September 2014 Headnotes by Jessica Smith

Dallas Bar Association

HEADNOTES September 2014 Volume 39 Number 9

Focus Sports & Entertainment Law

Dallas Bar Associ Dear Fellow Dallas Are a

Connatser Family Law, P.L.L.C. has kicked off the 2014 Equal Access to Justice Campaign with a very generous lead gift of $25,000. The Equal Access to Justice Campaign, a joint fundraising campaign of the Dallas Bar Association and Legal Aid of NorthWest Texas, benefits the Dallas Volunteer Attorney Program. DVAP is the most comprehensive pro bono program in Dallas, recruiting, training and mentoring volunteer attorneys to provide free legal help to low-income people in Dallas County. Aubrey M. Connatser, managing member of Connatser Family Law, has donated more than $41,760 in recent years to the Equal Access to Justice Campaign. The contribution will directly benefit people in Dallas who need pro bono legal help in the coming year. “Connatser Family Law is passionate about giving to DVAP because we believe it is important to give back to the legal community and the community at large,” said Ms. Connatser. “Mentors throughout my life and career taught me the magnitude of supporting organizations such as DVAP. The real heroes of DVAP are the attorneys who take pro bono cases and help people in our community with legitimate legal needs navigate what can be an intimidating judicial system. Those who are unable to afford quality legal representation deserve our help.” Connatser Family Law provides representation in divorce, child custody and visitation, paternity, complex property settlements, premarital agreements, modifications and collaborative law. Working together at the firm, family attorneys Mike DeBruin, Abby Gregory, Christina Powers Leatherberry and Alissa Castro share Ms. Connatser’s sentiments about pro bono service. Mr. DeBruin, a member of the firm and seasoned family law

attorney, represents DVAP clients in family law cases. Ms. Gregory, an associate with the firm, volunteered over 1,000 hours for Lincoln Square Legal Services while in law school and, among other things, supports The Family Place, one of Dallas’ local shelters for victims of domestic violence. Associate Ms. Powers Leatherberry represents DVAP clients in adoptions and custody disputes. And the firm’s newest associate, Ms. Castro is a volunteer with both DVAP and Catholic Charities. “Having the support of Aubrey and her firm is very important to the Dallas Volunteer Attorney Program,” said Laura Geisler, Co-Chair of this year’s Equal Access to Justice Campaign. “A large percentage of DVAP cases are family law cases. Aubrey and members of her firm take on difficult pro bono family law cases and help recruit, train and mentor volunteers. The firm’s generous financial support in addition to everything else is very special.” Robert Tobey, Co-Chair of the Equal Access to Justice Campaign agrees. “Aubrey is an example of many of the fine attorneys who volunteer with DVAP and support the program every year,” he said. “DVAP is great group to be a part of, and for young attorneys just starting out or transitioning in their practices, DVAP provides training and mentoring. You can learn so much about the practice of law, court room work, and working with clients while giving back to those in need.” The Dallas Volunteer Attorney Program offers free CLE programs to volunteers and has two attorneys on staff to mentor volunteers on their pro bono cases. While a large percentage of DVAP’s cases are family law matters, DVAP clients also need help with benefits, consumer, employment, housing, landlord-tenant, bankruptcy, continued on page 22

Attorney:

For those of you who are members of the Dallas Bar Associatio support! n, I appreciate your ongoing If you are not a curren t member, I hope you enjoy this compliment Headnotes publication ary issue of our month and choose to become ly a member today! I would like to share the following special offer with those of you member. Join the DB who are not currently A during the month a DBA of September and you membership for the will receive 16 month price of 12 month s of s. To access the www.dallasbar.org and online application, click on the Members go to hip tab and Join the DBA! You can see an extens ive list of all our memb er benefits on page 8, but a few important one s are:  FREE CLE HOUR S – The Dallas Bar Ass oci atio courses in the state n is the 2nd larg est of Texas (See Page 2 provider of CLE for CLE courses).  DIVERSITY – Meet, mentor, and collabora te with lawyers of all and backgrounds to ages, races, religions, strengthen the fabric of our diverse legal commu  COLLEGIALITY – Meet with other lawyer nity. s who practice in you Sections and to netwo r field in our specialize rk and attend CLE cou d rse  MAKING A DIFFE s that relate directly to RENCE – Join one of your practice our many Committees who are committed to to work with other law providing legal servic yers es to the poor, volunt community, and mento eering within the ring other lawyers

Connatser Family Law Kicks Off Equal Access to Justice by Alicia Hernandez

ation

As a DBA Member, you will be able to tak e advantage of these learn, network and valuable opportunities make a difference. To to find out more about the member, please visit www.dallasbar.org, or benefits of being a DB contact our Members A kwatson@dallasbar.org hip Coordinator, Kim or (214) 220-7414. Watson, And again thank you to all our current DBA me mbers for your continu ed support! I hope you join today and look forward to seeing you soon at Belo Mansi on, DBA headquarters! Sincerely,

Scott McElhaney President Dallas Bar Association

Bloomberg Businessweek’s Paul M. Barrett to be Keynote Speaker at Philbin Awards by Jessica D. Smith

The annual Stephen Philbin Awards Luncheon, which was started in 1983 by the Dallas Bar Association to recognize local news journalists for excellence in legal reporting, will celebrate its 31st year on Friday, October 17, 2014 at the Belo Mansion. The luncheon is a way to honor not only the local media, but also the memory of Stephen Philbin, who lost his battle with leukemia in 1982. A long-time member of the Dallas Bar Association and a partner with Locke, Purnell, Boren, Laney & Neely at the time of his death, Mr. Philbin was a leading authority on media law in Texas. He advised major publications and broadcast companies on libel law, regulations and licensing of broadcast properties, and fair comment rulings.

In honor of his contributions to media law in the Dallas area, the Philbin and Brock families, acting through the Dallas Bar Foundation, fund the annual Philbin Awards, with the DBA Media Relations Committee coordinating the event. Entries range from major Paul M. Barrett TV news networks and affiliates to radio stations to both print and on-line news from the area’s large metro newspapers, magazines and suburban publications. The winners will be announced at the Stephen Philbin Awards Luncheon on Friday, October 17, continued on page 22

Inside 7 Laura Geisler and Robert Tobey Named Co-Chairs of Campaign 12 A Look Back: The Civil Rights Act in Dallas 50 Years Later 15 Reality Check: Is “Gambling” on Fantasy Sports Legal? 21 DIY Media Distribution: Eliminating the Middleman

SUPPORT THE DALLAS VOLUNTEER ATTORNEY PROGRAM SUPPORT THE DALLAS VOLUNTEER ATTORNEY PROGRAM S THE DALLAS VOLUNTEER ATTORNEY PROGRAM SUPPORT UPPORT THE DALLAS VOLUNTEER ATTORNEY PROGRAM

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

Septem ber 2014

Calendar September Events SEPTEMBER 5-BELO Noon

Visit www.dallasbar.org for updates on Friday Clinics and other CLEs. “What Judges Want You to Know: Tips to Improve Your Practice!,” Panel discussion with Hon. Robert Cañas, Hon. King Fifer, Eric Moyé and Robert Tobey, moderator. (MCLE 1.00)* At UNT Dallas, 7400 University Hills Blvd, Dallas. RSVP to kzack@dallasbar.org.

FRIDAY CLINICS

Topic Not Yet Available

SEPTEMBER 12-NORTH DALLAS** Noon

“Business Torts,” Brian Lauten. (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 The Dallas Bar Foundation. RSVP to kzack@dallasbar.org.

SEPTEMBER 19-BELO Noon

“Take Charge: Fighting Back Against Identity Theft,” Micah Adkins. (MCLE 1.00)* RSVP to kzack@ dallasbar.org.

MONDAY, SEPTEMBER 1 DBA Offices Closed in Observance of Labor Day

TUESDAY, SEPTEMBER 2 Noon

Corporate Counsel Section “Labor & Employment Update,” Celeste Yeager. (MCLE 1.00)* Morris Harrell Professionalism Committee

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

Tax Law Section “Oil and Gas Tax Update,” Emily Parker and David Wheat. (MCLE 1.00)*

Peer Assistance Committee

TUESDAY, SEPTEMBER 9

WEDNESDAY, SEPTEMBER 3 Noon

Employee Benefits & Executive Compensation Law Section “Bankruptcy and Employee Benefits (including KERPs and KEIPs),” Brian Cumberland. (MCLE 1.00)*

Solo & Small Firm Section “Mediation: What Works & What Doesn’t?” Cecilia H. Morgan. (MCLE 1.00)*

Public Forum Committee

DAYL Judiciary Committee

5:30 p.m. Bankruptcy & Commercial Law Section Topic Not Yet Available

THURSDAY, SEPTEMBER 4 Noon

Construction Section “Residential Construction Law: Where are We Now that the TRCCA has Ridden Off into the Sunset?” Paulo Flores. (MCLE 1.00)*

Judiciary Committee “Media Coverage of High Profile Lawsuits,” Chip Babcock, Chrysta Castaneda and Hon. Barbara M.G. Lynn. (MCLE 1.00)*

Family Law Section Board Meeting

Admissions & Membership Committee

St. Thomas More Society

FRIDAY, SEPTEMBER 5 Noon

Friday Clinic at Belo Topic Not Yet Available

MONDAY, SEPTEMBER 8 Noon

Alternative Dispute Resolution Section Topic Not Yet Available

Real Property Law Section “Basic Tips on Navigating the Bankruptcy

Business Litigation Section “Tips From the Fifth Circuit Bench,” Hon. Jennifer Elrod, Hon. Gregg Costa, Hon. James Graves, Hon. Stephen Higginson and Hon. Catharina Haynes, moderator. (MCLE 1.00)*

Tort & Insurance Practice Section “Women Litigators & Why They Succeed: Dallas Bar Women Legends Speak From Their Perspective,” Sylvia Demarest, Carmen Mitchell, Paula Sweeney and Hon. Emily Tobolowsky. (MCLE 1.00)*

Entertainment Committee

Legal Ethics Committee

DAYL Young Partners Committee

Publications Committee

Christian Lawyers Fellowship

DAYL Lawyers Serving Children

11:00 a.m. Pictorial Directory Photographer at North Dallas Clinic (5420 LBJ Frwy, Ste. 240)

4:00 p.m. Dallas Bar Foundation Board Meeting

Friday Clinic at Belo “Take Charge: Fighting Back Against Identity Theft,” Micah Adkins. (MCLE 1.00)* RSVP to kzack@dallasbar.org.

Legal Ethics Committee “A Healthy Dose of Ethics: Relevant Ethical Issues for Attorneys Working in Health Law,” Edward Vishnevetsky. (Ethics 1.00)*

SATURDAY, SEPTEMBER 20

9:00 a.m. Annual Court & Ad Litem Workshop at The Senior Source Free, bring $15 for box lunch. Interested? Contact elizabeth.hart@dallascounty.org. (MCLE 5.00)* Sponsored by Dallas County Probate Courts.

MONDAY, SEPTEMBER 22

Government Law Section “Public Private Partnership Tools for a Successful Inland Port,” Robert Hager, Michael Halla and Misty Ventura. (MCLE 1.00, Ethics 0.25)*

11:00 a.m. Dallas Women Lawyers Association

MONDAY, SEPTEMBER 15 Noon

Labor & Employment Law Section “The Affordable Care Act for Employment Lawyers,” Rachel Rose. (MCLE 1.00)*

Senior Lawyers Committee

Noon

Computer Law Section “Cybersecurity Concerns for Corporate Counsel,” Roshan Mansinghani. (MCLE 1.00)*

Securities Section “Understanding the New Rule 506(c) Exemption,” Phillip Sanders. (MCLE 1.00)*

TUESDAY, SEPTEMBER 23 Noon

Probate, Trust & Estate Law Section “The Paperless Law Office,” David M. Pyke. (MCLE 1.00)*

Trial Skills Section “Cross-exam: Tips, Tales and Techniques,” Paula Sweeney. (MCLE 1.00)*

Courthouse Committee

DAYL Lawyers Promoting Diversity Committee American Immigration Lawyers Association

Antitrust & Trade Regulation Section Topic Not Yet Available

WEDNESDAY, SEPTEMBER 10

International Law Section “Update on Global Corporate Immigration Trends,” Haseena Enu and Ben Willis. (MCLE 1. 00)*

Noon

Collaborative Law Section Topic Not Yet Available

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

Community Involvement Committee

11:30 a.m. House Committee Walk Through

DAYL Elder Law Committee

Sports & Entertainment Law Section “Ethical Issues Relating to the Unauthorized Practice of Law,” Charles W. Gameros, Jr. (Ethics 1.00)*

Noon

Family Law Section “Child Custody Evaluations: Variations on a Theme,” Dr. Jeffrey Siegel. (MCLE 1.00)*

5:00 p.m. Jeff Coen Family Law Nuts & Bolts Live. MCLE 3.00, Ethics 1.00. To register, www2.dallasbar. org/DBAWeb/eventregistration/NutsAndBolts. aspx. Sponsored by DVAP & Family Law Section.

Mock Trial Committee

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

6:00 p.m. Home Project Committee

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

WEDNESDAY, SEPTEMBER 17 Noon

Energy Law Section “Key Issues in Oil and Gas Purchase and Sale Agreements,” Rebecca Seidl and Arthur Wright. (MCLE 1.00)*

THURSDAY, SEPTEMBER 11 Noon

Friday Clinic-South Dallas

CLE Topics Include:

Dealing with the News Media in an Electronic Age Tomorrow’s Lawyers: The Future of Legal Education and the Practice of Law State and Federal Judges’ Panels And breakouts covering iPads at Trial, Michael Morton Act, Receivers, Ad Litem and more

DAYL Equal Access to Justice Committee

DVAP New Lawyer Luncheon. To RSVP, contact reed-brownc@lanwt.org.

Municipal Justice Bar Association

THURSDAY, SEPTEMBER 25

Criminal Law Section “Jury Selection Tips from a Jury Selection Expert,” Kacy Miller. (MCLE 1.00)*

Health Law Section “An Ounce of Prevention Is Worth a Pound of Cure,” Joseph F. Coniglio. (MCLE 1.00)*

Environmental Law Section “Agency Inspections,” Carrick Grooke-Davidson. (MCLE 1.00)*

Pro Bono Activities Committee

DBA Community Service Fund Board Meeting

DAYL/TLAP CLE. For more information, email cherieh@dayl.com.

FRIDAY, SEPTEMBER 26

Dallas Asian American Bar Association

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

WEDNESDAY, SEPTEMBER 24

Noon

Intellectual Property Law Section “The Interplay of PTO Review and District Court Litigation,” David McCombs. (MCLE 1.00)*

5:00 p.m. Jeff Coen Family Law Nuts & Bolts Live. MCLE 3.00, Ethics 1.00. To register, www2.dallasbar. org/DBAWeb/eventregistration/NutsAndBolts. aspx. Sponsored by DVAP & Family Law Section.

Criminal Justice Committee “Introduction to Criminal Law: What They Didn’t Teach You in Law School,” Stanley Mays. (MCLE 1.00)*

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

Transition to Law Practice Committee “Satisfaction, Fulfillment, Wellness and Happiness for the Beginning Lawyer.” (MCLE 1.00)*

DAYL CLE Committee

Dallas Asian American Bar Association CLE

Sporting Clays, Games, Golf, Tennis, Yoga, Golf and more! More than 6 hours CLE, including 1.00 hour ethics. | Casual Attire Only!

Noon

Events/Activities: Plan to Stay Friday Night!

FRIDAY, SEPTEMBER 19

Friday Clinic-North Dallas** “Business Torts,” Brian Lauten. (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 The Dallas Bar Foundation. RSVP to kzack@dallasbar.org.

TUESDAY, SEPTEMBER 16

   

DAYL Freedom Run

FRIDAY, SEPTEMBER 12 Noon

Mergers & Acquisitions Section “I Know What You Did Last Summer: Critical M&A Developments While You Were at the Beach,” Caitlin Calloway and Robert B. Little. (MCLE 1.00)*

Law in the Schools & Community Committee

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

Minefield,” E. Lee Morris. (MCLE 1.00)*

Noon

6:00 p.m. Sister Bars/Giving Day Happy Hour at Craft & Growler. 3601 Parry Ave., Dallas. Sponsored by DBA Entertainment Committee and Sister Bars. RSVP www.surveymonkey.com/s/NetworkingHH

Non-Profit Law Study Group

THURSDAY, SEPTEMBER 18 Noon

How the Civil Rights Act Changed Dallas, Part III “Implementing Civil Rights: Voting & Employment Litigation in Dallas,” Prof. Maureen Armour, Alan Butler, Prof. Neil Cogan, Hon. Ken Molberg; Ed Cloutman, Betsy Julian, Mike McKool, Harriet Miers, Diane Ragsdale and Kevin Wiggins. (MCLE 1.50)*

Media Relations Committee

Minority Participation Committee

DAYL Animal Welfare Committee

Christian Legal Society

Dallas Gay & Lesbian Bar Association

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

MONDAY, SEPTEMBER 29 Noon

DAYL Solo & Small Firm Committee

TUESDAY, SEPTEMBER 30 Noon

Public Forum “Up, Up & Away: Lifting the Wright Amendment at Love Field,” Tom Parsons and Terry Maxon, moderator.

1:00 p.m. Intellectual Property Law Section “AIA First-Inventor-to-File Roundtable,” Janet Gongola. (MCLE 1.00* 6:00 p.m. Dallas Hispanic Bar Association

If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Cathy Maher at 214/220-7401 as soon as possible and no later than two business days before the seminar. All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION. *For confirmation of State Bar of Texas MCLE approval, please call Teddi Rivas at the DBA office at 214/220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact KZack@dallasbar.org.

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

Septem ber 2014

Headnotes

President's Column

The Value of Professionalism Scott M. McElhaney

The image of lawyers for many people comes from television programs, and the programs being broadcast these days can understandably lead many to think that lawyers are generally immoral and conniving. For example, Saul Goodman, a character from Breaking Bad, embodies just about every sleazy stereotype about lawyers that one can imagine. But few school teachers seem to have been upset at the portrayal of Walter White as a meth dealer, so perhaps we should remember to have a thick skin and a sense of humor when it comes to the popular image of lawyers on television and in movies. Lawyers often help clients in disputes with some other person or company, or even the government, and in disputes of any sort, it is not surprising that people can fail to see the best in the other side, or the other side’s lawyer. None of this is to say that we cannot do more to convince the public that almost no lawyer’s behavior even comes close to resembling the Saul Goodman stereotype. Twenty five years ago, the Supreme Court of Texas and the Texas Court of Criminal Appeals adopted the Texas Lawyer’s Creed. This year’s anniversary of the Creed offers a perfect opportunity for Texas lawyers to tell friends and acquaintances that, while lawyers have a duty to zealously represent their clients, they do so within bounds of civility that ultimately makes our legal system the most fair justice system in the world. The story of the Creed’s creation may not be familiar to those who were not practicing law in Texas in the late 1980s. Distressed by the increase in what were called “Rambo” litigation tactics—characterized by the refusal to agree to reasonable requests for responding to discovery or the scheduling of hearings, by general obstructionism, and by the frequent filing of motions for sanctions and even motions for sanctions for filing motions for sanctions—leaders of the Texas legal profession came together to establish a code of conduct that aimed to restore norms of courtesy, civility, and professionalism to all members of the bar. In 1989, Texas Supreme Court Justice Eugene Cook had the Supreme Court form an Advisory Committee on Professionalism. To ensure that its work would broadly represent the profession, Justice Cook appointed both plaintiffs’ attorneys and defense lawyers to leadership positions on the Committee. He charged them to make recommendations for encouraging lawyers to disagree without being disagreeable. The Committee, in turn, articulated common goals of all lawyers and the legal system—to promote justice and each client’s interests—by developing the Lawyer’s Creed and, in the words of Committee member Judge Lamar McCorkle, giving “voice to the cornerstones and timeless principles of justice and fairness of our profession.” One of the Committee’s leaders was James “Blackie” Holmes of Dallas. Two years earlier, he had chaired a committee of the Dallas Bar Association which drafted a Dallas Lawyer’s Creed, and the state version of the Creed adopted much of the language that Blackie’s committee had offered. In the polarized social, political, and legal climate that exists today, some may argue that civility towards one’s opponent is the first step towards surrender and that a lawyer who is civil and professional to an opponent is not willing to fight

for his or her client’s interests. But being civil is not the same thing as being unwilling to zealously advocate for one’s client’s interests. They are entirely separate ideas. Civility is concerned with basic courtesy and good manners. It helps protect us from the temptation to demonize those who are on the other side of a dispute. Simply put, we can be professional towards the other side of a dispute while at the same time effectively advocating for our clients’ cause. In fact, professionalism and civility can help clarify one’s arguments because it makes it more difficult to resort to personal attacks, which do nothing to advance one’s argument. As the philosopher Sidney Hook wrote, “Before impugning an opponent’s motives, even when they may rightly be impugned, answer his arguments.” The Lawyer’s Creed thus has each Texas lawyer affirm that he or she is “entrusted by the People of Texas to preserve and improve our legal system,” acknowledge that “professionalism requires more than merely avoiding the violation of laws and rules,” and agree to a number of precepts for civil behavior. You can read the Creed in its entirety and learn more about its creation at the website of the Texas Center for Legal Ethics, www.legalethicstexas.com. Dallas Bar members continue to do their part to promote the values of professionalism and civility embodied in the Texas Lawyer’s Creed and encourage those values to be adopted across the country. Dallas Court of Appeals Justice (and former DBA President) Doug Lang has, with the leaders of a wide variety of national trial lawyer groups, been intimately involved in preparing a White Paper on Increasing the Professionalism of American Lawyers. The White Paper represents the work of the American Civil Trial Bar Roundtable, which is made up of 14 organizations including important bar and trial practitioner groups from diverse viewpoints such as the American Board of Trial Advocates, the American Alliance for Justice, and the Defense Research Institute. The White Paper identifies many best practices of courts, bar associations, other legal organizations, and law schools from around the country. Many of these best practices include codes of conduct and oaths and creeds like the Texas Lawyer’s Creed. The White Paper encourages all of those groups to establish comprehensive goals aimed at improving the professionalism of lawyers and strengthening the civil justice system in America. And at its annual meeting in August, the American Bar Associations adopted a resolution that commended the publication of the White Paper and encouraged bar associations across the country to study its recommendations. You can read the White Paper at www.americanbar.org/news/reporter_ resources/aba-2014-annual-meeting/2014-annual-meetinghouse-of-delegates-resolutions/105b.html. Professionalism requires more than merely avoiding the violation of laws and rules, and we can rightly be proud of the efforts of DBA members past and present to promote the values of professionalism to all lawyers. So on this 25th Anniversary of the Texas Lawyer’s Creed, take an opportunity to tell a non-lawyer that, unlike the stereotypes they may see on television, lawyers take their duty to help facilitate the resolutions of disputes peacefully and professionally seriously, and thanks in part to such efforts, we enjoy a legal system that is, while not HN perfect, admired by people around the world.

MARK YOUR CALENDARS Implementing Civil Rights: Voting & Employment Litigation in Dallas The third program commemorating the 50th Anniversary of the Civil Rights Act of 1964 will examine the implementation of the Act by reviewing employment and voting rights litigation in Dallas in the 1960s through the 1980s.

Employment Discrimination Panelists: Hon. Ken Molberg, 95th District Court Alan Butler, Retired, Clark, West, Keller, Butler & Ellis Prof. Neil Cogan, Whittier Law School Moderator: Prof. Maureen Armour SMU Dedman School of Law Voting Rights Panelists: Ed Cloutman, Cloutman & Cloutman Betsy Julian, Inclusive Communities Project Mike McKool, McKool Smith P.C. Harriet Miers, Locke Lord LLP Diane Ragsdale, Former Dallas City Council Member Moderator: Kevin Wiggins White & Wiggins, L.L.P. Thursday, September 18, 2014 | 12:00 p.m. to 1:30 p.m. | Pavilion at Belo Mansion No Admission Fee – $30 Nonmember CLE Fee| MCLE: 1.5 hours (Pending)

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: Scott M. McElhaney President-Elect: Bradley C. Weber First Vice President: Jerry C. Alexander Second Vice President: Rob Crain Secretary-Treasurer: Audrey Moorehead Immediate Past President: Sally L. Crawford Directors: Tatiana Alexander (President, J.L. Turner Legal Association), A. Shonn Brown (At-Large), Wm. Frank Carroll, Laura Benitez Geisler (Vice Chair), Hon. Martin Hoffman, Hon. David Horan (Judicial At-Large), Michael K. Hurst (Chair), Krisi Kastl, Michele Wong Krause, Meyling Ly (President, Dallas Association of Young Lawyers), Karen McCloud, Courtney Barksdale Perez (At-Large), Sakina Rasheed (President, Dallas Asian American Bar Association), Mary Scott, Scott Stolley, Diane M. Sumoski, Robert L. Tobey, Aaron Tobin and Elisabeth A. Wilson (President, Dallas Hispanic Bar Association) Advisory Directors: Jonathan Childers (President-Elect, Dallas Association of Young Lawyers), Monica Lira (President-Elect, Dallas Hispanic Bar Association), Bill Richmond (PresidentElect, Dallas Asian American Bar Association) and Ebony Rivon (President-Elect, J.L. Turner Legal Association). Delegates, American Bar Association: Rhonda Hunter, Hon. Liz Lang-Miers Directors, State Bar of Texas: Lawrence Boyd, Wm. Frank Carroll, E. Leon Carter, John Jansonius and Florentino A. Ramirez 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: Deni Ackerman, Tina DeRobertis, Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Dawn Fowler and Jared Slade Vice-Chairs: Paul Clevenger and Meghan Hausler Members: Timothy Ackermann, Vincent Allen, Natalie Arbaugh, Benjamin Barmore, Joi-lee Beachler, Martha Beard-Duncan, Lisa Blackburn, Jason Bloom, Eric Blue, Leigh Bradford, Bobby Braxton, Kandice Bridges, Kelsey Brock, Sara Ann Brown, John G. Browning, Casey Burgess, Eliot Burriss, Stacie Cargill, Nancy Carroll, Lance Caughfield, Julie Chandler, Joel Crouch, Walter Dean, Lea Dearing, David Dodds, Adam Dougherty, Brandon Duck, Christopher Elam, Alexander Farr, J. Martin Futrell, Jenny Givens, Jennifer Gjesvold, Andrew Gould, James Gourley, Nadia Haghighatian, Susan Halpern, William Hammel, Jordan Harrison, Jeremy Hawpe, John Herring, Zachary Hilton, Kelli Hinson, Tyler Hokanson, Alison Hollender, Mary Louise Hopson, Mandy Jenkins, Soji John, Amanda Kelley, Cynthia Jon-Ubabuco, Yoon-Joo Jung, Tiffany Kamuche, Nicholas Kennedy, Adam Kielich, Michelle Koledi, Matthew Kolodoski, Susan Kravik, Norman Lofgren, Sixuan Lu, Margaret Lyle, Ashley Mason, Andrew Mayo, Jennifer McCollum, Christina McCracken, R. Sean McDonald, Scott McElhaney, Elizabeth “Jodi” McShan, John McShane, Michael Merrick, Christopher Meuse, Aaron Michelsohn, Wendy Mills, Constance Mims, Ethan Minshull, Paige Montgomery, Caitlin Morgan, Hon. Jim Moseley, Terah Moxley, Derek Neilson, Nick Nelson, Christopher Norcross, David Parham, Murali Pasupulati, Seth Phillips, Keith Pillers, Amiee Pingenot, Kirk Pittard, Irina Plumlee, Laura Anne Pohli, Ellen Pryor, Gabriel Reyes, Edward Rice, Morgan Richards, David Ritter, Carl Roberts, Richard Salgado, Joshua Sandler, Brandon Schwarzentraub, Calvin Scott, Ifeyinwa “Ify” Seales, Isabel Segarra, Micah Skidmore, Crystal Smith, Phillip Smith, Bradley Smyer, Yon Sohn, Thad Spalding, Timothy Springer, Jacob Stasny, Cori Steinmann, John Stevenson, Scott Stolley, Brian Stork, Amy Stowe, Billye Summers, Kristopher Tate, SaKinna Thomas, Pryce Tucker, Brent Turman, Peter S. Vogel, Whitney Warren, Bradley C. Weber, Suzanne Westerheim, Elisabeth Wilson 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 Director: Rhonda Thornton Executive Assistant: Mary Ellen Johnson Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewers: Marcela Mejia, Viridiana Mejia Law-Related Education & Programs Coordinator: Kimberlynn Taylor 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, Tina Douglas, Marisol Guzman, Andrew Musquiz, Carmen Perales, Karina Sanchez Program Assistant: Patsy Quinn Copyright Dallas Bar Association 2014. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher. Headnotes serves the membership of the DBA and, as such, editorial submissions from members are welcome. The Executive Editor, Editor, and Publications Committee reserve the right to select editorial content to be published. Please submit article text via e-mail to jsmith@dallasbar.org (Communications Director) at least 45 days in advance of publication. Feature articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informational and educational purposes and is not intended as legal advice. Opinions expressed in articles are not necessarily those of the Dallas Bar Association. All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Association’s sole discretion. Headnotes (ISSN 1057-0144) is published monthly by the Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. Non-member subscription rate is $30 per year. Single copy price is $2.50, including handling. Periodicals postage paid at Dallas, Texas 75260. POSTMASTER: Send address changes to Headnotes, 2101 Ross Ave., Dallas, TX 75201.

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

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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

Septem ber 2014

The Carters Are Coming! The Lawyers Are Coming!

by Al Ellis

rter Jim my Ca

the idea of partnering with Dallas Habitat to the DBA in 1991. As a result, Rex caught the disease of Habitatitis and served as a leader in the DBA Home Project for many years. He also became an active member of the Dallas Habitat Board of Directors, served as the Executive Director on two separate occasions, and two years ago, was recognized nationally as the Outstanding Habitat Volunteer by Habitat for

Silver Donors $1,000-$4,999 Wendy and Mark Castenada Dallas Bar Foundation Dallas Women Lawyers Association Lisa & Robin Doss Jim E. Cowles Godwin Lewis PC Hernandez Law Firm Waters & Kraus, LLP Scott Chase & Debra Witter

Get Involved! To donate, visit www.dallasareahabitat.org/web/guest/lawyers Sign up to be a construction volunteer at vhub.at/DallasLawyersJCWP Sign up to be a support volunteer at vhub.at/MacGyverTeamJCWP

Humanity International. Rex has traveled throughout the country and to several foreign countries as a participant in the Carter Work Project. One of Rex’s favorite stories is of the time he was struggling to install a toilet in a home being built in the Philippines. Along came President Jimmy Carter to provide him with specific instructions for the installation. Perhaps no one in our legal community deserves the thanks and recognition for getting us involved with Habitat more than Rex Spivey. The legal community’s partnership with Dallas Habitat for Humanity and the Carter Work Project still need your help. To date, we have raised approximately $75,000 toward our $100,000 goal. Donations are still being accepted, and information as to how to donate can be found at www.dallasareahabitat.org/web/guest/lawyers. Our greatest need at this time is for additional volunteers either to assist with construction or to assist with support of the project. The legal community is committed to providing at least 200 volunteers during the week of the project. To volunteer, go to either of the following links: http://vhub.at/ DallasLawyersJCWP or http://vhub. at/MacGyverTeamJCWP. There is no mandatory donation required to volunteer. For more information, visit our Facebook page at www.facebook.com/ dallasarealegaljcwphabitat. Whether

To Give: www.dallasareahabitat.org/web/guest/lawyers

$100,000

Thank you to our Carter work project sponsors! Gold Donors $5,000 + Baron and Blue Foundation Baron & Budd, P.C. DBA Home Project Committee Fears & Nachawati Law Firm Haynes and Boone, LLP Payne Mitchell Law Group Sayles | Werbner Sifford, Anderson & Co., P.C. Sommerman & Quesada, LLP Turley Law Firm

ject

Each year since 1984, President Jimmy and Rosalynn Carter have given a week of their time to help Habitat for Humanity improve and build homes throughout the world. Each year since 1991, the Dallas Bar Association has partnered with Dallas Habitat for Humanity to finance and build a home for a qualified, deserving family. On October 5-11, 2014, these two programs will come together to build or repair 40 homes in the Oak Cliff Gardens neighborhood. To accomplish this task, the entire legal profession— lawyers, paralegals, court reporters, administrative staff—has committed to raise $100,000 and provide at least 200 volunteers to build, repair and support the Carter Work Project. The legal profession will start the construction of its second home this year, and the home will be completed on five consecutive Saturdays after the Carter Work Project is over. This new Habitat home will be dedicated to Rex Spivey in tribute to his long-time dedication to the DBA Home Project and Dallas Area Habitat for Humanity. Rex was the individual who initially brought

ro rk P Wo

I never wanted to ask for a handout, just a hand up. I had the dream, goal and desire – just no door. —Habitat Homeowner Latachia

$90,000 $80,000

$70,000 $60,000 $50,000 $40,000 $30,000 $20,000 $10,000

you can spend just a few hours, an entire day, or the entire week, your assistance is sorely needed. It is anticipated the legal community’s partnership with the Carter Work Project and Dallas Area Habitat for Humanity will be one of the finest programs ever developed by the Dallas Bar Association and all of its affiliated bars. The goal is to make this year’s Carter Work Project the best in its history. This goal cannot be accomplished without everyone’s assistance. Please HN volunteer now!

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

Laura Geisler and Robert Tobey Named Co-Chairs of Campaign by Jessica D. Smith

Laura Benitez Geisler and Robert Tobey have been named Co-Chairs of the 2014-2015 Equal Access to Justice Campaign benefiting the Dallas Volunteer Attorney Program (DVAP). “Laura and Robert will be excellent leaders of this year’s Equal Access to Justice Campaign,” said DBA President Scott McElhaney. “They both have tremendous energy and drive, and they are committed to the Dallas Volunteer Attorney Program’s mission of providing civil legal aid to those who cannot afford it.” Ms. Geisler, principal at the Geisler Law Firm, has been an energetic supporter for the Campaign for many years. She is a leader in the Dallas legal community and a long-time member of Dallas Bar Association. She currently serves as Vice Chair of the Board of Directors, as well as Co-Vice Chair of the Judiciary Committee. She has previously served as Chair of the Transition to Law Practice Program, Entertainment and Bench Bar Conference Committees. In addition to her service with the DBA, she is a past president of the Dallas Association of Young Lawyers and the Dallas Women Lawyers Association. She is a Fellow of the Dallas Bar Foundation and the Dallas Association of Young Lawyers (DAYL) Foundation. She also serves as a Trustee for the DAYL Foundation and on the DBA’s Community Service Fund Board of Directors A graduate of SMU Dedman School of Law, Ms. Geisler has repeatedly been voted as one of the D Magazine’s “Best Lawyers in Dallas” and as a “Rising Star” in Thomson Reuters Texas Super Lawyer. The Hispanic National Bar Association which named her one of five “Top Hispanic Lawyers Under 40” in 2011, and she was selected for inclusion in The Best Lawyers in America® 2012 in the area of Personal Injury Litigation. “It is an honor to co-chair this year’s Equal Access to Justice Campaign,” said Ms. Geisler. “Along with my co-chair Robert Tobey and a number of attorneys

PUBLIC FORUM Up, Up & Away: Lifting the Wright Amendment at Love Field Tuesday, September 30, Noon at Belo Speakers: Tom Parsons, Best Fares Terry Maxon, Dallas Morning News Open to the public. RSVP to sevans@dallasbar.org. Sponsored by the Public Forum Committee

14th Annual Freedom Run 5K Run

Thursday, September 11, at 6:30 p.m. at Dallas City Hall Plaza Benefitting the Assist The Officer Foundation Paying tribute to the victims and heroes of 9/11. Register Online at www.freedomrun.com Organized by the Dallas Association of Young Lawyers.

who have already agreed to assist with the campaign we will continue the tradition of providing access to justice for the many low income Dallas County citizens who would otherwise be deprived of legal services if it were not for the funds raised by the campaign. “Having served on the DBA ComLaura Benitez munity Service Fund Geisler board for the past several years I have had an opportunity to really appreciate the meaningful impact that DVAP has had on the lives of the clients it has served. The generosity of campaign contributors, volunteer attorneys and DVAP staff make it possible, and make our community a better place. I am proud to be a part of this effort.” A graduate of the University of Texas School of Law, Robert Tobey has been active in the Dallas Bar for many years. He currently serves on the Board of

Directors and is an enthusiastic advocate for equal access to justice. In the past few years, he has Chaired the Transition to Law Practice and Bench Bar Committees and the Business Litigation and Tort and Insurance Practice Sections. He has also been a member of the Board of Directors of the Dallas Trial Lawyers Association. Robert Tobey Mr. Tobey was one of the first honorees in Texas Monthly’s Super Lawyers in 2003 and has made this list every year since then. Each year he has made the list of distinguished attorneys chosen by their peers and recognized by Thomson Reuters. He was featured in the Texas’ Best Lawyers publication in 2013 and has the highest rating of AV by Martindale Hubbell. “As attorneys, we are privileged to practice in a profession where we get to help people,” said Mr. Tobey. “Unfortunately, more than 600,000 people (25

percent of Dallas County) live below the poverty line of $29,813 for a family of four, and without legal aid they have no meaningful access to legal services. Since the Great Recession of 2008, there has been almost no federal or state funding for legal services to the poor, so it has been up to the legal and business communities to pick up the slack. The past several Campaigns for Equal Access have proven the generosity of the Dallas business and legal communities. We need to build on that momentum to make sure that legal services are provided to those who are less fortunate!” “I am honored to serve as a Co-Chair for the Campaign this year with Laura Benitez Geisler, and I want to thank everyone in advance for the continued generosity that will make this Campaign the most successful one ever!” The Campaign will culminate at the Inaugural of 2015 DBA President Brad HN Weber on January 17, 2015. Jessica D. Smith is the Communications/Media Director of the Dallas Bar Association. She can be reached at jsmith@dallasbar.org.

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

Septem ber 2014

The Fifth Circuit Comes to Belo by Craig Haynes

On September 9, the DBA’s Business Litigation, Appellate and Trial Skills Sections will welcome the largest gathering of Fifth Circuit judges at Belo in six years (since Judge Catharina Haynes’s investiture) for a panel discussion of tips and traps for appeals and advocacy. Judges Jennifer Elrod and Gregg Costa of Texas will join Judge Stephen Higginson from Louisiana and Judge James Graves from Mississippi as panelists for the event that will take place from noon to 1:15 p.m. at at Belo; one hour of CLE credit will be available. Their presentation will include tips gained from their varied experiences both before and during their time on the Fifth Circuit, with maybe a dash of collegial disagreement on the how-to’s. Judge Jennifer Walker Elrod graduated cum laude from Harvard Law School before returning to Houston for a clerkship with the Honorable Sim Lake of the Southern District of Texas. After several years at Baker Botts L.L.P., she was appointed and then elected to the 190th District Court of Harris County, where she served until her appointment by President George W. Bush to the Fifth Circuit in October of 2007. During her years as a lawyer, Judge Elrod devoted many hours to pro bono service, winning the Thomas Gibbs Gee award for pro bono service. As a judge, she was awarded the Texas Hispanic Bar Association’s “Judge of the Year” award, and numerous other accolades, including the Houston Young Lawyers Association “Outstanding Young Lawyer of Houston.” Outside the court, Judge Elrod has served on numerous boards, including the Board of Directors for the Texas Center of Legal Ethics and Professionalism.

Hon. Jennifer Elrod

Hon. James Graves

She also sings for her church and dotes on her two daughters and husband, Hal, a consultant. Judge James E. Graves, Jr. was the valedictorian of his high school class en route to graduating from law school at Syracuse University. His varied legal career included service to the Central Mississippi Legal Services and Mississippi Attorney General’s office, plus some years in private practice. His judicial career began in the trial court, with ten years on the Hinds County Circuit Court, before Governor Musgrove appointed him to the Mississippi Supreme Court. He remained on that court until President Barack Obama appointed him to the Fifth Circuit in February of 2011, where he became the first African American from Mississippi to serve on that court. Judge Graves’s hard work and dedication have earned him numerous awards, most recently, the Mississippi Trailblazer of the Decade award, a high honor indeed. He is married to Dr. Bettye Graves, a retired university administrator, and they have three sons (all attorneys). Joining the court the same year as Judge Graves, Judge Stephen Higgin-

Hon. Stephen Higginson

son is a Boston native who graduated from Yale Law School, where he was editor-in-chief of the Yale Law Journal. After clerking for the D.C. Circuit, he clerked for the Honorable Byron White of the United States Supreme Court. After a few years in his hometown’s United States Attorney’s Office, he followed his heart to New Orleans, home to his wife, Collette Creppell, an architect. There, too, he served as an Assistant United States Attorney, heading the appellate office and appearing many times before the court where he now serves. His passion for teaching led him also to serve as a Loyola law professor until his appointment to the Fifth Circuit by President Obama. Judge Higginson and his wife have three children, all soccer stars. In a homecoming of sorts, the Fifth Circuit’s newest judge, Judge Gregg Costa, returns to the area where he grew up, graduating from Richardson High School on his way to graduating with highest honors from the University of Texas School of Law, where he was Editor-in-Chief of the Texas Law Review. Like Judge Higginson, Judge Costa clerked on the D.C. Circuit before clerking for the United States

Hon. Gregg Costa and Hon.Catharina Haynes

Supreme Court in the chambers of Chief Justice William Rehnquist. After a few years at Weil, Gotshal in Houston, he served as an Assistant United States Attorney, where he worked on the prosecution of Allen Stanford. In 2012, President Obama appointed him to serve as a district judge in the Galveston Division of the Southern District of Texas. President Obama again turned to Judge Costa to fill a seat on the Fifth Circuit, to which he was sworn in on June 2, 2014. Judge Costa and his wife, Jennifer, have three children. The panel will be moderated by our own Judge Haynes, who is well-known to us, having served as a partner at Baker Botts L.L.P. and a state district judge in Dallas before her appointment by President Bush to the Fifth Circuit in 2008. In an era of a less-than-harmonious Congress, it is an accomplishment that all of the above judges were confirmed by the Senate unanimously. Belo is the place to be on September 9 at noon. HN Don’t miss it! Craig Haynes is a Partner at Thompson & Knight LLP. He can be reached at craig.haynes@tklaw.com.

DBA Member Benefits Professional Development DBA Sections and Committees offer nearly 400 FREE CLE courses each year!

Join the Lawyer Referral Service panel and get connected with citizens who need legal help.

DBA Headnotes monthly publication is full of substantive legal articles and information regarding networking opportunities.

The Peer Assistance Committee offers an assistance program for chemical and alcohol dependencies and depression.

Over 29 substantive law Sections presenting cutting edge CLE programs and seminars. Members meet monthly at Belo, at noon or in the evening.

The DBA offers various Mentoring Programs that pair new lawyers with seasoned attorneys. Weekly DBAonline e-newsletter lists upcoming CLE programs and events.

Office Resources Post job openings and search resumes through our online DBA Career Center. Visit DBA website for details. If you are accepting credit cards, trust your transactions to LawPay. DBA members can save up to 25% off credit card processing fees. For more information, call (866) 376-0950 or visit www.affiniscape.com/dallasbar. DBA members receive Discounted Office Supplies through Association Members Only. Call (800) 420-6421, ext. 222.

Contact EZ Messenger for court, messenger, process services & more. Visit www.ezmessenger.com/tx.

For more information about member benefits, please visit www.dallasbar.org

Social & Community Work Participate in social events and activities hosted by the DBA for great Networking Opportunities with lawyers from all areas of practice. The Dallas Volunteer Attorney Program offers lawyers Pro Bono Opportunities to assist low-income residents through clinics, and provides free CLE training seminars.

You will be included in the DBA Pictorial Directory available in print and online to all DBA members.

DBA Committee Membership is a great way to get involved! With more than 30 committees, there are many rewarding opportunities to perform community service and/or participate in the legal community.

The DBA provides Mailing Labels of member names and addresses. For pricing, call Teddi at (214) 220-7447.

Join us for the Family Holiday Party in December at the Belo and other family activities throughout the year.

Take advantage of ABA Publication Discounts as a DBA member. For a list of titles or to place an order, visit www.abanet.org/abastore.

Personal Perks Search jobs, create email alerts and post your resume through our online DBA Career Center. Sign up today! Go to www.dallasbar.org/career-center Discounts on Texas Rangers and Dallas Mavericks tickets available to all DBA members. Check out the DBA website homepage for links. DBA members receive Clothing Discounts including a 15% discount off merchandise at Brooks Brothers stores nationwide and 20% discount off regularly priced merchandise at JoS. A. Bank. For discount codes, send request email to membership@dallasbar.org

Discounted Health Club Memberships are available at TELOS Fitness Center, The Texas Club and The Baylor-Tom Landry Fitness Center. Visit DBA website for contact information. DBA Members receive a 28% discount off a one-year subscription of Trusts & Estates Magazine. Includes hard copies of the monthly periodical; two annual supplements of Texas Year in Review and more. Visit DBA website for details.

Members receive Hotel Discounts at many La Quinta Inns & Suites. Rates range from $85 down to $49 at some hotels in Texas and 15% discount at hotels outside of Texas. Please visit the DBA website for more details. DBA Members are encouraged to make Use of the Belo Mansion by bringing guests for the daily buffet, or renting the Belo Mansion for an event or special occasion. For more information, please call (214) 2200239.

The Golf Club of Dallas offers DBA members one month of club membership dues free, as well as other Questions? Contact Kim Watson, benefits to DBA members who join the Membership Coordinator, (214) 220-7414 or kwatson@dallasbar.org club. Call (214) 331-4336, ext. 224

THANK YOU FOR YOUR SUPPORT OF THE DALLAS BAR ASSOCIATION!

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

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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

Septem ber 2014

Stay on Top of Credit Card Security in Your Law Firm by Amy Porter

The term “PCI Compliance” generally elicits one of three responses: complete confusion, vague recognition or mild panic. You are not alone. From the moment the Payment Card Industry Security Standards Council rolled out these credit card regulations, attorneys have been struggling with how to understand their meaning and adhere to them.

What is PCI Compliance?

In 2006, the major credit card brands (Visa, MasterCard, Discover, American Express and JCB) formed a security council. The goals of the Security Council were to ensure the safety of cardholder data at all times and reduce credit card fraud by developing standardized regulations (Payment Card Data Security Standards or PCI-DSS) the entire credit card processing industry must follow. It applies to any business that processes, transmits, or stores credit card data (see pcisecuritystandards.org). The bottom line is if you accept credit card payments, you also accept the responsibility to protect sensitive card holder information.

How Does It Apply to My Law Firm?

Your day is already filled with mission

critical tasks, so taking on compliance is not something you want to think about. It’s understandable. Perhaps your law firm only processes a few credit card transactions a month, you have a trusted staff, and you use a compliant gateway for your transactions. Your credit card data is safe, right? PCI Compliance is actually comprised of several key pieces—how credit cards are processed, who you use as service providers, and how you handle credit card information within the walls of your office. Think for a moment about how credit card data flows through your law firm. Do your clients pay online? Do they fax credit card authorization forms to your office? Are there copies of credit card numbers in client files? Those are just a few practical security points addressed by the security standards. The good news is that implementing small changes can have a major impact on your security. There are guidelines in the PCI-DSS that address Internet security and payment applications and also ones that address how businesses handle credit card data on a physical level. Assessing your vulnerabilities is a great way to fix potential issues and educate your staff. According to the 2012 Data Breach Investigations Report by Verizon Business, 97 percent of breaches could have

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been prevented by fairly simple measures. Office security policies that define procedures for changing passwords, storing information, and disposing of credit card data can make the difference between compliance and non-compliance

Why Now?

Until recently, most of the focus has been on major retailers that process in excess of 6 million Visa transactions per year. All merchants, regardless of credit card processing volume, must now comply with the regulations. Failure to meet requirements can result in security breaches, costly fines, and forensic audits. Accepting credit cards is a great way to offer a flexible payment option for your clients and improve your cash flow; consequently, this means handling sensitive information that is very desirable to criminals. By following the PCI-DSS guidelines, you greatly reduce your vulnerability to a security breach. Most firms have found taking steps to become PCI Compliant is a productive, beneficial “housekeeping” exercise for their office. Becoming PCI compliant sends a strong message to your clients that you are doing your due diligence in protecting their sensitive information. The PCI process can also create a greater level of awareness with your staff when they handle credit card information, limiting the potential for a security breach and ultimately reducing the overall liability to your law firm.

How Do I Become Compliant?

There are several steps every merchant must complete to validate PCI compliance: • Identify validation type (this is based on how credit card transactions are

processed). • Complete the self-assessment questionnaire. • Provide evidence of a passing vulnerability scan, if necessary, from an approved vendor on a quarterly basis. • Complete the attestation of compliance. • Submit the self-assessment questionnaire, attestation of compliance, and evidence of a passing scan (if required) to acquirer. • Create comprehensive Security Policies and Procedures Find out more at pcisecuritystandards. org/merchants/how_to_be_compliant. php.

My Law Firm is Compliant. Now What?

One of the biggest challenges attorneys face is moving beyond a “checkbox” mentality when it comes to compliance. (“I have a Security Policy, check! I shred documents, check!”) To be truly PCI compliant, you need to not only be able to answer questions truthfully and accurately on your self-assessment questionnaire, but also be diligent in monitoring your procedures every day. If you have rock-solid policies and procedures in place, but only follow them four out of five days of the work week, it’s like having bars on your windows and leaving the front door wide open. Regardless of how you choose to comply with PCI regulations, it is important to keep the ultimate goal in mind: protecting your clients and your law firm. By taking the time to evaluate the flow of cardholder data through your office and addressing security issues, you can HN achieve that goal.

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Dal l as Bar A ssoci ati on l Headnotes 11

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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

Septem ber 2014

A Look Back: The Civil Rights Act in Dallas 50 Years Later by Linda Dedman and Madeline Ball

Just 50 years ago, Congress passed Public Law 88-352 (78 Stat. 241), a relatively mundane name for a bill that forever changed the social climate of America—the Civil Rights Act of 1964. The Civil Rights Act of 1964 signaled the demise of segregation and the end of the Jim Crow laws, as well as the end of unequal voting restrictions and discriminatory employment practices. It was not perfect, and the Civil Rights Act of 1964 was not easy to implement or enforce at first. It was,

Celebrating 32 Years! DVAP’s Pro Bono Awards Celebration Save the Date: October 29, 2014 Belo Mansion Hosted by the Dallas Volunteer Attorney Program

however, a big leap for social equality in America. The Dallas Bar Association is hosting a series of programs celebrating the Civil Rights Act of 1964 addressing its proposal, implementation, and passage. The first two programs covered how the Act drastically altered Dallas, as well as the genesis of the Act. The next program will be on September 18, 2014, and will elaborate on how the Act was enforced and implemented. The final program will consider the remaining work necessary to further America’s civil rights.

DBA MEMBERS INVITED TO RED MASS 9:00 a.m., Sunday, October 5, 2014 The Cathedral Shrine of the Virgin of Guadalupe The St. Thomas More Society invites you to join us for our annual Red Mass on Sunday, October 5, at 9:00 a.m., at the Cathedral Shrine of the Virgin of Guadalupe, followed by a brunch reception at the Marriott City Center (Plaza of the Americas) Plaza Ballroom. Children are encouraged to attend this family event. For more details, and to register for this event, visit www.stmsdallas.org.

When a lawyer drops the ball...

The Civil Rights Movement was not just a national effort; it was also a local effort, with some roots even buried in Dallas. Famous groups such as the National Association for the Advancement of Colored People (NAACP), the Congress on Racial Equality, and the Southern Christian Leadership Conference all had active local chapters in the Dallas area. A pivotal moment in Dallas’ Civil Rights history was the 28-day protest of downtown’s Piccadilly Cafeteria. Clarence Broadnax, the first African-American hairdresser employed at Neiman Marcus, was denied service at the cafeteria on the basis of his race. The long, peaceful protest ended only when the Civil Rights Act was signed into law by President Lyndon B. Johnson. During that 28-day window, Broadnax and his supporters unwaveringly, yet calmly, demanded equal rights, as the Piccadilly Cafeteria owners fervently denied them. But the largest demonstration in Dallas was the March of 3,000, which centered on voting rights. While the Civil Rights Act was signed into law during 1964, many states in the south had regulations and restrictions, such as the institution of at-large elections making it difficult for African Americans to vote. The march, comprised of Dallas residents of all races, peacefully filled the downtown area and was organized by the NAACP. The issue of at-large elections was hardly solved within a single decade. Atlarge elections are polls in which a person is elected to represent a large area, or several districts, while single district

elections enable each district to have its own representation in the government. Single district elections allow for more diversity of leadership, while at-large elections are easily manipulated with gerrymandering redistricting to ensure minorities do not see valuable representation in the nation’s leadership. In White v. Regester, US Supreme Court held that the drawing of both Dallas and Bexar county voting districts was unconstitutional, diluting the voting strength of minorities. Following that ruling, all large counties in Texas transitioned from at-large elections to single district elections within a few years. While the Civil Rights Movement made incredible progress, the effort is hardly over. Discrimination, while more thinly veiled, is still apparent in America and Texas. Just in 2003, United States District Judge Sanders ruled that the Dallas Independent School District was finally no longer segregated and no longer in need of his oversight, resolving a case that started 31 years earlier. Yet in 2013, Texans filed more charges of discrimination to the Equal Employment Opportunity Commission than citizens of any other state—9,068 to be precise. The Texas Civil Rights Project is always looking for attorneys willing to offer pro bono work to help those still oppressed. While Dallas, and Texas, is home to some of the most powerful efforts to end racism, those ongoing efforts HN depend on all of us. Linda Dedman is a commercial policyholder advocate and serves as an officer for the DBA Business Litigation Section. Madeline Ball is a Cornell College summer intern with Dedman Law, PLLC.

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Mock Trial Compe��on Dates: January 24‐31, February 7 and March 5‐7, 2015 See website for details: www.dallasbar.org.mocktrial To volunteer, or for more informa�on: ktaylor@dallasbar.org | (214) 220‐7484.

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In her role as corporate counsel for Luminant, the largest competitive power generator in Texas, Ashlie Alaman handles a variety of matters spanning across multiple practices. Her work for DVAP includes volunteering at monthly clinics, serving as a volunteer attorney for pro se clients at the monthly prove up at the courthouse, and representing clients in a variety of cases. Ashlie was also recently added to the leadership team for the Pro Bono Small Business Legal Clinic, which is hosted twice a year in conjunction with DVAP. Since taking her initial DVAP case in August of 2013, Ashlie has committed to take at least one case each month. As in her “day job,” her work with DVAP is anything but routine, with case scenarios that can be similar to law school exams. It’s all in a day’s work for Ashlie and it’s what she loves about her practice at Luminant and her work with DVAP. Thank you for all you do, Ashlie!

Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.

Sept e mb e r 2 0 14

Focus

D al l as Bar A ssoci ati on l Headnotes 13

Sports & Entertainment Law

No Room For Racism: NBA Can Force Sterling To Sell by Kate Cassidy and Sarah Sharrar

The 2014 NBA playoffs were in full swing. In fact, it had been one of the most entertaining first rounds in years; it seemed that almost every game was coming down to the final seconds. It was all everyone was talking about, until the end of April when a tape recording of the Los Angeles Clippers’ owner, Donald Sterling, making racists comments to his girlfriend, V. Stiviano, went viral. The recording included Sterling saying things like “Yes, it bothers me a lot that you want to broadcast that you are associating with black people” and asking Stiviano not to bring African-Americans to Clippers’ games. In response to Sterling’s statements, numerous former NBA stars demanded action, players threatened to boycott, and high-profile sponsors suspended their deals with the Clippers. After a short investigation to determine the tape’s authenticity, the NBA commissioner, Adam Silver, charged Sterling with conduct detrimental to the league and levied a $2.5 million fine and a lifetime ban from the NBA. In addition to imposing the fine and lifetime ban, Commissioner Silver said that he will “urge the [owners] to force a sale of the team and will do everything in [his] power to ensure that [it] happens.” Under Article 13 of the NBA Constitution, owners have the authority to force the sale of a team in special circumstances, with three-fourths affirmative vote. The owner’s strongest argument to terminate Sterling’s ownership under Article 13 is section (d), which provides for termination of an owner who “fails[s] or refuses[s] to fulfill its contractual obli-

gations to the Association, its Members, Players, or any other third party in such a way as to affect the Association or its Members adversely.” Sterling’s discriminatory actions and discriminatory positions are directly adverse to the Association’s commitment to diversity and inclusion, as well as, damage the NBA’s relationship with fans, players, and sponsors. Further, Sterling violated his contractual obligations, found within the numerous documents he signed to become an owner that are laden with broad moral clauses requiring Sterling to not act in a manner detrimental to the NBA. The owners also have a cause of action under Article 13(a), which states that an owner may be terminated if he “willfully violates any provisions of the Constitution or By-laws.” Sterling willfully violated the Constitution when, during the investigation of the tape recording, he destroyed evidence, provided false and misleading evidence, and made a false and misleading statement to the public. Lastly, with Sterling’s refusal to pay the $2.5 million fine Commissioner Silver imposed, the owners can terminate his interest under Article 13(c), which provides that an owner may be terminated upon failure to pay any indebtedness owing to the league. The NBA initiated the termination procedure on May 19, 2014, with a written charge describing Sterling’s violations. Pursuant to the NBA guidelines, Sterling submitted a timely written response to the termination charge on May 27, 2014. Commissioner Silver then scheduled a special meeting for June 3, 2014, to allow both sides to present evidence and for the owners to vote. If Sterling’s interest was terminated, the

team would be temporarily managed and controlled by Commissioner Silver until later sold at auction. The special meeting became unnecessary because on May 29, 2014, Shelly Sterling, acting on behalf of the Sterling Trust signed an agreement with Steve Ballmer, former Microsoft CEO, to sell the Clippers for $2 billion, a price 133 times the value of the operating income of the team. Even with a record-breaking deal, Sterling still filed suit to block the sale, arguing that Shelly did not have the authority to sell the team. The ownership interest of Clippers is held in the Sterling Family Trust where Shelly and Sterling are both coadministrators. However, prior to the sale negotiations, Shelly had two doctors examine Sterling and declare that he was mentally incapacitated and unable to

SAVE THE DATE! Evening Ethics Tuesday, October 14 ~ 6:00 to 9:00 p.m. At the Belo Mansion (Ethics 3.00, pending) $25 for DBA members. ($90 for non-members). Price includes light buffet. For more information, contact kzack@dallasbar.org.

act as an administrator. Sterling argued that he did not know the purpose of the examinations, and had he understood what was being tested, he would have taken it more seriously. On July 28, 2014, Judge Michael Levanas of the Los Angeles County Superior Court ruled that Shelly’s removal of Sterling as coadministrator was appropriate and that the sale of the team can be completed. However, this could be a short-lived victory because Sterling still has two other lawsuits pending and can contest the cur HN rent ruling next month. Kate Cassidy is the Associate Counsel for Rangers LLC Baseball. Sarah Sharrar is a May 2014 graduate of Marquette University Law School. This article reflects the authors’ personal beliefs and does not necessarily reflect the beliefs or opinions of Rangers Baseball LLC or Major League Baseball. Ms. Cassidy can be reached at kcassidy@texasrangers.com.

SIGN-UP NOW TO MENTOR A HIGH SCHOOL STUDENT BY EMAIL! Be a positive role model to a DISD high school student by mentoring them via e-mail. The new and improved 2014-2015 E-Mentoring program will feature bi-weekly e-mail topics designed to help structure and encourage meaningful discussion. Sign up at www.dallasbar.org/ementoring. Returning mentors must sign up every year.

Welcome, fellow deans.

As both the dean of Dallas’ newest law school and the longestserving (at only 14 months) of the new crop of DFW law school deans profiled in this issue of Headnotes, allow me to welcome my colleagues, Andrew Morris of Texas A&M University School of Law and Jennifer Collins of the SMU Dedman School of Law. It’s a new era for legal education in DFW, and it’s wonderful to be part of it alongside such distinguished legal minds.

Judge (Ret’d) Royal Furgeson, Dean UNT Dallas College of Law

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

Septem ber 2014

Welcome New Law School Deans by Jessica D. Smith

As we welcome the cooler weather of autumn, and many prepare to start a new school year, the Dallas legal community also welcomes three new deans at our local law schools. Jennifer M. Collins, SMU Dedman School of Law; Hon. W. Royal Furgeson, Jr., UNT Dallas College of Law; and Andrew Morriss, Texas A&M Law School, are all looking forward to the opportunities and challenges of their newly named positions.

SMU Dedman School of Law

Before finding her new home at SMU Dedman School of Law, Dean Jennifer Collins, a nationally respected legal scholar and former federal prosecutor, previously served as vice provost and professor of law at Wake Forest University. She graduated magna cum laude with a J.D. from Harvard Uni- Jennifer M. Collins versity and received her B.A., cum laude with Distinction in the Major, from Yale University. After graduating from Harvard, she clerked for Judge Dorothy Nelson of the Ninth Circuit Court of Appeals. “I am delighted to be in Dallas at SMU Dedman School of Law,” said Dean Collins. “The law school’s centennial is fast approaching, and we are so proud to have served this community since 1925. With more than 15,000 graduates, SMU Dedman School of Law has a national and international reputation of training prominent lawyers in both law and business.” “Responding to the challenges confronting legal education is certainly a huge priority,” she added. “We are actively pursuing innovative ways for our current students

to gain practical legal experience in areas that complement our curricular strengths.” Dean Collins’ teaching background is wide-ranging and includes courses in criminal law, criminal procedure, family law, gender and the law, career development and legal professionalism. Prior to Wake Forest University, Dean Collins was in private practice in Washington, D.C., and served as an Assistant U.S. Attorney in the District of Columbia, specializing in homicide cases. She also served as an attorney-advisor in the Office of Legal Counsel at the Department of Justice. She is excited to be joining SMU and the Dallas legal community. She noted that “We are so fortunate to be located in Dallas, with its thriving economy, corporate headquarters and outstanding legal community. In that regard, another of my key priorities is continuing to build our ties to our alumni, to the legal community generally, and to the city of Dallas. We look forward to continuing to develop the city’s next century of leaders.”

UNT Dallas College of Law

A former Senior U.S. District Judge in the Northern District of Texas, a federal judge for more than 18 years, and a practicing lawyer for more than 24 years, Dean Royal Furgeson, Jr. has seen the legal profession change in numerous ways. And now he is on the forefront of a new wave of change—that of the first public law school in Dallas. Being named the founding Dean of the new UNT Dallas College of Law, Dean Hon. W. Royal Furgeson has a unique Furgeson, Jr. path ahead of him. “Over the last 10 years, legal education has been the subject of a growing

body of examination suggesting that law schools can improve instruction through the development of clearly stated learning objectives and regular assessments,” said Dean Furgeson. “We are embracing these precepts to create a teaching format that we believe will enhance retention and benefit our students. Statistics show that a very large percentage of our population, including the middle class and small business, don’t have access to lawyers and the law,” he added. “We plan to encourage our students to consider alternative kinds of legal representation that might address this issue. It is an opportunity that can make a difference for them and for society.” A graduate of Texas Tech University and the University of Texas School of Law, where he was an associate editor of the Texas Law Review, Dean Furgeson has been honored with numerous awards, including the Distinguished Alumnus Award by the Texas Tech Alumni Association, the West Texas Legal Legend Award by the Texas Tech University School of Law, the 2010 Distinguished Counselor Award by the State Bar of Texas Antitrust and Business Litigation Section, the Luke Soules Award by the State Bar of Texas Litigation Section, the Leon Green Award by the Texas Law Review, and the Faculty Award by the University of Texas School of Law.

Texas A&M University Law School

The newest local dean to be named is Andrew Morriss of Texas A&M University Law School. Dean Morriss began his legal career as a law clerk to U.S. District Judge Barefoot Sanders. He then worked for two years as an attorney for Texas Rural Legal Aid before clerking for U.S. Magistrates William Sanderson Jr. and John Tolle in the Northern District. Prior to joining Texas A&M School of Law, he served as the D. Paul Jones, Jr. & Char-

lene A. Jones Chairholder of Law at the University of Alabama School of Law. Dean Morris, a nationally prominent legal scholar, holds a Ph.D. in economics from MIT, a JD and an M.Pub.Aff. from the University of Texas at Austin, and an A.B. from Princeton. He also serves as the Anthony G. Buzbee Andrew Morriss Dean’s Endowed Chairholder. “I am excited to be a part of Texas A&M School of Law—we have a unique opportunity to marry a law school with a strong faculty and student body with a top tier public research university like Texas A&M. This gives us a chance to build some exciting things for our students,” said Dean Morriss. He is a leader in many research centers and foundations, including Senior Fellow of the Property and Environment Research Center; Chair of the Editorial Board of the Cayman Financial Review; Research Scholar at the Regulatory Studies Center, George Washington University; Research Fellow of the NYU Center for Labor and Employment Law; and Senior Fellow of the Reason Foundation. “There’s no better place to be in law school today than in the DFW area— going to law school in a region where there will be more potential clients in 10 years than there are today is a key for building a successful career,” said Dean Morriss. “And there’s no better network for future lawyers than being part of the Aggie family. Putting those two things together is a real advantage for our students.” The Dallas Bar Association welcomes Dean Collins, Dean Furgeson and Dean Morriss and looks forward to working HN with them in the future.

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Dal l as Bar A ssoci ati on l Headnotes 15

Sports & Entertainment Law

Reality Check: Is “Gambling” on Fantasy Sports Legal? by James Ray

Some of us have childhood dreams of making game-winning plays in front of a mass of cheering fans. Most will never realize that particular dream, but all hope is not lost. For those that are willing to work tirelessly and devote all of their time, energy, and focus to a winning mentality, glory is within their reach. Extraordinary dedication (and a little luck) is what is required to succeed in the world of fantasy sports. By way of background, fantasy sports leagues are competitions between contestants that select athletes in a given sport. The winners of the competition are based on the accumulated statistics of individual athlete performances, such as yards gained in football or batting average in baseball. This fall, meticulously managed teams like “Turn down for Watt,” “Brady Gaga,” or “Teenage Mutant Ninja Bortles” will reign over the competition. Other than bragging rights among your friends and the acknowledgement that you are superior in every way imaginable, what can you gain from your brilliant draft strategy and in-season wheeling and dealing? Is it legal to not only deprive the competition of any semblance of self-worth, but also to parlay your fantasy prowess into monetary gain? Millions of people in the United States believe the answer to this question is yes—or they just do not care if it is legal or not. The Fantasy Sports Trade Association estimates that on an annual basis 32 million Americans spend $467 per person or about $15 billion on fantasy sports. Although the typical participant likely spends $500 or less a year on the

endeavor, some invest substantially more. For instance, the Fantasy Football World Championship calls for an entry fee of $1,695 with a grand prize of $150,000. Under federal law, playing fantasy sports for money via the Internet is not illegal, per se. The Unlawful Internet Gambling Enforcement Act of 2006 (the Act) includes an explicit carve-out which attempted to clarify the legality of fantasy sports games. Specifically, fantasy sports are exempt from the Act where: (1) the value of the prize is not determined by the number of participants or the amount of fees paid; (2) all winning outcomes reflect the relative knowledge and skill of the participants; and (3) the fantasy game’s result is not based on the final scores of any real-world games. Although the first element can be somewhat problematic, most versions of fantasy sports comply with federal law. State regulations may be stricter than federal law. Under many state laws, fantasy football contests are illegal if they involve three elements: consideration (e.g., an entry fee), reward (e.g., a prize) and chance. The precise definition of “chance” varies by state. In Texas, gambling is a crime. Under Chapter 47 of the Texas Penal Code, it is illegal to “Bet” on the final result of a game or “on the performance of a participant in a game.” A “Bet” means an agreement to win or lose something of value solely or partially by chance, but does not include compensation to contestants in a bona fide contest for the determination of skill. Given weather conditions and inevitable injuries to star players, every fantasy football contest involves some degree of chance. But everything that contains an element of luck is not gambling.

So, what ratio of skill to chance is required to establish a bona fide contest of skill? The adjective “bona fide” typically means mere good faith, honesty, and an absence of deceit. With this in mind, knowledge based games (e.g., trivia) and athletic ability contests (e.g., golf?) likely qualify as bona fide contests of skill. However, by leaving “bona fide contest” undefined, the Texas legislature has given the courts a great degree of discretion to determine Texas’ policy toward gaming. The 2014 fantasy football season is underway. Before selecting their players, some team owners take matters very seriously and compile and analyze years of statistics. These owners could tell you the

weather forecast at 7:30 p.m. CST in East Rutherford, New Jersey on November 23rd when the Cowboys play the Giants. Others take a more whimsical approach and select their players based on team colors, alma mater allegiance, intangibles, or a desire to connect themselves to people with nicknames like “Johnny Football.” If the latter methodology can be used to win consistently, fantasy sports is less like a bona fide contest of skill and more like a game of random chance. Nevertheless, there is no end in sight for this new multi HN billion dollar industry. James Ray is an associate at Munsch, Hardt, Kopf, and Harr, P.C., and can be reached at jray@munsch.com.

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16 H e a d n o t e s l D a l l a s B a r A s s o ciationâ&#x20AC;

Focus

Septem ber 2014

Sports & Entertainment Law

Five Things You Must Know About Reality Television Deals by Evan M. Fogelman

From my perspective as Television Production Counsel doing the legal work related to television programming actually under contract for broadcast by traditional or cable networks, unscripted showsâ&#x20AC;&#x201D;often referred to as â&#x20AC;&#x153;Reality TVâ&#x20AC;?â&#x20AC;&#x201D;are here to stay. State production incentives, the relative low cost of concept and talent acquisition and the sheer volume demands of so many television stations encourage continued unscripted programming development. Thus, it comes as no surprise that a colleague will call me to ask questions about a reality TV contractâ&#x20AC;&#x201D;usually a talent agreementâ&#x20AC;&#x201D;offered to his or her

client. During those calls, I address five contract and television industry business standards of which every lawyer who does not practice in the area should be aware. Most unscripted television programming is developed and acquired by â&#x20AC;&#x153;outsideâ&#x20AC;? producers. By â&#x20AC;&#x153;outside,â&#x20AC;? I mean companies that are in no way part of the ultimate broadcast network. You have never heard of many of these companies. They are not household name brands like their broadcast pairings, but you can see their names often delineated at the end of shows during the production credits. They license and acquire all show concepts and talent on a turnkey basis and then, by the likes of a master production

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style agreement, turn everything over to the marquee names you recognize. This producerâ&#x20AC;&#x2122;s contract with the network necessarily governs the producerâ&#x20AC;&#x2122;s contract terms with your client and you should get used to the idea you may never be able to see it. It may be proprietary, but even more relevant is that you are not negotiating with the broadcast network. Therefore, your diligence must bring you to an understanding of the generally accepted industry standards upon which that larger contract is based. One of the incentives for networks to use â&#x20AC;&#x153;outsideâ&#x20AC;? producers is that they do not have to deal directly with the talent. Talent compensation is generally paid on a per-episode-appearance basis within a certain number of days after completion of the photography for that episode. Here it is key to understand that the broadcast contract will be on a â&#x20AC;&#x153;cycleâ&#x20AC;? basis. Accordingly, if your client is to be paid a certain amount per cycle episode and that cycle is, say, 18 episodes, but the first season is 14 episodes and those remaining 4 episodes are held over for broadcast in the second season, your dreams of negotiating that big raise after the first year may be dashed. And it is also important to know that, especially for new talent, there is generally no â&#x20AC;&#x153;pay or playâ&#x20AC;? mandate. If pay is on an appearance basis and your client does not appear in an episode, then he or she will not be paid for that episode. Your client is not a major star yet. There is no obligationâ&#x20AC;&#x201D;just a rightâ&#x20AC;&#x201D;to utilize his or her talent. Ownership of all intellectual property (IP)related to the show is acquired by the producer and, ultimately, owned

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by the broadcast network. Yet you would do well to remember that IP related to the show might not necessarily mean IP created before the show or unrelated IP created during the show. This is particularly important when the talent you are representing is a business or activity that provides the conceptual foundation or even the name of the program. It is up to you to carve out exceptions. For example, imagine that your client is a goose hunter who had been producing goose calls for years and becomes the main character in a TV show called â&#x20AC;&#x153;Goose Dynasty.â&#x20AC;? Unscripted does not mean undirected. â&#x20AC;&#x153;Realityâ&#x20AC;? television still must be orchestrated into narrative or plot formats for entertainment purposes. And that includes characterization. This is why most talent agreements contain an â&#x20AC;&#x153;unflattering lightâ&#x20AC;? provision that most production counsel are not flexible about removing. Reality TV is not PBS Documentary programming, and accuracy of depiction is thus not always warranted. Many lawyers unfamiliar with TV contracts become agitated over this provision and created client expectations out of line with industry standards. As a conclusion, let me remind you that ratings drive the business. No matter how savvy a negotiator you are, nothing will enable your position better than a first season success. If successful enough, everything may be re-negotiable. I hope to see you around the show, â&#x20AC; HN so to speak! Evan M. Fogelman, former Chair of the SBOT Entertainment & Sports Law Section, is Senior Counsel at Underwood Perkins, P.C. and an Adjunct Professor at SMU Dedman Law School where he teaches t Entertainment Law. He can be reached at efogelman@uplawtx.com.

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Sept e mb e r 2 0 14

Focus

Dal l as Bar A ssoci ati on l Headnotes 17

Sports & Entertainment Law

Commonalties Between the Dallas Mavericks, Cirque du Soleil and Susan Boyle by Steve Ladik

What do the Mavericks, Cirque de Soleil and Susan Boyle all have in common? All are called upon to navigate some of the most complex laws found in American jurisprudence to obtain visas to come to this country to entertain us. In fact, in 1977, Judge Irving Kaufman compared the Immigration Act to King Minos’s labyrinth in ancient Crete, saying that these laws were examples of “Congress’s ingenuity in passing statutes certain to accelerate the aging process of judges.” The intervening 37 years have complicated matters further; hundreds of pages of new regulations have been added to the immigration legal literature to “assist” us in determining which basketball player, trapeze artist or singer is worthy of our beneficence through the issuance of a visa which will allow them to earn a living here. With the current immigration crises facing this country on a daily basis, one might wonder why our laws place so much focus on the control and admission of sports figures and entertainers, but that policy debate will have to wait for another day. The fact is that there are over seven visa categories (with multiple sub-cat-

egories) devoted solely to entertainers and athletes. These visas must be applied for and approved in order for “the show to go on.” Unfortunately, far too often, performers are signed for an event, the venue is booked and the tickets are sold before someone realizes that the star of the show does not have a visa to get into the U.S. The liability for such a strategic failure can be staggering and the pressure on the agent, the artist and the immigration lawyer can be enormous. To their credit, the various agencies involved in the process normally have procedures and contacts who can expedite these matters. In fact, the State Department in Washington even has a Sports United office that handles just such sports-related emergencies. After a major NHL trade where the U.S. team is short a player and is required to pay the newly acquired player immediately, a general manager will not be happy to hear that a visa appointment is not available at a U.S. consulate for two weeks! These visas generally fall into the O and P visa categories and various versions can be used by those engaged in athletics (this would include any occupation related to athletics), those who are purely athletes (this would not

include non-athlete team personnel, although I have successfully argued that a poker player is an “athlete”), individuals in the motion picture or television industry, members of the visual or performing arts, entertainment groups, reciprocal exchange artists (think of a U.S. and overseas theater company exchanging actors), culturally unique artists such as ballet folkloric dancers and circus performers. Additionally, most of these visa categories have analogous visas for those who support the primary visa holder. These could include a caddy working with a golfer, a sail-maker assisting the sailor athletes in an international sailing regatta, a roadie for a rock band or a piano tuner for a concert pianist. Sadly, in spite of the fact that these individuals provide tremendous artistic, cultural and entertainment contributions to our country, the visas they require are becoming increasingly difficult to obtain in a timely manner. Lawyers from across the nation report high rates of Requests for Evidence (RFE) that slow the process and risk cancellation of performances. These rejections are often based on agency misunderstanding of the business of sports and entertainment as well as the extremely

complicated agency instructional guidance memos that do not match the reality of the business world. For example, although the regulations state that an agent may serve as a petitioning sponsor for workers who are traditionally selfemployed, the template agency RFEs routinely ask for contracts with employers as evidence of an employment relationship and only allow an agent to file as the actual employer, as an agent for other multiple employers or as an agent for a foreign employer. Even though it is commonly known that many artists and individual athletes are self-employed, these individuals frequently waste precious time needlessly explaining that there is no employer or employment contract to submit. The immigration regulations continue to rival the labyrinth in ancient Crete. As one who struggles daily with my colleagues to make sense of their convoluted logic, I sometimes think that, somewhere hidden away in a Washington office, King Minos is still crafting rules that continue to accelerate the aging process of judges and law HN yers alike. Steve Ladik is a partner at Fragomen Worldwide and can be reached at sladik@fragomen.com.

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

Column

Septem ber 2014

Ethics

For Want of a Nail…a Kingdom Was Lost by Katherine C. Hall

For want of a nail, a horse shoe was lost …a horse was lost … a rider was lost… a message was lost…a battle was lost…a kingdom was lost. And all for the want of a horseshoe nail. The proverb shows how even seemingly small things can be vitally important. More than 8,800 grievances were filed against Texas lawyers in the past year. Of those, 1,567 were determined to be complaints. The rest were dismissed as inquiries. Filings were especially high for a handful of areas: criminal law (2,366), family law (989), and civil law (744). A significant number involved non-client relationships (2,074).

Among the most frequent complaints are that a lawyer has neglected legal work – the proverbial “missing nail.” Here is a quick review of the primary disciplinary rule, examples of censurable behavior, potential consequences for clients, and what we can do to improve. “In representing a client, a lawyer shall not: (1) neglect a legal matter entrusted to the lawyer.” Neglect signifies “inattentiveness involving a conscious disregard for the responsibilities owed to a client or clients.” Tex. Disciplinary Rules Prof’l Conduct R. 1.01(b), (c), reprinted in Tex. Gov’t Code Ann., tit. 2, subtit. G, app. A (West 2005) (Tex. State Bar. R. art X, § 9). A revealing Dallas case illustrates an entire constellation of neglectful conduct.

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After agreeing to represent a client, lawyer Roger Joyner filed a case one day beyond the limitations period. He remained lead counsel of record, but associated with another attorney. He then failed to: respond to discovery requests; seek an extension of time to respond; respond to a motion for summary judgment; appear at a hearing; or file post-judgment motions or notice of appeal. When the Commission for Lawyer Discipline brought a disciplinary action against him, he argued he had acted in good faith by associating with competent counsel. The trial court, however, granted a judgment of partially probated suspension against him. Joyner v. Commission for Lawyer Discipline, 102 S.W.3d 344 (Tex. App. – a Dallas 2003, no pet.). Even experienced, well-intentioned lawyers can find themselves jostling for time, with too little leeway to negotiate a wise course. But lawyers who plan ahead are able to avoid problems like those listed in the Texas Bar Journal each month. Examples of neglecting legal matters include: • Failing to meet scheduling order deadlines; • Failing to appear at a scheduled hearing regarding temporary orders; • Neglecting traffic ticket matters (arrest warrants were issued for clients, and one client was arrested); • Failing to complete settlement of a case; • Failing to appear for trial; and • Failing to perform any legal service. How might these affect clients? Comment 7, which follows Rule 1.01, focuses attention on the dangers and concerns for clients: Perhaps no professional shortcoming

is more widely resented than procrastination. A client’s interests often can be adversely affected by the passage of time or the change of conditions; in extreme instances, as when a lawyer overlooks a statute of limitations, the client’s legal position may be destroyed. Under paragraph (b), a lawyer is subject to professional discipline for neglecting a particular legal matter as well as for frequent failures to carry out fully the obligations owed to one or more clients. A lawyer who acts in good faith is not subject to discipline, under those provisions for an isolated, inadvertent or unskilled act or omission, tactical error, or error of judgment. Because delay can cause a client needless anxiety and undermine confidence in the lawyer’s trustworthiness, there is a duty to communicate reasonably with clients; see Rule 1.03. (emphasis added) In addition to the devastating consequences for clients, lawyers’ professional and personal lives can be ruined. Outcomes can include disbarment, suspension, fines, and loss of business and reputation. Many problems like these can be prevented. Lawyers can arrange to: • have a back-up or reserve lawyer to help in the event of emergency; • set thoughtful limits on how many clients and what kind of work to accept; • discuss important issues with clients and associates and clients promptly; and • use robust calendaring systems. We can affirm our commitments to our clients, starting today. Even seemingly small HN things can be determinative. Katherine C. Hall is a Dallas lawyer. She can be reached at khall. atty@sbcglobal.net.

Sept e mb e r 2 0 14

Focus

Dal l as Bar A ssoci ati on l Headnotes 19

Sports & Entertainment Law

“Piracy Proofing” Methods of Online Content Distribution by Melissa M. Lum

Revenue loss from digital piracy has been a prevalent concern among content creators ever since the popularization of peer-to-peer services. Rather than rely exclusively on litigation that could negatively impact relations with consumers, more businesses have attempted to adopt a piracy proof distribution model. This article will generally touch on the distribution models in response the possibility of piracy.

Digital Rights Management

Digital Rights Management (DRM) is the class of technologies that are often used to place restrictions on digital formats of motion pictures, visual media, music and other types of copyrightable content. DRM files commonly prevent users from opening media with unauthorized programs, as well as duplication and sharing. This is often done through encryption or a license framework. Well implemented DRM allows easy access to consumers, and has the potential to facilitate controlled distribution of content with customer goodwill intact. Poorly designed or faulty implementation drives media consumers to obtain content through other means, including piracy.

Walled Gardens

The creation of walled gardens was a popular response to content providers’ concerns about illegal file-sharing from the popularization of peer-to-peer file-trading services. A walled garden is a closed software system where access and use of content is controlled by the service provider. Netflix, iTunes, video game consoles, HBO and Apple’s IOS are suc-

cessful examples of this model. However, even the successful examples have shown that they are still subject to piracy. HBO’s Game of Thrones series broke the record for simultaneous downloads of a single file this April. There has been debate about whether the loss due to piracy actually merits the cost of maintaining such systems. In 2009, iTunes, an early proponent of the walled garden approach, dropped the DRM restrictions on their songs to adopt a more open system.

Open systems

Open systems often allow users to upload, edit and share content on a common platform. In these systems, consumers are not required to register or pay to view content, which allows content on open systems to reach a wider audience than content in the walled garden system. DRM can be seen as a negative feature in these systems. Content creators may still assert control over access to varying degrees, but these systems will get a wider and more varied range of content through user uploads. This would include uploading content that may infringe on content creators’ rights. YouTube, Vine and Deviantart are notable examples of these types of systems. In the wake of lawsuits regarding uploaded content, YouTube has established a system of compensation with their registered content creators. While the rates for content played on YouTube may only be cents on the dollar, it allows a content creator to recover the losses on content unlawfully uploaded by third parties. Open systems can also arrange a payment between the content creator and consumer directly or provide content without a monetary exchange. In these

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systems, a content creator has responsibility to check for unauthorized uploads.

Direct Distribution

Finally, some content creators have decided to forgo DRM entirely and seek primary revenue through the honor system, merchandising or donation. There is a clear added risk of loss through piracy, but direct distribution may be seen as worth the advertising potential of selling DRM free content. This method has been very popular with starting musicians since it allows for direct sales with a consumer and fosters a direct relation-

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ship with end users. Distribution through a closed system, an open system or direct distribution with or without DRM are only general accounts of the ways content creators can approach the concerns about digital piracy. The benefits of selling content through one or a combination of these general categories of distribution will vary based on the prospective audience and types of content. In the end, the convenience of purchase HN should always be the focus. Melissa Lum is an attorney at the Law Office of Melissa M. Lum. She can be reached at mlum@lumlegal.com.

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

Focus

Septem ber 2014

Sports & Entertainment Law

The NCAA, Northwestern University and the First Student-Athlete Union by Philip McNicholas & Tony Barbieri

The NCAA has been the leading college-sports regulatory authority since the early 1900s, freely promulgating rules and regulations on its member schools and student-athletes. Recently, a variety of legal challenges have been made against the NCAA. Current and former student athletes have at least 10 lawsuits against the NCAA for injuries suffered in collegiate competition. Additionally, former UCLA basketball star Ed O’Bannon and several co-plaintiffs sued the NCAA for using their images and likeness without compensation. Former Arizona State quarterback Sam Keller and others filed a similar lawsuit, which the NCAA settled for a rumored $20 million. Numerous other current and former student-athletes sued the NCAA to challenge its restriction on the amount of compensation that a student-athlete can receive, alleging that the NCAA and its member universities have

conspired to limit their benefits to only tuition, room and board, and related costs. These suits have all garnered a lot of media attention but, currently, the most significant legal situation involving the NCAA is the Northwestern University football team’s efforts to form a labor union—the College Athletes Players Association (CAPA). After Northwestern initially rejected the effort, students filed a complaint with the NLRB. The NLRB’s Regional Director in Chicago ruled that Northwestern’s football players are university “employees” and eligible to form a union and negotiate with their “employer,” i.e., their school. In ruling that football players are “employees,” the Regional Director ignored the “primarily economic” versus “primarily educational” test that had been used by the NLRB in the past to determine whether graduate assistants were university employees. The Regional Director also gave no weight to other arguments, such as the fact that scholarship and non-schol-

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arship athletes play together on the same team and are subject to the same rules; and he was not persuaded by the argument that all college athletes enjoy the benefits of college sports—such as enhanced job prospects after college. Instead, the Regional Director noted that football players are controlled by different rules than typical Northwestern students, and focused on the extensive hours players spend on footballrelated activities throughout the year. The Regional Director concluded that players receive full scholarships in exchange for football-related services, and therefore are “employees” and eligible to unionize. Displeased with the Regional Director’s ruling, Northwestern, with the NCAA’s backing, filed an appeal to the NLRB’s National Office. At the time this article was written, the appeal has not been decided. If the NLRB’s ruling is upheld, and the football team votes in favor of a union, the first student-athlete union will be created. According to the Northwestern players, unionizing will allow them to collaborate with university administrators on practice hours, game scheduling, medical/disability benefits and other “student-athlete” issues. They will also likely demand additional compensation above and beyond their scholarships. CAPA will obtain the same rights held by all other unions, including the right to strike and to collectively bargain. One can only assume that, if the NRLB’s ruling is upheld, student athletes at other private universities will follow this precedent and form their own unions. Student-athletes at public universities may also pursue unionization, but the NLRB does not govern unions of public employees, so different standards would apply.

The Northwestern decision could have a long-term impact on college sports and colleges in general. In addition to studentathletes, any private-college student on scholarship could argue that they are an employee. This opens the door to a whole slew of state and federal employmentlaw issues: including taxes (income taxes, unemployment, social security); the Fair Labor Standards Act; wage and hour laws; immigration (foreign students); ERISA; employer mandate of the ACA; occupational safety and health; coverage under the various anti-discrimination laws; workers’ compensation; and vicarious liability for “employee” torts. Other issues could include intellectual-property rights (which may be cleared up with the outcome of the pending lawsuits against the NCAA). The end result could lead to higher costs to certain universities. Some people believe that universities might eliminate athletic or “performance-based” scholarships. This would likely harm the athletes and their families, and the school’s revenues might suffer, which could result in diminished academic programs—not to mention changing the landscape of college sports for the fans. However, others contend that unions will protect athletes’ health and safety during and after college, and that ending the NCAA’s monopoly on college sports regulation will only make it better. Things are changing rapidly with the NCAA, and the Northwestern appeal will play a major role in re-shaping the NCAA HN in the future. Anthony J. Barbieri is a Shareholder at Kessler Collins PC and and Philip McNicholas is an Associate. They can be reached at ajb@ kesslercollins.com and pgm@kesslercollins.com, respectively.

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Focus

D al l as Bar A ssoci ati on l Headnotes 21

Sports & Entertainment Law

DIY Media Distribution: Eliminating the Middleman by Sally Helppie and Brent Turman

Back in what the studios would refer to as the good ol’ days, a filmmaker would be a failure if he did not have a distribution deal through a studio. The studio would pay an minimum guarantee to the filmmaker, and then dictate every aspect of how the movie would be advertised and distributed. Under this model, the film would start with a theatrical run and later move down the traditional “release windows” to pay-per-view, VHS/ DVD rentals and purchase, television, etc. Likewise, the publishing industry used to determine whose work was worthy of going to the press. If an author did not have a deal with a major publisher, she was seen as an amateur. There were no other legitimate alternatives to going with a large publishing house. But the tide is turning and DIY (do it yourself) is now a viable business model for the arts. Due to the shifting landscape of film and book distribution, lawyers must adapt in order to know how to guide their clients through these new processes. While the new models can be more lucrative for their clients, they can be more difficult for the lawyers. Where negotiating “the” distribution or publishing deal previously was the biggest hurdle to reaching profitability, we now have to counsel clients on the various revenue streams and how they interact. In an age where there are no gatekeepers (see YouTube), if our creative clients can produce quality content, they have the ability to reap most of the revenues themselves by choosing alternative distribution models. First, let us take a look at film distribution. The easiest, although usually not the most profitable, approach is making the movie available via a client’s website.

Selling digital downloads or DVDs via a personal site cuts out the majority of the middlemen, ensuring that more money goes into your client’s pocket. But without a middleman, your client is responsible for collecting and remitting required sales taxes, complying with internet and advertising regulations, handling the packaging and shipping of physical units (personally or through a “pick and pack” company), etc. All of these steps have legal implications. Amazon, iTunes and other digital “stores” can be accessed directly by filmmakers—provided they understand how to create the necessary “deliverables” in the proper formats. Broadcast and cable television is difficult for a DIY-er to access, but a lawyer often can reach the proper acquisition executive. One avenue that is sometimes overlooked is the movie theater. The misconception about movie theaters is that they are off-limits to filmmakers without tent pole features. But filmmakers have the ability to “four-wall” a theater, meaning that the filmmaker pays up front to rent a movie theater (or, more likely, one screen) for a period of time and receives all of the box office revenues. This gives the filmmaker a much larger cut of the money than if he were with a major studio. Sometimes theaters (especially the independents) will make one-off agreements to screen a particular film, splitting the box office receipts with the filmmaker. These agreements, while not requiring the payment of an up-front fee, necessitate consideration of marketing requirements and the effect on contracts the theater has with the studios and other distributors. Also, film festivals can help with marketing and building “buzz” for a movie before it is released it on various platforms. With a DIY approach, lawyers must advise their filmmaker clients about the

effect of the chosen release pattern. It will be very difficult to get a television release after a film has been available online. So if your client has sold some DVDs online, he will not be seeing his film play at Cannes or Sundance. Much like in the movie biz, there’s more than one way to successfully sell books and there are fewer obstacles in the publishing industry than ever before. In the past, the only option other than going through a major publisher was vanity publishing, where the author fronted costs and paid for a publisher to actually print copies of the book. As can be gathered from the name, vanity publishing traditionally carried a stigma and, in large, was not viewed as a commercially successful method. However, vanity publishers had the luxury of being less selective than the traditional “Big Six” publishers (now the Big Five), because they did not have to take a financial risk on the book itself. Aspects of vanity publishing are alive and well in today’s self-publishing marketplace, and the stigma has been fading in recent years. While technology has advanced by leaps and bounds, there’s still a market for printed books. Much like the “pick and pack” arrangement for DVDs, the DIY author can work with a third party to print books, but in much smaller quantities than a major publishing house. This process is called print on demand (POD). In recent years, POD has proven that it can be a commercially viable approach. As would be expected with the POD name, copies of a book are not printed until a customer makes an order. By using platforms like Lulu and Blurb, POD allows the author to minimize the financial risk of self-publishing. With the POD route, it is important that your client understands the pros and cons of each platform. Your client’s choice of

platform will affect the size of the per book royalty, fee structure, type of printing and avenues of distribution available, and will ultimately determine the break-even point. Also, remind your client that these platforms may not provide editing services, and the content he submits may be printed as-is. Once the book is “published,” it may be difficult, if not impossible, to make changes without additional expenses. When working with POD, authors can also receive higher per copy royalties by selling directly through their chosen platform’s site. But if your client wants to maximize per copy revenue, he can personally buy copies of the book from a print vendor, then sell (and ship) copies directly to the consumers. Authors beware: this approach requires some elbow grease. For others, technology has changed the way that people consume literature. The introduction of e-readers has eliminated some of the barriers to entry in the publishing industry. E-publishing greatly reduces the cost of production, as authors do not have to pay to print physical books. In fact, it is not uncommon for a DIY author to now release e-books without ever printing a single book. As with films, it is extremely important that your client understands how to provide “deliverables” in the correct format. Regardless what path of DIY distribution your creative client takes, be sure that he understands the legal consequences of the decisions along the way. After that, it is your client’s job to make high-quality content, then roll up his HN sleeves and get to work. Sally Helppie and Brent Turman are attorneys at Vincent Lopez Serafino Jenevein, P.C. They can be reached at shelppie@vilolaw.com and bturman@vilolaw.com, respectively.

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

Column

In The News

FROM THE DAIS

Brad Whitlock, of Scheef & Stone, L.L.P., gave a presentation at the Business Law Section of the Texas Bar’s CLE at the State Bar of Texas Annual Meeting. Susan Jeffus, of MoneyGram International, Inc., has been asked to join The Honorable Barbara M. G. Lynn Inn of Court; and spoke at the annual Texas Bar In-House Counsel Conference.

KUDOS

LLP, was elected Fellow to The College of Labor and Employment Lawyers. Kathleen McElroy LaValle, of Jackson Walker L.L.P., has been selected Executive Director and President of Dallas CASA (Court Appointed Special Advocates). Andrew Melsheimer, of Thompson & Knight LLP, has been elected Chair of the International Law Section of the State Bar of Texas.

Timothy Powers, of Haynes and Boone, LLP, has been named Managing Partner.

Brian A. Fisher, of Holmes Firm PC, has been named a Shareholder.

Frank L. Branson, of The Law Offices of Frank L. Branson has been named president-elect of the Association of Plaintiff Interstate Truck Lawyers of America.

Trent Rexing, of Kane Russell Coleman and Logan PC, has been accepted to the 2014 Dallas Association of Young Lawyers Leadership Class.

Stuart Bumpas, of Locke Lord LLP, has been recognized by the Dallas Historical Society for his philanthropic work with the 2014 Award for Excellence. Michael V. Powell, of the firm has been named Chair of the Firm’s Energy Litigation Practice Group.

Michael W. Stockham, of Thompson & Knight LLP, received the inaugural Pro Bono Award of Merit for his longtime participation in the U.S. District Court for the Northern District of Texas – Dallas division’s Pro Bono Civil Panel.

Lawrence Edward Ackels, III, of Ackels & Ackels, L.L.P., has been named Volunteer of the Year for the Dallas Urban Debate Alliance.

Anthony Ricciardelli and Sarah Sparling joined Brown Fox Kizzia & Johnson PLLC as Of Counsel and Associate, respectively.

Rebekah Steely Brooker, of Scheef & Stone, L.L.P, was sworn in as 2014 President of Texas Young Lawyer Association at the State Bar of Texas Annual Meeting. Michael K. Hurst, of Gruber Hurst Johansen Hail Shank LLP, received the 2014 Outstanding Mentor Award from both the Texas Association of Young Lawyers and the Dallas Association of Young Lawyers. Gary D. Eisenstat, of Figari & Davenport

MOVE

Lisa Yerger joined Fletcher, Farley, Shipman & Salinas, LLP. Lea C. Dearing joined Berman Fink Van Horn P.C. as a Senior Associate Attorney. William “BJ” Jones joined Kane Russell Coleman & Logan PC as Associate. Emily Wall joined Cavazos, Hendricks, Poirot & Smitham, P.C. as Associate. Theodore Baroody joined Carstens & Cahoon, L.L.P as Partner.

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Septem ber 2014

Connatser Family Law Kicks Off Equal Access to Justice Continued from Page 1

expunctions and non-disclosures, probate, real property, tax and wills cases. DVAP cases have varying levels of difficulty, ranging from very simple to contested matters, and many contested matters offer the opportunity to gain courtroom experience. In addition to representing DVAP clients, volunteer attorneys are also needed to interview applicants for legal services at clinics, provide advice to applicants, mentor other attorneys on their pro bono cases and make presentations to juveniles and their parents. Paralegals and other legal professionals can also help at legal clinics or by volunteering at the DVAP office. The support of Connatser Law Firm and DVAP’s host of dedicated volunteers provides great results for many clients such as “Shannon” who needed help with a custody case. Shannon had a child with her former boyfriend and was raising that child on her own. Several years later, her former boyfriend had another child with a teenager, and Shannon offered to raise that child since the

baby was the half-sibling to her own child. Both parents had no interest in raising the baby and accepted Shannon’s offer. Shannon welcomed the new child into her home and all went well until Shannon tried to get child support from her former boyfriend. He suddenly wanted to regain custody of both his children, hired a lawyer, and filed his conservatorship suit. Shannon applied for help from DVAP, and a DVAP attorney accepted the case and successfully challenged the boyfriend’s attempt to gain custody of his children. Without DVAP’s help, Shannon would have likely been unrepresented in her case and could have very well lost both children to an uninterested and uninvolved parent. To learn more about the Dallas Volunteer Attorney Program and the Equal Access to Justice Campaign, contact Alicia Hernandez at ahernandez@ HN dallasbar.org. Alicia Hernandez is the director of the Dallas Volunteer Attorney Program and the DBA director of community services. She can be reached at ahernandez@dallasbar.org.

Businessweek’s Barrett to be Keynote Speaker at Philbin Awards Continued from Page 1

at the Pavilion at the Belo Mansion. The luncheon is open to judges, lawyers and all members of the media. The keynote speaker for the luncheon is Paul M. Barrett, assistant managing editor and senior writer at Bloomberg Businessweek. He is responsible for writing articles and covering stories on subjects ranging from the environment to mass litigation to gun control to the big business of college and professional sports. Prior to joining Bloomberg Businessweek, he was an editor and legal affairs reporter for The Wall Street Journal. He held the positions of Supreme Court correspondent, Page One special projects editor and Page One news editor. He was previously a staff writer and editor for Washington Monthly. Mr. Barrett is the author of several books and at the luncheon will be speaking on his forthcoming book Law of the Jungle, which tells the story of the Chevron oil pollution case in Ecuador, will be published later this month and will be

available for sale and signing at the luncheon. His earlier books are GLOCK: The Rise of America’s Gun (2012), a New York Times bestseller; American Islam: The Struggle for the Soul of a Religion (2007); and The Good Black: A True Story of Race in America (1999). Mr. Barrett is a graduate of Harvard Law School and holds an A.B. from Harvard College. He teaches as an adjunct professor at New York University Law School. DBA members can reserve their seats now for the 2014 Stephen Philbin Awards Luncheon on Friday, October 17. To receive the early bird rate of $45 per ticket or $450 per table of 10, register by October 3. After October 3, tickets increase to $50; and tables of 10 can be purchased for $500. No walk-ins will be allowed. Don’t miss this exciting event! Purchase your ticket by logging on to www.dallasbar.org or by contacting Judi Smalling at jsmall HN ing@dallasbar.org. Jessica D. Smith is the DBA’s Communications/Media Director. She can be reached at jsmith@dallasbar.org.

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Classifieds

D al l as Bar A ssoci ati on l Headnotes 23

September

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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. 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, business valuation, credit damage 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.”

OFFICE SPACE

Pearlstone Suites in the West End of downtown Dallas are unique new law offices combined with professional law firm marketing services to help attorneys launch or grow a solo practice or small firm. Suites include these amenities at no additional cost: Direct dial phone with personalized voicemail and call forwarding, high speed Internet access, IT support, law office reception, on-site building security, conference rooms, kitchen and coffee service, fitness center, building directory listing, all utilities and CAM charges. Marketing services available include websites, branding, brochures, strategy, coaching and more. Pre-leasing discounts available. Visit www.pearlstonesuites.com or call (214) 4463943. North Dallas. Law firm located at Lincoln Centre has two partner size offices available. located at Tollway and LBJ; two conference rooms; break room/kitchen; copiers; postage machine. Email: dallasipfirm@gmail.com for more information. Large office and/or secretarial office available at 4054 McKinney Avenue. Shared conference and break room, copier, fax, DSL & phone equipment are available if needed. No long term commitment and a monthly rate of $850.00 for the unfurnished large office and $300.00 for the furnished secretarial office. Call (214) 520-0600. Offices available for rent with law firm located in Downtown Dallas Class A, Arts District building. Amenities include conference room, law library, secretarial station, kitchen, parking garage, photocopy/scanner/postage/facsimile and related amenities. Contact Laura at (214) 922-9265. Dallas Arts District: Offices available within law firm overlooking Klyde Warren

Park. From 190 to 320 sq. ft.; shared space includes conference room, kitchen. Please respond to Dallas Bar Association, Box 14-09, 2101 Ross Avenue, Dallas, Texas 75201 or call (214) 220-1210 ext. 102. Central Expressway | Park Cities – Varying sized offices and cubicles are available for rent. Office with several long-established law practices. Perfect for Solo practitioners and 2-to-3 partner groups. Your space comes with turnkey services, amenities and updated technology at affordable pricing. For pictures, floor plan and greater detail, please visit us at www.MeadowsLawCenter.com or call (214) 368-7880 Ext 4413. North Dallas office available with two other attorneys in recently- remodeled Club Corp building at Josey and LBJ. Free covered parking, 24-hr security, good deli. Office is 15’ X 16.’ Use of conference room, file cabinet, and book shelf included. Secretary available at hourly rate. $900/month. Call Kay at (972) 243-1999. Downtown Dallas – Office available, located in the historic KATY Building directly across from the Dallas County Courthouses. Receptionist, phone system, conference room, Wi-Fi, fax and copier available for tenants use. No lease required. Please inquire at (214) 748-1948.

POSITION AVAILABLE

Business litigation firm seeks experienced trial attorney with first chair trial, deposition, and appellate experience. Some existing hourly clientele a plus. Compensation negotiable. Firm offers first rate office facility, a tenured, experienced support staff, and good work environment. Send cover letter and resume in confidence to oaklawnfirm@aol.com. Health Law Attorney Needed Experience in healthcare regulatory and payment matters - Medicare, Medicaid, licensing, transactional or criminal law services to healthcare providers. We prefer a problem solver with a disciplined work ethic, excellent writing skills, good attitude who is selfmotivated and will participate in marketing & seminar presentations. Please email resume to markskennedylaw@msn.com. Litigation Legal Secretary/Paralegal. Litigation firm has an opening for a legal secretary/assistant. This job is in our Dallas office but may require periodic travel to our office in Corsicana, Texas and to court, meetings and properties all across Texas. Must have a minimum of 2 years’ legal experience, but title company employees (title examiners, etc.) and others with real estate experience are welcome to apply. Candidate must possess: strong typing skills, knowledge of Word, Excel, PowerPoint, WordPerfect, and Outlook. Westlaw or Lexis-Nexis a plus. Ideal candidate must be honest, responsible, diligent, analytical, friendly, and possess the ability to work well with or without supervision as needed. Excellent drafting and proofing skills a must. Position

2015 DBA COMMITTEE PREFERENCES

Please take a minute to submit your committee preferences online. Submit your preferences by Friday, October 10. Please note, if you are on a 2014 Committee you must still sign up again if you wish to continue to serve on a Committee in 2015. You will not be automatically assigned to Committees. Sign up online here: www.surveymonkey.com/s/Committees2015.

will include typical clerical duties, management of schedules, deadlines, expert materials, file materials, outgoing and incoming correspondence and documents, as well as filing documents with courts. Send resume, along with salary requirements and references to Jourdan@dawsonsodd.com.

Defense Law firm is looking for an experienced litigation attorney in the area of Health Law, Litigation and HIPAA Compliance. Must know e-filing and all paperless technology. Email assistant@dkshaw.com for more information.

Small AV rated North Dallas firm seeks experienced civil litigator, probate experience preferred. Send resume in confidence to: Dallas Bar Association, Box 14–07, 2101 Ross Avenue, Dallas, Texas 75201.

Real Estate and Finance Attorney. Over fifteen years major firm experience representing lenders, buyers and sellers of commercial real estate, including multi-state portfolios. Full or part time. Willing to maintain own insurance. Dallas area. Prefer real estate section of law firm. Respond to: Dallas Bar Association, Box 14-08, 2101 Ross Avenue, Dallas, TX 75201.

Come practice law with (not for) a really great 14-lawyer firm in beautiful offices in Campbell Centre. Walk in the door and start practicing immediately. We will take care of virtually everything else. Bring your own staff or we will supply. Contact Steve Palmer at (214) 242-6440 or spalmer@pamlaw.com. See our website at www.pamlaw.com. North Dallas. Intellectual Property Law firm located at Lincoln Centre is looking for a Patent Agent. At least 3 years’ experience in patent prosecution. Engineering or Computer Science preferred. Email: dallasipfirm@gmail.com for more information. Litigation Attorney. Full Time. We offer a competitive salary with comprehensive benefits package. Job description: High quality law firm seeks mid-level admitted attorneys for high balance debt collection and commercial litigation department. Immediate start date with our Dallas, Texas location. Since 1974, Jaffe and Asher LLP has represented clients ranging from individuals and small businesses to Fortune 500 companies, in a full range of civil legal matters. Jaffe & Asher is a full service civil law firm. Their practice spans a broad range that includes commercial litigation, creditors’ rights, bankruptcy, real estate and real estate finance, general business and corporate transactions, family law, insurance, and civil appeals. Job Requirements: Juris Doctorate from an accredited law school. Minimum of 2-3 years of litigation experience. Able to work 50+ hours per week. Experience utilizing Westlaw or other relational databases. Outstanding verbal and written communication skills. Professional demeanor; and excellent analytical and problem solving skills. Jaffe & Asher LLP – Dallas, Texas. Send resume to: HR@jaffeandasher.com. Legal Aid of NorthWest Texas (LANWT) currently has various openings throughout its firm at various locations. We are a Section 501(c)(3) nonprofit Texas Corporation. LANWT provides free civil legal services to eligible low-income residents in 114 Texas Counties. If you are interested in joining a great team that offers you the opportunity to rapidly develop litigation skills in court, a generous health benefits package, and the ability to be of service to others, we encourage you to visit LANWT’s career site at www.lanwt.org.

Log on to www.dallasbar.org/dallas-lawyer-referral-service or call (214) 220-7499.

SERVICES

Energy Acquisition(s): I buy any size royalty(ies), mineral(s), working interest(s) and try to reach (and pay) the sellers asking price. I am a licensed attorney and have been making oil and gas purchases for 35 +/- years. E-mail to bleitch@prodigy.net or call Brenda at 1 (800) 760-9890 or (214) 720-9890 for a friendly and quick analysis and response. Oil and Gas Buyer. Buying royalty interests, overriding royalty interests and non-operating working interests. Send descriptive information to royalty@coromandelenergy.com for a prompt and fair evaluation. Owner is SBOT and DBA member. 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. Xerox Dealer. Farmer Business Systems. We are your one stop shop! Providing a full inventory of high quality, multifunction printers at low cost. Offering new & used Xerox, Samsung, and Sharp printers. Supporting Full Service that includes all Parts, Labor, and Supplies. Call for an appointment with Taylor Farmer at (972) 818-4500. Showroom located in Addison, TX. www. farmerbusiness.com. Established Dallas Photographer. Studio & On Location Portraits. 360 PanoTour Interface. Evidence Gathering Drone. Client Privacy. Consulting. Attorney References. blue line, 1410 Easton Road 75218. (214) 7317028. www.bluelinestudio.us Email: fernandoandrez@att.net. 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.

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5720 LBJ Fwy, Ste 560 Dallas, TX 75240-6328 Tel: 972.702.9066 Fax: 214.526.5880

24 H e a d n o t e s l D a l l a s B a r A s s o ciationâ&#x20AC;

Septem ber 2014

Two Practices, One Mission, Helping People.

ROB CRAIN (left) | Catastrophic Personal Injury CHRIS LEWIS (right) | Criminal Defense

At Crain Lewis, we represent people when life takes an unexpected turn. With 37 collective years of trial experience, our firm is dedicated to providing the highest quality legal representation. We take pride in the fact that many of our cases are referred to us by fellow attorneys and former clients. Please call us when there is a need for personal injury or criminal defense representation. We would be honored to assist you and your family.

Crain Lewis, L.L.P. 3400 Carlisle St., Suite 200 | Dallas, TX 75204 | 214.522.9404