January 2015 Headnotes

Page 1

Dallas Bar Association

HEADNOTES January 2015 Volume 40 Number 1

Brad Weber to be Inaugurated as DBA’s 106th President By Jared M. Slade

Focus Intellectual Property Law

Carlyle H. Chapman to Receive 2015 MLK Justice Award

tion and labor and employment matters. At Locke Lord, Carlyle was committed to the The Dallas Bar Association will present the achievement of young lawyers, particularly young Martin Luther King, Jr. Justice Award to Carlyle African-American lawyers. As a young lawyer who H. Chapman, Jr. on January 19, 2015. The award is benefited from Carlyle’s presence, mentoring, and presented annually to local leaders whose lives and example, I saw firsthand the impact he made. Since 2006, Locke Lord has promoted five practice exemplify the principles embodAfrican-American lawyers (in the Dalied by Dr. King’s leadership. Carlyle’s reclas office alone) to partner, four of whom ognition comes after over 40 years (and started as summer law clerks. The firm has counting) of his leadership in the Dallas recruited, retained and promoted countBar Association and the greater comless others who have all become successmunity, where he has practiced with the ful members of the legal community. utmost commitment to the letter and African-American lawyers from spirit of the law and his clients’ rights. Locke Lord have fond memories of the Carlyle knew the value of a solid “Get-to-Gathers” that Carlyle, and his education as his parents, Carlyle H. wife, Gloria, hosted in their home for Chapman, Sr. and Gloria Dix Chapthe purpose of building community and man, were respected educators in Baton Rouge, Louisiana. His mother held a Carlyle H. Chapman, Jr. navigating “life in the Big Firm.” Carlyle Masters in both Education and English and was the made a point to gain firsthand knowledge of work first African-American principal in a major High product and provide meaningful comments and critiSchool; his father was a professor of agricultural sci- cism when needed in evaluative processes. He did ence at Southern University and ultimately served not hesitate to ensure and instill the level of excellence and professionalism commensurate with his as registrar. Carlyle initially enrolled as a freshman at South- leadership by example. When asked about his reaction to receiving the ern University in Baton Rouge, where he was elected President of his Class. After making a crowd-moving MLK Award, Carlyle shared his “surprise” and honor. speech to the student body regarding the concept While a surprise to him, it is no surprise to the comof “separate but unequal,” he transferred to Indiana munity. A trailblazer of advocacy, he has been a University, which had existed as an integrated uni- member of The American Board of Trial Advocates versity for a number of years, rather than Louisiana since 1999, where he has served as the first AfricanState University, which was experiencing its initial American President of both the Dallas Chapter and year of integrated education. It was in Indiana that he Texas Region; the first African-American Vice Presimet his wife and life partner, Gloria Ogelsby Chap- dent of the National ABOTA Foundation; and will serve as the first African-American President of the man. Carlyle is a 1973 graduate of The University of ABOTA Foundation in 2016. Carlyle has also been a trailblazer in the comMichigan Law School, and immediately thereafter began practicing law in Dallas. He became board munity. His board service spans the arts, education, certified in personal injury trial law by 1980, but his church and media. He served on the Police Advitrial experience includes a number of areas, including sory Board, created in the early 1980s, after a Hislabor and employment, business commercial litiga- panic child was shot by police. The citizens of Dallas insisted on a police review board to review the tion, civil rights and workers’ compensation. He initially worked with Mullinax Wells Mauzy actions of the Dallas Police Department and make & Baab, P.C., where he later became a named part- recommendations. Once again Carlyle proved to be ner. In 1980, along with Foster Reese, he became a a great resource to the community. Carlyle’s pride and legacy continues through the founding partner of the first minority-owned law firm in Dallas, Chapman & Reese, P.C. The Honor- success of his children—his son, Carlyle H. Chapable Fred Tinsley, Judge of the 195th District Court man III, a graduate of The St. Mark’s School of Texas was also a founding partner in this firm (at that time and The University of Michigan, and his daughter, Chapman, Tinsley & Reese) until his ascension to Erin D. Chapman, Ph. D., who is a graduate of The the bench. Foster Reese said Carlyle “was an out- Hockaday School, Stanford University and Yale standing partner for 15 years, an ultimate professional University, where she obtained her doctorate. Dr. and, above all, a great trial lawyer.” Chapman & Chapman, a published author working on her second Reese was among the first 10 law firms to participate book, is now a tenured professor at George Washingin the Minority Counsel Demonstration Program ton University, teaching African-American History established by the American Bar Association. The and Women’s Studies. “People respect Carlyle because he is smart, hardfirm was chosen because of its ability to handle comworking, and above all professional,” said DBA Presiplex civil matters at a high and sophisticated level. In 1995, Locke Purnell Rain Harrell LLP (now dent Brad Weber. “He is the type of person who leads Locke Lord LLP) approached Carlyle about joining by example.” Carlyle’s exemplary leadership is demonstrated by the firm as a Senior Shareholder. Carlyle had many connections with the firm both personal and profes- the individuals that he has mentored, including lawsional. He accepted based on his knowledge of not yers of all genders and races, and the impact he has only the quality of their work, but also the ethics and made on the bar and greater community.   HN civility practiced by the firm. He practiced there until his recent retirement. Carlyle led teams of lawyers A. Shonn Brown is a partner at Gruber Hurst Johansen Hail Shank and can be servicing clients in both complex commercial litiga- reached at sbrown@ghjhlaw.com. By A. Shonn Brown

Bradley C. Weber will be inaugurated as the 106th President of the Dallas Bar Association on January 17, 2015. For Brad, Co-Leader of Locke Lord LLP’s Antitrust Practice Group, the position will be the culmination of years of dedicated service to the Dallas Bar Association and legal community. But to others, it seemed preordained. “With Brad, it was never a question of ‘if’ he’d be Dallas Bar President, but ‘when,’” Frank Stevenson, II, also of Locke Lord and a former DBA President himself, noted. “He has been the ‘go-to’ person to whom DBA presidents have instinctively turned to handle challenging projects or crucial initiatives. He has performed every task the Dallas Bar assigned, and performed each splendidly. We’ll be proud to have Brad as our president.” Immediate past DBA President Scott McElhaney, a litigator at Jackson Walker LLP, agrees, “Brad has a broad depth of experience, and I am confident he will make a great president.” After growing up in Iowa and studying engineering science at Iowa State University, Brad decided to pursue his Juris Doctorate and enrolled at the University of Michigan Law School. Upon graduation, he joined Rain Harrell Emery Young & Doke, which quickly became, through merger, Locke Purnell Rain Harrell. He credits former Locke Lord attorney and Dallas Court of Appeals Justice Jim Moseley and Lock Lord attorney C. Paul Rogers, III, former dean and current professor of law at SMU’s Dedman School of Law, with roping him into antitrust cases, which has since blossomed into a full-service antitrust practice. “Brad is a superb attorney, and has the respect of his colleagues here at Locke Lord, as well as of attorneys in the antitrust legal community and the clients he serves,” said Mr. Stevenson. Locke Lord Executive Committee member and litigator Thomas G. Yoxall added, “Brad’s a brilliant guy and tremendous antitrust lawyer with an interesting and unique antitrust practice that includes litigation and counseling aspects.” While Brad focuses his antitrust practice on litigation, government investigations and antitrust compliance, he too provides transactional counsel-

Bradley C. Weber

ing about the antitrust implications of proposed acquisitions and other business activities. “Working with Brad is an absolute pleasure,” effuses one of Brad’s clients, Dan Yanagihara, General Counsel at Pacific Coast Companies, Inc., who communicates with Brad almost daily in connection with a case pending in Philadelphia. “Brad’s vast expertise in antitrust matters and his ability to draw on prior experiences provides my company with comfort that we are in excellent hands. My only complaint is Brad dodges all my golf invitations using some Dallas Bar event as his last excuse!” In addition to praising Locke Lord’s platform for his antitrust practice, Brad also credits Locke’s bar-service culture as being integral to his involvement. He quickly ticked off seven former DBA presidents with whom he has practiced during his tenure at Locke Lord and credits them with encouraging his involvement in various bar and young lawyer associations. Mr. Stevenson praised Brad’s commitment to get involved early, “He has been deeply engaged in bar service from the very start of his legal career. All of us at Locke Lord are proud to have Brad continue this firm’s tradition of providing Dallas Bar presidents.” Brad apparently took the message to heart. He served as President of the Dallas Association of Young Lawyers in 1998, was Co-Chair of the American Bar Association, Section of Litigation’s Antitrust Litigation Committee from 2008 to 2011, and serves on the Council of the continued on page 10

Inside 6 Meet Your Sister Bar Presidents 11 Anticipating §101 Rejections Post-Alice 15 Trademark Owners vs. Domain Name Holders 17 Lululemon: An Apple in Fashion

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