December 2010 Headnotes

Dallas Bar Association

HEADNOTES December 2010 Volume 35 Number 12

Focus Sports & Entertainment Law

Lisa Blue Baron Donates $100,000 to Equal Access to Justice Campaign

by Alicia Hernandez

Seeking Justice and Changing Lives. Most lawyers say that this concept drove their decision to go to law school. The opportunity to see wrongs made right and to make a difference are the beacons that continue to guide them through their days as starving students, to young associates, and on to being experienced attorneys.

Lisa Blue Baron is certainly one of those lawyers. The pursuit of what is just and fair for others has been her constant refrain. The changes she has made in the lives of those she serves have been extraordinary. From her days in the Dallas County District Attorney’s office through her evolution into a nationally renowned trial lawyer, Ms. Blue Baron has been entrusted with making a difference in the lives of everyday people.

Her helping hand has again been extended very graciously to the neediest among us. The disabled, the abused, those who have bravely served our country, and innocent children are some of the many people she will help in the coming year through her support of the Dallas Volunteer Attorney Program (DVAP).

On November 18, Ms. Blue Baron announced her gift of $100,000 to the 2011 Equal Access to Justice Campaign benefiting the Dallas Volunteer Attorney Program. Ms. Blue Baron has made this—the single, largest donation in the 16year history of the campaign—in memory of the Honorable Merrill Hartman. Judge Hartman, the founder of legal clinics for the poor and a pro bono advocate for nearly 30 years, died on October 15, 2010.

“Judge Merrill Hartman was my close friend and mentor,” said Ms. Blue Baron. “Whether it was at lunch, a party or at his assisted living, the conversation was always on helping others and projects for the less fortunate. Judge Hartman taught me many valuable lessons, but the three most important were the value of giving back, a positive attitude and a belief that anything is possible. I miss and think of my friend often and was blessed to have him in my life.”

Ms. Blue Baron’s donation comes at a time when it is needed more than ever. U.S. Census Bureau poverty statistics released in October 2010 are staggering. Twenty-five percent, or 600,000, of the 2.4 million people living in Dallas County are eligible for free legal aid. To qualify for free legal aid, a family of four cannot have an annual income of more than

Focus

Lisa Blue Baron

$27,563. Hiring a lawyer is a luxury that DVAP’s clients simply cannot afford.

“We are truly touched by Lisa’s generosity,” said Ike Vanden Eykel, President of the Dallas Bar Association. “Her gift is an incredible memorial to Judge Hartman who made it his life’s work to bring justice to the poor. Thousands of poor people have been helped, and thousands of lawyers have heeded the call. And, now, many more will be served.”

Bringing the services to those in need is Ms. Blue Baron’s priority. She not only gives money, but she has also given her time. She is a DVAP volunteer who has used her Spanishspeaking skills to interview clients at the West Dallas Legal

Clinic and to help prove up, or finalize, family law cases for Spanish-speaking clients who are participating in DVAP’s Spanish Pro Se Program. Over the years, Ms. Blue Baron has also made CLE presentations to Legal Aid staff attorneys and launched Baron & Budd’s pro bono program while she was at the firm.

Like Ms. Blue Baron, DVAP strives to live up to the standard set by Judge Hartman by continuing to develop and improve innovative ways to serve more people with quality legal help. DVAP’s Pro Se Divorce Program, where people learn how to handle their own simple divorces with the help of DVAP volunteers and staff, has served as a model for other similar programs in the State of Texas. DVAP’s “night court” for pro se litigants and pro bono attorneys is extremely efficient, finalizing dozens of cases in less than two hours and giving pro bono lawyers and clients the option to finish their cases after regular business hours. DVAP’s outreach to law firms and corporations helps spread the word to the legal community about the need for pro bono legal services and how everyone can help. DVAP’s Pro Bono Week, which was held in October with the DBA Pro Bono Activities Committee, featured CLE programs presented by other Dallas legal aid agencies and demonstrates DVAP’s commitment to support other groups in their efforts. These are just a few examples of the programs DVAP has to offer.

“Ms. Blue Baron’s gift will have a tremendous impact on our pro bono program,” said Jerry Alexander, Chair of the 2011 Equal Access to Justice Campaign. “Judge Hartman was a leader and innovator. He has shown so many lawyers how and why to serve, and Lisa is doing that too. We are so proud that she is helping to carry on his legacy through Dallas Volunteer Attorney Program.”

The Dallas Volunteer Attorney Program is a joint program of the Dallas Bar Association and Legal Aid of NorthWest Texas. For more information on the Campaign, 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 or above the $1,000 level and all firm and corporate donors at or above the $5,000 level will be recognized in an ad in the Dallas Morning News during HN the week of December 20, 2010.

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.

Sports & Entertainment Law

SoundExchange—A Digital Royalty

by Craig C. Crafton

A song contains two different legal elements: 1) the underlying song or composition; and 2) the recorded performance of the song. Whenever a song is publicly performed, a royalty is owed to the songwriter (or the songwriter’s publisher) for the use of the underlying song or composition. See generally 17 U.S.C. § 106. ASCAP and BMI collect and administer that royalty. But historically, no royalty was owed under United States law for the use of the sound recording when that sound recording was publicly performed (on radio or in an establishment). Put simply, broadcast radio played and made money from sound recordings at will, without having to pay for use of the copyrighted sound recording. In fact, the sound recording copyright owners (SRCO) competed to have their copyrighted sound recordings

exploited. Conversely, in Europe, artists and copyright owners have historically been paid for the public performance of sound recordings.

But as the financial model for the music business has changed, so have the legalities regarding the exploitation of sound recordings. The Digital Performance in Sound Recordings Act of 1995 and the Digital Millennium Copyright Act of 1998 granted, for the first time, a performance right for sound recordings. Those two Acts apply to non-interactive digital transmission—satellite radio and Internet radio (webcasting)—and require payment of a royalty to the SRCO (typically a music label) and the performing artist for the use of the sound recording. See 17 U.S.C. § 114(d)(2).

The U.S. Copyright Office designated SoundExchange, a private, non-profit organization, as the sole administrative entity for the issuance of the statutory

Inside 5 2011 Dallas Bar Officers Elected 7 The Changing World of Music Royalties 9 Sex, Drugs and Wheaties Boxes: Player Endorsements 13 Coming to a Theater Near You: From Script to Screen

license under the Copyright Act and collection and remitting of the digital performance royalty for sound recordings. SoundExchange monitors the playing of songs on Internet and satellite radio by gathering reporting data. SoundExchange then pays the SRCO, the performing artist (the band), and even featured performers, a royalty based on the number of plays a song receives.

Although the royalty rate, as set by the Copyright Royalty Board, is fractional, many plays can add up to significant revenue. Under the statute, SoundExchange pays the SRCO 50 percent of the collected royalty and 45 percent to the performing artist. See 17 U.S.C. § 114(g).

The remaining 5 percent of the collected royalty is reserved to pay side artists through musicians’ unions.

According to SoundExchange Executive Director John Simpson, SoundExchange is now the secondcontinued on page 13

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

December 3 – Belo Noon

FRIDAY CLINICS

“The Intangibles: The Will of A Trial Lawyer,” Barry Sorrels, DBA President-Elect. (MCLE 1.00)*

December 10 – North Dallas** Noon

“Ethics in E-Discovery,” Philip W. Goodin and Ernest Higginbotham. At Two Lincoln Centre. (Ethics 1.00)* RSVP to kzack@dallasbar.org. At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Suite 240 Dallas, Texas 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

December 17 - Belo Noon

“The Battle of the ‘Active Jurors’ – What’s Really Going On In The Jury Room” Chris Ritter. (MCLE 1.00)*

WEDNESDAY, DECEMBER 1 Noon

Employee Benefits/Executive Compensation Section “Say on Pay and Executive Compensation Proxy Disclosures Post Dodd-Frank,” Susan Wetzel.

(MCLE 1.00)* Solo and Small Firm Section “Sanctions and Misbehavior in Federal Court: Bad Faith, Meritless Filings and Reckless Disregard,” Timothy G. Ackermann. (Ethics 1.00)* Legal Ethics Committee “An Update on the Proposed Revisions to the Texas Conflict of Interest Rules, Including the ‘No Sex With Clients’ Provision.” Frederick C. Moss, John H. Carney and Carol Payne. (Ethics 1.00)*

Public Forum Committee

Federal Bar Association

5 p.m.

Bankruptcy & Commercial Law Section “Bankruptcy Judges Panel Discussion,” Bankruptcy Judges from the Northern and Eastern District of Texas. (MCLE 1.00)*

THURSDAY, DECEMBER 2 11 a.m.

Noon

D ecem ber 2010

J. L. Turner Legal Association

Intellectual Property Law Section “Trademark Trial and Appeal Board Practice,” Hon. Carlisle Walters. (MCLE 1.00)*

Annual Clerk and Coordinator Awards Luncheon sponsored by the Judiciary Committee, the Dallas Bar Foundation and the Federal Bar Association. RSVP to kzack@dallasbar.org.

Family Law Section Board

St. Thomas More Society

DAYL CLE Committee Meeting

FRIDAY, DECEMBER 3 Noon

Friday Clinic – Belo “Courtroom Intangibles: The Will of a Trial Lawyer,” Barry Sorrels, DBA President-Elect. (MCLE 1.00)*

MONDAY, DECEMBER 6 Noon

Tax Section “After the Elections—What’s Next? A Preview of Tax Legislative Issues in the Next Congress.”

Jeffrey McMillen. (MCLE 1.00)*

Peer Assistance Committee DAYL Foundation Board of Trustees

TUESDAY, DECEMBER 7 Noon

Corporate Counsel Section “Tips From the Trenches: The Rules of the Road for 2010,” Mark Morton and John Grossbauer. (MCLE 1.00)*

Tort and Insurance Practice Section

Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.

“A Policy Debate – Whether the Liability of Third-Party Liability Insurance Carriers Should Not Be Limited to Stowers and Breach of Contract,” Ernest Martin, Michael W. Huddleston, Beth Bradley and David Schubert. (MCLE 1.00)*

DAYL Equal Access to Justice Committee

DVAP New Lawyer Luncheon—For more information, contact Chris Reed-Brown at reed-brownc@lanwt.org.

Morris Harrell Professionalism Committee

4 p.m.

Senior Lawyers Committee

6 p.m.

DAYL Board of Directors

6 p.m.

Home Project Committee

WEDNESDAY, DECEMBER 8 7:45 a.m. Dallas Area Real Estate Lawyers

Discussion Group

WEDNESDAY, DECEMBER 15 Noon

Energy Law Section Topic Not Yet Available

Noon

Family Law Section “Parenting Coordination and Parenting Facilitation,” Gay Cox and Honey Scheff. (MCLE 1.00)*

Municipal Justice Bar Association

Non-profit Law Study Group

CLE Committee

5:15 p.m. LegalLine—Volunteers welcome.

Second floor Belo.

House Committee Walk Through

DAYL Lunch and Learn – How to be a RockStar Associate. For more information, e-mail cherieh@dayl.com.

5:15 p.m. LegalLine—Volunteers welcome.

Second floor Belo.

THURSDAY, DECEMBER 9 11:30 a.m. DAYL Barristers for Babies Noon

Environmental Law Section “The Metroplex at the Water’s Edge: Let the Wars Begin,” Mark McPherson. (MCLE 1.00)*

Library Committee

Publications Committee

Christian Lawyers Fellowship

6 p.m.

J. L. Turner Legal Association

Dallas Women Lawyers Association

FRIDAY, DECEMBER 10

Friday Clinic – North Dallas** “Ethics in E-Discovery,” Philip W. Goodin and Ernest Higginbotham. At Two Lincoln Centre.

(Ethics 1.00)*

Noon

MONDAY, DECEMBER 13 8:30 a.m.

Franchise & Distribution Law Section “What Every Non-Franchise Attorney Should Know About Franchise Law,” Maral Kilejian, Dyan House and Earsa Jackson. (MCLE 4, including 1.00 Ethics)

Noon

Real Property Law Section “Update on the Texas SAFE Mortgage Licensing Act and the Dodd-Frank Mortgage Reform and Anti-Predatory Lending Act,” Douglas Foster.

(MCLE 1.00)*

Community Service Fund Board

Dallas Hispanic Bar Association

DAYL Foundation Fellow Committee

Dallas Diversity Task Force Fifth Annual DDTF Report Release & Panel Discussion. “Diversity in the Top 20 Dallas Firms: Where Are We Five Years Later?”Come Learn Strategies for a Successful Career from our Panel of Top Lawyers. For more information, visit www.diversitytaskforce.com or e-mail mail@diversitytaskforce.com.

6 p.m.

DBA Family Holiday Party Enjoy pictures with Santa, face-painting, tap-dancing, toy trains and more! For more information, contact rthornton@dallasbar.org.

TUESDAY, DECEMBER 14 Noon

Business Litigation Section “Adventures in Error Preservation,” Scott Stolley.

(MCLE 1.00)*

Mergers and Acquisitions Section “Lyin’, Cheatin’ and M & A Stealin’: Negotiating the Fraud Exemption,” Wilson Chu, Peter Flocos, Gregg Hidalgo and Soren Lindstrom. (MCLE 1.00)*

THURSDAY, DECEMBER 16 11:30 a.m. DAYL Foundation Fellows Luncheon Noon

Appellate Law Section “U.S. Supreme Court Update,” Kirsten Castaneda.

(MCLE 1.00)*

Pro Bono Activities Committee (at DVAP offices, 1515 Main Street, Dallas, TX 75201)

Dallas Gay and Lesbian Bar Association

3:30 p.m. DBA Board of Directors

FRIDAY, DECEMBER 17 Noon

Friday Clinic – Belo “The Battle of the “Active Jurors” – What’s Really Going On In The Jury Room” Chris Ritter.

(MCLE 1.00)*

Trial Skills Section Topic Not Yet Available

MONDAY, DECMEBER 20 Noon

Labor & Employment Law Section “FLSA Year in Review,” Rob Wiley. (MCLE 1.00)*

TUESDAY, DECEMBER 21 Noon

DAYL Elder Law Committee

WEDNESDAY, DECEMBER 22 No DBA Meetings Scheduled

THURSDAY, DECEMBER 23 No DBA Meetings Scheduled

FRIDAY, DECEMBER 24

DBA Offices Closed for Christmas Eve Holiday

TUESDAY, DECEMBER 28 No DBA Meetings Scheduled

WEDNESDAY, DECEMBER 29 No DBA Meetings Scheduled

THURSDAY, DECEMBER 30 No DBA Meetings Scheduled

FRIDAY, DECEMBER 31

No DBA Meetings Scheduled. Offices close at 1 p.m.

MONDAY, JANUARY 3 Noon

Tax Section Topic Not Yet Available

TUESDAY, JANUARY 4 Noon

Corporate Counsel Section Topic Not Yet Available

Tort and Insurance Practice Section “Settlement Issues in Multi-Party Litigation from the Plaintiff and Defense Perspectives,” Bill Cobb and Randy Johnston. (MCLE 1.00)*

Peer Assistance Committee

6 p.m.

DAYL Board of Directors

DBA MEMBER REMINDER: Your 2011 DBA DUES STATEMENT will be mailed to your office or home on October 15, 2010.

2011 DBA DUES must be paid by December 31, 2010 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.

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D al l as Bar A ssoci ati on l Headnotes 3

Goranson, Bain, Larsen, Greenwald, Maultsby & Murphy, PLLC Dallas 214.373.7676 Plano 214.473.9696 :: gbfamilylaw.com

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

D ecem ber 2010

Headnotes

President's Column

Published by: DALLAS BAR ASSOCIATION

Quite a Year by ike vanden eykel

It has been almost one year since I had the honor of assuming the position as the 101st President of the Dallas Bar Association. The year 2010 has almost come and gone and it is hard to believe this is my last column as head of this wonderful organization. It has been a privilege to serve our bar association and all of our members this year. With the backing of a tremendous staff and the support of our Board of Directors, Team DBA has been able to handle what has confronted us, and hopefully we will leave the place a little better than we found it in January of this year, which was one of my goals for the year.

The start of our great year saw the Dallas Bar Inaugural held at our own Pavilion and the event was by all accounts a stunning success. Our partner Culinaire rose to the occasion and presented our home in a fashion that took your breath away.

The Master of Ceremonies for the 2010 Inaugural was our 100th President Christina Melton Crain and she was without question both gracious and inspiring.

I would be remiss in not thanking our Executive Director, Cathy Maher, and her talented staff for their unwavering support and guidance throughout this year. We are truly fortunate as an association to have this team in place and to be able to rely on them as we move into the second decade of the 21st Century. I have been blessed to have them on my side throughout my presidency.

One of the most important undertakings of our organization each year is the Campaign for Equal Access to Justice. This effort has been led for 2010 by Chair Jerry Alexander and Co Vice-Chairs Brad Weber and Rob Crain.

They have led another all-star group in the effort to raise money for the Dallas Volunteer Attorney Program, which is the vehicle through which the Dallas Bar is able to extend help in the form of legal representation to the less fortunate of Dallas. DVAP is one of the crown jewels of the DBA and this year’s campaign is something that all of us can be proud of and point to as a stellar example of what the Dallas Bar Association and its members feel is important and valuable.

Another project for 2010 that I feel has been embraced by many in the DBA has been Vision 2020. This commission has also been led by Chair Jerry Alexander with tremendous help from Co Vice-Chairs Kim Askew and Rob Crain. The charge to this commission was to look at the needs of the profession and our association currently and 10 years from now to see what will be needed to keep the Dallas Bar Association in a position to lead in the year 2020 and be able to service the needs of our members, as well as the City of Dallas. This has been a very large responsibility and we are all benefitting from the hard work of this group.

Our profession has continued to experience one of the most tumultuous periods in many decades. There have been a lot of displaced attorneys as a result of the economic downturn and

Board of Directors Roundup Scott McElhaney, Chair, called the October 21 meeting to order and welcomed and introduced guests, including representatives of the sister bars, who were in attendance for the annual joint meeting.

Jerry Alexander, Chair of the Equal Access to Justice Campaign, gave an update on the Campaign, stating that raffle tickets are selling well and that $203,000 has been raised toward the $600,000 goal.

Jose Ortiz, President of the Dallas Hispanic Bar Association updated the Board on this year’s DHBA activities and announced that DHBA has been selected to host the National Hispanic Bar convention in 2011.

Reporting for the Dallas Asian American Bar Association, President Hope Shimabuku stated that DAABA membership has increased greatly from 15 members in 1998 to 214 members to date. Eunice Kim Nakamura, DAABA President-Elect, explained the association’s nine committees and their purposes.

Sean Hamada, board member of DAABA, reported on those DAABA members who have been recognized in the community with various awards.

Karen McCloud, President of J.L. Turner Association, thanked the Board for their support of the annual scholarship banquet and explained that the organization offers many activities for its members throughout the year.

Reporting on the Dallas Association of Young Lawyers, President-Elect Penny Blackwell stated that the organization now has over 3,000 members and puts on numerous activities and fundraisers throughout the year. She also reported that DAYL continues to have an active Foundation, having distributed over $17,000 in grants this year.

There being no further business, the meeting was adjourned.

the DBA has tried to be of service to those who have been hit the hardest by the economic difficulties that have hit our country and the world. We have tried to reach out to those in need and provide the type of services they need in order to retool and move forward in their careers. This is another example of something we can be proud of as a bar association.

The year 2010 saw a continuation of the highly successful Transition to Law Practice Program, which is designed to provide mentors for new attorneys so that they can benefit from the experiences and advice of older attorneys and learn to practice law ethically and successfully. The program was the brainchild of our own Justice Douglas Lang and this year it has been chaired by Laura Benitez Geisler. The program is expanding to other areas of our state and its success is a testament to the vision of Justice Lang.

We have been able to honor several of our members in 2010 with awards and recognition that were well deserved. Kim Askew received the Martin Luther King, Jr. Justice Award at the annual MLK Luncheon this year. Kim has been active in all aspects of the Dallas Bar Association for years, as well as being a major player in both the State Bar of Texas and the American Bar Association. We owe a lot of gratitude to Kim Askew for her continued support of the Dallas Bar and our community.

The recipient of the Morris Harrell Professionalism Award at the DBA Annual Meeting this year was Mike Baggett, who served as President of the Dallas Bar Association in 2000. Mike has been a tremendous asset to the Dallas Bar for many years and his leadership qualities are legendary around the Belo Mansion. He was instrumental in the success of the campaign to fund the construction of the Pavilion, of which we are all so proud. Mike is the textbook example of professionalism and he is a great example for generations of new attorneys in the Dallas Bar. The Dallas Bar was fortunate to have many gifted and inspiring speakers and events at our own Belo Mansion and Pavilion in 2010. One of the highlights of this year was the address by the Honorable Barbara M.G. Lynn at the annual Law Day luncheon. Judge Lynn was both entertaining, as well as inspiring in her presentation, and we appreciate her being available to our membership at this event.

The Dallas Bar and its guests within the media were richly entertained by the presentation of Kenneth Starr, who was the keynote speaker at the 27th annual Philbin Awards Luncheon.

Mr. Starr is former U. S. Solicitor General and current President of Baylor University and he packed the house at this year’s event.

It has been my honor and privilege to serve the Dallas Bar Association as President in 2010. I have had the opportunity to connect with many of our members during the year and I will always cherish my memories of this year. Thank you for your support and for giving me the opportunity to HN serve the 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: Ike Vanden Eykel President-Elect: Barry Sorrels First Vice President: Paul K. Stafford Second Vice President: Sally Crawford Secretary-Treasurer: Wesley Young Immediate Past President: Christina Melton Crain Directors: Scott M. McElhaney (Chair), Brad C. Weber (Vice Chair), Jerry C. Alexander, Hon. Jane J. Boyle (At Large), Wm. Frank Carroll, E. Leon Carter, Rob Crain, Jennifer Edgeworth (President, Dallas Association of Young Lawyers), Laura Benitez Geisler, Michael K. Hurst, Hon. Marty Lowy, Michele Wong Krause, Karen McCloud (President, J.L. Turner Legal Association), Jose Ortiz (President, Dallas Hispanic Bar Association), Mary Scott, Hope Shimabuku (President, Dallas Asian American Bar Association), Scott P. Stolley (At Large), Diane M. Sumoski and Debra K. Thomas.

Advisory Directors: Penny Brobst Blackwell (PresidentElect, Dallas Association of Young Lawyers), Eric Blue (President-Elect, J.L. Turner Legal Association), Eunice Kim Nakamura (President-Elect, Dallas Asian American Bar Association) and Hon. Teresa Guerra Snelson (PresidentElect, Dallas Hispanic Bar Association).

Delegates, American Bar Association: Rhonda Hunter, Hon. Douglas S. Lang Directors, State Bar of Texas: Talmage Boston, Christina Melton Crain, Beverly Bell Godbey, Robert R. Roby, Frank E. Stevenson, II HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications / Media Director & Headnotes Editor: Jessica D. Smith Calendar: Kathryn Zack In the News: Judi Smalling Art Director: Thomas Phillips Advertising: Karla Howes PUBLICATIONS COMMITTEE Co-Chairs: Vincent J. Allen, Timothy G. Ackermann and Suzanne Raggio Westerheim Vice-Chairs: Lea N. Clinton and Paul R. Clevenger Members: H. Joseph Acosta, Natalie Arbaugh, Wesley J. Bailey, Heather J. Barbieri, Vance L. Beagles, Eric Blue, Barbara Boudreaux, Quentin Brogdon, Lance E. Caughfield, Christina Melton Crain, Pat Driscoll, Dawn E. Fowler, Floyd R. Hartley Jr., John Thomas Hayes, Paul W. Herring, Mary Louise Hopson, Victor Johnson, Arshil A. Kabani, Mike Keliher, Jamie McKey, Elizabeth Jo McShan, Thomas L. Mighell, Mitchell S. Milby, Clay Miller, Jennifer Mitchell, Hon. Jim Moseley, Sonia Navia, Heather Bailey New, Jenna Page, Kirk L. Pittard, Irina B. Plumlee, Robert D. Ramage, Andrew Baxter Ryan, Gregory W. Sampson, Steven D. Sanfelippo, Barry Sorrels, Paul K. Stafford, Scott B. Stahl, Amy E. Stewart, Sherry L. Talton, Debra K. Thomas, Ike Vanden Eykel, Peter S. Vogel, Thomas Williams, Courtney Willis, Elizabeth A. Wilson and Sarah Q. Wirskye.

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: Kimberley Watson Projects & Communications Assistant: Kathryn Zack Publications Assistant: 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 2010. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher.

Headnotes serves the membership of the DBA and, as such, editorial submissions from members are welcome. The Executive Editor, Editor, and Publications Committee reserve the right to select editorial content to be published. Please submit article text via e-mail to jsmith@dallasbar.org (Communications Director) at least 45 days in advance of publication.

Feature articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informational and educational purposes and is not intended as legal advice. Opinions expressed in articles are not necessarily those of the Dallas Bar Association.

All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Association’s sole discretion.

Headnotes (ISSN 1057-0144) is published monthly by the Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. Non-member subscription rate is $30 per year. Single copy price is $2.50, including handling.

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

2011 Dallas Bar Officers Elected

by Jessica D. Smith

Members of the Dallas Bar elected its 2011 officers during the Annual Meeting on November 5. The officers are: Barry Sorrels, president; Paul K. Stafford, president-elect; Sally Crawford, first vice president; Scott McElhaney, second vice president; Sean Hamada, Secretary-Treasurer; and Ike Vanden Eykel, as immediate past president.

Mr. Stafford was elected to the office of president-elect by acclamation, following nominating speeches by 2004 DBA Past President Rhonda Hunter, and 2008 DBA Past President Frank E. Stevenson II. Additionally, candidates were nominated to fill the expiring directors’ positions on the DBA Board. The names listed on the ballots sent to members were Jerry Alexander, Frank Carroll, John Goren, Hon. Martin Hoffman, Karen McCloud, Audrey Moorehead, Florentino A. Ramirez, Hope Shimabuku, Diane Sumoski and Brad Weber. Ballots were due back to the DBA on November 22 (results were not available at press time). Upon election by the membership, six of these nominees will assume positions on the 2011 Board of Directors. The presidents of the Dallas-area sister bar associations will also serve on the 2011 board.

Numerous DBA past presidents attended the Annual Meeting and were recognized, as were emeritus members who have been licensed to practice law more than 50 years.

Also recognized were Lawyer Referral Service panelists with more than 10 years of service.

Mr. Vanden Eykel announced that the association has grown to 10,307 members.

John Goren, Chair of DBA Memorial & History Committee, led members as the association honored members who have passed away in the past 12 months.

Each year, the Texas Center for Legal Ethics & Professionalism co-sponsors the presentation of the Morris Harrell Professionalism Award with the DBA. The award

At the DBA Annual Meeting Nov. 5, members elected Barry Sorrels (seated) as the 2011 President.

Other members of the executive committee include (left to right) Sean Hamada, Secretary-Treasurer; Scott McElhaney, Second Vice President; Paul Stafford, President-Elect; Sally Crawford, First Vice President; Ike Vanden Eykel, Immediate Past President; and Brad Weber, current Vice Chair.

was created in 1999 in honor of DBA Past President Morris Harrell to recognize an attorney who best exemplifies, by conduct and character, truly professional traits who others in the bar seek to emulate. This year’s Morris Harrell Professionalism award recipient was Mike Baggett, of Winstead P.C. The Jo Anna Moreland Outstanding Committee Chair Award is presented annually to dedicated individuals who perform a remarkable job as committee chairs. This year, the award was presented to the leaders of the Community Involvement Committee. Meyling Ly, of William Wolf, P.C.,

and Katie Anand, of Taber, Estes, Thorne, Carr P.C., co-chairs of the committee, have worked diligently to get the DBA’s name and activities out in the Dallas community.

The committee has coordinated the Habitat for Humanity Home Project, having just completed its 19th house; the school supplies drive in which Fox 4 News named them Hometown Heroes; a reading program and book drive at Mi Esculita; an office supply drive; an arts and crafts project for at-risk children; and food and clothing drives, just to name a few.

To honor the work of exceptional DBA

Sections, the Special Section Recognition Award is presented to a section for advancing the professional interests and legal education of its members.

This year, the DBA presented the award to two sections. The first award went to the Tort & Insurance Practice Section chaired

by Mike Huddleson, of Shannon Gracey.

This section did more than just outstanding monthly CLE programs. Activities included instituting the Legends Program honoring trial legends and setting up a $30,000 endowment for the State Mock Trial Program to sponsor the Outstanding Advocate Award.

The second Special Section Recognition Award was presented to one of the DBA’s oldest sections—the Probate Section, chaired

by Elizabeth Howard, of Locke Lord Bissell and Liddell (2009-2010 chair), and Michael Cohen, of Michael Cohen & Associates (2010-2011 chair). In addition to its monthly CLEs, this section publishes a Probate Manual, contributes to DVAP and participates in Habitat for Humanity and Bar None.

Since 2002, the DBA has recognized a minority bar leader for outstanding commitment, participation and dedication to the DBA. This year, the award was presented to Sean T. Hamada, of Sean T. Hamada, P.C., for his extensive service on various committees and contributions to successful events.

Presidential Citations were also presented to behind-the-scenes members who have faithfully performed often time-consuming tasks for the association. Recipients were: Josiah Daniel for his work on the Legal History Discussion Group; John Goren, for his dedication to the Belo Mansion and his outstanding commitment to the Memorial and History Committee; Jerry Alexander for his outstanding work as Chair of the Campaign for Equal Access and Vision 2020 Commission; and to the lawyers of Jackson Walker for their participation in the Transition to Law Practice Program, and Kim Askew was recognized for her commitment to the DBA HN as an ABA Delegate.

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

D ecem ber 2010

Celebrate Pro Bono!

The week of October 25-29 was National Pro Bono Week. To celebrate, the DBA and DVAP hosted daily CLEs, two legal clinics and hosted the Pro Bono Awards on October 28 to recognize those who go above and beyond in their pro bono service. The 2010 Pro Bono Lawyer of the Year went to Sean Whtye of Jones Day and the Pro Bono Firm of the Year was Haynes and Boone, LLP. Congrats to all of the award recipients and thank you for your service!

~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 http://www.dallasbar.org/inmemoriam.

Michael Steven Becker (1954-2010), a 1979 graduate of the Brooklyn Law School Samuel J. Ferro, Jr. (1943-2010), a 1968 graduate of University of Missouri Columbia School of Law Elizabeth Gilday (1959-2010), a 1983 graduate of Texas Tech University School of Law Hon. Merrill Hartman (1939-2010), a 1965 graduate of the University of Texas Law School Angela Kari Hites (1982-2010), a 2007 graduate of Baylor Law School John Price Koons (1925-2010), a 1948 graduate of SMU Law School Ernest A. Laun (1952-2010), a 1977 graduate of SMU Law School James Howard Lennon, Sr. (1924-2010), a 1948 graduate of Baylor Law School Romina Lorina Mulloy-Bossio Levine (1974-2010), a 2001 graduate of Vanderbilt University Law School Jack Little (1934-2010), a 1959 graduate of the University of Texas Law School William A. McKenzie (1923-2010), a 1949 graduate of SMU Law School Cher yl J. Moore (1951-2010), a 1976 graduate of Syracuse College of Law H. Louis Nichols, III (1916-2010), a 1940 graduate of SMU Law School Hon. R. Lewis Nicholson (1942-2010), a 1967 graduate of SMU Law School W.E. Notestine (1931-2010), a 1954 graduate of the University of Texas Law School David Park (1940-2010), a 1966 graduate of Harvard Law School Hon. Rolland T. Scales (1923-2009), a 1957 graduate of SMU Law School David J. White (1946-2009), a 1972 graduate of the University of Texas Law School James Franklin Williams (1920-2009), a 1948 graduate of SMU Law School

Pro Bono Advocate Hartman Dies The pro bono world lost one of its greatest advocates when Judge Merrill Hartman passed away October 15 at the age of 71. A graduate of the University of Texas School of Law, Judge Hartman had a legal career that spanned nearly 40 years, in which he served as a federal prosecutor, a lawyer and a judge in two district courts. But perhaps what he will be remembered most for is his pro bono advocacy.

Hon. Merrill Hartman Judge Hartman began offering legal assistance to the poor in the early 1980s. Shortly thereafter, he decided to start a neighborhood legal clinic.

He recruited and encouraged other lawyers

to do pro bono work, and his efforts became the “foundation and the blueprint for the Dallas Volunteer Attorney Program,” as well as other clinics across the state and nation.

In addition, Judge Hartman began hearing cases at night court at the clinics to continue to bring the legal system to those in the Dallas area who could not afford legal services.

Judge Hartman received numerous honors and accolades throughout his lengthy career, some of which included the American Board of Trial Advocacy’s Judge of the Year Award for Texas in 1996 and the American Jewish Committee’s Learned Hand Award in 2000. DVAP’s annual Pro Bono award is named in his honor.

Judge Hartman is survived by his wife, Sally Hartman; his daughter Melinda Eitzen, a Dallas attorney; son, Max Hartman; daughter Melissa Couture; sister Vivian Whitaker; HN and four grandchildren.

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

Sports & Entertainment Law

The Changing World of Music Royalties

by Charles McGarry

A century ago, piano rolls were the largest source of revenue in popular music. Today, the music industry generates over $160 billion in worldwide revenue, less than 10 percent of which is from the sale of recorded music. As the industry evolves, new revenue sources continue to be created.

The pecuniary value of music lies in two distinct copyrights: one for the song, and one for each recorded version of that song. The song is initially owned by the songwriter(s), who may then transfer the copyright to a music publisher for licensing and the collection of royalties. A recording is originally owned by all the musicians, engineers and producers who contribute to its creation, but copyright ownership is usually consolidated in a record company by a series of written agreements.

The song and the recording generate separate revenues. A song generates mechanical royalties, print royalties, performance royalties, home recording royalties and synchronization royalties. In contrast, recording artists received only royalties from the record company’s sales, until the digital age brought about statutory performance and home recording royalties. Artists also share master use license fees with the record company. Understanding each revenue stream is essential to properly advising a client involved in the creation of music.

A mechanical royalty is paid for the right to record a song. Once a song has been recorded and released, federal law grants a compulsory mechanical license for all subsequent “cover” recordings produced and sold domestically, at a rate determined by three Copyright Royalty Judges (CRJ). This rate is currently 9.1 cents per copy for songs under five minutes. Record companies typically negotiate a lower rate rather than rely on the

compulsory license. The Harry Fox Agency acts as a central clearing house in administering mechanical licenses. Other countries have similar organizations. In 1998, the compulsory mechanical license was extended to digital downloads, on-demand streaming and ringtones, also at rates set by the CRJ. Print royalties are paid for sheet music and other printed reproductions of a song.

Rates are individually negotiated.

Performance royalties are payable for live and recorded performances, radio and television broadcasts and non-interactive internet streaming. The writer and publisher typically join a performing rights organization (PRO) such as ASCAP, BMI or SESAC to collect license fees from any business that plays music.

There are also a number of foreign PROs. Each PRO determines the fee it charges and the manner in which it allocates those fees.

Unlike other royalties, which are paid to the publisher then shared with the writer, each PRO pays their writers and publishers separately. If a writer has no publisher, half the royalty will be lost. Consequently, a writer who retains ownership of a song must form their own publishing company to receive the entire royalty.

Performers and record companies do not receive performance royalties for broadcasts in the United States, but do receive them for broadcasts in most other countries. Consequently, it is important to obtain assistance in administering sound recordings in each country where the recording is broadcast. Performers and record companies were granted a statutory performance royalty in 1995 for the use of their recordings by cable and satellite subscription services (e.g., the music channels on DirecTV), non-interactive internet streaming, and satellite radio. The CRJ also set these rates, and SoundExchange collects and distributes these royalties, which are divided 50 percent to the record companies,

45 percent to the featured artists, 2.5. percent to non-featured musicians and 2.5 percent to non-featured vocalists.

Since 1992, part of the price for audio recording devices and blank recording media is paid to the Copyright Office to offset losses for the copying of music. Two-thirds of this money is divided among featured recording artists, record companies, non-featured musicians and vocalists. The remainder is divided between publishers and writers. Claims must be filed with the Copyright Office each year, and the CRJ determine how the funds are distributed.

A synchronization license fee is paid to reproduce a song in a film, television program or commercial. A master use license fee must also be paid to use a particular recording of the song. Both fees are typically one-time payments. However, each repeat on television generates additional performance royalties.

As technology changes, both the sources of music revenue and the players involved in collecting it will continue to evolve. HN Charles McGarry is the former Chief Justice of the Fifth District Court of Appeals and a former chair of the DBA Sports and Entertainment Law Section. He can be reached at cmcgarry@ix.netcom.com.

Philbin Awards Luncheon

Nearly 300 DBA members filled the Pavilion at the 27th annual Philbin Awards Luncheon to recognize excellence in legal reporting. Attendees included (left to right) Leon Carter, keynote speaker Kenneth Starr, and DBA President Ike Vanden Eykel.

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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

D ecem ber 2010

Judicial Profile: Judge Elizabeth Frizell

by Andy Ryan

Lawyers who practice in front of Judge Elizabeth Frizell are often found around her office in the Frank Crowley Courts Building. For these lawyers, the verdict on Judge Frizell is simple: she’s guilty of being hardworking and fair.

Judge Frizell presides over Dallas County Criminal Court #11, which is an assault family violence misdemeanor court. She only hears family violence cases and, sadly, Judge Frizell’s court is very busy. She typically has 10 jury trials set every Monday through Wednesday, with an additional 15 to 20 bench trials set for each Thursday and Friday.

But Judge Frizell always wanted to be a trial lawyer and judge. “I knew from the time I was 12 that I wanted to be a trial lawyer,” said Judge Frizell, “and I knew I wanted to be a criminal lawyer.” She noted that while she had thought she would change her mind as she grew up, she never did.

Judge Frizell was born in Fort Worth and was raised in Kansas City, Kansas.

She returned to Texas to attend Prairie View A&M University, and then Texas Southern Law School. Her third year of law school solidified her childhood dream of becoming a criminal lawyer, when she had an externship with the U.S. Attorneys’ office that made her want to “try cases as often as I could.”

Judge Frizell’s first job was with the Department of Justice in Dallas. After a stint at the DOJ, Judge Frizell entered the private sector, where she was in solo practice for more than 13 years.

Her practice focused on representing clients in criminal, family and juvenile

Judge Elizabeth Frizell

law matters.

In the late 1990s, Judge Frizell got her first taste of the bench when she became an associate municipal court judge for the City of Dallas. This role permitted Judge Frizell to continue her private practice part-time, which was “an advantage…because [I] got to see the perspective of the judge. It gave you a different perspective when you were trying the case.”

Judge Frizell was elected to preside over County Criminal Court #11 in November 2006. She ran a grass-roots campaign that included knocking on doors to discuss issues with voters. This gave Judge Frizell an inside point of view on what the voters wanted in a misdemeanor court judge. “A lot of people

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came up to me and said, ‘you know, I’ve never had a judge come and knock on my door.’ So I would sit there and talk with them, and I would find out their different views and perspectives, which was really interesting for me.”

In addition to punishing deserving defendants, Judge Frizell is proud of her court’s ability to prevent future family violence through tailored rehabilitation programs. Once a month, Judge Frizell holds a conditional dismissal docket, which allows the state to defer sentencing in exchange for the defendant’s agreement to receive counseling from a state-sanctioned provider.

The most prevalent of these programs is Batterers Intervention Prevention (BIP). BIP requires the defendant to sign a contract with the State agreeing to attend a one-hour BIP class every week for six months. The BIP classes are geared toward changing the offender’s negative view of the spouse or significant other. They are administered by private providers, but paid for

by the defendants.

When she is not on the bench, Judge Frizell spends as much time as she can with her family, including her 2 children—a 10-year-old daughter and a 7-year-old son. Judge Frizell’s children share her active lifestyle, which includes skiing, running and tennis. “I love to ski anytime I have the chance.”

Her children are also budding skiers and snowboarders, and recently used one of her old campaign signs as a sled when heavy snow hit Dallas earlier this year.

After three years on the bench, Judge Frizell is very pleased to preside over Dallas County Criminal Court #11. When asked her opinion of the past three years, she says: “This is the best job I’ve ever had. I love this job.

I’ll be here as long as the people allow HN me to be.”

Andy Ryan is a senior litigation associate at Diamond McCarthy LLP and a member of the DBA’s Publications Committee. He can be reached at ARyan@diamondmccarthy.com.

Appealing to the Public On October 18, justices from the Fifth District Court of Appeals heard a live oral agreement at the Belo Mansion in front of 400 DISD students.

The presiding justices included (left to right) Hon. Michael O’Neill, Hon. Mary Murphy and Hon. Robert Fillmore.

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Beginning Level II-Tuesdays Beginning Level I-Wednesdays Beginning Level VI-Thursdays Class cost: $180. Deadline to sign up: January 10 For more information, contact Teddi Rivas at TRivas@dallasbar.org or (214) 220-7447

DVAP’s Finest Star Carter

Star Carter is a fourth-year corporate associate in the Dallas office of Weil, Gotshal & Manges LLP. Star has always had a passion for giving back to those less fortunate and utilizing her law degree to assist those less fortunate in the local community.

She began taking on DVAP pro bono cases in her first year of practice, and she recently served as the 2010 Weil Gotshal Lend-A-Lawyer in the DVAP office. Star regularly volunteers at DVAP legal clinics and has handled several pro bono matters, including name change, divorce, adoption, guardianship, wills, contract disputes and asylum matters. As a corporate transactional attorney, Star enjoys representing large institutional clients in mergers and acquisitions and other private equity transactions. However, she enjoys practicing different facets of law as well as acquiring courtroom experience in her capacity as a pro bono attorney. “There is no better feeling than when your pro bono client is on the verge of tears and is hugging you and thanking you for the positive outcome you achieved for him or her,” she said. On her recent assignment as a 2010 LendA-Lawyer with DVAP, Star said, “DVAP is a wonderful place to work and help out those who could not otherwise afford legal assistance. As an attorney in the DVAP office, I got to personally witness how much the DVAP employees and volunteers change their clients’ lives for the better. I am truly fortunate that Weil and DVAP afforded me such a wonderful opportunity.” Thank you, Star!

Pro Bono: It’s Like Billable Hours for Your Soul.

To volunteer or make a donation, call 214/748-1234, x2243.

A joint legal aid program of the Dallas Bar Association and Legal Aid of NorthWest Texas (formerly Legal Services of North Texas).

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

Sports & Entertainment Law

Sex, Drugs and Wheaties Boxes: Player Endorsements

by Kate Jett and Andrew Medeiros

“It’s the finest cola drink I ever tasted.” In 1939, former New York Yankee great Babe Ruth entered into a contract with Red Rock Cola, permitting the use of his image and endorsement on promotional print advertisements.

The Red Rock ads are one of the earliest examples of player endorsements.

More than 70 years later, this practice has become an advertising staple.

By attaching products to the goodwill created by the celebrity of star players, advertisers are better able to connect with consumers. The right player endorsement is believed to increase product sales so much that some advertisers are willing to invest millions of dollars in a single player.

This past June, for example, Reebok, in the midst of an infamous economic downturn, signed Washington Wizards rookie John Wall to a five-year, $25 million endorsement contract.

Wall has yet to play in an official NBA game.

Like all investments, however, player endorsements are not without risk. Problems can arise when a player’s actions off of the field place him or her in a negative light. After all, the value of player endorsements is based in large part on the public’s perception of that athlete as a person. Thus, if a player is convicted or merely suspected of a violent crime, drug use, sports gambling or some other form of illegal or immoral behavior, the value of the endorsement could depreciate quickly and even harm an advertiser’s sales.

The Tiger Woods scandal provides a classic example of advertisers reacting directly to public perception. Even

before all the facts were made known, advertisers began fleeing. Accenture, AT&T, Tag Heuer, Gillette and Gatorade have all either terminated their contracts with Woods or severely limited his role in their advertising campaigns. Olympic swimmer Michael Phelps faced similar public scrutiny when photographs of his using marijuana at a college party surfaced. While not charged with a crime, Phelps lost his endorsement deal with Kellogg.

To protect against these public relations nightmares, advertisers may rely on “morals clauses.” A strict morals clause might protect against a player engaging in “any act involving moral turpitude” or being involved in “any situation or occurrence including, but not limited to, the use of drugs or alcohol, or otherwise tending to bring himself into public disrepute, contempt, scandal, or ridicule.” A more lenient morals clause might only protect against a player being arrested or convicted of a crime.

Although these catchall provisions seem to provide much-needed contractual protection for when a player’s actions threaten to depreciate the value of the endorsement, a player’s agent at the bargaining table may not always be willing to acquiesce. For example, an advertiser’s proposed endorsement contract might contain a morals clause that only requires suspicion or reports of misconduct to trigger termination rights. Or, when dealing with high-risk players, the advertiser might tailor the morals clause specifically to that player’s history with a particular vice, such as gambling or alcoholism.

However, after contract negotiations, the final version of the morals

clause will often require that the player be charged or convicted before triggering termination rights. In addition, the agent may have successfully negotiated for inclusion of an arbitration clause that takes away the advertiser’s unilateral right to decide whether the player breached the morals clause. If the conviction or arbitration takes months or even years to occur, the morals clause is effectively useless.

Even so, morals clauses can be a significant asset, and advertisers have surely taken notice. In 1997, less than half of endorsement deals were estimated to have a morals clause. Five years later, that number was estimated around 75 percent, and it has presumably since risen further. This is not surprising, as the value of endorsements and the media scrutiny of athletes have increased dramatically. Thus, advertisers must calculate the risks of hiring an expensive, but sure-fire moral standby like Peyton Manning, against cheaper and less predictable stars who may

have rocky pasts. Of course, the Woods and Phelps incidents have proved that even the most model of citizens can make poor decisions.

Additionally, some advertisers have also attempted to hedge these risks by using multiple players in the same advertising campaign. As an additional safeguard, some advertisers have opted to acquire the rights to retired or even deceased athletes. The message is clear: with millions of dollars tied to a player’s reputation, an advertiser must be able to act quickly and decisively so that a tarnished reputation does not carry on to the product or service being HN endorsed.

Kate Jett is Associate Counsel for Rangers Baseball, LLC, and can be reached at kjett@texasrangers.com. Andrew Medeiros is a legal intern for Rangers Baseball, LLC, and will receive his J.D. from Marquette University School of Law in May 2011. This article reflects only the authors’ personal views and not necessarily the views of Rangers Baseball, LLC.

What Do These Have In Common?

• A lawyer fluent in Russian • A Forensic Expert • An Environmental Law specialist

All three can be found in the yellow page listings of your 2010 DBA Membership Directory and online a http://www.dallasbar.org/pictorial/guide.asp Take advantage of the #1 Legal Resource & Expert Witness Guide in Dallas County!

Need a copy of the new directory? Contact Judi Smalling at jsmalling@dallasbar.org.

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

D ecem ber 2010

Tech Toys for Lawyers—2010 Edition

by Tom Mighell

It’s that time again—my favorite time of year, when we can forget about the humdrum day-to-day of printers, copiers and desktop computers. Every time the holidays roll around, I get to thinking about the technology that actually allows us to have a little fun. As in past years, great new gadgets and gizmos continue to be released at a dizzying pace, really too many to mention in 750 words. So this year’s edition of Tech Toys for Lawyers will focus on three areas: smartphones, tablets and e-readers—and maybe a bonus if you’ve been good.

In smartphones, this year has seen an explosion of phones using the Android platform from Google; it almost seems as if a new Android phone is released every couple of weeks. Android users love their phones for a couple of reasons. First, they are available on just about every phone pro-

vider, so you won’t have to change carriers to try an Android phone. Second, Android phones are fully-packed with Google-based tools that are fantastic. They have definitely usurped the iPhone as the “musthave” phones for tech geeks. To check out all phones using the Android platform (26 and counting!), visit the Google Phone Gallery (http://www.google.com/phone/#).

But while you may be drooling over an Android device, don’t count the iPhone out yet. This year Apple unveiled its iPhone 4.

This phone has some great new features and the best screen quality of just about any phone. Battery life is improved, and the new Facetime tool allows you to have face-toface video calls with other iPhone 4 users.

Learn more at www.apple.com/iphone.

And although Blackberry is rapidly losing market share to both Android and iPhone devices, they are still chugging along with new devices. The latest offering is the Blackberry Torch (http://j.mp/cd8pm6), featuring a slide-out keyboard (for those who still need the feel of keys), a 5-megapixel camera, and integration with the most popular social networks.

I didn’t even get to mention the new Windows Phone 7 devices being rolled out as this article went to press, but they are definitely worth a look. Before you run out and buy a smartphone, head over to CNet’s Cell Phone Buying Guide (http://bit. ly/3qAPm) for guidance on making the right choice.

If you’re looking for the hottest technology for the holidays, look no further than the iPad. Since it debuted in April, Apple’s table computer has become one of the greatest sellers of all time, and it’s easy to see why. It is simply one of the most elegant, easyto-use tablet computers ever created.

As a business tool for the lawyer it still has a ways to go. Although litigators and others have put it to good use,

it simply is not ready for prime time as a content creation device. But as a content consumption device it has few peers, if any.

Read the latest news, watch videos or even your favorite book—it’s all beautiful on the iPad. Learn more at www.apple.com/ipad.

Although the iPad offers a great new way to read e-books, it has not made a dent in the market created by the Amazon Kindle (http://j.mp/c0PoKO), the most popular e-book reader around. The latest version of the Kindle is a slim, graphite model, and at only $139 it’s a great value. It holds up to 3,500 books, and can run a whole month on a single charge. But you don’t need a Kindle to read Amazon books; you can find Kindle apps for the iPhone, Android, iPad, Blackberry, PC and Mac. Another popular e-reader is Barnes & Noble’s Nook device (http://j.mp/3a8PDo), with a black and white model for $149 and a recentlyreleased color version—a huge development in e-readers—for $249. Whether you read books on your iPad, a Kindle or Nook, or some other reader, you owe it to yourself to try out these great gadgets.

Finally, a look at some cool tools for watching television. A horde of new devices assaulting the market aim to give you a cheaper, Internet-based television experience. With products like Apple TV (http://j.mp/9hJy6), Google TV (http://j. mp/9dbkuo), the Roku box (http://j.mp/ dkYjyF) and the Boxee Box (http://j.mp/ ddVoFb), you can stream Netflix, watch movies or your favorite television shows, play with social networking apps, and listen to your favorite music—with only an Internet connection. These boxes range in price from $59-$199, and are sure to be favorites this holiday season.

But don’t take my word for it—go out and try these gadgets yourself. And no matter whether you find yourself buying a new tech toy this year, or sticking with the toys you already have, be sure to have a safe and HN joyous holiday season.

Tom Mighell is a Senior Consultant with Contoural, a company that provides records management e-discovery services to corporations.

He is also a self-confessed gadget addict. He can be reached at tmighell@gmail.com.

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Dal l as Bar A ssoci ati on l Headnotes 11

State Bar President’s Update

by Terry Tottenham

One of the highlights of my year as president has been the opportunity to roll out Texas Lawyers for Texas Veterans (TLTV), an initiative to provide basic legal services to the brave men and women who have served in our armed forces. As I’ve traveled the state, I have had the pleasure of meeting and talking with Texans of all stripes—lawyers, veterans and their family members, agency officials and service providers. Across the board, the response to TLTV has been amazing.

Texas lawyers have embraced the opportunity to provide pro bono legal advice to veterans who cannot afford or do not have access to the legal services they need and deserve. TLTV Chairs Dan King, Jo Ann Merica and Travis Sales have shown exceptional leadership. In November, in commemoration of Veterans Day, local bar associations across the state conducted veterans legal clinics, from El Paso to Houston, from San Antonio and Austin to Dallas and Fort Worth. As a lawyer who served in the U.S. Marine Corps, I am proud of the Texas legal profession’s commitment to our veterans.

I am especially proud of the Dallas legal community, which has been involved in this initiative from the beginning thanks to the hard work of Dallas attorneys Michael Regitz and Dan Scott,

Dallas Volunteer Attorney Program (DVAP) Director Alicia Hernandez and Managing Attorney Michelle Alden, and a host of volunteers who have made the Dallas clinics so successful. Thank you for your tremendous support of TLTV. If you would like to volunteer for a veteran’s legal clinic or to take on a pro bono case to assist a veteran, please contact DVAP at (214) 243-2243.

Practicing Law and Wellness

Most lawyers lead hectic lives. During the holidays, our stress levels may rise even more as we try to balance work, family and the many social commitments attendant with the season. For lawyers struggling with depression, anxiety, addiction or financial problems, these day-today pressures can seem overwhelming or insurmountable. To help our colleagues who are struggling with these issues, we have developed a three-pronged wellness initiative, chaired by Berry Crowley, which focuses on practical solutions to help reduce stress and anxiety.

First, the State Bar has created a video to increase awareness about the strategies available for dealing with anxiety, addiction and depression. Practicing Law and Wellness: Modern Strategies for Lawyers Dealing with Anxiety, Addiction and Depression is now available on DVD from the Texas Lawyers’ Assistance Program.

The video serves as a companion to Prac-

ticing from the Shadows: Depression and the Legal Profession, a video produced by my friend Martha Dickie during her term as State Bar President. To request a copy of one or both videos, visit www.texasbar. com/tlap or call (800) 343-TLAP. Second, thanks to the support of TexasBarCLE, we are providing a live speaker and up to an hour of ethics CLE on wellness issues at all advanced CLE courses.

Finally, we are raising funds for the Pat Sheeran and Michael J. Crowley Terry Tottenham Memorial Trust, which provides much-needed financial assistance to colleagues who have committed to undertake the necessary treatment and counseling to once again become positive and productive members of our communities and our profession.

To assist unemployed and underemployed lawyers, the State Bar is providing a series of free, one-hour webcasts through TexasBarCLE. The “Practice Tips in Good Times and Bad” series offers practical advice on building your law practice,

job search skills such as networking, and ways to have a more economical practice during this tough economy. Visit www. texasbarcle.com to learn more or to register for a webcast.

Referendum on the Disciplinary Rules

For the past year, the State Bar of Texas has been reviewing and gathering input on proposed amendments to the Texas Disciplinary Rules of Professional Conduct (TDRPC). We are honored that the Supreme Court of Texas asked the Board of Directors for its recommendations. On November 5, 2010, the Board approved final recommendations to the Court. The Board also requested that the Court authorize the State Bar to conduct a referendum of all Texas lawyers on the proposed TDRPC amendments. The Board has proposed a referendum that would start in mid-January 2011 and run through mid-February. As of this writing, the Court had not expressed its intentions.

If the Court orders a referendum, the Board is committed to ensuring that all members are educated about the proposed Rules and the effect they would have on lawyers and the clients we serve. For more information, please visit texasbar.com/rulesupdate or email HN rcantu@texasbar.com.

Declaration: The Nine Tumultuous Weeks When America Became Independent

by Dee Tagliavia

In the final chapter of Declaration, William Hogeland summarizes the political machinations that occurred during the nine week period from May 1 to July 4, 1776, which culminated in this country’s independence. His summary underscores two misconceptions that would become a source of worry and envy for John Adams in his later years.

The first is the mistaken notion that the legally salient act of independence occurred on July 4 upon the adoption by the Continental Congress of an edited version of Thomas Jefferson’s Declaration of Independence. Rather, the legally significant act was the adoption by Congress on July 2 of Richard Henry Lee’s resolution proposing independence.

Also mistaken, according to Hogeland’s account, is the notion that the Declaration of Independence is itself a

legal document, “a means to” independence rather than an explanation of the rationale for independence.

Mr. Hogeland describes himself as an independent historian. The fact that multiple independence days emerge in Declaration certainly attests to the absence of orthodoxy—as does Mr. Hogeland’s treatment of egalitarianism. Interwoven throughout his story of independence is the tale of a clash of fundamental concepts of liberty among the forces that brought about independence.

While the immediate aim of independence was to resolve the disparate notions of government between Britain and her colonies, the colonists themselves held strikingly different views that should sound alarmingly familiar to contemporary readers. Hogeland reveals the role of elements in colonial society that conceived of liberty as social equal-

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ity and whose participation in the movement for independence, especially in Pennsylvania, was pivotal to the defeat of colonial “reconciliationists.” This focus sheds a very interesting light upon some of the issues that have us warring among ourselves today about the country’s direction and the proper attributes of government.

Finally, Declaration is well worth a read if for no other reason than its striking revelation of the political savvy of the principal and many lesser-known, but critical, actors in the achievement of our country’s independence.

Declaration is published by Simon & Schuster, New York. More about the author can be found at www.william HN hogeland.com.

Dee Tagliavia is a tax attorney admitted to both the Texas and D.C. Bars and is a member of the DBA Legal History Group.

She can be reached at dtagliavia@msn.com.

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

Focus

D ecem ber 2010

Sports & Entertainment Law

Get Ready for the Super Bowl

by Ramez Shamieh

As anticipation and excitement grows for the first-ever NFL Super Bowl to be played in the North Texas area, the Dallas/Fort Worth legal community is bracing itself for a potentially huge financial impact that could affect our economy for years to come. According to an economic impact study conducted by Marketing Information Masters, Inc., the economic benefit to North Texas will be in excess of $612 million. Jerry Jones, owner of the Dallas Cowboys, spoke about the positive impact of hosting this event: “[T]he 2011 Super Bowl is not just a football game. It is an opportunity to showcase the North Texas community to the entire world for many years to come.”

The Super Bowl will bring business leaders from various fields to the North Texas area. Specifically, the majority of Fortune 500 companies will be represented at the Super Bowl. Approximately

147,000 out-of-state travelers are scheduled to visit North Texas for the Super Bowl.

Among those visitors, 62 percent of Super Bowl attendees are corporate decision-makers, and 70 percent of those decision-makers would consider holding future meetings or conferences in the Super Bowl host city because of the positive experience associated with the game and city. Most surprising, of the 70 percent of decision-makers attending the game, 29 percent would consider establishing future business operations in the host city area. An additional 20 corporations will hold business meetings in North Texas before the game simply because it is the new Super Bowl site.

With respect to the creation of jobs, the Super Bowl may directly be responsible for adding as many as 2,000 new jobs to the North Texas area. North Texas attorneys will have the opportunity to develop relationships with business, entertain-

ment, and sports executives from around the country, if not the world.

The previous Super Bowl host cities have seen an increase in litigation and transactional cases. With the substantial influx of businesses and travelers to North Texas, the potential liabilities for business disputes, intellectual property violations, and personal injury claims will increase, not to mention the need for attorneys handling real estate transactions, corporate transactions, employment issues, and construction claims related to the Super Bowl. The courts, as well as lawyers, will need to prepare for an increase in Super Bowl-related disputes due to the increase in claims.

The Super Bowl could serve as an important and valued marketing tool for law firms while enriching the lives of others. North Texas attorneys seeking firm visibility and recognition can volunteer for several community activities associated with the Super Bowl.

Larry McCoy, Chief Financial Officer of the North Texas Super Bowl XLV Host Committee, stated: “[T]here is a great opportunity for attorneys to give back to the less fortunate and also reap the benefits of community service with a sense of civic pride.” The Host Committee has also partnered with Big Thought to create the Youth Education Town Center for underprivileged children to receive educational assistance.

As with any business, preparation and community involvement can help your law firm get an early track on developing new business and clients. North Texas attorneys are encouraged to volunteer and anyone interested in volunteering with Super Bowl related organizations can contact the Host Committee at (214) 252-5100 or by visiting www.northtexassuperbowl.com/volunteers HN for additional information.

pay promptly and retain your services immediately.

ing credit cards through the LawPay Merchant program. If you are currently accepting credit cards, we encourage you to compare your current processor with the Dallas Bar Association.

Ramez Shamieh is an associate at McCathern Mooty Hyde & Grinke. He can be reached at ramez@mccathernlaw.com.

Attract Clients—Use LawPay We are excited to announce the Law Firm Merchant Account, a member benefit of the Dallas Bar Association, has changed its name to LawPay! You can still count on them to provide the same outstanding service. Take a moment to look at their new and improved website at www.LawPay.com.

The LawPay Program is still the only payment solution recommended by more than 60 state and local bar associations because it complies with ABA and state requirements for managing client funds.

Unlike traditional merchant accounts, it

correctly handles earned and unearned fees. Thus, you can accept credit and debit card payments from your clients for services rendered or retainers.

In addition, with a LawPay Merchant Account you can: 1. Attract Clients Payment by credit card is an increasingly popular payment option for attorneys. Accepting credit cards draws clients to your law practice and helps you acquire new business. The ability to accept credit cards allows clients to

2. Improve Cash Flow A LawPay Merchant Account helps your bottom line. Credit acceptance is a powerful draw for new clients. Plus, the added convenience means you can accept payments in person, over the phone or as an added option on invoices.

3. Save Time A LawPay Merchant Account streamlines accounting and reduces the time your staff spends monitoring and managing your trust and operating accounts.

Requiring a credit card up-front avoids the hassle of “no pay” clients altogether.

While offering a credit payment option on past due invoices, it reduces the need for collections.

4. Save Money Through the Dallas Bar Association benefit program, members save up to 25 percent off processing fees by accept-

To learn more about Dallas Bar member benefit, LawPay, visit www.affiniscape.com/DallasBar or call (866) 376-0950.

About the LawPay Merchant Account

LawPay is a credit card processing program designed to meet the unique payment needs of attorneys. LawPay correctly separates earned and unearned fees to avoid potential commingling of client funds. LawPay is approved and recommended by 23 state bars and 41 local and county bar associations as the most professional and correct way to HN accept credit cards.

LawPay is a brand of the AffiniPay, LLC.

De c e mb e r 2 0 1 0

Focus

Dal l as Bar A ssoci ati on l Headnotes 13

Sports & Entertainment Law

Coming to a Theater Near You: From Script to Screen

by Sally Helppie

Movies are an important part of the entertainment landscape, and lawyers play key roles in their creation. But many of us never think about how movies reach the screen.

Who Wrote That?

Playwrights’ words are protected and cannot be changed without their consent. Screenwriters, on the other hand, get rewritten all the time. Under Writers Guild of America (WGA) Rules, the “written by” credit for a feature film is the second to the last credit in the main titles (with the “directed by” credit being last). Where more than one writer is listed, an “&” means the writers are writing partners. “And” means later writers rewrote the first.

Scripts can be originals, adaptations or works for hire, often with multiple layers of copyright ownership and licensing. Scripts typically are optioned first, and options and scripts can be transferred multiple times. Lawyers “clear” scripts by investigating and documenting the chain of title, as well as the necessary agreements and releases to use protected material. Without a clear chain of title, a finished film cannot easily get E&O insurance coverage and, thus, cannot get commercial distribution.

How is a Film Made From a Script?

There is a linear time period for moviemaking: development, pre-production, principal photography and post-production, all followed by distribution. At each stage, lawyers negotiate and draft appropriate contracts and union agreements.

During development, a script is acquired or commissioned and certain key elements (including an initial budget and funding plan) are put into place.

When pre-production officially begins, the production company takes all the necessary steps to begin shooting: hires the cast and crew, scouts locations, creates a shooting schedule and rents trucks and equipment.

Principal photography starts when the director calls “Action!” for the first time.

The director typically is in charge of the set, but the main producer is responsible for ensuring principal photography is completed on time and on budget—on occasion overruling a director’s desires.

Layers of insurance and, sometimes, completion bonds are used to lower the inherent risks.

Once the print is “in the can” (or loaded onto hard drives when shooting digitally), post-production takes off.

During this stage, the footage is edited and “locked” into a final picture. The movie is color-corrected, and the sound

SoundExchange Continued from Page 1

largest source of digital revenue in the music business after iTunes. The largest part of SoundExchange’s revenue comes from licenses issued to XM Radio and Sirius, with Pandora and other Internet broadcasters accounting for the remainder.

Because the performance right for copyrighted sound recordings only applies to digital transmission, traditional broadcast radio and public business establishments (restaurants and retail) do not have to pay a royalty for use of the sound recordings.

This is unlike compositions, for which ASCAP and BMI issue licenses and collect royalties. It is a significant difference because most songs receive the majority of their public performance on traditional radio and in retail, restaurants, bars and clubs. A bill called the Performance Rights Act introduced in Congress is intended to remedy the difference between the exploitation of copyrighted sound recordings and compositions, as well as the difference between the United States and Europe’s treatment of sound recordings. The Performance Rights Act seeks to expand the royalty for public performances of copyrighted sound recordings to cover

terrestrial broadcasts, such as AM/FM radio. The Performance Rights Act is supported by the SRCO and major records labels, and opposed by broadcast radio operators.

Aside from additional revenue to SRCOs and performing artists from broadcast radio for the exploitation of sound recordings, passage of the Performance Rights Act will likely mean a windfall of revenue from Europe for U.S.-based SRCOs and performing artists. The European performing rights organizations already collect a royalty for radio broadcasts of sound recordings in Europe. But, because European SRCOs and artists are not paid for use of their sound recordings in the United States, the European agencies do not remit the amounts they collect that are attributable to U.S. SRCOs and artists for the use of sound recordings in Europe. The amount of money that could be remitted to U.S. artists and labels from Europe is unknown, but would at least partially stem the flow of lost revenue currently racking the HN music industry.

Craig Crafton is an associate at Cozen O’Connor, 2010 Chair of the Dallas Sports and Entertainment Law Section and Treasurer of the Texas Sports and Entertainment Law Section. He can be reached at ccrafton@cozen.com.

Justinian Award Nominations Due Soon The 29th Annual Justinian Award will be presented April 27 at the Belo Mansion.

Keynote speaker: Hon. Wallace Jefferson, Chief Justice, Texas Supreme Court. MCLE 1.00 (pending) Nominations must be submitted no later than January 10, 2010.

Nomination forms can be found at www.dallaslawyersauxiliary.org.

design team creates background noises and effects; dialogue may be replaced or enhanced; music is added; visual effects and titles are inserted. Post-production can take longer than principal photography.

How a Film Gets to the Big Screen

Distribution deals can occur at any step. Rights are licensed for foreign and domestic markets. Foreign sales agencies typically handle distribution of independent features outside North America.

Foreign sales agents are not distributors per se. Rather, they license rights to their regional customers, who then market and distribute the film to the ultimate viewers.

Within the markets, rights to a completed movie can be sold as a group or individually (including theatrical, free TV, pay TV, DVD, Video on Demand, streaming, etc.). Separating rights among multiple companies precludes cross-collateralization of revenues, but a downside is that marketing is not as easily coordinated.

Of the thousands of feature films completed each year, few reach the big screen, and some never see the light of day on any platform. The conventional wisdom is that theatrical releases are money-losers. While the costs for “P&A” (prints

and advertising) do sometimes exceed production budgets, theatrical releases generate interest and, thus, income from foreign and ancillary platforms. Revenues can flow for decades.

The Hollywood “major” and “minor” studios distribute most movies that get wide releases, but some filmmakers distribute their own independent films, skipping the “middlemen” and generating greater returns. A filmmaker may even take on one platform as a do-it-yourself (DIY) path while licensing the remaining rights to others.

Some DIY filmmakers set up theatrical releases like a studio might release an “art house” movie—starting small and building an audience through word of mouth.

A producer can “four wall” a movie by renting the four walls of a movie theater for a set price, then retaining all the money from ticket sales. Alternatively, a producer may contract with a commercial theater for a specific engagement period, splitting the revenues.

In the latter case, the theaters want to be assured that sufficient local marketing and advertising will be conducted. They don’t much care what is on the screen; they just want seats filled (and people buy HN ing popcorn and soft drinks).

Sally Helppie heads the Entertainment Law practice at Tipton Jones and is an award-winning feature film producer. She can be reached at shelppie@tiptonjoneslaw.com.

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

In the News

D ecem ber 2010

December

FROM THE DAIS

Byron Egan, of Jackson Walker L.L.P., spoke at the 7th Annual Institute on Corporate, Securities and Related Aspects of Mergers and Acquisitions.

Sally Helppie, of Tipton Jones, spoke at the 20th annual Entertainment Law Institute.

William O. Holston Jr., of Sullivan & Holston, spoke during the City of Dallas Idea Week, Pecha Kucha at the Wylie Theatre and at the Texas Diocesan Attorneys Fall Conference In Austin. Dennis Sullivan, also of the firm, participated in a Legal Defense Practice workshop sponsored by The National Catholic Risk Retention Group in Austin.

John Slavich, of Guida, Slavich & Flores, P.C., spoke to the Houston Bar Association Real Estate Section.

Phil C. Appenzeller, Jr., of Munsch Hardt Kopf & Harr, P.C., spoke at a live web seminar.

KUDOS

Fred Gaona III, of Spencer Crain Cubbage Healy & McNamara, PLLC, has been named co-chair of the Texas Minority Counsel Program for 2011 and 2012.

James H. “Blackie” Holmes, III, of Burford

& Ryburn, L.L.P., has been selected the first recipient of the Civil Justice Preservation Award by the Texas Association of Defense Counsel to honor an individual who has served to protect and preserve the civil justice system in Texas.

Carolyn Mitchell, of Greenberg Traurig LLP, has been appointed to the board of directors of the National Foundation for Transplants.

Adam W. Vanek, of Nowak & Stauch, LLP, has been elected President of the Texas Junior Chamber of Commerce.

Kenneth C. Johnston, of Kane Russell Coleman & Logan PC, has been elected to The American Law Institute.

Kathryn J. Murphy, of Goranson, Bain, Larsen, Greenwald, Maultsby & Murphy, PLLC, has been selected president of The Texas Chapter of the American Academy of Matrimonial Lawyers for 2010-2011.

Paul S. Leslie, of Taber Estes Thorne & Carr PLLC, has been named interim general counsel for the Parkland Health & Hospital System in Dallas.

Brian P. Lauten, of Sawicki & Lauten, LLP, and Charla Aldous, of the Aldous Law Firm, were recognized by the Dallas Trial Lawyers

Mock Trial Competition Judges Wanted The Texas High School Mock Trial Competitions in Jan., Feb., and Mar. 2011 are in need of attorneys to help critique.

Teams are from DISD, Region 10 and across the State.

Variety of dates available. Earn self-study CLE credit.

Sign-up online at www.dallasbar.org/thsmtc or contact Amy Smith at asmith@dallasbar.org.

Association for the John Howie Award for “Courage in the Face of Adversity” in their joint representation of Dr. Naiel Nassar in a 3.6 million dollar jury verdict in federal court for race and religious discrimination against UT Southwestern Medical Center. Mr. Lauten was also inducted into the Dallas Chapter of the American Board of Trial Advocates.

Mark K. Sales has joined Dykema in the Litigation Department.

Grover Hartt, III, of the U.S. Department of Justice Tax Division, received the John Marshall Award from Attorney General Eric Holder in Washington, D.C. The Award is the Department of Justice’s highest award for excellence in litigation.

Christopher J. Simmons has joined Gruber Hurst Johansen & Hail, LLP, as an Associate.

Christopher J. Moser and Gregory K. Winslett have been named Partners of the firm of Quilling, Selander, Lownds, Winslett & Moser, P.C., formerly Quilling, Selander, Cummiskey & Lownds, P.C.

Maricela Siewczynski has joined FarrowGillespie & Heath LLP as a Partner.

Lawrence G. Newman, of Newman Law Firm, P.C., has been elected to the American Law Institute.

Wilson G. Jones has joined Thompson & Knight LLP as Partner.

ON THE MOVE

Mary Jean Geroulo and Linda M. Stimmel have joined Wilson, Elser, Moskowitz, Edelman & Dicker, L.L.P. as Partners in the firm.

During the past two months, your DBA has been highlighted in the following media:

ABA Facebook page: DBA Pro Bono Week events Arlington Star-Telegram: Appealing to the Public Coppell Gazette: Legalline Country World News: DBA dBusinessNews.com: Philbin Awards, DVAP Veterans Clinic, Justice Lang speaks at Texas Tech

APPELLATE

OPINIONS — AVA I L A B L E D A I LY ON T E X A S L AW Y E R .C OM Click on “Daily Case Alert” to see the most recent case law or click on “Appellate Court Opinions” to search by practice area.

Jennifer D. Henry has joined Houlihan Lokey in the Dallas office.

Mark S. Senter has joined Cowles & Thompson, P.C. as a Shareholder.

News items regarding current members of the Dallas Bar Association are included in Headnotes as space permits. Please send your announcements to Judi Smalling at jsmalling@dallasbar.org.

NBC online: Legalline

North Dallas Gazette: Frank Branson Trial Lawyer of the Year Onlineprnews.com: Frank Trial Lawyer of the Year Park Cities Forum

blog:

Branson

DA Candidate

Pegasus News: DA Candidate Forum; Appealing to the Public Plano Star Courier: DBA President Ike Vanden Eykel, DVAP

Dallas Business Journal Public Eye section: Philbin Awards

Post Tribune: DA Candidate Forum announcement

Dallas Examiner: Pro Bono Week

State Bar of Texas Newspapersclips. com: Pro Bono Week, Appealing to the Public, DBA honors Veterans Day, Pro Bono Awards

Denton Record-Chronicle: DBA President Ike Vanden Eykel

L ATE ST

James R. Schnurr has joined Brown & Hofmeister, L.L.P. as an Associate.

. . . . . . DBA In the News . . . . . .

Dallas Morning News: Philbin Awards, DBA President Ike Vanden Eykel, Appealing to the Public, Pro Bono Week, Pro Bono Awards, DVAP Veterans events

THE

Stephen Cockerham has joined Brown McCarroll, L.L.P. as Partner.

SMU Law Alumni Magazine: DBA President-Elect Barry Sorrels South Dallas News: Pro Bono Week

Ft. Worth Magazine: DBA President Ike Vanden Eykel

Texas Bar Journal: Amachi Program

KERA radio: DA Candidate Forum coverage

Texasbar.com: Veterans Legal Clinic

TexasBarBlog: DVAP/Pro Bono Week

Mesquite News: Legalline, DA Candidate Forum announcement

USPRwire.com: Frank Branson Trial Lawyer of the Year

NBC Channel 5 News: DA Candidate Forum coverage

White Rock Neighbors: DVAP booth at health clinic

New Parking Rate in Belo Garage Ten years ago the DBA began the process of seriously exploring how to expand our Belo facility to meet the needs of our rapidly growing membership. As part of that process, we would ask our members what they perceived our greatest needs to be and the response was typically singular, PARKING. With very limited land available, the only solution to satisfy that unanimous request was to construct our underground parking garage, which was completed in 2003 at a cost of $4,700,000— or $19,000 PER SPACE!!!

We were also aware that there would be significant costs associated with the safe, clean and efficient operation of the garage once it was completed. As a result, the decision was made to have a minimal parking fee for our members of $3 per visit, regardless of how long the member would be at the facility. Over the last seven years that fee has never been raised, but our expenses and costs of operation have increased significantly. As just one example, all of us who pay an electric bill each month are painfully aware that

the cost of electricity has almost doubled in the last seven years. What most people never focus on is that an underground, 100,000-square foot garage, with three elevators, high-wattage security lighting and a sophisticated exhaust system, takes a lot of power to operate. Last year, the garage electric bill alone was $75,000—that’s $300 per space annually, compared to $40,000 or $160 per space seven years ago!

As a result, the time has come for us to face this reality and adjust our parking rates accordingly in order to maintain the level of security and quality service we all expect from the Belo facility. Starting January 1, 2011, our member parking rate will adjust to $4 per visit.

However, if you are really attached to that $3 rate, we will be selling $30 parking coupon books good for 10 visits throughout 2011.

Thanks for your understanding as we all continue to keep the Belo Mansion and Pavilion at the gem quality we, and the Dallas community, have and will continue to HN enjoy for decades to come.

De c e mb e r 2 0 1 0

Classifieds

Dal l as Bar A ssoci ati on l Headnotes 15

December

OFFICE SPACE

Seven offices available for rent in our historic West End building. Five upstairs offices rent at $750 each and two downstairs offices are $650 per month each. All offices can rent individually or as a package.

Contact Craig Miley at (214)692-8800 or craig@mileybrown.com.

Northpark/Central Expwy—Law firm has “turnkey” office for sublease in Class A building for $1200. Includes use of office furniture (if needed), telephone, high-speed DSL, fax line, parking, and large conference room and kitchen. Great location with downtown and Park Cities views, excellent finish out with hardwoods in lobby, elevator exposure, and easy access to/from Central Expwy. Call (214) 292-4202.

High-rise views at low-rise rates. Panoramic views from 63rd floor. Class-A downtown space close to courthouse, AV-rated law firm. Access to large conference room, library, kitchen. Secretarial, clerical, reception available. Offices available with very nice secretarial stations. Negotiable. Call Kay (214) 761-6463.

Offices and Cubicle Available. Law firm has 3 offices and cubicle for sublease in Class A Turtle Creek Office Building. One office is a double office with hardwoods and panoramic view of downtown. Amenities include high speed Internet, fax, postage, and shared common areas - lobby, large conference room, copy room, and kitchen.

Parking garage is attached. Please send inquiries to jfineberg@fineberglaw.com.

Sublease. Huge, beautiful offices in law office in Richardson at Central/Campbell.

Two large window offices - $1000/mo./each; one large interior office - $800/mo.; and one legal assistant area -$600/mo. available. Office environment is quiet and friendly with

new furnishings and updated technology. Receptionist, telephone system, Internet, three conference rooms, two kitchens, free parking with 24-hour access to building. Please e-mail Jennifer Som at Jennifer@baalegal.com or call (214) 570-0700.

North Dallas/Farmers Branch Law Firm has space for one or two more. $400/month, 2nd office discounted. Includes use of furniture, Internet, fax, parking, conference rooms and kitchen. Convenient location. No Lease required. Contact info: (972) 243-5297 or Ilene@texasinjurylaw.com.

No Rent Until Next Year! Preston Tower – 3 offices with shared amenities, as low as $595/mo. (kitchen, conference room, reception area, bathroom). Convenient and accessible. 10 minutes from courthouse. Call (214) 369-1171 or email herbhooks@aol.com.

Office space available within small real estate law firm located at 4054 McKinney Avenue.

Shared conference and break room, furniture, copier, DSL & phone equipment are available if needed. No long term commitment and a total monthly rate of $550.00.

For inquiry, please call (214) 520-0600.

Attorney sublease in downtown Dallas business law firm. Easy freeway access, great views and free parking. $16.75 sq ft (tracks primary lease). Inquiries to: Dallas Bar Association, Box 10-10A, 2101 Ross Avenue, Dallas, TX 75201.

POSITION AVAILABLE

Well established North Dallas Law firm seeks an experienced BILINGUAL (Spanish/English) family law attorney with a minimum of five years’ experience. Please forward resume and salary requirements to tmiller@legalcpa.com.

Dallas area Firm seeking a lawyer with at least four years’ experience practicing family law. Medical and Dental Benefits available.

Please forward salary requirements and resume to familylawyerjob@yahoo.com.

27-attorney downtown Dallas firm seeks corporate/transactional associate with 2-5

years private practice experience in business acquisitions and divestitures, private offerings of securities, contract drafting and negotiation, and general corporate work.

Strong academic history is required. Please send resume to Hallett & Perrin, P.C., Attn: Recruiting Coordinator, 2001 Bryan Street, Suite 3900, Dallas, TX 75201 or to sgay@hallettperrin.com.

Medium size AV rated downtown Dallas law firm seeks partner level business lawyer with varied corporate law experience. Candidate must have some portable business. Respond to Dallas Bar Association, Box 11–10B, 2101 Ross Avenue, Dallas, TX 75201.

Oak Lawn firm seeks experienced civil litigation attorney with business and construction litigation experience. Requirements include minimum five years’ experience.

This is a nuts and bolts trial position requiring excellent writing and advocacy skills, demonstrated leadership skills, and record of stability in prior positions. Knowledge of family law and bankruptcy is desirable. Firm offers competitive compensation package and first-rate office environment. This is an excellent opportunity for the right attorney.

Respond to Dallas Bar Association, Box 1210A, 2101 Ross Ave., Dallas TX 75201.

Dallas Associate Position. Established 30+ attorney firm seeking attorney with 2-4 years of judicial clerkship, civil litigation, or insurance related experience. Primary case load will consist of insurance coverage litigation, civil appeals, and preparing coverage opinions. Young firm with offices throughout Texas offers associates substantial responsibility in a congenial work environment at a competitive compensation level and good benefits. Strong research, writing, and advocacy skills a must. Please forward resume and references to hr_lawfirm@yahoo.com.

Paralegal/Secretary Needed P/T. Northeast Dallas area one-man law firm needs part-time paralegal/ legal secretary with at least 3-5 years’ experience in litigation (training is not available). Candidate will assist providing case management, including research, discovery, client contact, document preparation based on client input, preparation of a wide range

of legal documents, assisting in preparing for hearings and trial, and answering phones, as well as calendaring, scheduling and coordinating telephone conferences, meetings, appointments, and court appearances. Candidate must have ability to multitask, have excellent organizational and word processing skills (Word & WordPerfect required), be dependable, resourceful, detail-oriented, and work independently with little supervision.

Work hours will depend on candidate’s as well as law firm’s needs. Forward inquiries and resume to lynn.lotes@sbcglobal.net.

Well established Texas law firm with offices throughout the state seeks commercial litigators and transactional attorneys, or practice groups, with 10+ years of experience. These positions are located principally in our Dallas and Houston offices. Mail resume, in confidence, to D Loyd Legal Recruiting, P.O. Box 251, Addison, Texas 75001, or e-mail your response to dloyd@dloydlegalrecruiting.com.

SERVICES

Mexican Law Expert – Attorney, law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues - forum non conveniens, Mexican claims/defenses, personal injury, moral damages, Mexican contract law. Co-author, leading treatise in field. J.D., Harvard Law. David Lopez (210) 222-9494 / dlopez@pulmanlaw.com.

Bookkeeping Exclusive To Your Firm. Dallas, TX Can work with you 2-4 hours a week or once or twice a month, keeping up with your accounting, payroll and general firm bookkeeping. First-rate references from other local firms, excellent history with banking, payroll, general accounting with Quickbooks.

Email jajacobs3@verizon.net.

Free Credit Hour MCLE (includes 0.5 hours Ethics) –“The Strategies and Ethics of Medicaid Estate Planning and Asset Protection.”

Thursday, December 2, 2010. Noon – 1:00 PM. Haynes & Boone Hall. Registration 11:30 –11:55 AM. Contact information: David Yates – david@MedicaidPlanningPartners.com.

Place Your Ad Here! For affordable classified advertising rates call Judi Smalling at (214) 220-7452.

Wine Cork Pull Fundraiser for DVAP

We need your tax-deductible donations!

The DBA will hold its 2nd Annual Wine Cork Pull at the Inaugural Dinner-Dance honoring incoming President Barry Sorrels and we need your donations.

What’s needed? A selection of all types and values of wine (750ml bottles) When do you need it? By Friday, Dec. 3

Exclusive low rates that weigh in your favor...

The State Bar of Texas Insurance Trust specializes in helping all Bar Members and their Eligible Employees obtain complete insurance coverage at any point in their lives. From Health Insurance to Long Term Disability Insurance, the Trust has you covered.

State Bar of Texas Insurance Trust

800.460.7248 www.sbotit.com

Who do I send it to? Rhonda Thornton at the DBA. E-mail rthornton@dallasbar.org or call (214) 220-7403.

DBA PARKING RATES GO TO $4 BUT YOU CAN PAY ONLY $3

Effective January 1, 2011, member parking at Belo will be $4.00. However, members may purchase a coupon book of 10 coupons for $30. Coupons are good through December 31, 2011, and may be purchased through the garage parking attendant or the Belo Mansion cashier on the first floor. Coupons must be used to exit the garage at the $3 rate, otherwise members must pay the $4 rate.

You Are Invited!

IOLTA Prime Partners “Banking on Justice”

The Dallas Bar Association Construction Law Section will host a holiday reception on Thursday, December 9, from 5:30 to 7:30 p.m. at the Belo.

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.

Join the Dallas Lawyers Auxiliary at the following events:

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.

DBA Family Holiday Party Volunteers Needed December 13, 6 to 8 p.m.

Volunteers are needed to be face painters or to apply rub-on tattoos.

Contact Lori Alexander at (214) 522-6465 or at loribebop@msn.com.

General Meeting Wednesday, January 19, 11 a.m. Hermes—21 Highland Park Village. Lunch $25.

To reserve your place, contact Therese Rourk at thereserourk@yahoo.com.If you are interested in helping contact Lori Alexander at (214) 522-6465 or at loribebop@msn.com.

To learn more about DLA, contact Joan Nye at (214) 460-1096 or at joannye@sbcglobal.net.

16 H e a d n o t e s l D a l l a s B a r A s s o ciationâ€

D ecem ber 2010