Dallas Bar Association
HEADNOTES
Focus Bankruptcy and Commercial Law
August 2015 Volume 40 Number 8
Get Ready for a
DBA Dedicates 24th Habitat House
e m i T d o o G ’ n Rocki
at Law Jam 5! Join us for Law Jam 5, Saturday, August 22, 2015.
Doors open at 6:30 p.m. Event starts at 7:00 p.m. The Granada Theater - Lower Greenville Avenue. Tickets at www.dbalawjam.org. $25 in advance/$30 after August 7. Proceeds benefit the Dallas Volunteer Attorney Program.
On June 20, DBA dedicated its 24th Habitat for Humanity home. DBA president-elect Jerry Alexander turned the keys over to the Alford family. DBA Home Project Co-Chairs David Fisk and Ethan Minshull led the dedication, as volunteers celebrated the completion and dedication of the home. To participate in the project for next year, contact Ethan at ethan.minshull@wickphillips.com.
Focus
Bankruptcy & Commercial Law
An Overview of Oil & Gas Bankruptcy Issues by Eric M. Van Horn
When oil and gas companies file bankruptcy, a variety of important issues arise for creditors, often on short notice, and can require immediate attention to the flurry of early pleadings. This article generally focuses on how creditors can preserve and protect their interests and critical deadlines for doing so, including those set by early case orders. Initially, when a bankruptcy is filed, the “automatic stay” under §362 is imposed and, generally speaking, automatically prevents creditors from initiating, or continuing, acts to collect upon their debts from the debtor or its assets constituting “property of the estate” by §541. Certain exceptions, discussed herein, may apply for oil and gas creditors. Royalty owners, as lessors of oil and gas leases, are sometimes the largest type of creditors. Some oil and gas leases provide for automatic termination for unpaid royalties. When conditions precedent for termination are satisfied pre- or post-bankruptcy, the royalty owner, in an abundance of caution, may want to seek relief from the automatic stay, or, at least seek a “comfort order” declaring the lease terminated. To preserve valuable leases, debtors frequently obtain authority to pay royalties to prevent termination. Additionally, royalty owners in Texas are generally protected as automatically perfected secured creditors not requiring relief from the
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automatic stay. Tex. Bus. & Com. Code §9-343. But in complex bankruptcy cases, this protection may not be enough when another state’s laws governing perfection and priority of such liens apply. Creditors in oil and gas cases may have a variety of other mechanisms to protect their claims and interests, but must know the important methods and deadlines for doing so. Creditors who supply goods to debtors within 45 days of bankruptcy have an ability to reclaim them, but must demand reclamation in writing by the 20th day after the bankruptcy filing. §546(c). Moreover, creditors who supplied goods within 20 days before a bankruptcy case may also file applications for administrative expense claims (generally the highest priority unsecured claims) for the value of such goods. §503(b)(9). Creditors must be careful to monitor all pleadings filed and served upon them because deadlines are frequently established early in a case to file such claims. Oil and gas creditors may also have contractual (e.g., arising under joint operating agreements) or statutory lien rights that need perfected post-bankruptcy. See e.g., Tex Prop. Code Ann. §§ 53.001-53.260; 56.001-56.045. Exceptions to the automatic stay and the trustee/debtor’s lien avoidance powers exist to allow such perfection. §§362(b)(3), 546(b). Notices of perfection are filed in the bankruptcy case, and perfection is done under applicable non-bankruptcy law. A continued on Page 14
Inside
5 Bill Mateja and Victor Vital Named Co-Chairs of Campaign 9 The Automatic Stay: The Good, the Bad, and the Ugly
11 Is That #Hashtag Property of the @Estate? 17 Six Reasons to Consult a Bankruptcy Attorney
The 2015 DBA Membership Directory is now available in print & online. Check out the directory and legal resource guide used by Dallas attorneys! To view the Online Directory and Legal Resource & Expert Witness Guide, go to www.dallasbar.org/pictorial and login. To request a copy of the new directory, contact pictorial@dallasbar.org.
2 He a d n o t e s l D a l l a s B a r A s s o ciation
A ugust 2015
Calendar August Events FRIDAY CLINICS
AUGUST 7-BELO Noon
“Felonies, Confederacies, Subsidies, and Dignities: A Review of the U.S. Supreme Court’s 2014 Term,” Jason P. Steed. (MCLE 1.00)* RSVP to kzack@dallasbar.org.
AUGUST 14-NORTH DALLAS** Noon
“Stop Minding Your Own Business: A Lawyer’s Ethical Obligation to Recognize and Help Fellow Attorneys in Need,” Terry Bentley Hill. (Ethics 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 Fox Rothschild LLP. RSVP to kzack@ dallasbar.org. Co-sponsored by CLE and Peer Assistance Committees.
AUGUST 21-BELO Noon
“The Ethical Pleader. Or, How Much Trash Can I Talk?” Andy Korn. (Ethics 1.00)* RSVP to kzack@dallasbar.org.
MONDAY, AUGUST 3 Noon
Tax Law Section “The Top 10 Things that Tax Attorneys Should Know about International Tax,” Mark Melton. (MCLE 1.00)*
TUESDAY, AUGUST 4 Noon
Tort & Insurance Practice Section “Current Issues in Defamation Law,” Dan Boyd. (MCLE 1.00)*
Noon
Employee Benefits & Executive Compensation Section Topic Not Yet Available
Solo & Small Firm Section “Thinking of Leaving the Big Firm for a Solo or Small Firm Practice? Learn From Those Who Have,” Shonn Brown, Chrysta Castaneda, Kelly J. Stewart and David Vassar, moderator. (MCLE 1.00)*
Juvenile Justice Committee
DAYL Judiciary Committee
5:30 p.m. Bankruptcy & Commercial Law Section “Chapter 11 for Small to Medium Sized Enterprises,” Josiah Daniel, Areya Holder and Joyce Lindauer. (MCLE 1.00)*
THURSDAY, AUGUST 6 Noon
Construction Law Section “A Practical Discussion About the Miller Act and Federal Contracting,” Brian Carroll. (MCLE 1.00)* Judiciary Committee “Presentation and Admission of Demonstrative Evidence,” Britta Stanton. (MCLE 1.00)* Lawyer Referral Service Committee
FRIDAY, AUGUST 7 Noon
Noon
WEDNESDAY, AUGUST 5
Friday Clinic-Belo “Felonies, Confederacies, Subsidies, and Dignities: A Review of the U.S. Supreme Court’s
FRIDAY, AUGUST 14
Friday Clinic—North Dallas** “Stop Minding Your Own Business: A Lawyer’s Ethical Obligation to Recognize and Help Fellow Attorneys in Need,” Terry Bentley Hill. (Ethics 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 Fox Rothschild LLP. RSVP to kzack@dallasbar. org. Co-sponsored by CLE and Peer Assistance Committees. Noon
MONDAY, AUGUST 10
Corporate Counsel & Computer Law Sections “20% More in Just 15 Minutes,” Darin Klemchuk. (MCLE 1.00)*
6:00 p.m. DAYL Board of Directors Meeting
Noon
2014 Term,” Jason P. Steed. (MCLE 1.00)* RSVP to kzack@dallasbar.org.
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
Alternative Dispute Resolution Section “Mediation in the Post-Twitter Age,” Peyton Healey, Jennifer Lee and Devon Sharp. (MCLE 1.00)* Peer Assistance Committee
TUESDAY, AUGUST 11
Business Litigation Section “Current Issues in Motions to Disqualify and Conflict of Issues Law,” Dan Boyd. (Ethics 1.00)*
DAYL Lawyers Promoting Diversity Committee
Pro Bono Activities Committee
DAYL Freedom Run Committee
MONDAY, AUGUST 17 Noon
Noon
WENDESDAY, AUGUST 12
Noon
Noon
DVAP Family Law Pro Bono CLE “Family Law—Beyond the Basics.” (MCLE 4.00, Ethics 0.50)* Register at www.dallasbar.org or contact taylorb@lanwt.orgor reed-brownc@lanwt. org. Sponsored by DVAP and the Family Law Pro Bono Committee. Bench Bar Conference Committee
DAYL ACE Committee
DAYL Lunch & Learn CLE. For more information, contact cherieh@dayl.com.
Labor & Employment Law Section “I Thought We Settled That Case!?!” Andrew Gould and Marcia Nelson Jackson. (MCLE 1.00)*
TUESDAY, AUGUST 18
J.L. Turner Legal Association Presidential Series
11:30 a.m. House Committee Walk Through
Trial Skills Section “Winning over the Jury: Perspectives from a Judge, Trial Lawyer, and Jury Consultant,” Jason Bloom, Judge Martin Hoffman and Michael Hurst. (MCLE 1.00)*
Franchise & Distribution Law Section “Point—Counterpoint: Franchise Loan Workouts vs. Bankruptcy,” Jason Binford and Larry Simmons. (MCLE 1.00)* DAYL Elder Law Committee
WEDNESDAY, AUGUST 19
Health Law Section “Hospital Expansion and Consolidation, Lessons from the Front Line,” Rebecca Hurley, Todd P. Kelly, Beth Ward and William Swart, moderator. (MCLE 1.00)*
Criminal Justice Committee
DAYL Wellness Committee
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
THURSDAY, AUGUST 20
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
Noon
Christian Legal Society
THURSDAY, AUGUST 13
Dallas Gay & Lesbian Bar Association
11:30 a.m. DVAP Nuts & Bolts Pro Bono CLE “The Nuts & Bolts of Clearing Juvenile and Criminal Records,” Larissa Roeder and Emily Schools. (MCLE 2.50)* Register at www.dallasbar. org or contact taylorb@lanwt.org or reedbrownc@lanwt.org.
FRIDAY, AUGUST 21 Noon
Friday Clinic-Belo “The Ethical Pleader. Or, How Much Trash Can I Talk?” Andy Korn. (Ethics 1.00)* RSVP to kzack@ dallasbar.org.
Noon
CLE Committee
Publications Committee
Christian Lawyers Fellowship
JLTLA L.A. Bedford Awards Luncheon. Keynote Speaker, Cheryl Wattley. Tickets: $25/ Tables: $250. For more information, contact twaits@mcglinchey.com.
6:00 p.m. J.L. Turner Legal Association
SATURDAY, AUGUST 22
6:30 p.m. Law Jam 5 – Rockin’ for Pro Bono
Tickets: Reserved seating: $30/advance; $35/ door. Open seating: $25/advance. $35/door. Students: $10 (with ID). Bands: Big Wheel, Black Dirt Tango, The Catdaddies, Random Blue. Proceeds benefit the Dallas Volunteer Attorney Program. www.dbalawjam.org
MONDAY, AUGUST 24 No DBA Events Scheduled
TUESDAY, AUGUST 25 Noon
American Immigration Lawyers Association DAYL Attorneys for Career Enhancement Program
6:00 p.m. Dallas Hispanic Bar Association
WEDNESDAY, AUGUST 26
9:00 a.m. Intellectual Property Law Section Seminar “AIPLA/USPTO Road Show Series - Enhancing Patent Quality and Conducting AIA,” Erika Arner, Tom Irving, Sharon Israel, Valencia MartinWallace, David McCombs, Susan Mitchell, Ken Nigon, Brad Pedersen and Russ Slifer. (MCLE 7.00)* Noon
Sports & Entertainment Law Section Topic Not Yet Available
DAYL Foundation Board Meeting
DVAP New Lawyers Luncheon. For more information, contact reed-brownc@lanwt.org.
Municipal Justice Bar Association
THURSDAY, AUGUST 27 Noon
Energy Law Section Seminar 30th Annual Review of Oil & Gas Law. Two-day event. For more information, or to register, log on to www.reviewofoilandgaslaw.com.
Criminal Law Section “Clemency Petition in Federal Court,” Courtney Perez. (MCLE 1.00)*
Environmental Law Section Topic Not Yet Available
5:00 p.m. Collaborative Law Section “Flirt with Improv, Improve your Lawyering,” Vic Shuttee. (MCLE 1.50)* At The Social House (2708 Routh St., Dallas). Tickets at mkt.com/ collaborative. More information at ruth@ rickardlawfirm.com.
FRIDAY, AUGUST 28 Noon
Energy Law Section Seminar 30th Annual Review of Oil & Gas Law. Two-day event. For more information, or to register, log on to www.reviewofoilandgaslaw.com.
Intellectual Property Law Section “The Supreme Court Turns to Trademark Law,” John Cone. (MCLE. 1.00)*
DAYL CLE Committee
MONDAY, AUGUST 31 Noon
DAYL Solo & Small Firm Committee
Thinking of Leaving the Big Firm for a Solo or Small Firm Practice?
Learn From Those Who Have Wednesday, August 5, Noon at Belo Speakers: Shonn Brown, Gruber Hurst Elrod Johansen Hail Shank LLP Chrysta Castaneda, Canterbury Communications Kelly J. Stewart, K Stewart Law, P.C. David Vassar, Nesbitt, Vassar, & McCown, L.L.P.
SAVE THE DATE! SEPTEMBER 17 - 6 A.M. TO MIDNIGHT
MCLE 1.00 Sponsored by the Solo & Small Firm Section
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.
Augu st 2 0 1 5
D al l as Bar A ssoci ati on l Headnotes 3
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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
A ugust 2015
Headnotes
President's Column
Published by: DALLAS BAR ASSOCIATION
Charleston Brad Weber
On the morning of June 18, 2015, details began to emerge about a deadly mass shooting at a church in Charleston, South Carolina. I was in San Antonio getting ready to attend a CLE program at the State Bar Annual Meeting. Lawyers attending the Annual Meeting were huddled around televisions at the Convention Center trying to get updated information from CNN and the other news networks. It was soon confirmed that nine people had been murdered the previous night during a Bible study meeting at the Emanuel African Methodist Episcopal Church. Even worse, it appeared that this was a hateful act of violence carried out by a white gunman who had targeted African Americans. By that afternoon, I had received several messages related to the Charleston shootings from friends and other DBA members. Many offered suggestions as to what the DBA should do in response. As DBA President, it is difficult to know when to respond publicly to horrible events, especially when they occur more than 1,000 miles away. On any given day, it seems like there is some shocking new crime or tragedy that replaces another at the top of the news list. Bar associations are not able to respond to even a few of these events. But this one seemed different to me. Based on numerous accounts, the accused shooter was a white supremacist who carried out his act of terrorism because of hatred for African Americans. This was not an indiscriminate shooting by a gun-toting lunatic. It appeared to be the deliberate and calculated murder of nine innocent people based only on the color of their skin. It was a lawless act that violated the fundamental principles of freedom, equality, and justice. It also hit a sensitive nerve because of where it was carried out—in a place of worship that we all assume is a refuge from the violence that occurs out in the rest of the world. And unlike most mass shootings, this one included an elected law maker among the victims, Rev. Clementa Pinkney. He was first elected to the South Carolina House of Representatives in 1996 at the age of 23, and had been serving as a respected leader in the South Carolina Senate since 2000. This, to me, seemed like a time when the DBA did need to speak out. We could not stand by idly in silence. At a DBA Executive Committee meeting the following Tuesday, I suggested that the Board should consider a resolution condemning the Charleston shootings and reaffirming our commitment to oppose hate crimes. There was unanimous support for the resolution among our officers. It also was suggested that
we invite other local bar associations to join the resolution to show our unanimity on this important issue. Invitations to the other bar associations were sent out. Two days later at the June meeting, the DBA Board was presented with a Resolution that (a) condemned the mass shootings at the Emanuel African Methodist Episcopal Church, (b) offered sympathy and condolences to the families of the victims, the church congregation, and the Charleston community, (c) recognized that the healing process following this tragedy will be long and difficult, (d) encouraged a productive and thoughtful dialogue on actions that can be taken to prevent tragedies like this from occurring again, and (e) reaffirmed the Association’s commitment to eliminate hatred based on race, ethnic background, national origin, gender, religious beliefs, or sexual orientation. The resolution also contemplated that a signed original would be sent to the family of each of the victims. Following spirited deliberations about the resolution and its purpose, the Board unanimously adopted it. DBA resolutions like this are not common—nor are they likely to be in the future. The last time the DBA Board adopted a similar resolution was in April 2013 following the slayings of the Kaufman County District Attorney, his wife, and the Assistant District Attorney. What makes this new resolution even more newsworthy is that fact that it is the first time in history that the Dallas Bar Association has joined together with other local bar associations in formal support of an issue. On the same day the DBA Board voted to adopt the resolution, presidents of other local bar associations also informed me of their support. They included President Monica Lira Bravo of the Dallas Hispanic Bar Association, President Jonathan Childers of the Dallas Association of Young Lawyers, President Nicole Knox of the Dallas Women Lawyers Association, President Bill Richmond of the Dallas Asian American Bar Association, President Ebony Rivon of the J.L. Turner Legal Association, and President Shelly Skeen of the Dallas Gay and Lesbian Bar Association. Along with DBA Secretary-Treasurer Victor Vital and me, each one of these presidents is a signatory on the Joint Resolution that is being sent to the family of each victim. The Dallas Bar Association is among the largest and most influential local bar associations in our country. When we speak as an organization, many people listen. And when we speak collectively with the other great local bar associations in Dallas, I believe that our unified voice is even stronger. Hopefully our HN united message about Charleston will be heard.
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John Ansbach explains “The Internet of Things”
Justice Don Willet and Supreme Court of Texas Blogger Don Cruse
Federal Judges—Meet Your New Judges
State Judges tell us “What the Jury Says”
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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: Bradley C. Weber President-Elect: Jerry C. Alexander First Vice President: Rob D. Crain Second Vice President: Michael K. Hurst Secretary-Treasurer: Victor D. Vital Immediate Past President: Scott M. McElhaney Directors: Wes Alost, A. Shonn Brown, Jonathan Childers (President, Dallas Association of Young Lawyers), Laura Benitez Geisler (Chair), Hon. Harlin “Cooter” Hale (Judicial At-Large), Hon. Martin Hoffman, Krisi Kastl, Michele Wong Krause, Monica Lira (President, Dallas Hispanic Bar Association), Bill Mateja, Karen McCloud, Cheryl Camin Murray (At-Large), Courtney Barksdale Perez (At-Large), Bill Richmond (President, Dallas Asian American Bar Association), Ebony Rivon (President, J.L. Turner Legal Association), Mary Scott, Diane M. Sumoski, Robert L. Tobey (Vice-Chair) and Aaron Tobin Advisory Directors: Stephanie Gause (President-Elect, Dallas Association of Young Lawyers), Rocio Cristina Garcia (President-Elect, Dallas Hispanic Bar Association), Emmanuel Obi (President-Elect, J.L. Turner Legal Association), and Monika Sanford (President-Elect, Dallas Asian American Bar Association). Delegates, American Bar Association: Rhonda Hunter, Hon. Liz Lang-Miers Directors, State Bar of Texas: Wm. Frank Carroll, Leon Carter, John Jansonius, Florentino A. Ramirez and Scott Stolley 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, Annette Planey, Jessica D. Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Jared Slade and Meghan Hausler Vice-Chairs: Paul Clevenger and Keith Pillers Members: Timothy Ackermann, Jerry C. Alexander, Vincent Allen, Natalie Arbaugh, Jody Bishop, Lisa Tomiko Blackburn, Jillian Bliss, Jason Bloom, Andrew Botts, Lance Caughfield, Chhunny Chhean, Stephen Clarke, Shannon Conway, Joel Crouch, David Dummer, Christopher Elam, Alexander Farr, Daniel Felz, Dawn Fowler, Robin Ghio, Basheer Ghorayeb, Kimberly Gonzalez, Andrew Gould, Susan Halpern, Jeremy Hawpe, Zachary Hilton, Ezra Hood, Mary Louise Hopson, Michael K. Hurst, Ashley Johnson, Amanda Kelley, Sara Krumholz, Margaret Lyle, Thomas Maddrey, Orly Mazur, Jodi McShan, Ethan Minshull, Paige Montgomery, Jessica Nathan, Jeffrey Novel, Eugene Olshevskyy, Mason Parham, Aimee Pingenot, Kirk Pittard, Laura Anne Pohli, Lisa Prather, Michelle Reed, David Ritter, Carl Roberts, Lantis Roberts, Eugenie Robichaux, Joshua Sandler, Chandrika Shori, Micah Skidmore, Stefan Smith, Bradley Smyer, Thad Spalding, Elizabeth Stanley, John Stevenson, John Ting, Paul Tipton, Pryce Tucker, Peter Vogel, Tracey Wallace, Brad Weber, Philip Worley 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: Viridiana Avina, Marcela Mejia Law-Related Education Coordinator: Melissa Garcia Membership Coordinator: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Yedenia Hinojos DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Mentor Attorneys: Kristen Salas, Katherine Saldana Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Tina Douglas, Zaporra Gonzales, Andrew Musquiz, Carmen Perales, Alicia Perkins, Monique Scott, Zach Watkins Program Assistant: Patsy Quinn Secretary: Ellie Pope Copyright Dallas Bar Association 2015. 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.
Augu st 2 0 1 5
D al l as Bar A ssoci ati on l Headnotes 5
William Mateja and Victor Vital Named Co-Chairs of Campaign by Jessica D. Smith
William B. Mateja and Victor D. Vital have been named Co-Chairs of the 2015-2016 Equal Access to Justice Campaign benefiting the Dallas Volunteer Attorney Program (DVAP). “We asked Victor and Bill to CoChair the Campaign this year for a number of reasons,” said DBA President Brad Weber. “They both have tremendous energy, they are well connected throughout the Dallas legal and business communities, and they are committed to furthering DVAP’s goal of providing low income individuals with access to our legal system. Perhaps most importantly, Victor and Bill are both very competitive, and it will require Co-Chairs with these qualities to again lead the campaign to the contribution levels we have achieved in recent years.” Mr. Mateja, a principal at Fish & Richardson, is a leader in the Texas bar and a long-time member of Dallas Bar Association. He currently serves as a Director on the DBA Board of Directors. He previously served as Secretary-Treasurer of the Board, Chair of the Trial Skills Section, and Co-Chair of the Bench Bar Conference and Golf Tournament Committees. In addition to his service with the DBA, he is a Fellow of the Dallas Bar Foundation, previously served on the State Bar of Texas Disciplinary Rules of Professional Conduct Committee, and is a member of The National Trial Lawyers: Top 100 Trial Lawyers. He is also a past president of the Texas Young Lawyers Association. During his TYLA tenure, the organization received the 1998 President’s Service Award from then President Clinton for its work with at-risk youth. Mr. Mateja has also served on the State Bar of Texas Board of Directors, is a former trustee of the Texas Bar Foundation and served this last year as a local nominating
William B. Mateja
Victor D. Vital
chair for the Texas Bar Foundation. A graduate of and current adjunct professor for Texas Tech University School of Law, Mr. Mateja previously served as Senior Counsel to two U.S. Deputy Attorneys General, a position in which he served as the point person for the President’s Corporate Fraud Task Force and oversaw the Justice Department’s white collar, health care, and corporate fraud efforts. He also served as an Assistant U.S. Attorney for the Northern District of Texas from 1991-2004. He has received a number of awards, including the prestigious Texas Department of Public Safety Director’s Award. He has been featured in Texas Super Lawyers, D Magazine’s Best Lawyers in Dallas, and Best Lawyers in America. “It’s simple, as lawyers, we have to help those in need of legal services who otherwise cannot help themselves,” said Mr. Mateja. “If we don’t, who will? So, it was with great pleasure that I committed to lead the Equal Access charge with my good friend, Victor Vital.” A Shareholder at Greenberg Traurig, Victor Vital is a graduate of Texas Southern University Thurgood Marshall School of Law and is a passionate supporter for equal access to justice. He has been active in the Dallas Bar for many years and currently serves as Secretary-Treasurer of the Board of Directors, as a Director on the Community Service Fund Board of Directors, Director of the Trial Skills Section,
Board Advisor for the Appellate Law Section and Co-Lead Chair and Board Advisor for the Bench Bar Conference Committee. In addition, he is a Fellow of the Dallas Bar Foundation, the Texas Bar Foundation and the Litigation Counsel of America. In addition to his professional involvement, which includes a variety of activities such as Advisory Board Member of the Texas Lawbook, member of the Committee for a Qualified Judiciary, and Steering Committee Member of Greenberg Traurig Trial Practice Group, Mr. Vital is also active in the Dallas community. He is Vice Chair of the Dallas Housing Authority Board of Commissioners, and a board member of the World Affairs Council of DFW, Dallas Education Foundation (chair-elect) and Downtown Dallas, Inc. Mr. Vital has been recognized with numerous awards, including the Dallas Business Journal’s Minority Business Leader Award, Chambers USA Guide’s Noted Practitioner, inductee in Texas Lawyer’s Hall of Fame – Top 5 Employ-
ment Jury Verdict, Texas Lawyer’s Rising Star and Texas Super Lawyers (Top 100 List), and he has been listed frequently in D Magazine’s Best Lawyers in Dallas. “It is an honor to serve the Equal Access to Justice Campaign as the 20152016 Co-Chair,” said Mr. Vital. “As a trial lawyer providing vital advocacy to clients, I am keenly sensitive to the critical importance of this campaign—i.e., ensuring essential services to Dallas’s legally under-served community. “It is going to be a pleasure to work on this campaign with my friend and campaign Co-Chair Bill Mateja who shares the same passion for equal access to justice and DVAP. We both are appreciative of the record amounts of money raised in recent campaigns, and we look forward to our fellow bar members stepping up to continue this meaningful commitment.” The Campaign will culminate at the Inaugural of 2016 DBA President Jerry Alexander on January 16, 2016. HN Jessica D. Smith is the Communications/Media Director of the Dallas Bar Association. She can be reached at jsmith@dallasbar.org.
32nd Annual Philbin Awards Luncheon Tickets Now Available! KEYNOTE SPEAKER Author of Desert Diplomat
EARLY BIRD RATE: TICKETS: $45 | TABLES OF 10: $450 AFTER SEPT. 9: TICKETS: $50 | TABLES OF 10 $500
Wednesday, September 23 | Noon | Belo For tickets, log on to www.dallasbar.org
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
A ugust 2015
DBA Recognized by State Bar by Jessica Smith
At the State Bar of Texas Annual Meeting in June, the Dallas Bar Association accepted several awards for its programs and services. The DBA received the prestigious Award of Merit for outstanding services to its more than 11,000 members and to the community; Outstanding Partnership Award, for its work on the Conference of Professions; and a Star of Achievement Award for its Texas High School Mock Trial Program. In addition, Headnotes, led by Publications Committee Co-Chairs Jared Slade, of Alston & Bird LLP, and Meghan Hausler, of Baker & McKenzie LLP, received four awards including: • Best News Article: “A Look Back: The Civil Rights Act in Dallas 50 Years Later,” by Linda Dedman and Madeline Ball, of Dedman Law, PLLC, published September 2014 • Best Series of Substantive Legal Articles: Sports & Entertainment Law articles, published September 2014: “No Room for Racism: NBA Can Force Sterling to Sell,” by Kate Cassidy and Sarah Sharrar, of Rangers Baseball LLC; “The NCAA, Northwestern University and the First Student-Athlete Union,” by Philip McNicholas and Tony Barbieri, of Kessler Collins, P.C.; and “Reality Check: Is ‘Gambling’ on Fantasy Sports Legal?,” by James Ray, of
Accepting the Dallas Bar Association’s State Bar Awards were (Left to right) DBA Executive Director Cathy Maher, SBOT President Trey Apffel and DBA President Brad Weber.
Munsch Hardt Kopf & Harr, P.C. • Best Series of General Interest Articles: Ethics Columns, published in September, October and November 2014: “Legal and Ethical Issues of Undisclosed Telephone Recordings by Attorneys,” by Hershel R. Chapin, of Weinstein, Pinson & Riley, P.S.; “For Want of a Nail…a Kingdom Was Lost,” by Katherine C. Hall, Attorney at Law; and “Understanding ‘Business Associates Agreements’,” by Martin Merritt, of Friedman &
IOLTA Prime Partners “Banking on Justice” The Supreme Court of Texas requires attorneys to place IOLTA accounts at eligible banks—those that pay interest rates comparable to other similarly situated accounts. To see a list of committed banks or for more information on Prime Partners, contact the Texas Access to Justice Foundation at www.teajf.org or 512-3209-0099.
Feiger, L.L.P., and Edward Vishnevetsky, of K&L Gates LLP • Best Feature Story: “Jim Coleman Selected for Professionalism Award,” by Jessica D. Smith, DBA Communications/ Media Director, published October 2014 Various DBA members received individual awards at the annual meeting, including: • Aaron T. Capps, of Griffith Davison Shurtleff, PC, received Joseph M. Pritchard Inn Outstanding Director Award, presented by TYLA • D. Lance Currie, of Carrington, Coleman, Sloman & Blumenthal, LLP; and William Gardner, of Macdonald Devin, P.C., received a TYLA President’s Award of Merit • Sidney H. Davis, Jr. (posthumously), of Touchstone Bernays, received the Legends Award, presented by the SBOT Insurance Law Section • Hon. Nikki Towry DeShazo, Attorney at Law, received the Distinguished Probate Attorney Lifetime Achievement Award, presented by the SBOT Real Estate,
Probate, and Trust Law Section • Byron F. Egan, of Jackson Walker L.L.P., received the Dan Rugeley Price Memorial Award, presented by the Texas Bar Foundation • Katherine Hendler Fayne and Robert K. Wise, of Lillard Wise Szygenda PLLC, received Outstanding Law Review Article Awards, presented by the Texas Bar Foundation • Katie D. Grissel, of Vinson & Elkins LLP, received the Romina L. Mulloy-Bossio Achievement Award, presented by the SBOT Bankruptcy Law Section • Darrell E. Jordan, of Diamond McCarthy, received the Outstanding 50 Year Lawyer Award, presented by the Texas Bar Foundation • Lawrence R. Maxwell, Jr., Attorney at Law, received a Certificate of Merit from the SBOT Board of Directors and past presidents for outstanding contributions to the legal profession • Hon. Tonya Parker, of the 116th District Court, received the Distinguished Jurist Award, presented by the SBOT African American Lawyers Section • Hon. Brenda T. Rhoades, of the U.S. Bankruptcy Court, received the John C. Akard Community Service Award, presented by the SBOT Bankruptcy Law Section • Charlie Wilson, of Goranson Bain, PLLC, received the Lola Wright Foundation Award, presented by the Texas Bar Foundation At the annual meeting, Allan Dubois, of San Antonio, assumed the role as president of the State Bar. In addition, DBA member Frank Stevenson, of Locke Lord LLP, was elected SBOT president-elect, and Scott Stolley, of Thompson & Knight LLP, was elected to the State Bar Board of HN Directors. Jessica D. Smith is the DBA’s Communications/Media Director. She can be reached at jsmith@dallasbar.org.
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D al l as Bar A ssoci ati on l Headnotes 7
2015 DBA 100 CLUB – THANK YOU! We are proud to recognize the following firms, organizations, corporate legal departments, government agencies and law schools for their 100% support of the Dallas Bar Association as members of the 2015 DBA 100 Club! The DBA 100 Club is a distinguished membership recognition category that reflects a commitment to the advancement of the legal profession and the betterment of the community. The DBA 100 Club consists of firms, organizations, government agencies and law schools with two or more attorneys as well as corporate legal departments that have 100% membership in the DBA. Recognition is free and given to the 2015 DBA 100 Club members in our Headnotes publication, at our Annual meeting in November and in the 2016 DBA Membership Directory. Please note that the DBA 100 Club is FREE recognition and open for renewal annually. We do not automatically renew an organization’s membership due to changes in attorney rosters each year. It is not too late to become a member of the 2015 DBA 100 Club! Please submit your request via email including a list of all lawyers in your Dallas office/corporate legal department to Kim Watson, kwatson@dallasbar.org. We will verify your list with our membership records and once approved, your organization will be added to the 2015 DBA 100 Club!
THANK YOU FOR YOUR SUPPORT OF THE DALLAS BAR ASSOCIATION! DBA 100 Club Members As of July 16, 2015 2 to 5 Attorneys A. William Arnold III & Associates, P.C. Ackerman & Savage, L.L.P. Adair, Morris & Osborn, P.C. Aldous \ Walker Alexander Dubose Jefferson & Townsend LLP Anderson & Brocious P.C. Anderson Beakley, PLLC Anthony & Middlebrook, P.C. Armstrong Kellett Bartholow P.C. Ashcraft Law Firm Ashley & Laird Atwood Gameros LLP Bailey Brauer PLLC Blackwell & Duncan, PLLC Blankenship, Wiland & O’Connor, P.C. Blume, Faulkner & Skeen, PLLC Broden, Mickelsen, Helms & Snipes, LLP Brown Fox PLLC Burdette & Rice, PLLC Calabrese Huff, P.C. Campbell & Associates Law Firm, P.C. Carlock & Gormley Christiansen Davis LLC Clark Law Firm Coffin & Bailey, PLLC Collins Law Group PC Connatser Family Law Crain Lewis, L.L.P. Cunningham Swaim Curtis Law Group Daniel Sheehan & Associates, LLP Davenport & Epstein, P.C. Deandra M. Grant & Associates Dedman Law, PLLC Dement | Stern PLLC DePlaza & O’Connor P.C. Dunn Sheehan LLP Edwards & de la Cerda, L.L.C. Elliott Thomason & Gibson, LLP Erhard & Jennings, P.C. Fair & Watts, P.C. Fisher & Welch, P.C. Franklin Hayward LLP Fuller Mediations Gauntt, Koen, Binney, Woodall & Kidd, LLP Gillespie Sanford LLP Goggin Law Firm Goldfarb PLLC Grau Law Group, PLLC Grogan & Brawner P.C. Gunnstaks Law Office Hamilton & Squibb, LLP Hance | Wickham, P.C. Hedrick Kring, PLLC Helms & Kilgore, PLLC Hollingsworth Walker Holmes Firm PC Hooper & Hale, LLP Horton & Archibald, P.C. Hunt | Ham, PLLC Hyden + Hyden Jameson & Powers, P.C. Jenkins & Watkins
Johnson & Silver, LLP Johnston ♦ Tobey, P.C. Kabani & Kabani, PLLC Karel & Hicks, P.C. Kevin Buchanan & Associates, P.L.L.C. Kinser & Bates, L.L.P. Kizzia Johnson PLLC Kleiman, Lawrence, Baskind & Fitzgerald, L.L.P. Koning Rubarts LLP Koons Real Estate Law Langley LLP Law Offices of Carmen S. Mitchell, LLP Law Offices of Maduforo & Osimiri Law Offices of Richard A. Gump, Jr., P.C. Law Offices of Terrence G. Turzinski, P.C. Lawrence Law PLLC Lidji Dorey & Hooper Lillard Wise Szygenda PLLC Little Pedersen Fankhauser LLP Lori A. Leu & Associates Malouf & Nockels LLP Maris & Lanier, P.C. Marshall & Kellow, LLP Martin + Sallaway, PLLC McElree | Smith McTaggart & Beasley, PLLC Miller Mentzer Walker, P.C. Mincey-Carter, PC Mullin Hoard & Brown, L.L.P. Musgrove Law Firm, P.C. Nesbitt, Vassar, & McCown, L.L.P. Niles Holmes P.C. Orenstein Law Group, PC Pace & Pace, L.L.P. Patterson & Sheridan, LLP Peter & Lanzillo, PLLC Prager & Miller, P.C. Quaid Farish, LLC Raggio & Raggio, P.L.L.C. Ramirez & Associates, P.C. Ray & Thatcher, Attorneys at Law PC Richardson Koudelka, LLP Riney Packard PLLC Rochelle & Rankin LLP Rose Walker, L.L.P. Rosenberg Paschall Johnson LLP Sawicki Law Schubert & Evans, P.C. Schuerenberg & Grimes, P.C. Sessions Fishman Nathan & Israel LLP Sheils Winnubst, PC Sherman & Yaquinto, L.L.P. Silverman Goodwin, LLP Simon | Paschal PLLC Smith Hargrave Law Smith Kendall P.C. Smith, Stern, Friedman & Nelms, P.C. Spector & Johnson, PLLC Spencer Scott pllc Stamer Chadwick Soefje PLLC Stanton Law Firm PC Stoddard & Welsh, PLLC Suggs Law Firm, P.C. Taylor Lohmeyer Law Firm LLP The Bhatti Law Firm, PLLC The Blum Firm, P.C. The Courtney Firm The DeLoney Law Group, PLLC
The Holmes Law Firm The Korn Diaz Firm, LLP The Law Offices of Shanna Nugent, P.C. The Law Offices of Tim O’Hare The Perrin Law Firm The Pettit Law Firm The Vermillion Law Firm, LLC Thomas, Cinclair & Beuttenmuller, PC Tillman Batchelor LLP Tobolowsky & Burk, P.C. Travis Law Group, P.C. Tremain Artaza PLLC Walker & Long Ward & Turton, PLLC Webb Family Law Firm, P.C. Wesner Coke & Clymer, P.C. Whaley, Letteer & Mock, P.C. Williamson Law, PLLC Winn, Beaudry & Winn, L.L.P. Wisener Nunnally Gold LLP Withers & Withers, P.C. Wolfish & Newman, P.C. Woodward & Shaw Woolley <> Wilson, LLP. Yarbrough & Elliott, P.C. Zaby & Associates Law Firms with 6 or More Attorneys Ackels & Ackels, L.L.P. Addison Law Firm P.C. Anderson Tobin, PLLC Andrews & Barth, PC Asiatico & Associates Baker Botts, L.L.P. Beirne, Maynard & Parsons, L.L.P. Bell Nunnally & Martin LLP Boyle & Lowry, L.L.P. Bragalone Conroy PC Brousseau Naftis & Massingill Burford & Ryburn, L.L.P. Canterbury, Gooch, Surratt, Shapiro, Stein & Gaswirth, P.C. Carrington, Coleman, Sloman & Blumenthal, L.L.P. Carstens & Cahoon, LLP Carter Scholer Arnett Hamada & Mockler, PLLC Cavazos, Hendricks, Poirot & Smitham, P.C. Cobb Martinez Woodward PLLC Condon Thornton Sladek Harrell LLP Cooper & Scully, P.C. Cowles & Thompson, P.C. Cozen O’Connor Cutler Smith, PC Deans & Lyons, LLP Duffee + Eitzen LLP Estes Okon Thorne & Carr PLLC Farrow-Gillespie & Heath LLP Ford, Nassen & Baldwin Godwin Lewis PC Griffith Davison & Shurtleff, P.C. Gruber Hurst Elrod Johansen Hail Shank LLP Guida, Slavich & Flores, P.C. Hankinson LLP Hiersche, Hayward, Drakeley & Urbach, P.C. Higier Allen Lautin, P.C. Hoge & Gameros, L.L.P. Jordan Cresswell Monk Reber, PC
Kessler Collins, P.C. Key Harrington Barnes PC Klemchuk LLP KoonsFuller Littler Mendelson, P.C. Locke Lord LLP Malouf Lynch Jackson & Swinson, P.C. McCathern, LLP McGuire, Craddock & Strother, P.C. McKool Smith P.C. Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P. Mullin Russ Kilejian PC Munsch Hardt Kopf & Harr, P.C. Passman & Jones, P.C. Quintairos, Prieto, Wood & Boyer, P.A. Rochelle McCullough LLP Sayles Werbner, P.C. SettlePou Shore Chan DePumpo LLP Skiermont Puckett LLP Snell Wylie & Tibbals, P.C. Sorrels, Udashen & Anton Spencer Law, P.C. Stacy & Conder, L.L.P. Staubus & Randall, L.L.P. Steed Dunnill Reynolds Murphy Lamberth LLP Susman Godfrey L.L.P. The Bassett Firm, P.C. The Hartnett Law Firm The Law Offices of Frank L. Branson, P.C. Thiebaud Remington Thornton Bailey LLP Thomas, Feldman & Wilshusen, L.L.P. Thompson & Knight LLP Tollefson Bradley Mitchell & Melendi, LLP Touchstone Bernays Turley Law Firm VernerBrumleyMcCurley Winstead PC Wright Ginsberg Brusilow P.C. Zelle Hofmann Voelbel & Mason LLP Corporate Legal Departments Alon USA Energy Inc. Austin Industries, Inc. Baptist Foundation of Texas Borden Dairy Company D6 Consulting LLC Front Burner Restaurants, LP Hexter-Fair/First American Title Company Morgan Management Corporation Neuberger Berman North Texas Tollway Authority PrimeLending, a PlainsCapital Company Tenaska, Inc. Government Agencies & Law Schools City of Irving UNT Dallas College of Law Special Recognition Students of the UNT Dallas College of Law Inaugural Class 2014
8 He a d n o t e s l D a l l a s B a r A s s o ciation
Column
A ugust 2015
Ethics
An Electronic Signature is Still a Signature by Thomas A. Connop and Jonathan D. Kandelshein
In today’s practice, electronic filing carries with it important ethical considerations for attorneys. These considerations are of particular importance for attorneys filing pleadings and forms in bankruptcy courts. A recent disciplinary action by the Supreme Court of Pennsylvania underscores the importance which courts place on maintaining the integrity of electronic filing systems such as PACER. In Office of Disciplinary Counsel v. William Renwick, No. 153 DB 2013 (Pa. 2015), bankruptcy practitioner William Renwick was suspended from the practice of law for two years, despite not having been the subject of any prior disci-
plinary action in Pennsylvania, for using the CM/ECF identification number of suspended attorney Allan Gallimore in at least 37 cases. Undoubtedly, Mr. Renwick’s punishment was based in part on making a false statement to the Chief Judge of the United States Bankruptcy Court for the Western District of Pennsylvania, Thomas Agresti, regarding the name of the law firm he actually worked for. However, by using the credentials of a suspended attorney to essentially circumvent Mr. Gallimore’s suspension, the disciplinary board held that Mr. Renwick had knowingly assisted a suspended lawyer in the practice of law. Although suspension from the practice of law for two years is a serious consequence for any lawyer, it is important for attorneys to understand that inten-
YOUR REFERRAL RESOURCE Help clients, family, and friends find an attorney. Send them to the DBA Lawyer Referral Service. Call (214) 220-7444 or go to www.dallasbar.org/dallas-lawyer-referral-service. Certified by the State Bar of Texas and meets ABA standards for Lawyer Referral Service programs.
tionally filing documents using another attorney’s name or signature can lead to repercussions that extend beyond a state’s disciplinary board. For example, in In re Smith, 426 B.R. 783 (Bankr. D. Nev. 2011), a bankruptcy court found the debtor’s attorney in contempt when the court discovered that the attorney, who had previously been barred from filing bankruptcy petitions, nonetheless used his own ECF credentials and another attorney’s electronic signature to circumvent a court order. Specifically, the court found that the attorney’s conduct had violated Fed R. Bankr. 9011(b). The court stated that by placing his colleague’s signature on the petition without authority, the attorney had essentially forged his colleague’s name. Accordingly, in addition to reporting the issue to the state bar of Nevada, the court stated that it would be referring the matter to the United States Attorney General for the District of Nevada to determine whether the attorney should face criminal punishment for his actions. See also In re Rich, Memorandum of Decision Regarding U.S. Trustee’s Motion for Review and Disgorgement of Attorney’s Fees, Imposition of Monetary Sanctions, and Injunction Against e-Filing, Ch. 7 case no. 10-64847-B-7 (E.D. Cal. Aug. 29, 2012), (ordering debtor’s attorney to pay $2,000 in sanctions, reimburse the U.S. Trustee for the costs of the investigation, and file hardcopies of all the signature pages for documents that the attorney filed electronically, after the court discovered that the attorney filed the bankruptcy petition without the debtor’s reviewing or signing the document.) For similar issues involving an attor-
If it’s a matter of
ney within the Fifth Circuit, see In re Stomberg, 487 B.R. 775 (Bankr. S.D. Tex. 2013), where the bankruptcy court found that the debtor’s counsel had “resorted to forgery and perjury” by electronically forging the debtor’s signature on the schedules and statement of financial affairs, and by filing those documents without confirming their accuracy with the debtor, and In re Bradley, 495 B.R. 747 (Bankr. S.D. Tex. 2013) (finding that debtors’ counsel had orchestrated a forgery by ordering his assistant to sign, without authorization, the debtors’ electronic signatures on certain pleadings). The use of ECF filing credentials to sign pleadings clearly carries Federal Rule of Civil Procedure 11 and Federal Rule of Bankruptcy Procedure 9011 implications. In addition, and of particular importance to bankruptcy practitioners, attorneys face risks in affixing ECF signatures to bankruptcy forms such as proofs of claim and a variety of notice filings which must be signed under “penalty of perjury that the information provided in this Notice is true and correct to the best of [the signer’s] knowledge, information, and reasonable belief.” All bankruptcy (and non-bankruptcy) practitioners have considerable filing requirements, and they must vigilantly guard against the use of their ECF filing credentials by others and the use of their own credentials on others’ behalf. As illustrated by the cases cited above, the improper use of electronic filing systems may lead to civil and HN criminal penalties. Thomas A. Connop is a Partner, and Jonathan D. Kandelshein is an Associate, at Locke Lord LLP. They can be reached at tconnop@ lockelord.com and jkandelshein@lockelord.com, respectively.
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D al l as Bar A ssoci ati on l Headnotes 9
Bankruptcy & Commercial Law
The Automatic Stay: The Good, the Bad, and the Ugly by Hon. Harlin DeWayne Hale and Andrew G. Edson
Despite its straightforward name, the automatic stay is a powerful protection under the Bankruptcy Code that is often misunderstood. The automatic stay provides a breathing spell to a debtor from litigation and enforcement actions during the pendency of its bankruptcy case and protection for creditors as a whole from early dismantlement of the debtor’s assets. The information in this article should guide non-bankruptcy practitioners in their dealings with the automatic stay.
The Good
Upon a bankruptcy filing, individuals and entities receive the protection of the automatic stay. Under Section 362(a) of the Bankruptcy Code, the automatic stay prohibits the commencement or continuation of any action against the debtor or against property of the estate. This includes a stay on any attempt to foreclose or perfect a lien or proceed against another entity where the dispute involves property of the estate. The scope of the stay is quite broad. A common occurrence is filing a bankruptcy petition to halt a foreclosure of property or the continuance of a lawsuit against the debtor. Once the petition is filed, the stay is—automatic. The debtor is not required to notify the court, although it is advisable to do so. Creditors cannot proceed without first obtaining an order from the bankruptcy court that grants relief from the automatic stay after notice and a hearing. To obtain relief, creditors are required to prove that cause
exists to lift the automatic stay, such as the lack of adequate protection for the creditor, or that the debtor lacks equity in the property and the property is not necessary for an effective reorganization.
The Bad
As is true for any good American law, the automatic stay has exceptions—27 specific and narrow exceptions to be exact. For these exceptions, such as for criminal actions, for the collection of domestic support obligations, for the government’s police power, and for the creation or perfection of a statutory lien for ad valorem property taxes if due after the petition date, the enforcement actions can continue unabated. While not an exception, an important qualification on the scope of the automatic stay is that it does not extend to protect non-debtor entities, such as co-defendants in a lawsuit or a guarantor on a loan, unless the bankruptcy court grants an extension of the stay to such parties. In order to extend the protection, proof that a judgment against a non-debtor co-defendant would in effect be a judgment against the debtor is required. Thus, plaintiffs typically can nonsuit the debtor without violating the automatic stay and proceed with lawsuits against the other defendants. However, if discovery is needed from the debtor, the automatic stay may prevent the plaintiff from obtaining the information sought.
a creditor occurs even when the offending party had no knowledge of the bankruptcy case or of the application of the automatic stay. An act taken in violation of the automatic stay can be declared void by a bankruptcy court or state court. However, if the violation is deemed willful, it can result in sanctions. The award of sanctions is within the discretion of the bankruptcy court. Bankruptcy courts have awarded attorneys’ fees to the debtor or the trustee, and punitive damages are possible in an individual debtor case if there is egregious conduct that violated the automatic stay.
A Word of Advice
And that word is “STOP.” If a defendant in your lawsuit files a bankruptcy petition, call a time out. The suit against the debtor is stayed. The plaintiff may seek relief from the bankruptcy
Hon. Harlin DeWayne Hale is a U.S. Bankruptcy Judge for the Northern District of Texas, Dallas Division. Andrew G. Edson is an associate with Strasburger & Price, LLP, and can be reached at andrew.edson@strasburger.com.
SAVE THE DATE! Wednesday, August 26, 5:00-7:00 p.m. Join the DBA at St. John Boutique (43 Highland Park Village, Dallas)
Honoring the Campaign for Equal Access to Justice 10% of all proceeds from sales will go to support the Campaign for Equal Access to Justice
The Ugly
The automatic stay goes into effect upon the filing of a bankruptcy petition. Because notice of the stay is not necessary, a violation of the automatic stay by
court to proceed or may cut the debtor out of the proceedings, but continuing the lawsuit with a bankruptcy debtor as a defendant is a voidable act and may subject the plaintiff to sanctions by a bankruptcy court. In fact, when it comes to the automatic stay, discretion may be the better part of valor. If there is any question whether property involved in litigation is property of the debtor in bankruptcy, proceed first in bankruptcy court for a ruling. The automatic stay is a powerful tool in the bankruptcy arsenal. Understanding its scope will assist in determining if it applies to each situation and to avoid HN an award of sanctions.
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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
Focus
A ugust 2015
Bankruptcy & Commercial Law
Fifth Circuit Limits Non-Debtor Spouse’s Texas Homestead by Melanie Goolsby
According to recent Fifth Circuit case law, a non-debtor spouse with an interest in a community homestead may unexpectedly lose all of his or her interest in the homestead under certain circumstances created by Congress’s 2005 amendments to the Bankruptcy Code. Section 541 of the Bankruptcy Code sweeps all of the interests of a debtor and the debtor’s spouse in community property on the petition date that is under the sole, equal or joint management and control of the debtor into the bankruptcy estate, regardless whether the debtor’s spouse is also a debtor in bankruptcy. Section 522 of the Bankruptcy Code, on the other hand, allows exemptions from property of the estate only for the debtor in bankruptcy. Specific to the
homestead, the debtor may choose to apply the unlimited Texas homestead exemption created by the Texas Constitution and Property Code. In 2005, however, Congress significantly modified the Bankruptcy Code and specifically targeted the “mansion loophole” created by states like Texas and Florida with unlimited homestead exemptions. As a result, a debtor’s homestead exemption may be capped, notwithstanding applicable state law, if the debtor acquired an interest in the homestead during a 1215 day lookback period preceding the petition date. The cap does not apply to homestead proceeds that have been liquidated and reinvested during the lookback period, provided that the debtor acquired his or her interest in the prior homestead prior to the lookback period. Recent cases from the Fifth Cir-
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cuit have made the risk to non-debtor spouses clear yet have not provided any remedy that may otherwise protect the non-debtor spouse’s interest. The Fifth Circuit found in its opinion in Kim v. Dome Entertainment Center, Inc. that even when a non-debtor spouse has a homestead interest protected by the Texas Constitution, a bankruptcy trustee may sell a debtor’s community homestead property that is subject to the Bankruptcy Code’s homestead exemption cap in order to liquidate the equity in the property above the exemption cap. Relying on Texas and United States Supreme Court case law establishing that a Texas homestead may be sold to enforce a federal tax lien even when multiple parties hold an interest in the homestead, the Fifth Circuit supported the “unremarkable proposition” that a right of sale under federal law may be enforced against a non-debtor spouse, in spite of that spouse’s homestead rights. The Fifth Circuit’s Kim opinion left open the question whether and in what amount the non-debtor spouse might be entitled to some compensation from the homestead sale proceeds, a right that has been recognized under similar circumstances by both Texas law and federal tax law. Building upon its holding in Kim, the Fifth Circuit similarly found in Thaw v. Moser that a forced sale of a non-debtor spouse’s homestead is not a taking prohibited by the Fifth Amendment. The Fifth Circuit reasoned that a takings objection cannot be successfully interposed when the subject property interest came into being after the
enactment of the provision in question. The Thaws had purchased their homestead after 2005 with constructive notice that the homestead exemption was capped and the property could be subject to a forced sale under operation of bankruptcy law. Furthermore, the Fifth Circuit reasoned that the forced sale is not a gratuitous taking since the Bankruptcy Code provision giving the trustee the authority to sell property of the estate also includes protections for non-debtor spouses, including a provision directing the trustee to apportion and distribute proceeds of the sale to the non-debtor spouse and the estate as well as a provision giving a nondebtor spouse the right of first refusal to purchase the property. In conclusion, a non-debtor spouse faces the risk that his or her homestead may be liquidated by the bankruptcy trustee notwithstanding the unlimited homestead protection otherwise guaranteed the non-debtor spouse under Texas law. If the homestead property was acquired after 2005, the forced sale of the homestead will not be considered a Fifth Amendment taking unless it may be considered a gratuitous taking. The Fifth Circuit has carefully left open the question whether and under what circumstances a non-debtor spouse may be entitled to a distribution from the proceeds after a trustee’s sale of the homestead property, leaving lower courts little guidance to determine how a nondebtor spouse might enforce a right to HN distribution. Melanie Goolsby is a Shareholder at Pronske Goolsby & Kathman, P.C. She can be reached at mgoolsby@pgkpc.com.
ABA Publication Discount For DBA Members
CLIENT: Communities Foundation of Texas JOB#: CFOT-14-011 Brand Campaign
BRAD MILLER
President, Encore Multifamily & Business-Advised Fund Holder
Dallas Bar members can purchase ABA books at a 15% discounted rate. For a complete list of titles or to place an order, visit www.ababooks.org. Enter code “PAB7EDBA” upon checkout TRIM: 5"w x 7.75"h and the 15% discount will be automatically applied to your order. LIVE: 5"w x 7.75"h BLEED: n/a COLOR: CMYK PUB: Headnotes CONTACT: Jessica D. Smith, Headnotes Editor Communications/Media Director (214) 220-7477 jsmith@dallasbar.org
Discount does not apply to ABA-CLE iPod products. For assistance, call (312) 988-6112.
RELEASE: 4/9/15 INSERTION: May
COMMUNITY VOLUNTEER OPPORTUNITIES FOR LAWYERS Participate in mentor2.0, contact mklem@bbbstx.org. Tutor a Child Confined to the Henry Wade Juvenile Justice Center, contact ahernandez@dallasbar.org. Volunteer to help at a Dallas Volunteer Attorney Program free legal clinic, contact reed-brownc@lanwt.org.
IN V E S TIN G D EEPLY i n th e COM MU NIT Y
Brad Miller is one of the many businesspeople fostering a community of service from the ground
a Communities Foundation of Texas program that makes it easy for small and midsized companies to do good. Each year on 9/11, EFNT hosts Freedom
Day, an inspirational day of community service. This
year, more than 911 volunteers from the business community put the tools of change to work by renovating transitional housing for veterans and revitalizing the VA North Texas Health Care System’s Dallas Campus. A veteran himself, Brad was proud to serve those who have served.
CFOT-14-011 Headnotes_BMiller_01mg.indd 1
Speak to a Community or Civic Group on a Law-Related Topic, contact mjohnson@dallasbar.org. Participate in the DBA’s Community Service Day, contact elwoodb@gtlaw.com or acavazos@velaw.com. Volunteer to coach a High School Mock Trial team, contact mgarcia@dallasbar.org.
Deep in the heart of giving™
Open your fund today. Call us at 214-750-4226, email giving@cftexas.org or visit www.CFTexas.org/GivingFund.
4/9/15 11:12 AM
Mentor a Child Impacted by Incarceration, contact Mandy Klem at (214) 288-3551.
up through Entrepreneurs For North Texas (EFNT),
A ugu st 2 0 1 5
Focus
Dal l as Bar A ssoci ati on l Headnotes 11
Bankruptcy & Commercial Law
Is That #Hashtag Property of the @Estate? by Evan R. Baker
We have all been there (well, maybe just Millennials). You purchase a new gadget, take it home and open it, but it does not work. You pull out your phone and fire a missive to the manufacturer’s Twitter feed about their defective product. The manufacturer tweets back, apologizes for the defect and consoles you as a part of marketing outreach. Social media success by all standards, right? But what are the legal consequences of the company’s Twitter feed? And who actually owns that account as well as the company’s Facebook, Instagram and other social-media accounts? A recent opinion from the Bankruptcy Court for the Southern District of Texas in In re CTLI, LLC addressed an issue of first impression: whether social-media accounts are property of a chapter 11 debtor’s estate. CTLI was wholly-owned by Jeremy Alcede and conducted business as Tactical Firearms. At its inception, Tactical Firearms sold guns and ammunition, but after receiving some capital from an outside investor—Mr. Wilson—Tactical Firearms transitioned to an indoor firing range and a gun store. After some success, Tactical Firearms’s owner and Mr. Wilson’s relationship soured. After Tactical Firearms defaulted on its outstanding debt, Tactical Firearms sought to reorganize its business before its secured lenders could foreclose on their collateral. The dispute between Tactical Firearms’s owners and investors spilled over into the chapter 11 proceeding, which eventually resulted in Mr. Wilson confirming a plan of reorganization with Mr.
Wilson owning 100 percent of the reorganized Tactical Firearms. As part of the confirmation order giving control of the reorganized Tactical Firearms to Mr. Wilson, the bankruptcy court ordered Mr. Alcede to turn over all passwords and access to Tactical Firearms’s social-media accounts. Mr. Alcede refused to turn over access to those accounts. He argued that the accounts were actually his personal property and were never a part of Tactical Firearms’s estate. In fact, during the bankruptcy case, Mr. Alcede changed the name of Tactical Firearms’s Twitter account from @tacticalfirearms to @ jeremyalcede. He also changed Tactical Firearms’s Facebook account to “Jeremy Alcede Entrepreneur Facebook Page.” After describing the nature of Facebook and Twitter accounts, the bankruptcy court entered into a lengthy analysis as to whether these accounts (and the customers who “like” the pages or “follow” the Twitter accounts) are property of the estate of a corporate debtor. Importantly, the bankruptcy court distinguished between an individual’s social-media accounts (which are protected as an individual’s persona) and a business account. The court determined that the Tactical-Firearms Facebook page as well as the Twitter account (notwithstanding the change in the names of those accounts) were property of the Debtor’s estate. Mr. Alcede was ordered to turn over access to all of the social-media accounts to the new owner of the reorganized Tactical Firearms. The CTLI opinion answers one question as to who owns social-media accounts, but it also creates more ques-
tions. Twitter and Instagram do not claim ownership of the content produced on their respective sites, but do claim to be licensees of all content produced on their sites. Would these terms-of-service agreements be considered executory contacts in a bankruptcy? Could a valuable picture posted on Instagram be used by Instagram for profit while a debtor-corporation loses out? Should an individual’s persona account be treated differently in bankruptcy? While the CTLI opinion reminds bankruptcy professionals of the farreaching impact of a bankruptcy court over all equitable and legal property interests of a debtor, it also has broader implications for practitioners in a myriad of other fields. It serves as a reminder that in today’s legal practice, counsel must consider social media accounts in transactional work as well as litigation. For example: • Court-appointed receivers and counsel to receivers should be cognizant to take control of a company’s social media accounts or to sub-
poena Twitter, Instagram and Facebook immediately upon the receiver’s appointment. • When representing a purchaser acquiring a smaller, family-run company, counsel should be wary to specifically include and identify the social media accounts that are being conveyed as a part of the acquisition. • Both plaintiffs’ and defendants’ counsel should always request copies of tweets, private messages through social media accounts and other forms of social communication during discovery. Such requests could uncover potential admissions to liability by a company or other potentially dispositive evidence. CTLI will not be the last case to address a company’s intangible assets relating to social media posts, but it can inform lawyers to update their practices and be cognizant of yet another aspect of representing companies in HN the 21st century. Evan R. Baker is a senior associate at Gardere Wynne Sewell LLP. He can be reached at ebaker@gardere.com.
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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
A ugust 2015
Distressed Companies in the Oil & Gas Industry by H. Joseph Acosta
According to a recent report by the U.S. Energy Information Administration (EIA), the U.S. remained the world’s top producer of oil and gas in 2014, exceeding the production of both Russia and Saudi Arabia, the second and third largest producers, respectively. While production is high, however, revenues in this industry are down substantially. During the first quarter of 2015, earnings from globally integrated oil companies were down 54 percent from last year. Indeed, Barclays Capital estimates that the recent price decline has erased more than $50 billion in cash flow for oil companies. While globally integrated companies are able to weather the storm because of their diversification, most companies in the oil and gas industry, which are smaller and focused on particular areas, may not be. For example, exploration and production (E&P) companies, which explore new areas for oil and gas and drill wells for production, have experienced a significant amount of financial distress. Numerous E&P companies have filed bankruptcy already in 2015, including WBH Energy L.P. (Austin), BPZ Resources (Houston), Dune Energy
(Houston), Quicksilver Resources, Inc. (Fort Worth), American Eagle Energy Corp. (Colorado), and ERG Resources, LLC (Houston). The reason for the distress is that E&P is a capital intensive industry, notwithstanding recent technological advances. Given the costs involved, there is a “break-even” point where the price of crude oil must be in order for E&P companies to maintain operations. This break-even point depends, in large part, on the difficulty in drilling in certain shale formations. When the breakeven point is reached—whether it be $50 or $60 dollar per barrel—cash-strapped E&P companies are compelled to either borrow more money or obtain more investment capital to continue operations. Unfortunately, banks and investors are currently more conservative in their lending and investment practices. In addition, many E&P companies are facing potential defaults on their loans with lenders (bondholders and banks), due to the reappraised value of their oil and gas reserves, which have been pledged as collateral to the lenders. Lenders generally require these reserves to be appraised every six months, and the next round of appraisals, starting in the Third Quarter of 2015, will likely reveal
that the values of the pledged reserves are substantially less than required by the respective loan agreements. At that point, the lenders will be entitled to foreclose on their collateral, forcing these E&P companies, absent obtaining waivers of the loan defaults, to sell their assets to generate revenue or file for bankruptcy. Oilfield services companies (OFS) are similarly impacted when E&P companies reduce drilling operations. OFS companies provide the oil rigs and related equipment, as well as the workforce, necessary for the exploration, drilling and build out of new facilities. There are approximately 10,000 OFS companies in the U.S., ranging in size from Fortune 500 companies to small local retailers. The oil rig count in the U.S. is one of the benchmarks in determining the need for oil field services. According to Baker Hughes (which has been monitoring rig counts since 1944), the average U.S. rig count has been declining regularly on a monthly basis and is 52 percent lower than last year. While large companies, like Halliburton and Baker Hughes, can survive the downturn in demand, smaller companies are expected to experience significant distress, leading many of them to sell off their assets, merge or
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Pronske’s Texas Bankruptcy 15th Edition
H. Joseph Acosta is a partner at FisherBroyles, LLP and can be reached at joseph.acosta@fisherbroyles.com.
Professionalism Tip
I will not, without good cause, attribute bad motives or unethical conduct to opposing counsel nor bring the profession into disrepute by unfounded accusations of impropriety. I will avoid disparaging personal remarks or acrimony towards opposing counsel, parties and witnesses. Find the complete Creed online at http://txbf.org/texas-lawyers-creed/. Excerpt from the Texas Lawyers Creed
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file bankruptcy. Similarly, there are companies that provide ancillary services to the people in the oil & gas industry. These ancillary services include things like providing man camps, apartments, restaurants, entertainment and other related services. Considering that the OFS workforce is currently experiencing significant layoffs, ancillary services are likewise experiencing a decline in the demand. Those companies that have borrowed too much money in recent years may not be able to generate sufficient income to maintain profitable operations or even meet their debt obligations. Because lenders are even more skittish about lending to these specialized businesses, when these companies run out of cash, they will likely have little options but to file bankruptcy. While the price of oil has rebounded within recent months, because world production remains high, prices may not reach their historic levels, again, for several years. In the meantime, there will continue to be a fair amount of distress in the oil & gas industry, as demontrated, due to the domino effect oil prices have HN on smaller companies.
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Augu st 2 0 1 5
D al l as Bar A ssoci ati on l Headnotes 13
INSPIRING WOMEN VIII The DBA hosted the eighth annual “Inspiring Women” luncheon on Friday, July 17. More than 550 members of the Dallas legal community came to hear inspiring stories from a panel of esteemed women lawyers who related humorous and honest insights into professionalism and how they have reached the pinnacles in their careers. Those participating in the panel included: Dallas District Attorney Susan Hawk; Monica Brown, Lennox International; Ophelia Camiña, Susman Godfrey; Hon. Margaret Keliher, Texas Business for Clean Air; Stacey Doré, Energy Future Holdings; Allyson Ho, Morgan, Lewis & Bockius; and Hon. Karen Gren Scholer, Carter Scholer Arnett Hamada & Mockler.
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
A ugust 2015
Internet Torts: What are the Limits of Personal Jurisdiction? By Shelly L. Skeen and Claire E. James
Increasingly, speech on the Internet is a source of both litigation and evidence. Assume nothing on the Internet is anonymous or private. When litigation is imminent or ongoing, parties keep a low internet profile and should never discuss the subject matter of the litigation or the parties to the litigation on the internet. A client who blogs, tweets, or posts must be careful to be accurate and complete. While opinion speech is protected, opinion speech can subject a client to liability if the opinions contain facts and data. In the fall of 2014, the Texas Supreme Court issued its 5-4 decision in In re Doe a/k/a “Trooper.” That decision vacated a Harris County District Court’s decision ordering Google to disclose the identity of an anonymous internet blogger in pre-suit discovery under TRCP 202. The Court held that a Rule 202 “proper court” must have personal jurisdiction over the potential defendant. Earlier in 2014, in Walden v. Fiore, the US Supreme Court left undecided the issue of when and how a non-resident defendant’s internet presence established sufficient minimum contacts under Due Process. How can aggrieved clients obtain relief against online tortfeasors? The
short answer is creative lawyering until the courts provide additional guidance on how to establish personal jurisdiction. In Doe, an anonymous blogger named “Trooper” started a Google blog. The blog was critical of The Reynolds and Reynolds Company and its CEO. Reynolds is a privately held provider of software to automobile dealerships headquartered in Ohio with offices in Texas and other states. Reynolds filed a Rule 202 lawsuit against Google seeking Trooper’s identity, claiming Trooper had defamed and disparaged Reynolds. Trooper filed a Special Appearance supported by an affidavits signed by him under his pseudonym, and his attorney. Trooper also filed a Motion to Quash and Motion for Protective Order, arguing (1) he had a fundamental First Amendment right to anonymous free speech; (2) that his conduct was not actionable under the law, and (3) Reynolds had no damages. The district court ordered Google to disclose Trooper’s identity. Trooper filed a mandamus with the Texas Supreme Court. Trooper argued no Texas court had personal jurisdiction over him such that any Texas court could order his identity disclosed. The majority agreed with Trooper, holding that a court must have personal jurisdiction over the potential defendant.
The Court noted Texas allows the broadest pre-suit discovery in the nation, allowing, among other things, depositions to investigate potential claims, instead of just to perpetuate testimony. Justice Hecht, delivering the opinion for the majority, stated “[w]e will not interpret Rule 202 to make Texas the world’s inspector general.” Noting that Rule 202 had already been used to adjudicate Trooper’s First Amendment claims, the Court stated two reasons for vacating the trial court’s order. First, “to allow discovery of a potential claim against a defendant over which the court would not have personal jurisdiction denies the defendant the protection Texas procedure would otherwise afford,” including circumventing the protections of Rule 120a. Second, to allow the pre-suit deposition without personal jurisdiction over a potential defendant unreasonably expands the Rule. The burden is on the plaintiff to plead allegations showing personal jurisdiction over the defendant. The Court stated, “We recognize that this burden may be heavier in a case like this, in which the potential defendant’s identity is unknown and may even be impossible to ascertain. But even so, Rule 202 does not guarantee access to information for every petitioner who claims to need it.”
In Doe, the Texas Supreme Court did not say a plaintiff can never obtain an anonymous internet blogger’s identity using Rule 202. But the Court did not describe how a plaintiff could obtain facts sufficient to establish personal jurisdiction. Federal law is also unsettled on whether personal jurisdiction must be proven in mass copyright lawsuits, where copyright owners attempt to sue multiple defendants for downloading and sharing copyrighted material. In courts requiring a showing of personal jurisdiction over unknown defendants, plaintiffs have utilized geolocation to identify a defendant’s approximate location based on the IP address. Internet forensics firms also provide this service. One Cornell Law School professor stated centuries of legal experience have provided ample guidance to deal with most internet issues. However, until there is further guidance from the US Supreme Court, lawyers should take special care to plead enough jurisdictional facts to establish personal jurisdiction over a defen HN dant, anonymous or not. Shelly L. Skeen is a shareholder and Claire E. James is an associate at BFS Law Group. You can reach them at sskeen@ bfslawgroup.com and cjames@bfslawgroup.com, respectively.
An Overview of Oil & Gas Bankruptcy Issues continued from page 1
pitfall can exist in cases with multiple debtors because the bankruptcy notice will likely be filed in a jointly administered bankruptcy under the name of a lead debtor, and that lead debtor may not be the same as the liable debtor. Furthermore, such lien rights might be prejudiced
early in a case by orders granting the debtor’s secured creditors superior lien rights in exchange for post-petition financing. See e.g., §364. Creditors may object to try to prevent such “priming” of their liens. Creditors may also have rights of setoff or recoupment. The Bankruptcy Code preserves state law rights to setoff §553. To set off, “mutuality” (the same agree-
ment) must exist between the creditor and debtor and automatic stay relief must be obtained. Bankruptcy courts generally will not allow triangular setoffs involving multiple debtors and a creditor, which frequently arise under “master netting agreements” in oil and gas cases. Recoupment, which involves netting of obligations within in the same transaction, however, does not require relief from the automatic stay, but is more narrowly applied. As more bankruptcy cases result in asset sales under §363, creditors who are counterparties to contracts (like joint operating agreements) and unexpired leases being assumed and assigned to a buyer must pay close attention to important notices and deadlines set by orders establishing bidding and sale procedures. Such creditor-counterparties must have their pre-bankruptcy claims cured, and they must be provided “adequate assurance of future performance” by the proposed buyer. §365(b) (note, in Texas §365 does not apply to oil and gas leases
because they are considered interests in real property). Notice of the proposed “cure” amounts will be sent to counterparties who will have deadline by which to object if they disagree with the amounts. Similarly, counterparties will have a deadline by which to object to the sale, or the proposed buyer, which is usually a short amount of time between the determination of the successful bidder at an auction and the sale hearing. Oil and gas bankruptcy cases raise a number of unique issues (including these and others) for creditors. The Bankruptcy Code provides a variety of mechanisms (and potential pitfalls) for creditors to protect their liens, claims, and interests that attorneys must be careful to navigate given the deadlines that can established on short notice in cases with voluminous pleadings that can quickly overwhelm the client creditor and/or attorney. HN Eric M. Van Horn is Of Counsel at McCathern PLLC and can be reached at ericvanhorn@mccathernlaw.com.
DVAP’s Finest Saedra Pinkerton
Saedra Pinkerton is a solo attorney practicing mainly family law in Dallas. She learned the ropes as a summer clerk for DVAP while in law school. After graduation, Saedra joined Legal Aid of NorthWest Texas, working primarily with homeless clients and victims of family violence. When Saedra went into private practice in 2010, she made DVAP cases and clinics a priority in her firm. Saedra has helped DVAP clients in a variety of matters, from family law to will drafting, and always loves to take on new cases. She has also served as a pro bono ad litem on several DVAP cases. This year, Saedra joined the DBA Family Law Section Pro Bono Committee as well. Thank you for all you do, Saedra!
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
A ugu st 2 0 1 5
Focus
Dal l as Bar A ssoci ati on l Headnotes 15
Bankruptcy & Commercial Law
More Lenient Standard for Collection of Attorneys’ Fees by Meggie Gilstrap
Sitting en banc, the Fifth Circuit reversed longstanding precedent providing that bankruptcy attorneys receiving fees paid by the bankruptcy estate must show that their services “represented an identifiable, tangible, and material benefit to the estate” in order to be paid. In re Pro-Snax Distributors, Inc., 157 F.3d 414, 426 (5th Cir. 1998) (“Pro-Snax”) overruled by In re Woerner, 783 F.3d 266 (5th Cir. 2015). Under the new rule, attorneys may collect fees from the bankruptcy estate as long as they can show that their services were “reasonably likely to benefit the debtor’s estate.” In re Woerner, 783 F.3d at 268. In Pro-Snax, the Fifth Circuit considered for the first time the proper standard for evaluating an award of attorneys’ fees to a chapter 11 debtor’s attorney under section 330 of the Bankruptcy Code. In 1995, various creditors of Pro-Snax filed an involuntary chapter 7 petition to force the debtor into bankruptcy. The debtor exercised its statutory right to convert the proceeding to a chapter 11 case, but after confirmation efforts failed, the case was reconverted to a chapter 7 liquidation. Andrews & Kurth represented ProSnax throughout the bankruptcy cases. The relevant holding in Pro-Snax appears in just a few paragraphs at the end of the opinion. The Fifth Circuit held that the bankruptcy court had applied too lenient a standard in asking whether Andrews & Kurth’s services had been “useful” and “reasonable.” at 426. It instead adopted a standard requiring attorneys’ services to rep-
resent an “identifiable, tangible, and material benefit to the estate” in order to be compensable. In other words, “the chances of success must outweigh the costs of pursuing the action.” The Pro-Snax standard existed undisturbed for over 15 years. In 2014, the Fifth Circuit suggested for the first time that the outcome had been “misguided.” In re Woerner, 758 F.3d 693, 703 (5th Cir. 2014) (Prado, J., specially concurring). In the first Woerner opinion, a Fifth Circuit panel applied the Pro-Snax standard but filed a unanimous concurrence urging the Fifth Circuit to reconsider the decision en banc. The Fifth Circuit agreed with the Woerner panel and granted rehearing. In its en banc opinion, the Fifth Circuit cited two reasons for the modification of the Pro-Snax standard. First, the court noted that Pro-Snax conflicted with the language and legislative history of section 330. Section 330 gives a bankruptcy court discretion to determine the amount of reasonable compensation, but constrains that discretion by requiring the court to take into account various factors, including “whether the services were necessary to the administration of, or beneficial at the time at which the service was rendered toward the completion of, a case” under title 11. 11 U.S.C. § 330(a)(3)(C). A court must disallow compensation when “the services were not reasonably likely to benefit the debtor’s estate or necessary to the administration of the case.” 11 U.S.C. § 330(a)(4)(A). Based on this text, the en banc court reasoned that section 330 “explicitly contemplates compensation for attorneys whose services were rea-
sonable when rendered but which ultimately may fail to produce an actual benefit.” The court also found persuasive Congress’s decision to add the phrase “at the time at which the service was rendered” during the legislative drafting process. Second, the Fifth Circuit panel found persuasive the fact that the Second, Third, and Ninth Circuits had rejected the actual benefit test adopted in Pro-Snax. The Second Circuit adopted a “reasonably likely to benefit the estate” standard and rejected a requirement that made a fee award contingent upon a showing of “actual benefit.” See In re Ames Department Stores, Inc., 76 F.3d 66, 71 (2d Cir. 1996). The Third Circuit explicitly rejected the Pro-Snax holding, finding
that it had erred in imposing a “heightened standard.” In re Top Grade Sausage, Inc., 227 F.3d 123, 132 (3d Cir. 2000) abrogated on other grounds by Lamie v. U.S. Trustee, 540 U.S. 526 (2004). The Ninth Circuit agreed with the Second and Third Circuits in In re Smith, 317 F.3d 918 (9th Cir. 2002). By rejecting the Pro-Snax standard, the Fifth Circuit brought its jurisprudence in line with other circuit courts and prevented a possible challenge at the Supreme Court level. The ultimate success of services rendered by debtors’ attorneys is now “relevant to, but not dispositive of, attorney compensation” HN in the Fifth Circuit. Meggie Gilstrap is an Associate at Baker Botts L.L.P. She can be reached at meggie.gilstrap@bakerbotts.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 ciation
Column
A ugust 2015
State Bar of Texas President
Paving the Way for the Journey Ahead tance Program (TLAP). TLAP has long who need it the most, but can afford it the provided “24/7” confidential help for law- least. Our State Bar of Texas budget dediyers, law students, and judges to overcome cated $250,000 toward the Patrick Sheeran I begin my tenure as president of the substance abuse or mental health issues. In and Michael J. Crowley Memorial Trust. As State Bar of Texas, grateful for the opportu- the past year, TLAP counseled more than an LCL-based entity independent from the nity to outline some of my initiatives. State Bar, the trust helps pay 600 “clients.” Volunteers from First, I commend the Dallas Bar Associa- LCL and TLAP staff reached health care providers assisting tion for a strong commitment to improving out personally, and delivered attorneys who have depresthe profession. A reputation for pro bono more than 100 presentations sion, substance use, or other access to justice through the Dallas Vol- at local bar association events, mental health issues, but have unteer Attorney Program, Legalline, and judicial conferences, TexasBarno financial resources for award-winning diversity and mentoring CLE events, and law schools treatment. This year my goal is programs such as Lawyers Concerned for on the critical importance of to match the State Bar’s conLawyers (LCL) is legendary. We share a pas- attorney well-being. This year tribution with donations from sion for service and equal opportunity, and I we will be very proactive in other “affinity” bar organizalook forward to working together in the year educating our members about tions, firms, and individuals. ahead to advance these ideals. We are off to a great start: The the mission of TLAP through In my career, when an appropriate occa- an inspirational video showTexas Center for Legal Ethsion arises, it is important for me to share my casing how the program can ics and the Texas Bar College own story of recovery to give hope to others, affirmatively each contributed $30,000, and change—and Allan K. DuBois and inspire action. One of my presidential even save—lives. our LCL volunteers personally initiatives is to support and publicize the proAccessing professional treatment gave $12,000. fessional services of the Texas Lawyers’ Assis- resources can be prohibitively costly to those Our noble profession needs experienced, engaged, actual practice experts to provide daily support and share knowledge, primarily with newly licensed “solo” attorneys, involving “hands on” assistance of seasoned attorneys. The State Bar has approximately 7,500 active members over the age of 70. A New Date: Friday, August 21, Noon at Belo clear mandate exists to establish an Emeriby Allan K. DuBois, State Bar of Texas President
J.L. Turner Legal Association Bedford Awards Luncheon Keynote Speaker: Cheryl Wattley, UNT Dallas College of Law
tus Lawyers Section, to promote their common interests nearing the twilight of distinguished careers, while fulfilling a need to develop actual working practice relationships with “rookie” lawyers, to match and maximize their respective strengths. This year we project reaching 100,000 members, making the State Bar of Texas the second-largest active-member state bar in the United States. Imagine this massive army of attorneys productively engaged in the numerous programs our state and local bars offer—including mentoring and pro bono service—and the impact it would have throughout Texas. Although this tremendous task will take more than my tenure to accomplish, the legal profession is in a place and time where renewed member investment and individual collaboration will have transformative rewards—not only in our profession but for the greater community. History has shown that great things begin with one, but miracles occur with the help of others. I hope that you will join me as we pave HN the way for the journey ahead. Allan K. DuBois is 2015-2016 president of the State Bar of Texas and the founder and owner of the Law Offices of Allan K. DuBois in San Antonio. He may be reached via email at statebarpresident@texasbar.com.
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Augu st 2 0 1 5
Focus
Dal l as Bar A ssoci ati on l Headnotes 17
Bankruptcy & Commercial Law
Six Reasons to Consult a Bankruptcy Attorney by Anne E. Burns, Majeedah Murad, and Jordan M. Lewis
Regardless of the type of law you practice, bankruptcy issues will likely affect your client. Recognizing when to seek the advice of competent bankruptcy counsel is an absolute must, because improper treatment of these issues could prejudice your client’s interests. This article will help you identify some common situations where advice from a bankruptcy attorney could be beneficial. When Your Client Is Facing a Judgment. Once a judgment is issued against your client, the judgment creditor will attempt to collect. Your client may need to consider bankruptcy. The filing of a bankruptcy petition triggers the “automatic stay” which operates as an injunction, halting most attempts to collect on debts such as judgments. The petition also abates many civil legal proceedings. Once the stay is in place, willful attempts to enforce a judgment or retain a bankruptcy debtor’s property can result in sanctions against the creditor. Furthermore, during the bankruptcy case the judgment might be reduced to a fraction of its value and the difference discharged. When Your Client Is Seeking a Judgment. If you are the plaintiff ’s lawyer, a knowledgeable bankruptcy attorney may help protect the client’s judgment in bankruptcy. However, this could require planning before the judgment is ever issued. For instance, a judgment with specific language, obtained with an evidentiary hearing and issued with court findings might collaterally estop a defendant debtor
from discharging the judgment debt in bankruptcy. On the other hand, a default judgment or judgment acquired without an evidentiary hearing and issued without court findings may be dischargeable. The right preparation is crucial. When Your Client Is Involved in Settlement Negotiations. Because bankruptcy can drastically affect a state or federal court judgment, you should know the benefits and dangers of bankruptcy to your client before entering into settlement negotiations. Consulting with a bankruptcy attorney can help a plaintiff optimize the amount collected from the defendant or help a defendant understand whether and to what extent he or she can use the threat of filing bankruptcy as a negotiating tool. Knowing how your client is affected by bankruptcy will help guide settlement discussions and even the scope of discovery. When Your Client Has a Foreclosure or Eviction Matter. The automatic stay in bankruptcy also halts foreclosure and eviction proceedings. If your client is on the verge of being evicted or foreclosed upon, filing for bankruptcy protection could give your client room to breathe while they find a new job or a new place to live. Conversely, if your client is a landlord or mortgagee, your client needs to be aware that going forward with eviction or foreclosure could be a costly violation of the automatic stay. However, with the bankruptcy court’s permission the stay can be lifted to allow your client to proceed with an eviction or foreclosure. When Your Client Contemplates
Divorce. Filing a bankruptcy prior to, during or after a divorce may adversely affect your client’s property settlement, as bankruptcy can alter the legal rights of the parties. For instance, an exspouse’s obligation pursuant to a separation agreement, divorce decree or other court order might be dischargeable in a Chapter 13 case. On the other hand, child support and other forms of support that qualify as “domestic support obligations” under the Bankruptcy Code are non-dischargeable. Also, the filing of a bankruptcy by your client’s spouse during a divorce or separation may significantly impact separate and community property rights. When Your Client’s Spouse Intends to File Bankruptcy. There are often strategic reasons why only one spouse files for bankruptcy. When this happens, the non-filing spouse both obtains certain rights and is exposed to unique risks. For instance, legal action against a non-filing spouse involving community property can violate the
stay. Even property titled solely in the name of the non-filing spouse may still be protected by the stay. In a Chapter 13 case the non-filing spouse is specifically protected from a creditor’s collection attempts as a co-debtor on community debt. On the other hand, in certain circumstances a non-debtor spouse may be divested of homestead rights and interests in property that are included in the debtor spouse’s bankruptcy. Conclusion. If you are faced with any of the above scenarios, it might be wise to consult a bankruptcy attorney. Of course, the list above is nowhere near exhaustive. And we have omitted the most obvious: when your client says he or she cannot afford legal ser HN vices anymore. Anne Burns (aburns@chfirm.com) and Majeedah Murad (mmurad@chfirm.com) are associates with Cavazos, Hendricks, Poirot & Smitham, P.C. Jordan Lewis (jmontylewis@gmail.com) finishes his term as law clerk to the Hon. Harlin. D. Hale in September.
SAVE THE DATE!
DBA Community Day of Service Saturday, October 24, 2015 A day of community service hosted by the DBA’s Community Involvement Committee. If your firm or group has an idea for a project that you would like to organize, please contact elwoodb@gtlaw.com or elwoodb@gtlaw.com.
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
A ugust 2015
In The News
FROM THE DAIS
Ted Steinke, of the Law Office of Ted Steinke, lectured for the National District Attorney’s Association “Evidence for Prosecutors” course in Long Beach, California.
KUDOS
Kaplan Inspiring Women of the Southwest Award from The Southwest Jewish Congress. Jim Mueller, of VernerBrumleyMcCurley PC, has been appointed President of The National Advocates: Top 40 Under 40.
Bar of Texas Hispanic Issues Section “Bar Association of the Year Award” for 2014-2015 for “Outstanding Community Involvement, Commitment to Increase Awareness of Hispanic Issues, and Dedication to the Hispanic Community.” Jared Slade, of Alston & Bird LLP, received the 2015 Award of Merit from the Federal Bar Association for his efforts in pro bono appointments from the Pro Bono Civil Panel for the Northern District of Texas-Dallas Division.
Joe E. Marshall has formed the firm of Marshall Law. www.MarshallLaw.net. Nicole LeBoeuf has joined Anderson Tobin, PLLC as Partner; Tobi M. Andrews and Jared T.S. Pace have joined as Associates. Adam C. Ragan has joined McGuireWoods LLP as Associate.
Gary Udashen, of Sorrels, Udashen & Anton, has been named a recipient of Super Lawyers 2014 Pro Bono Awards.
Scott P. Stolley, of Thompson & Knight LLP, has been appointed by the State Bar President to be a commissioner on the Texas Access to Justice Commission.
Frank L. Branson, of The Law Offices of Frank L. Branson, has been named president of the Association of Plaintiff Interstate Trucking Lawyers of America.
Lon R. Williams Jr., of Polsinelli PC, has been elected a Fellow in the College of Labor and Employment Lawyers.
Jennifer L. Kelley, of Fanning Harper Martinson Brandt & Kutchin, P.C., has been promoted to firm member.
Charlene Koonce, of Scheef & Stone, L.L.P., has been elected to the 2015 Board of Directors of Empowering Women as Leaders.
Natalie Smeltzer, of Weil, Gotshal & Manges LLP, has been named the 2015 Dallas Association of Young Lawyers (DAYL) Pro Bono Service Award winner.
Hans Heppe, of Locke Lord, has been appointed as Honorary Consul of the Federal Republic of Germany in the United States for the North Texas region.
Cynthia Marcotte Stamer, Robert Chadwick, Jr. and Timothy Soefje have formed Stamer | Chadwick | Soefje, PLLC, 5851 Legacy Circle, 6th Floor, Plano, Texas 75024. (469) 626-5180.
Michele Wong Krause, of the Wong Krause Law Firm, received the Audrey
The Dallas Hispanic Bar Association was selected as the recipient of the State
Laura Jones has joined Cordell & Cordell PC as Associate.
John M. Cone has joined Ferguson, Braswell & Fraser, P.C.
Donnie Apodaca and Matt Rigney have joined Tollefson Bradley Mitchell & Melendi as Associates.
Robert Dockery has joined Polsinelli PC as Shareholder.
15th Annual Freedom Run 5K Run
Thursday, September 10, 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.
ON THE MOVE
Eric Policastro has joined Deans & Lyons, LLP as Associate. David Heidenreich has joined Carrington Coleman as Partner.
Christopher Wood has joined Chamblee Ryan. Dena DeNooyer Stroh has joined North Texas Tollway Authority as General Counsel. William Meili has moved his office to 100 S. Village Center Drive, Southlake, TX 76092. (214) 363-1828. John Ting has formed Ting and Tran Law Firm, at 4026 S. Buckner Blvd, Dallas, TX 75227 (469) 645-8464. www.TingTranLaw.com
Robert A. Emerson has joined VernerBrumleyMcCurley PC as Associate. Michael Kelly, Erika Toledo and Eric Weborg, Jr. have joined Burford & Ryburn, L.L.P. as Associates. C. Todd Hewes and William L. Medford have joined Lewis Brisbois Bisgaard & Smith LLP as Associate and Partner, respectively. Paul Montemayor, Andrew Ostapko and Robert J. Ward have joined Winstead PC as Associates.
Noah Nadler has joined Wick Phillips as Senior Associate. Jon Hyland has joined Barnes & Thornburg LLP as Partner. Jason Villalba has joined Gardere Wynne Sewell LLP as Corporate Partner. Michael Pezzulli has joined Holmes Firm P.C. as Shareholder. News items regarding current members of the Dallas Bar Association are included in Headnotes as space permits. Please send your announcements to Judi Smalling at jsmalling@dallasbar.org.
FAMILY LAW - BEYOND THE BASICS Wednesday, August 12, Noon, at Belo MCLE 4.00, Ethics 0.50
Office of the Attorney General • Nonparent Custody • Family Formation Law for Same Sex Couples Register at www.dallasbar.org or email taylorb@lanwt.org. Sponsored by DVAP and the Family Law Section Pro Bono Committee
Augu st 2 0 1 5
Classifieds
Dal l as Bar A ssoci ati on l Headnotes 19
August
EXPERT WITNESS
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.” 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) 222-9494. dlopez@pulmanlaw.com.
OFFICE SPACE
Ready To Practice Law “Like A Boss”? No Law Firm Required. Independent business attorneys and litigators need a professional, secure place to work, meet clients, and network - NOT just another executive suite, sublease, home office or coffee shop. VENUE is a “working clubhouse” built BY attorneys, exclusively FOR attorneys. Occupying two top floors in a landmark downtown building, VENUE provides the resources, training and support attorneys need to launch their firms and accelerate their practices. In addition to workspaces and offices, VENUE members will have access to: 30+ hours CLE & management/ development training annually, exclusive networking & social events, and an elite network of 100+ local partner-level peers. VENUE is the “Practice of Law Made Perfect.” For info or to schedule a tour: www.attorneyvenue.com. Turtle Creek Blvd-Upscale law firm has class A office space available with highend decor. Located at 3811 Turtle Creek, high floor, 2 offices available, One Large office w/view of downtown ($2600), One medium office $1250). Access to conference room, kitchen, gym in building, Please contact Heather at (214) 728-6609. Spring Valley and Hwy. 75. Private office space and suites for lease in Richardson. Excellent Location off Spring Valley two blocks east of I-75. Perfect space for Attorneys/CPA’s/Title Company/ Insurance Agent/Architects. Availability of Two Suites. Amenities Include: Receptionist service, Use of standard conference room, Complimentary coffee service, Full kitchen, Copier/scanner available for an added charge. Flexible lease terms. All utilities included. Free parking and 24/7 access. Additional information available please send email to: janice@nacollawfirm.com. Ready For A Change? Leaving an existing firm or you are a solo practitioner? Thinking about an Executive Suite? Join an office of established attorneys with all the benefits of being in a law firm environment, being able to brainstorm with seasoned attorneys. Ours is a relaxed, yet professional environment in tasteful, bright offices in a class A building overlooking a lake and with a view of downtown. Includes administrative stations, conference room, kitchen, copier, phone system, reserved garage parking, and other amenities. Plenty of guest parking and next to the Dart rail system. One execu-
tive office or two smaller offices. If this sounds like your future office home, give us a call at (214) 750-1600 for details. Far North Dallas - Tollway & Frankford Rd - Office Space Available, 2588 square feet. Ready to go! Includes 7 Large Carpeted Private offices. Reception Area, Large Conference Room, Large Kitchen, Storage and Utility Rooms, Ample Parking. Lease rate $13.75 per sq. ft. One block east of Dallas North Tollwaycontact Kevin at (214) 770-4063 or kevin@kevinodavis.com. McKinney Avenue. Furnished single office with secretarial space available if needed within small real estate law firm located at 4054 McKinney Avenue. Shared conference and break room, furniture, copier, fax, DSL & phone equipment are available if needed. No long term commitment and a monthly rate of $850.00. Call (214) 520-0600. Park Cities/Central Expressway – Upscale law firm has Class A office space with high-end finish-out available. Located at 8150 Central Expressway in Dallas. Up to 3 partner offices, 6 associate offices, and 6 interior offices available. Access provided to 2 conference rooms, large boardroom and kitchen, as well as office amenities/equipment such as phone, Internet, copier, etc. Free surface and garage parking. Please contact Chelsea at (214) 367-6000. Downtown Dallas Class A. 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. Walnut Hill & Central Expressway. Large Partner/Attorney corner office with views of downtown Dallas with two smaller interior adjacent offices in a 14-story office building at Walnut Hill and Central Expressway. Available Immediately. Terms Flexible. For additional information, please contact Kay Wilbanks at (972) 774-1276. 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. 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, floorplan and greater detail, please visit us at www.MeadowsLawCenter.com or call (214) 368-7880 Ext 4413. North Dallas. Law firm located at Lincoln Centre has one partner size office and cubicle available. Located at LBJ and the Tollway; two conference rooms; break room/kitchen; copier; Email: dallasipfirm@gmail.com for more information. North Dallas Tollway & Spring Valley. Large roomy office with plenty of space to share with one or two attorneys looking to office in North Dallas. Located on the south-bound side of the Dallas Tollway, between Quorum and Spring Valley. Three spaces available: 19 x 13 (250 sq. ft), large, roomy, open area with ample space for full desk set and a modest conference table; 16 x 12 (200 sq. ft) semi-
private space; and 12 x 10 (120 sq. ft) private office with door. All three spaces have access to a separate entrance, and separate sink/coffee counter. Conference room, receptionist, Internet, and VOIP phone service with capacity for separate phone numbers and direct inward dialing. If interested call (214) 506-1100. Park Cities/Preston Center/Toll Road – Spacious window office with adjoining conference room or secretarial space in recently built office suite. Amenities include additional large conference room, receptionist, fax, high speed color scanner/copier/printer, parking garage, Internet-wired and Wi-Fi. Email rick@tubblawfirm.com or call (214) 965-8535. Uptown law firm seeking litigation attorney. Fully furnished office, receptionist and conference room. Includes photocopy/scanner/facsimile, break room and parking garage. Walking distance to restaurants and the Katy Trail. Call Charles at (214) 522-4900. Allen, TX Office Space available for lease. Amenities include cutting edge VOIP phone service, high-speed Internet, access to common areas (kitchen, conference room, parking, lobby), receptionist, voicemail, copy and fax services, wireless Internet, mail service, conference room, cloud-based server, and individual phone numbers. Office is professions, quiet, very nicely appointed, and located at Twin Creeks Drive and Exchange Parkway. Or, you can rent a virtual office including telephone phone answering, routing and screening, voicemail, mail service, fax and copy access, conference room, wireless Internet, and access to building common areas. For additional information, please contact Wendy Wilson at (972) 359-1207 or wendy@pnclawfirm.com.
POSITION AVAILABLE
Commercial Real Estate Attorney: Are you a 7-15 year real estate attorney with an entrepreneurial spirit but held back by, or unsatisfied with, your current firm? We are an AV-rated boutique commercial real estate firm in Dallas with a sophisticated national practice seeking the next generation. Please send resume in confidence to Dallas Bar Association, Box 15-08, 2101 Ross Avenue, Dallas, TX 75201. Real Estate Attorney. Fort Worth law firm seeking attorney with at least 3 years of Real Estate experience. Please send resume and salary requirements to asincleair@bamolaw.com. Business/Transactional Attorney Sought. Established small AV downtown firm seeks experienced attorney to assist with clients of retiring partner. Broad business-related experience desired, including general corporate and M&A experience, real estate conveyancing, contract drafting and negotiation. The firm has an existing client base of small business clients, but the ideal candidate should have his/her own book of business. Our retiring partner will remain as necessary to aid in the transition. Send resume to: DalBusLaw@gmail.com. Are you a Solo or Small Firm Lawyer looking to make life easier? Tired of prac-
ticing law and struggling to manage your business? We can help. Emmert & Parvin, LLP is a new firm seeking the addition of 2 attorneys with established practices in family law and commercial litigation. Our compensation formula requires no billable hours, allows you to set your own schedule, work from anywhere and we handle all firm administration. Dynamic environment, beautiful downtown offices and excellent client service. Contact Chris Parvin at chris@emmertparvin.com for more information. 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.
SERVICES
Helping trial lawyers win cases. Attorney with outstanding research and writing skills available for hourly projects. More than 30 years’ experience; law review, former judicial clerk. (972) 243-8444; www.trialassistance.com. 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. Immediate Cash Paid For Diamonds and Estate Jewelry. Buying all types of jewelry and high end watches. Consignment terms available @ 10-20 % over cash. For consultation and offers please call J. Patrick (214) 739-0089. Business organization and logistics services offered on an hourly basis. Former litigation law firm administrator brings extensive experience in managing and organizing a law office. If you are a startup and need help, or if your firm is splitting and you need organization for moving one branch, I can help. If you litigate, my specialty is arranging remote trial locations, from hotel negotiations to transportation and equipment rental. Outsourcing these services can be cost effective. Contact Lisa@ InGoodHandsDallas.com, and for additional services offered, review my website at: www.InGoodHandsDallas.com. 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.
Need Help? You’re Not Alone. Texas Lawyers’ Assistance Program…………...(800) 343-8527 Alcoholics Anonymous…………………………...(214) 887-6699 Narcotics Anonymous…………………………….(972) 699-9306 Al Anon…………………………………………..…..(214) 363-0461 Mental Health Assoc…………………………….…(214) 828-4192 Crisis Hotline………………………………………..1-800-SUICIDE Suicide Crisis Ctr SMU.…………………………...(214) 828-1000 Metrocare Services………………………………...(214) 743-1200 More resources available online at www.dallasbar.org/content/peer-assistance-committee
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