniversary this year. A major renovation will take place in the month of August, during which time the facility will be closed. Among others, including Culinare International and the Dallas Bar Foundation, all of the Sections of the DBA have generously chipped in to help pay for this renovation. The generosity of the Section members to ensure the high quality and standards of our DBA home illustrates how important the Belo is to our membership.

The DBA has 29 Sections and 38 Committees which meet regularly at the Belo Mansion without charge. The

Dallas Bar Foundation, the Dallas Association of Young Lawyers and our sister bar associations also use the building free of charge. Last year over 400 CLE programs were held at Belo generally at no cost to the members. The CLE programs are presented primarily by the Sections but many are offered by Committees. While our members take the membership benefit of “free” CLE for granted, virtually all other bar associations in the country charge their members for each hour of CLE. Add to that the fact that membership dues of many other metropolitan bar associations are significantly higher than our dues and you begin to realize how special the DBA is and how important a role the Belo Mansion plays in that success. Without our own building, the DBA would not be able to keep dues down while offering free CLE and many other member benefits.

CLE programs are just the beginning of the activities and benefits offered to and by our membership. The Sections and Committees also sponsor an incredible number of other activities each year. The 38 Committees and DBAaffiliated organizations sponsored well over 100 programs and projects in 2012. A few of those programs that directly impacted the community include: Christmas in July (clothing drive), Santa Brings a Suit (also a clothing drive), Halloween Blood Drive, Habitat for Humanity Home Project, e-Mentoring Program, LegalLine, Lawyers in the Classroom, School Supply Drive, Law Day programs, Public Forums, pro bono activities (DVAP, neighborhood legal clinics and Veterans and Vickery Meadows clinics), Summer Law Intern Program, Education Symposium and many others.

Of course the Committees carry out many activities that benefit the profession as well. Some of those activities include: New Member Reception, Lawyer Referral Service (also benefits the public), CLE programs, courthouse projects, Judicial Investitures, Transition to Law Program, Minority Clerkship Programs, Law Student Professionalism Program, Trial Academy, Peer Assistance, and publication of Headnotes.

The above listed community and professional programs just scratch the surface of the programs, services and activities that the DBA and its affiliated organizations (DBF, DAYL, JL Turner, DHBA and DAABA) have to offer. There is literally something for everyone of every age, from newly licensed lawyers to the senior lawyers committee. You, the members of the DBA and its affiliated organizations, do great things every day of the year. We should all be proud of the work we do. That is why I would like for us to take time this year to celebrate our accomplishments and ask that all members redouble their efforts to support and get involved in the DBA and its programs, especially in the area of pro bono work. With all of us HN working together, anything is possible.

2101 Ross Avenue Dallas, Texas 75201 Phone: (214) 220-7400 Fax: (214) 220-7465 Website: www.dallasbar.org Established 1873 The DBA’s purpose is to serve and support the legal profession in Dallas and to promote good relations among lawyers, the judiciary, and the community.

OFFICERS President: Sally L. Crawford President-Elect: Scott M. McElhaney First Vice President: Brad C. Weber Second Vice President: Jerry C. Alexander Secretary-Treasurer: John A. Goren Immediate Past President: Paul K. Stafford Directors: Rob Crain, Wm. Frank Carroll, Laura Benitez Geisler, Hon. Martin Hoffman, Michael K. Hurst, Michele Wong Krause, Angelina LaPenotiere (President, Dallas Hispanic Bar Association), Karen McCloud, Christina McCracken (At-Large), Mandy Price (President, J.L. Turner Legal Association), Sarah Rogers (President, Dallas Association of Young Lawyers), Mary Scott, Scott Stolley, Diane M. Sumoski, Robert L. Tobey, Aaron Tobin and Jennifer Wang (President, Dallas Asian American Bar Association).

Advisory Directors: Tatiana Alexander (President-Elect, J.L. Turner Legal Association), Mey Ly (President-Elect, Dallas Association of Young Lawyers), Sakina Rasheed (PresidentElect, Dallas Asian American Bar Association) and Elisabeth A. Wilson (President-Elect, Dallas Hispanic Bar Association).

Delegates, American Bar Association: Rhonda Hunter, Hon. Douglas S. Lang Directors, State Bar of Texas: Lawrence Boyd, Christina Melton Crain, Andy Payne, Frank E. Stevenson, II, and Ike Vanden Eykel HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Thomas Phillips Display Advertising: Karla Howes, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Dawn Fowler and Lea Dearing Vice-Chairs: Jared Slade Members: Timothy Ackermann, Kevin Afghani, Vincent Allen, Natalie Arbaugh, Favad Bajaria, Matthew Baker, Martha Beard-Duncan, Jody Bishop, Lisa Blackburn, Jason Bloom, Eric Blue, Bobby Braxton, Kandice Bridges, William Brown, Eliot Burriss, Stacie, Cargill, Lance Caughfield, Sally Crawford, James Crewse, Joel Crouch, G. Edel Cuadra, Walter Dean, David Dodds, Adam Dougherty, David Dummer, Paul Garrett, Megan George, Jenny Givens, Jennifer Gjesvold, Melanie Glover, James Gourley, Virginia Greenberg, Jerry Hall, Susan Halpern, William Hammel, Jeremy Hawpe, Zachary Hilton, Kelli Hinson, Zachary Hoard, Tyler Hokanson, James Holbrook III, Ezra Hood, Mary Louise Hopson, Dyan House, Mi-chael Hurst, Michelle Jacobs, Jessica Janicek, Taylor Jerri, Soji John, Douglas Johnson, Adam Kielich, Robert Kisselburgh, Lissa Kivett, Michelle Koledi, Susan Kravik, Shruti Krishnan, Norman Lofgren, Mallory Loudenback, Sixuan Lu, Margaret Lyle, Andrew Mayo, Ashley Mayya, Jennifer McCollum, Scott McElhaney, Elizabeth McShan, John McShane, Paige Montgomery, Nick Nelson, Yvette Ostolaza, Seth Phillips, Kirk Pittard, Irina Plumlee, Laura Anne Pohli, Robert Ramage, Gabriel Reyes, Morgan Richards, Richard Salgado, Brendan Sansivero, Brooke Schultz, Isabel Segarra, Yon Sohn, Thad Spalding, Paul K. Stafford, Jacob Stasny, Jeanette Stecker, John Stevenson, Scott Stolley, Brian Stork, Michael Sukenik, Christine Tamer, Kristopher Tate, Robert Tobey, Pryce Tucker, David Urteago, Peter S. Vogel, Suzanne Westerheim and Andrew Wirmani DBA & DBF STAFF Executive Director: Catharine M. Maher Accounting Assistant: Shawna Bush Communications/Media Director: Jessica D. Smith Controller: Sherri Evans Director of Community Services: Alicia Hernandez Events Coordinator: Rhonda Thornton Executive Assistant: Mary Ellen Johnson Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewer: Marcela Mejia Law-Related Education & Programs Coordinator: Amy E. Smith Membership Coordinator: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Teddi Rivas DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Miriam Caporal, Lakeshia McMillan, Andrew Musquiz, Tina Douglas Program Assistant: Patsy Quinn Copyright Dallas Bar Association 2013. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher.

Headnotes serves the membership of the DBA and, as such, editorial submissions from members are welcome. The Executive Editor, Editor, and Publications Committee reserve the right to select editorial content to be published. Please submit article text via e-mail to jsmith@dallasbar.org (Communications Director) at least 45 days in advance of publication. Feature articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informational and educational purposes and is not intended as legal advice. Opinions expressed in articles are not necessarily those of the Dallas Bar Association.

All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Association’s sole discretion.

Headnotes (ISSN 1057-0144) is published monthly by the Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. Non-member subscription rate is $30 per year. Single copy price is $2.50, including handling. Periodicals postage paid at Dallas, Texas 75260.

POSTMASTER: Send address changes to Headnotes, 2101 Ross Ave., Dallas, TX 75201.

6 H e a d n o t e s l D a l l a s B a r A s s o ciation

January 2013

DBA Diversity Summit On November 29, the DBA presented the 2012 Diversity Summit. The daylong event provided top-notch speakers on topics including promoting diversity and inclusion in all sectors of the legal community, developing best practices designed to increase diversity in the legal profession and discussing innovative models for increasing diversity throughout the legal profession.

The morning address was giving by Robert J. Grey, Jr. and the luncheon speaker was CNN guest correspondent Roland Martin. DBA Past President Rhonda Hunter was Chair of the summit.

Raising the Bar: Sister Bar Presidents Aim High for 2013

by Meghan George

The Dallas Bar Association is proud to introduce the new presidents of its sister bar associations and looks forward to supporting these leaders as they seek to advance the goals of their organizations and promote the interests of their members throughout the coming year.

Mandisa “Mandy” Price, an associate in the corporate section at Weil, Gotshal & Manges LLP, will serve as president of the J.L. Turner Legal Association (JLTLA). Ms. Price is a graduate of The University of Texas at Austin and Harvard Law School. Her practice focuses on complex corporate and transactional matters, including public and private acquisitions, divestitures and investment transactions. She is also a member of the board of trustees of the ChildCareGroup and The University of Texas at Austin’s 1883 Council.

Ms. Price has been active in JLTLA throughout her career, and she has served as president-elect, vice-president and director of the organization.

JLTLA was founded in 1952 to address social ills and tackle the most crucial issues affecting African-American lawyers in Dallas. Members of JLTLA provide scholarships and attorney mentors for law students, perform educational and other community outreach projects for North Texas area residents, and promote awareness of African-American attorneys who practice in various areas of the law. Ms. Price’s primary goal for her presidency is to continue the legacy and vision set forth by the organization’s founders and strengthen ties between JLTLA and the Dallas community.

Sarah Rogers will serve as president of the Dallas Association of Young Lawyers (DAYL). Ms. Rogers is a partner at

Mandisa “Mandy” Price

Sarah Rogers

Thompson, Coe, Cousins & Irons, LLP, and practices in the area of civil litigation with a focus on personal injury, dram shop and products liability. Ms. Rogers graduated cum laude from SMU Dedman School of Law, where she was Managing Editor of the Journal of Air Law and Commerce.

Ms. Rogers began serving on the board of DAYL in 2008 as a director.

Since then, she has served as secretary, treasurer, vice-president and presidentelect. In addition to continuing hundreds of current programs and projects, DAYL has several new initiatives planned for 2013, including a new program called Inroads, which is a system for matching new lawyers with more active members who can introduce the new lawyers to other DAYL members and programs, and a wellness initiative to encourage even the busiest young lawyers to focus on maintaining their heath, mind and overall well-being.

Under her leadership, DAYL will continue to generate topical, substantive CLE programs, but also plans to focus on hands-on workshops and CLEs to develop young lawyers’ professional skills, such as taking and defending

Jennifer C. Wang

expert witness depositions.

Jennifer C. Wang, who recently joined the Dallas City Attorney’s office as an Assistant City Attorney in the General Litigation section, will serve as president of the Dallas Asian American Bar Association (DAABA).

Prior to her transition into the public sector, Ms. Wang was a litigator with Carrington, Coleman, Sloman & Blumenthal, L.L.P. After graduating from SMU Dedman School of Law, Ms. Wang clerked for the Honorable Sam A. Lindsay.

Ms. Wang was first drawn to active participation in DAABA while serving as an officer of the Asian American Law Students Association at SMU. As a Chinese immigrant from Taiwan, Ms. Wang has been excited to see the growth of the Asian-American community in Dallas. This growth is reflected in DAABA membership, which has grown from just over 100 member four years ago to more than 250 in 2012.

One of Ms. Wang’s goals for 2013 is to build relationships between DAABA’s legacy and new members. In addition to her involvement with DAABA, Ms. Wang also serves on the Women in the

Angelina LaPenotiere

Profession Committee of the State Bar of Texas.

Angelina LaPenotiere will serve as president of the Dallas Hispanic Bar Association (DHBA). Ms. LaPenotiere, a graduate of The University of Texas School of Law, is a partner at Carrington, Coleman, Sloman & Blumenthal, L.L.P. Her practice focuses on employment law, including representation of employers in administrative hearings, state and federal court cases and arbitrations, as well as general commercial litigation.

Ms. LaPenotiere has been involved in DHBA for several years and has served as director and as co-chair of the organization’s annual event committee. In the coming year, Ms. LaPenotiere hopes to continue to increase member participation in the community and build on the great achievements made this year through pro bono events. She also aims to increase membership by improving communication with members and continuing to offer worthwhile networking and HN CLE events for members.

Meghan George is an associate at Baker & McKenzie. She can be reached at meghan.george@bakermckenzie.com.

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D al l as Bar A ssoci ati on l Headnotes 7

Sports & Entertainment Law

Watch That Tweet! Monitoring of Student Athletes’ Social Media

by John G. Browning

Facebook, Twitter and other social media platforms have forever changed the landscape of communications and information sharing. Over 65 percent of all adult Americans have some kind of social media presence, with over a billion people on Facebook worldwide and over 340 million tweets every day. Modern sports have embraced social networking as well, providing athletes with a means of sharing with family, friends and fans worldwide.

But as a plethora of incidents with athletes at every level has shown, exercising poor social media judgment can lead to lost scholarships, lost endorsement deals and lost fans (witness U.S. Olympic hurdler Lolo Jones and her tweets about “shooting sports” after the Aurora, Colorado, massacre). To protect their brands, virtually every major sports league and governing body now imposes rules on the use of social media by its athletes.

Nowhere was this more evident than during the 2012 London Olympics, dubbed by some sportswriters as “the first social media Olympics.” While the London Games marked the first time Olympic athletes and volunteers were given clearance to post, tweet and blog during competition, both the International Olympic Committee and the U.S. Olympic Committee imposed sometimes draconian-sounding rules in an effort to protect valuable sponsors. The IOC issued a 4-page set of comprehensive guidelines aimed at protecting the Olympic brand and protecting official sponsors who had paid for the right to be associated with the Olympics.

Heightened regulation and monitoring of amateur athletes’ social media

activities has taken on new meaning at the collegiate level, where the NCAA already regulates the use of social media in recruiting. In an era in which big-time football or basketball programs can generate tens of millions of dollars in annual revenue through ticket sales, lucrative TV contracts, and licensing apparel, colleges and universities are protecting both a valuable brand and the school’s reputation by policing the social media musings of student athletes.

For some this may take the form of coach-imposed restrictions or a broad social media policy that applies to all students, but a growing number of universities are turning to third-party vendors to monitor the social media accounts of student athletes. The vendors use proprietary technology to scan and filter for key words that might point to discussion of drug or alcohol use, offensive comments or references to potential NCAA violations. The student athletes are required to install the monitoring software, and the monitoring vendors report any flagged content to a coach or compliance official within the athletic department.

Such monitoring raises a host of legal issues. First, putting the university in charge of what words warrant a red flag can be problematic. Two universities recently got in trouble when it was learned that, in addition to filtering for references to drugs, agents and cheating, their 400 or so word list included words and phrases like “Arab,” “Muslim” and “gay.” Monitoring also violates most social networking sites’ terms of service. Facebook, for example, explicitly forbids a user from sharing his password with a third party.

In addition, the practice could lead to unanticipated civil liability. The family of

Yeardley Love, the University of Virginia women’s lacrosse player who was murdered by her ex-boyfriend (a member of the men’s lacrosse team), is suing athletic department officials for $30 million in a negligence suit alleging that they ignored previous violent behavior of her attacker and other warning signs.

Besides such civil liability exposure, there are also constitutional issues. The landmark case Tinker v. Des Moines Independent Community School District made it clear that students do not leave their First Amendment rights at the schoolhouse door. Although courts have justified certain invasions of a student-athlete’s Fourth Amendment rights in cases involving random drug testing, recent decisions in the digital age have protected a student’s right to expression via social media. In addition to these constitutional concerns, a number of states have passed or are considering laws forbidding schools from requesting or requiring login information or from installing monitoring

software. California and Delaware were the first states to adopt such laws, and they will not be the last.

The NCAA made it clear that a school would only have a duty to monitor social networking sites if it had some reasonable suspicion of rules violations, saying that the NCAA “declines to impose a blanket duty on institutions to monitor social networking sites.”

While it is true that universities have both reputations and tangible investments at stake in their athletic programs, student-athletes are still students first and foremost and, as such, they have rights. Instead of undermining constitutional protections, risking civil liability or potentially violating privacy laws, colleges concerned about social media fallout should focus on what they do best by educating student-athletes about the dan HN gers of misusing social media.

John G. Browning is a Partner at Lewis Brisbois Bisgaard & Smith LLP and can be reached at jbrowning@lbbslaw.com.

High School Mock Trial Competition – Judges Needed!

Help judge the Texas High School Mock Trial Competitions this January, February and March 2013!

A variety of dates and times are available.

Teams are from Dallas ISD, Region 10 and across the State.

Earn self-study CLE credit.

For more details, visit www.dallasbar.org/mocktrialjudges or contact asmith@dallasbar.org

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8 He a d n o t e s l D a l l a s B a r A s s o ciation

Focus

January 2013

Sports & Entertainment Law

The Texas Moving Image Industry Incentive Program in 2012

by Shameer A. Soni, Esq.

The Texas Moving Image Industry Incentive Program (the Incentive) was established in 2007 in response to similar incentive programs enticing ‘runaway productions’ from Hollywood to other states and Canada. The Incentive was revised in 2009 when the Texas legislature realized that the 2007 Incentive did not generate the results originally anticipated.

The Incentive is a “grant program for production companies that produce moving image projects in [the] state.” To qualify for the Incentive, a production company must meet the following thresholds: (i) a minimum of $250,000 of in-state spending for a film or television program, or $100,000 of in-state spending for a commercial or series of commercials, education or instructional video or series of education or instructional videos, or a digital interactive media production (video game); (ii) at least 70 percent of the crew, actors and extras for the project must be Texas residents (unless waived by Music, Film, Television and Multimedia Office [the “Film Commission”]); (iii) at least 60 percent of the project must be filmed in Texas and (iv) the production company

must submit an expended budget to the Film Commission evidencing satisfaction of the aforementioned requirements. The measures vary based upon the type of project, but the intent of the aforementioned milestones is common.

An eligible production company shall receive one of the following grants that vary based on total in-state spending: (i) for feature films and television productions, either up to 15 percent of the total eligible in-state spending, or up to 25 percent of the eligible Wages paid to Texas residents; (ii) for video games, up to 15 percent of eligible in-state spending, and (iii) for commercials, educational or instructional videos, and reality television programs, up to 5 percent of eligible in-state spending. If a production company spends at least 25 percent of a project’s filming days in an underutilized and economically distressed area, the project is eligible for an additional grant in an amount up to 4.25 percent of the total production company’s in-state spending for the project. An underutilized and economically distressed area is one that the Film Commission determines (i) receives less than 15 percent of the total film and television production in this state during

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a fiscal year, or (ii) has a median household income that does not exceed 75 percent of the median state household income.

For the 2012 fiscal year (which runs September 1st through August 31st) and the 2013 fiscal year the legislature has allocated $15 million per fiscal year for the Incentive. Approximately $10 million in unused incentives from the 2010-2011 biennium carried over to the 2012-2013 biennium, adding to the Incentive pool for 2012-2013. This budget allocation will be shared among each of the Incentive segments; however, the legislature introduced a novel restriction to the allocated funds in the budget rider for the 20122013 biennium by stating that no more than 40 percent of the total allocated funds of $40 million shall be expended on one particular segment for the combined fiscal years 2012 and 2013. This language has been interpreted to mean that there is a $16 million cap on each sector over fiscal years 2012 and 2013, when taken together.

Based on the Film Commission’s statistics, the 40 percent cap will have the most substantial impact on television which, for the 2012-2013 biennium, has accumulated a grant amount of $12,138,507 over 13 applications through to October 31, 2012. Feature film is second, over the same time period, with a grant amount of $6,920,725 over 13 applications, and

video games are third with a grant amount of $6,033,072 over 31 applications. From a geographic perspective, Incentive dollars are concentrated in the Dallas and Austin metropolitan areas with Dallas receiving $9,983,383 in Incentive dollars and Austin receiving $14,530,965. A vast majority of the in-state Incentive spend in Dallas is concentrated in feature film ($29,608,671 for 2012-2013 biennium through October 31, 2012) and television ($22,673,359 for 2012-2013 biennium through October 31, 2012), whereas a majority of the instate Incentive spend in Austin is concentrated on video games ($42,013,570 for 2012-2013 biennium through October 31, 2012).

The Incentive has been a boost to Texas feature film, television and video game producers. With total grants of over $26 million in the 2012-2013 biennium through October 31, 2012, the Incentive keeps the Texas moving image industry competitive with the nation’s leading incentive programs in Louisiana (up to 30 percent of in-state spend) and in Georgia (up to 30 percent of in-state spend).

Those looking to take advantage of the Incentive should contact the Texas Film Commission at (512) 463-9200 or film@ HN governor.state.tx.us.

Shameer A. Soni is a senior associate attorney at The Patel Law Group, PLLC practicing entertainment, technology and business law and can be reached at ssoni@patellegal.com.

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D al l as Bar A ssoci ati on l Headnotes 9

Sports & Entertainment Law

Is Appropriation Art Ever Appropriate?

by Melissa Eckhause

“Appropriation art” is art that incorporates existing—often copyrighted—material to create a new work. Andy Warhol’s “32 Campbell’s Soup Cans” is an example. Warhol, Jeff Koons, Pablo Picasso and Richard Prince are all considered masters of this art form. Often, the intent of the appropriation artist is to comment on the meaning of the original art and its impact on society.

The issue is whether appropriating another artist’s work is copyright infringement or fair use. A number of recent, contentious cases have raised this issue, and some of the results have shaken up the art world. For example, in Cariou v. Prince, 784 F.Supp. 2d 337 (S.D.N.Y. 2011), which is now on appeal to the Second Circuit, the court rejected appropriation artist Prince’s claim that his use of the plaintiff’s photographs was fair use and ordered that the infringing copies could be destroyed.

Fortunately, these decisions hardly sound the death knell for appropriation art. Several well-settled cases provide guidance as to when appropriation is fair use and when it is just plain copying.

Photographs and paintings are subject to protection under the Copyright Act of 1976. The owner of the copyright has the exclusive right to make copies and derivative works that adapt or modify the origi-

nal work.

An exception to copyright infringement is fair use. Under the fair use doctrine, use of a copyrighted work is permitted for such purposes as criticism, comment, teaching, news reporting, scholarship and research. This means that under certain circumstances artists can freely use someone else’s copyrighted work when creating new pieces. The justification for this principle is that there is a public interest in allowing artists to express themselves creatively.

When analyzing fair use, courts consider four factors: (1) the purpose and character of the defendant’s use including whether the new work transforms the original work; (2) the nature of the copyrighted work including whether it is factual or creative; (3) the amount and substantiality of the portion used; and (4) the effect of the use on the potential market for the copyrighted work.

If a new work is highly transformative, the other factors become less important. Therefore, many appropriation copyright infringement cases hinge on the degree to which the new work transforms the original work.

A new work is considered transformative if it adds to the original work by imparting new meaning or message to the original. If the new work seeks to supersede the original, it is not considered transformative. The more a new work comments on or critically refers back to an original work, the more likely it

will be deemed transformative. There are no bright line rules for determining when something is transformative. Instead, it is determined on a case-by-case basis.

For example, in Blanch v. Koons, 467 F.3d 244 (2d Cir. 2006), artist Jeff Koons used a copyrighted photograph taken by Andrea Blanch that appeared in an issue of Allure magazine. Koons’ purpose in using Blanch’s image was to comment on the social consequences of such advertisements.

The Second Circuit affirmed the grant of summary judgment in favor of Koons and held that his appropriation of Blanch’s photograph was transformative. The court found it significant that Koons had a different objective in using Blanch’s image than she had in creating it. The court also noted that merely transferring an image from one medium to another, e.g., from a photograph to a painting, is not transformative. Additionally, taking a fashion advertisement and recasting it as high-brow art is not per se fair

use. In contrast, in Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992), Koons’ fair use defense failed because his sculpture did not directly parody the original work, but rather was a parody of society at large. The court emphasized the need to comment specifically on the underlying original work. The court also rejected Koons’ argument that his use was justified because he was a “significant player in the art business” and his sculpture “bettered the price of the copied work by a thousand to one.” The court further did not agree that appropriation art is inherently fair use.

Lately, Koons has been seeking permission from the creators of copyrighted materials to use their work. That is perhaps the best way to make appropriation HN art appropriate.

Melissa Eckhause is an intellectual property attorney who teaches Copyright Law and Media Business Law at the Art Institute of Fort Worth. She can be reached at meckhause@aii.edu.

16TH ANNUAL CHARITABLE PLANNING SEMINAR

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To register or see available continuing education credits and course prerequisites, visit dallasfoundation.org The Dallas Foundation, founded in 1929 is the oldest community foundation in Texas serving as a resource for professional advisors as well as a philanthropic partner for your clients.

10 H e a d n o t e s l D a l l a s B a r A s s o ciation

January 2013

Column The Business of Law

“Rainmaking” 201: From the Experts

by Mary Louise C. Hopson

In previous columns, we explored several basic tips to marketing success and how to get the most from networking efforts. In a threepart series starting with this issue, we hear from members of the Dallas Bar Association about “rainmaking”—developing business, fostering good client relationships, and what it takes to be a lawyer whom clients trust with their biggest decisions.

You can recognize them from across the room, at meetings, in the community or at a client or firm social event. They are the talented “rainmakers” of their firms, consistently bringing in good business for themselves and their colleagues. It goes without saying that they know their areas of law cold. But they also have a way of communicating with clients and colleagues that inspires confidence in their abilities and creates an atmosphere of trustworthiness in matters of great importance.

What sets these lawyers apart? How are they so successful at bringing in business?

To answer these questions, we asked a few DBA members to share their impressions about client development and how to be successful at “rainmaking.”

In the Beginning: A Winning Formula for Intellectual Property Law David Carstens co-founded Carstens & Cahoon, LLP, an intellectual property boutique firm, in 1998. He assists clients with both patent and trademark prosecution and litigation, helps negotiate license agreements and evaluate intellectual property in preparation for mergers, and counsels clients on infringement issues, employee noncompete agreements and confidentiality agreements. A past president of the DFW Intellectual Property Lawyers Association and past Chair of the Computer Use and

Technology Section of the Dallas Bar Association, he is also a Master in The Honorable Barbara M. G. Lynn American Inn of Court. He holds two engineering degrees and an MBA in addition to his law degree.

Mr. Carstens offered some practical tips for setting up a successful firm.

“One of the things we did in the early days was to invest in good professional marketing and collateral materials that illustrated the collective experience our lawyers had before forming our new firm,” he said.

“Making an investment in our image, and cultivating how we wanted to be perceived by our clients and potential clients, was an important part of our identity.”

Mr. Carstens put together a website that related to the other marketing materials to show the new firm in its best light, with an emphasis on practice quality. The team conceived of meaningful branding, including the concept of the umbrella, denoting the protection clients need from the vagaries of the intellectual property “weather,” which can get stormy. The firm’s cohesive image was noticed and enabled the firm to get off to a good start.

Mr. Carstens also emphasized the importance of developing good, responsive relationships with referring attorneys. Such relationships are important to building a solid base in the early days of a firm’s existence, especially in the case of a boutique firm, where referrals are especially important. He added that his work with the Dallas Bar Association provided opportunities to meet and work with lawyers, and referrals came from those contacts.

“When lawyers look to refer business, it’s important to be very responsive to the client as well as to the referring attorney,” he said. “We returned calls quickly, and included the referring attorney as a

part of the process of helping the client.

If one doesn’t do this, it reflects poorly on the referring attorney as well as on us. It’s important to be responsive; to take excellent care of the client. This remains important to us today.”

This open communications style extends to direct client communications, added Mr. Carstens. “Often when one reads letters written by lawyers, it takes some time to ‘get to the meat’ of the matter,” he said. “Our letters to our clients are concise and follow a standard style. We lay out the issue, give recommendations and mention deadlines, then we describe our ‘default position,’ which lets the client know the firm’s plans for the next step. This enables

the client to know what the lawyer is going to do, and the client understands what our recommendation is.”

When the firm’s lawyers meet with potential clients, they usually meet face to face, which Mr. Carstens said is a good way to get to know each other. “We don’t worry as much about charging a fee at the initial contact,” he added. “It’s a low-pressure meeting to go over the issues and get HN to know each other.”

Next issue: Asking About Client Needs Marketing veteran Mary Louise Hopson is a longtime member of the Publications Committee and writes this occasional column about the business side of law practice. She can be reached at mlhops@sbcglobal.net.

Thank You Sponsors!

Diamond Sponsor Mike Lynn (left), of The Mike and Barbara Lynn Philanthropic Fund, Campaign Chair Michael Hurst and Diamond Sponsor Mark Pierce, of Slack & Davis, L.L.P.

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DVAP’s Finest Scott Robelen

Scott Robelen is Senior Trial Counsel with Bailey & Galyen.

He has been volunteering with DVAP since 2005, primarily as an intake attorney at the Garland Clinic, East Dallas Clinic and West Dallas Clinic. In addition, he accepts one or two DVAP cases on a pro bono basis each year. Scott explains his interest in pro bono work as follows, “Helping those in dire need not only gives my life perspective and humility, but affords great satisfaction, especially when the client leaves the clinic feeling so much relief that someone who cares is here and willing to help them.” Thank you for all you do, Scott!

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Dal l as Bar A ssoci ati on l Headnotes 11

Sports & Entertainment Law

15 Minutes of Fame: Reality TV contracts

by Sally Helppie

So you want to be a reality star! All you have to do is sign a “standard” contract and you will see your face on television, with a chance at fame and fortune. No problem, right?

Before signing on the dotted line, you should know that people appearing onscreen are referred to as “Talent”—whether they have any or not—and those standard contracts are not written in favor of said Talent.

Broadcast and cable networks regularly hunt for shows with Talent that have enough charisma to hold viewer attention. Think about it: how many people would tune in to look at houses on the verge of collapse or overstuffed storage units? But throw a Mike Holmes or a group of bickering characters into the mix, and the ratings rise. Reality programming is popular with network executives because it does not cost as much as scripted television and the Talent is nonunion.

Reality television shows generally fall into two broad categories: competition and personality-based. So, for example, America’s Got Talent, The Bachelor and Storage Wars all are shows driven by competition, while Jersey Shore, Undercover Boss and anything starring the Kardashians are shows driven more by personality.

While some Talent just want to be seen on television no matter how embarrassing they are made to look, more often Talent is lured in by the hope of showcasing skills or winning a prize or finding love or having a business promoted. Be aware, however, that most reality show contracts state that Talent might not actually appear onscreen even after elaborate application and audition hurdles have been cleared. It is disappointing for someone expecting to compete for fame and

fabulous prizes to be told at the last minute that she is an alternate who will not participate, will not be seen and will not even get a consolation prize.

Networks cannot always predict which shows will become hits and which will flop. So they cover their bases by tying down unsuspecting Talent either directly or through the company producing the show.

Remember that television is part of the entertainment industry. Reality shows are meant to entertain. That often entails distorting reality. Consequently, nearly all contracts give the network the right to mislead, set up confrontations and edit the captured footage so that the original meaning is nowhere to be found. While a network is not going to give up its editing rights, for some shows it will allow revisions to its standard agreement to provide that the Talent will not be shown in a defamatory, fictionalized way.

But distortion alone does not always deliver enough excitement. So the agreements typically allow producers to gather information about Talent from numerous sources—from medical records to credit reports to the kid who claims the Talent was mean to him in the fifth grade. All of this data can then be edited and presented to entertain the viewers.

Rather than blindly signing off, Talent should consider what is truly needed for the particular show and delete inapplicable provisions. Medical records might be relevant for programs involving strenuous conditions or close quarters. Similarly, after certain misrepresentations by participants proved embarrassing in recent seasons, contracts generally allow a network to conduct needed criminal and financial checks.

When a network lands a hot Talent, it does not want him or her sneaking off to one of its competitors. So the Talent may be tied

down by the network with little or no compensation. For example, the Talent may be prohibited from appearing on other shows for a set period of time without network approval. Talent could also be compelled to use network-approved companies as career managers, to give up exclusive rights to his/ her life story, or to participate in live tours or subsequent “reunion” and “making of” episodes. But my personal favorite remains a “standard” network agreement that gives the network a one-sided option to require Talent to participate in “any future unscripted reality-based programs” the network chooses!

Imagine signing on for Cake Boss and some-

how ending up on Survivor.

So before accepting a reality television offer, potential Talent should consult an entertainment attorney. Not everyone wants to give up his privacy or the story of his life.

Not everyone wants to accept public disparagement. Not everyone wants to commit to appearing on future reality programs. When Talent is burdened with a one-sided “standard” contract those 15 minutes of fame may HN feel like an eternity.

Sally Helppie practices entertainment law and litigation at Vincent Lopez Serafino Jenevein, P.C. She can be reached at shelppie@vilolaw.com.

2012 DBA President Recognized

Paul K. Stafford, DBA’s 2012 president, was recognized by the Board of Directors with an oil painting of The Belo Mansion by Texas artist Jerral Derryberry Mr. Derryberry’s work is currently represented and sold in fine art galleries and national exhibitions. More of his work can be seen at www.jerralderryberry.com.

Please join us!

Monday, January 28, 2013 Justice Antonin Scalia & Bryan A. Garner for a discussion on their new book, Reading Law: The Interpretation of Legal Texts

McFarlin Auditorium – SMU Campus 7:00 p.m.

$50 per ticket (lecture + book; first 1,000 tickets sold) $35 per ticket (lecture only) All tickets general admission

Bryan A. Garner

Distinguished Research Professor, SMU Dedman School of Law

Purchase tickets online: www.smu.edu/law Click under “Upcoming Events”

Antonin Scalia

Associate Justice, Supreme Court of the United States

12 H e a d n o t e s l D a l l a s B a r A s s o ciation

Focus

January 2013

Sports & Entertainment Law

The NFL and Former Players Knock Heads in Concussion Litigation

by Todd Goldberg

“Kill the head, and the body will die,” shouted Greg Williams, former defensive coordinator for the New Orleans Saints, as a rally cry to the team before an NFL playoff game last January. A few months later, as a result of the so-called “bounty” scandal, the NFL banned Williams indefinitely and punished the Saints for allegedly paying bonuses to players as an incentive to injure opponents.

Williams’ words are reprehensible; however, violence in football implicates a broader health concern for current and former players. According to medical research, because of repeated concussions, NFL players have an increased risk of Alzheimer’s and Lou Gehrig’s disease and greater exposure to chronic traumatic encephalopathy (CTE), a neurological disorder with broad physical and mentalhealth symptoms, but no known treatment. CTE gained attention when Junior Seau (a retired star linebacker) shockingly committed suicide in May 2012. Seau’s brain has been donated for research.

Alarmingly, as training methods produce larger, faster and stronger athletes, high-impact collisions between players have increased in force. While it now seems obvious that NFL players will face health consequences, former players con-

tend that the NFL did not disclose longterm risks. Until the NFL convened a “concussion summit” in 2007, its statements had been inconsistent. In 1952, the New England Journal of Medicine recommended that players retire after three concussions, but the NFL failed to diligently conduct research on the subject and did not publicly accept the study until 50 years later.

The parties’ dispute has escalated to the courtroom, as over 3,500 former players have filed lawsuits against the NFL concerning head injuries. The cases have been consolidated in a Pennsylvania court and are styled as, In re: National Football League Players’ Concussion Injury Litigation (Consolidated Litigation).

In the Consolidated Litigation, representative players filed a consolidated class action complaint against the NFL alleging state-law claims of fraudulent concealment and negligent omission. The players allege that the NFL engaged in a disinformation campaign regarding their long-term health, which violated the NFL’s duty to act in the best interests of the health and safety of players, and also failed to timely effectuate remedial measures.

In response, the NFL filed a motion to dismiss on the grounds that the statelaw claims are preempted under the Labor

Management Relations Act ( LMRA) because the claims involve issues requiring interpretation of a collective bargaining agreement (CBA). In October, the players responded by asserting that the LMRA only preempts state-law claims that expressly turn on CBA interpretation, and that their claims arise from independent duties under state laws.

The court has not yet ruled on the pending motion, but this year, an Illinois federal court considered whether negligence claims by a former player against the NFL were preempted under the LMRA. Duerson v. Nat’l Football League, No. 12 C 2513, 2012 WL 1658353 (N.D. Ill. May 11, 2012). That court’s analysis appears to support the NFL’s request for dismissal of the NFL Concussion Litigation, particularly on negligence.

In Duerson, the court held that if the player’s alleged brain trauma was “significantly aggravated” by continuing to play (under the CBA), then the CBA created a duty to warn. Thus, the negligence claim requires interpretation of the CBA and is preempted by the LMRA. The court also noted that the existence of such a duty would tend to suggest that the NFL’s alleged failures to act were reasonable due to assumption of the risk.

Similarly, in the Consolidated Litigation, the players’ claims arise from an

alleged duty of the NFL to protect players’ health and welfare. The players suggest that this duty was assumed by the NFL’s history of steps represented to be in their interests—not a duty under the CBA. However, if the Pennsylvania court follows the holding of the Illinois court and rejects the alleged distinction between the duties, the NFL’s motion to dismiss will likely be granted.

The NFL players may not be granted legal remedies, but whether or not the players prevail in the litigation, they have shined the spotlight on the welfare of players—past, present and future— and spurred a framework for progress.

The NFL has taken notice, and recently implemented rule changes and policies to prevent and address concussion-related injuries. The NFL also made a $30 million donation to fund medical research. Moreover, the present CBA provides increased benefits to former players with the disorders associated with concussions. Hopefully, these efforts will increase the quality of NFL players’ post-career lives and allow current and next-generation players to HN avoid the same repercussions.

Todd Goldberg, an associate with Goldfarb LLP, focuses his practice on commercial litigation with an emphasis on complex business disputes and financial fraud matters. He can be reached at tgoldberg@goldfarbllp.com.

Book Review: Business and Commercial Litigation in Federal Courts

by Timothy W. Mountz

The Third Edition of Business and Commercial Litigation in Federal Courts has recently been published. This 11-volume treatise is an update of the version first published in 1999 and updated and expanded in 2005. The treatise is published by Thomson Reuters and the ABA Section of Litigation, and edited by Robert Haig of Kelly, Drye & Warren in New York.

This treatise is a remarkable resource that every federal court practitioner should have. Its 12,742 pages are comprised of 130 chapters written by 251 practitioners and federal judges around the country. The Third Edition has been substantially expanded with the addition of 34 new chapters. As you would expect, many of the contributing authors have national reputations in their fields. Some of the distinguished Texas contributors include Judge David Hittner and David Beck as co-authors of the chapter on Jury Selection; Harry Reasoner on Ethical Issues in Commercial Cases; Judge Barbara Lynn is a co-author of the chapter on Requests

for Admissions; Stephen Susman co-wrote Techniques for Expediting and Steamlining Litigation; and Charles Babcock is the author of the chapter on Prior Restraint of Speech.

Other Texas contributors are Barry Barnett, Edward Carr, David Coale, Vincent Hess, John McElhaney, Barry McNeil, Eric Nichols and Blake Tartt.

The authors volunteer their time to contribute and update the treatise; royalties go to the ABA Section of Litigation. The editor conservatively estimates that the authors and their law firms have invested more than 60 million dollars of billable time in working on the Treatise and its annual pocket parts, not including the time of the 22 federal district and circuit judges who contributed chapters.

The treatise is unique in its approach to coverage of the issues faced by litigators in federal court. Approximately the first half of the chapters in the treatise deal with topics that are common to most federal cases, such as personal and subject matter jurisdiction, removal, venue, joinder, pleadings, pretrial discovery, trials, judgment and appeals. These chapters

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address the litigation process from the initial case evaluation stage to conclusion of the case, and include chapters on topics including Multidistrict Litigation, Alternative Dispute Resolution, International Arbitration and the Impact of the Bankruptcy Code on Civil Litigation in the Federal Courts.

The chapters in the second portion of the treatise address 63 different areas of substantive law that are the subject of federal court litigation in commercial cases, including Securities, Patents, Trademark, Copyright, ERISA, White Collar Crime, the Foreign Corrupt Practices Act and the False Claims ActBecause this treatise has been written by judges and practitioners, most of the chapters outline the strategic issues and their implications that a practitioner should consider, in addition to a comprehensive survey of the law and procedure. There are useful Practice Aids and Checklists at the conclusion of almost every chapter, with Jury Instructions and Forms where appropriate. These materials are also contained on a CD-ROM. For example, the chapter on Discovery of Electronically Stored Information by Judge Shira

A. Scheindlin contains a comprehensive discussion of the issues in this area, and concludes with detailed checklists for interviewing an organization’s employees, investigating the hardware environment and applications and investigating backup systems and archives.

The Forms section at the conclusion of the chapter also contains case management order provisions relating to production and inadvertent production issues.

The treatise is worth having just for the Practice Aids, Checklists and Forms in each chapter. Plus, as noted above, the chapters are updated each year.

The Third Edition of Business and Commercial Litigation in Federal Courts is an impressive and comprehensive treatise.

The scope and depth of its coverage of substantive law and procedure, together with its identification of strategic issues and practice aids, make it a valuable resource that a federal court litigator can use in virtually every case involving federal law or HN the federal courts.

Timothy W. Mountz is a partner at Baker Botts L.L.P. He can be reached at t.mountz@bakerbotts.com.

J anu a ry 2 0 1 3

Focus

Dal l as Bar A ssoci ati on l Headnotes 13

Sports & Entertainment Law

Use Unlicensed Music in Wedding Films at Your Peril

by Vincent Allen

Quantum leaps have been made in both the quality and popularity of wedding films over the past 10 years.

The advances are a result of technology improvements in post-production editing systems and the introduction of low profile cameras that rival the production quality of movie sets. Most recently, the availability of relatively low cost DSLR cameras has added a cinematic element to event film productions that previously was not available.

Event filmmakers have begun creating works of art that capture the emotions of the wedding day. So it is no surprise that wedding films are often set to music selected to create the desired mood. Historically, event filmmakers have not given much thought to obtaining permission to use a popular song in a wedding film, and some have even operated under the erroneous belief that purchasing the song on a CD or iTunes will avoid a copyright violation. Event filmmakers have now begun paying more attention to copyright issues as rights holders have stepped up enforcement activity directed to unlicensed use of music on the internet.

One notable example is the film of Tony Romo’s wedding that was streamed on the Internet by Austin event filmmaker Joe Simon in 2011.

Although the film was only up for one day before it was taken down, that was long enough for a record label to notice that Simon had used a Coldplay song without a license. The record label sent Simon a cease and desist letter and demanded $150,000 for the

unlicensed use of the song in violation of copyright law. Simon ultimately settled the claim for an undisclosed five figure sum.

The attention given to Simon’s film caused event filmmaker internet forums to erupt with discussions about the routine use of popular songs without a license. Many that had previously used popular songs in wedding videos without permission have stopped the practice, or at least are no longer streaming the wedding films on the Internet. Some are still using unlicensed music, and in some cases, admitting to the knowing improper use in event filmmaker forums.

Many event filmmakers complain about the inability to obtain a license to popular music for a reasonable fee.

This has been a problem as the cost and time to contact a copyright owner to obtain a one-time license for a song is not feasible for a wedding film or other film intended primarily for personal use. However, the inability to obtain a license does not justify the willful infringement of the copyright in a song.

The vacuum in the market that has been created by the growth of the event filmmaking industry has, however, resulted in the birth of niche licensing companies that have negotiated deals with copyright owners that allow the licensing company to offer synch and streaming licenses for a substantial inventory of songs. For example, The Music Bed, located in Fort Worth, has numerous songs available at fees ranging between $49 and $399 for uses ranging from wedding films to corporate promotional vid-

eos. Song Freedom also offers a similar service at a cost of $34.99 per song for personal event video and photography.

The licenses provided allow streaming in perpetuity and a limited number of DVDs or Blu-Rays. However, it is important to read the fine print of the license granted to be sure that the desired uses are permitted under the license.

Elizabeth Allen of Copper Penny Films in McKinney is an event filmmaker who has elected to use only licensed songs in her films. She notes, “While the number of popular songs offered by companies such as The Music Bed and Song Freedom is growing, I will often spend a significant amount of time listening to less popular music to find a song that fits the film.

Although a bride may request a mainstream song, that song is not always the best fit, and I have found that the use of an indie song can help tell the

story better than popular music that may take attention away from the film.

But I still must explain to the bride why I can’t use the song she requested when other filmmakers are willing to risk using popular music without permission.”

In conclusion, the use of unlicensed music is not worth the risk of statutory damages of up to $150,000 and up to five years imprisonment. License companies will continue to fill their inventories with songs that can be licensed for a nominal fee. Event filmmakers should take advantage of the songs offered to avoid the risk of copyright infringement and to encourage the licensing companies to obtain more HN songs in their inventories.

Vincent Allen is past chair of the Publications Committee and is a partner at Carstens & Cahoon, LLP where he focuses his practice on intellectual property law. He can be reached at allen@cclaw.com.

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14 H e a d n o t e s l D a l l a s B a r A s s o ciation

January 2013

New IRS Section 6050W: What is it, and How it Affects Attorneys It is estimated there are over 10,000 credit card transactions made every second around the world. This astonishing number results in over $7.5 trillion in credit card payments per year (American Bankers Association). If you are one of the lucky businesses processing these transactions, congratulations, you are now subject to the newest IRS requirement–Section 6050W.

Commentators on the final regulations had suggested “defining ‘gross amount’ as net sales, taking into account credit transactions, chargebacks and other adjustments, on the ground that gross amount is not a true indicator of revenue.” Id. The Treasury rejected these suggestions because “[t]he information reported on the return required under these regulations is not intended to be an exact match of the net, taxable, or even the gross income of a payee.” Id

legal name to IRS records. Due to technology limitations with most Visa & MasterCard processors, merchant statements are usually limited to only 25-35 characters.

As such, many law firms’ merchants have either abbreviated their name or used an acronym for their merchant account. If this is the case, you will need to contact your processor to assure that your legal name on your merchant exactly matches the legal name you use to file your tax returns.

What is 6050W?

What about my IOLTA?

Painful Penalty

by Tracey Gavin

Section 3091(a) of the Housing Assistance Tax Act of 2008 (the Act) added section 6050W to the Code requiring merchant acquiring entities and third party settlement organizations to file an information return for each calendar year reporting all payment card transactions and third party network transactions with participating payees occurring in that calendar year. It was created in an effort to further reduce the estimated $345 billion tax gap from the business sector by providing additional information to the IRS on aggregate credit card transactions. Effective January 2012, all credit card processors (i.e. LawPay, First Data, TSYS, etc) and 3rdparty payment aggregators (PayPal & Square) will be required to report gross card transactions to the IRS. This means the gross dollar amount of all transactions will be reported on a special 1099-K, regardless of returns or any processing fee deductions.

The amount to be reported to the IRS with respect to each lawyer is the total gross amount of all of the transaction made for that lawyer in the calendar year. The preamble to the final regulations under section 6050W makes clear that the amount reported is to be the total gross amount “without regard to any adjustments for credits, cash equivalents, discount amounts, fees, refunded amounts, or any other amounts.” 75 FR 49821-01, 2010 WL 3207681 (August 16, 2010).

In the case of attorneys, Section 6050W does not make a distinction between credit card transaction deposits made to a trust or IOLTA bank account and an attorney’s operating bank account. This has many attorneys concerned the IRS will view these transactions incorrectly as income.

However, there are two important items to note: (1) the new 1099-K is only intended to be “informational,” (2) your processor should include a merchant industry code on your 1099-K identifying you as a law firm or provider of legal services. The reporting requirements under section 6050W require credit card processors to report to the IRS on Form 1099-K the total gross amount of payment card transactions processes for each client over the calendar year, without reduction to account for amounts deposited into IOLTAs. Although there are few instructions from the IRS informing taxpayers on how to account for discrepancies between 1099-Ks issued to them and amounts reported on the taxpayer’s return, it is clear that the IRS does not intend the Form 1099-K to match net, taxable, or even gross income. Thus, the amount shown on the Form 1099-K will not in all instances be required to be reported as income.

Match or Mis-Match?

In addition to the gross volume reporting, Section 6050W also requires processors to verify and match your federal tax ID and

Originally set to begin January 2012, the IRS has decided to use the 2011 tax year as a “trial run” for reporting on 1099-Ks. Due to system and reporting limitations with both the IRS and virtually all card processors, the timeline for matching legal names and TINs has been extended until the 2012 tax year. The bad news however, is beginning January 2013, the IRS will impose a 28 percent withholding penalty on all credit card transactions if the merchant information on file is not an exact match with their records.

Fees for 6050W?

It seems anytime the IRS changes a policy or tax requirement, a new fee is created by the banking institutions to reclaim their own costs. As a merchant, you will be happy to know Section 6050W specifically states processors may not charge for implementing the 1099-K process. Beware of new 6050W charges disguised as “Government Fees” or “Tin-Matching Fees” that may have been recently added to your merchant account.

No Need for Alarm

The intent of Section 6050W is to assist the IRS in identifying businesses not filing accurate tax returns. Requiring a taxpayer to account for discrepancies between amounts reported on Form 1099-K and the taxpayer’s return would be consistent

with reporting on Form 1099-Misc. In the case of Form 1099-Misc, a taxpayer reporting business income on Form 1040 reports only amounts that are “properly shown” on the 1099-Misc. In the case of deviations, the taxpayer is instructed to “attach a statement explaining the difference” (See 2010 Instructions for Schedule C: Profit or Loss From Business). Thus, it would be consistent with IRS policy in other areas to similarly require a taxpayer reporting a return amount different from the amount shown on Form 1099-K to attach a statement showing the reason for the difference.

In the case of a lawyer depositing amounts into an IOLTA, the statement would show the amount of such deposits over the year which is excludable from gross income.

Fortunately, the IRS has recently provided guidance for the 2011 tax filing year through a notice to Tax Filers dated January 31, 2012 entitled “Clarification to the instructions for Schedule C, E & F on Reporting 1099-K Amounts” (www.irs.gov/ formspubs/article/0,,id=253098,00.html).

Not only has the requirement to report the amounts of Gross Credit Card Transactions been deferred for the tax Year 2011, there are other indications that the IRS may NOT require small business tax filers to reconcile the differences between 1099-K amount and income for future tax years.

While LawPay is taking a very proactive approach to these new rules from the IRS by validating all Attorney Merchants, not every processor is following suit. Don’t wait for your credit card processor to contact you! The IRS has assigned the reporting requirements on the credit card processors, but the ultimate liability lies squarely with you and your firm.

For more information on Section 6050W visit www.IRS.gov or consult HN directly with your tax advisor.

Tracy Gavin is the Marketing Director for LawPay. She can be reached at tgavin@affinipay.com.

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J anu a ry 2 0 1 3

Classifieds

Dal l as Bar A ssoci ati on l Headnotes 15

January

OFFICE SPACE

Office, small conference room and secretarial area facing Cole Park for $1,050.00 P/M full service. Also, large furnished office space available within small real estate law firm located at 4054 McKinney Avenue. Shared conference and break room, copier, fax, DSL & phone equipment are available if needed. There is a possibility of overflow real estate work.

No long term commitment and a monthly rate of $650.00. Call (214) 520-0600.

Furnished office space for rent within law firm. Great location at 9400 N. Central Expressway (Central and Park Lane).

Window office plus space for an assistant.

Rent includes covered parking and access to kitchen and conference rooms. Postage meter, scanner, copier, fax, phone and high speed Internet. Call (214) 365-9000 ext. 307 or email mike@mcculloughmediation.com.

Class A Space – North Dallas. Property Tax law firm has four offices available for lease and space sharing. One partner size window office, one standard size window office, and two interior offices. Access to two conference rooms, break room, and on site gym. Phone, copier, fax, and internet available if needed. Great location at Tollway & Frankford (17855 Dallas Parkway). All finish out new as of February 2011. Call (972) 407-6508 or email Ken at bailey@txtax.com.

3 Months’ Rent Free. Offices in Preston Tower. Shared amenities (kitchen, conference room, reception area, bathrooms). Near Preston Center, 10 minutes from courthouse. Will consider lease with option to purchase. Call (214) 369-1171 or email herbhooks@aol.com.

15’x18’ Office available in converted

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historic house in Uptown. Includes hardwood floors, fireplace, and built-in bookcase. Base rate is $1,000 per month. Call (214) 563-3157 for inquiries.

North Dallas Tollway (Galleria area) office space. Hardwood floors and ornate mahogany paneled walls in common areas. Several offices available in different sizes, all with accompanying mahogany secretarial carrel. All have access to three conference rooms, copier, postage meter, high speed Internet, phones and two kitchens. Receptionist services also available. Please call Brittanie at (972) 934-4100.

POSITION AVAILABLE

Unique Law Firm Opportunity. Love practicing law but hate the administrative hassle? Want to keep more of your fee income? Bring your self-supporting client base and join a dozen first class business and family law attorneys in our Campbell Centre I offices. Be your own boss, share referrals and be more productive while we deal with the website, billing, staff, IT issues, etc. Pay your very affordable share of overhead; then take home what you earn. For more information about Palmer & Manuel contact Steve Palmer or Rebecca Manuel at (214) 242-6444. www.pamlaw.com; spalmer@pamlaw.com

SERVICES

Economic Damages Experts - Thomas Roney has more than twenty five years’ experience providing economic consulting services, expert reports and expert testimony in court, deposition and arbitration. His firm specializes in the calculation of economic damages in personal injury, wrongful death, employment, commercial litigation, IP, valuation and divorce matters. Mr. Roney and his experienced team of economic, accounting and finance experts can help you with a variety of litigation services. Thomas Roney LLC serves attorneys across Texas with offices in Dallas, Fort Worth and Houston. Contact Thomas Roney in Dallas/Fort Worth (214) 665-9458 or Houston (713) 5137113. troney@thomasroneyllc.com.

“We Count.”

Mexican Law Expert - Attorney, law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues: FNC motions, Mexican claims/ defenses, personal injury, moral damages, contract law, corporations. Coauthor, leading treatise in field. J.D., Harvard Law. David Lopez, (210) 2229494. dlopez@pulmanlaw.com.

types of Diamonds, Immediate Cash Paid. Consignment terms available @ 10 -20% over Cash. For consultation and offers please call (214) 739-0089.

Killingsworth Aircraft Valuation Service LLC. Specializing in General Aviation. Fixed wing and Rotorcraft. Accredited by: American Society of Appraisers. Member of Forensic Expert Witness Association. www.kairvals.com, www.appraisers.org (281) 796-4812 Legal Document Retrieval, Inc. (800) 487-2245. Immediate access to copies of documents from active and closed files from Courts, Archives and Government Agencies. Property, Titles, Assets, Liens search. Legislative Intent Documents. Service of process in states and abroad. Contact: legaldocusa@aol.com To place an affordable classified ad here, contact Judi Smalling at (214) 2207452 or email jsmalling@dallasbar.org.

Connect jobseekers with employers in the legal field. Run your ad in the DBA’s online Career Center. www.dallasbar.org/career-center.

Diamond and Gold Buyer. Buying all

Health Law Attorney Needed. Experience in healthcare regulatory and payment matters - Medicare, Medicaid, licensing, transactional or criminal law services to healthcare providers. We prefer a problem solver with a disciplined work ethic, excellent writing skills, good attitude who is self-motivated and will participate in marketing & seminar presentations. Please email resume to markskennedylaw@msn.com.

Is the 2013 DBA Trial Academy a Good Fit for You? • Hands-on civil trial skills training program/CLE • For solo or small firm lawyers • For lawyers with a civil practice in state or county courts • For lawyers licensed five years or less • Combines lectures and demonstrations by seasoned attorneys and live exercises by participants For more information or to apply, please contact Alicia Hernandez at ahernandez@dallasbar.org.

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DBA Family Law Section Bench Bar MLCE 5.50 (Ethics 1.00) Friday, February 8, 2013 10:00 a.m. to 5:00 p.m.

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16 H e a d n o t e s l D a l l a s B a r A s s o ciationâ€

January 2013

Jones Day is excited and proud to have our Partner, Sally Crawford, serve as the 104th President of the Dallas Bar Association.

For more than 25 years, Sally has enthusiastically served our legal community with enormous dedication and passion.

We are honored to support Sally and the Dallas Bar Association.

2400 lawyers throughout the world. www.jonesday.com