Dallas Bar Association
HEADNOTES
Focus Computer/Intellectual Property Law
November 2011 Volume 36 Number 11
Equal Access to Justice: Serving Others and Changing Lives
when he needed legal help. He ended up at DVAP’s South Dallas Legal Clinic after the mother of his child died and the child’s maternal grandmother sued him for custody. DVAP recruited Michael Wysocki of KoonsFuller to help. Although they were no longer a couple, John and the terminally ill mother of his child had a good relationship. The mother and child had lived with the maternal grandmother. But, when the living arrangement became unhealthy for both of them, John welcomed mother and child into his home. He cared for both until the mother died, and he continued to raise his two-yearold daughter on his own. Unfortunately, the grandmother had other plans. She hired an attorney and filed a custody suit asking to be the managing conservator of the child even though she did not have standing to do so. John feared the worst—that he would lose
*Note – The client’s name has been changed to protect his confidentiality. Alicia Hernandez is the director of the Dallas Volunteer Attorney Program and the DBA director of community services. She can be reached at ahernandez@dallasbar.org.
Computer/Intellectual Property Law
ces s to
erous gift of $30,000 to this year’s Equal Access to Justice Campaign. Crain Lewis, L.L.P. partners Rob Crain, a personal injury lawyer, and Chris Lewis, a criminal defense lawyer, have one mission— to help people. “The constitution provides court appointed attorneys to poor people who cannot afford to hire a criminal defense attorney, and most plaintiffs’ work is handled on a contingency basis,” said Mr. Crain. “People with these types of cases have avenues for hiring lawyers even if they cannot afford one. But when it comes to a family law case, foreclosure or consumer matter, you are out of luck if you don’t have a nest egg to pay attorney’s fees.” And that is where DVAP and the Equal Access to Justice Campaign step in. Crain Lewis’ $30,000 gift will make a difference in the lives of many clients in the coming year. Clients like John Davis. John, like many people, turned to DVAP
Patent Litigation Pilot Program Begins in the Northern District Patent cases filed in, or transferred to, the Dallas Division of the Northern District of Texas beginning September 1, 2011, and at least through August 2012, will be randomly assigned to one of three “Patent Judges”: Godbey, Kinkeade and Lynn. This program is part of a 10-year Patent Pilot Program mandated by Congress and implemented by Special Order No. 3-287, signed by Chief Judge Fitzwater. The Program is designed to enhance expertise in patent cases among interested U.S. District Court Judges. The Northern District qualified for the
Program by being among the 15 district courts with the largest number of patent cases filed in 2010. All three Patent Judges have ample experience with patent cases and requested participation in the Program. The only other district court in Texas selected for the Program is the Eastern District, already famous as a desired venue for patent cases. Keep in mind, not all patent cases in the Northern District will necessarily receive the attention of the Patent Judges. Every judge has seven days from being assigned a patent case to decline it and request the case be reassigned to the Patent Judges, one of whom will be randomly assigned the case.
Inside 6 Pro Bono Lawyer of the Year 9 Global Patent Power On a Budget: Where in the World to File 11 Drafting Contracts for the Cloud 17 Ownership of Inventions
All Dallas Division judges have advised they currently intend to refer patent cases to the Patent Judges through August 2012, but each may choose to retain such cases later. Judges Means and McBryde of the Fort Worth Division presently do not intend to refer any patent cases to the Patent Judges, while Judge O’Connor of the Wichita Falls Division plans to do so. The referral practice of each district judge should be considered at the time of filing a patent case. At this time, only a small percentage of patent cases are filed outside the Dallas and Continued on Page 7
$600,000+
$550,000 $500,000
To Give: www.dvapcampaign.org.
By Greg Carr
gn pai am
Focus
Rob Crain and Chris Lewis
C �ce Jus
Dallas Bar Association members have a long history of community service. We don our tool belts and raise our hammers to help build Habitat for Humanity houses. We collect school supplies for children who otherwise would have none. We donate to our local blood bank, teach DISD students and host various collection drives. All are worthy causes, and all have a positive impact on the lives of others and particularly those in need. But there is one thing that Dallas Bar Association members do that “is the best thing we do as a collective group of lawyers, and may be the most important” said Rob Crain, CoChair of the 2011-12 Equal Access to Justice Campaign, benefitting the Dallas Volunteer Attorney Program (DVAP). This “best thing” is pro bono legal aid to the poor. Some may question whether pro bono is the best thing we do. Pro bono clients are needy, have legal problems, and we lend a helping hand. The people who benefit from our other programs are also in great need, have problems, and, again, we lend a helping hand. The only difference is that attorneys, with their degrees, licenses, legal training and expertise, are the only people who can lend a helping hand when it comes to legal problems. They are the only people who can provide legal advice, sign a demand letter with the full force of “attorney at law” behind them, and represent clients in court. Helping people through the legal system is the sole domain of the lawyer. At the Dallas Bar Association, “the best thing we do as a collective group of lawyers” is the Dallas Volunteer Attorney Program. DVAP, a joint program of the Dallas Bar Association and Legal Aid of NorthWest Texas, coordinates the pro bono efforts of Dallas lawyers by recruiting, training, and mentoring pro bono lawyers, hosting legal clinics for low-income people and matching needy clients with pro bono attorneys who have volunteered to help. To support this effort, the law firm of Crain Lewis, L.L.P. has donated a very gen-
custody of his little girl. And he almost did. Mr. Wysocki represented John in family court and in the Court of Appeals. While the trial court granted the grandmother custody of the child, John and Mr. Wysocki were successful on appeal. The grandmother’s case was eventually dismissed freeing John to raise his daughter and move on with their lives. Without pro bono legal help, John likely would have lost custody of his daughter. He would have been forced to represent himself, and his daughter would have been forced to live in an environment that was not in her best interests. “John’s case is an example of the great work that volunteer attorneys do every day,” said Crain. “We have story after story of wonderful volunteers making a difference and changing the lives of their pro bono clients. DVAP’s mission is Crain Lewis’ mission—to help people. We are delighted to support our fellow attorneys in their efforts to seek justice for all.” Whether by volunteering, donating to the cause, or both, please help. For more information on the Campaign or the Dallas Volunteer Attorney Program, please contact Alicia Hernandez at (214) 220-7499 or ahernandez@ dallasbar.org. Recognition levels and donor benefits are available. In addition, all individual donors at the $1000 level and above and all firm and corporate donors at the $5,000 level and above will be recognized in an ad in the Dallas Morning News during the week of December 19, 2011, and in Texas Lawyer in HN January or February 2012.
Equ al A c
By Alicia Hernandez
$450,000 $400,000 $350,000 $300,000
$250,000
$200,000 $150,000 $100,000 $50,0000
2 He a d n o t e s l D a l l a s B a r A s s o ciation
Calendar
November Events
NOVEMBER 4-BELO
Mexico,” Armando Cuevas Brun. (MCLE 1.00)* Community Involvement Committee
FRIDAY CLINICS
Speakers Committee
DAYL Animal Welfare Committee
NOVEMBER 11-NORTH DALLAS**
DAYL Elder Law Committee
NOVEMBER 18-BELO
5:30 p.m. DBA New Member Reception. Honoring our New DBA Members and Newly Licensed Attorneys. For more information, contact Kim Watson at kwatson@dallasbar.org or (214) 220-7414.
Noon
Noon
“Managing Difficult Personalities in the Legal Workplace: Colleagues, Clients and Opposing Counsel,” Chris Jones and Mary Sanger. (Ethics 1.00)* Hosted by the Peer Assistance Committee. “Expert Witness,” Judge Jim Jordan. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., 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 Griffith Nixon Davison P.C. RSVP to kzack@dallasbar.org. “Sentencing Issues,” Judge Jane Boyle. (MCLE 1.00)*
TUESDAY, NOVEMBER 1 Noon
Corporate Counsel Section “Year in Review: Employment and Labor Law Wrap Up,” Steve Rahhal and Jennifer Youpa. (MCLE 1.00)*
Government Law Section “From a Police Chief’s Perspective: The Role and Practice of Government Lawyers in Handling Police Issues,” Garland Chief Mitch Bates, Irving Chief Larry Boyd and Dallas Chief David Brown, moderated by Jason McClain and Saul Pedregon. (MCLE 1.00)*
Tort & Insurance Practice Section “Settlement Related and End-of-Case Issues,” Quentin Brogdon, Joel Crouch, Phil McCrury and Sally Stallcup. (Ethics 1.00)* Morris Harrell Professionalism Committee
6:00 p.m. DAYL Board of Directors
Family Law Boot Camp. Sponsored by DVAP and J.L. Turner Legal Association. (MCLE 2.00)* To register, contact reed-brownc@ lanwt.org. Questions, contact kmccloud@ karenmccloud.com.
WEDNESDAY, NOVEMBER 2 Noon
Employee Benefits & Executive Compensation Section “DOL/EBSA Dallas Region Update,” Susan A. Hensley. (MCLE 1.00)* Solo & Small Firm Section “The New Offer of Settlement Statute and Court Rules: The New Procedures; Potential Pitfalls and Strategies of Framing the Offer,” Frank Gilstrap. (MCLE 1.00)*
WEDNESDAY, NOVEMBER 16
Mergers & Acquisitions Section “Prospects, Projections and Other Crystal Ball Matters,” Wilson Chu and Peter Flocos. (MCLE 1.00)*
Admissions & Membership Committee
Entertainment Committee
DAYL Equal Access to Justice Committee
6:00 p.m. Home Project Committee
WEDNESDAY, NOVEMBER 9 7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group Noon
Family Law Section Topic Not Yet Available
Legal Ethics Committee “Lateral Conflicts Illuminated,” Paul Koning. (Ethics 1.00)*
House Committee Walk Through
DVAP New Lawyer Luncheon. For more information, contact reed-brownc@lanwt.org.
5:15
DAYL Lunch & Learn. For more information, contact cherieh@dayl.com. LegalLine—Volunteers welcome. Second floor Belo.
THURSDAY, NOVEMBER 10 11:30 a.m. DAYL Barristers for Babies
Lawyer Referral Service Committee
Noon
CLE Committee
Public Forum Committee
E-Mentoring Committee
5:00 p.m. Bankruptcy & Commercial Law Section “Oil & Gas Issues in Chapter 11 – A review of issues from In Re TXCO Resources, Inc. et al,” Bert Conly, David Lawrence and Deborah Williamson. (MCLE 1.00)*
Publications Committee
Christian Lawyers Fellowship
Dallas Asian American Bar Association
THURSDAY, NOVEMBER 3
6:00 p.m. J.L. Turner Legal Association
Noon
Construction/Collaborative Law Sections “Working Constructively: Using the Collaborative Dispute Resolution Process in Construction Cases,” Lawrence Maxwell, Cynthia Tari and Anne Shuttee. (MCLE 1.00)*
Judiciary Committee
Family Law Section Board Meeting
DAYL CLE Committee
St. Thomas More Society
Noon
Friday Clinic-Belo “Managing Difficult Personalities in the Legal Workplace: Colleagues, Clients and Opposing Counsel,” Chris Jones and Mary Sanger. (Ethics 1.00)* Hosted by the Peer Assistance Committee. International Law Section Council Meeting
3:30 p.m. DBA Annual Meeting
MONDAY, NOVEMBER 7 Noon
Noon
Friday Clinic-North Dallas** “Expert Witness,” Judge Jim Jordan. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., 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 Griffith Nixon Davison P.C. RSVP to kzack@ dallasbar.org.
Trial Skills Section Topic Not Yet Available
Dallas Bar Foundation Board Meeting
MONDAY, NOVEMBER 14 Noon
Alternative Dispute Resolution Section “What Do Attorney’s and Their Client’s Expect From the Mediator?” Suzanne Mann Duvall. (Ethics 1.00)* Real Property Law Section “Legislative Update: Significant Bills of the 82nd Texas Legislature, Regular Session Affecting Real Estate, Lending and Other Commercial Matters,” Justin Switzer. (MCLE 1.00)*
Tax Law Section “Post-Appeals Mediation with the IRS - a Panel Presentation,” Alex McGeoch, Mark Melton, John Jankowski, Tim Weise and H. Campbell “Cam” Zachry. (MCLE 1.00)*
3:00 p.m. DAYL Swearing In Ceremony
Peer Assistance Committee
Noon
Antitrust and Trade Regulation Section “Antitrust Issues in Health Care,” Bill Morrison. (MCLE 1.00)*
International Law Section “The Mysteries of Powers of Attorney in
TUESDAY, NOVEMBER 8 Business Litigation Section Topic Not Yet Available
Energy Law Section “Taxation: Overview of Oil & Gas Transactions,” Norman Lofgren. (MCLE 1.00)*
Health Law Section “Explosion of Tech Tools in the Health Care Industry,” Darrell Armer and Joe Nelson. (MCLE 1.00)*
Law Day Committee
Pro Bono Activities Committee
Municipal Justice Bar Association
Non-Profit Law Study Group
5:15
LegalLine—Volunteers welcome. Second floor Belo.
8:30 a.m. Justice in Education Symposium, speakers include Mayor Mike Rawlings and more. Registration $35, includes lunch. RSVP to ahernandez@dallasbar.org Noon
TUESDAY, NOVEMBER 15
Appellate Law Section “Legislative Update,” Jerry D. Bullard. (MCLE 1.00)*
Minority Participation Committee
Christian Legal Society
Noon
Probate, Trusts & Estates Section “Estate Planning With Mineral Interests,” Michael V. Bourland. (MCLE 1.00)*
American Immigration Lawyers Association
Federal Bar Association
WEDNESDAY, NOVEMBER 23 No DBA Events Scheduled
THURSDAY, NOVEMBER 24 DBA Offices closed in observance of Thanksgiving
FRIDAY, NOVEMBER 25 DBA Offices closed
MONDAY, NOVEMBER 28 Noon
Securities Section “Presentation by Winner of Fall 2011 SMU Securities Regulation Directed Research Scholarship.” (MCLE 1.00)*
Criminal Justice Committee
DAYL Solo & Small Firm Committee
Noon
Legal History Discussion Group “The History of Texas Law,” Prof. Michael Ariens. (MCLE 1.00)* Courthouse Committee
Senior Lawyer Committee
DAYL Diversity Forum
J.L. Turner Legal Association Expunction & Non-Disclosure
6:00 p.m. Dallas Hispanic Bar Association
WEDNESDAY, NOVEMBER 30 No DBA Events Scheduled
Dallas Gay & Lesbian Bar Association 3:30 p.m. DBA Board of Directors Meeting
FRIDAY, NOVEMBER 18
8:30 a.m. Juvenile Justice Committee “Child Protective Services Advanced Topics Fall Seminar,” Speakers include judges and attorneys from the DAs office. (MCLE 5.25, Ethics 0.50)* Contact ahernandez@dallasbar.org. Noon
Friday Clinic-Belo “Sentencing Issues,” Judge Jane Boyle. (MCLE 1.00)*
Transition to Law Practice Committee “The Beginning Lawyer’s Opportunities in and Responsibilities to the World Beyond the Office,” Justice Douglas S. Lang, Laura O’Rourke, Barry Sorrels and Tom Stutz. (MCLE 1.00)*
MONDAY, NOVEMBER 21 Noon
TUESDAY, NOVEMBER 22
TUESDAY, NOVEMBER 29
THURSDAY, NOVEMBER 17
FRIDAY, NOVEMBER 11
Transition to Law Practice Committee
FRIDAY, NOVEMBER 4
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
Noon
Novem ber 2011
Employment Law Section “Crime & Punishment: Ethical, Criminal & Civil Considerations in Investigating Employee Misconduct,” Tony Campiti. (Ethics 1.00)*
THURSDAY, DECEMBER 1 7:00 a.m. DAYL Solo & Small Firm Committee Noon
Outstanding Court Staff Awards Luncheon
Family Law Section Board Meeting
DAYL CLE Committee
St. Thomas More Society of Dallas
FRIDAY, DECEMBER 2
8:15 a.m. Masters of Trial Seminar “Learn From the Trial Masters,” Terry Oxford, Barry Sorrels, Paula Sweeney and Mark Werbner. Judge Emily Tobolowsky, presiding. Jury consulting services provided by Courtroom Logic Consulting. DBA members: $40; Nonmember Fee: $75. RSVP to kzack@dallasbar.org. (MCLE 7.00)* Sponsored by the CLE Committee.
Intellectual Property Law Section “Ethics 2011,” David Hricik. (MCLE 1.00)*
DBA MEMBER REMINDER: Your 2012 DBA DUES STATEMENT was mailed to your preferred mailing address on October 13, 2011! 2012 DBA DUES must be paid by
December 31, 2011
to continue receiving ALL your member benefits. Thank you for your support of the Dallas Bar Association!
If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Cathy Maher at 214/220-7401 as soon as possible and no later than two business days before the seminar. All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION. *For confirmation of State Bar of Texas MCLE approval, please call Teddi Rivas at the DBA office at 214/220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact KZack@dallasbar.org.
N ove mb e r 2 0 11 â€
D al l as Bar A ssoci ati on l Headnotes 3
4 He a d n o t e s l D a l l a s B a r A s s o ciation
Novem ber 2011
Headnotes
President's Column
Honoring the Profession by BARRY SORRELS
At the Dallas Bar Association, our members volunteer throughout the community in many different ways. For example, we volunteer as mentors for younger lawyers, we volunteer for Dallas Independent School District as mock trial judges, and we volunteer to build a home for Habitat for Humanity. Perhaps most importantly, we volunteer as lawyers by providing free legal services to indigent members of our community.
Campaign for Equal Access to Justice/ Dallas Volunteer Attorney Program
Finding a way to provide meaningful and manageable pro bono services on your own within your practice can be difficult. The Dallas Volunteer Attorney Program makes it easier. Because we have participation from so many members, we have specialized clinics offering legal services in different areas of law, including family law, wills and probate, and landlord-tenant issues. We also have specialized clinics for different groups of people like veterans and men and women who are currently serving in our armed forces. When you come to volunteer, you can find a place to help in an area of law you are comfortable with. You can also define the amount of time you wish to devote to pro bono work. We are looking for attorneys who can volunteer for a task as simple as writing one letter to a job as complex as full representation of a client. If you are interested in donating your time and providing legal services to the needy, you should contact Alicia Hernandez at ahernandez@dallasbar.org. The Dallas Volunteer Attorney Program is comprised of many lawyers who regularly devote their time to providing free legal services to our community. Although these volunteer lawyers do not get paid for their work, there are other expenses associated with operating the clinics. Those expenses are paid by the Campaign for Equal Access to Justice, and they allow the volunteer attorneys to provide legal services worth substantially more to the community than what is raised in the Campaign. For example, if the Campaign for Equal Access to Justice raises around $500,000, then that amount will translate to close to $4 million in legal services performed by our volunteer attorneys. If you are interested in donating money to the Campaign for Equal Access to Justice, please visit www.dvapcampaign. org. These programs work hand-in-hand, and it is my hope that each of you will make an effort to contribute to one or the
other. We must have lawyers willing to contribute their time to the Dallas Volunteer Attorney Program, as well as lawyers willing to contribute their money to the Equal Access to Justice Campaign for these programs to continue their success. Many of you have donated your time and money generously, and I am grateful for your generosity. To those of you who have not, I hope that you will join us in these efforts to improve the quality of life of our community by sharing competent legal representation. I would like to thank Brad Weber, of Locke Lord LLP, and Rob Crain, of Crain Lewis, LLP, who are co-chairs of the Campaign for Equal Access to Justice for their efforts to raise the funds that support the collective and noble effort of our members to provide legal services to the poor and disenfranchised of our community. I must also recognize Alicia Hernandez, the director of the Dallas Volunteer Attorney Program. Her expertise allows us to maximize every dollar we get from the Campaign. Thank you, Alicia.
New Member Reception
On November 15, 2011, at 5:30 p.m., the Dallas Bar Association will host our newest members and newly licensed attorneys. This is a great opportunity to mix and mingle at the Dallas Bar Association, meet a variety of our members, and learn about some of our programs and initiatives. We want to extend a hearty welcome from the Dallas legal community to our newly licensed attorneys. In addition, this year we have extended a special invitation to the Dallas County District Attorney’s Office to join us at the reception and encourage their participation in activities at the Belo. This event is always a lot of fun, and I look forward to seeing you there.
Annual Meeting
We will host our annual meeting on November 4, 2011. This year, it will be a privilege to watch Tim Mountz, of Baker Botts L.L.P., receive the Morris Harrell Professionalism Award. Throughout his entire career in the practice of law, and his year as president of the Dallas Bar Association, Tim has been a model of professionalism and is incredibly deserving of this distinction. I encourage you to join us for this special ceremony.
Thank You
The Dallas Volunteer Attorney Program and Campaign for Equal Access to Justice are successful because of you. Keep up the good work. I look forward to seeing what you are going to HN do in the future.
SAVE THE DATE to join us for the Dallas Bar Association’s
Fall Fiesta
honoring our Newest DBA members & Newly Licensed Attorneys!
Tuesday, November 15, 2011 5:30pm to 8:00pm The Belo Mansion For more information or to become a Sponsor, please contact Kim Watson kwatson@dallasbar.org or (214) 220-7414
Published by: DALLAS BAR ASSOCIATION 2101 Ross Avenue Dallas, Texas 75201 Phone: (214) 220-7400 Fax: (214) 220-7465 Website: www.dallasbar.org Established 1873 The DBA’s purpose is to serve and support the legal profession in Dallas and to promote good relations among lawyers, the judiciary, and the community. OFFICERS President: Barry Sorrels President-Elect: Paul K. Stafford First Vice President: Sally Crawford Second Vice President: Scott McElhaney Secretary-Treasurer: Sean Hamada Immediate Past President: Ike Vanden Eykel Directors: Brad C. Weber (Chair), Jerry C. Alexander (Vice Chair), Kim Askew (At-Large), Penny Brobst Blackwell (President, Dallas Association of Young Lawyers), Eric Blue (President, J.L. Turner Legal Association), Hon. Rob Canas ( Judicial At-Large), Wm. Frank Carroll, Rob Crain, Laura Benitez Geisler, Hon. Martin Hoffman, Michael K. Hurst, Monica Latin (At-Large), Karen McCloud, Eunice Kim Nakamura (President, Dallas Asian American Bar Association), Mary Scott, Hon. Teresa Guerra Snelson (President, Dallas Hispanic Bar Association), Diane M. Sumoski; and Michele Wong Krause. Advisory Directors: Chip Brooker (President-Elect, Dallas Association of Young Lawyers, Victor N. Corpuz (President-Elect, Dallas Asian American Bar Association), Lori Hayward (President-Elect, J.L. Turner Legal Association) and Carlos Morales (President-Elect, Dallas Hispanic Bar Association). Delegates, American Bar Association: Rhonda Hunter, Hon. Douglas S. Lang Directors, State Bar of Texas: Andy Payne, Christina Melton Crain, Beverly Bell Godbey, Frank E. Stevenson, II, Ike Vanden Eykel HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications / Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Thomas Phillips Advertising: Karla Howes PUBLICATIONS COMMITTEE Co-Chairs: Vincent J. Allen and Timothy G. Ackermann Vice-Chairs: Lea N. Clinton and Natalie L. Arbaugh Members: H. Joseph Acosta, Kevin Afghani, Nelson Akinrinade, Vance L. Beagles, Jason Bloom, Barbara Boudreaux, Jeremy Camp, Noel Chakkalakal, Y.W. Peter Chen, Ryan Cosgrove, Sally Crawford, Weston Davis, Pat Driscoll, David Drummer, Dawn E. Fowler, Jennifer Gajak, Constance Hall, James Holbrook, Dyan House, Victor Johnson, Harold Jones, Adam Kielich, Michelle Koledi, Cherika Latham, Jamie McKey, Patrick McLain, Thomas L. Mighell, Clay Miller, Jennifer Mitchell, Heather Bailey New, Emmanuel Obi, Jenna Page, Kirk L. Pittard, Elizabeth Pletan, Irina B. Plumlee, Laura Anne Pohli, Robert Ramage, Juan Renteria, Bryon Romine, John Roper, Gregory W. Sampson, Mary Scott, Barry Sorrels, Thad Spalding, Paul K. Stafford, John C. Stevenson, Amy E. Stewart, Scott Stolley, Roxana Sullivan, Sherry Talton, Peter S. Vogel, Suzanne R. Westerheim, Elisabeth Wilson, Sarah Q. Wirskye, Sarah Woodell, Angela Zambrano and Viktoria Ziebarth DBA & DBF STAFF Executive Director: Catharine M. Maher Accounting Assistant: Shawna Bush Communications / Media Director: Jessica D. Smith Controller: Sherri Evans Director of Community Services: Alicia Hernandez Events Coordinator: Rhonda Thornton Executive Assistant: Michelle Dilda Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewer: Marcela Mejia Law-Related Education & Programs Coordinator: Amy E. Smith Membership Coordinator: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Teddi Rivas DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Lakeshia McMillan, Andrew Musquiz, Jigna Gosal, Tina Douglas Data Entry/Office Support: Patsy Quinn Copyright Dallas Bar Association 2011. 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 Associationís 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.
N ove mb e r 2 0 11
Focus
D al l as Bar A ssoci ati on l Headnotes 5
Computer/Intellectual Property Law
Texas Trade Secret Litigation: The Basics by Michael A. McCabe and Jeffrey B. Chugg
What is a trade secret?
Texas courts have seen an explosion in trade secret cases in recent years. Simply put, trade secrets are valuable business information that a company seeks to keep confidential. Texas courts formally define a trade secret as “any formula, pattern, device or compilation of information which is used in one’s business and presents an opportunity to obtain an advantage over competitors who do not know or use it.” Computer Associates Int’l, Inc. v. Altai, Inc., 918 S.W.2d 453, 455 (Tex. 1996). For example, items such as customer lists, pricing information, marketing strategies, blueprints and drawings have all been shown to be trade secrets. Unlike patents, trade secret protection continues indefinitely—so long as the information remains a secret. To be classified as a trade secret, information must, in fact, be secret. The party seeking trade-secret status must therefore establish a “substantial element of secrecy.” Failure to adequately protect the secrecy of information will result in
denial of trade-secret status. Texas courts look to see whether reasonable security measures were taken in deciding whether trade-secret protection is warranted. Businesses may maintain the secrecy of their trade secrets through a variety of methods, including the use of written company policies against the dissemination of confidential information. Nondisclosure agreements are also essential to companies that must disclose trade-secret information to others in the course of business.
Trade Secret Misappropriation
Texas courts provide a common-law cause of action for misappropriation of trade secrets. To establish a prima facie case of trade secret misappropriation, a plaintiff must show: (1) the existence and ownership of a trade secret; (2) breach of a confidential relationship or improper discovery of a trade secret; (3) use or disclosure of the trade secret; and (4) damages to the owner. Texas courts use a six factor test to determine whether information qualifies as a trade secret. These six factors include: (1) the extent to which the informa-
Shoe Drive!
The Community Involvement Committee is sponsoring a “Shoes for Orphan Souls” drive. Needed items include new shoes, socks and shoelaces for children (especially leather or canvas athletic shoes).
Drop off items on the 2nd floor offices at Belo from November 15 to December 9. Questions? Contact kzack@dallabar.org.
tion is known outside the business; (2) the extent to which it is known by employees and others involved in the business; (3) the extent of measures taken by the employer to guard the secrecy of the information; (4) the value of the information to the employer; (5) the amount of effort or money expended by the employer in developing the information; and (6) the ease or difficulty with which the information could be properly acquired or duplicated by others. Information that is generally known and readily available in an industry will not qualify as a trade secret. Similarly, if a plaintiff fails to substantially protect the information, then trade-secret status will not be afforded. To establish liability for a misappropriation claim, a plaintiff must show that the trade secret was acquired through improper means (such as theft or fraud) or through the breach of a confidential relationship (such as the employer-employee relationship). A plaintiff must also show that the defendant used or disclosed the trade secret at issue and that a loss resulted from that use or disclosure. Evidence that a competitor developed a similar product may give rise to an inference of actual use.
Legal and Equitable Relief
Trade-secret misappropriation may result in both money damages and injunc-
tive relief. A plaintiff may be entitled to a temporary injunction to prevent the further use or disclosure of its trade secrets. A temporary injunction is proper if a trade-secret owner shows a probable right to recover on its cause of action, a probable injury in the interim, and that no adequate legal remedy exists. A prevailing plaintiff in a misappropriation suit is entitled to actual and, if warranted, exemplary damages. Actual damages can be established through several methods. First, it may include the plaintiff’s lost profits. To recover lost profits, an injured party must put forth competent evidence to determine the amount of profits lost with reasonable certainty. Estimates of the amount of lost profits should be based on objective facts, figures or data. If lost profits are too difficult to calculate, a court may instead grant the injured party a reasonable royalty. In determining a reasonable royalty award, courts attempt to measure the actual value of the trade secret that was misappropriated. In so doing, they calculate an amount that the parties would have agreed to in a theoretical negotiation for a license of the trade secret at issue. Texas courts may also award exemplary damages if there is clear and convincing evidence of fraud, malice or gross HN negligence by the defendant. Michael A. McCabe is a partner with Munck Carter LLP and Jeffrey B. Chugg is an associate with the firm. They can be reached at mmccabe@munckcarter.com and jchugg@munckcarter.com, respectively.
THANK YOU TO THE FOLLOWING MAJOR DONORS FOR SUPPORTING THE 2011 EQUAL ACCESS TO JUSTICE CAMPAIGN As of October 23, 2011
President’s Council ($30,000) Crain Lewis LLP Chairman’s Council ($25,000) Hon. Deborah G. Hankinson Payne Mitchell Law Group Diamond Sponsors ($15,000) AT&T Pla�num Sponsors ($10,000) D Magazine KoonsFuller Mike McKool Pa�on Boggs LLP Gold Sponsors ($5,100) Duffee & Eitzen LLP Exxon Mobil Hartline Dacus Barger Dreyer LLP Neiman Marcus SNR Denton US, LLP DBA Energy Law Sec�on DBA Mergers & Acquisi�ons Sec�on Please consider a year‐end dona�on. See www.dvapcampaign.org. Dona�ons support the good works of the Dallas Volunteer A�orney Program (501c3). Major Donors ($5,100 and up) will be recognized in each issue of Headnotes through January, 2012. The Campaign culminates at the Inaugural of Paul Stafford, January 21, 2012.
TO DONATE WWW.DVAPCAMPAIGN.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
Patton Boggs – Pro Bono Firm of the Year By Rob Ramage
The Dallas Volunteer Attorney Program (DVAP) presented the Dallas Office of Patton Boggs with the Pro Bono Law Firm of the Year Award at the annual awards reception on October 26th. Each year, DVAP, a joint project of the Dallas Bar Association and Legal Aid of NorthWest Texas, honors the lawyers, judges and other legal professionals who donate pro bono services. This year, the award for Pro Bono Law Firm of the Year was given to the Dallas Office of Patton Boggs. Patton Boggs has a long-standing commitment to the development and delivery of legal services to people of limited means not only here in Texas, but nationwide throughout all of their offices. The firm’s commitment to public service is grounded in the strong belief that lawyers have a profound obligation to give back to their communities. Helping lead that charge is Mike Forshey, Partner and Co-Chair of the Firm’s Pro Bono Committee, who has a long history of pro bono work and despite a busy litigation docket devotes a substantial amount of his time guiding the firm’s pro bono efforts. In 2011, the Dallas office of Patton Boggs contributed over 8,000 pro bono hours, of which almost 3,000 hours were donated to DVAP clients. Firm-wide, Patton Boggs contributes over 50,000 pro bono hours annually. According to Mr. Forshey, “we are honored as attorneys to help those who are less fortunate and as a firm we are true believers in the many positive aspects of community and pro bono service. We take great pride in our commitment as a firm in giving back to the community and serving those in need.” At Patton Boggs, all attorneys are encouraged to do pro bono work and associates are required to perform at least 100 hours of pro bono legal services every year. “Our lawyers at Patton Boggs want to help others, we embrace the challenges of helping those who cannot help themselves, and with that culture our attorneys are
ready to take on any challenge,” added Mr. Forshey. Pro bono matters undertaken by Patton Boggs are diverse and have included helping indigent clients with matters involving family abuse, divorces, estate matters and landlord tenant disputes, protection of civil rights, political asylum cases for people facing violence or death if they return to their home country and helping our veterans obtain needed benefits. Patton Boggs also assists many worthy charitable organizations and causes which assist those in need. Patton Boggs recently secured a pro bono victory for the Elizabeth Birt Center for Autism Law and Advocacy (EBCALA). An autistic child enrolled in a Texas public school was physically and illegally restrained and placed in a secluded room. The trauma resulted in respiratory problems requiring medical attention. Homebound services were requested from the school district to allow the child to continue his education; however, the request was denied. After being turned down by other organizations, the family turned to EBCALA and Patton Boggs partner Jennifer Keefe for help. This hotly contested case, including three mediations (the final one being 11 hours), ultimately settled on highly confidential, but extremely favorable terms, which will allow the family to pay for private education for the child. In addition to Patton Boggs pro bono work with DVAP, the firm is also involved in other pro bono activities throughout Dallas, including Education is Freedom, Texas C-Bar, KickStart Kids, Human Rights Initiative of North Texas, Texas Appleseed, National Center for Missing and Exploited Children, The Child Abuse Prevention Center, Autism One and Catholic Charities. DVAP congratulates Patton Boggs as the 2011 Pro Bono Firm of the Year and thanks each and every one of its attorneys for their service and commitment to providing these pro bono HN services. Rob Ramage is an attorney at Anderson Tobin and practices employment, commercial, and intellectual property law. He can be reached at rramage@andersontobin.com.
Novem ber 2011
Pro Bono Lawyer of the Year: Starlett Carter, Weil, Gotshal, & Manges, LLP by Lincy Thomas
Starlett “Star” Carter, a fifth-year associate at Weil, Gotshal & Manges, LLP, was named Pro Bono Lawyer of the Year at the Dallas Volunteer Attorney Program (DVAP) awards ceremony on October 26, 2011. At Weil, Gotshal, & Manges, LLP, Ms. Carter’s practice focuses on complex corporate and transactional matters, especially representation of private equity funds. According to co-workers at DVAP, while Ms. Carter enjoys complex legal issues in multi-billion dollar transactions, Starlett Carter she derived a greater satisfaction from serving pro bono clients and the tremendous impact that she has had on their lives. Over a two-year period, Ms. Carter contributed more than 700 hours of pro bono work. Moreover, in 2010, Ms. Carter served as Weil’s Lend-A-Lawyer to DVAP, an innovative program created by Weil to partner with DVAP to help the needy in the Dallas community. For three-and-a half months Ms. Carter was loaned to DVAP and was fully involved in DVAP work. While at DVAP, she worked on 22 cases, ranging from contract disputes and landlord-tenant disputes, to divorces and name changes. One particular case involved a client who was faced with eviction and termination of her public benefits. Ms. Carter worked tirelessly to learn the intricacies of the applicable Section 8 law, and then succeeded in getting the court to dismiss the eviction claim. She did not limit her pro bono efforts to DVAP cases. In 2008, through the national organization Immigration Equality, she represented a Kenyan gay-rights activist applying for asy-
LAWYER & JUDICIAL AWARDS
Lawyer of the Year Starlett Carter, Weil, Gotshal & Manges LLP
East Dallas Clinic Lauren Waite, Haynes and Boone LLP
Hartman Judicial Pro Bono Service Award Hon. David Lopez, 256th District Court
Pro Bono Court Reporter of the Year Elizabeth Griffin
Outstanding New Pro Bono Lawyer Ausra Laurusaite-Kromelis, Akin, Gump, Strauss, Hauer & Feld, L.L.P.
Outstanding Clinic Attorney Volunteers West Dallas Clinic Phillip Kingston, Shields, Britton & Fraser, P.C. Garland Clinic Catherine Emmanuel
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Outstanding Court Personnel Twyla Weatherford Outstanding Support Volunteer Phyllis Cephas Outstanding Sole Practitioner William Lamoreaux Lois Bacon Special Services Award Nina Orendian Pro Bono Appreciation Award Barry Sorrels, Sorrels, Udashen & Anton Outstanding Outreach Clinic Attorney Anne Rowe, Law Office of Wendel A. Withrow
LAW FIRM AWARDS
Law Firm of the Year Patton Boggs
Access to Justice Award Lisa Blue Baron, Baron & Blue 2011 Outstanding Clinic Sponsor American Airlines
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Lincy Thomas is an attorney for American Dream Advocacy Group. She can be reached at lincypgeorge@hotmail.com.
•2011 Pro Bono Awards•
Pro Bono Coordinator of the Year Pamela St. John
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lum because he faced persecution and received death threats for publicly rallying for equal rights of homosexuals in his home country of Kenya. Ms. Carter said she can never forget the moment that she told him that his asylum case had been granted; the client immediately burst into tears because he knew, in a way, that Ms. Carter had saved his life. The firm Weil, Gotshal, & Manges has also benefitted from Ms. Carter’s willingness to serve. She is a member of her firm’s Hiring Committee, Women @ Weil Affinity Group and Black Affinity Group. Ms. Carter earned her J.D. from Harvard Law School, and graduated summa cum laude from University of Texas at Austin where she completed her B.B.A in three years. Ms. Carter is a member of the American Bar Association, the Dallas Bar Association and J.L. Turner Legal Association. She serves as chair of J.L. Turner’s corporate counsel section, and is actively involved in DBA’s Pro Bono Activities Committee and the Elder Law Committee of the Dallas Association of Young Lawyers. Ms. Carter has made use of every opportunity to promote pro bono legal services in several other ways as well. She has spoken at luncheons and various events encouraging her colleagues to take pro bono cases, and she has teamed with other attorneys new to pro bono work on cases in order to guide them through those cases. Ms. Carter has also helped staff the various DVAP neighborhood legal clinics. She has been involved in pro bono legal work since September 2006, when she first began her legal career at Weil. For more information about DVAP or pro bono opportunities, visit www.dallasvolunteerattorneyprogram. org or contact Alicia Hernandez at HN ahernandez@dallasbar.org.
Gold Award for Pro Bono Service Cozen O’Connor Weil, Gotshal & Manges Akin Gump Strauss Hauer & Feld LLP Haynes and Boone, LLP
Silver Award for Pro Bono Service Sedgwick LLP Andrews Kurth LLP Fulbright & Jaworski Jones Day
Bronze Award for Pro Bono Service The Bassett Firm Carrington Coleman Jackson Walker L.L.P. Locke Lord
Nov e mb e r 2 0 1 1
Focus
D al l as Bar A ssoci ati on l Headnotes 7
Computer/Intellectual Property Law
Willful Blindness: The New Standard for Knowledge by Vincent J. Allen
In a decision earlier this year having ramifications in numerous areas of the law in which “knowledge” must be proven, the U.S. Supreme Court applied the doctrine of willful blindness to satisfy the knowledge element for a claim of active inducement of patent infringement. Although the willful blindness doctrine has been well established in criminal law and adopted by every federal court of appeals but one, the Global-Tech Appliances decision marks the first time the Court has approved the doctrine. In a dissenting opinion, Justice Kennedy noted that the Court appeared to endorse the willful blindness doctrine for all federal criminal cases without receiving briefing or argument on this important issue from the criminal defense bar. Under the willful blindness standard, the plaintiff must prove (1) the defendant believed that there is a high probability that a fact exists and (2) that the defendant took deliberate actions to avoid learning of that fact. Using this standard, the Court defined a willfully blind defendant as “one who takes deliberate actions to avoid confirming a high probability of wrongdoing and who can almost be said to have actually known the critical facts.” In Global-Tech Appliances, Pentalpha copied one of SEB’s deep fryers that was made for sale in Hong Kong and thus lacked any U.S. patent markings. Although Pentalpha retained an attorney to perform a patent search based on its design, Pentalpha did not inform the attorney that that its design was a copy of SEB’s design. The attorney did not find SEB’s patent and issued an opinion that
Pentalpha’s deep fryer did not infringe on any of the patents he had found. Pentalpha later began selling the knock-off deep fryers to Sunbeam in Hong Kong. Sunbeam then imported and sold the fryers in the United States, and SEB sued Sunbeam for patent infringement. After settling with Sunbeam for its own infringement, SEB then sued Pentalpha for a separate act of patent infringement: infringing its U.S. patent by actively inducing Sunbeam and other purchasers of Pentalpha fryers to sell them in the U.S. in violation of SEB’s patent rights. Pentalpha argued that it had no knowledge of the patent and, thus, SEB could not prove the knowledge required to show Pentalpha had actively induced infringement of the patent. The Federal Circuit held that the knowledge element was satisfied because of Pentalpha’s deliberate indifference to a known risk that a patent existed covering SEB’s fryer. The Supreme Court rejected the lower court’s deliberate indifference standard because it does not require active efforts by an inducer to avoid knowing about the infringing nature of the activities. The Court also criticized that standard because it permits the finding of knowledge where there is merely a “known risk” that the induced acts are infringing. Instead, the Court applied a willful blindness standard to affirm the holding of the Federal Circuit that Pentalpha had actively induced Sunbeam to infringe the patent. In reaching its decision, the Court found it significant that Pentalpha knew of SEB’s superior product and knew that SEB’s fryer embodied advanced technology that would be valuable in the U.S. market. The Court also pointed out that
Patent Litigation Pilot Program Begins continued from page 1
Fort Worth Divisions. In complex patent litigation, different judges often address seemingly similar issues disparately depending on the court’s judicial philosophy, case management requirements, practice and the like. During a Dallas Bar Association panel discussion on July 26, 2011, Patent Judges Godbey, Kinkeade and Lynn expressed a desire for more uniformity and predictability in their assigned patent cases. To this end, the following guidance was also provided by the Northern District Patent Judges: Case Management Conferences (CMCs): In view of fairly specific local rules applying to patent cases in the Dallas Division (Misc. Order No. 62), CMCs will not typically be required in patent cases. Conference Requirements: Unlike the Eastern District of Texas, the Northern District has no special conference requirement that must be met before filing a discovery motion. Parties must, however, follow pre-motion conference requirements, which call for more than leaving a phone message for opposing counsel. Local Patent Rules: In many respects, the local rules of the Dallas Division for patent cases are similar to local rules of the Northern District of California and Eastern District of Texas. While the Patent Judges may consider how such courts interpret rules covering similar issues and circumstances, the Patent Judges are not bound to follow those interpretations. Markman Hearings: The court will admit live testimony on a case-by-case basis in Markman hearings, where the
parties seek to persuade the court of the proper meaning to be given patent terminology (akin to judicial contract construction). Scheduling: Patent case trial settings will be firmly followed. Criminal cases, which must take precedence, will be coordinated and reassigned amongst the Patent Judges, to avoid delay of patent cases. Schedules in patent cases, such as time to trial and trial length, will be set with input from counsel. Proposals from counsel to streamline the case, such as early Markman hearings, mediation and motions for summary judgment, will be welcomed. Stays for Patent Office Proceedings: If a patent-in-suit is being reexamined by the Patent and Trademark Office to determine whether it was validly issued, the Patent Judges are likely to grant a stay of the patent case for the first reexamination. However, such stays will be much less likely for subsequent reexaminations. Technical Advisors: Technical advisors may be appointed to privately advise the court about technology, particularly when the meaning of patent terms is construed by the court. Technical advisors will be used on a case-by-case basis and, in any event, more frequently than special masters. Transfers from Other Districts: Whether the Dallas Division will be assigned all patent cases transferred to the Northern District is unknown. Like a technologist, the Federal Judicial Center will evaluate the Program empirically: by comparing the reversal rate of Program Patent Judges to that of other judges in patent cases. HN Greg Carr, a partner at Carr LLP, is an intellectual property lawyer who handles patent litigation, licensing and procurement. He can be reached at gcarr@carrip.com.
Pentalpha decided to copy an overseas model, knowing that products made for overseas markets usually do not bear U.S. patent markings. Even more significant, according to the Court, was Pentalpha’s decision not to inform its patent attorney that the Pentalpha fryer was a copy of SEB’s fryer. The Court could not fathom that Pentalpha had any other motive for withholding this information “other than to manufacture a claim of plausible deniability in the event that his company would later be accused of patent infringement.” Thus, the Court held that the evidence was more than sufficient for the jury to decide that Pentalpha subjectively believed that there was a high probability that SEB’s fryer was patented, that Pentalpha took deliberate steps to avoid knowing that fact, and therefore, Pentalpha had will-
fully blinded itself to the infringing nature of Sunbeam’s sales. Although the willful blindness standard adopted by the Court is more restrictive than the Federal Circuit’s deliberate indifference standard, it is still not necessary to prove that the alleged infringer had actual knowledge that the product was covered by a patent. The Court’s approval of the willful blindness standard as an alternative to proving actual knowledge could have wide reaching consequences, even outside the context of patent infringement. The decision has already been cited in criminal cases, bankruptcy cases and in cases involv HN ing the False Claims Act. Vincent J. Allen is a partner at Carstens & Cahoon where he focuses on intellectual property law. He is a co-chair of the Publications Committee and may be reached at allen@cclaw.com.
DBA Family Holiday Party ~ Monday, December 12 ~ 6 to 8 p.m. at the Belo Mansion Enjoy pictures with Santa, face-painting, tap-dancing, toy trains and more! PLEASE
BRING AN UNWRAPPED TOY TO BE DONATED TO CHARITY.
Questions? Contact Rhonda Thornton at rthornton@dallasbar.org or 214-220-7403.
Maslanka’s Field Guide to the Americans with Disabilities Act and its Amendments Written by Michael P. Maslanka of Constangy Brooks & Smith, LLP, Maslanka’s Field Guide to the Americans with Disabilities Act and its Amendments will provide employment law practitioners with clarity to the most recent developments for the ADA Amendments Act and facilitate a better understanding of: • How the new EEOC regulations to the ADAAA greatly expand the number of disabled employees • How to prosecute and defend cases in a postADAAA environment • Why a “regarded as” claim is now the most dangerous claim • How to attack and defend “essential functions” • What “association” claims are and who can make them • Reasonable accommodation claims • and much more . . .
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8 He a d n o t e s l D a l l a s B a r A s s o ciation
Novem ber 2011
How to Avoid PCI Non-Compliance Fees If your office accepts credit card payments, you should have received information from your merchant provider regarding the recent updates to PCI-DSS (Payment Card Industry Data Security Standard) compliance requirements. When you accept credit card payments, you also accept the responsibility of protecting cardholder information. As of July 1, 2010, any firm accepting credit cards was required to comply with the PCI security standards.* In addition to the requirements, if you have not become compliant, most major processors have implemented non-compliance fees. It may be helpful to review a recent merchant statement
for those charges which typically range from $15-$25 per month. To avoid non-compliance fees, you will need to take steps to become PCI-Compliant. You may have received calls regarding non-compliance fees or enticements to switch to other processors; however, use caution as these calls may just be ambush marketing techniques. Please check with your acquiring bank for specific deadlines and fees.
What is PCI?
In 2006, the major credit card brands (Visa, Mastercard, Discover, American Express and JCB) formed a security council. The goal of the Security Council was to ensure the safe
DBA Annual Meeting The Annual Meeting is Friday, November 4 in the Pavilion. A reception begins at 3:30 p.m. and the meeting begins at 4:00 p.m. If you wish to run for a position, you must contact Cathy Maher cmaher@dallasbar.org (214) 220-7401, no later than Thursday, November 3 at 5:00 p.m. to receive information about service on the Board. You are required to complete a biographical form prior to the meeting. Following the meeting all DBA resident members with an e-mail address on file will receive an online ballot. If you wish to vote online, please make sure the DBA has your e-mail address by visiting the DBA website at www.dallasbar.org, or call Kim Watson at (214) 220-7414 before 5 p.m. on Thursday, November 3, 2011. Please update your spam software to allow the e-mail ballot to enter your inbox from DallasBar@BallotBoxOnline.com. If you receive an online ballot but wish to vote by hard copy, please contact Cathy Maher at (214) 220-7401 to request that a paper ballot be mailed to you. Only those resident members without an e-mail address on file with the DBA will be mailed a hardy copy of the ballot.
handling of cardholder data at all times and reduce credit card fraud by developing a standardized set of regulations for the entire credit card processing industry. The resulting Payment Card Industry Data Security Standard, Payment Application Data Security Standard and the PIN Transaction Security Standard work together to achieve that goal. Payment Card Industry Data Security Standards are focused on protecting credit card information at the merchant level by implementing basic procedures to protect card holder data. The new regulations will make protecting sensitive card information a priority, thus reducing identity theft and credit card fraud. Regardless of how many transactions you accept or process, PCI is an important step in protecting the security of merchant account. To ensure credit card transactions are secure through every step of the payment process, all parties in the payment industry are now required to be PCI Compliant.
You Still Need to do Your Part!
PCI Compliance is composed of two areas, how credit cards are processed through our systems and how you handle credit card information within the walls of your office. The security of your office is paramount for compliance. For example, do you store paper copies of credit card data in a secure way? Do you use a payment gateway or a terminal to process credit cards? These are practical security points addressed by the PCI-DSS and apply to any business that processes, stores, or transmits credit card data (www.pcisecuritystandards.org). Until recently, most of the focus has been on major retailers that process
in excess of 6 million Visa transactions per year. All merchants, regardless of credit card processing volume, must now comply with the regulations. Failure to meet requirements can result in security breaches, costly fines, and forensic audits.
Credit Card Compliance for Attorneys
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Nov e mb e r 2 0 1 1
Focus
D al l as Bar A ssoci ati on l Headnotes 9
Computer/Intellectual Property Law
Global Patent Power On a Budget: Where in the World to File by Robert H. Johnston III and Megan Oursler
The reality of a global marketplace is expanding and international patent protection is becoming an increasingly important part of a company’s overall business strategy. Unfortunately, no single global patent presently exists. Patents remain territorial and must be secured in each country. Yet only the wealthiest companies can afford an each-and-everycountry filing strategy. Consider that filing a simple, 15-page application in 140 countries is estimated to cost more than $1.3 million. As a result, most companies need a tailored international patent strategy to obtain sufficient global patent power on a budget. Developing such a strategy involves both business and legal considerations. In developing an international patent strategy, companies should consider three central business considerations: (1) the company’s business model, (2) business goals, and (3) budgetary constraints. The business model outlines the products, manufacturing sites, and locus of sales activities. At a minimum, most companies consider filing in countries where sales and manufacturing occur. The company’s goals for its patent portfolio—whether for defense, offense, or to support alliances— impacts the strategy as well. The location of any competitors should also be considered. Finally, the company’s budget in the near term and over the coming years is an obvious limiting factor to be considered. As these factors are considered, most companies use tactics to delay expenses and decisions as long as possible. Additional time allows a company to assess more accurately the technology from a
business and legal perspective. A number of tools are used to delay expenses and decisions. The two most notable are the Paris Convention and the Patent Cooperation Treaty (PCT). The Paris Convention allows patent applicants to delay up to a year after filing an original application before filing counterpart applications in member countries. On the other hand, the PCT allows companies to delay country-by-country filings further by filing a single placeholder application that may be used in any of the 144 member jurisdictions in due course. The PCT receiving office also conducts a patent search. The search results help companies assess the merits of the invention before taking the application to specific patent offices around the world. After delaying as long as possible, companies make their final decisions and enter patent prosecution in selected jurisdictions—countries or regions such as the European Patent Office (EPO). The expense and effort required in each location are factors in arriving at the final list of jurisdictions. Attempts over the last 40 years to harmonize patent laws have made patent prosecution more uniform worldwide. Harmonization was one force behind the Leahy-Smith America Invents Act that passed earlier this year. In addition, efforts around the world continue to make the processes more efficient. For example, the recent London Agreement under European practice has eliminated the need to translate English applications into other languages before validating a European Patent in many non-English-speaking countries. European patent attorney Tim Ashton, of Forresters in the UK, believes this is one of the most important developments: “I
think the London Agreement is the most important change on a cost point of view that we have had in the European Patent system since its conception.” In addition to upfront considerations, companies must also consider enforcement. While patent protection in a particular country may sound desirable for business reasons, the challenges related to enforcing the patent may render the patent meaningless. The added expense of needing U.S. and foreign counsel, translation fees, and travel can make foreign patent litigation extremely expensive. Moreover, some countries simply do not have a legal system capable of enforcing patent rights. A number of related nonlegal factors should also be considered. For example, the stability of the government and whether the country has a history of bias, corruption, or unfairness are relevant considerations. All these factors make a one-size-fitsall strategy all but impossible. Accordingly, different companies develop different strategies even when in similar situations. In practice, some companies opt for a simple approach of filing in the U.S. and the “BRIC” countries (Brazil, Russia, India and China). Others carefully consider each invention in view of the previously-presented factors and custom
tailor a strategy for the invention. Some companies develop several standard strategies, e.g., Tier 1, Tier 2, and Tier 3, and embrace one of the strategies based on the perceived importance of the invention. Some companies—typically startup companies—simply mimic the filing patterns of established competitors. Still others focus on only controlling a few key jurisdictions, such as home country, main competitor’s country, and the two largest market countries. In this regard, a recent survey of U.S. companies resulted in the following ranking of jurisdictions as most important to an international IP strategy: Europe, China, Japan, India, Korea, Brazil and Russia. Meaningful global patent protection can be obtained on a limited budget. The business and legal considerations must be considered in view of the various tools available. While there is no one-size-fitsall approach, an effective strategy can be carefully tailored to meet the company’s HN objectives. Bob Johnston is a registered patent attorney with over 18 years’ experience handling intellectual property matters. He can be reached at Robert.Johnston@snrdenton.com. Megan Oursler is a registered patent attorney who has studied patent law abroad. She can be reached at megan.oursler@snrdenton.com. Both practice with SNR Denton US LLP.
“Managing Difficult Personalities in the Legal Workplace: Colleagues, Clients and Opposing Counsel” Ethics 1.00 November 4, 2011, Noon, at Belo Speakers includes: Chris Jones and Mary Sanger Hosted by the Peer Assistance Committee
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
Novem ber 2011
Judicial Profile: Hon. Jim Jordan by Ryan T. Cosgrove
Judge Jim Jordan has a unique perspective from the bench. He has presided over cases in Dallas County in three different decades and has seen much change. His judicial career began in 1986 when he was appointed to the bench by Governor Mark White as the Presiding Judge of the 44th District Court, but as the tides changed he left the bench and returned to private practice. Although Judge Jordan hoped to one day return to the bench, it was not until 2006 that he ran for, and was elected, judge of the 160th District Court, where he sits today. With 20 years between two different stretches as a Dallas County civil district judge, Judge Jordan has overseen cases both before and after the Internet revolution. Judge Jordan recalls seeing maybe one cell phone in his courtroom in the 1980s, and it was about six inches tall and stood upright on the counsel table. During Judge Jordan’s absence from the bench, the legal profession saw the effects of dramatic technological advances. Among Judge Jordan’s favorite changes since his first time on the bench is the evolution of electronic research and the ready access to information that it provides both judges and litigants. Judge Jordan has also seen a great increase in the volume and length of filings since the ‘80s. Reflecting on one of the changes since
his first time on the bench, Judge Jordan formed partnerships with several Dallas is concerned over the dramatic increase in attorneys. He was a partner with the firms the number of self-represented litigants. He of Riddle & Brown (later Middleberg, Ridattributes this trend to the growing cost of dle and Gianna) and Shannon, Gracey, litigation and to the accessibility of infor- Ratliff & Miller, LLP. He also worked as mation on the Internet, which persuades an Assistant City Attorney for the City the litigants to think they can represent of Garland. While practicing, Judge Jorthemselves. He says, however, that gener- dan taught trial skills courses at Southern ally self-represented litigants are unfamil- Methodist University and Louisiana State iar with the rules of procedure and tend to University law schools and trial skills and struggle in the courtroom. The judge encourages these litigants to seek counsel, but he also says that the system will have to learn to adapt to this trend. Judge Jordan graduated from South Garland High School where he was active in the marching band. He then graduated from Austin College in 1974 and Texas Tech School of Law in 1977. Judge Jordan has been active in scouting since he was young. He is Hon. Jim Jordan an Eagle Scout, worked summers as a scout camp counselor, and deposition courses for the National Instibecame a Vigil Honor member of the tute of Trial Advocacy. While on the bench he has taught legal studies courses Order of the Arrow. Judge Jordan has practiced law in the at Paul Quinn College. Judge Jordan has maintained a comDallas area throughout his career beginning in a small office in the Katy Building mitment to community and public service across the street from the Dallas County both on and off the bench. His service Courthouse. Since then, Judge Jordan over the years has included membership
Critique/Score High School Mock Trial Competitions Help judge the Texas High School Mock Trial Competitions in January, February and March 2012! A variety of dates are available. Teams are from DISD, Region 10 and across the State. Earn self-study CLE credit. Sign-up online at www.dallasbar.org/mocktrial or contact asmith@dallasbar.org.
“The desire to uphold the integrity of the judiciary drives him as a judge.”
in the American Board of Trial Advocates, the William “Mac” Taylor American Inn of Court, the State Bar of Texas Judicial Ethics Committee, acting as Local Administrative District Judge, Presiding Judge of Civil District Courts and serving as President of the Garland Bar Association. In addition, he is a Fellow of the American Bar Foundation and a Life Fellow of the Dallas Bar Foundation and of the Texas Bar Foundation. Judge Jordan is an active member in the Dallas Bar Association, a past recipient of the Jo Anna Moreland Outstanding Committee Chair Award and a past recipient of the Judicial Pro Bono Service Award. It was his passion for public service and his belief in the rule of law that caused Judge Jordan to want to be a lawyer in the first place. Judge Jordan says that he feels being a judge is the best way for him to fulfill his passion for public service. He says the desire to uphold the integrity of the judiciary and to protect the rule of law drives him as a judge. Judge Jordan and his wife, Roberta, have two grown children, Natalie, a graduate of the University of Texas Radio-Television-Film program and their son Austin, a graduate of the University of Southern HN California. Ryan T. Cosgrove is a commercial litigation attorney with Akin Gump Strauss Hauer & Feld LLP, and a member of the DBA Publications Committee. He can be reached at rcosgrove@akingump.com.
Sustaining Members of the Dallas Bar Association The DBA sincerely appreciates the support of its Sustaining Members whose financial contributions enhance the preservation of the historic Belo Mansion. David Carlock, of Carlock-Gormley-Hight Hon. Tom James Sawnie A. McEntire, of Beirne, Maynard & Parsons, L.L.P. Mike McKool Jr., of McKool Smith P.C. Tahira Khan Merritt of Tahira Khan Merritt PLLC Nancy Arnole Nasher, of NorthPark Development Company Michael L. Riddle, of Middleberg, Riddle & Gianna Scott R. Seideman, of The Seideman Law Firm Peter S. Vogel, of Gardere Wynne Sewell LLP
Nov e mb e r 2 0 1 1
Focus
Dal l as Bar A ssoci ati on l Headnotes 11
Computer/Intellectual Property Law
Drafting Contracts for the Cloud by Rob Scott
As more companies adopt cloud computing services, corporate and outside counsel are being asked to review cloud agreements. The unique business, legal and regulatory risks associated with cloud computing arise from the fact that customer data is stored and processed by the cloud vendor. This article highlights these risks and describes recommended methods for risk balancing between the parties.
Business Risks
Data Risk: Data security is a primary concern for parties to cloud computing agreements. Each party endeavors to place data security risk on the other. In our experience the risk is best balanced by putting data security liability on the vendor, then transferring that risk to a professional liability carrier. By structuring the limitations of liability, indemnity and insurance provisions properly, both sides can reduce the risks associated with data security and privacy. Service Interruption: The next significant business risk is the access and availability of the service and the impact to the business if the service is unavailable for any reason. Access and availability commitments are typically contained in a Service Level Agreement (SLA) that is part of many cloud computing contracts. The best SLA’s contain custom service metrics narrowly tailored to the customer’s business requirements. Many times the cloud solution may be comprised of two or more third-party platforms. So customers should ensure that the SLA addresses subcontractor
liability for third party service failures. Also, the SLA should define service failure remedies and action plans for resolution of service interruptions. Termination of the Agreement: Because the data is controlled by the cloud vendor, cloud computing agreements should contain an effect of termination clause that sets out a process for returning customer-owned data to the customer post-engagement. It should also specify the circumstances under which the provider can withhold services or preclude the customer for accessing the service.
Legal Risks
Intellectual Property Ownership: In cloud contracts, data provided by the customer is generally understood to be owned by the customer. It is not necessarily obvious, however, who owns intellectual property that is not customer data. For instance, it is common for a vendor to customize its service offering to meet a customer requirement. The agreement should specify whether additional code written by the vendor to customize its solution for a customer is the property of the vendor or considered a “work for hire” owned by the customer. If the vendor will own the customizations, the customer may ask for exclusive use of the customizations throughout the term of the agreement. Litigation and Discovery: The customer must have access to its data in the event of litigation. Cloud agreements should define policies for data retention and procedures for discovery production that provide the customer with significant control. In addition, data retention
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in the cloud should match the customer’s internal retention policies.
Regulatory Issues
Compliance with industry and regulatory requirements is one of the most vexing issues facing a customer contemplating cloud services. From HIPAA/ HITECH to PCI, FTC Red Flags Rules to state security and privacy statutes, many companies are required to comply with one or more data privacy and security regulations. In many cases, the cloud vendor is subject to the same data security regulatory requirements as its customers. Whether and to what extent a vendor or customer is a covered entity under privacy and data security regulation is something both parties must evaluate separately. Much to the chagrin of cloud vendors, attempts to specifically reject responsibility for compliance with applicable regulatory requirements are prohibited by some of the more recent
privacy and security statutes. Where a regulation is particularly important to the customer or vendor, contract language should track the applicable statutory language. In other cases, a provision requiring both parties to comply with applicable laws and regulations related to the services may be sufficient.
Conclusion
The two important steps to take before entering into any cloud computing agreement is to identify the risks described above to determine your client’s comfort level with respect to each and begin the discussion of risk balancing early in the negotiation. Lengthy, unsuccessful negotiations can be avoided if each side is clear as to their “deal-breakers” with respect to these HN risks upfront.
Rob Scott, the managing partner of Scott & Scott, LLP, handles intellectual property and technology matters. He can be reached at rjscott@scottandscottllp.com.
DBA Justice in Education Symposium Thursday, November 17~ 8:30 a.m. to 1:00 p.m. ~ Belo Mansion The Jack Lowe Sr. Award for Community Leadership will be presented during the luncheon. Keynote speaker: Mayor Mike Rawlings Registration $35, includes lunch. Contact Alicia Hernandez at (214) 220-7499 or ahernandez@dallasbar.org
12 H e a d n o t e s l D a l l a s B a r A s s o ciationâ€
Novem ber 2011
DBA Bench Bar Conference At Horseshoe Bay
THANK YOU TO POINT MULTIMEDIA For providing all the AV support at Bench Bar.
We appreciate you! Point Multimedia: (214) 247-2000 www.pointmultimedia.com Graphic Development, Courtroom Operation, Video Depositions
Nov e mb e r 2 0 1 1
Dal l as Bar A ssoci ati on l Headnotes 13
Emeritus Members The Dallas Bar Association honors members who have contributed to the legal profession for 50 or more years. All 50-year members are invited to attend the Annual Meeting on Friday, November 4, 2011 at 3:30 p.m. to be recognized. To RSVP, contact Michelle Dilda at (214) 220-7474 or mdilda@dallasbar.org.
Licensed in 1939 Lawrence W. Anderson E. Leroy Hallman Bernard Hirsh Licensed in 1940 Bardwell D. Odum Licensed in 1941 Royal H. Brin Jr. Robert S. Strauss Licensed in 1942 William F. Alexander Claude D. Bell Jr. Frank Ripy McWhorter Charles O. Shields Licensed in 1943 Lester A. Levy Sr. Licensed in 1945 Jeannette Williams Sadler Licensed in 1946 James R. Alexander W. Richard Bernays Frank G. Newman Robert E. Rain Jr. Jean L. White Licensed in 1947 James G. Blanchette Jr. Gordon R. Carpenter Joseph W. Geary George Hopkins George Garrison Potts John F. Wilson Licensed in 1948 George Ashley Thomas T. Barnhouse Clarence Bentley Lamar Carnes H. Gene Emery Florence K. Fletcher Lionel E. Gilly Paul Harkey Billy B. Joiner C. Sidney McClain Joel T. Williams Jr. Licensed in 1949 Jack E. Brady John W. Collins Jr. Edward J. Drake William N. Hamilton Harold L. Hitchins William L. Keller Cecil G. Magee
John McCormack B. Thomas McElroy E. Donald McNees Gordon H. Montgomery Hon. Ted Z. Robertson Licensed in 1950 George C. Anson Albert L. Bartley Jr. Harold B. Berman D. Louise Boucher Hon. Dean M. Gandy Charles C. Garner Henry Gilchrist Wayne Hancock William C. Herndon H. Louis Morrison Jr. William C. Odeneal A.W. Patterson Jr. Ralph W. Pulley Jr. F.W. Reese Paul Thorp Eldon R. Vaughan Robert G. Vial Charles J. Winikates Sr. Licensed in 1951 L.A. Bedford Jr. Ramsey Clark M. Wayne Cummings H. Sam Davis Jr. James E. Day Jr. William C. Dowdy Jr. Zack E. Mason Joseph W. McKnight Harold Arnold Pollman John L. Roach Hon. Thomas B. Thorpe H.E. Walker Jr. J. Ralph Wood Jr. Licensed in 1952 John R. Anthony Jr. Robert F. Ashley Prof. Alan R. Bromberg John H. Chiles James E. Coleman Jr. Hon. Harry T. Holland Vester T. Hughes Jr. Jerry N. Jordan Graham R.E. Koch Wayne A. Melton Joseph M. Stuhl Harry P. Stuth Jr. William (Bill) H. Tinsley James A. Williams Richard S. Woods Licensed in 1953 Donald C. Alexander
Joe Don Denton Thomas L. Fiedler Roy W. Howell Jr. James A. Knox Hon. James W. Mast William R. McGarvey
V. Rock Grundman Ivan Irwin Jr. Tom James William C. Koons Edward J. Lynch Bernard C. McGuire Kenneth J. Mighell Harold E. Moore Neil J. O’Brien William D. Powell Ronald Roberts Morton A. Rudberg Merlyn D. Sampels J. Richard Sanderson Clay C. Scott Jr. Carl A. Skibell Jason B. Sowell Jr. Hon. Milton Sturman Robert H. Thomas Louis J. Weber Jr.
Licensed in 1954 Norma Lea Beasley Frederick H. Benners Cooper Blankenship Paul M. Brewer Hon. Joe B. Brown Hon. Ben F. Ellis Robert A. Gwinn Charles W. Hall John M. Hamilton Harold F. Kleinman J. Redwine Patterson Benjamin E. Pickering Robert E. Price Allen P. Schoolfield Maxel (Bud) Silverberg James C. Tubb John R. Wright Licensed in 1955 Winston L. Adkins Ted M. Akin John C. Biggers Dennis G. Brewer Sr. Charles D. Cabaniss Eugenio Cazorla Thomas N. Griffith Jess T. Hay Lawrence P. Hochberg Jack Pew Jr. Anthony G. Riddlesperger Forrest Smith Robb Stewart Lee D. Vendig Licensed in 1956 Benjamin R. Collier John L. Estes Frank Finn Merle R. Flagg Richard A. Freling Joseph J. French Jr. Roger A. Hansen Frank S. La Barba Jr. Marvin L. Levin Wilmer D. Masterson Elton M. Montgomery Hobert Price Jr. Frank Tupper Smith Jr. Sidney Stahl Claude R. Wilson Jr. Gerry N. Wren Licensed in 1957 Barton E. Bernstein William F. Bowles Don T. Cates Frank W. Elliott Jerry C. Gilmore
DVAP’s Finest
Licensed in 1958 Burt Berry Walton P. Bondies Jr. R.W. Calloway Leland W. Carter Robert C. Cox Robert Edwin Davis F. Lynn Estep Jr. Robert (Jim) Foreman Ben A. Goff John W. Hicks Jr. Bill C. Hunter Jerry Lastelick John T. McCully John H. McElhaney Robert H. Power William T. Satterwhite Harry R. Shawver Jr. Dan W. Stansbury Jack R. Wahlquist Emory L. White Jr. Barney T. Young Norman A. Zable Licensed in 1959 Webber W. Beall Jr. Tom A. Blakeley Jr. Allen Butler Durwood D. Crawford Marshall J. Doke Jr. Robert A. Fanning A.D. “Gus” Fields Frederick W. Fraley III Larry L. Gollaher James J. Hartnett Jack W. Hawkins Norman P. Hines Jr. James H. (Blackie) Holmes III Herbert L. Hooks Ray Hutchison Jerry P. Jones Richard A. Lempert George R. Milner George David Neal Donald F. Padgett
Paul L. Salzberger Edwin M. Sigel Joe A. Stalcup Charles M. Supple Robert C. Taylor Licensed in 1960 E. Karl Anderson Anthony Atwell Paul E. Ave Lester V. Baum P. Oswin Chrisman Edward A. Copley David S. Curtis Alan D. Feld Paul L. Fourt Lawrence W. Jackson John L. Lancaster III Joe H. Loving Jr. Hon. Robert B. Maloney Tom D. Matthews Jr. Hon. Pat McDowell Hon. Robert C. McGuire Hon. Don Metcalfe Robert L. Meyers III Robert F. Middleton Hon. Robert O’Donnell Jerome L. Prager William M. Ravkind Cecil A. Ray Jr. Rust E. Reid James B. Sales Malcolm L. Shaw C. Freeman Stallings Jr. Donald A. Swanson Jr. Arthur I. Ungerman William D. White Jr. Licensed in 1961 Arch A. Beasley Jr. John F. Boyle Jr. William T. Burke Jr. Adelfa B. Callejo Roy C. Coffee Jr. Jim E. Cowles Adair Dyer Jr. Albert B. Fenton John A. Gilliam David G. Glickman Jay Rodney Kline Larry M. Lesh Warren C. Lyon Clark J. Matthews II Donald C. McLeaish Stan McMurry John W. Payne Paul W. Phy Virgil E. Rogers James T. Rudd Miles L. Schulze Wade C. Smith Paul B. Underkofler Fred D. Ward Christopher M. Weil Ben B. West Fletcher L. Yarbrough
Rhonda Hunter
Is Pleased to Announce
Pro Bono: It’s Like Billable Hours for Your Soul.
MEL WOLOVITS
Rhonda Hunter is a distinguished family law attorney, operating a solo practice. Throughout her career, Rhonda has been dedicated to pro bono service. She is Board Certified in Family Law and finds time to dedicate considerable hours to DVAP, where she has been a regular volunteer for many years, handling divorce and custody cases. Rhonda also took on the task of mentoring other pro bono attorneys when DVAP launched the Conflict Panel in 1999. She continues to serve as Conflict Panel Attorney Mentor on conflict of interest matters and ad litem cases, and lends her family law expertise to DVAP training opportunities, such as the annual Family Law Nuts & Bolts seminars. Thank you for all that you do, Rhonda!
To volunteer or make a donation, call 214/748-1234, x2243.
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14 H e a d n o t e s l D a l l a s B a r A s s o ciation
Novem ber 2011
Simple Steps to a Successful Deposition by Kiera O’Connell Goral
Whether you are a young attorney or a seasoned practitioner, depositions can be a stressful process. Many new attorneys are not well trained in how to take or defend a deposition and find themselves ill equipped in dealing with surprises. Some basic strategies can help any lawyer make the most out of any deposition. Find Your Style. Benjamin Franklin once said that a “spoonful of honey will catch more flies than a gallon of vinegar.” Despite this simple truth, some attorneys treat the opposing party as
their adversary at deposition. While this style may prove effective for some, acting in an overly assertive manner can remind a witness that you are the bad guy. The witness will not relax and will likely remember the advice they received in deposition preparation. By being nice, you can make an intimidating situation more bearable for the witness. When a witness is more relaxed, they may be less defensive and you may be more likely to get the answers that you need. However, the nice guy approach does not work for everyone. Some attorneys are more comfortable taking a serious
Court of Appeals at Belo
On September 29, justices from the Fifth District Court of Appeals heard a live oral agreement at the Belo Mansion in front of 300 DISD students. The presiding justices included (left to right) Hon. Elizabeth Lang-Miers, Hon. Douglas S. Lang and Hon. Molly Francis.
approach when conducting depositions. Finding a deposition style that works for you, based upon your personality, can help you be more effective in deposition. When you are more comfortable, you are more likely to stay focused on the task at hand. Be Professional. Douglas MacArthur said that “you are remembered for the rules you break.” In the legal profession, however, a reputation takes a long time to build. You do not want to be known as the deposition troublemaker. Read the rules before your next deposition. Both the Texas and federal rules of civil procedure prohibit speaking objections. Speaking objections are often deemed coaching. Examples include: asked and answered; objection, you can answer, if you know; calls for a legal conclusion; calls for a narrative; and misstates prior testimony. These objections remind the witness to consider earlier testimony and to answer based on their attorney’s suggestion. Despite the fact that speaking objections are not allowed, some attorneys continue to make them. If you find yourself on the receiving end of these objections, briefly note your disapproval on the record. Unfortunately, it is difficult to get relief unless the conduct greatly interferes with the deposition. If you encounter a repeat offender, notice your depositions for video whenever possible. An aggressive attorney may behave better when on camera. Also, if you have to seek relief from the court, a video tells a much better story than a transcript. If you do not have a video, make sure that you note disagreeable behavior that may not appear on a transcript, such as shouting or hovering over a witness. Stay Calm. “In cross examination, as in fishing, there is nothing more ungainly than a fisherman pulled into
the water by his catch.” Keep this Louis Nizer quote in mind the next time you depose a difficult witness. A difficult witness, not to be confused with a well-prepared witness, can make a deposition extremely frustrating. Some witnesses will not be affected by your charisma or professionalism. They will continue to be difficult. You will most likely not be able to break them. What you can change is your reaction. Take your time and keep your cool. An evasive witness is hoping that you will become discouraged and move on. If you argue with the witness or his or her attorney, you may lose your focus. Note your objection to the witness’ unresponsiveness and continue with your questioning. Continue to ask the question until you get your answer. Take a short break if necessary to regain your composure. If the witness continues to evade questions and you are not getting answers, determine whether it will be worthwhile to move the court for relief. When making this decision, you will need to consider how the record will appear to a judge. Ending the deposition is something that should be done in only the most egregious circumstances. If you find this necessary, clear the decision with the attorney in charge of the file. Preparation and confidence are essential to being successful in depositions. Being comfortable in your approach and knowing how to handle difficult situations will make you more efficient. Improving deposition skills can lead to better support for dispositive motions HN and fewer surprises at trial. Kiera O’Connell Goral, an attorney with Thompson, Coe, Cousins & Irons, LLP, focuses on first party insurance disputes and insurance coverage. She can be reached at kgoral@thompsoncoe.com.
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Dal l as Bar A ssoci ati on l Headnotes 15
Briefing the Path of Least Resistance by Scott P. Stolley
To accuse someone of following the path of least resistance is oftentimes an insult. H.G. Wells famously said, “The path of least resistance is the path of the loser.” Napoleon Hill said, “The path of least resistance makes all rivers, and some men, crooked.” In short, taking the easy way out is not usually the heroic path. In brief-writing, however, there is a valuable place for the path of least resistance. Specifically, your brief should lay out the path that will lead the court to your desired result with the least resistance. As we all learned in high school science class, electricity will follow the path of least resistance. The electrons will flow down the path that is easiest. A short circuit occurs when an accidental connection is made that shortens or simplifies the planned path for the circuit. Similarly, in legal briefing, both sides should lay out the path of least resistance. The appellant or movant should lay out the easiest path to arrive at the requested relief. By contrast, the appellee or respondent should try to “short circuit” that path and direct the court to a different result. There are several reasons why it is important to give the court (an appellate court or a trial court) the path of least resistance. First, trial and appellate judges are very busy. For example, justices on the Dallas Court of Appeals must author two or three opinions a week just to keep pace in addition to participating in other cases. The point is that busy judges are less likely to go down a long, circuitous path. For that reason, Mortimer Levitan said, “The secret ambition of every brief should be to spare the judge the
necessity of engaging in any work, mental or physical.” The lawyer who can do that—who can make it easy for the court—is more likely to win. A second reason is that judges are human. As Sir Wilfrid Greene said, “The desire for simplification is a perennial weakness of the human mind, even the mind of judges.” Just because judges are educated and sophisticated does not mean that they crave overly complex arguments. They will gravitate toward arguments that get to the right result most easily. The third reason is a practical one. Despite the legal profession’s penchant for complexity, most cases boil down to a few simple points. Make it easy for the court by giving the court those simple points. As Justice Oliver Wendell Holmes, Jr. said, “I don’t give a fig for the simplicity on this side of complexity, but I would die for the simplicity on the other side.” The big question, of course, is: How do you do that? One tactic is to state the “deep” issues upfront. A deep issue is a syllogistic statement that encapsulates your argument. Bryan Garner discusses this in his book, The Winning Brief. By conveying the deep issue, you will encourage the court to start down your path. Another tactic is to be selective about the number of issues you raise. On that topic, another quote from Justice Holmes is to “strike for the jugular, and let the rest go.” Don’t complicate your path with secondary issues. Another tactic—put simply—is to keep it simple. As Einstein said, “Everything should be made as simple as possible but not simpler.” If a thought cannot be expressed simply, it is probably too weak to be in your brief. And as Ninth Circuit Judge Alex Kozinski said, “Simple arguments are winning
~ In Memoriam ~ Since 1875, the DBA has honored recently deceased members by passing resolutions of condolences. This tradition continues through the work of the DBA Memorial & History Committee. To view the Memorial Resolutions presented to the families of deceased members, visit www.dallasbar.org.
arguments; convoluted arguments are sleeping pills on paper.” But don’t confuse simplicity of product with ease of production. It is not easy to simplify a brief. If you take the path of least resistance in your own writing process, you are not likely to produce a brief that best conveys the path of least resistance to the court. As Samuel Johnson said, “Whatever is written without effort is read without pleasure.” Finally, remember the four Pillars of Affirmance: preservation of error, standards of review, the harmless-error rule, and stare decisis. The presence of one or more of these pillars is an obstacle
Professionalism Tip of the Month Let Your Word be Your Bond. (See Texas Lawyer’s Creed, A Section I1.) Professionalism is shown by the type of lawyer about whom people will say: “If he says he will do it, he will do it.” Let your word be worthy of the dignity and integrity that inspires others to act in tandem. Avoid becoming the one others refer to as the lawyer from whom, “You’d better get it in writing.”
to any effort to reverse a judgment. If you are the appellee, one way to short circuit the appellant’s path is to invoke these pillars. If you are the appellant, you will have to find the path of least resistance around the pillars. To summarize, Justice Holmes said that a lawyer’s job is “to make plainer the way from some things to the whole of things.” You can best do that through the hard work of finding and conveying HN the path of least resistance. Scott P. Stolley is the leader of the Appellate Practice Group at Thompson & Knight LLP in Dallas. He is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization. He can be reached at scott.stolley@tklaw.com.
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.
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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
Novem ber 2011
Lisa Blue Baron Honored with Access to Justice Award In recognition of her compassion Compassion. Webster’s Dictionary defines compassion as the “sympa- and generosity, the Dallas Bar Assothetic consciousness of others’ distress ciation and Legal Aid of NorthWest together with a desire to alleviate it.” Texas honored Ms. Blue Baron with its The Dallas Volunteer Attorney Pro- first ever Access to Justice Award at the gram defines it with a list of pro bono annual Pro Bono Awards Reception on October 26. lawyers and supporters who “Lisa’s contributions are compelled to use their are far and wide,” said Dallegal skills and resources to las Bar Association Presihelp the less fortunate. At dent Barry Sorrels. “She the top of that list is one has donated her time. She of the champions of pro has encouraged others bono—Lisa Blue Baron. to do pro bono. She has For years, Ms. Blue trained legal aid staff so Baron has translated her they can better represent compassion for clients their clients. And she has into support for the Dalmade significant financial las Volunteer Attorney contributions. She does it Program, a joint pro bono all, and she has done so for program of the Dallas Bar many, many years.” Association and Legal Aid Lisa Blue Baron The new Access to Jusof NorthWest Texas. Her efforts to make the lives of others more tice Award will be given jointly by the bearable include using her Spanish- Dallas Bar Association and Legal Aid of speaking skills to interview clients at NorthWest Texas from time to time to the West Dallas Legal Clinic, teach a deserving individual, group, or organipro se divorce classes, and help Span- zation and will be named The Lisa Blue ish-speaking clients finalize their fam- & Fred Baron Access to Justice Award in ily law cases. She also launched Baron honor of our first recipient’s outstanding & Budd’s pro bono program while she contributions to the Dallas Volunteer was at the firm. Ms. Blue Baron’s com- Attorney Program. The Lisa Blue & Fred mitment to pro bono does not stop Baron Access to Justice Award follows in there. Her support includes significant the footsteps of the Hartman Judicial financial assistance to the program’s Pro Bono Service Award, named after fundraisers for nearly 20 years, includ- the late Honorable Merrill Hartman, ing support of the annual Equal Access who was one of the founders of orgato Justice Campaign, Bench Bar Con- nized pro bono in Dallas, and the Lois ference and Law Jam. If that weren’t Bacon Special Services Award, named enough, Ms. Blue Baron has hosted in honor of the late Lois Bacon who, and underwritten Legal Aid of North- following retirement, volunteered fullWest Texas’ annual Women’s Advocacy time for the Dallas Volunteer Attorney HN for over 20 years. Awards since 2008.
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Sarah Saldaña Appointed as U.S. Attorney oversee one of the largest offices in the country, having prosecutorial responThe Senate has confirmed Sarah sibility over more than 100 counties Saldaña as U.S. Attorney of the in the northern and western areas of Northern District of Dallas. President Texas. She received her law degree in 1984 Obama nominated Saldaña on June 27 and the Senate Judiciary Committee from SMU Dedman School of Law and unanimously approved the nomination upon graduation, began her law career as a clerk to Hon. Bareon September 7. The full foot Sanders in the U.S. Senate followed on SepDistrict Court. She then tember 12, and she was went on to work at Haynes sworn into office on Sepand Boone, LLP, and then tember 29 by Hon. Sidat Baker Botts, LLP. She ney A. Fitzwater, Chief also worked for several U.S. District Judge. federal agencies including “Sarah Saldana has all the U.S. Departments of the tools to be an excelLabor, Housing and Urban lent United States AttorDevelopment and Equal ney for the Northern Employment OpportuDistrict of Texas—intelnity Commission before ligence, determination, becoming Assistant U.S. experience and a keen Attorney. sense of right and wrong,” Sarah Saldaña “I am honored by the said DBA President Barry Sorrels. “She is a credit to her profes- privilege of serving as U.S. Attorney sion and will be skillful in her new and greatly appreciative of President Obama’s appointment and the conposition.” Saldaña, a career prosecutor, has sent of the United States Senate, parserved as Assistant U.S. Attorney ticularly Senators Cornyn and Hutchi HN since 2004 and most recently served son,” said Saldaña. as a Deputy Criminal Chief in charge of the Fraud/Public Corruption Sec- Jessica D. Smith is the DBA’s Communications/Media Direction. As U.S. Attorney, Saldaña will tor. She can be reached at jsmith@dallasbar.org. By Jessica D. Smith
E-Mentors Wanted!
The most convenient way to reach out to our high school students in Dallas ISD is by email! As a business professional, you can provide a unique opportunity to mentor high school students by helping them better understand the link between education and career opportunities. We match you with a qualified student—all that is required is to communicate via email at least once a week. This could not be any easier! Sign-up online today at www.dbamentor.org.
le ab dt ca un eri Ro m e “A ” ut f ct in o A -m ion ts 90 ss ven w! scu In Ne Di
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Focus
Dal l as Bar A ssoci ati on l Headnotes 17
Computer/Intellectual Property Law
Ownership of Inventions By John A. Thomas
This note discusses the ownership of inventions. Here, “invention” means any invention or discovery useful to a business, whether patentable or not, and may include a trade secret. A patent is a government grant of the right to exclude others from making, using, or selling the invention. Patents have the attributes of personal property, and can be assigned, mortgaged, and devised like any other personal property. State property law governs contracts to assign patents, and transfers, mortgages and devises of patents. The default rule is that the inventor owns the invention, even if employed at the time. In the absence of a contract or implied obligation that changes the rule, the inventor can be assumed to own the invention, including rights arising under a patent on it. The courts are reluctant to find an employee agreed to transfer ownership of his or her invention. If the employee was hired to invent, then the employer owns the invention. This may result from an employment contract, or from an implied obligation arising from the nature of the employment. The clearest cases are those where the employer and employee have made a contract which explicitly covers the employee’s duties, and also the ownership of inventions made by the employee. Such contracts are enforceable, even if the only consideration for the employee’s performance is continued employment. If there is no employment contract, the question is whether, from the nature of the employee’s duties, and the employer’s instructions, it can be inferred the employee was hired to invent. The leading case is United States v. Dubilier Condenser Corp., in
which the U.S. Supreme Court found that the inventors did not agree to “exercise their inventive faculties in their work,” and that the invention was not within the scope of the research assigned to them. Thus, the inventors were entitled to keep their patents. Whether the employee was hired to invent, or was otherwise obligated to assign inventions, usually requires detailed analysis of the relationship. If the employee was not hired to invent, and there is no employment contract dealing with invention ownership, then the employee, as the inventor, owns the invention. But even if the inventor owns the invention, the employer may be entitled to a “shop right.” The shop right is a non-exclusive, royaltyfree license, giving the employer the right to practice the invention. The employeeinventor is free to patent the invention and exploit it as he pleases. The leading Fifth Circuit case is Wommack v. Durham Pecan Company. The Wommack court held the employer’s assistance in reducing the invention to practice was not necessary to its obtaining a shop right. The principal consideration is the employee’s consent. This may be shown by either the employee’s actual consent to the employer’s use, or by the employee’s use of the employer’s time and facilities to make the invention. Essentially, the employee is estopped from suing the employer for patent infringement because of employee’s own conduct. If the shop right is characterized as an implied license, the emphasis is on employee activities such as developing the invention on the employer’s time at the employer’s expense. If characterized as an equitable estoppel, the emphasis is whether the employee’s actions, such as consenting to employer use, require he be estopped from asserting the patent
right against his employer. Some courts simply analyze the circumstances and the employee’s activities to determine if would be fair and equitable to allow an employee to prevent the employer from using the invention. Joint inventors may become joint patent owners. Under 35 U.S.C. § 116, joint inventors are joint owners, even though they did not contribute equally to each claim in the patent. In the absence of any contrary agreement, joint patent owners may make, use, and sell the patented invention without the consent of the other owners and without accounting to the other owners. The statutory rule differs from ordinary co-tenancy law, where co-tenants have a duty to account to co-owners for profits from the jointly-owned
property. Sometimes persons can become joint inventors unintentionally. Frequently inventors need to consult engineers or other experts to manufacture or perfect their inventions. If these persons conceive features which are claimed in the patent application, they are co-inventors and co-owners. There can be a fine line between making suggestions and making an invention. Unless a joint venture is intended, inventors should avoid this problem by getting an agreement that any inventions made by the consultant will be owned HN by the inventor. John A. Thomas is a member of Glast, Phillips & Murray, P.C., representing clients in patent and other intellectual property matters. He can be reached at jathomas@gpm-law.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
In the News
November
FROM THE DAIS
Frank Carroll, of Cox Smith Matthews Inc., spoke at the Federal Bar Association’s Annual Meeting and Convention. He also published an article in the Federal Bar Association’s SideBar Summer 2011 issue entitled “Class Action Waivers and the Preeminence of the Federal Arbitration Act.” Nicole Emmons, of Baker & McKenzie LLP, spoke at the 7th Anti-Counterfeiting & Brand Protection Summit in New York City. Bill Whitehill, of Gardere Wynne Sewell LLP, spoke at the Grayson County Bar Association meeting on Maximizing Arbitration.
KUDOS
Shakeeb Mir, of Jackson Walker L.L.P., was accepted to the 2011-2012 class of the State Bar of Texas’ Leadership SBOT Program. Sonya D. Hoskins, of Robinson & Hoskins, L.L.P., has been elected Chair-Elect of the Dallas Black Chamber of Commerce. Melinda Jayson, of Melinda G. Jayson, P.C., has been appointed Specialty Track Chair for the Fourteenth Spring Conference of the American Bar Association’s Dispute Resolution Section.
Marcos G. Ronquillo, of Godwin Ronquillo PC, has been named president of the Julian Samora Legacy Foundation Board. Mark E. Goldstucker, of Brown & Hofmeister, L.L.P., has completed approved mediation training.
ON THE MOVE
Ty Johnson has joined the firm of Strong & Nolan LLP. Erreka T. Campbell has joined Munsch Hardt Kopf & Harr, P.C. Bradley R. Holdbrook has joined Winstead PC as Associate. Tara Flume and Shruti Krishnan have joined Looper Reed & McGraw as Associates. Rose L. Romero has joined Thompson & Knight LLP as Partner. David O. Taylor has joined the faculty of the SMU Dedman School of Law as an Assistant Professor. Amy E. LaValle has joined Skiermont Puckett LLP as Counsel. Meredith L. Perry has joined Wick, Phillips, Gould & Martin LLP.
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DBA Member Awarded Knight of the Legion Honor Joseph Geary, founding shareholder of Geary, Porter & Donovan, P.C., was recently honored with France’s highest military decoration — Knight of the Legion of Honor. “[The medal] is a sign of France’s infinite gratitude and appreciation for your personal and precious contribution to the United States’ decisive role in the liberation of our country,” wrote Francois Delattre, France’s ambassador to the U.S. in a letter to Mr. Geary. “The French people will never forget your courage and devotion to the great cause of freedom.” Mr. Geary enlisted in the U.S. Army Air Corps in November 1942, during World War II. In the course of his military service, he flew more than 50 European combat missions as a navigator with the 450th Bombardment Group. According to an article in the Dallas Morning News, during one of Mr. Geary’s missions, his plane was severely damaged, and his co-navigator moved up to take over for the co-pilot, who had been badly injured. They couldn’t bail out without abandoning the co-pilot, and Mr. Geary
helped guide the pilot toward the safety of an Allied airfield in Yugoslavia. For his courageous acts, Mr. Geary
was awarded the Distinguished Flying Cross and an Air Medal. After his military service, he returned to Dallas and attended SMU Dedman School of Law, where he graduated in 1948. He has served as Assistant District Attorney for Dallas County and as a member of the Dallas City Council. He then went on to help start the firm of Geary, Porter and Donovan. Mr. Geary, a longtime Dallas Bar Association and Dallas Bar Foundation member, was honored with the award on October 8. Thank you for your service to our HN country!
. . . . . . DBA In the News . . . . . .
During the past two months, your DBA has been highlighted in the following media:
North Dallas Gazette: DBF Hosts David Brooks, Legislative Forum
Dallas Business Journal: Conference of the Professions
OpenPress.com: DBA President Barry Sorrels
Dbusinessnews.com: Philbin Awards, DBF Hosts David Brooks
OpenPR.com: DBA President Barry Sorrels
Dallas Morning News: Appealing to the Public, Legislative Forum
SBOT newspaperclips.com: Legislative Forum
Dallas South News: Legislative Forum
Sunnyvale View: Legalline
Dallas Voice: Legislative Forum
The Eagle: Ken Burns at Belo
Fox 4 TV: Appealing to the Public
Texas Bar Journal: Ken Burns at Belo
United States Postal Service -- PS Form 3526 Statement of Ownership, Management, and Circulation
(1) Publication Title: Headnotes. (2) Publication Number: 1057-0144. (3) Filing Date: September 15, 2011. (4) Issue Frequency: Monthly. (5) Number of Issues Published Annually: Twelve. (6) Annual Subscription Price: $30. (7) Complete Mailing Address of Known Office of Publication: 2101 Ross Ave., Dallas, TX 75201-2768. Contact Person: Jessica D. Smith. Telephone: 214-220-7477. (8) Complete Mailing Address of Headquarters or General Business Office of Publisher: 2101 Ross Ave., Dallas, TX 75201. (9) Full Name and Complete Mailing Address of Publisher: Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. Full Name and Complete Mailing Address of Editor: Cathy Maher, Executive Editor, 2101 Ross Ave., Dallas, TX 75201. Full Name and Complete Mailing Address of Managing Editor: Jessica D. Smith, Editor, 2101 Ross Ave., Dallas, TX 75201. (10) Owner: Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. (11) Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities: None. (12) Tax Status: Has Not Changed During Preceding 12 Months. (13) Publication Title: Headnotes. (14) Issue Date for Circulation Data: September 1, 2009. (15) Extent and Nature of Circulation. (First number is Average No. Copies Each Issue During Preceding 12 Months; Second number is No. Copies of Single Issue Published Nearest to Filing Date). (15a) Total Number of Copies (net press run): 11,187; 13,450. (15b1) Mailed Outside-County Paid Subscriptions Stated on PS Form 3541: 1,382; 2,380. (15b2) Mailed In-County Paid Subscriptions Stated on PS Form 3541: 9,101; 10,790. (15b3) Paid Distribution Outside the Mails Including Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS: 0; 0. (15b4) Paid Distribution by Other Classes of Mail Through the USPS: 0; 0. (15c) Total Paid Distribution: 10,483; 13,170. (15d1) Free or Nominal Rate Outside-County Copies Included on PS Form 3541: 107; 41. (15d2) Free or Nominal Rate InCounty Copies Included on PS Form 3541: 387; 37. (15d3) Free or Nominal Rate Copies Mailed at Other Classes Through the USPS: 22; 31. (15d4) Free or Nominal Rate Distribution Outside the Mail: 110; 101. (15e) Total Free or Nominal Rate Distribution: 626; 210. (15f) Total Distribution: 11,109; 13,380. (15g) Copies not Distributed: 78; 70. (15h) Total: 11,187; 13,450. (15i) Percent Paid: 94.36%; 98.43%. (16) Publication of Statement of Ownership. Publication required. Will be printed in the November 1, 2011, issue of this publication. (17) Signature and Title of Editor, Publisher, Business Manager, or Owner: Jessica D. Smith, Editor. Date: September 15, 2011. I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties).
N ove mb e r 2 0 11
Classifieds
Dal l as Bar A ssoci ati on l Headnotes 19
November
OFFICE SPACE
Never Pay Parking Again. 11,540 sf Design District law firm office building for lease/sale. 3 minutes/3 miles from Frank Crowley Justice Center. 48-car parking, 11 private offices, 4000+ sf open workspace - 1319 Crampton, Bob Darrouzet (972) 849-6265, bob@trinityrealestate.com. North Central – University Park Area. Penthouse of the Meadows Bldg., spacious window office, balcony. Share office with small AV-rated law firm. Conference room/ library, reception area, secretarial station, voicemail, copier, fax, high-speed internet, covered parking and DART station available. Call Sandy at (214) 363-6633. Office space available within small real estate law firm located at 4054 McKinney Avenue. Shared conference and break room, copier, DSL & phone equipment are available if needed. No long term commitment and a total monthly rate of $650.00. For inquiry, please call (214) 520-0600. Executive office available (w/optional secretarial office). Preston Tower. shared amenities (kitchen, conference room, reception area, bathroom). $775/mo. Near Preston Center, 10 min. from courthouse. Call (214) 369-1171 or email herbhooks@aol.com. Uptown. AV rated senior trial lawyer with overflow practice has two furnished window offices and a secretarial area available.
Bilingual receptionist, conference room, etc. Prefer experienced professional to share office space and overhead. Email whayner@ haynerlaw.com or call (214) 871-2500.
POSITIONS AVAILABLE
Small-sized north Dallas AV law firm seeks part-time (25 hours a week) associate/ of counsel attorney experienced in transactional, tax and/or estate planning law. Prior attorney in this position possessed a Master in Tax degree and experience in the employee benefits area. Perfect for an experienced colleague who wishes a flex time position in his or her career. Respond with cover letter and resume to Dallas Bar Association, Box 11–11A, 2101 Ross Avenue, Dallas, Texas 75201. Palmer & Manuel, LLP, a 13-attorney firm in Campbell Centre, seeks one experienced business litigation and one experienced family law attorney. The firm’s compensation formula allows attorneys to keep a substantial portion of their fees. See the firm’s website at www.pamlaw.com. Please reply to spalmer@pamlaw.com. Dallas boutique business, commercial, bankruptcy, and construction litigation firm seeks experienced litigator. Candidate must have first chair trial experience and have taken expert deposition. Stable work record necessary. Compensation negotiable. Some portable hourly clien-
tele and involvement in one or more associations a plus. Firm offers first-rate office environment. This is an excellent opportunity for the right attorney. Respond to oaklawnfirm@aol.com.
Diamond And Gold Buyer. Buying all types of Diamonds, Immediate Cash Paid. Consignment terms available @ 10 -20% over CASH. For consultation and offers please call (214) 739-0089
Established Boutique Estate Planning Law Firm in North Dallas has an immediate opening for an experienced estate planning attorney with a strong tax background. Part or full time, flexible hours. Email your resume to estateplanningdallas@gmail.com.
Economic Damages Experts - Thomas Roney has more than twenty years’ experience providing economic consulting services, expert reports and expert testimony in court, deposition and arbitration. His firm specializes in the calculation of economic damages in personal injury, wrongful death, employment, commercial litigation, IP, valuation and divorce matters. Mr. Roney and his experienced team of economic, finance, and CPA 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, Barry Seldon, PhD. or Syd Thompson, MBA in Dallas/Fort Worth (214) 665-9458 or Houston (713) 513-7113. troney@thomasroneyllc.com.
Employment Opportunity: Associate. Boutique Uptown commercial litigation law firm seeks experienced Associate. Qualified candidates will have at least 3 years of law firm litigation experience and experience in document review, discovery matters and various platforms. Candidates must be licensed and in good-standing in Texas. Salary commensurate with experience and abilities. For consideration, send resume to patricia@beckham-group.com. No phone calls, please.
SERVICES
Mexican Law Expert - Attorney, former law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues: FNC motions, Mexican claims/defenses, personal injury, moral damages, contract law, corporations. Co-author, leading treatise in field. J.D., Harvard Law. David Lopez, (210) 2229494. dlopez@pulmanlaw.com.
Spanish-language Interpreting Services. Margarita Martín-Hidalgo, State Certified Court Interpreter, Federally Certified Court Interpreter. Tel. (214) 883-1736. E-mail: mmartinhidalgo@me.com. Place Your Ad Here! For affordable classified advertising rates call Judi Smalling at (214) 220-7452.
ABA Publication Child Protective Services Discount For Advanced Topics DBA Members Dallas Bar members can purchase Fall Seminar ABA books at a 15% discounted MCLE 5.25; Ethics .50
November 18, 2011, 8:30 a.m. to 3:00 p.m., at Belo Continental Breakfast & Lunch included Register online: www2.dallasbar.org/ events/register/crimjust_cps_signup.asp Hosted by the Juvenile Justice Committee
rate. For a complete list of titles or to place an order, visit www.ababooks.org. Enter code “PAB7EDBA” upon checkout and the 15% discount will be automatically applied to your order. Discount does not apply to ABA-CLE iPod products. For assistance, call (312) 988-6112.
NEED BILLABLE HOURS? Join the DBA Lawyer Referral Service Log on to www.dallasbar.org/dallas-lawyer-referral-service or call (214) 220-7499.
20 H e a d n o t e s l D a l l a s B a r A s s o ciation†KM_HNad101111_b
10/19/11
Novem ber 2011
12:40:02 AM
When fortune and family matter, trust yours to Kelly McClure. The McClure Law Group is comprised of seasoned, high-octane attorneys who deliver meaningful results when fortune and family matter. Kelly McClure and the team at McClure Law Group expertly navigate the complexities of divorce, division of assets, custody, pre-and post-marital agreements and modifications. A leader in the Collaborative Law movement, McClure offers clients the option of a collaborative approach to protect privacy and reduce the financial and emotional burdens that can come with litigation. However, when litigation is necessary, the McClure Law Group brings a powerhouse courtroom presence, finance and tax acumen, state-of-the-art research tools, and extensive trial experience to produce resolutions that protect their clients' fortune and family. Trust yours to Kelly McClure.
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