January 2017 Headnotes: Labor & Employment/Employee Benefits by Jessica Smith

Dallas Bar Association

HEADNOTES

Focus Labor & Employment/Employee Benefits

January 2017 Volume 42 Number 1

Rob Crain to be Inaugurated as DBA’s 108th President by Keith Pillers

Robert D. Crain will be sworn in as the 108th President of the Dallas Bar Association on January 14, 2017. Mr. Crain, a partner at Crain, Lewis, Brogdon, LLP, assumes the position with extensive service experience and credentials. “We are fortunate as an organization to have his efforts and leadership. He and the Dallas Bar Association will have a great 2017!” said immediate past President Jerry Alexander, shareholder at Passman & Jones. “He is also the first guy I call for time or money to help those less fortunate. He and his longtime partner, Chris Lewis, have given at least $ 30,000 a year to DVAP for all years in recent memory, which includes this year with their new Robert D. Crain partner Quentin Brogdon.” Mr. Alexander continued, “Rob is either the kindest tough guy or the toughest kind guy I have ever met. He is extraordinarily competent and honest in his trial work, but tenacious and relentless. It is rare to find that combination of competence and compassion.” Mr. Crain is a Dallas native and always wanted to be a lawyer. “The drama of the courtroom always captivated me. Beginning in middle school, I read a lot of legal thrillers and books on the law and I was a fan of movies like Anatomy of a Murder.” He attended the University of Texas where he received both his B.A. and J.D. “Rob clerked with our firm when he was in law school, and he is one that I hated to see get away,” said Roy Stacy, of Stacy & Conder, L.L.P. “As it turns out, we have ended up having cases against Rob over the years and he is one of the best attorneys we have been up against; always prepared, very professional and courteous, a skilled advocate for his clients. He is also a quality guy with integrity and a generous spirit. I am so glad the Dallas Bar Association has selected someone like Rob to be our President.” Mark Scudder, of Strasburger & Price, LLP, calls Mr. Crain a long-

time friend, but also frequent opposing counsel, “Rob is a quality lawyer who knows the law and zealously advocates for his clients. At the same time, he is always fair, easy to work with, and is a man of highest integrity, character, and professional ethics. As a result, working with Rob on a lawsuit has always led to a result that is just and in the best interests of all parties involved.” For more than 20 years, Mr. Crain’s practice has been devoted to personal injury. In 2007, Crain partnered with criminal defense attorney, Chris Lewis. “We like to help people when life takes an unexpected turn,” Crain reported to D Magazine when the firm was launched. In 2015, Quentin Brogdon joined the firm, now Crain Lewis Brogdon, L.L.P. During Mr. Crain’s distinguished career, he has been listed on U.S. News “Best Lawyers in America.” He is consistently named a “Texas Super Lawyer” by Texas Monthly, and a Best Lawyer in Dallas by D Magazine. In addition to his professional recognition, Mr. Crain has received multiple awards for his bar and community service, including the “Back the Blue Award,” by the Dallas Police Association in 2003, “Outstanding Young Lawyer of Dallas,” by the Dallas Association of Young Lawyers (DAYL) in 2007, and the “John Howie Award,” by the Dallas Trial Lawyers Association in 2016 for his efforts in obtaining a $142 million jury award against a home daycare facility and associated work towards changing policy to which home daycares are subject. Mr. Crain’s bar service dates back to 2001 when he joined the DAYL Board of Directors. During his five year tenure, he helped initiate and organize the Dallas Freedom Run. In 2007, he joined the Dallas Bar Association’s Board of Directors and was elected Chair of the Board in 2013. During his time on the Board, he served as Chair of the Public Forum

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Reverend Richie Butler to Receive 2017 MLK Justice Award

In 2017, through Project Unity, Rev. Butler plans a “Year of Unity” in partnership with On January 16, the Dallas Bar Associa- various local organizations, including the Daltion will honor the Reverend Richie Butler las Bar Association. The “Together We” theme with the 2017 Martin Luther King, Jr. Jus- will be expanded to additional activities, tice Award. The award recognizes area leaders including “Dine,” “Learn,” “Worship,” “Heal,” whose service to the community embodies the “Serve,” and “Pray,” each with corresponding collaborative events designed to strengthen example of Dr. King. The horrific shootings in downtown Dal- the community. “Richie Butler follows pathways in prolas on July 7, which left five officers dead and found ways, addressing racial another 11 people injured, justice and peace,” said Dr. proved to Reverend Butler that Stoker. “Richie elicits hope. He his efforts were needed—now has been a breath of fresh air to more than ever. Rev. Butler, downtown Dallas.” who serves as Senior Pastor to Rev. Butler commenced his the historic St. Paul United pastoral role at St. Paul United Methodist Church (situated Methodist in 2014, following a just four blocks from the Belo unique merger involving St. Paul Mansion), has made improveand Rev. Butler’s former congregament of racial relations a fountion, Union Cathedral. St. Paul, dation of his ministry. founded in 1873 by people who In 2014, following several had been in slavery just a decade highly publicized incidents of earlier, has a rich history steeped violent encounters between in the pursuit of social justice. Dr. African Americans and law Stoker noted that Rev. Butler folenforcement, many of which lows a long line of distinguished were recorded by cell phone St. Paul pastors, including the video, Rev. Butler took action. Reverend Richie Butler notable Reverend I. B. Loud (his With fellow minister Dr. Andy real name), who Stoker recounted Stoker, Senior Minister at First United Methodist Church Dallas, Rev. But- was an outspoken advocate of civil rights in Dallas ler launched a “prayer call for racial reconcilia- in the 1950s and ’60s and who, fittingly in light tion,” which entails weekly Friday morning calls of this year’s award, facilitated visits to Dallas by involving pastors across the nation, and increas- Martin Luther King, Jr. himself. Rev. Butler graduated from the Harvard ingly, around the world. The calls give faith leaders from various backgrounds the opportunity Divinity School and has served as a minister for to share different perspectives on ways to reach more than 15 years. Dr. Stokes describes Rev. Butler as a bi-vocational pastor who also works as common goals. Following discussions in the weekly calls, a commercial real estate developer and real estate Rev. Butler launched a “Together We Ball” fund manager with The Prescott Group. His most event to bring North Texas pastors and Dallas noted real estate development was Unity Estates, police together on the basketball court. Pastors a planned community sponsored by the African and police met in August 2015 at Cobb Field American Pastor’s Coalition in Dallas, which House in South Dallas for a friendly scrim- featured 285 single-family homes in southern mage. “Sport,” Rev. Butler told the Connec- Dallas. This development was heralded nationtion, a United Methodist publication, “is a way ally and was the catalyst that spurred nearly $100 of uniting individuals, communities, cities and million in new development activity in an area nations.” The 2015 event was so well received that had not experienced any new development that Rev. Butler hosted it again in August 2016, in over 20 years. Rev. Cammy Gaston, who serves as the Disas “Together We Ball”—a part of his “Project Unity,” whose purpose is to further Rev. Butler’s trict Superintendent for 80 United Methodgoals of improved community relations. The ist congregations in Dallas, calls Rev. Butler 2016 event was expanded to include an “old an “inspirational leader who helps people work school free throw contest” involving assorted together in ways rarely seen. “He has shown a business and community leaders, bringing fur- special ability to bring together people from all walks of life—whether government, business or ther exposure to the program. “We are underscoring the need and opportu- church—and is helping to bring the community nity to move towards healing and collectively build together,” Rev. Gaston added. “Pastor Butler has dedicated his life’s work to bridges between communities and law enforcement at home and across the country,” Rev. Butler helping others and bringing people of all races and told the Dallas Gospel Connection after the August backgrounds together,” said DBA President Rob 2016 event. “By spending an afternoon building Crain. “The Martin Luther King, Jr. Justice Award relationships, educating all ages, and playing and lists our City’s most notable leaders as past recipiwatching an entertaining game of basketball, we ents. I believe Pastor Butler will continue to be can continue to expect positive results and cool heads when tragedy knocks on our door.” continued on page 14 by Andrew Jones

Inside 5 AT&T Donates $25,000 to Dallas Legal Community 8 Who’s the Boss? It Might be You… 1 Quit or Fired? 1

DBA MEMBER REMINDER – RENEW TODAY! 2017 DBA DUES STATEMENTS were mailed in late November. 2017 DBA DUES must be paid by the end of the month to continue receiving ALL your member benefits including access to over 400 free CLE presentations and your monthly Headnotes publication. If you have not renewed yet, mail in your payment or go online and renew TODAY! Go to the DBA website and under the Membership menu, click on Renew Membership. Thank you for your support of the Dallas Bar Association!