March 2013 Headnotes

Dallas Bar Association

HEADNOTES

Focus Health Law/Employee Benefits

March 2013 Volume 38 Number 3

Focus

Health Law/Employee Benefits

Mike Baggett Selected for 2013 DBF Fellows Award Six Things Every Lawyer Should In the midst of Mike’s many professional and community accomplishments, his status On Wednesday, March 27, 2013, the as a super lawyer sometimes gets overlooked.

Dallas Bar Foundation will honor Mike He’s the author of leading treatises published Baggett, of Winstead PC, as this year’s recip- by Matthew Bender: Texas Foreclosure Law ient of the Fellows Award, at a luncheon to and Practice, Real Estate Litigation and Lender be held at the Belo Mansion. The award Liability Law and Litigation, all of which have honors an attorney “who has adhered to the been cited often by appellate courts all over highest principles and traditions of the legal Texas. He is a board certified (and recertiprofession, and has served the community fied) Civil Trial Law specialist, who has first chaired over 50 jury trials, and the profession with the won six cases before the Texas highest ethical standards.”

Supreme Court and served Timothy Mountz, this as chairman of three Texas year’s Chair of the Dallas Supreme Court Task Forces.

Bar Foundation, explained Such achievements have why Mike is a good choice to caused Mike Baggett to be recreceive the Fellows Award: ognized as a recipient of “Who’s “Mike Baggett is a role model Who in American Law,” the for every lawyer in Dallas. One “Best Lawyers in America,” a of Mike’s core values is loy“Super Lawyer,” the “Top 10 alty—to his family, his firm, Business Litigators in Dallas/ his school, to the profession Fort Worth,” and the State Bar and to our community. He of Texas’ Judge Sam Williams has achieved so much in his Bar Leadership Award. remarkable career, and done Miike Baggett Mike believes a lawyer’s it in a way that has made our profession better. He is proud to be a lawyer, most important talent is problem solving, and he constantly reminds everyone around and it has been the key to his success in leadhim of everything our profession stands for. ing area groups through times of crisis. When There is no one more deserving of the Fel- the DBA’s need for more meeting rooms and parking became critical over 15 years ago, lows award than Mike Baggett.”

The wide-ranging respect Mike has Mike and Robert Jordan began the drive received from his peers in the legal profes- for “Mansion Expansion,” which resulted in sion and the community over the course of the construction of The Pavilion at the Belo his 40-year career is demonstrated by the Mansion and underground parking facility. frequency with which he has been asked to When the Cotton Bowl Classic faced the lead organizations. For the Dallas Bar Asso- loss of Mobil Oil as a sponsor, Mike helped ciation, Mike has served as President of the find a successor sponsor in Southwestern Bell DBA in 2000 and Chairman of its Board (now AT&T). He also helped persuade the of Directors in 1996 and also served on board to transfer the game from the stadium the Board of Directors for the State Bar of at Fair Park to Cowboys Stadium, a move Texas. In the Dallas community, he has been likely to put the AT&T Cotton Bowl into Chairman of the Dallas Regional Chamber the BCS in the near future. And as head of in 2010; Chairman of the Cotton Bowl the Chamber’s Transportation Committee Athletic Association in 1996-1998; Chair- during a time of massive population growth, man of Downtown Dallas from 1999‑2000; Mike successfully persuaded Austin legislaand President and Chairman of many asso- tors and the North Texas Tollway Authority ciations and foundations connected with his to provide additional funding for new and alma maters, Texas A&M University and improved tollways and highways.

Though Mike Baggett has many years Baylor University Law School.

On the business side, Mike served as ahead of him as a top-flight lawyer who CEO of the Winstead PC law firm from makes a positive contribution to his profes1992-2006, where he led his colleagues to sion and the citizens of North Texas year-in always strive to succeed through teamwork and year-out, he already knows his ultimate because “We Strengthens Me.” Current goals, “At the end of my life, I want to look Winstead PC CEO Kevin Sullivan, who has back and feel like my contributions made my practiced law with Mike Baggett for over 30 profession and my community better.” The years, gives this perspective on Mike’s con- Dallas legal profession and the community tributions in so many areas: “Whether it’s have become better places because Mike the practice of law, his service to the bar or Baggett came to town in 1973, and what he his involvement in many civic arenas, Mike has done, and continues to do, make him does them all the same way: with energy, a worthy recipient of this year’s Dallas Bar HN effectiveness and humor. All of us at Win- Foundation Fellows Award. stead have always been proud of Mike for his many accomplishments, and congratulate Talmage Boston is a shareholder at Winstead PC, and can be reached him on his well-deserved Fellows Award.” at tboston@winstead.com.

by Talmage Boston

Know About Health Law

by Chuck Blanchard, Jennie Knapp and Debrán O’Neil

Most lawyers do not represent healthcare providers; fewer delve deeply into healthcare regulations. Nonetheless, every lawyer should have a basic understanding of several health law topics.

1. Treatment Decisions.

Individuals can make future medical treatment wishes known and generally enforceable through directives, medical powers of attorney (MPOA) and do not resuscitate orders (DNRs).

Directives and DNRs instruct healthcare providers whether to administer life-sustaining treatment. MPOAs designate agents to make healthcare decisions in the event of incapacity.

These tools are governed by Texas Health and Safety Code Chapter 166. Without them, the attending physician makes treatment decisions in consultation with a patient’s relative, or, if no relative can be found, another physician. If a physician refuses to follow directives or if there is disagreement, the statute provides some process for resolution. Other legal remedies (such as guardianship) may also be available.

2. Anti-Kickbacks and Stark.

The Anti-Kickback statute (42 U.S.C. § 1320a-7b(b)) prohibits giving or receiving payments aimed to influence the referral of Medicare and Medicaid patients to particular healthcare providers. Stark laws (42 U.S.C. § 1395nn) restrict physicians from referring patients to providers with which the physician has a financial relationship. Texas has similar laws—Texas Occupation Code Chapter 102 and Texas Human Resources Code Chapter 32—applicable to patients covered by federal programs and private insurance. These statutes are implicated in situations that are not always obvious.

For example, they have been considered in cases involving municipalities structuring services for residents, grocers providing rewards for prescription purchases and charities assisting the sick.

Entities doing business with healthcare providers should consider the application of these laws, and proposed business arrangements can be submitted to the Office of the Attorney General for opinions on whether they will violate Antikickback and Stark statutes.

3. Privacy.

HIPAA and the HITECH Act establish federal protections for patient information. Texas Health and Safety Code Chapter 181 provides additional requirements, particularly regarding training for employees handling protected information. While these statutes focus on healthcare providers, they also cover “business associates” —those who perform functions involving protected information, such as legal, accounting and information technology services. All covered entities may face civil or criminal penalties for violations of these privacy laws and are required to follow mandated security, training

Inside 5 The Employer’s Health Care Reform To Do List for 2013 7 Legal Obstacles to Care Coordination Remain 9 Inherited IRAs in Texas & Creditors’ Rights

and disclosure provisions. Any entity that comes into contact with protected health information should take steps to ensure compliance.

4. Medicare Reimbursement.

The Medicare Secondary Payer Act (MSPA) requests that Medicare be reimbursed when patients receive payments from third parties for bills Medicare already paid. MSPA applies to payments on final judgments or settlements that include compensation for bills paid through Medicare. Any case where the plaintiff’s damages may be paid through Medicare (in whole or in part) could trigger a right to reimbursement of the full Medicare amount, although the reimbursement can be negotiated to account for attorneys’ fees or other costs.

For past medical bills, documentation of the amount Medicare spent should be obtained.

Medicare is commonly reimbursed by writing a check payable to plaintiff’s counsel and Medicare for the amount. For future Medicare expenses, defendants might seek indemnification or the establishment of a Medicare Set Aside, which makes reimbursement payments to Medicare as they become due.

5. Chapter 74.

Texas Civil Practice and Remedies Code Chapter 74 places additional requirements and limitations, such as expert reports and damage caps, on health care liability claims (HCLCs).

Courts have struggled to define HCLCs, sometimes dismissing cases brought by lawyers who assumed that Chapter 74 did not apply. In 2012, the Texas Supreme Court extended Chapter 74 to both the complaint of an employee of a healthcare facility injured by a patient and to complaints of sexual assault against a physician.

If a claimant has any uncertainty as to whether Chapter 74 applies, she would be well served to produce an expert report out of caution and then argue that the claim is not subject to Chapter 74’s requirements.

6. Complaints.

Clients with complaints regarding healthcare services may wish to contact the following: For physicians: Texas Medical Board (www. tmb.state.tx.us) For hospitals, surgery centers, mental health centers and other facilities: Texas Department of State Health Services (www.dshs.state.tx.us) For nursing homes, assisted living facilities, home health and hospice: Texas Department of Aging and Disability Services (www.dads.state. tx.us) For health insurance: Texas Department of Insurance, www.tdi.state.tx.us For consumer complaints, including products, access to healthcare, Medicaid fraud and insurance: Office of the Attorney General HN (www.oag.state.tx.us) Chuck Blanchard, Jennie Knapp and Debrán O’Neil practice at Carrington, Coleman, Sloman & Blumenthal, L.L.P. They can be reached at cblancha@ ccsb.com, jbauman@ccsb.com and doneil@ccsb.com, respectively.

March Focus Topics: Health Law/ Employee Benefits & Executive Compensation Law This month’s Headnotes articles focus on the topic of Health Law and Employee Benefits & Executive Compensation Law. The Health Law Section welcomes lawyers from all segments of the health care law industry and offers CLEs addressing current issues in this complex and diverse area of law. The Employee Benefits & Executive Compensation Law Section offers CLEs on pensions, profit-sharing plans, ESOPs, health coverage, disability plans and state law.

Join these Sections for $20, 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

March Events

MARCH 1-BELO Noon

FRIDAY CLINICS

“Tips on Trying Bench Trials,” Hon. Jim Jordan. (MLCE 1.00)* RSVP to kzack@dallasbar.org.

MARCH 8-NORTH DALLAS** Noon

“Delaware Law Primer,” Ryan Cosgrove and Patrick O’Brien. (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.

MARCH 15-BELO Noon

“Litigation in Probate Courts,” Donna Yarborough. (MCLE 1.00)*

FRIDAY, MARCH 1 Noon

Friday Clinic-Belo “Tips on Trying Bench Trials,” Hon. Jim Jordan.

(MLCE 1.00)* RSVP to kzack@dallasbar.org.

MONDAY, MARCH 4 Noon

Tax Law Section “Transferee Liability,” Robert D. “Bob” Probasco.

(MCLE 1.00)*

Peer Assistance Committee

TUESDAY, MARCH 5 Noon

Alternative Dispute Resolutions/Tort & Insurance Practice Sections “A Practitioner’s Guide to the New Expedited Jury Trials,” Hon. Eric Moyé, Hon. Dale Tillery, Mike Guajardo, Dan Worthington and Bryan Pope, moderator. (MCLE 1.00)*

Corporate Counsel Section “Labor & Employment Law Update,” Ed Berbarie and Steven Rahhal. (MCLE 1.00)*

Morris Harrell Professionalism Committee

DAYL Attorneys Serving Troops Committee

6:00 p.m. DAYL Board of Director’s Meeting

WEDNESDAY, MARCH 6

9:00 a.m. Pictorial Directory Photographer at Belo Noon

Employee Benefits & Executive Compensation Law Section “Tax Legislation Update,” James Griffin, Michael Kaufman, Tara Silver-Malyska and Randy Wright.

(MCLE 1.00)*

“Delaware Law Primer,” Ryan Cosgrove and Patrick O’Brien. (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.

Trial Skills Section “The Ethical Trial Lawyer: Avoiding Malpractice and Honoring the Practice of Law,” Robert Tobey. (Ethics 1.00)* Dallas Volunteer Attorney Program “Mental Health & Mental Illness Resources CLE,” Judges Michael E. Miller, John Peyton and Brenda Hull Thompson, moderator.

(MCLE 2.50)* To register, or for more information, contact reed-brownc@lanwt.org.

Presented by DVAP, the DBA Probate, Trust & Estate Section and Dallas County Probate Courts

MONDAY, MARCH 11 Noon

Real Property Law Section “Negotiating Non-Recourse Carve-Outs in Light of Recent Court Decision,” James H. Wallenstein. (MCLE 1.00)*

TUESDAY, MARCH 12 Noon

Business Litigation Section “Expedited Resolution of ‘Small’ Cases and ‘Loser Pays’ Dismissal of Nonmeritorious Cases: The New Rules Are Here; What Do They Portend?” David Chamberlain, Justice Jim Moseley, Tex Quesada and Scott Stolley.

(MCLE 1.00)*

Solo & Small Firm Section “What the Solo or Small Firm Lawyer Needs to Know about Hiring,” Randy Block and Nita Starnes. (MCLE 1.00)*

Public Forum Committee

DAYL Judiciary Committee

Entertainment Committee

5:30 p.m. Bankruptcy & Commercial Law Section “Clawing Your Way to the Top: Guide to Recent Ponzi Scheme Clawback Litigation,” Mark E. Andrews.

Legal Ethics Committee

DAYL Lawyers Promoting Diversity

THURSDAY, MARCH 7

Government Law Section “Federalism, Zoning & Chevron: A Discussion of the City of Arlington v. FCC ‘Shot Clock’ Case,” Jay Doegey. (MCLE 1.00)*

6:00 p.m. Home Project Committee

WEDNESDAY, MARCH 13

Judiciary Committee “The Modern Jury Trial – Voir Dire and the Use of Jury Consultants,” Hon. Barbara M.G. Lynn, Dr. Robert Gordon and Jason Bloom. (MCLE 1.00)*

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

Family Law Section Board Meeting

Noon

Admissions & Membership Committee

Family Law Section “How to Improve Your Results at Mediation,” Tom Noble. (MCLE 1.00)*

DAYL Freedom Run Committee

Bench Bar Conference Committee

St. Thomas More Society

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

Noon

FRIDAY, MARCH 8 Noon

March 2013

Friday Clinic-North Dallas**

11:30 a.m. House Committee Walk Through

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

THURSDAY, MARCH 14

information, contact cherieh@dayl.com.

Noon

CLE Committee

3:30 p.m. DBA Board of Directors Meeting

Publications Committee

FRIDAY, MARCH 22

Christian Lawyers Fellowship

Dallas Asian American Bar Association

6:00 p.m. J.L. Turner Legal Association

FRIDAY, MARCH 15 Noon

Friday Clinic-Belo “Litigation in Probate Courts,” Donna Yarborough.

(MCLE 1.00)*

MONDAY, MARCH 18

Noon

Intellectual Property Law Section “CLS Bank – Searching for Consensus on Computer Implemented Inventions and Section 101,” Jerry R. Selinger. (MCLE 1.00)*

DAYL CLE Committee

MONDAY, MARCH 25 Noon

Computer Law Section “Cybercrime - The Growing Threat to Your Client’s Business,” Richard Dorough and Robert Wallace.

(MCLE 1.00)*

Noon

Labor & Employment Law Section “Ethics Issues in Employment Law – Plaintiff’s and Defendant’s Perspective,” Karen Griffin, Ashley Tremain. (Ethics 1.00)*

Securities Section “More from Dodd-Frank: New Listing Rules for Compensation Committees and Advisers,” Richard A. Tulli. (MCLE 1.00)*

Senior Lawyers Committee

Golf Tournament Committee

DAYL Solo & Small Firm Committee

TUESDAY, MARCH 19 Noon

Antitrust & Trade Resolution Section “Current Issues in E-Discovery,” Matthew Baker, Everett Upshaw and Nicole Williams. (MCLE 1.00)*

TUESDAY, MARCH 26 Noon

Probate, Trust & Estate Section “Tax Law Update,” Phil Lindquist. (MCLE 1.00)*

International Law Section “Transfer of Utica Shale Technology to the World,” Philip D. Vasquez. (MCLE 1.00)*

Courthouse Committee

E-Mentoring Committee

Community Involvement Committee

American Immigration Lawyers Association

Summer Law Intern Program Committee

DAYL Aid to the Homeless Committee

DAYL Elder Law Committee

6:00 p.m. Dallas Hispanic Bar Association

Dallas Women Lawyers Association “Finance for Lawyers: A Primer on Reading and Interpreting Financial Statements for Your Clients.”

(MCLE 1.00)*

WEDNESDAY, MARCH 27

WEDNESDAY, MARCH 20 Noon

Energy Law Section Topic Not Yet Available

Health Law Section “Recent Developments and Emerging Trends: Antitrust, Accountable Care Organizations and Prompt Pay Litigation,” William L. Banowsky and William M. Katz, Jr. (MCLE 1.00)*

Pro Bono Activities Committee

Non-Profit Law Study Group

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

THURSDAY, MARCH 21 Noon

Appellate Law Section “Recent Developments in Statutory Interpretation Appeals,” Phil Durst. (MCLE 1.00)*

11:30 a.m. Dallas Bar Foundation Fellows Luncheon.

Recipient: Mike Baggett. Tickets $65. For more information contact ephilipp@dallasbar.org.

Noon

Sports & Entertainment Law Section “When The Band Gets Divorced: Mediating the Band Partnership Dispute,” Tamera Bennett.

(MCLE 1.00)*

DBA Community Service Fund Board Meeting

DAYL Equal Access to Justice Committee

DVAP New Lawyers Luncheon. Contact reedbrownc@lanwt.org for more information.

Municipal Justice Bar Association

5:00 p.m. DVAP Belo Legal Clinic. Volunteers needed. For information contact reed-brownc@lanwt.org.

THURSDAY, MARCH 28 Noon

Legal Ethics Committee “Joint Venturing Cases: Referrals, Multiple Firms and Splitting Fees— Benefits and Assorted Bugaboos,” James Pikl. (Ethics 1.00)*

Collaborative Law Section “Approaching Dispute Resolution in Uganda,” Bow Rawlings Onghetich. (MCLE 1.00)*

Criminal Law Section Topic Not Yet Available

Media Relations Committee

Minority Participation Committee

Environmental Law Section “Clean Air Act, CO2 Regulations, and the Budget,” Congressman Joe Barton. (MCLE 1.00)*

Christian Legal Society

Dallas Gay & Lesbian Bar Association

Transition to Law Practice Program “Everything the Beginning Lawyer Needs to Know About Clients: Selecting, Attracting, Maintaining and Firing Them.” (MCLE 1.00)*

DAYL Animal Welfare Committee

DAYL Lunch and Learn CLE. For more

FRIDAY, MARCH 29 DBA Offices Closed for Good Friday

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

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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D al l as Bar A ssoci ati on l Headnotes 3

11:21 AM

DIVORCE

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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

March 2013

Headnotes

President's Column

And Now to Rededicate . . .

By sally crawford

Since the DBA Inaugural on January 19, I have been gratified at the response of so many of you toward doing pro bono work. Some of you have indicated an interest in taking your first case and others of you are expanding your pro bono activities to include cases in areas of law that are new to you. Bravo to all of you who have accepted the challenge of providing legal services to someone who would otherwise be denied access to our legal system. Let’s keep up our efforts to increase pro bono work and decrease the number of people who need our help.

While it would be great if every lawyer fulfilled the State Bar’s aspirational goal of performing 50 hours of pro bono work each year, unless or until this goal is made mandatory it is not likely to happen.

But that does not mean our lawyers are not giving back to the community in other ways. Many lawyers prefer to provide services to the community and the profession in areas other than direct legal service, both through the bar association and otherwise. So if you are looking for an opportunity to give back, look no more—the Dallas Bar has volunteer opportunities for everyone.

There is not space in this column to describe all of the volunteer projects and programs available to DBA members but I would like to mention a few notable opportunities. The first one that comes to mind is the DBA Home Project. Over 20 years ago I was trying to convince a new associate to take a pro bono case. She resisted and said that she would like to volunteer for a project that did not involve the practice of law. I immediately suggested that she contact Rex Spivey, who was then heading up the DBA Home Project. Little did I know at that time that the Home Project would become the longest running, whole-house Habitat program in the Dallas area.

In 1989 the bar association started its now long-standing relationship with the Habitat for Humanity program. This spring the DBA will build its 22nd house. The Home Project was one of the first programs initiated by the bar’s Community Involvement Committee.

The committee was the brainchild of Al Ellis, who was president of the bar in 1990. The committee came up with the idea of bar members funding and building a Habitat home. But according to Al, not everyone thought attorneys would be interested in rolling up their sleeves and swinging a hammer, let alone contributing money to build an entire house. But Al and a few of his friends, including Rex and Stephanie Hughes, were determined to do something special and permanent for the community. Thus the Home Project began and has now become an institution of the Dallas Bar. Firms and individuals annually contribute to the cost of the home and dozens of lawyers, law firm staff and members of their families come out and actually build a home alongside of the new homeowners. It is pretty amazing when you think about it. If you have never participated in the Home Project, you should consider doing so. It is a great way to give back to the community and it is a lot of fun. You can find information about the project on the DBA website.

Another program that benefits members of the community, as well as the bar, is the Lawyer Referral Service (LRS). The LRS program is overseen by the LRS Committee. This program refers people who contact the bar looking for legal assistance to a lawyer qualified in the area of practice that the person needs. The LRS Committee is also working on a reduced fee program that would help address the need for legal services for the working poor. Lawyers who want to become a member of the LRS panel are required to demonstrate a certain level of expertise in the area in which they wish to receive referrals. They also must pay a fee and carry malpractice insurance covering their area of expertise. This program provides a tremendous service to the public and also to the bar. If you are interested in learning more about or becoming a member of the LRS panel, you can find information about the requirements and how to apply to be a

member of the panel online at www.dallasbar.org/dallas-lawyer-referral-service or by calling the LRS program assistant at the Dallas Bar. You can also get information about how to join the committee by contacting the bar.

If you are interested in a volunteer opportunity that directly benefits the profession, you might want to consider becoming a mentor in the Transition to Law Program. This program was conceived by Justice Douglas Lang of the Fifth District Court of Appeals. Justice Lang saw the need for young lawyers (especially those newly minted lawyers who are hanging out their own shingles) to be mentored by more seasoned lawyers. The program matches a young lawyer with an experienced lawyer who practices in the area in which the young lawyer is or wants to practice. The formal mentor relationship lasts for one year, during which the participants (both mentor and mentee) attend six CLE programs designed to teach the young lawyers the things that they might not have learned in law school about the practice of law. During the year the mentors and mentees are also encouraged to get together during the time between the CLE programs and talk about the profession. This gives the young lawyer an opportunity to get candid advice on issues he or she may be facing as a new lawyer. This program is in its sixth year and by all accounts has been very successful. It is a learning experience for both the mentors and the mentees. And while the program is designed to last only a year, in many instances the relationship established between the participants continues well beyond that first year. The program is in need of additional mentors. If you are interested in becoming a mentor, please contact Alicia Hernandez at ahernandez@dallasbar.org.

The DBA also offers a number of other mentoring programs designed to help DISD students. If you are interested in working with a DISD student or working on one of the DISD/bar association partner programs, you can contact Amy Smith at asmith@dallasbar.org.

The bar also sponsors annual school supply, clothing and food drives in which you may want to participate. Watch your monthly Headnotes and the DBA Online for information about these programs.

I want to highlight one more program that is designed to directly benefit members of the bar and that is the Peer Assistance Program organized by the Peer Assistance Committee. This program helps lawyers who are stressed, depressed, suffering from drug or alcohol abuse or mental illness to find needed resources to get help. The goal of the Peer Assistance Committee is to educate our legal community to the signs of depression, addiction and other mental illnesses and to provide information regarding resources where attorneys can get help, particularly through the Texas Lawyers’ Assistance Program (1-800-343-8527). As you may know, suicide is a growing problem in our profession. Many of you may have known a colleague who committed suicide due to depression or other illness or you may have been touched by a colleague who suffers from clinical depression, anxiety, substance abuse or other mental health issues. We owe it to each other to raise awareness of the signs of these problems and to educate ourselves on the resources available to help our fellow lawyers. These are issues which impact all of us and are of grave concern to both the Dallas Bar and the State Bar. Please watch for and attend the Peer Assistance Committee programs and let us know if you would like information about available resources or if you would like to participate on the committee.

The projects and volunteer opportunities mentioned above are just a few of the dozens of programs available to Dallas Bar members. While I would encourage everyone to do pro bono work, I respect the fact that many lawyers desire to spend their precious volunteer time doing something other than what they do every day for a living. Whatever your interests, I hope that each of you will rededicate yourselves to projects in which you are currently involved or will seek out a new opportunity to serve our commu HN nity and our profession.

GET READY FOR THE 2013 DBA 100 CLUB What is it? The Dallas Bar Association 100 Club is a special membership recognition category that reflects a commitment to the advancement of the legal profession and the betterment of the community.

How do you join? To qualify for the DBA 100 Club, there must be at least two or more attorneys in your Dallas office (firms, government agencies, or law schools) and all attorneys must be a member of the Dallas Bar Association. To become a 2013 DBA 100 Club member, please submit a list of all lawyers in your Dallas office to Kim Watson, kwatson@dallasbar.org. We will verify your list with our membership records and once approved, your firm will be added to the 2013 DBA 100 Club membership list!

What are the perks? Firms, government agencies, law schools with two or more lawyers as well as corporate legal departments that become a DBA 100 Club member will be listed in Headnotes and in the 2014 DBA Pictorial Directory, receive a Certificate of Appreciation as well as recognition at our Annual Meeting in November.

What is the cost to join the DBA 100 Club? It’s FREE! JOIN TODAY!

Play Golf and Support Pro Bono Save the date for the 21st Annual Pro Bono Golf Classic, benefitting the Dallas Volunteer Attorney Program.

Thursday, May 2, 2013 at Brookhaven Country Club TREAT YOUR CLIENTS TO A GAME OF GOLF! Registration includes a sleeve of golf balls, goody bag, lunch, on-course beverages, post-tournament reception and awards dinner. The tournament is a 4-person scramble format -- limited to the first 128 golfers. Plus, we have first-rate team awards for 16 teams, a raffle and other fun contests and games! Check-in and practice range open at 11 a.m. and shotgun start is at 1:00 p.m. A reception and awards dinner will follow the tournament at approximately 5:00 p.m.

Registration now available online at www.dallasbar.org.

For more information on sponsorships, contact Rhonda Thornton at rthornton@dallasbar.org.

Published by: DALLAS BAR ASSOCIATION 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: A. Shonn Brown (At-Large), Rob Crain (Chair), Wm. Frank Carroll, Hon. King Fifer (Judicial At-Large), Laura Benitez Geisler, Hon. Martin Hoffman, Michael K. Hurst (Vice Chair), 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, 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), 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, 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: Lea Dearing and Dawn Fowler 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.

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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.

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D al l as Bar A ssoci ati on l Headnotes 5

Health Law/Employee Benefits

Health Care Reform: Employer’s To Do List for 2013

by Rich Glass

Some areas of law are so pervasive that all attorneys should have a minimum level of knowledge. Examples include the First Amendment and Miranda. The latest entry on that short list arrived in 2010: the health care reform law known as the Affordable Care Act (ACA).

This year, the ACA is building to a crescendo that will hit a high note on January 1, 2014. It will affect employers of every size and every man, woman and child. During 2013, you may hear this question often: “What should I be doing about health care reform right now?” Here are some things to include in your answer: Make sure you are doing this.

Recent changes should already be in place: the additional 0.9 percent Medicare tax for wages over $200,000, Health FSA salary reduction contribution limit of $2,500 and W-2 health care coverage reporting (if the employer had 250 or more W-2s in the prior tax year). Major medical plans should also be providing a Summary of Benefits & Coverage, the ACA’s equivalent of the nutrition facts label.

Understand the exchange. The enrollment period for the affordable insurance exchange (AIE) starts on October 1, 2013. AIE coverage is available for individuals and small businesses with 100 or fewer employees.

Many states (like Texas) have opted for the federal government to run the AIE, now known as the Health Insurance Marketplace. Employers must send an informational notice in late 2013 to all

current employees and new hires.

Count to 50. Employers must determine if they have at least 50 full-time equivalents. If they do, they are subject to the play or pay employer penalty tax, starting in 2014. A full-time employee is any employee who works on average at least 30 hours per week.

Decide to play or pay. An employer subject to the penalty tax must offer essential health benefit coverage to its full-time employees or face the tax penalty. This coverage must provide minimum value and be reasonably affordable (typically, no more than 9.5 percent of wages).

Know who is full-time. Extensive regulations have been issued for determining full-time status for employees with variable work schedules. Employers have choices to make regarding measurement, administrative and stability periods.

Ensure some things end. Next year will signal the death of preexisting condition exclusions for medical plans, regardless of age. Also, lifetime and annual limits will be prohibited on essential health benefits.

Check those deductibles. Starting in 2014, individual and small group market health plans can impose deductibles that are no higher than $2,000 (single), $4,000 (family). For future years, the deductible limits will be indexed to inflation.

Get well. Wellness program incentives will be enhanced in 2014, increasing from 20 to 30 percent of coverage cost. The incentive can be up to 50 percent for tobacco cessation incentives.

Do not wait forever. For plan years starting in 2014, group health plan waiting periods cannot exceed 90 days.

Special rules exist for part-time and variable hour employees.

Prepare for the fees. The ACA has a high price tag, and 2014 will see employers and insurance carriers starting to pay the bill. Carriers must pay $1 per participant to pay for Patient-Centered Outcomes Research (PCOR).

PCOR fees are due from employers if they have an applicable self-insured medical plan. PCOR fees will increase to $2 the next year and then will be indexed for inflation until plan years ending before October 2019. Reinsurance fees will be due from carriers for 2014-2016, estimated to be $63 per covered life per year. Self-insured medical plans will be responsible for the fee. Carriers will also be subject to

an annual fee for covering U.S. health risks. The amount of the fee is not known as of this writing, but will be based on market share. Some $8 billion is expected to be raised in 2014 alone.

To the extent that a carrier pays a fee, the cost likely will flow downstream to employers and individuals.

Keep checking. A good resource for any lawyer is www.healthcare.gov. Its search engine works well, and you can find the law and all regulations.

The above list captures the highlights and is not a comprehensive summary.

Keep in mind that ACA’s official length is 974 pages (docs.house.gov/energycommerce/ppacacon.pdf). All of the ACA provisions that occur in 2014 will require HN careful planning in 2013.

Rich Glass is Chief Compliance Officer at Infinisource, Inc., a benefits and payroll TPA. He can be reached at rtglass@yahoo.com.

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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

March 2013

DBA Committee & Section Chairs: Celebrating & Rededicating On January 15, the chairs of the DBA Sections and Committees met at the Belo Mansion to attend the Chair Orientation Meeting, which gave the chairs, DBA Board of Directors and DBA staff the chance to become acquainted with one another and get ready for the new year. Each section and committee chair or vice-chair updated the group on their plans for 2013.

Though the roles of chair and vice-chair are timeconsuming, members of the DBA Committees and Sections prove that hard work not only benefits the community, but the legal profession, as well.

In following with President Crawford’s theme of rededicating and celebrating, the 39 Committees and 29 Sections of the DBA will sponsor more than 400 CLE programs annually (most of which are free with a DBA membership). In addition, they will mentor numerous school children and young lawyers and promote pro bono work and goodwill throughout the Dallas community.

We appreciate your hard work. Thank you for all that you do!

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

Health Law/Employee Benefits

Legal Obstacles to Care Coordination Remain

by Timothy Martin

CMS recently announced that providers across the country had formed 106 new Accountable Care Organizations (ACOs) under the Affordable Care Act’s (ACA’s) Medicare Shared Savings Program. ACOs allow participating providers to coordinate efforts to improve quality and lower costs. While this may have some beneficial impact on treating non-Medicare patients, many legal obstacles to care coordination in the population at large remain.

These obstacles include structural barriers that prevent providers from forming effective relationships, operational roadblocks that make it difficult for providers to carry out essential tasks, and contractual complexities that impede innovation.

The Institute of Medicine, in its 2001 book Crossing the Quality Chasm, recommended aligning provider incentives by rewarding providers for quality and cost improvements (gainsharing) and by basing payment more on episodes or ranges of care (bundled payment) than on fee-for-service methods.

Both the public and private sectors are experimenting with these payment and incentive systems. The ACA authorized the Bundled Payments for Care Improvement Initiative, the National Pilot Program on Payment Bundling and the Medicaid Bundled Payment Demonstration Project. Some fully integrated delivery systems such as Cox Health System in Missouri, Geisinger Health System in Pennsylvania and Spectrum Health in Michigan have experimented with these ideas.

Structural Issues

Stark prohibitions on physician selfreferral, anti-kickback prohibitions on

remuneration for patient referral, civilmonetary-penalty prohibitions against reducing medical services, and antitrust law create difficulties for providers who want to form the relationships required to achieve meaningful care coordination. CMS has granted a number of Stark, anti-kickback and civil-monetary-penalty waivers for ACOs, but these waivers apply primarily to treating only Medicare beneficiaries. 76 Fed. Reg. 67,991, Nov. 2, 2011.

In 2011, the Texas Legislature enacted Senate Bill 7, which allows Texas providers to form Health Care Collaboratives (HCCs). The law offers some antitrust protection to HCCs under the Parker doctrine and encourages them to develop ways to collaborate, improve quality, and adopt new payment models. Parker v. Brown, 317 U.S. 341 (1943).

Initially, the Office of the Inspector General (OIG) took a hard stand against gainsharing arrangements. But since then, the OIG has allowed some gainsharing arrangements to go forward so long as they are tied to strict quality standards.

In Texas, the Corporate-Practice-ofMedicine Doctrine prohibits certain transactions between licensed physicians and business entities, although there are some statutory exceptions. Further, risk shifting to providers may trigger state insurance licensure requirements.

tion that may delay payment for an episode of care beyond the limits of the statutory claims-payment period.

Similarly, Texas’s coordination-of-benefits law seems inherently incompatible with bundled payment. That law requires a secondary plan to determine its payment obligation based on the allowable expenses the primary plan did not pay. But if the primary plan is a bundled-payment arrangement, this may be impossible to determine.

Contractual Issues

Bundled-payment arrangements usually involve designating a particular provider, such as a hospital or physician group, as a general contractor in charge of dividing and distributing a lump-sum payment to subcontracting providers. This introduces a number of contractual complexities.

First, the parties must agree on some method that allocates the appropriate payment to subcontractors. This might involve basing payment on the number of visits to each subcontractor, or it may be a more sophisticated methodology based on relative-value units.

Second, any agreement must have dis-

pute-resolution procedures—and payors will usually require that general contractors indemnify them against any disputed payment amounts.

Third, an agreement must define minimum levels of service and quality standards providers must track and meet. That means the agreement should also address any penalties for noncompliance.

Fourth, the providers, and perhaps the payor, must agree on how to adjust payment when beneficiaries receive services from non-participating providers.

And finally, the parties must agree on what happens when a patient changes or loses coverage in the middle of an episode of care.

Conclusion

Legal obstacles to innovation in care coordination persist, but many providers continue to push forward. In this challenging environment, it is imperative that providers carefully consider how they interact with laws based HN on fee-for-service ideas.

Timothy Martin, Vice President in the B2B and Payor Technologies division of MedAssets, may be reached at tmartin@medassets.com.

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Because the healthcare system has traditionally relied on fee-for-service payment, some laws, such as Texas’s promptpay law, rely on a definition of a claim that may be at odds with bundled-payment concepts. For example, the Prometheus bundled-payment system relies on severity adjustments and retrospective reconcilia-

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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

March 2013

Judicial Profile: Justice Douglas S. Lang fraternity and Chaired the Student the challenge presented by the cases Union Committee of the student gov- on which he worked, and by the process of weaving through Justice Douglas S. Lang was born ernment. complex facts, finding Justice Lang attended in St. Louis, Missouri. He grew up in and applying the correct Minneapolis, Minnesota, Des Moines, law school at the Unilaw and thereby properly Iowa, St. Louis and Westfield, New versity of Missouri. He resolving the underlyJersey, before finally moving back to planned to become a tax ing disputes. At this early St. Louis when he was about 18. He lawyer, and was accepted stage of his career, Justice returned to Des Moines for college, to the LLM program at Lang decided that he ultireceiving a bachelor’s of business Boston University, when mately wanted to be an administration from Drake Univer- fate intervened and he appellate judge. sity. Justice Lang attended college on received an offer to clerk Justice Lang decided an athletic scholarship, lettering in for Justice Fred Henley that he would need sigwrestling and football . As a senior, of the Missouri Supreme nificant trial experience he received the “Bill Boelter Award,” Court. It took Justice Lang to fulfill his ultimate goal, given to the outstanding senior ath- exactly three weeks of and at the urging of a law lete accepted for graduate study. Start- clerking for Justice Hen- Justice Douglas S. Lang school professor who had ing a trend that would continue in ley to decide that tax law spades in his professional life, Justice was not in his future, but appellate law significant ties to Dallas, decided to Lang served as Vice-President of his might be. He became fascinated by move to Dallas to practice law. That same year, 1973, Justice Lang married his wife, Martha, with whom he has three grown sons (and five grandchildren). He settled into practice in Dallas, trying cases and prosecuting appeals in complex commercial cases for the next 29 years. In 2002, Justice Lang was appointed to the Court Help high school students receive “real world” experience by of Appeals, and he has since been reelected three times. interviewing them for the 2013 Summer Law Intern Program.

As much as Justice Lang has conUp to four students are interviewed at each tributed through his practice and his work on the bench, one could argue Dallas ISD high school (a 2 – 2 ½ hour process). that his greatest contributions have been found through his participation in a variety of civic activities, as well Dates/Times: April 9, 10, & 11 ~ 1:30 p.m. as his tireless and passionate campaign Exact location and Interview materials to be assigned. for the mentoring of young lawyers and for civility and ethics in the legal profession. His participation in bar and For more information, please contact Amy Smith: community activities has been endless and he has served as the leader of most asmith@dallasbar.org organizations of which he has been a (214) 220-7484 part. Justice Lang is a founding member of the Mac Taylor Inn of Court, www.dallasbar.org/summerlawinternprogram of which he has been a member since 1991, and he also serves as Secretary

by Susan M. Halpern

Interviewers Needed

and a member of the Board of Trustees of the American Inns of Court Foundation. He is a past President of the Dallas Association of Young Lawyers and the Dallas Bar Association, and was a driving force behind the establishment of the Dallas Bar Association’s Transition to Law Practice mentoring program for beginning lawyers.

Justice Lang’s belief in the importance of mentoring led him to author Deeds, Not Words—Mentors As Guiding Lights of Integrity In The Legal Profession (Dallas Bar Foundation, Dallas, First Edition 2007, Second Edition 2009), a compilation of mentoring experiences recounted to him by a variety of bar leaders and successful attorneys. Justice Lang firmly believes in the importance of early indoctrination to the principles of professionalism, which led him to author an article entitled “The Role of Law Professors: A Critical Force in Shaping Integrity and Professionalism,” 42 South Texas Law Review 509, Spring 2001. Justice Lang is a tireless crusader for professionalism, a frequent speaker on ethics and civility, and has mentored countless young attorneys in his 40 year career. That tradition started with young associates with whom he worked in private practice and has continued with his law clerks for the past decade.

Justice Lang arrives at work each day before 7:30 a.m., as has been his practice throughout his career. He continues to be fascinated by the seemingly simple task of learning the facts, applying the law and reaching the correct result which, in reality, is a difficult and complex process. He is endlessly devoted to his family, and is an example to all of the professionalism about HN which he frequently speaks.

Susan M. Halpern is a partner at The Halpern Law Firm PLLC. She can be reached at shalpern@shalpernlaw.com.

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

Health Law/Employee Benefits

Inherited IRAs in Texas & Creditors’ Rights

by Karen Suhre and Cecil A. Ray Jr.

When creditors’ rights, bankruptcy law and retirement plan tax rules collide, confusion often ensues. Recently, that occurred when creditors claimed recovery from debtors’ “inherited IRAs.” Individual Retirement Accounts (IRAs) are trusts or custodial accounts with financial institutions which comply with Internal Revenue Code (IRC) requirements governing operation, investments, distributions and contributions. IRAs were added to the IRC in 1974 by the Employee Retirement Income Security Act (ERISA). Several types of IRAs have evolved over time, each with special features too complex to detail here, but undistributed investment earnings in all types of IRAs are exempt from current federal income tax.

At the IRA owner’s death, any remaining funds pass to the owner’s beneficiaries. Like other types of taxadvantaged retirement plans, IRAs are intended primarily to provide retirement payments to the owner and his or her spouse, and only incidentally payments to beneficiaries. In most cases, tax penalties encourage the IRA owner not to take withdrawals until after age 59-1/2, and minimum required distribution (MRD) rules limit the deferral of withdrawals after 70-1/2 and/or death.

The IRC has long allowed a beneficiary who is the surviving spouse to elect to treat funds in the decedent’s IRA, or rollovers from certain employer sponsored plans, as the spouse’s own IRA (with MRD commencement and tax penalties keyed to the spouse’s age and

additional contributions by the spouse allowed). A non-spouse can also be the beneficiary of an IRA (and, starting in 2007, may be able to “rollover” benefits from certain employer-sponsored retirement plans into an “inherited IRA”) but does not have the option to treat the IRA as his own retirement account, often resulting in payout commencing before the beneficiary’s retirement age.

Although IRAs can be “inherited” by a spouse or others, the IRC confusingly defines “inherited IRAs” to exclude IRAs “inherited” by a spouse.

Patterson v. Shumate, 504 U.S. 753 (1992), held that ERISA exempts many employer-sponsored retirement plans from creditors’ claims in bankruptcy cases, but most IRAs are not covered by that provision of ERISA. In Texas, selfsettled retirement accounts, including “Keogh” plans and most IRAs, failed to obtain protection as “spendthrift trusts” under Texas trust law. To protect the retirement savings of Texas residents, in 1987, IRAs and certain other taxfavored retirement accounts were designated as exempt property by Section 42.0021 of the Texas Property Code. In 2005, Section 42.0021 was amended to expand the classes of exempt IRAs to include “Roth IRAs” among other things, but no specific reference was made to “inherited IRAs.” A comprehensive exemption for IRAs and certain other tax-favored retirement accounts is also found in Sections 522(b)(3)(C) and 522(d)(12) of the Bankruptcy Code, as amended in 2005, exempting “retirement funds” in “a fund or account that is exempt from taxation” under various enumerated provisions of federal tax law, includ-

ing IRC Sections 408 and 408A, the operative tax exemption provisions for “regular” and Roth IRAs, respectively.

However, the 2005 Bankruptcy Code amendments, like the Texas Property Code, did not explicitly refer to “inherited IRAs.” Around the beginning of this century, creditors began to challenge the exemption of “inherited IRAs” in Texas and other states with fair success, particularly focusing on the more limited tax benefits given to IRAs inherited by non-spouse beneficiaries as a rationale for denying the exemption. By 2010, at least two bankruptcy courts in Texas had ruled that such inherited IRAs were not exempt property.

The battle to save inherited IRAs from creditors in Texas proceeded on two fronts. In 2011, the Texas legislature amended Section 42.0021 of the Texas Property Code to add an explicit reference to “inherited IRAs” to the list of exempt retirement accounts, and

to clarify that other exempt retirement accounts received by reason of death continue to be exempt. In the meantime, a Texas bankruptcy case involving an IRA inherited from the debtor’s mother worked its way up to the Fifth Circuit. In Re Chilton, 674 F. 3d 486 (5th Cir. 2012) held that “inherited IRAs” were exempt under Bankruptcy Code Section 522(d)(12), reasoning that “retirement funds” set aside in an IRA for the benefit of a decedent did not lose their “retirement” character even when passed to a non-spouse beneficiary, and that investment earnings in an inherited IRA remain exempt from taxation under IRC Section 408.

For now, inherited IRAs appear to be safe from creditors in Texas, so long as the accounts continue to comply with applicable tax requirements. HN Cecil A. Ray, Jr. is a solo practitioner, and may be reached at buzz3@earthlink.net. Karen Suhre is a solo practitioner and may be reached at ksuhre@erisatexas.com

Mark Your Calendars

Mental Health & Mental Illness Resources CLE Friday, March 8, noon-2:30 p.m. at Belo MCLE 2.50 Speakers: Judges Michael E. Miller, John Peyton and Brenda Hull Thompson, moderator Presented by DVAP, the DBA Probate, Trust & Estate Section and Dallas County Probate Courts For registration, or more information, contact reed-brownc@lanwt.org.

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

March 2013

Column Business of Law

“Rainmaking” 201: Part Three—Rainmaking and Women Lawyers

By Mary Louise Hopson

Young women lawyers today have an entirely different experience than their predecessors of even 40 years ago. Surrounded by women lawyers, with no scarcity of successful role models, they may be surprised to know that, back then, women found it difficult to find employment as lawyers.

In 1969, there were only 150 women lawyers in Dallas, and, across the country, only 6.9 % of law students were women.

But by 1979, women made up 31.4% of the law students across the country.

Things were also changing here in Dallas. In 1984, pioneering women lawyers, who had been meeting informally for years, formed The Dallas Women Lawyers Association. In the ensuing years, these women spearheaded the formation of networking groups and helped to effect change so that women could advance their legal careers. Women now represent 47 percent of current enrollment in Texas law schools, mirroring national statistics, and comprise 30 percent of the lawyers and 17.6 percent of the partners at Texas’s largest law firms.

A lawyer since 1970, Harriet Miers remembers those early days. Ms. Miers began her career at a predecessor firm of Locke Lord LLP after a two-year judicial clerkship. Selected as last year’s recipient of the Morris Harrell Professionalism Award from the DBA and Texas Center for Legal Ethics and Professionalism, she has achieved many “firsts” in her practice: First woman lawyer at her firm, first woman to become president of the DBA in 1985, first woman to become president of her firm in 1996 (and then co-managing partner after a merger in 1999), and

first woman to become president of the State Bar of Texas in 1992. After a stint with President George W. Bush’s administration, she returned to Locke Lord in 2007, where she practices in the litigation and public policy sections.

Ms. Miers feels that success in business development requires gaining a reputation for being trustworthy and effective, getting to know clients well and understanding and caring about their needs and their business—all qualities equally valued in both men and women lawyers. She added that law firms should emphasize, as part of their culture, well-organized efforts to support and enhance the success of women and minority lawyers.

“Locke Lord has specific initiatives to encourage that both women and minorities are recruited, hired, promoted and retained,” she said. “Expanding business development activities and success is a critical part of both of these initiatives.”

Having business already and doing an excellent job of representing existing clients are proven staples of acquiring more business, Ms. Miers said. But remembering women with the right expertise for new client proposals and existing client teams can provide an extra push for business development efforts.

“Women lawyers should be encouraged to actively seek introductions to potential clients they would like to represent,” she added. “Enthusiastic introductions provide exposure that frequently can result in new business. Women lawyers, like all lawyers, can benefit from resources devoted to assisting them in identifying possible new clients, preparing effective materials to present their capabilities, enabling their participation in networking or professional groups pertinent to

their areas of expertise and skills development and ensuring necessary backup to do an excellent job when they are hired.”

Ms. Miers added that encouraging women lawyers to develop and execute a plan that includes these aspects will instill beneficial discipline for business development efforts. She also feels that inter-firm referrals are another way for lawyers to increase their business, so remembering women lawyers for cross referrals is very important.

Ms. Miers is very proud of the women in her firm, who help make up the one third of the DBA membership who are women. “Their energy and effectiveness make me feel confident in the future of women lawyers,” she said.

Readers of our three-part series on rainmaking will note there are different opinions about what makes a good rainmaker. While much depends on individ-

ual style and one’s particular area of practice, some similarities in the way these lawyers approach business development arise.

At the top of the list are being a good lawyer, giving excellent client service and communicating effectively. Next: A care and genuine concern for the clients and their needs, and a willingness to put aside personal convenience at times to deliver top-quality legal services. And, last but not least, helping other attorneys move up the ladder of success, enhancing the overall suc HN cess of one’s firm or company.

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 met and worked with many pioneering women lawyers. She has known Harriet Miers since the mid-1980s, when they worked together on a committee to plan the ABA Section of Litigation Annual Meeting in Dallas.

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Focus

Dal l as Bar A ssoci ati on l Headnotes 11

Health Law/Employee Benefits

Compensation Arrangement Drafters: Beware of IRC Section 409A

by Corey Slagle and Eric Winwood

Incredulity is a common reaction of attorneys (and their clients) who encounter Section 409A of the Internal Revenue Code—“That can’t be right!” “Why does the IRS care?”

409A is the regulatory response to perceived compensation abuses that occurred at Enron. However, 409A regulates far more than the programs that were at issue in Enron. The 600 pages (and counting) of 409A guidance impact, for example, employment agreements, stock options, commissions and reimbursement policies of large and small companies alike.

409A compliance is not easy.

Not only must the written terms of a deferred compensation arrangement satisfy 409A, but the arrangement must also be operated in compliance with those rules. And 409A violations impose significant harm on employees. Penalties include accelerated federal income taxation, plus a 20 percent excise tax and interest charges (some states have similar penalties).

Identifying all potential 409A errors is beyond the scope of this article. However, below are three regularly seen drafting errors.

Releases

Your friend has been hired by a start-up company. For peace of mind, the start-up offers her a severance package if she is involuntarily terminated.

Upon such a termination, your friend will receive continued salary payments as severance for three years. However, the start-up insists that severance will only commence if your friend signs a

release of claims at termination (i.e., in return for severance, your friend agrees not to sue the start-up). While this arrangement seems reasonable, there is a 409A issue lurking.

Employee discretion, whether or not exercised, to control the time of payment is antithetical to 409A. When severance is dependent upon signing a release, an employee hypothetically has control over the timing of the severance. If the employee is terminated in December, for example, the employee could wait until the following January to sign the release, thereby delaying the start of severance and deferring the tax on the first few payments into the following year.

This issue is not merely academic, in that, IRS guidance has addressed the subject on a couple of occasions.

This arrangement should be drafted in a manner that eliminates employee discretion to affect timing of the severance. For example, provide that severance commences on a fixed date (e.g., 60 days after termination), but only if the release is effective as of that date. Or provide that if the window for returning the release straddles the end of one year and the beginning of another, payment will begin in the second year regardless of when the release is signed.

Reimbursements

Your school district client agrees to reimburse teachers for personal expenses incurred while chaperoning school trips. The school limits reimbursements to $500 per school year.

Could 409A be a stumbling block?

Yes, because the IRS has concluded

that certain reimbursements could hypothetically be used to disguise deferred compensation. As a result, reimbursements are addressed in 409A guidance.

Compliance requires (i) clearly describing the reimbursable expenses, (ii) fixing the period in which the expenses can be incurred, (iii) reimbursing by the end of the year following the year in which the expense is incurred, (iv) refraining from cashing out the reimbursement right and (v) precluding the amount of one year’s reimbursements from affecting the amount in another year.

The problem with the school’s proposal is the $500 limit. If the school year is not a calendar year, the amount of reimbursable expenses incurred in the first calendar year will limit the reimbursable expenses in the second year. Consider drafting the $500 limit as two component limits—$250 during the first and $250 in the second calendar year (of the school year).

Replacements

Your client is acquiring a company

and wants to replace the company’s existing employment contracts with new contracts that match your client’s regular form of employment agreement.

Replacing the contracts could cause a 409A violation. Once an arrangement establishes how deferred compensation payments will be made, 409A severely limits the ability to make any changes to the time or form of those payments. For example, if the old contracts provide severance in the form of three years of continued salary, the new contract could not provide severance as a lump-sum payment at termination. Doing so would violate 409A’s prohibitions on accelerating the time of payment.

Practitioners should be take particular care when varying the time and form of payment of pre-existing compensation rights whenever an old HN arrangement is replaced.

Corey Slagle is an employee benefits associate at Bryan Cave, LLP, and can be reached at corey.slagle@gmail.com.

Eric Winwood is an employee benefits partner at Baker Botts, LLP, and can be reached at eric.winwood@bakerbotts.com.

Professionalism Tip Don’t use a form you don’t understand: it’s like taking a pill without knowing the side effects. It might kind of work, but even it does there can still be unpleasant surprises.

Provided by the DBA Legal Ethics Committee

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

March 2013

Defining the Perimeters of the No-Contact Rule

by Ashley E. Tremain

The “no contact” rule is one of the most misunderstood rules governing the practicing litigator. The source of the rule is Texas Disciplinary Rule of Professional Conduct 4.02, which prohibits contact with represented parties.

Rule 4.02 is enforced by the State Bar of Texas—it is not a rule of civil procedure. There should be no difference in the application of Rule 4.02 between state and federal courts. In fact, the Northern District of Texas specifically defines “unethical behavior” warranting disciplinary action as conduct “that violates the Texas Disciplinary Rules of Professional Conduct.”

When an attorney represents a corporate or governmental entity, some individuals are automatically “represented” as a result. Those individuals may not be contacted by opposing counsel. Section (c) of Rule 4.02 clearly defines the individuals that are considered “represented,” and therefore offlimits: (1) those persons presently having a managerial responsibility…that relates to the subject of the representation, or (2) those persons presently employed…and whose act or omission in connection with the subject of repre-

sentation may make the organization or entity of government vicariously liable for such act or omission.

While section (c)(2) is expressly limited to “employees,” section (c)(1) arguably includes non-employees such as partners, board members and contractors—so long as they have “managerial responsibility…that relates to the subject of the representation.” The second qualification is important—the mere possession of “managerial authority” does not bring an individual within the scope of the rule. The authority must “relate to the subject of the representation.” For example: a custodial manager who saw the CFO assault the V.P. of Sales does not have managerial authority “that relates to the subject of the representation,” and may be contacted by opposing counsel.

All former employees, as well as individuals “presently employed…whose conduct is not a matter at issue but who might possess knowledge concerning the matter at issue,” are expressly excluded from coverage. See Comment 4, Tex. Disc. R. Prof. Cond. 4.02.

Many practitioners equate the perimeters of the “no contact” rule with the “control group” test. The “control group” test is used to determine who is a “representative of the client” for

purposes of determining whether the attorney-client privilege applies. As an initial matter, the Texas Supreme Court abandoned the “control group test” long ago. More importantly, this is not the test to determine who is “represented” under Rule 4.02.

If, however, an attorney learns privileged information through communication with a witness not covered under Rule 4.02, he or she may be disqualified from the case—even if Rule 4.02 was not violated. As a best practice, attorneys communicating with witnesses exempted from Rule 4.02 should ensure that they do not request potentially privileged information, and remind witnesses not to disclose such information. Certain witnesses, due to their former positions with the entity, are particularly likely to have information protected by Rule 503. Particular caution should be exercised in attempts to communicate with these witnesses.

Attorneys representing corporate or governmental entities should also observe some “best practices” surrounding Rule 4.02. First, attempts to represent all current employees will expose the attorney to disqualification under Rule 1.06 (Conflicts of Interest), and should be avoided. Many employees are likely to have interests that are

“materially and directly adverse” to the interests of the represented entity— particularly if there is any possibility that the employee will testify against the entity.

Second, entities should refrain from prohibiting communications between employees and an individual who has sued the entity. This exposes the entity to claims under the NLRA (making it unlawful to interfere with employees’ rights to engage in concerted activities for the purpose of mutual aid or protection). The NLRA is not limited to unionized entities, and it protects communications with former employees.

Corporate counsel should tread lightly with attempts to restrict communication between employees and opposing counsel.

The “no contact” rule is designed to protect corporate and governmental entities from undue interference with the attorney-client relationship, and to facilitate efficient discovery from unrepresented fact witnesses. A clear understanding of what is—and is not—prohibited by this rule is essential for effective HN discovery practice in Texas.

Ashley Tremain is Associate Counsel at Kilgore & Kilgore PLLC. She focuses on employment litigation and pre-litigation employment negotiations and can be reached at aet@kilgorelaw.com.

SAVE THE DATE!

JAMES RUDD— THANK YOU FOR 27 YEARS OF SERVICE TO THE LRS PANEL!

DVAP’s Finest Jan Sullivan

Jan Sullivan is a General Attorney at AT&T supporting AT&T’s innovation centers called Foundry. Last year she served as Co-Chair for AT&T’s Southwest Region Pro Bono Program. This year, she is Co-Chair of AT&T’s National Pro Bono Program. In addition to the seven family law and wills cases she has handled in the past two years, Jan counsels DVAP clients at local intake clinics. She also helps to organize DVAP training sessions at AT&T’s headquarters and AT&T Night at the clinics, encouraging her AT&T colleagues to engage. “We AT&T lawyers are fortunate to work for a company that not only supports but also promotes pro bono work,” Jan says. “It’s hard enough to keep up with our jobs, our families and our friends that spending a few hours a month to help a stranger may seem unworkable. Somehow, we manage to push a little on the calendar and find the time. I’m reminded every time I talk to a client how much those few hours mean to that individual. I am honored to be able to help.” Thank you for all you do, Jan!

Pro Bono: It’s Like Billable Hours for Your Soul.

To volunteer or make a donation, call 214/748-1234, x2243.

James T. Rudd, a 1961 graduate of SMU Dedman School of Law, joined the Dallas Bar Association in 1986 and immediately became part of the DBA’s Lawyer Referral Service. He is a solo practitioner at the Law Office of James T. Rudd, where he practiced Corporate Law, Family Law, Personal Injury and Probate. After 27 years of service, Mr. Rudd is retiring from the LRS. We appreciate your continued service and thank you for all you have done for the DBA’s Lawyer Referral Service, James!

For the Dallas Minority Attorney Program CLE April 12, 2013 For more information, contact ahernandez@dallasbar.org.

CHECK OUT THE DBA ACTIVITIES CELEBRATING THE

DALLAS ARTS DISTRICT THIS MONTH! www.dallasbar.org

Marc h 2 0 1 3

Dal l as Bar A ssoci ati on l Headnotes 13

Collecting on Your Judgment

By Jacob Kring

An attorney just won at the trial court and the judgment has been signed.

Now it’s time to turn that judgment into money.

Do not wait until appeal deadlines run to take action. Unlike requesting a writ of execution, it is unnecessary to wait for appeal deadlines to expire before filing an application for a postjudgment writ of garnishment or an application for a post-judgment turnover order. A diligent attorney will pursue both remedies as quickly as possible, especially in instances where funds can be transferred at the click of a mouse.

Both an application for a post-judgment writ of garnishment and an application for post-judgment turnover order may be issued ex parte. In Dallas County, the clerk’s office will issue the post-judgment writ of garnishment. An application for turnover order, however, will need to be presented to the court before the clerk’s office will issue the turnover writ.

Properly advise client of risks. The

attorney should conduct a thorough search of both assets and encumbrances of the judgment-debtor. The search for encumbrances should include a search for UCC filings. It is important for a judgment-creditor to know that it may garnish an account with millions in it or have property seized that, if unencumbered, would fully satisfy the judgment, but the judgment-creditor may not see a penny if another entity maintains a prior perfected lien. Furthermore, in the event an account is garnished that does not have any funds in it, the judgment creditor will be responsible for paying any attorneys’ fees incurred by the bank in responding to the application for writ of garnishment. If a constable or sheriff seizes property for execution, the property will need to be transferred and stored prior to its sale. The judgment-creditor will be responsible for paying any towing and storage fees that are not satisfied by the sale of the property. Therefore, a judgment-creditor should be careful to ask a constable to seize property that will be expensive to store (large prop-

erty that is not easily moved), property with little value, or property that likely has a prior perfected lien on it.

Utilize the procedures available. As a matter of course, an attorney should always obtain a writ of execution and abstract of judgment to be filed in the county where the judgment debtor maintains any real property, including oil and gas interests. Both a writ of execution and an abstract of judgment are inexpensive means to get a judgment-creditor paid. Dallas County offers a simple one page “Post-Judgment Request Form” to be used when applying for an abstract of judgment or a writ of execution.

Another effective procedure available to a judgment-creditor is a turnover order. A turnover order is appropriate for property that cannot be readily attached or levied by a writ of execution or some other legal process. Most physical property can be levied upon by a writ of execution. Typical types of property subject to a turnover order are accounts receivable, payments to be made pursu-

ant to a promissory note, or shares of stock in a corporation.

With respect to ownership interests in a limited liability company, limited partnership or limited liability partnership, a judgment-creditor will only be able to obtain a charging order on ownership interests held by a judgmentdebtor. A charging-order places a lien on the ownership interest and is a relatively ineffective mechanism to collect on a judgment. A charging order only allows a judgment-creditor to receive distributions made from the entity that would otherwise have been made to the judgment-debtor. A charging order is ineffective because it does not allow a judgment-creditor any control over the entity and a savvy judgment-debtor, still in control of a particular entity, will likely choose to not make a distribution HN under the circumstances.

Jacob B. Kring is a business litigation trial attorney at The Kring Law Firm, PLLC and he serves as treasurer of the Franchise & Distribution Law Section. He can be reached at jacob.kring@kringlawfirm.com.

BELO LEGAL CLINIC Wednesday, March 27 ~ From 5 to 9 p.m.

At the Belo Mansion VOLUNTEERS NEEDED! Attorneys are needed (at 6:30 p.m.) to provide legal advice to those who cannot afford an attorney. Support volunteers are also needed (at 5:30 p.m.) to help coordinate the legal clinic.

Mentor-attorneys will be available to assist.

Sponsored by the DVAP, a joint project of the Dallas Bar Association and Legal Aid of NorthWest Texas.

To volunteer, contact Chris Reed-Brown, at (214) 243-2243 or reed-brownc@lanwt.org.

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

In the News

March 2013

March

FROM THE DAIS

Barry Barnett, of Susman Godfrey L.L.P., gave a speech on “Trying a Class Action” at the Harvard Club of New York City.

Christopher J. Volkmer, of Volkmer Reid Law Firm PLLC, was a panelist at the UT Cybersecurity for the Securities Lawyer at the UT 35th Annual Conference on Securities Regulation and Business Law.

KUDOS

Joseph Nelson, of Looper Reed & McGraw, has been named Shareholder.

Jorge Gutierrez, of the firm, has become Board Certified in Oil, Gas & Mineral

Law by the Texas Board of Legal Specialization; Chris Harris has become Board Certified in Tax Law by the Texas Board of Legal Specialization; Ashley Johnston and Joseph Nelson have become Board Certified in Health Law by the Texas Board of Legal Specialization.

Julie M. Nickols, and Micah Skidmore, of Haynes and Boone, LLP, have been named Partners.

Shawn McCaskill, of Godwin Lewis PC, has earned Board Certification in Civil Appellate Law from the Texas Board of Legal Specialization.

Britnee Reamy and Chad Walker, of Fish & Richardson, have been promoted to Principals.

Earl “Chip” Jones, III, of Littler Mendelson, P.C., has been appointed Managing Shareholder.

Brack Bryant, Keenan L. Kolendo,

‘BAR NONE’ AUDITIONS Tuesday, April 2 ~ 5:30 to 7 p.m. ~ Belo Mansion Auditions for Bar None XXVIII: Downton Atty’y, will take place April 2 in the Hughes & Luce ballroom at the Belo! All who audition will be cast. The Bar None show, to be held at the Greer Garson Theater June 12-15, benefits the Sarah T. Hughes Diversity Scholarships.

Questions? Contact Bar None’s Director, Martha Hardwick Hofmeister, at (214) 780-1400 or mhofmeister@shacklaw.net.

Rebecca Tillery, of KoonsFuller, has become Board Certified in Family Law by the Texas Board of Legal Specialization.

Michelle Hartmann, of Weil, Gotshal & Manges LLP, has been chosen president of the Dallas Women Lawyers Association (DWLA). Margaret Allen and Angela Zambrano, of the firm, serve on the DWLA board. Kelly McDonald has been selected vice chair of the Turnaround Management Association NextGen Committee.

Kathryn J. Murphy, of Goranson Bain, PLLC, received the Annette Stewart Inn of Court, Serjeant of the Inn Award.

Monica Latin, of Carrington Coleman, has received Certification in Civil Appellate Law from the Texas Board of Legal Specialization.

Lawrence R Jones, Jr., of Townsend & Jones, L.L.P., has been elected as a Fellow to the American College of Tax Counsel.

Rory Nerenberg, of Condon Thornton Sladek Harrell PLLC, has been promoted to Partner.

Natalie Butler, of Hermes Sargent Bates, LLP received the prestigious Pegasus Scholarship from The American Inns of Court. The program sends two attorneys

to London each year.

William Frank Carroll, of Cox Smith Matthews, Inc., has been recognized by the Texas Board of Legal Specialization with the Tom Garner Award.

MOVE

Matthew Harper has joined SNR Denton as a Partner in the Intellectual Property and Technology practice in the Dallas office.

Christopher Baker has joined Wick Phillips as Associate.

Jonathan C. Wilson has joined Littler Mendelson, P.C. as Shareholder.

Kate Landrum has joined Winstead PC as Staff Attorney.

Retired Justice Joseph B. Morris has joined Hankinson LLP as Of Counsel.

George A. Snell III has joined the Houston firm of Steptoe & Johnson PLLC. John Patton and Megan Dredla Hoyt have formed Patton Hoyt LLP, located at 100 Crescent Court, Suite 700, Dallas, Texas 75201.

James A. Deets has joined Compensation & Benefit Solutions, LLC as a Director.

John Mitchell has joined Baker & McKenzie, LLP as a Partner.

News items regarding current members of the Dallas Bar Association are included in Headnotes as space permits. Please send your announcements to Judi Smalling at jsmalling@dallasbar.org.

. . . . . . DBA In the News . . . . . .

During the past few months, your DBA has been highlighted in the following media:

Dallas Business Journal: Al Ellis Receives MLK Justice Award, DVAP Campaign Raises $834,000 Dallas Examiner: DVAP Monthly Legal Clinics Dallas Morning News: Al Ellis Receives MLK Justice Award, DBF Sarah T. Hughes Diversity Scholarship program, MLK Luncheon JRFRIM_Ad2012.indd 1

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Digital Journal: Rob Crain Elected DBA Chair OpenPR.com: Al Ellis Receives MLK Justice Award, DVAP Campaign Raises $834,000 PRlog.com: DVAP Campaign Raises $834,000 Statebarnewsclips.com: DBF Sarah T. Hughes Diversity Scholarship program Texas LawBook: DVAP Campaign Raises $830,000, DBA Home Project, Al Ellis Receives MLK Justice Award

Marc h 2 0 1 3

Classifieds

Dal l as Bar A ssoci ati on l Headnotes 15

March

EXPERT WITNESS

Drug/Alcohol Expert - Pharmacy Professor; 33 years experience consulting, teaching, researching prescription, illegal, overthe-counter drugs, alcohol, drug testing.

Trial and deposition experience specializing in drug-related domestic, civil, criminal cases. Reviews, summaries, depositions, discovery, trials. Allison Welder, Ph.D. (361) 542-5636; allisonannewelder@yahoo.com; www.welderconsulting.com.

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.

OFFICE SPACE

Free Rent/Class “A” Professional Office Space For Lease. Crown Plaza is a multitenant professional office complex with superior access to the entire Metroplex. Move in ready suites available. Spaces ranging from 691 Sq.Ft. up to 7,000 Sq.Ft.. Monthly rents starting at $850/month. 1 month of free rent for each year of the lease (3yr min). Contact: Justin Smith / 214.207.7173 or jsmith@txreproperties.com.

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 highspeed Internet. Call (214) 365-9000 ext.

307 or email mike@mcculloughmediation. com.

Downtown Dallas Office available, located in the historic KATY Building directly across from the Dallas County Courthouses.

DESTRUCTION

Receptionist, phone system, conference room, wifi, fax and copier available for tenants use. No lease required. Please inquire at (214)748-1948.

Professional office suites for lease in Uptown State Thomas area. Restored Victorian home circa 1885 with hardwood floors throughout. Shared conference room.

2619 Hibernia St/Boll. 1 block from McKinney Avenue. Lawyers preferred. $700 $800/month. Includes phone & internet.

Phone (214) 987-8240.

North Dallas attorneys subleasing two offices: 12’ x 12’, three windows, $1200/m and 16’ x 12’, four windows, $1300/m. Tollway location includes conference room, copier, fax, phone, postage, kitchen, and receptionist. Free parking. Contact Kari Bohach: kbohach@birdskibell.com or (214) 750-6300.

High Five (635 & 75) office space within law firm. 12770 Coit Road. Window office with interior office for support staff. Access to small conference room. Phones, copier, fax and internet available. No lease required. $750 monthly. Call (214) 340-7788.

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.

Lease or purchase condo offices in Preston Tower. Near Dallas North Tollway @ Northwest Highway. Shared amenities (kitchen, conference room, reception area, bathroom). 10 minutes from courthouse. Call (214) 369-1171 or email herbhooks@aol.com.

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

Goranson Bain is looking for an exceptional associate with 3+ years of recent family law experience for their Plano office.

Competitive compensation with bonus structure, growth potential and family-type work environment. Qualified candidates please forward resume in confidence to dreeves@gbfamilylaw.com.

Prominent Dallas law firm seeks associate with top academics and a minimum of ten

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years plaintiffs’ complex, multi-defendant, personal injury trial experience. Candidates with proven track record and strong client relations skills preferred. Send resume in confidence to: Dallas Bar Association, Box 13–02, 2101 Ross Avenue, Dallas, Texas 75201.

Small law firm seeking part time contract lawyer with 10+ years’ experience in litigation, business law, and real estate. Government, family, and probate law experience helpful. Must be dependable, detailed, honest, and able to meet deadlines. References will be checked. Must be someone who will stay more than a year if work is good.

Uptown. Send resume in confidence to: Dallas Bar Association, Box 13–03, 2101 Ross Avenue, Dallas, Texas 75201.

Downtown Dallas law firm seeks an attorney with at least 2-4 years of tort or commercial litigation experience.

Compensation negotiable. Reply to: kmighell@cowlesthompson.com.

Dallas law firm searching for an attorney with at least 5 years’ experience in Social Security. Bilingual is a plus, but not required. Salary Negotiable. Fax Resume to H.R. Dept. (214) 385-5833.

Job Opening: Paralegal. ACT (Advocates for Community Transformation), an innercity justice ministry based in West Dallas, seeks paralegal with college degree and 4-6 years’ experience proactively managing a high volume plaintiff oriented litigation case docket. Work includes management of cases, clients, volunteers and administrative support in entrepreneurial teamoriented environment. Must be a servantleader who possesses a growing relationship with Jesus Christ, a teachable spirit, a passion for social justice, attention to detail, strong interpersonal skills, and ability to multi-task. Fluency in Spanish preferred.

Compensation commensurate with qualifications and experience. ACT is an Equal Opportunity Employer. To apply, please contact rgertson@actdallas.org.

Twelve Attorney, Downtown-Dallas, AV rated, full-service law firm is looking for a Texas-licensed attorney with 4-6 years’ transactional experience, who can also navigate through litigation. Expect a wide variety of real estate, business, financial, and corporate transactions and related litigation. A capable attorney will work directly with clients and manage projects. Send resume to: Dallas Bar Association, Box 13–03A, 2101 Ross Avenue, Dallas, Texas 75201.

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, excel-

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lent writing skills, good attitude who is selfmotivated and will participate in marketing & seminar presentations. Please email resume to markskennedylaw@msn.com.

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

Dallas’ Premier Entertainment Source.

Get the highest quality musical entertainment in Dallas for your next event. Call (214) 884-8328 or email eventservices@ dallasmusicguild.com to book your solo or group musicians today.

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) 513-7113. troney@thomasroneyllc.com. “We Count.”

Mexican Law Expert - Attorney, former 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. Co-author, leading treatise in field.

J.D., Harvard Law. David Lopez, (210) 2229494. dlopez@pulmanlaw.com Diamond and Gold Buyer. Buying all types of Diamonds, Immediate Cash Paid. Consignment terms available @ 10 -20% over CASH. For consultation and offers please call (214) 739-0089.

To place an affordable classified ad here, contact Judi Smalling at (214) 220-7452 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.

Do You Want to Refresh Your Spanish?

Spanish for Lawyers is the Answer!

10-Week Course Summer 2013

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May 6-July 8 All courses are a continuation of spring semester.

For more information, contact Teddi Rivas at TRivas@dallasbar.org or (214) 220-7447.

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€

March 2013