Dallas Bar Association
HEADNOTES
Focus Health Law/Employee Benefits
January 2012 Volume 37 Number 1
Paul K. Stafford, 2012 President Dr. Walter Sutton to Receive of the Dallas Bar Association 2012 MLK Justice Award by Timothy G. Ackermann
Paul K. Stafford will be inaugurated on January 21, 2012, as the 103rd President of the Dallas Bar Association at the annual Inaugural Dinner-Dance. Mr. Stafford took the reins of our nearly-11,000 member organization on January 1. Mr. Stafford has enjoyed practicing in a variety of environments and types of law—a variety giving him great perspective in leading an organization as diverse as the Dallas Bar Association. He first practiced law, after graduating from the Texas Tech School of Law in 1994, as an Assistant District Attorney in Denton County, and then in Dallas County. In Dallas, he served as a felony prosecutor, but later changed his practice to general civil litigation. As a civil litigator, he began practicing at Amis & Bell in Arlington in 1998 and later joined Werstein, Smith & Wilson. From 2004 until forming his own firm in 2008, he practiced with Hughes & Luce LLP (now K&L Gates LLP). Mr. Stafford is now the proprietor of The Stafford Law Firm, which focuses on complex commercial litigation, business litigation, and insurance litigation, as well as labor & employment matters. Mr. Stafford grew up in Prairie View, Texas, as the youngest of five children. He graduated from Waller High School as salutatorian, and lettered in football, tennis and band. He then attended Texas A&M University, earning a B.S. in Political Science in 1990. At A&M, Stafford received the President’s Achievement Award and the Former Students Association Buck Weirus Spirit Award. He was also a Distinguished Student, was active in the Student Government, founded an annual student leadership conference, and served as Secretary of his fraternity— Alpha Phi Alpha. During law school at Texas Tech, he was a founder of the Black Law Students Association, a member of the Board of Barristers, and was RunnerUp for the Martin Luther King, Jr. Civil Rights Award. Paul left law school hoping to become a successful litigator with criminal and civil experience. Mr. Stafford is proud that, in addition to reaching several of his professional goals, he has been invited by his alma mater to teach as an Adjunct Professor. Over the years, he has taught Insurance Law, Trial Advocacy and Interviewing & Counseling. In 2007, the Black Law Students Association, an organization he helped establish at Tech Law in 1991, named him as an Outstanding Alumnus. Stafford’s litigation experience has afforded him the chance to try over 200 jury trials over the years, and his experience, both as a prosecutor and in his current practice, has brought him plaudits. He was recognized as
by Vincent J. Allen
Paul K. Stafford
a “Texas Super Lawyer” in 2009, 2010 and 2011, and as a Texas Rising Star several times before that. Eclipse Magazine named him one of its “Eight Most Dynamic Lawyers in Dallas” in 2008. Farmers Insurance Group’s Legal Department also named him its “Trial Horse of the Year” two years running based on the number of cases he tried. Mr. Stafford also has a record of service to the bar and the public. He has served on the Dallas Bar Association’s Board of Directors since 2001, serving as its Chair in 2008, and on the Board of Trustees for the Dallas Bar Foundation since 2005. Before that, he chaired several committees, including Admissions & Membership and Minority Participation. He also headed up the Campaign for Equal Access to Justice in 2007, a year in which the Campaign earned a record-breaking amount. The Dallas Bar has, moreover, recognized Mr. Stafford for his service. He received the 2004 Jo Anna Moreland Outstanding Committee Award for his service as Co-Chair of the Minority Participation Committee. He was also awarded a Dallas Bar Association Presidential Citation for his work with the Brown v. Board of Education 50th Anniversary Commemoration Committee and a Presidential Achievement Award for his work as Chair of the “A Bar For All” bar-assessment committee. And, in 2006, Stafford was the Outstanding Minority Attorney for the Dallas Bar Association. Outside the Dallas Bar Association, Mr. Stafford served as president of the J.L. Turner Legal Association, and has just completed five years of service on the Board of Directors of the Texas A&M University Association of Former Students continued on page 7
For almost 20 years, the Dallas Bar Association has awarded the Martin Luther King, Jr. Justice Award to a leader who demonstrates the values and ideals of Dr. King. This year’s recipient, Dr. Walter L. Sutton, Jr., graduated from law school at a time when law firms in Dallas were not hiring African-Americans because “their clients were not ready for African-American lawyers.” Yet, that did not deter Dr. Sutton from embarking on a successful legal career of 41 years, in many instances becoming the first African-American to hold the position. Dr. Sutton grew up in Marshall, Texas, where he attended segregated schools. He graduated high school at 16 and went to college in Denver, Colorado. Dr. Sutton majored in economics at the University of Denver and was the first African-American to become Student Body Vice President. He initially took a job with Ford Motor Company in Dearborn, Michigan, where he was responsible for the logistics of shipping cars by rail all over the country. While in Michigan, he met a judge from his hometown who suggested that Dr. Sutton consider going to law school part time while he worked at Ford. To that end he attended Wayne State University at night and performed so well during his first year of law school that he was offered a full scholarship to the University of Michigan School of Law. After graduating from law school in 1970, he returned to work at Ford as a staff attorney until 1972, when he moved back to Texas to work as the first African-American in Tenneco Oil Company’s legal department. Shortly thereafter, he was hired by Texas Instruments (TI) in Dallas, and was the first AfricanAmerican lawyer there as well. At the time, he was one of only 12 African-American lawyers in Dallas. While working at TI, Dr. Sutton was tasked with an environmental law issue, which led to his specialization in environmental law. As a result, Dr. Sutton became a pioneer in the field of environmental law. He continued working on various environmental law issues for TI until he left the company in 1988 to complete his coursework for a Ph.D. in Management Science at the University of Texas at Dallas (UTD). Upon graduation in 1989, he became the first African-American to receive a Ph.D. from UTD. Dr. Sutton was then hired by Hughes & Luce to direct the firm’s expansion into the field of environmental law. He was also active as a lobbyist in Austin representing 25 corporate and association clients, including Perot Systems. After leaving Hughes & Luce in 1993, Dr. Sutton went to the Environmental Protection Agency where he became the first African-American to head
Inside 7 New Medical Privacy Law in Texas: What You Need to Know 9 The Benefits of a Healthy Workforce 13 Attorney Responsibilities Under HIPAA
Dr. Walter Sutton
up the regional counsel’s office in Dallas. In 1998, President Bill Clinton appointed him as the Associate Administrator for Policy for the Federal Highway Administration. Two years later, he was appointed Deputy Federal Highway Administrator where he administered a $60 billion budget and managed a national staff of 3,000 employees. After leaving the Federal Highway Administration in 2001, Dr. Sutton became the Chief of Staff/Special Assistant to the President at UTD. There he served the continued on page 14
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
January Events
JANUARY 6-BELO Noon
FRIDAY CLINICS
“Conflicts of Interest and Motions to Disqualify,” Dan Boyd. (MCLE 1.00)*
JANUARY 13-NORTH DALLAS** Noon
Topic Not Yet Available. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Griffith Nixon Davison P.C. RSVP to kzack@dallasbar.org.
JANUARY 20-BELO Noon
“Governance Challenges and Other Hot Topics” Gil Friedlander. (MCLE 1.00)*
MONDAY, JANUARY 2 DBA Offices closed for New Year’s Holiday
TUESDAY, JANUARY 3 Noon
Tax Law Section Topic Not Yet Available
Tort & Insurance Practice Section “Civility Matters,” Judge Jane Boyle, Justice Douglas Lang, Robert H. Mow, Jr., Cheryl Camin Murray and Windle Turley. (Ethics 1.00)* Cosponsored by the Professionalism Committee.
6:00 p.m. DAYL Board of Directors Meeting
WEDNESDAY, JANUARY 4 Noon
Employee Benefits & Executive Compensation Section “2011 Benefits Litigation Review,” James Raborn. (MCLE 1.00)* Solo & Small Firm Section “Appeal Tips for the Non-Appellate Lawyer,” Hon. Elizabeth Lang-Miers. (MCLE 1.00, Ethics 0.25)*
MONDAY, JANUARY 9 Noon
Alternative Dispute Resolution “Workload of the Dallas County Courts and How Mediators Can Help,” Gary Fitzsimmons and John Warren. (MCLE 1.00)*
Real Property Law Section “2012 Annual Real Property Case Update,” David A. Weatherbie. (MCLE 1.00)*
TUESDAY, JANUARY 10 Noon
Business Litigation Section “Security, Pseudo-Patriotism and the Erosion of American Liberties,” Barry Richard. (MCLE 1.00)*
Corporate Counsel Section “2012 Proxy Season Outlook,” James E. O’Bannon and David A. Kern. (MCLE 1.00)*
Mergers & Acquisitions Section “Delaware M&A Law Update,” Mark Morton. (MCLE 1.00)* Entertainment Committee
5:00 p.m. Bankruptcy & Commercial Law Section “Recent Developments: Bankruptcy Decisions,” Judge Harlin D. “Cooter” Hale, Rakhee Patel and Gerrit Pronske. (MCLE 1.00)*
Morris Harrell Professionalism Committee
DAYL Equal Access to Justice Committee
THURSDAY, JANUARY 5
6:00 p.m. Home Project Committee
Construction Law Section “Held Harmless Or Held Up—Legislative Restrictions on Indemnity and Insurance Coverage for Texas Contractors,” Patrick Wielinski. (MCLE 1.00)*
WEDNESDAY, JANUARY 11
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group Noon
Family Law Section Topic Not Yet Available
Family Law Section Board Meeting
Admissions & Membership Committee
DAYL CLE Committee
House Committee
St. Thomas More Society
Judiciary Committee
DAYL Lunch & Learn. For more information, contact cherieh@dayl.com.
FRIDAY, JANUARY 6 Noon
Friday Clinic-Belo “Conflicts of Interest and Motions to Disqualify,” Dan Boyd. (MCLE 1.00)* Government Law Section “Defending Governmental Entities in Whistleblower Actions,” Timothy A. Dunn and Paul K. Pearce, Jr. (MCLE 1.00)*
5:15 p.m. LegalLine—Volunteers welcome. Second floor Belo.
THURSDAY, JANUARY 12 11:30 a.m. DAYL Barristers for Babies Noon
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
Law in the Schools & Community Committee
Publications Committee
Christian Lawyers Fellowship
Dallas Asian American Bar Association
CLE Committee
5:30 p.m. Labor & Employment Law Section “Current Issues in the Labor & Employment Field,” Hon. Royal Furgeson, Hon. Kenneth Molberg and Hon. Emily Tobolowsky. (MCLE 1.00)*
WEDNESDAY, JANUARY 25
3:30 p.m. Board of Directors Meeting
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group
6:00 p.m. J.L. Turner Legal Association
Noon
6:30 p.m. “Diversity, Dinner & Dialogue,” Ron Hall, Felicity Fowler and Robert Jones. The city Club, Dallas. Sponsored by DAYL and TYLA. RSVP to mpalacios@texasbar.com.
Sports & Entertainment Law Section “The State of Film Production and Incentives,”Evan Fitzmaurice. (MCLE 1.00)*
Legal Ethics Committee
Summer Law Intern Program Committee
DVAP New Lawyer Luncheon. For more information, contact reed-brownc@lanwt.org.
FRIDAY, JANUARY 13 Noon
Peer Assistance Committee
Noon
January 2012
Friday Clinic-North Dallas** Topic Not Yet Available. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Griffith Nixon Davison P.C. RSVP to kzack@dallasbar.org. Trial Skills Section “Adventures in Error Preservation,” Rich Phillips and Scott Stolley. (MCLE 1.00)*
MONDAY, JANUARY 16 Noon
Martin Luther King, Jr. Justice Award Luncheon. RSVP to bavina@dallasbar.org.
TUESDAY, JANUARY 17 Noon
Antitrust & Trade Regulation Section “The 2010 Horizontal Merger Guidelines: Comments on Agency Policy and Practice,” Dr. Luke Froeb and Sean Royall. (MCLE 1.00)* International Law Section “The Role of the Export-Import Bank of the United States: Helping Your Clients Grow Their Export Sales,” Michael W. Tankersley, Esq. (MCLE 1.00)*
Community Involvement Committee
DAYL Elder Law Committee
WEDNESDAY, JANUARY 18
5:00 p.m. Transition to Law Practice Program
THURSDAY, JANUARY 26
Noon
Collaborative Law Section “Shall We Dance? Dealing With the Other Party’s Concerns About Collaborative Law,” Melinda Eitzen and Winifred Huff. (MLCE 1.00)* Criminal Law Section Topic Not Yet Available Environmental Law Section “New Interstate Air Emission Regulations,” Suzanne Murray. (MCLE 1.00)* Memorial & History Committee Mentoring Committee
FRIDAY, JANUARY 27
Intellectual Property Law Section “International Trade Secret Protection,” Robert Kantner. (MCLE 1.00)*
Minority Participation Committee “Malpractice Insurance: What Kind of Coverage Do I Need and Why,” Jason Syesta and Jett Hanna. (MCLE 1.00)*
MONDAY, JANUARY 30 Noon
DAYL Solo & Small Firm Committee
TUESDAY, JANUARY 31
Noon
Energy Law Section “Securities Law for Oil and Gas Attorneys,” Harold Loftin. (MCLE 1.00)*
Health Law Section “Stark law, Anti-kickback Statute and the False Claims Act,” Martin Merritt. (MCLE 1.00)*
Law Day Committee
Pro Bono Activities Committee
Public Forum Committee
6:00 p.m. Dallas Hispanic Bar Association
Municipal Justice Bar Association
WEDNESDAY, FEBRUARY 1
Non-Profit Law Study Group
5:15 p.m. LegalLine—Volunteers welcome. Second floor Belo.
THURSDAY, JANUARY 19 Noon
Appellate Law Section “Texas Supreme Court Practice Tips and Preferences,” Justice Don. R. Willett. (MCLE 1.00)*
Media Relations Committee
Minority Participation Committee
Christian Legal Society
Dallas Gay & Lesbian Bar Association
FRIDAY, JANUARY 20 Noon
Friday Clinic-Belo “Governance Challenges and Other Hot Topics” Gil Friedlander. (MCLE 1.00)*
MONDAY, JANUARY 23 Noon
Computer Law Section Topic Not Yet Available
Securities Section “Corporate Governance Issues in Securities Litigation,” Sheryl Hopkins, Esq. (MCLE 1.00)*
Golf Tournament Committee
TUESDAY, JANUARY 24 Noon
Probate, Trusts & Estates Section “Client Capacity: Lawyer’s Duties and Liability,” Erwin Davenport. (Ethics 1.00)*
E-Mentoring Committee
American Immigration Lawyers Association
Noon
Senior Lawyers Committee
DVAP Veterans Benefits CLE “Common Questions That Lawyers Ask After Taking a Veteran’s Case,” Chris Attig. (Ethics 1.50)*. To register, contact perkinsa@lanwt. org or reed-brownc@lanwt.org.
Noon
DAYL Aid to the Homeless Committee
Employee Benefits & Executive Compensation Section Topic Not Yet Available
Solo & Small Firm Section “What Every Attorney Needs to Understand About Business Valuation and Why,” Alan L. Tolmas. (MCLE 1.00)
Juvenile Justice Committee
Public Forum Committee
DAYL Judiciary Committee
5:00 p.m. Bankruptcy & Commercial Law Section Topic Not Yet Available
THURSDAY, FEBRUARY 2
11:00 a.m. Dallas Women Lawyers Association Board Meeting Noon
Construction Law Section Topic Not Yet Available
Family Law Section Board Meeting
Judiciary Committee
Lawyer Referral Service Committee
DAYL CLE Committee
St. Thomas More Society
FRIDAY, FEBRUARY 3 Noon
Friday Clinic-Belo “Law Firm Management Addresses Issues of Mental Health and Substance Abuse Among Firm Attorneys” (Ethics 1.00). Sponsored by the CLE and Peer Assistance Committees.
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.
Janua ry 2 0 1 2
Focus
D al l as Bar A ssoci ati on l Headnotes 3
Health Law/Employee Benefits
Changes to the Corporate Practice of Medicine Doctrine by David Heard
In light of ongoing changes in the health care regulatory landscape caused by the implementation of health care reform and the provisions of the Patient Protection and Affordable Care Act, the health care industry is increasingly focused on how to better coordinate and integrate care between physicians and other health care providers, payors, and other health industry participants. The establishment of any formal or informal relationships between physicians and any of these parties is likely to implicate the Texas doctrine prohibiting the corporate practice of medicine. This doctrine prohibits a wide range of transactions between licensed physicians and general business entities or persons who are not licensed physicians. Among other restrictions, the prohibition generally bans the employment of physicians for the provision of medical care by non-licensed persons and general business entities and may prohibit the direct receipt of any physician professional fees by such persons and entities. The prohibition against the corporate practice of medicine has been maintained in a number of states on the belief that a physician’s medical judgment and ethical duties may be clouded if non-licensed persons exert too much control over the physician’s medical practice. The practical effect of these restrictions has been eroded in most jurisdictions over the years. Texas, however, is one of several states that continues to maintain a broad prohibition against the corporate practice of medicine with limited statutory exceptions for certain physician employment arrangements.
To date, the most widely used statutory exception in Texas is for the employment of physicians by non-profit health corporations that are certified by the Texas Medical Board under Section 162.001(b) of the Texas Occupations Code. These entities are sometimes identified as a “501(a)” entity, which refers to the former statutory section under which these entities were first established. Certified non-profit health care corporations allow non-physician member(s) and physicians to jointly participate in the corporate governance of the corporation, provided that the physicians maintain control over medical decisions and preserve independent medical judgment. During the 2011 Texas legislative session, additional statutory exceptions were enacted that allow physicians to be directly employed by (i) certain rural hospitals, (ii) certain hospital districts and (iii) certain counties for inmate care. To use these new statutory employment exceptions, the employing entity must adopt policies related to credentialing, quality assurance, utilization review, and peer review to ensure that physician employees exercise independent medical judgment when providing care. Certified non-profit physician health corporations must also adopt similar policies to comply with these recent legislative changes by January 1, 2012. Outside of these statutory exceptions, the prohibition against the corporate practice of medicine potentially affects most billing, collection and management arrangements between licensed physicians and non-licensed individuals or general business entities. Due to potential scrutiny by the courts or the Texas Medical Board, parties to a transaction will
want to consider the possible impact of the corporate practice of medicine prohibition on the transaction. If a court determines that an arrangement violates the doctrine and is illegal, the court may order that such arrangement is void. A second potential result of violating the prohibition is that it may subject an implicated physician to disciplinary action by the Texas Medical Board, which regulates physician licensure in Texas. A court’s decision to void transactions due to illegality could produce unpredictable and unintended consequences, and depending on the underlying conduct, the physician may place his or her medical license at risk. Yet another issue that frequently arises in litigation involving corporate practice of medicine issues con-
SAVE THE DATES! SENATE CANDIDATE FORUMS FEBRUARY 2 – 5:30 P.M. FEBRUARY 7 – 5:30 P.M. RSVP to sevans@dallasbar.org. Sponsored by the DBA Public Forum Committee.
cerns the impermissible splitting of physician professional fees or “fee-splitting” with other parties. This may result in additional liability to the physician and the other parties under state and federal laws. Before entering into any transaction involving a physician or physician group, the parties should always consider the effect of the corporate practice of medicine doctrine on the transaction. The parties should take a step back and ensure that the structure as a whole will allow physicians to maintain their independent medical judgment and properly account for any physician professional fees that HN will be received. David Heard is an associate in the Health Care Practice Group of Locke Lord LLP. He can be reached at dheard@lockelord.com.
2012 DBA MEMBERSHIP DUES REMINDER Your 2ND NOTICE DBA DUES STATEMENT for 2012 has been mailed. We will DROP any unpaid members on March 1, 2012. Please send in your payment to continue receiving ALL your member benefits. THANK YOU for your support of the Dallas Bar Association!
Proudly sponsored by XTO Energy
The Fourth Annual Energy Symposium will focus on a wide array of energy-related issues examining and exploring topics from the perspectives of the operator, royalty owner, surface owner, regulator, and municipality. We are also pleased to announce the launch of the First Annual Survey on Oil & Gas in conjunction with the Symposium. Our Survey will review emerging legal issues from states across the country in an annual comparative law survey on oil and gas. Please visit our website to register and for additional information:
For information about article submission or presentation, please contact Kate Echols, Symposia Editor at texwesenergysymposium@gmail.com. Approval for CLE credits will be sought for this event.
4 He a d n o t e s l D a l l a s B a r A s s o ciation
January 2012
Headnotes
President's Column
Published by: DALLAS BAR ASSOCIATION
“We, Not Me.” By Paul K. Stafford
Happy New Year, Dallas Bar Association! I have the distinct honor and privilege of serving as your DBA President in 2012. As your President, I will strive to maintain the integrity of the office and adhere to the high standards set by the DBA and by my Presidential predecessors. I’ve been asked on more that one occasion ‘What do you plan to do during your year as DBA President?’ A good question, but I view leadership in this great bar as a collaborative endeavor. Accordingly, the inquiry could be stated as ‘What do we plan to do…?’ “We” is more than just the numerical sum of our members— currently at almost 11,000 and growing. “We” is the DBA membership’s collective commitment to utilize its time, talent, and treasure for the betterment of the profession and the community. Let’s imagine in this month of January that it’s December of 2012 and we’re looking back on what we hope was a successful 2012. What would that year look like? What would it take in order to accomplish that success to which we aspire? What type of DBA do we have and want, and how do we intend to transform our organizational intentions, goals, and objectives from aspirational to actual? It is my belief that looking back on our 2012, we would again see our bar as the premier bar association in the country—not by mere words, but by deeds. We’d see a bar committed to providing excellent CLE and professional development to our members at little or no cost; serving the profession and the community through countless service projects and initiatives; providing pro-bono legal services to those
less fortunate in our community; honoring the profession while upholding the integrity of the legal system; promoting inclusion and diversity through collaboration with other organizations and stakeholders; and showcasing the preeminence of Dallas and all of our bar associations to a local, state, national, and international audience. The success of the DBA in 2012 will be built upon all of these things; however, none of these successes could be accomplished without the dedication and commitment of DBA members working through the DBA’s 29 Sections, 35 Committees, and countless other collaborative efforts. In 2012, as in previous years, our DBA members will engage not only in all types of professional development and community service, but in fellowship, social activities, and networking as well. As always, the DBA’s excellent staff, led by Executive Director Cathy Maher is also an integral part of the DBA’s success each year. On behalf of myself and the 2012 Board of Directors of the DBA, I offer a sincere “thank you” to all of those whose tireless service and efforts have helped the DBA continue to fulfill its mission of excellence and service. You are a primary reason why the Dallas Bar Association is the best bar association in America. I’d also offer a special “thank you” to all of the 2012 Section and Committee Chairs and ViceChairs for their continued dedication and commitment to the DBA. This is our moment to continue to build a better bar. As we embark on this journey through 2012, let us work together and begin with our goals, objectives, and purpose clearly in mind. If you have not already joined or renewed your membership for 2012, please do so. Please join us in making 2012 HN another successful year for your DBA.
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: Paul K. Stafford President-Elect: Sally Crawford First Vice President: Scott McElhaney Second Vice President: Brad C. Weber Secretary-Treasurer: Shonn Brown Immediate Past President: Barry Sorrels Directors: Jerry Alexander (Chair), Kim Askew (At-Large), Chip Brooker (President, Dallas Association of Young Lawyers), Wm. Frank Carroll, Victor Corpuz (President, Dallas Asian American Bar Association), Rob Crain, Laura Benitez Geisler, Lori Hayward (President, J.L. Turner Legal Association), Hon. Martin Hoffman, Michael K. Hurst, Michele Wong Krause, Karen McCloud, Carlos Morales (President, Dallas Hispanic Bar Association), Mary L. Scott, Diane M. Sumoski and Robert L. Tobey. Advisory Directors: Angelina LaPenotiere (PresidentElect, Dallas Hispanic Bar Association), Mandy Price (President-Elect, J.L. Turner Legal Association), Sarah Rogers (President-Elect, Dallas Association of Young Lawyers) and Jennifer Wang (President-Elect, Dallas Asian American Bar Association). Delegates, American Bar Association: Rhonda Hunter, Hon. Douglas S. Lang Directors, State Bar of Texas: Andy Payne, Christina Melton Crain, Beverly Bell Godbey, Ike Vanden Eykel, Frank E. Stevenson, II HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Thomas Phillips Advertising: Karla Howes PUBLICATIONS COMMITTEE Co-Chairs: Vincent J. Allen and Lea Dearing Vice-Chairs: Natalie L. Arbaugh and Dawn Fowler Members: Timothy G. Ackermann, Kevin Afghani, Favad Bajaria, Jody Bishop, Lisa Blackburn, Jason Bloom, Kandice Bridges, William Brown, Lance Caughfield, Sally Crawford, James Crewse, Joel Crouch, G. Edel Cuadra, David Dodds, Adam Dougherty, Sabeen Faheem, Enrique Flores, Megan George, Zachary Hoard, James Holbrook, Ezra Hood, Mary Louise Hopson, Dyan House, Michael Hurst, Michelle Jacobs, Jessica Janicek, Douglas Johnson, Adam Kielich, Michelle Koledi, Susan Kravik, Scott McElhaney, Nick Nelson, Jenna Page, Laura Anne Pohli, Robert Ramage, Jared Slade, Paul K. Stafford, Jeanette Stecker, John C. Stevenson, Scott Stolley, Lincy Thomas, Robert Tobey, Peter S. Vogel, Suzanne R. Westerheim and B. Joyce Yeager DBA & DBF STAFF Executive Director: Catharine M. Maher Accounting Assistant: Shawna Bush Communications/Media Director: Jessica D. Smith Controller: Sherri Evans Director of Community Services: Alicia Hernandez Events Coordinator: Rhonda Thornton Executive Assistant: Michelle Dilda Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewer: Marcela Mejia Law-Related Education & Programs Coordinator: Amy E. Smith Membership Coordinator: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Teddi Rivas DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Lakeshia McMillan, Andrew Musquiz, Tina Douglas Program Assistant: Patsy Quinn Copyright Dallas Bar Association 2012. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher. Headnotes serves the membership of the DBA and, as such, editorial submissions from members are welcome. The Executive Editor, Editor, and Publications Committee reserve the right to select editorial content to be published. Please submit article text via e-mail to jsmith@dallasbar.org (Communications Director) at least 45 days in advance of publication. Feature articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informational and educational purposes and is not intended as legal advice. Opinions expressed in articles are not necessarily those of the Dallas Bar Association. All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Association’s sole discretion. Headnotes (ISSN 1057-0144) is published monthly by the Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. Non-member subscription rate is $30 per year. Single copy price is $2.50, including handling. Periodicals postage paid at Dallas, Texas 75260. POSTMASTER: Send address changes to Headnotes, 2101 Ross Ave., Dallas, TX 75201.
Janua ry 2 0 1 2 â€
D al l as Bar A ssoci ati on l Headnotes 5
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
January 2012
Fresh Perspectives: Sister Bar Presidents Pursue Excellence by Michelle A. Koledi
The Dallas Bar Association applauds the service and dedication of the exiting presidents of its sister bar associations and recognizes the individuals who will be taking the reins in 2012. They have experienced great success in their legal careers and exemplify the character upon which their organizations were founded. Victor Navasca Corpuz, a partner in the Dallas office of Jackson Lewis LLP, will serve as president of the Dallas Asian American Bar Association (DAABA). Mr. Corpuz was born in Manila, Philippines, and obtained his Juris Doctor from Drake University School of Law. He is a seasoned litigator practicing primarily in the areas of disability, leave and health management. Mr. Corpuz’s accomplishments are not limited to the courtroom. He has published several significant articles over the last 20 years and has frequently lectured on employmentrelated matters. The Dallas Asian American Bar Association has approximately 200 active members, a dramatic increase from the 15 founding attorneys in 1988. Mr. Corpuz seeks to further expand membership by continuing the organization’s tradition of networking with local bar associations and organizing fundraisers to raise awareness in the Dallas community. He previously served as a DAABA Board Director,
Chip Brooker
Victor Corpuz
student mentor and career discussion panelist. Family and recreation are an integral part of Mr. Corpuz’s life. He coaches his son’s soccer and baseball teams, is an accomplished pianist who performs with the contemporary choir at Saint Rita’s Catholic Church, enjoys golf and always cheers for the Dallas Mavericks. A senior associate in the Dallas office of White & Wiggins L.L.P. will serve as the president of the Dallas Hispanic Bar Association (DHBA). Carlos Morales graduated from South Texas College of Law in 1999 where he received honors for corporate and white-collar crime and first semester academic achievement. His primary practice areas include commercial and construction litigation, and governmental agency, tort and insurance defense. A founding principle of the
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Lori Hayward
DHBA is to foster a positive image of the legal profession for local Hispanics. On November 17, 2011, the DHBA held its sixth annual event, “Lighting the Path to the Legal Profession,” at the Belo Mansion. This event provides a unique setting for local students to network with attorneys and judges and to develop lasting relationships to increase diversity in education and the legal profession. Prior to becoming the president-elect, Mr. Morales served as a DHBA Board Member and Treasurer, and a member of the Hispanic National Bar Association’s 2011 National Convention Fundraising Committee. He maintains his membership with the legal honors fraternity Phi Delta Phi. Associate Chip Brooker, of Haynes and Boone LLP, is the 2012 president of the Dallas Association of Young Lawyers (DAYL). An honors graduate of SMU Dedman School of Law, Mr. Brooker has successfully litigated business law-related matters that have set legal precedent. He has been included in the Texas Super Lawyers Rising Stars Edition four times. Mr. Brooker has been a dedicated member of the DAYL since his first year as a practicing attorney, serving as a committee chair, secretary, treasurer, director and vice president. Neither youth nor a law license is required for DAYL membership. Rather, one can be of any age and/or a law student. Mr. Brooker will continue this tradition by networking with local law schools, SMU and Texas Woman’s University,
Carlos Morales
and organizing special programs like Leadership DAYL, Teen Leadership and Freedom Run. When he is not representing clients or organizing special events, Mr. Brooker enjoys the leisure activities of golf, watching college sports and reading, and takes great pride in his roles as husband and father. The new president of the J.L. Turner Legal Association is Lori Hayward, a Dallas native and honors graduate from the Thurgood Marshall School of Law at Texas Southern University. After graduating law school, Ms. Hayward returned to Dallas and opened a solo practice specializing in family law. In 2005, she worked for the U.S. Small Business Administration in the Office of Disaster Relief to assist the victims of Hurricane Katrina. Now an Of Counsel at Middleberg, Riddle & Gianna, Ms. Hayward practices in complex commercial litigation that includes construction and mass tort. This is an exciting time for JLTA members as 2012 marks the organization’s 60th anniversary. Ms. Hayward is honored to serve as president and is grateful for the support of fellow members. She said, “JLTA has a great legacy and it is my responsibility to not only celebrate its illustrious past, but to continue the mission to better our community through education, service HN and scholarship.” Michelle A. Koledi is a civil litigator licensed to practice in both state and federal courts in Texas and New York. She can be reached at michellekoledi@yahoo.com.
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D al l as Bar A ssoci ati on l Headnotes 7
Health Law/Employee Benefits
New Medical Privacy Law in Texas: What You Need to Know by Peg D. Hall and Matt Nickel
Few things are as personal, private or important as one’s medical records. It is not surprising that there is extensive federal and state legislation protecting patient privacy. Nearly everyone is familiar with the federal Health Insurance Portability and Accountability Act (HIPAA). The federal Health Information Technology for Economic and Clinical Health Act (HITECH) is not as well known, yet works in conjunction with HIPAA to safeguard the privacy of health information. Concerned that HIPAA and HITECH did not provide enough safeguards for protected health information (PHI), the Texas legislature passed H.B. 300 in 2011. This law, containing even more stringent regulation than the federal scheme, will go into effect on September 1, 2012. Because H.B. 300 has potential effects on any entity that comes into contact with PHI (including law firms), it is important that both attorneys and clients understand and prepare for its impact.
“Covered Entities”
H.B. 300 requires that “covered entities” meet several new requirements regarding the privacy and security of PHI. The existing federal and Texas laws have different definitions of what constitutes a “covered entity.” Generally, HIPAA considers health care plans and health care providers to be “covered entities.” The Texas definition is more expansive, defining a “covered entity” as any individual, business or organization that: • engages in the practice of assembling, collecting, analyzing, storing or transmitting PHI; • comes into the possession of PHI; • obtains or stores PHI; or • is an employee, agent, or contractor of a person described in numbers 1-3 above (if they create, receive, obtain, maintain, use or transmit PHI). Tex. Health and Safety Code,
§181.001(b)(2). Thus, many businesses and individuals currently exempt from HIPAA may soon be subject to the requirements of H.B. 300. In Texas, it is likely that law firms, record storage and disposal companies, accounting firms, auditors, and others may be considered “covered entities.” Accordingly, every business and organization should analyze its contacts with PHI and understand its potential to be a “covered entity” under Texas law.
New Requirements and Potential Penalties
Individuals and entities determined to be “covered entities” under H.B. 300 will face several new requirements, including: new training for employees regarding PHI; additional patient rights related to electronic medical records; and the potential for increased penalties for noncompliance. 1. Employee Training Under the new Texas law, “covered entities” must provide ongoing, customized training for their employees regarding both federal and state law related to the protection of PHI. The training should be tailored for the employee’s responsibilities and the entity’s contacts with PHI. Each new employee must complete the training within 60 days after his or her hire date, and the training must be repeated at least once every two years. Notably, under HIPAA, training is only required within a reasonable amount of time after hiring and when there are any material changes in privacy policies. Under both HIPAA and H.B. 300, “covered entities” must maintain records of every employee’s training attendance. 2. Patient Rights Regarding Electronic Medical Records Beginning in September 2012, “covered entities” must provide patients with electronic copies of their electronic health records within 15 business days of the patient’s written request (under HIPAA, records must be provided within
30 days of a request). Additionally, the new Texas law requires the Texas Attorney General to establish a website that explains patient’s privacy rights under Texas and federal law. Also contained in H.B. 300 are provisions that prohibit the sale of PHI and require notice to patients regarding the electronic disclosure of PHI. 3. Increased Penalties “Covered entities” that wrongfully disclose a patient’s PHI will face increased civil penalties under H.B. 300, in addition to any penalties for violating federal laws. The new Texas law allows for penalties ranging from $5,000 to $1.5 million per year. To determine the penalty amount, H.B. 300 lists five factors a court may consider: 1) the seriousness of the violation; 2) the entity’s compliance history; 3) the risks of harm to the
patient; 4) the amount necessary to deter future violations; and 5) efforts made to correct the violation.
Preparing for H.B. 300
This article only provides a glimpse into a few of the requirements of the new Texas law. Any individual, business or organization that may be considered a “covered entity” should thoroughly analyze H.B. 300 to understand and prepare for the new requirements. These efforts should include updating any policies and procedures related to PHI and conducting employee trainings in advance of HN September 1, 2012.
Peg Donahue Hall is a partner in SNR Denton’s litigation group in Dallas. She can be reached at peg.hall@snrdenton.com. Matt Nickel is a senior managing associate in SNR Denton’s Dallas office and can be reached at matt.nickel@snrdenton.com.
Merry Christmas?
Paul K. Stafford, 2012 President continued from page 1
where he most recently served as Legislative Chair. He also currently serves on the Dallas Committee on Foreign Relations, as well as the Board of Trustees of the World Affairs Council of Dallas Fort Worth. In 2003, he was an American Marshall Memorial Fellow. That fellowship, awarded by the German Marshall Fund of the United States (based in Washington D.C.), gave him the opportunity to travel widely in Europe to meet with political, professional and civic leaders. During his fellowship, Mr. Stafford traveled to several
European countries and met with various officials from the European Union, the European Commission, The Hague, The United Nations Criminal Tribunal for Yugoslavia, the World Court, and NATO to discuss transatlantic and legal issues. He now serves on the Board of Trustees of the German Marshall Fund. Mr. Stafford is married to Telea Johnson Stafford and has three daughters— Camryn, Kendall and Chelsea. HN Tim Ackermann practices patent, trademark and copyright law at The Ackermann Law Firm. He was Co-Chair of the Publications Committee of the Dallas Bar Association from 2009-2011. He can be contacted at tim@ackermannlaw.com.
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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
Focus
January 2012
Health Law/Employee Benefits
New IRS Worker Classification Settlement Program and its Risks by Cynthia Stamer
Congress, federal and state regulators and private litigants increasingly are challenging employer classifications and treatment of independent contractors, leased employees or other non-employee workers (contractors). At the same time, the IRS is hoping to persuade employers that are misclassifying workers to voluntarily to clean up their practices. To do so, the IRS has established a new Voluntary Worker Classification Settlement Program (Settlement Program). Like many other federal and state agencies, the IRS has significantly increased its scrutiny of businesses that receive services from workers not treated as employees. The creation of the Settlement Program follows the IRS’s September 2010 kickoff of a 3-year program targeting the worker classification practices of 6,000 employers for audit. The Settlement Program offers employers the opportunity to resolve existing payroll tax exposures by making the required filing, adjusting their practices and paying a required settlement fee of slightly more than 1 percent of the wages paid to the reclassified workers for the past year. If an employer meets the requirements of the Settlement Program, the IRS will not conduct a payroll tax audit or assess payroll tax interest or penalties for prior year payroll taxes related to
the workers. Employers that misclassify workers, however, generally face a broad range of employment and other exposures in addition to the payroll tax liability covered by the Settlement Program. An employer that has misclassified a worker for payroll tax purposes may also have treated the worker as a non-employee for other purposes, such as: immigration law eligibility to work, wage and hour, employment discrimination, employee benefits, fringe benefits, worker’s compensation, workplace safety, tort liability and insurance. Thus, businesses evaluating or planning to use the Settlement Program should assess their overall worker misclassification exposures and the potential impact of participation in the Settlement Program on other possible exposures. Some considerations include whether the employer’s existing classification of the worker is defensible for those other legal purposes, the potential exposures from misclassification under those laws, how participation in the Settlement Program might affect the employer’s misclassification exposures under these other laws, and risks, challenges and opportunities for mitigating these exposures. While weighing the magnitude and options for addressing worker misclassification exposures, businesses should guard against overestimating the defensibility of their worker classification practices
or underestimating their potential legal risk based on the prevalence or length of their own practices, or those of other businesses. The expanded use of independent contractor and other non-traditional staffing relationships have fueled growing scrutiny and challenges by Congress, private litigants and federal and state regulators to the classification of these workers as not employed by the business. Concerns that U.S. businesses are improperly skirting legal obligations by improperly misclassifying workers that the law requires them to treat as employees are prompting federal and state agencies to step up audit and enforcement activities against businesses. Thus, whether or not an employer chooses to make use of the Settlement Program, an employer using misclassified workers should take prompt action to identify and take well-planned and coordinated steps to mitigate both the payroll tax and other exposures likely to result from misclassification. Furthermore, employers contemplat-
ing using the Settlement Program also need to fully understand and be prepared to meet all applicable conditions for participating in the Settlement Program. The Settlement Program excludes employers “under audit” and certain other employers from eligibility to participate. Additionally, to participate in the Settlement Program, an employer also must agree to extend the usual three year statute of limitations period generally applicable to payroll tax liability to six years and meet other conditions. Regardless of whether an employer elects to take advantage of the new Settlement Program, these developments send a clear signal that businesses using the services of independent contractors, leased employees or other non-employee workers should review and, as necessary, strengthen the defensibility of their existing classifications and treatment of those HN workers. Cynthia Stamer, of Cynthia Marcotte Stamer PC, can be reached at cstamer@solutionslawyer.net.
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D al l as Bar A ssoci ati on l Headnotes 9
Health Law/Employee Benefits
The Benefits of a Healthy Workforce by Jane C. Taber and Michele C. Spillman
Are your clients looking for a way to increase employee morale and productivity? Do they want to lower health insurance costs and increase profits? By requiring or incentivizing employees to commit to healthy habits—both inside and outside the workplace—employers may be able to do just that. From bans on smoking to wellness programs, employers have a variety of options to ensure and promote the health of their employees and the growth of their business. The FDA estimates that smoking costs American employers approximately $200 billion per year in decreased productivity and increased medical costs. To combat this harsh reality, Texas employers can refuse to hire smokers, prohibit their employees from smoking and can even charge smokers higher insurance premiums. Wellness programs are another attractive option for Texas employers. From rewarding employees who lose weight or lower their cholesterol, to
offering insurance premium discounts to employees who undergo health screenings, employers are focusing on employee health issues in increasing numbers. According to a 2010 survey conducted by the National Business Group on Health and Fidelity Investments, more employers than ever are offering their employees and their dependents various incentives to participate in health improvement programs. Some of Dallas’ top employers recognize the benefits gained from improving employee health. Baylor Health Care System recently announced, that beginning in 2012, it will refuse to hire smokers. Methodist Health System will also begin offering its employees health insurance premium discounts of up to $1,700. Both hospitals have already adopted wellness programs, as have several other employers in Dallas. Although Texas employers generally have broad discretion with respect to their employees, other states like California, Colorado, New York, Illinois and Missouri have enacted legislation pro-
2011 DBA President Recognized
hibiting discrimination based on lawful activity or the use of lawful products. These statutes restrict an employer’s ability to regulate such behavior and make it illegal to discriminate against employees who smoke or engage in other lawful conduct both inside and outside the workplace. Therefore, Texas employers who hire employees in other states should be aware of state law differences before enacting a companywide wellness program. Several federal laws also impact an employer’s ability to implement wellness programs or offer incentives to employees who engage in healthy habits. Specifically, the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), and the Health Insurance Portability and Accountability Act (HIPAA) affect wellness initiatives by regulating voluntary wellness programs, the treatment of disabled employees, and the disclosure and use of family medical history and health information. To illustrate the federal law impact on employer sponsored wellness plans, HIPAA generally prohibits health plans from charging different premiums, deductibles or co-payments based on an individual’s health factor. However, wellness programs that meet the following five conditions are exempt
from this prohibition: (1) The premium differential is not more than 20 percent of the total cost of employee-only coverage; (2) The program’s design is to promote health and prevent disease; (3) Eligible individuals are allowed to qualify at least annually; (4) A reasonable alternative standard of obtaining a review must be provided to individuals with difficulty in satisfying the initial standard; and (5) The plan materials must disclose the alternative standard. Therefore, in drafting a wellness program, employers must take into account the mandates to ensure the program meets federal law requirements. Texas law is generally supportive to its employers in banning smoking or enacting a wellness program. Nevertheless, special legal nuances, particularly in regard to federal legislation or certain other states’ laws require that employers consult legal counsel to evaluate the legal implications of any proposed wellness programs before initiating them as part of the company HN benefits program. Jane C. Taber is a partner at Taber Estes Thorne & Carr PLLC. Michele C. Spillman is an associate at Taber Estes Thorne & Carr PLLC. They can be reached at jtaber@taberestes.com and mspillman@taberestes.com, respectively.
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10 H e a d n o t e s l D a l l a s B a r A s s o ciation
January 2012
Susan McCombs Aims to Grow Dallas Lawyers Auxiliary by Harold D. Jones
Susan McCombs has taken the helm of the Dallas Lawyers Auxiliary for 2011-2012. What is the Dallas Lawyers Auxiliary? The DLA was formed by 93 charter members in 1926, as “The Dallas Lawyers Wives Club.” Still going strong, and as Susan adds, “just having fun,” DLA’s approximately 200 members are a vital part of the civic and philanthropic fabric of our city. DLA faithfully raises scholarship funds, educates our youth on legal rights, acts as docents for Belo tours and is instrumental in bringing Dallas lawyers and their spouses into closer fellowship. Susan is a delightful 1979 Mississippian transplant to Dallas; the warm dialect of the Deep South came with her. It took a while for her to call North Texas home. “We moved to North Carolina once to get away from Dallas; and after a year, Dallas seemed better, and we moved back,” she said. The mother of two Hockaday graduates now at SMU, Susan volunteers at St. Philip’s School, and serves on the board of ArtReach and Victim’s Outreach. To round out
Susan McCombs her full schedule, Susan is a member of the Dallas Museum of Art League, Dallas Symphony Orchestra League and Preston Hollow Women’s Club. Still, DLA has a special spot in her life. Susan loves how the DLA connected her to so many diverse women of all ages, who all understand: what it is like to be married to a Dallas lawyer. Susan values the support that DLA
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gives to young associates’ wives, and the wisdom she and others can provide to the wives just starting their journey with young lawyers. She met and married Haynes and Boone, LLP intellectual property attorney David McCombs, about 25 years ago. Like many an IP attorney, the world is David’s marketplace. His practice regularly takes him overseas. This has only deepened the McCombs’ mutual love of travel. At home, they try to exercise together; Susan bicycles while David jogs. However, walking five miles a day and classes at Bar Method is her core fitness regimen. She will need energy for her DLA mission. She observes that many similar auxiliaries are “closing or on the decline these days.” She is proud of the health of the DLA, which supports one of “most active bar associations in the country.” However, she does not intend to play defense. She sees one of her prime tasks in her role as president as “increasing membership; particularly in attracting younger members.” “Our group is fun,” said Susan. “We want everyone to know about us. We have wonderful programs throughout the year.” She is right. This year DLA has visited a winery, will tour the Crow Collection of Asian Art, celebrate the holidays at the Belo, view antiquities in a museum, have “Breakfast with Tiffany” at Tiffany & Co., and bestow the
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prestigious Justinian Award on April 25, 2012, for outstanding volunteer service by a Dallas lawyer, as adjudicated by prominent Dallas civic leaders. Her challenge is that “most Dallas citizens may not be aware of our group.” Balanced against that is the fact that those who know about DLA have an extremely favorable impression. In addition, DLA is joined to a Dallas Bar Association that “is one of the best in the country.” Susan describes Dallas attorneys’ community involvement as “unparalleled.” The DLA publishes and distributes Now You Are 18, a 24-page teaching booklet, to high school seniors. The pamphlet can be ordered on the DLA’s website at www.dallaslawyersauxiliary. org. Members of the DLA are leaders in the Dallas Children’s Advocacy Center, Girls Inc., Senior Citizens, and Community Partners of Dallas and serve as Court Appointed Special Advocates (CASA). Susan’s wish for the year is to increase community awareness, as well as increase membership. She was as good as her word: she did not allow our conversation to end without asking me to tell my wife about DLA and urge her to join. Her membership drive has HN begun. Harold D. Jones is a Shareholder at Littler Mendelson, P.C.. He can be reached at HDJones@littler.com.
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Dal l as Bar A ssoci ati on l Headnotes 11
Health Law/Employee Benefits
Mobile Health Technology and the Law by John Huffman
As in most industries, the role of technology in the delivery of health services continues to evolve at a rapid pace. An example is the growing role of mobile health—or “mhealth”— technology and applications designed to help healthcare providers deliver their services from any number of remote devices. Over half of the estimated 20,000 mhealth apps are now designed for healthcare professionals, enabling them to provide innovative services in everything from iPad radiological reads to telemedicine consultations half a world away. Unsurprisingly, this emerging technology finds itself outpacing the governmental entities that would monitor and regulate how the technology is changing the delivery of healthcare services. As a response to these changes, the FDA recently released Draft Guidance for regulation of mhealth apps. Through the Draft Guidance, the FDA conveys its current thinking on the issue of mhealth apps and, though in parts circular and convoluted, the Draft Guidance sets out guidelines on how the FDA intends to regulate mhealth apps. This article will summarize the Draft Guidance and briefly discuss its implications and effects on the market. The Draft Guidance defines a “mobile medical app” as a software application that runs on a commercial, off-the-shelf handheld computing device (i.e. a “mobile platform”) if that software meets the definition of “device” in the Food, Drug and Cosmetic Act (FDCA) and either a)
is used as an accessory to a medical device, or b) transforms a mobile platform into a regulated medical device. As with any potential medical device, the intended use of the mobile medical app will determine whether or not it is a device and thus falls under the FDA’s regulatory authority under the FDCA. If their products qualify as a mobile medical app, manufacturers will be subject to the requirements associated with the applicable device classification. A mobile medical app, like any other device, may be classified as class I (general controls), class II (special controls as well as general controls), or class III (premarket approval). The Draft Guidance lists classifications under which existing medical devices currently fall, and mobile medical apps that are accessories to those devices or transform mobile platforms into those devices will have to meet the requirements of that classification. For example, a mobile medical app that is an accessory to an electronic stethoscope (a class II device) or transforms an iPhone into an electronic stethoscope would be subject to class II-level regulations (i.e. 510k approval). Helpfully, the FDA provides some guidance on what apps would be regulated under the Draft Guidance. Some examples include: a) apps controlling or displaying patient-specific data gathered from an underlying medical device (like a remote smartphone display of a bedside monitor); b) apps that enable a host device with the functionality of an existing medical device (such as attaching a transducer to transform an iPhone to a stethoscope); and c) apps that analyze data for a “patient-
specific” result or diagnosis. The more indistinguishable the app is from a regulated medical device, and the greater its role is in analysis of patient-specific data, the more likely it will be to fall within the regulatory framework of the FDA. The Draft Guidance also lists some examples of apps that would NOT be regulated as mobile medical apps. These include: a) electronic copies of textbooks and references; b) apps focused on logging, tracking or evaluating general health and wellness (such as calorie counters or appointment reminders); c) apps to assist with “general office operations” such as billing or inventory; and d) electronic health records apps. The Draft Guidance is helpful in elucidating how the FDA plans to deal with mhealth apps specifically and the role of technology in healthcare deliv-
ery broadly. Manufacturers and designers must be careful about how they design and market their apps, and their counsel must navigate the FDA regulatory framework to bring these apps to market as quickly and as safely as possible. There are many other issues that counsel for both developers and healthcare providers in this space will need to consider as they develop, market, gain approval for, and implement mhealth apps. These issues include scope of practice, corporate practice of medicine, HIPAA and data security, telemedicine credentialing and professional liability. One fact is certain: technology will continue to change healthcare delivery at a rapid pace, and it remains to be seen how the law will HN keep up. John Huffman is an Associate at Greenberg Traurig, LLP. He can be reached at huffmanj@gtlaw.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
January 2012
Shareholder’s Right to Inspect Documents in Texas Corporations by Jason Fulton
When things go poorly, people start asking tough questions. So, in tough economic times, many shareholders in Texas corporations, particularly closely held corporations, want more information about the finances and operations of corporations in which they own shares. When relations with management or a controlling shareholder sour, shareholders should know that the Texas Business Organizations Code (TBOC) provides shareholders with powerful rights to inspect corporate books and records and requires the corporation to pay the shareholder’s attorney’s fees if they have to enforce their inspection right in court. Section 3.153 of TBOC provides each owner of any entity filing a certificate of formation with the Secretary of State with the right to “examine the books and records” of the entity. Also, under Section 21.218(b),
shareholders of for-profit corporations are “entitled to examine and copy . . . the corporation’s relevant books, records of account, minutes, and share transfer records.” The right of inspection under Section 21.218(b) is open to any shareholder who: (a) makes a written demand; (b) states a proper purpose; and (c) has held shares for at least six months preceding the demand or holds at least 5 percent of the corporation. To request records, the shareholder or counsel prepares a simple written request that states a proper purpose for the inspection. A proper purpose relates to the shareholder’s individual interest or protection of the corporation’s interest. Common proper purposes include: ascertaining the financial condition of the corporation; determining the value of shares; communicating with other shareholders; or investigating company management, waste of corporate assets, self dealing or other breaches of fiduciary duty.
Although not required, the written demand should also include categories of documents that relate to the proper purpose. If the corporation plans to organize records for review, then categories can facilitate that process. Having specific categories is also helpful should litigation become necessary after the corporation refuses. Finally, the written demand should state a time and place for the inspection and indicate who will inspect. Shareholders can have the inspection performed by accountants, lawyers or other representatives. TBOC § 21.218(b). The right to inspect documents extends to almost anything as the terms “books” and “records of account” are not defined in the statute. Courts and commentators typically take a broad interpretation. But shareholders should not expect to view communications between a corporation and its attorney. And, while nothing precludes a shareholder from inspecting proprietary or trade secret information, the shareholder should connect such requests to a proper purpose. A corporation often responds to a demand to inspect records by: offering substitutes instead of underlying records; requiring a confidentiality agreement; issuing discovery-style objections; or refusing. Although the case law does not support these tactics, the expense and delay attendant in litigation justify attempts to negotiate acceptable terms before suing. If the corporation refuses to produce records, a court can order the inspection and
award the shareholder attorney’s fees and other expenses. But the TBOC provides no procedure for an expedited resolution of such a dispute. TBOC § 21.222(a). To enforce the statute, the shareholder should file a petition for writ of mandamus. In response to a petition for mandamus, the corporation can raise defenses set out in Section 21.222(b). And if the corporation can raise a fact issue on whether a shareholder has a proper purpose, then the corporation is entitled to a jury trial. Alternatively, if a shareholder has sufficient basis to bring claims for breach of fiduciary duty against the officer or directors, or claims for shareholder oppression against a majority shareholder, then the shareholder can add a claim for violation of the statute and a refusal to provide records as a ground of oppression. In this situation the shareholder can also use ordinary civil discovery to obtain access to the company’s books and records. To avoid disputes over inspection of books and records, shareholders should enter shareholder agreements with powerful inspection rights and clear enforcement mechanisms. Shareholders should also regularly review books and records while business is good, and encourage the board of directors to adopt resolutions providing for shareholder access to HN records. Jason Fulton is a partner in the Dallas office of Diamond McCarthy and handles commercial litigation including representation of shareholders in closely held companies. He can be reached at jfulton@ diamondmccarthy.com.
Want to Refresh Your Spanish? Sign Up Now! 10-Week Course Spring 2012 January 31-April 3. 6:00-7:30 p.m. Beginning Level-Tuesdays • Intermediate-Wednesdays • Beginning Level VI-Thursdays Class cost: $180. Deadline to register: January 20. For more information, contact Teddi Rivas at trivas@dallasbar.org or (214) 220-7447.
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J anu a ry 2 0 1 2
Focus
Dal l as Bar A ssoci ati on l Headnotes 13
Health Law/Employee Benefits
Attorney Responsibilities Under HIPAA by Jeff Drummond
Any attorney who has been to a doctor’s office has heard of HIPAA, the often-misunderstood and occasionally misspelled federal healthcare privacy law. The Health Insurance Portability and Accountability Act of 1996 originated as the Kennedy-Kassebaum bill, a bipartisan legislative effort to prevent health insurers from rejecting potential new beneficiaries due to preexisting conditions if the applicant had recently had insurance from another provider. While HIPAA originally was intended to provide “portability” of insurance, it expanded into an omnibus law (embellished by extensive regulations) addressing, among other things, (i) the use of electronic transactions in the healthcare industry, (ii) healthcare fraud enforcement and (iii) a national standard of medical record privacy and security. The privacy and security requirements, not the portability issues, have caused the most angst for doctors and hospitals.
Original HIPPA Statute
The original HIPAA statute required the development of privacy and security rules applicable to a limited set of “Covered Entities”: health plans (insurers, including self-insured
group health plans), healthcare providers (hospitals, doctors, dentists, etc.) and healthcare clearinghouses (specialized entities that translate claims data into different formats). But when the regulations were drafted, the Department of Health and Human Services and Human Services lacked the authority to draft privacy and security regulations that would cover everyone who came into contact with medical information.
HIPPA Regulations
The regulations (specifically including separate privacy rules and security rules) were therefore drafted to impose rules only on Covered Entities. One of the rules required Covered Entities to enter into “Business Associate Agreements,” or “BAAs,” imposing similar restrictions on otherwise unregulated parties to whom they provide “protected health information” or “PHI.” Effectively, the HIPAA regulations required the Covered Entities to extend by contract the regulations the Department of Health and Human Services could not directly apply to other industry participants. Any entity that receives PHI from a Covered Entity in the course of providing a service to the Covered Entity is a Business Associate. Specifically, lawyers representing Covered Entities,
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if they receive PHI from the Covered Entity (or produce PHI on the Covered Entity’s behalf), are Business Associates. Therefore, if you represent a health plan, provider or clearinghouse and receive PHI from the client, you must enter into a BAA with the client. If you have not, your client is likely in violation of HIPAA. Most Covered Entities want all of their vendors to sign the same form of BAA, and will often encourage their law firms to sign the same agreement. However, because lawyers are different from other vendors, there are several reasons to resist signing a standardform BAA. Specifically, attorneys have ethical obligations to their clients that other vendors do not, and as a result, their BAAs need to be tailored accordingly. HIPAA requires that all BAAs contain a provision stating that the Business Associate will allow the Secretary of the Department of Health and Human Services to review the Business Associate’s books and records to ensure HIPAA compliance. Unfortunately, including this language without appropriate carve-outs could result in unintentionally waiving attorney-client privilege. Additionally, many BAAs contain indemnification provisions, which could effectively void an attorney’s malpractice insurance coverage. Finally, lawyers need to be aware of the inherent ethical conflicts that occur when they are negotiating a contract between themselves and the client they are obligated to protect.
Technology for Economic and Clinical Health Act (HITECH) amended HIPAA by adding additional privacy requirements and making much of HIPAA directly applicable to Business Associates. Specifically, the HIPAA security rule provisions were made directly applicable to Business Associates. This means that Business Associates, including attorneys, must adopt administrative, physical and technical safeguards to protect the PHI in their possession, and must adopt policies and procedures to document and enforce those safeguards. These should include such safeguards as locking medical records when not in use, securing computers, servers and networks that contain PHI from improper access, prohibiting access by improper parties (including staff not working on the particular matter), password management, training and potentially encrypting data in storage or when transmitted over a non-secure network. The specific steps to be taken will be determined by the risk analysis that the Business Associate is also obligated to undertake. Attorneys who serve Covered Entity clients, and who receive PHI from those clients, have an obligation to ensure that they enter into BAAs with those clients, and that the BAAs do not contain inappropriate provisions. Additionally, they must conduct a risk analysis and institute appropriate safeguards to protect the security of the HN PHI they handle.
HIPAA Amendments
Jeff Drummond is a partner with Jackson Walker LLP, representing healthcare providers in transactional and regulatory matters. He can be reached at jdrummond@jw.com.
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14 H e a d n o t e s l D a l l a s B a r A s s o ciation
In the News
January
FROM THE DAIS
Kathryn Murphy, of Goranson, Bain, Larsen, Greenwald, Maultsby & Murphy, PLLC, spoke on the topic of Attorney’s Fees at the annual Advanced Family Law Course in San Antonio. Byron Egan, of Jackson Walker L.L.P., spoke at the 8th Annual Institute on Corporate, Securities, and Related Aspects of Mergers and Acquisitions in New York, New York. Jerry Selinger, of Patterson & Sheridan, LLP, presented “Joint Defense Agreements in Patent Infringement Cases” at the Tennessee Intellectual Property Law Association in Nashville, Tennessee.
KUDOS
Frank L. Branson, of the Law Offices of Frank L. Branson, has been honored with the Teddy Roosevelt “Man in the Arena” Award presented by the Association of Plaintiff Interstate Trucking Lawyers of America. Ike Vanden Eykel, of KoonsFuller, has been appointed as a commissioner to the Texas Access to Justice Commission for a three-year term. Nancy Furney, of Winstead PC, has been selected to lead the taxation, employee benefits and private business practice group. Jennifer Knapek, also of the firm, has been selected as the new practice group leader for the Finance and Banking Group. James E. Davis, of Klemchuk Kubasta LLP, has been named Partner in the firm. Angela Neville won two 2011 gold
METROPLEX
January 2012
Maultsby & Murphy PLLC as a Partner. Remy M. Davis and Kelsey M. Weir have joined Klemchuk Kubasta LLP as Senior Associates in the firm.
awards from the American Society of Business Publication Editors for articles written for POWER magazine.
Linda Newman has joined Sammons Enterprises as Vice President, General Counsel and Secretary.
Clifton R. Jessup, Jr., of Greenberg Traurig LLP, has been invited to become a Fellow of the American College of Bankruptcy.
Jeff Abrams, of Abrams Mediation & Arbitration, Inc., has moved to 4901 Lyndon B Johnson Fwy, Suite 150, Dallas, TX 75244, Tel (972) 702-9066.
Russ Meyer, of Jackson Walker L.L.P., has been reappointed Chairman of the State Bar of Texas Standing Committee on Court Rules for its 2011-2012 term.
Andrew Petersen has joined Hermes Sargent Bates, LLP as Associate.
J. Carl Cecere has joined the firm of Hankinson LLP.
Meredith B. Miller and Anthony L. Salvador have joined the firm of Langley Weinstein LLP as Associates.
Jes Alexander, Jennifer Calvin, B.J. Jones, Michael Mills, Casey Scott, and Patrick Whitaker have joined Fletcher, Farley, Shipman & Salinas LLP as Associates.
James E. Johanns, Jennifer M. Owens and Jon-Bernard Schwartz, of Godwin Ronquillo PC, have been promoted to Shareholder. Stefanie Major, Israel Silvas and Ramona Soto, of the firm, have been promoted to Senior Attorney, and Robert C. Wiegand has been promoted to Administrative Shareholder.
ON THE MOVE
Treyson J. Brooks, Scott P. Brinkerhoff, Michael J. Chiusano, Charles R. Curran, Britt McClung, Baron T. Oursler, and Travis L. Richins have joined the firm of Quilling, Selander, Lownds, Winslett & Moser, P.C. Jack Ormond has joined Millberg Gordon Stewart PLLC in Raleigh, North Carolina, as Associate. Michael B. Johnson and John Mark Stephens have formed Johnson & Stephens, P. C. located at 4809 Cole Avenue, Suite 260, Dallas, TX 75205. Kenya S. Woodruff has joined Haynes and Boone, LLP, as of counsel in the firm’s Healthcare Practice area. Brian A. Bolton has joined Thompson & Knight LLP as Associate.
LEGAL
JOB
FAIR
Benjamin F.S. Herd and Jennifer M. Hurley have joined Thompson & Knight LLP. Curtis W. Harrison II has joined Goranson, Bain, Larsen, Greenwald,
Matthew J. Johnson has joined Hamilton & Squibb, LLP as Associate.
The law firm of Jones Carr McGoldrick, LLP has moved to 5910 N. Central Expressway, Suite 1700, Dallas, TX 75206, Tel (214) 828-9200.
. . . . . . DBA In the News . . . . . .
During the past two months, your DBA has been highlighted in the following media:
Fox 4 News: DBA President Barry Sorrels
ABA Center for Pro Bono: DVAP Pro Bono Week/Awards
KERA: Transition to Law Practice Program
Arlington Citizen-Journal: Legalline
North Dallas Gazette: Conference of the Professions, DBF David Brooks, Lisa Blue Baron and Mike Kaeske Donate to DVAP
Celebrate Pro Bono Facebook Page: DVAP Pro Bono Week/Awards Dallas Business Journal: Philbin Awards, DBA President-Elect Paul Stafford, Star Carter-Pro Bono Lawyer of the Year, Pro Bono Awards, DBF David Brooks Dbusinessnews.com: Pro Bono Week, DBF David Brooks D Magazine: Philbin Awards Dallas Morning News: Legalline, Financial Forum, Philbin Awards, DBF David Brooks, Pro Bono Awards, Blood Drive, Education Symposium, Dallas Voice: Legalline Focus Daily News: Legislative Forum, Philbin Awards, Pro Bono Week, Blood drive, Sally Crawford Elected DBA President-Elect
OpenPR.com: Pro Bono Award Recipients Park Cities Neighbor: Education Symposium PRLog.com: Sally Crawford Elected President-Elect, Lisa Blue Baron/Mike Kaeske DVAP donation Post Tribute: Court of Appeals at Belo, Philbin Awards, Education Symposium SBOT newspaperclips.com: Pro Bono Week Texas Lawyer: Pro Bono Awards, Tim Mountz receives Professionalism Award Twitter: Education Symposium on Mayor Rawlings Twitter page
2012 MLK Justice Award Looking to identify great candidates for employment? Why not let them come to you!
METROPLEX LEGAL JOB FAIR 9 a.m. – 5 p.m. Friday, February 17, 2012 Candidates from St. Mary’s University School of Law, Texas Tech University School of Law and the University of Houston Law Center will be available for interviews through the Metroplex Legal Job Fair. Employers will have the opportunity to pre-screen the materials of law students and recent graduates, and pre-select 100% of their candidates for interviews. Candidates will interview at employers’ offices. To register, contact:
Suzanne Patrick • spatrick@stmarytx.edu • (210) 431-2265 Julie Doss • julie.doss@ttu.edu • (806) 742-3804 Ann-Margaret Dudley • adudley@central.uh.edu • (713) 743-5622
continued from page 1
university community as ombudsman for issues of equity, equal employment opportunity, ethics and diversity until 2005 when he moved to Bentonville, Arkansas, to take a job at the Home Office of Wal-Mart Stores, Inc. Dr. Sutton has managed Wal-Mart’s Legal Department’s diversity and external funding budget, and coordinates diversity events for the Legal Department. While Dr. Sutton was in Dallas, he was appointed by Dallas Mayor Steve Bartlett to serve as the first African-American to head the Environmental Health Advisory Committee. He was also Chair of the Environmental Law Section for the Dallas Bar Association and was President of the J.L. Turner Legal Association. He also served as President of the National Bar Association. He currently serves as Chairman of the Board of Trustees for Wiley College in Marshall, Texas. Dr. Sutton was stunned to be chosen as the 2012 recipient of the Martin Luther King, Jr. Justice Award. Given his history of firsts as an African-American, his selection will come as no surprise to the members of the Dallas Bar Association. Dr. Sutton is pleased to have helped pave the way for young lawyers. “Many
are indebted to Walter Sutton for taking the path he has taken in the legal profession,” said DBA Past President Rhonda Hunter. “He makes sure that as he moves up the corporate ladder, he is introducing younger lawyers to sit where he sat and learn what he learned. He is an inspiration to all of us who know him.” “Your accomplishments in life are measured by what you do for others,” said Dr. Sutton. He has mentored numerous young lawyers and is glad that he “played a role in helping them succeed.” DBA President Paul K. Stafford, one of Dr. Sutton’s mentees, said, “Walter Sutton is a role model to many. He has mentored young attorneys not only through his words, but by his actions. Dr. Sutton has been at the front lines of promoting inclusion in our profession for decades.” We hope you will join us for the presentation of the Martin Luther King, Jr. Justice Award to Dr. Sutton at noon on Monday, January 16, at the Belo Mansion. Members of the DBA and the community are invited to attend. To make reservations for the luncheon, contact Biri Avina at bavina@ dallasbar.org or (214) 220-7416. A plated HN lunch will be served ($12.76). Vincent Allen is co-chair of the Publications Committee and is a partner at Carstens & Cahoon, LLP where he specializes in intellectual property law. He can be reached at allen@cclaw.com.
J anu a ry 2 0 1 2
Classifieds
Dal l as Bar A ssoci ati on l Headnotes 15
January
OFFICE SPACE
Injury Law Incubator: Young lawyer with huge case? Need a rent-free and fully-furnished office & exceptional joint-venture team? Come visit our beautiful offices in NW Dallas and see if we’re a fit. Marc Lenahan, 214.295.1008, Law@Lenahan.com. www.SevereInjuryLawFirm.com The Historic Hartford building, Downtown Dallas, 400 N. St. Paul Street, 500 to 4,350 SF floor plans, Spec ready suites available, $10.00-$12.00/SF, full service, DART Rail location, ground floor restaurants, garage parking, onsite management/engineer. Contact Chad Traxler 972-458-7600 or ctraxler@jppartners.net 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 Kristi Freeman at (214) 761-6460. North Dallas/ Addison/ Carrollton/ Farmers Branch. Business, Real Estate, Employment, Litigation Law Firm has lease space for one or two attorneys, or for one attorney and staff member. Available early 2012. Seeking compatible persons with similar or augmenting practices, preferably in an “of Counsel” role. Contact Beverly at (214) 764-7976, or email bmooney@metrocrestlaw.com. Large furnished office space available within small real estate law firm located at 4054 McKinney Avenue. Shared conference and break room, copier, fax, DSL & phone equipment are available if needed. There is a possibility of overflow real estate work. No long term commitment and a monthly rate of $650.00. Call (214) 520-0600. Prime 7th Floor Downtown Office Space: Founders Square. 900 Jackson Street @ Griffin, cattycorner from Federal Courthouse, 2 blocks from George Allen Courthouse: 4 great offices available in office sharing arrangement with 4 established solo practitioners. 1 partner office: $998.15/ month; 1 partner office with secretarial carrel: $1,242.98/month. 2-partner office suite with 2 secretarial carrels: $3,141.70/month. Amenities include large conference room, kitchen, workroom, built-in filing cabinets, and reception area. Tenants are responsible for their own telephone/fax/internet. Underground parking available: $140/month reserved $110/month unreserved. Cafeteria, shoeshine and mail room in building. Many
restaurants nearby. Contact Ted Steinke at (214) 747-7148 or ts@tedsteinke.com. Uptown Dallas. Window Office Space Available. We are located on the top floor of the McKinney Place Building in the heart of Uptown Dallas. The suite is shared among five other attorneys. Would prefer experienced State and Federal trial attorney. Shared overhead includes support staff, new NEC phone system, wireless capability, large and small conference rooms and break room. Building amenities include on site security, reserved and visitor parking. Call (214) 7409955 if interested. North Dallas. Sublease a large bright office with a view at 15150 Preston Road from solo attorney. Conference room, reception, telephone system, copier, fax, scanner, highspeed internet and kitchen all with a friendly atmosphere. Call (972) 991-2277 or email don@cticdallas.com for more information. We have an office available in our beautiful offices in Lakewood. We are located at 5838 Live Oak just before it curves into La Vista, in the Cochran Building, a converted home. The particular space has hardwood floors, high ceilings, and a balcony. We have two shared conference areas, and a full kitchen, with oven, stove, full size refrigerator and microwave. We are asking $1100 per month for this great space, includes all utilities except phone/fax. Call Paula at (214) 4201800 or email jerome_stein@hotmail.com.
POSITION AVAILABLE
Dallas boutique business, commercial, bankruptcy, and construction litigation firm seeks stable, reputable, and experienced civil litigator for office sharing or fee split arrangement. Appellate and actual trial and deposition experience a plus. Firm offers first rate office environment and tenured support staff. Hourly overflow work will be regularly available. This is an excellent opportunity for the right attorney with some portable hourly clientele to take advantage of a turn-key office environment. Respond to oaklawnfirm@aol.com. Established Boutique Estate Planning Law Firm in North Dallas has an immediate opening for an experienced estate planning attorney with a strong tax background. Part- or full-time, flexible hours. Email your resume to estateplanningdallas@gmail.com. Unique Law Firm Opportunity. Love practicing law but hate the administrative hassle? Do you want to keep more of your fee income? Bring your self-supporting client base and join a dozen first class business and
family law attorneys in our Campbell Centre offices. Be your own boss, share referrals and be more productive while we deal with your web presence, billing, hiring staff, IT problems, internet research portal, supply ordering, etc. Pay your very affordable share of overhead then take home what you earn. For more information about Palmer & Manuel, contact either Steve Palmer or Rebecca Manuel at (214) 242-6444. Check us out on the web at pamlaw.com or email us at spalmer@pamlaw.com. Mid-sized AV-rated North Dallas firm seeks a partner with portable business of at least $500k in any of the following areas: business litigation, insurance defense, real estate, or construction. Please reply to mssattorneys@gmail.com. Small-sized north Dallas AV law firm seeks part-time (25 hours a week) associate/ of counsel attorney experienced in transactional, tax and/or estate planning law. Prior attorney in this position possessed a Master in Tax degree and experience in the employee benefits area. Perfect for an experienced colleague who wishes a flex time position in his or her career. Respond with cover letter and resume to Dallas Bar Association, Box 11–11A, 2101 Ross Avenue, Dallas, Texas 75201. GEICO staff counsel is seeking a Managing Attorney with insurance defense and trial experience to open their new Tyler, Texas office. The manager will be responsible for administration of the office including oversight of all day-to-day operations; evaluation and maintenance of staffing needs; submission of budgets and business plan, projections and administration of salary plan, merit reviews and performance evaluations. The Managing Attorney will also be responsible for litigation oversight including new case evaluation and case assignments; internal quality audits; trial strategies; and final review of all cases assigned for trial. Proficiency in computer use is a must. Applicant must be a licensed Texas attorney with 10 years of litigation experience in auto defense. Please apply on line at www.geico. jobs. Click Apply Now, Search by keyword ATTORNEY, and location- Texas. Qualified applicants will need to complete the application, include salary requirements, and upload a resume. No relocation expenses covered.
Small entrepreneurial law firm in Addison seeks transactional attorney with 7-10 years’ experience handling complex commercial real estate and financial transactions, and corporate restructures, mergers, acquisitions, and divestitures. Must have high level of proficiency in the use of Microsoft Office, as well as excellent verbal and written communication skills. Negotiation experience and a well drafted set of essential forms a plus. Compensation commensurate with experience. Benefits included. Send resume to inquiry@sbflegal.com.
SERVICES
Diamond And Gold Buyer. Buying all types of Diamonds, Immediate Cash Paid. Consignment terms available @ 10 -20% over CASH. For consultation and offers please call (214) 739-0089 Spanish-language Interpreting Services. Margarita Martín-Hidalgo. State Certified Court Interpreter. Federally Certified Court Interpreter. Tel. (214) 883-1736. E-mail: mmartinhidalgo@me.com. Economic Damages Experts - Thomas Roney has more than twenty years’ experience providing economic consulting services, expert reports and expert testimony in court, deposition and arbitration. His firm specializes in the calculation of economic damages in personal injury, wrongful death, employment, commercial litigation, IP, valuation and divorce matters. Mr. Roney and his experienced team of economic, finance, and CPA experts can help you with a variety of litigation services. Thomas Roney LLC serves attorneys across Texas with offices in Dallas, Fort Worth and Houston. Contact Thomas Roney, Barry Seldon, PhD. or Syd Thompson, MBA in Dallas/Fort Worth (214) 665-9458 or Houston (713) 513-7113. troney@thomasroneyllc.com. Mexican Law Expert - Attorney, former law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues: FNC motions, Mexican claims/defenses, personal injury, moral damages, contract law, corporations. Co-author, leading treatise in field. J.D., Harvard Law. David Lopez, (210) 2229494. dlopez@pulmanlaw.com. Place Your Ad Here! For affordable classified advertising rates call Judi Smalling at (214) 220-7452.
NEED BILLABLE HOURS? Join the DBA Lawyer Referral Service
Log on to www.dallasbar.org/dallas-lawyer-referral-service or call (214) 220-7499.
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€
January 2012
Start the Year With Fantastic CLEs at Belo! Renew or join the Dallas Bar Association now and you can have access to more than 400 free CLE opportunities available this year. To find out more, log on to www.dallasbar.org.
Hon. Andrea Plumlee, Hon. Lynn Cherry, Hon. Johnese Howard, Hon. Scott Beauchamp and Hon. Cheryl Shannon at the CPS Seminar, hosted by the Juvenile Justice Committee.
Students from DISD and Justice Elizabeth Lang-Miers at the Justice in Education Symposium.
Joel Crouch, Phil McCrury, Quentin Brogdon and Robert Tobey at a Tort & Insurance Practice Section CLE. Will Pryor and Mel Wolovits at an Alternative Dispute Resolution Section CLE.
John Kincade, Securities Section Program Chair; Andrew Gillman, Scholarship Winner; Marc Steinberg, Rupert and Lillian Radford Professor of Law at SMU; and Gerry Reihsen; Securities Vice Chair.
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