DBA Headnotes - March 2023

HEADNOTES

HEADNOTES

Sidley Makes a Difference

BY MICHELLE ALDEN

Sidley has stepped forward to support this year’s Equal Access to Justice Campaign (EAJ) with a generous contribution of $25,000. The firm has a long and distinguished history of contributing to the Campaign. Including this gift, they have donated more than $94,500 to legal aid for low-income people in Dallas since 1997. The Campaign is the annual fundraising drive that supports the activities of the Dallas Volunteer Attorney Program (DVAP).

“Sidley has a long history of working with organizations like DVAP and Legal Aid of NorthWest Texas. This year alone our Dallas lawyers dedicated more than 4,900 hours to more than 160 pro bono matters serving those without access to legal services. We are engaged in matters ranging from gaining access for veterans to military and VA benefits to protecting people’s constitutional rights and civil liberties. We are proud of our lawyers and their dedication to serving their communities,” said Yvette Ostolaza, Chair of Sidley’s Management Committee and EAJ Campaign Honorary Co-Chair.

Since their founding in 1866, Sidley has cultivated a tradition of, and commitment

to, pro bono service. As they have grown, so has the reach of their pro bono efforts. From Alabama to Arizona, Colombia to Madagascar, Sidley lawyers and staff devote more than 125,000 hours annually to serving those most in need. Their pro bono work has influenced the legality of Americans to live freely and proudly; protected the constitutional rights of prisoners, including the rights of inmates on death row; saved the lives of immigrants who fled their home countries seeking religious freedom; and lifted up women trying to make

a better life for themselves and their families by starting businesses in developing countries.

With 130 lawyers in Dallas, many more in total on the ground in Texas, and more than 2,300 worldwide, Sidley brings the capabilities of an international, full-service law firm to their Texas clients. Through the firm’s pro bono work, they bring meaningful change to their clients and communities. Sidley provides diverse pro bono services to address the critical legal needs of the firm’s neighbors in the Dallas community. Sidley’s Dallas office

Dallas Rock N’ Roll Lore at the Fifth Circuit Focus Entertainment, Art & Sports Law

BY BENJAMIN L. RIEMER

“Imitation may be the sincerest form of flattery, but it may also lead to jealousy when the imitator succeeds where the imitated does not. In this case, the object of imitation is a rock and roll song.” Daboub v. Gibbons, 42 F.3d 285, 287 (5th Cir. 1995). So began Fifth Circuit Judge Irving Goldberg, in a case emanating from the Northern District of Texas, which pitted members of the early Dallas rock band, the Nightcaps, against the more famous band, ZZ Top. The Nightcaps alleged that ZZ Top included the Nightcaps’ song Thunderbird on the album Fandango without attribution to the Nightcaps.

The case’s factual history uncovers a fascinating look into the history of rock and roll in Dallas. Some of the more senior members of the Dallas Bar, and particularly Dallas natives, may remember the Nightcaps. The Nightcaps were one of the early American electric rock and roll bands, and their influence reached far beyond any recognition the band received.

The Nightcaps were formed in 1958 by lead singer Billy Joe Shine, a Jesuit High School student, with his teenage buddies

Gene Haufler, David Swartz, Mario Daboub, and Jack Allday. The Nightcaps started playing gigs around Dallas, and Shine also proved to be a capable songwriter. He wrote the song Wine, Wine, Wine during a study hall at Jesuit. In 1961, the Nightcaps released their only album, which included their two biggest hits: Wine, Wine, Wine and Thunderbird. They did not formally register a copyright on any of the songs.

The album was a regional hit and inspired many legendary musicians who grew up in Dallas. The same year the album was released, a boy in Oak Cliff named Stevie Ray Vaughn received a Sears guitar for his seventh birthday, and learned to play the instrument by following along to the Nightcaps’ songs. Meanwhile in Lakewood, and more relevant to this article, a 12-year-old named Dusty Hill—the future bassist for the band ZZ Top—was also listening to the Nightcaps.

Fast-forward 14 years. After attending Woodrow Wilson High School in East Dallas, Dusty Hill and drummer Frank Beard moved to Houston and formed the band ZZ Top with Billy Gibbons. By 1975, ZZ Top skyrocketed to fame when they released their fourth album—Fandango. The first side of Fandango

was taken entirely from a live show recorded in New Orleans, and the very first song on the record is a blistering cover of the Nightcaps’ song Thunderbird

The Fandango album cover gave songwriting credit for Thunderbird to the members of ZZ Top, but made no mention of the Nightcaps. By that time, the Nightcaps had long since dissolved and taken day jobs. Fandango sold millions of copies worldwide, and ZZ Top performed the song live countless times since.

Nothing happened for nearly two decades when, in 1992, members of the Nightcaps filed suit against ZZ Top in the Northern District of Texas. There was no dispute that ZZ Top’s version of the song Thunderbird was, “musically and lyrically identical to the version originally written and performed by the Nightcaps.” However, the court dismissed the case on summary judgment based on the statute of limitations.

The Fifth Circuit opinion affirming the dismissal is full of playful musical references throughout. Perhaps most importantly, Justice Goldberg wrote that, “the waltz was over by the time the Nightcaps filed suit.” The court found that the statute of limitations began to run in 1975, when ZZ Top released the album,

All

dedicated more than 4,900 hours to pro bono work in 2022—a significant increase from their 3,000 hours in 2021. Recent successful client partnerships include work with Celanese, JP Morgan, and American Airlines.

In 2007, Sidley created the Veterans Advocacy Project initiative to provide assistance to Veterans. The firm represents Veterans with claims before the Department of Veterans Affairs and petitions to military

continued on page 26

and any cause of action expired by the time the Nightcaps filed suit in 1992. The court flatly rejected the argument presented by the Nightcaps that actionable conduct occurred each time ZZ Top sold an album containing the song—the “continuing tort theory.”

The court’s decision differed from a Fifth Circuit panel opinion rendered only months prior. See Makedwde Pub. Co. v. Johnson, 37 F.3d 180 (5th Cir. 1994). In Makedwde, the court held that liability does arise for, “acts of infringement committed within three years prior to Plaintiffs’ lawsuit.” Subsequent courts have followed Makedwde.

By all accounts, the members of the Nightcaps lived happy lives with their friends and families around Dallas. In the 1990s, the band would reunite to play monthly gigs at the Knights of Columbus, reliving their teenage glory. In 2009, the Nightcaps were honored by the Texas State Senate for their musical contributions. Billy Joe Shine passed away in 2015. He never received a penny in royalties for the song he wrote with his high school buddies. HN

Ben Riemer is a Partner at Bell Nunnally, and an amateur guitar player. He can be reached at briemer@bellnunnally.com.

all your member benefits.

Thank you for your support of the Dallas Bar Association!

Yvette Ostolaza

Aaron Rigby

Robert Velevis

Calendar March Events

WOMEN’S HISTORY MONTH

March is Women’s History Month. For additional resources on Women’s History Month, visit the ABA’s website at https://bit.ly/2Yf9pbJ. To find out more about the Dallas Women Lawyers Association, go to dallaswomenlawyers.org. For more on the DBA’s Diversity Initiatives, log on to www.dallasbar.org.

WEDNESDAY WORKSHOPS

Visit

MONDAY, MARCH 13

Noon Real Property Law Section

“Insurance and Indemnity Provisions in Real Estate Contracts,” Mike Huddleston. (MCLE 1.00)*

Peer Assistance Committee

TUESDAY, MARCH 14

Noon Business Litigation Section

WEDNESDAY, MARCH 22

Noon

MARCH 15

Noon “Safety, Security, and Social Engineering,” Jeff McKissack. (MCLE

Tort & Insurance Practice Section

“2022 Year-End Review of Texas Personal Injury Law,” Chip Brooker. (MCLE 1.00)* In person only Morris Harrell Professionalism Committee. Virtual only

DWLA Board Meeting

6:00 p.m. DAYL Board Meeting

WEDNESDAY, MARCH 8

Noon Bankruptcy & Commercial Law Section

“Ask a Trustee,” Pam Bassell, Anne Burns, Katharine Clark, and Elizabeth Young. (MCLE 1.00)*

In person only

Family Law Section

“Practicing with the 303rd District Court, and Case Law Update,” Hon. LaDeitra Adkins, Hon. Scott Beauchamp, and Chris Meuse. (MCLE 1.00)* In person only

Bench Bar Conference Committee. Virtual only

Public Forum Committee. Virtual only

Summer Law Intern Program Committee. In person only

4:00 p.m. LegalLine E-Clinic. Volunteers needed. Contact mmejia@dallasbar.org.

THURSDAY, MARCH 9

Noon Alternative Dispute Resolution Section

“I Kid You Not! (The Storytellers),” Charles Hosch and Martin Terry. (MCLE 1.00, Ethics 0.50)* Virtual only

CLE Committee. Virtual only

Publications Committee. Virtual only

FRIDAY, MARCH 10

Section

Noon

Hines Blvd.

TUESDAY, MARCH 7

Noon Corporate Counsel Section

“Cybersecurity Contracts—the Good, the Bad and the Ugly,” Lori Meyer Nugent. (Ethics 1.00)*

3:30 p.m. Judicial Investitures Hon. Monique J. Huff, Hon. Marilynn Mayse, Hon. Nancy Mulder, Hon. Dominique Torres Williams, Dallas Criminal Courts. In person only

“Advocacy in the Texas Supreme Court: Tips and Traps,” Hon. Eva Guzman, Raffi Melkonian, and Hon. Evan Young. (MCLE 1.00)* In person only

Immigration Law Section Topic Not Yet Available

Home Project Committee

Legal Ethics Committee. Virtual only

6:00 p.m. Dallas LGBT Bar Association Board Meeting

J.L. Turner Legal Association Board Meeting

WEDNESDAY, MARCH 15

Noon Energy Law Section

“Recent Developments in Deductibility of PostProduction Expenses,” Brandon Durrett. (MCLE 1.00)* In person only

Health Law Section “Nonprofit and Tax-Exempt Issues for Healthcare Lawyers,” Jonathan Blum. (MCLE 1.00)* Virtual only

Wednesday Workshop

“Safety, Security, and Social Engineering,” Jeff McKissack. (MCLE 1.00)*

Law in the School & Community Committee. Virtual only

Pro Bono Activities Committee. Virtual only

4:00 p.m. LegalLine E-Clinic. Volunteers needed. Contact mmejia@dallasbar.org.

THURSDAY, MARCH 16

Noon Appellate Law Section

“Judgments and Mandates in the Fifth Court of Appeals,” Hon. Bill Pedersen. (MCLE 1.00)*

FRIDAY, MARCH 17

No DBA Events Scheduled

MONDAY, MARCH 20

Noon Labor & Employment Law Section

“What Employment Lawyers Need to Know About Criminal Law,”

TUESDAY, MARCH 21

Noon

p.m. DBA New Member Reception. Honoring our New DBA Members and Newly Licensed Attorneys. For more information, contact Shawna Bush at sbush@dallasbar.org. or (214) 220-7414. In Person Only 6:30 p.m. Pickleball Mixer Held at Chicken N Pickle, Grapevine. $18/person. Hosted by the DBA Entertainment Committee. Register at dallasbar.org.

FRIDAY,

MONDAY, MARCH 27 Noon

TUESDAY, MARCH 28

Noon Probate, Trusts & Estates Law Section “Alohomora! Unlocking the Secrets and Estate Taxation,” Lora Davis. (MCLE 1.00)* In person only

WEDNESDAY, MARCH 29

THURSDAY, MARCH 30

Noon Allied Bars Equality Committee DEI Book Club—’The Accommodation’ by Jim Schutze—CLE and Book Discussion,” Paula Blackmon, Leslie Chaggaris, and Jim Schutze. (DEI Ethics 1.00)* *Qualifies as 2023 DBA DEI challenge CLE. Virtual only DBA CSF Board Meeting

FRIDAY, MARCH 31

Noon DBA/DAYL Moms in Law. Thirsty Lion Gastropub in Preston Hollow. RSVP kelly.bryan01@gmail.com.

President’s Column The Best Bar in the World!

BY CHERYL CAMIN MURRAY

Taken from Inaugural Address given on February 11, 2023

I want you all to imagine a time when there is a financial crisis that’s triggering an economic downturn in Europe and North America. Mass transportation is growing resulting in soaring populations in our region. New businesses and buildings are appearing daily in the Dallas metroplex.

Does this sound like today? It’s actually the status of Dallas in 1873, 150 years ago. The year that the Dallas Bar Association was formed.

You may know that this year is the 150th anniversary of the Dallas Bar Association. There is a prestigious list of attorneys who have served as President of the DBA, including Woodall Rogers, who served in 1938. This shows that if you get involved the Dallas Bar association—you too—can have a highway named after you.

By way of background, the DBA was founded by around 40 lawyers; and they held regular meetings in the Oriental Hotel. At that time, the population of Dallas was between 4,000 to 7,000, and Ulysses S. Grant was President of a nation still suffering the aftermath of the civil war.

However, some things have changed, Dallas has certainly grown since that time. We now have close to 12,000 lawyer members in the DBA, much more than the population of Dallas 150 years ago. And the right to bare arms today also means you can wear a sleeveless top.

Thank You

It’s an unbelievable honor to be here serving in this role and have the opportunity to work with such talented leaders for the benefit of the Dallas legal community. And now for your favor part, the thank yous. I would like to read a list of people I would like to thank, but in all seriousness, I would like you all to stand. Thank you for being here to celebrate the Dallas Bar Association, and a special shout-out to the non-lawyers. I appreciate you all. Now the thank yous are done.

Well, I have a few more people I would like to acknowledge. I would like to quickly thank my law firm Katten and all of the fantastic attorneys who are here tonight. I appreciate your amazing support. You can bill your time this evening to the non-billable client matter # 299000-04435. It’s the firm approved Bar activities number.

I also want to thank any other lawyers here tonight from a previous firm that I worked at in the past. I have been employed by a number of prior firms so that could be half this room.

I also would appreciate it if the DBA Professionals would stand or wave. Thank you Alicia Hernandez, Liz Hayden, Mary Ellen Johnson, Jessica Smith, Jessie Smith, Rhonda Thornton,, and the other DBA professionals for everything you do for the Dallas Bar Association and its members. You are the heart of the DBA.

I will make a few comments about my family who are all here at this table. I will start with my loving husband Blake. Here are a couple of pictures of us from our save the date for our wedding in 2011. We are in our wedding clothes actually jumping into a lake in our backyard. These are pictures taken for our save the date card for our wedding, which stated “we are taking the plunge.” By the way, we took that picture in November and the lake was freezing. Don’t recommend it. Blake and I have a lot of fun together.

Actually, when Blake heard that I wanted get more involved in the Bar, he was thrilled, until he found out that this was not the kind of Bar that is in the business of serving draft beer and cocktails. Blake, thank you for your love, support, listening ear, and for being an amazing Dad to our kids. Most importantly, I can’t thank you enough for sticking around tonight to hear the Dallas Bar President’s speech.

Also joining us are our seven-year-old triplets, Piper, Tess, and Connor. I want to say how proud I am of you. They have accomplished so much in their 7 short years, and most importantly they have learned how to smile in pictures. Here is the before picture from one of our first holiday cards, not quite looking at the camera. Now look at them in these smiling pictures. These photos only took 48 takes to get it right. Piper, Tess and Connor, I love you to infinity. I can’t thank you enough for taking the night off from your iPads to join us this evening.

My mother, Linda Camin, has joined us. Mom mother was a local legend in nursing. I’m very proud of her. Thank you for your love, emotional and financial support and tremendous generosity over the years. You have been a wonderful role model for me. You taught me to be professional, dedicated, and work hard, and, in particular, I learned from you that cooking a nice dinner for your family includes picking up takeout.

My sister Carrie Camin is here. Carrie, you are gifted, just like our Dad, in making challenges better with your sense of humor. You are thoughtful and supportive and the best sister a person could have, and my favorite sister, and that is not just because you are my only sister.

Dan Rowan is also here. Dan, thank you for all your support for our family. Hang in there, I know my family has a tendency to talk at the same time, someday you’ll get a word in. Blake is still trying.

Lili and Ray McCollum have joined us. They are members of

our family. Lili has been our nanny since the kids were born. She not only packs snacks for the kids, but she does for me as well. Ray is her devoted and loving husband and uncle to the triplets. Lili, what would we do without you? You have been incredible support for our family and give 110% and so much love in everything you do.

I love all of you at this table so much and can’t thank you enough for your incredible support. You are my world, and you being here tonight means everything.

Much love also goes to Blake’s parents, Marty and Mike Murray, and his sister, Michelle Murray, as well as grandmother, Martha a/k/a “Mima” LeVelle, and his Aunt Nancy, who couldn’t join us tonight.

I would also like to thank my friends who are in attendance today (lawyers and non-lawyers). I have a number of people here that have been a huge part of my life through the years. You know who you are and I love you! You are my heroes. I look forward to making many more wonderful memories with you.

My amazing Dad, Larry Camin, couldn’t be with us tonight. He passed away on December 25 of this past year. He was the most thoughtful, humble and quick-witted person on the planet. He was very punny. He took Dad jokes to a new level. Tonight is dedicated to him and all loved ones who have been lost, but who will forever be remembered and in our hearts. During his last speech at his 90th birthday, he said “family is a treasure and you should treasure and tell one another what you mean to each other.”

This great advice holds true for the legal community. We are so fortunate to have the precious legal education that brings us together and binds us. In our firms, companies and governmental organizations we support each other and have each other’s backs. We may be opposite a case or negotiation, but at the end of the day, we have a lot in common through our legal education. Our friends, spouses, significant others, and family members are part of this legal community through their advice, backing and patience. Let’s not forget to treasure each other, respect each other, help each other, and tell what we mean to each other.

Allied Bars

Speaking of treasure, The DBA is certainly, in my mind, the jewel of the legal community. We are fortunate to have an incredible kinship with our allied bars: the Dallas Asian American Bar Association, Dallas Association of Young Lawyers, Dallas Hispanic Bar Association, Dallas LGBT Bar Association, Dallas Women Lawyers Association, and J.L. Turner Legal Association—who all have their Presidents and President-elects on our DBA Board. Thanks to them, our Board is stronger and able to make fiduciary decisions through an incredible array of perspectives, and we are so appreciative of them.

Upcoming Projects

Now let me ask you, how many of you are a little burned and feeling tired, overwhelmed and out of balance? Well, you should take a vacation. In addition, we can help you. We have a new DBA project this year that can help bring you back into balance. Through the leadership of Jennifer King, a Partner at Burford & Ryburn, and Lauren Black, the Deputy Administrator at the Dallas County District Attorney’s Office, we’ll be offering a Professional Personal Parity Program. Say that three times fast.

We as lawyers are encouraged to work, and work, and then work some more in order to be successful in our careers. However, we need to make sure we take care of ourselves and our families. If your physical or mental health fails then this may result in burn-out and your practice of law may not be sustainable.

We are focusing on initiatives that can help attorneys to practice smarter, be more fulfilled and have more of an equilibrium between their personal lives and career commitments. Please keep an eye out for the upcoming Professional Personal Parity Programs sponsored by the DBA.

Another new initiative that I would like to highlight is a project where we are looking at ways for the DBA to better engage the leadership of large firms, and firms of all sizes, including those firms that are headquartered outside of Texas. Managing Partners, please keep an eye out for new opportunities on how we can inspire you and your lawyers to help make your firms and your legal teams the best they can be. We plan to host forums for Managing Partners to get together and learn best practices from each other.

We also want to toast those attorneys who have been elevated to partnership at their firms or to a higher position in their in-house or government departments. We will be hosting a leadership program and celebratory event in honor of these newly promoted lawyers.

This newly formed Law Firm Engagement and Promotion Committee is Chaired by former Justice Doug Lang, Senior Counsel at Thompson Coburn LLP, Vicki Blanton, Senior Legal Counsel at AT&T, and Hilda Galvan, Partner-in-Charge of the Dallas office of Jones Day.

In addition, we plan to sprinkle throughout the year special family-oriented events including a new Halloween party at the Arts District Mansion. It will be spooktacular. There will be no tricks just treats. This event will surely have more ghosts than your law office

Headnotes

Published by: DALLAS BAR ASSOCIATION

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: Cheryl Camin Murray

President-Elect: Bill Mateja

First Vice President: Vicki D. Blanton

Second Vice President: Jonathan Childers

Secretary-Treasurer: Kandace Walter

Immediate Past President: Krisi Kastl

Directors: Katie Anderson, Alison Ashmore (President, Dallas Women Lawyers Association), Lauren Black, Callie Butcher (President, Dallas LGBT Bar Association), Rob Cañas, Stephanie G. Culpepper (Vice Chair), Rocio Garcia Espinoza, Hilda Galvan, Carla Verena Green (President, Dallas Hispanic Bar Association), Amber Hamilton Gregg (President, J.L. Turner Legal Association), Hon. Martin Hoffman, Nicole Muñoz Huschka (President, Dallas Association of Young Lawyers), Andy Jones, Jennifer King, Derek Mergele-Rust, Hon. Audrey Moorehead, Timothy Newman, Hon. Erin Nowell, Sarah Rogers (Chair), Janet Landry Smith (President, Dallas Asian American Bar Association), and Drew Spaniol

Advisory Directors: Stephanie Almeter (PresidentElect, Dallas Women Lawyers Association), Kristine Cruz (President-Elect, Dallas Asian American Bar Association), Trerod Hall (President-Elect, J.L. Turner Legal Association), Haleigh Jones (President-Elect, Dallas Association of Young Lawyers), Edward Loya Jr. (President-Elect, Dallas Hispanic Bar Association), and Elissa Wev (President-Elect, Dallas LGBT Bar Association)

Delegates, American Bar Association: Rhonda Hunter, Mark Sales

Directors, State Bar of Texas: Chad Baruch, Mary Scott, Paul Stafford, Robert Tobey, Aaron Tobin

HEADNOTES

Executive Director/Executive Editor: Alicia Hernandez

Communications/Media Director & Headnotes Editor: Jessica D. Smith

In the News: Judi Smalling

Display Advertising: Annette Planey, Jessica Smith

PUBLICATIONS COMMITTEE

Co-Chairs: Elisaveta (Leiza) Dolghih and Ted Huffman

Co-Vice-Chairs: Gracen Daniel and John Koetter

DBA & DBF STAFF

Executive Director: Alicia Hernandez

Accounting Assistant: Jessie Smith

Communications/Media Director: Jessica D. Smith

Controller: Sherri Evans

Events Director: Rhonda Thornton

Executive Assistant: Elizabeth Hayden

Executive Director, DBF: Elizabeth Philipp

LRS Director: Biridiana Avina

LRS Interviewer: Giovanna Alvarado

LRS Program Assistant: Marcela Mejia

Legal Education Coordinator: Viridiana Rodriguez

Director of Marketing: Mary Ellen Johnson

Membership Director: Shawna Bush

Publications Coordinator: Judi Smalling

Receptionist/CLE Coordinator: Araceli Rodriguez

Staff Assistant: Yedenia Hinojos

Texas High School Mock Trial & Law Related

Education Director: Melissa Garcia

DALLAS VOLUNTEER ATTORNEY PROGRAM

Director: Michelle Alden

Managing Attorney: Holly Griffin

Mentor Attorneys: Kristen Salas, Katherine Saldana

Paralegals: Whitney Breheny, Miriam Caporal, Tina Douglas, Carolyn Johnson, Suzanne Matthews, Andrew Musquiz, Alicia Perkins, Lorena Santillan

Program Assistant: Laci Payton

Community Engagement Coordinator: Marísela Martin

Secretary: Charnese Garrett

Copyright Dallas Bar Association 2023. 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 800 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.

What Attorneys Need to Know About the Copyright Claims Board

BY THOMAS MADDREY

In December of 2020, after being passed by both houses of Congress, the President signed the Copyright Alternative in Small-Claims Enforcement Act (CASE Act), a new law that directed the U.S. Copyright Office (USCO) to develop and establish a “small-claims” type tribunal to hear certain types of copyright disputes. The law gave the USCO 18 months to create the newly named Copyright Claims Board (CCB), and on June 16, 2022, the CCB began accepting claims. If you are an IP attorney or a business attorney who advises clients on copyright-related matters, you need to understand what the CCB is, what it is not, and what questions you might get from your clients.

Copyright Claims Board Basics

The CCB is designed to be a voluntary tribunal for copyright disputes where the amount in controversy is less than $30,000. The tribunal is led by three officers, all of whom are subject matter specialists in copyright matters. While the CCB is run out of the USCO offices in Washington, D.C., the proceedings are all handled remotely, allowing anyone to bring disputes without incurring the cost of travel. There are even provisions for “micro-claims” where claims totaling $5,000 or less can be heard by just one of the three officers in a streamlined proceeding.

The CCB can hear multiple types of copyright claims including claims for infringement of one of the exclusive rights enumerated in the Copyright

Act, claims seeking declarations of noninfringement, and claims of misrepresentation under the Digital Millennium Copyright Act. After hearing the claims, the CCB officers primarily make monetary awards up to the $30,000 cap. Notably, the CCB cannot issue injunctive relief sua sponte, but if the parties include agreements to cease certain activities in a settlement, the CCB can include those agreements in their determination.

While the CCB was designed to be accessible to individuals pro se, parties may certainly have an attorney represent them, and many do. In fact, the latest statistics show about half of the participants have some level of professional representation. Additionally, the law allows for pro bono and legal clinic participants to appear in front of the CCB as well. The website ccb.gov is the tribunal’s home and is the gateway for all claims, responses, and the most up-todate information.

What the CCB Is Not

Becuase the CCB is voluntary, the respondent has the opportunity to opt-out of the proceeding. There is no penalty for doing so, and for many respondents, were they to receive a letter indicating they have been served with a claim, opting out may be a wise course of action. This is worth careful consideration, however, as the cost of defense in a federal court on a copyright dispute can, and often will, skyrocket into the hundreds of thousands of dollars. By engaging in the CCB proceeding and not opting out, respondents can significantly curtail the downside risk of a large award were the tribunal to find

against them. With a total cap of $30,000, many individuals and businesses will find the CCB to be a valuable venue to resolve these types of disputes.

Additionally, the CCB may not be the right venue for every smaller claim either. Because the cap of $30,000 is for all the infringements brought in the claim, instead of per infringement as in federal court, the CCB may not be the correct venue if you are unsure of how many infringements have occurred or where they might have been located. For example, a photographer would likely find the CCB to be a great option if they find a photograph of theirs used one time on a website without authorization, but that same photographer would likely not want to appeal to the CCB if they believe that a clothing company is going to use their image on an unknown quantity of products. As in all things, matching the solution with the problem is paramount when examining CCB claims and responses.

In your practice, you may represent copyright owners, you may work with copyright users, or both. No matter what types of clients you represent, you may be asked about filing or responding to a CCB claim in the coming months and years. For some clients and for smaller claims, you might advise them to proceed in the CCB pro se, while in other, more complex matters, you might advise that federal court is a better venue. But for many individuals and businesses, the CCB is a welcome alternative to the uncertainty and high cost of federal court litigation. HN

Thomas Maddrey is the Founder and Managing Member of Maddrey PLLC. He can be reached at tbm@maddreypllc.com.

Fitzpatrick ✯ Jim Jacks ✯ Bob Smith ✯ Mike Uhl ✯ Ritch Roberts

Our team includes highly-experienced and highly-respected attorneys who provide outstanding legal proficiency combined with empathetic service to clients facing family law challenges.

Many clients wish to incorporate charitable giving into their estate plans, whether through lifetime charitable pledges or at death through charitable bequests. To ensure that a client’s charitable goals are realized, advisors should be aware of certain traps for the unwary.

Suppose a donor wishes to leave assets to a charitable organization. In that case, it is important that the donor’s last will and testament or trust agreement, as applicable, clearly and unequivocally identifies the organization. Failure to do so may result in ambiguities regarding the intended charitable recipient. For example, assume Daisy Donor would like to name her local animal shelter as a devisee in her will. She describes the shelter as the “ASPCA of North Texas,” and her attorney, without further inquiry, incorporates the animal shelter into Daisy’s will. However, the “ASPCA of North Texas” is not a recognized legal entity. Daisy’s local shelter actually operates under the name of “SPCA of

Texas, Inc.” Upon Daisy’s death, the executor of her estate then faces a difficult question: did Daisy intend to name SPCA of Texas, Inc. as a devisee, or did she intend to name the American Society for the Prevention of Cruelty to Animals (ASPCA)?

While the executor and Daisy’s attorney may feel confident that Daisy intended to name SPCA of Texas, Inc., the ASPCA may nevertheless bring a legal action to assert its claim over the bequest, especially if the bequest is of significant value. To have avoided this confusion, Daisy’s attorney should have clarified Daisy’s intent by asking whether there was a specific shelter Daisy hoped to benefit. The attorney should have utilized the Internal Revenue Service’s tax-exempt organization search tool to determine whether the “ASPCA of North Texas” was a recognized charitable organization. Had they done so, they would have realized the ambiguity between the SPCA of Texas, Inc., headquartered in Texas, and the ASPCA, headquartered in New York. Upon discussing these two entities with Daisy, the attorney could

have clearly identified the charity’s legal name in Daisy’s will, along with its employer identification number.

While some clients may choose to postpone charitable giving until their deaths, others may wish to engage in philanthropic endeavors during their lifetimes through charitable pledges. Often, a donor will pledge a certain amount to a charity to be paid in installments over a term of years. Pledge agreements vary in complexity, with some simply stating the payment terms and others specifically directing how and when the charity will use the donated funds.

Because pledges often span several years, it is not uncommon for a donor to pass away during the installment payment period without having satisfied the full pledged amount. If the donor’s estate plan does not mention the pledge at issue, the fiduciary may face a quandary over whether to treat the pledge as an enforceable claim against the estate. For example, assume Patrick Pledgor entered into a five-year pledge agreement with a university, with a total amount of $5 million to be paid in equal annual installments. The pledge agreement was a simple onepage document containing only the payment terms and did not direct how the university would expend the funds. Patrick died four years later, with the pledge having an unpaid balance of $1 million. Patrick’s estate consists of only $1 million of assets at the time of his death. If the pledge is respected,

the university, which is not named in Patrick’s estate plan, will receive Patrick’s entire estate. If the pledge is not respected, Patrick’s children, each specifically named as a beneficiary under Patrick’s estate plan, will share in the estate’s assets. The executor must now balance its fiduciary duties to Patrick’s children, as beneficiaries of the estate, with its obligation to pay enforceable claims against the estate.

The primary question is whether Patrick’s charitable pledge is enforceable. In general, the executor may give effect to Patrick’s lifetime charitable intent if he determines that (i) Patrick received a benefit under the pledge agreement in exchange for making the pledge or (ii) the university detrimentally relied upon the pledge agreement. To avoid these legal questions of enforceability and to ensure Patrick’s charitable intent is respected, Patrick could have included language in his estate plan requiring the fiduciary to satisfy any outstanding charitable pledges as either the payment of an enforceable claim or as a charitable bequest, but not both. Such direction would allow the fiduciary to pay the charitable pledge without violating its fiduciary duties to the estate’s beneficiaries.

In sum, if a client has charitable intent, drafting attorneys should make that intent clear.

Esports: Caution Kids at Play

BY SHEREEN EL DOMEIRI

Esports—competitive video gaming— is a fast-growing entertainment and sports industry in the U.S. and around the world. DFW is a major hub for esports in the U.S. and is home to two esports stadiums, as well as a myriad of company headquarters that are part of the esports ecosystem, including professional teams, game developers and publishers, and talent agencies. Esports is still a young industry like the demographic that engages and participates in it.

While the areas of law esports touches is expansive, this article focuses on legal issues involving its young consumer demographic.

The average professional esports athlete is 21.5 years old. The video games played on a professional level are available to anyone who has the appropriate equipment (a computer, video game console, or smartphone) and the ability to purchase the games. Before they become professional gamers, esports athletes learn at an early age how to play at home and engage with the games and other players via the metaverse.

Privacy and Consumer Protection Considerations

During and post-pandemic, children

spent more time online than ever before, which included an increase of children engaging in gaming and socializing online.

According to a report prepared by Global Web Index (GWI), a marketing analytics provider, gaming is part of daily life activity for over 70 percent of children aged 8 to 15, and approximately 50 percent of those children socialize via online gaming.

The Federal Trade Commission (FTC) took notice of this trend and made clear in 2022 that protecting children and their privacy online was a top agency priority. The primary U.S. regulation of online services for children is the Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. §§6501-6506.

Under COPPA, a “child” is anyone under the age of 13; however, in the past few years, regulators have turned their focus to teens. Both the United Kingdom and the state of California enacted Age-Appropriate Design Code acts applicable to businesses providing online services or products likely to be accessed by children under the age of 18. Similarly, during the last legislative session, two bills were introduced in Congress (H.R. 4801 and H.R. 1781) to protect children engaging online, both of which considered raising the age of a child to be more aligned with the California and U.K. regulations.

In December 2022, the FTC announced a settlement with Epic Games, developer and creator of the highly popular game and esports title “Fortnite,” for violations of the FTC Act and the Children’s Online Privacy Protection Rule (COPPA Rule). The $275 million settlement for violation of the COPPA Rule is the largest penalty ever obtained for an FTC violation. The FTC indicated that not only is the COPPA Rule focused on protecting children under 13, but more broadly protects teenagers as they increasingly engage with businesses online.

In the complaint, the FTC alleged that Epic was aware many children were playing Fortnite and collected their data without obtaining verifiable parental consent required by COPPA. The FTC also alleged Epic engaged in unfair and deceptive practices by failing to institute appropriate privacy settings for display of player names and its default chat feature, both of which were harmful to children.

This settlement, paired with new privacy and consumer protection regulations, is instructive to the esports industry to ensure consideration of appropriate controls in product and service design, particularly considering the large demographic of teens and children who play, and interact with esports.

Contract and Agreement Considerations

Another area of concern, particularly for

teens, is the imbalance of power in contract and agreement negotiations due to the lack of regulations or support ecosystem of esports talent agents, managers, attorneys, and labor unions. While some countries have instituted formal esports regulations, the U.S. is currently self-regulated with only a few independent regulatory organizations primarily focusing on doping, cheating, and gambling. At the collegiate level, the NCAA has not designated esports as a college sport, further adding to the lack of regulatory oversight and guidance.

In the pro-gamer contract scenario, young gamers are negotiating with teams typically owned and managed by game developers and distributors. Prior litigation, such as Tfue v. FaZe Clan, alleges this contracting imbalance with contract terms considerably more favorable to the team than the young player, among other issues. Esports implicates a myriad of labor and employment issues, such as child labor and employee misclassification, and players’ intellectual property rights.

These issues must be carefully considered to ensure fair dealings with young esports athletes. As the esports industry continues to grow, there are many facets for lawyers to provide guidance through its growing pains and level up. HN

Shereen El Domeiri is a certified privacy professional and Founding Attorney of Domeiri PLLC. She may be reached at shereen@domeiri.com

The Inaugural of Cheryl Camin Murray

The Inaugural of Cheryl Camin Murray, DBA’s 114th President, was held February 11, 2023, at the Westin Galleria Dallas. It was an elegant evening, with fashionably dressed guests, a silent and live auction, a casino party, and dancing. Each year, the Inaugural is the culmination of the Campaign for Equal Access to Justice. This year, more than $1.26 million was raised for the Dallas Volunteer Attorney Program. Congratulations to this year’s Ticket to Drive Raffle winner: Todd Wright, who will take home a 2023 Lexus NX 250 and runner up David Taubenfeld, winner of the vacation travel package.

The Best Bar in the World!

CONTINUED FROM PAGE 4

on a Friday afternoon.

By the way, did I mention it’s the 150th anniversary of the Dallas Bar Association? You may have noticed there are two 150th anniversary specialty drinks available tonight—an “Old Fashioned” and Kir Royale—but these beverages are only available to those who survive my entire speech.

In addition, you should have received a save the date gift of chocolates for our amazing 150th anniversary celebration at the Arts District Mansion on October 7, 2023. This is the actual birthday of the Dallas Bar Association. Please save the date. It is a once in a lifetime opportunity to celebrate a 150th birthday! Don’t you all feel younger?

We have an incredible 150th Anniversary Committee Co-Chaired by Stephanie

Gause Culpepper, Senior Managing Counsel at Lument, and Sarah Rogers, Partner at Thompson Coe, who are organizing special activities, as well as this amazing birthday party—so stay tuned.

Again, it is a tremendous honor to serve you as the President of the Dallas Bar Association. I have an open-door policy. I welcome your feedback and suggestions. I promise to work hard for you and try my best this

year. I encourage you to get involved if you have not already. Working together we can make a difference—have an impact—and develop some incredible memories.

Some of you may have heard me say this, but thanks to the tremendous talent in this room, and the other members of the DBA, I honestly believe that the Dallas Bar Association is not only the best Bar in the nation, it is the best Bar in the world! HN

DBA’s 114th President

North Texas and the Digital Session Royalty Class Action

BY ERIC ZUKOSKI AND ROGER MANDEL

While they are not as famous as the recording artists they backed, without the Wrecking Crew, the Swampers, the Hollywood Studio Symphony, and thousands of other studio musicians and background vocalists, the records we love would not be the same. A capella albums by our favorite vocalists would be great to listen to once or twice, but we would not listen to them over and over again were it not for these largely unrecognized session artists and their ability to turn a single vocal track into an enduring work of art.

On June 29, 2022, a declaration was filed in federal district court in New York confirming that $45 million had been paid to 61,298 such session musicians and background vocalists as the result of a class action led by six Texans who performed on recordings by Pitbull, Kesha, Sublime, Flo Rida, LeAnn Rimes, and many others. The settlement was the result of a class action lawsuit filed five years earlier against the fund that administers the statutory “digital session royalty” owed to session musicians and background vocalists for airplay on digital mediums.

Historically, U.S. session musicians and background vocalists have received very

little financial compensation despite their monumental artistic contribution to American music. This is mainly due to a peculiarity of copyright law in the U.S. There is no performance right for recordings played on terrestrial (over-the-air) radio. Most commentators attribute this to the lobbying strength of the National Association of Broadcasters (NAB), but in any case, the result is that the U.S. is one of only four countries in the world (the others being Iran, North Korea, and China) that do not recognize this right. However, beginning in the mid-1990s, thanks largely to efforts by the American Federation of Musicians and Screen Actors Guild-American Federation of Television & Radio Artists, things turned for the better when Congress enacted the Digital Performance Right in Sound Recordings Act and later the Digital Millennium Copyright Act. These efforts took place without strenuous objection from the NAB, reportedly based on the NAB’s belief that digital music consumption would not likely take hold in the long term. These Acts amended the U.S. Copyright Act to include a royalty for “nonfeatured performers,” such as session musicians and background vocalists, for certain records played on non-interactive streaming sites, (such as Pandora, iHeart Radio), digital

satellite radio (SiriusXM), and digital cable (Music Choice).

Despite a royalty in the text of the U.S. Copyright Act, a significant number of session artists were not aware of the royalty; nor were they receiving checks. The initial catalyst for this nationwide class action was the work of a Rockwall harmonica player, Paul Harrington, who recorded the harmonica part on “Timber” by Pitbull and Kesha in a Dallas recording studio. The record became the most popular single in the world the year after it was released, with Paul Harrington receiving only a small session fee and having no idea that he might be owed a royalty, let alone how to claim it.

Although the class representatives were from Texas, the fund that administers the royalty was a New York trust, and the complaint was filed in New York federal district court. The case progressed through the discovery and motion stages, and ultimately the class was certified and the case was settled.

The most significant structural deficiencies that the settlement addresses involve the size of the session artist pool and the resulting magnitude of work required to track down and pay the session musicians and background vocalists entitled to payments. The settlement seeks to remedy this by including a mandatory media campaign to raise awareness of the digital session royalty and the process for making claims. As with songwriters,

who are generally aware from handed-down knowledge that they need to claim performance royalties through their performing rights organization (primarily Broadcast Music, Inc. and American Society of Composers, Authors & Publishers), the idea was to create enough awareness that session musicians and background vocalists would self-claim their royalties.

For session musicians and background vocalists that do not self-claim their royalties, the settlement includes provisions requiring the fund that administers the royalty to take additional measures to find the intended beneficiaries, including internet, social media, and Accurint searches. The settlement also includes pro-rata distributions of leftover funds. Finally, it replaces fund guidelines that had discouraged session artists from making claims.

On June 29, 2022, the fund certified that it had fulfilled the financial terms of the settlement. Although the digital session royalty class action had its genesis in North Texas, its impact will be felt by session musicians and background vocalists nationally, and its effects will last long beyond the initial payout period. HN

Eric Zukoski is a Shareholder at Quilling, Selander, Lownds, Winslett and Moser, P.C., and can be reached at ezukoski@qslwm.com. Roger Mandel is a Shareholder at Jeeves Mandel Law Group, P.C., and can be reached at rmandel@jeevesmandellawgroup.com.

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The DBA and Dallas During the 1960s—Changes and Challenges

JESSICA D. SMITH

When we reflect on the 1960s, we often think of the words volatility, radical, free-love, and civil rights. Notable events during that time included everything from the Equal Pay Act to the Civil Rights Act to the Voting Rights Act, as well as a heightened focus on the war in Vietnam and the hippies of Woodstock. But unfortunately, one event in 1963 would change the course of our city, our country, and the world—the assassination of President John F. Kennedy in Dallas on November 22, 1963.

The Dallas Bar Association was involved in many aspects of events that unfolded in this era. In the early 1960s, DBA membership was over 1,400 strong and meetings were held in the Adolphus Hotel and Tower. Desegregation and school integration were being enacted throughout the country and were topics that caused much tension and disagreement. The DBA believed in assisting in this peaceful transition, and accordingly, the Board of Directors voted unanimously to work with the Dallas Citizens Council on peaceful integration of schools in Dallas.

During this time, the DBA also admitted its first African-American members: Fred Finch, Jr. in 1963, and L.A. Bedford, Jr. in 1964. Mr. Finch was a native of Dallas, a cum laude graduate of Wiley College, an Air Force Veteran, and a 1954 graduate of Harvard Law School. Upon

applying for membership, the admissions committee denied Finch’s application, much to the dismay of the President and the Board of Directors. They reviewed and subsequently approved his application, then voted unanimously to submit it to the full membership for a vote. After much discussion, the vote passed and Finch became the first African-American member of the DBA.

Shortly afterward, the Board visited with William J. Durham, Crawford B. Bunkley, and Mr. Bedford, who had previously been denied membership, and

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asked them to reapply. While Bunkley and Durham declined at the time, they urged Bedford, a Dallas native and Brooklyn Law School graduate, to take advantage of the offer, which he did; thus, he became the second African-American member of the DBA. Bedford would go on to have a prolific legal career in Dallas, becoming a member of the DBA Board of Directors, a trustee of the Dallas Bar Foundation, the first recipient of the DBA’s Martin Luther King Jr. Justice Award, and one of the DBA’s Trial Lawyers of the Year. He would go on to be

inducted into the National Bar Association’s Hall of Fame and became a founding member of the J.L. Turner Legal Association, Dallas’ African-American Bar Association. In addition, he became the first African-American judge to serve in Dallas County, serving from 1966 to 1980, and was later appointed to the Commission for Nominating Federal Circuit Court Judges for the Fifth Circuit by President Jimmy Carter.

H. Louis Nichols was President of the DBA in 1963. As we have often heard DBA presidents say, “there is the year that you plan, and the year that you get.” I doubt 1963 was the year Mr. Nichols envisioned. While he was instrumental in convincing the Board to admit its first African-American members, and move the DBA forward in many ways, it was also, unfortunately, during his DBA presidency that President Kennedy was assassinated in Dallas.

On that fateful day, members of the Bar were meeting at the Adolphus for their regular luncheon and legal clinic; crowded around the windows waiting for the motorcade to pass by, they were out of hearing range when the rifle shots echoed in Dealey Plaza.

Mr. Nichols soon became more involved than he probably ever imagined. Shortly after Lee Harvey Oswald’s arrest, Nichols began receiving numerous

continued on next page

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Crawford B. Bunkley L.A. Bedford, Jr.

calls from lawyers who were concerned about media reports that Oswald could not get legal representation. Mr. Nichols spoke with both District Attorney Henry Wade and Police Captain Glen King—no one could provide him with a definitive answer. So, on that Saturday evening, DBA President Nichols visited Oswald’s City Hall jail cell to inquire if the accused assassin wanted his, or the DBA’s, assistance in acquiring an attorney. Oswald declined local legal services, saying that he had already made his legal request known to police officials. Nichols then left the jail cell, feeling that he had done his duty as president of the Dallas Bar Association. Upon leaving the building, he found himself immediately surrounded by journalists and television cameramen. Nichols reported to them what had transpired in his brief meeting with Oswald. Video is available at youtube.com/watch?v=KDViJgIEurI.

While the world looked on with shock and grief as President Kennedy was pronounced deceased, the remainder of the presidential party headed to the safety of Air Force One. Vice President Lyndon B. Johnson immediately got on the phone and declared “Get Sarah Hughes,” referring to Judge Sarah T. Hughes, who became the state’s first female District Judge in 1935. Judge Hughes was not in her office at the time, as she had been on her way to view the motorcade; so LBJ

called several Dallas lawyers he knew, and Judge Hughes was soon located. She reported to Air Force One as fast as possible, and shortly after 2:30 p.m. issued the Oath of Office to President Lyndon B. Johnson. The plane immediately departed to Washington, D.C.

As the nation mourned, more chaos ensued that weekend, as the city reacted to local nightclub owner Jack Ruby shooting Oswald while in the custody of Dallas Police. The wrath of the nation turned from the alleged assassin to the Dallas

Looking Back on the DBA

who would be presiding over the trial. The board resolved that broadcasting or televising any proceedings would be “detrimental to the due and orderly administration of justice and the maintenance of the dignity and decorum of such proceedings.” Judge Brown agreed and announced that there would be no televising the trial itself; only the announcement of the jury’s verdict.

Police Department and the City of Dallas. The arrest and trial of Jack Ruby quickly garnered a lot of attention. With enormous pressure for information about the trial, the possibility arose that it could be televised— which had never before been done.

Those events led the world, and the DBA Board of Directors, to discuss the potential impact on the legal profession should the trial be televised. The DBA Board of Directors unanimously believed that it should not be televised and forwarded its resolution to Judge Joe Brown,

More stories could be told about the DBA, its members, and local attorneys during this time, including that of attorney Sam Passman, to whom Mr. Zapruder brought his famous video recording (www.passmanjones.com/ heritage/1963.4e074085/the-film), or Paul Carrington, past president of the DBA and member of the ABA House of Delegates, who urged the State Bar of Texas to explore the possibilities for avoiding future excesses of publicity on the part of attorneys, officers, courts, on news media and those connected with them, whenever the publicity relates to a crime of the alleged criminal.

However, for this month’s article we will have to end here, but our fascinating history lesson will continue in the April issue. Please note that several parts of this article were taken from Darwin Payne’s book As Old As Dallas Itself, which can be found at your local library. HN

The story and timeline continue in each issue of Headnotes this year. Look for part four in the April issue.

DBA membership jumped to over 1,400 lawyers; DBA offices moved to rented space in the Adolphus Hotel, and then to the Adolphus Tower on the corner of Main and Akard.

DBA Board of Directors agrees unanimously to cooperate with the Dallas Citizens Council to promote the peaceful integration of schools.

DBA President H. Louis Nichols visits the City Hall jail cell of accused assassin of President John F. Kennedy, Lee Harvey Oswald, to determine if Oswald has legal representation.

DBA membership is nearly 1,500. Cost of daily buffet increases to $2.34.

Dallas Junior Bar Association (now Dallas Association of Young Lawyers) receives a seat on the DBA Board of Directors.

DBA admits its first African-American member(s) - Fred Finch, Jr. (1963) and L.A. Bedford, Jr. (1964).

DBA President H. Louis Nichols talks to media after meeting with Lee Harvey Oswald.

The timeline continues in each issue of Headnotes this year. Look for part four in the April issue.

The Dallas Women Lawyers Association—Growth and Expansion

BY KERRI ANN PANCHUK

If there is one thing that defines the Dallas Women Lawyers Association (DWLA), it is the group’s ongoing commitment to growing its membership ranks. From what began as just a handful of women lawyers who met informally in 1968, DWLA has grown into a powerhouse organization of networking and skills development, reaching its largest membership base of almost 1,400 lawyers last year.

Heading into March 2023, which is notably Women’s History Month, the organization’s President Alison Ashmore, a Member at Dykema Gossett PLLC, and President-Elect Stephanie M. Almeter, a partner at McCathern, Shokouhi, Evans, Grinke, PLLC are focused on not only growing DWLA’s membership, but also expanding the organization’s membership by focusing on Dallas-area women attorneys in the areas of solo practitioners, government attorneys, criminal lawyers, and areas that have been less represented in DWLA. Expanding the ranks to include all practice areas will allow DWLA to offer mentorship in critical niche areas where other women are looking to network and mentor.

“Women in the legal profession continue to face challenges such as unequal pay, balancing work-personal life, and gender bias,” said Ashmore. “There is not an easy or fast solution to any of these problems, but progress is being made. DWLA supports women at all stages of their careers and provides mentoring and training that addresses all of these challenges. Connecting women of varying practice types and career levels enables women to envision different career paths and definitions of success in the legal profession.”

Almeter and Ashmore view mentorship

as one of the pillars of DWLA.

“I think a personal anecdote is helpful here: I started off in the organization as a mentee and committee member, and the connections, work and ‘life’ advice, and friendships I formed were invaluable,” said Almeter. “As I grew with DWLA, I began taking on more leadership roles as I wanted to help shape future generations of female lawyers and better the profession for women in the legal field.”

Despite a pandemic in 2020 and 2021 that continues to weigh on the legal profession, DWLA had one of its best years in 2022 from a recruitment standpoint.

In 2023, DWLA will continue its focus on networking and connectivity through its signature awards reception in the fall, where the Louise B. Raggio Award will be presented to a women trailblazer in the legal profession. In addition, DWLA continues to offer its

award-winning Mentoring Circles program, which helps attorneys looking for advice or training to connect with more experienced attorneys.

Both Almeter and Ashmore are eagerly awaiting one of DWLA’s premier events, “The Pitch,” on April 18 at the Arts District Mansion, where DWLA attendees will have the opportunity to pitch themselves to inhouse counsel while receiving honest feedback. The program is a way to build confidence and business-networking skills, while in a judgment-free and safe environment.

What women lawyers are looking for cannot be addressed within the confines of one program or activity, as networking and engagement needs are varied and contingent on changing trends within the legal profession. On one hand, they want connectivity and unique experiences, while on the other,

are craving fun, creative events that assist with networking and building camaraderie. Additionally, members want, and deserve, programming that provides tangible benefits as it relates to business development and career progression. DWLA has, and continues to strive to, provide this type of dynamic, meaningful programming to its members.”

Interesting Facts about DWLA

• What is the mission of your Bar?

To elevate the standing of women in the legal profession.

• When was your Bar founded?

In 1968, a group of women attorneys in Dallas began to meet regularly to prepare programs and activities for the ABA Convention to be held in Dallas in 1969. After their success at the ABA Convention, the group continued to meet informally for mutual support. Founding members include Louise Raggio, Judge Sarah T. Hughes, and Joann Peters. From these early meetings emerged the Dallas Women Lawyers Association (DWLA). By 1980, DWLA was meeting for regular monthly luncheons and in 1984, DWLA incorporated as a non-profit corporation.

• How many members do you have? About 1,400.

• Who can join?

Licensed attorneys who want to practice in and/or support the legal community in the North Texas area.

Alison Ashmore

Stephanie Almeter

What to Know Before Adding Cryptocurrency to Partnership Assets

BY JOSHUA SMELTZER AND BRIAN CLARK

Choice of entity and federal income tax classification for cryptocurrency investors should be thoughtfully considered. For example, some investors may place a premium on the ability to make more tax efficient property distributions, while others prefer a specific form of entity governance. This article focuses on a few federal income tax issues for cryptocurrency investors that use entities taxed as partnerships to hold their assets and operate their businesses.

Investment Company Rules

The IRS treats “convertible” cryptocurrency as a form of property, and generally the Code does not immediately tax property contributions to partnerships. Code Section 721(b) is a prominent exception to the general nonrecognition rule. This “investment company” rule states that nonrecognition does not apply for a transfer to a partnership that would be an “investment company” within the meaning of Code Section 351.

The Treasury Regulations provide that a transfer of property is treated as a transfer to a partnership investment company if two

conditions apply. First, the transfer results in “diversification” of the transferor’s interests, and second, immediately after its receipt of property, more than 80 percent of the value of the partnership’s assets (excluding cash and nonconvertible debt obligations from consideration): (i) are held for investment purposes, and (ii) consist of readily marketable stocks or securities. In terms of the composition of contributed assets, a portfolio is considered diversified when not more than 25 percent of the total assets of the partnership are invested in the stock or securities of any one issuer, and not more than 50 percent of the value of total assets is invested in the stock and securities of five or fewer issuers. This prohibits tax-free diversification by using a partnership intermediary.

The classification of cryptocurrency is currently being disputed and is uncertain at this time. If certain cryptocurrencies (or tokens with specific rights) were identified as “stocks or securities” the investment company rules could apply.

General Allocation and Distribution Concerns

In the case of partnership distributions,

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the Code treats the distribution of marketable securities as money instead of property. When partnerships distribute money to partners in excess of the partners’ tax bases in the partnership, gain results, although this does not apply if (a) property is returned to the contributor; (b) the partnership is an investment company; or (c) the partner is an “eligible partner”, which exceptions are beyond the scope of this article. Thus, cryptocurrency classification again becomes important. If the IRS issues future guidance indicating cryptocurrencies are monies, partnerships that hold such assets will need to review distribution policies.

Basic partnership tax accounting issues may be magnified if there is a high volume of cryptocurrency contributions. When property is contributed to a partnership with a tax basis that differs from such property’s fair market value, the contributing partner must ultimately be allocated the income associated with that variation. Tracking those variations is not a novel issue, as those rules apply to general property contributions. However, cryptocurrency investors may continuously contribute new cryptocurrencies into the partnership, and thus tax preparers must vigilantly track each contribution, or risk misallocating gain or loss.

Securities Partnership Rules

Somewhat obscure partnership accounting rules may apply if considering “reverse section 704(c) allocations” for partnerships heavy on cryptocurrency assets. Reverse section 704(c) allocations

arise when a partnership “creates” a booktax difference by booking up or down its assets (e.g., such as when a new partner joins a partnership). The Treasury Regulations have special reverse section 704(c) rules for “securities partnerships”. A securities partnership is one that is not registered under the Investment Company Act of 1940 and (i) makes book allocations relative to book capital accounts, excepting reasonable special allocations for management services; (ii) on each book-up/down date, the partnership holds qualified financial assets that comprise at least 90 percent of the fair market value of the partnership’s non-cash assets; and (iii) the partnership reasonably expects, as of the end of the first tax year in which the special rules are adopted, to revalue (book-up or down) at least annually. The securities partnership rules essentially allow securities partnerships to aggregate gains and losses from “qualified financial assets” using any reasonable Code Section 704(c) method. For these purposes, qualified financial assets are actively traded personal property. Certain cryptocurrencies may well be considered qualified financial assets, so the securities partnership rules may come into play. Given the frequently changing technology and regulatory environment regarding digital assets, partnerships and their advisors must constantly monitor changes in assets and their treatment as the landscape changes and evolves.

LAURA MARTINEZ

Born in Puerto Rico, native Spanish speaker Laura Martinez originally started a firm in San Juan representing primarily domestic violence victims. After moving to the mainland U.S., she focused her practice on immigration, handling family-based petitions, humanitarian applications, removal proceedings, and appeals.

Now a member of the 2022-23 Entrepreneurs in Community Lawyering group, Laura launched her own firm, Texas Immigration Law Office, PLLC, providing legal services to foreign nationals to overcome immigration-related obstacles.

“My goal is to provide competent, efficient, and affordable legal services for immigrant women, children, and vulnerable populations,” Laura says. “I hope that my clients will be able to live a fuller, more secure and more prosperous life in the United States.”

Thurs March 2 Thurs, March 2 8:00 am 8:00 am

Participating Judges Include:

Sponsored by:

Hon Veretta Lynn Frazier, 44th District Court

Hon Martin Hoffman, 68th District Court

Hon Ronald B Hurdle, Associate Judge, Civil District Courts

Hon Dianne K Jones, County Court at Law No 4

Hon Tahira Khan Merritt, Associate Judge, Civil District Courts

Hon Sandre Streete, 256th District Court

Hon Nicole R Taylor, County Court at Law No 5

Thursday, March 2 | 8:00 - 9:00 am

George L Allen, Sr Courts Building, Merrill Hartman Courtroom RSVP at DallasBar org

Joshua Smeltzer is a Partner at Gray Reed and can be reached at jsmeltzer@grayreed.com. Brian Clark is an Associate at the firm and can be reached at bclark@grayreed.com.

A View from the Bench

BY HON. MIKE LEE

“Counsel, are you asking me to rule in favor of your client?”

“Yes I am, Your Honor.”

“Then why are you continuing to argue the motion after I’ve announced I am ruling in your client’s favor? Are you wanting me to change my mind?”

In my short time on the bench, I have had this very conversation twice with lawyers appearing before me. In addition, I have had several occasions where attorneys have continued arguing points after I said I have heard enough on that issue, and other occasions where counsel have wholly ignored a point after I have asked whether it is controlling on the matter being argued.

All of which lead to my first tip on advocacy, especially for younger lawyers:

“Listen to your judge!”

That is followed closely by the second tip:

“Tailor the argument to what the judge says.”

I recognize that every judge approaches hearings differently, but what I have observed in my colleagues is that most of our local trial judges are fully prepared to hear the matters coming before them. Personally, I always try to have read all the relevant filings and any pre-hearing materials submitted by counsel; generally, that means I have already formed an opinion as to the direction of the upcoming arguments. And, I am not bashful—I usually tell counsel up front what I have observed in what has been presented. This is intended to give the lawyers appearing before me a roadmap as to where they need to direct their arguments in order to persuade me to rule in their client’s favor.

I suppose this leads to a third tip: “Be prepared to educate the court on every detail of the motion, but expect that the judge is already educated on the matter.”

As an advocate for more than three decades prior to taking the bench, I learned the importance of being fully prepared for every hearing. The good

DBA/DAYL Moms in Law

Being a working mom can be challenging. Being a working lawyer mom can be a different ballgame with its own unique challenges. Moms in Law is a no pressure, no commitment, informal, fun, support group for lawyer moms.

Join Moms in Law for lunch

Friday, March 31, noon, at Thirsty Lion Gastropub in Preston Hollow

To RSVP, email Kelly Bryan at kelly.bryan01@gmail.com.

Email cpleatherberry@gmail.com to join the Moms in Law email listserv.

lawyers I have observed are always prepared. For most, that means they have some semblance of an outline or planned structure to their argument. Many come with a fully detailed outline. Advocates learn this starting all the way back in law school, in their mock trial and moot court experiences. Hopefully, their mentoring and training as young lawyers drive home the need for preparation and planning. Their court appearances and CLE experiences should be showing the need to come to court with a fully thought-out plan for the representation of their client.

But the really good lawyers are prepared to ditch that outline or plan as soon as the court suggests something different.

Clients often have desires that go beyond winning their case. This is especially true in the family courts. Beyond the idea of winning, they want a forum to tell the court how wrong the opposing party is. Remember, however, that the lawyer is NOT his or her client. Your job is to zealously advocate for your client and to advance your client’s position, not to vent against the opposing party on behalf of your client.

You accomplish this by answering the court’s questions, not the questions your client wants answered. You succeed by addressing the points the court has suggested are important. You sway the court to your client’s position by

conceding, when asked, those points for which you have no legitimate argument. And in many cases, you win by closing your mouth.

The reality is, you rarely accomplish anything by getting in the “last word.” An insistence on rebutting every point will often annoy the judge. But you will only know this if you are listening to the court rather than planning that next rebuttal.

A piece of maternal advice I have often received is “take the cotton out of your ears and put it in your mouth.” That advice works very well in court, because I often accomplish the success mentioned above by focusing on listening rather than on speaking.

None of what I have written suggests you don’t address matters you need to cover in a hearing or trial. If you need to put certain evidence in the record to support an order or judgment should there be an appeal, by all means insist on doing so. If you need to make a record to support a potential point on appeal, again, insist on doing so. If you need a record to support a possible mandamus filing, by all means address the matters you must. But don’t needlessly argue with the judge.

And you will best know what you must do by following that rule: listen to your judge. HN Judge Mike Lee, of the 256th District Court, can be reached at mike@judgemikelee.com.

Weil’s Finest Hours: Lend-a-Lawyer Jenae Ward Joins DVAP

Every year, the law firm of Weil, Gotshal & Manges LLP issues an annual pro bono review called “Our Finest Hours.” Weil’s proud tradition of their finest hours merges seamlessly with the Dallas Volunteer Attorney Program’s (DVAP) motto of “pro bono: it’s like billable hours for your soul,” in the concept of the Lend-a-Lawyer. Weil has made a commitment to the Dallas community to provide an associate attorney to work full-time in-house for two months a year at DVAP, a program which provides civil legal services to low-income families in Dallas County. Weil launched the Lend-a-Lawyer program in 2005, and after a hiatus, the program is continuing this year with Jenae Ward as the latest participant.

“Weil’s longstanding partnership with DVAP is just one example of how pro bono work is ingrained in our culture,” said Jonathan Macke , a Dallasbased Tax partner at Weil who also serves on the firm’s Pro Bono Committee. “Jenae’s service as our 13th Lenda-Lawyer demonstrates her laudable commitment to advocate for indigent clients. On behalf of the firm, we commend her for undertaking this noble effort over the next two months.”

Jenae is a litigation associate and a 2019 graduate of Vanderbilt University Law School. In 2021 and 2022, Jenae was selected as a National Black Lawyer Top 40 Under 40 in Texas. She was also recognized in the 2023 edition of Best Lawyers: Ones to Watch for commercial litigation. She is a 2023 Associate member of The Patrick E. Hig -

ginbotham American Inn of Court. She joined DVAP in January and immediately started on a wide range of pro bono cases. She has also been busy interviewing applicants for DVAP’s Virtual Clinics, West Dallas Clinics, and Veterans Clinics.

“I am proud to be a Lend-a-Lawyer for DVAP and to be a part of a firm and a Dallas-area legal community that values pro bono work,” said Jenae. “During my time as a Lend-a-Lawyer, I have been able to take on cases in multiple subject areas from family law to Deceptive Trade Practices Act matters, while gaining invaluable experience and skills that will go with me throughout my legal career. Most importantly, I have been able to serve clients who would otherwise not be able to afford legal representation.”

Sam Peca served as Weil’s Lend-aLawyer to DVAP in 2016 and is now a partner in Weil’s Dallas office. Sam said of the program, “the Lend-a-Lawyer program is an incredible opportunity.

It provides a deserving associate with two months of hands-on experience representing some of the most vulnerable individuals in Dallas and helps our office maintain a close partnership with DVAP and its critical work. I continue to take on DVAP matters, and more importantly, I help others at Weil get more involved in the organization. Jenae will be an exceptional ambassador during her time with DVAP, and she will help us continue our robust tradition of service to DVAP for many years to come.”

Having a Lend-a-Lawyer on-site is incredibly beneficial when it comes to offering assistance to applicants who might otherwise have to be turned away due to limited resources, especially those with trial dates or other

court appearances coming up soon. This ability to pivot quickly to a new case can offer sought-after litigation opportunities for young associates in a world where cases increasingly settle rather than proceeding to trial.

DVAP applauds Weil for sharing some of their finest hours working to close the justice gap in Dallas. DVAP is a joint pro bono program of the Dallas Bar Association and Legal Aid of NorthWest Texas. The program is the only one of its kind in Texas and brings together the volunteer resources of a major metropolitan bar association with the legal aid expertise of the largest and oldest civil legal aid program in North Texas. For more information about the Lend-a-Lawyer program, please contact Michelle Alden at aldenm@lanwt.org or 214-243-2234. HN

Michelle Alden is the Director of the Dallas Volunteer Attorney Program. She can be reached at aldenm@lanwt.org.

DVAP’s Finest

YUBIN DING

How did you first get involved in pro bono?

I got involved in pro bono cases when I was in school. I once took a clinic class which was held in a community lawyering center, and the supervising attorney assigned each student a few pro bono cases.

What types of cases have you accepted?

I have accepted pro bono cases related to estate planning, probate, and family law.

Describe your most compelling pro bono case.

I accepted a divorce case, with no property and no children, and the applicant called it a ‘simple’ case; however, it took a while for the applicant to realize that no case is simple. At the beginning, the applicant believed that her case could be completed within a few months, but it took much longer than she thought due to various complications. Eventually she realized that she could not complete this simple case without help from a volunteer attorney.

Why do you do pro bono?

Pro bono work can provide benefits to the community that might otherwise not be available. Attorneys have legal and other skills that are in great demand and many people cannot afford legal assistance. Pro bono experience may also help further the career goals of volunteers.

What is the most unexpected benefit you have received from doing pro bono?

As you help people, you will be rewarded as well. When I do pro bono cases, I must communicate with the clients, the courts, and attend court hearings, which are extremely valuable to my career.

Jenae Ward

Understanding On-Set Safety Requirements in Texas Focus Entertainment, Art & Sports Law

BY RYAN K. MCCOMBER

The tragic death on the “Rust” set highlights the many dangers involved with working on a film and TV production set. In addition to typical workplace safety concerns, film and TV productions often face additional safety challenges due to extreme stunts, pyrotechnics, and strict time constraints, which only amplify the potential risk of serious injury and death on-set.

If filming in Texas, those involved in the film or TV production should be aware of the legal requirements and industry standards for on-set safety to ensure that they follow the law and provide the safest possible work environment for their cast and crew.

Workers’ Compensation Insurance

As an initial matter, the law applicable to on-set safety in Texas can vary depending on whether the film or TV production company elects to provide workers’ compensation insurance to its employees. Workers’ compensation is a state-regulated insurance program that generally provides benefits to workers who become injured or ill on the job. Unlike other states, Texas does not require most private employers to have such insurance coverage, and those employers are referred to as non-subscribers.

Importantly, non-subscribers lose several legal protections, including certain immunity from lawsuits by employees injured on-set. Production companies may also be forced to pay damages if an injured employee proves negligence in a subsequent lawsuit. However, if a production

company has workers’ compensation coverage, Texas law generally limits its liability for on-set injuries. While injured employees may get medical and income benefits set by Texas law, they generally may not sue the production company for such injuries.

Non-subscriber production companies in Texas are also subject to additional safety reporting requirements. Non-subscribers with five or more employees must report to the Texas Division of Workers’ Compensation each work-related fatality, occupational disease, and injury that results in more than one day of lost time.

OSHA Standards

Second, the Federal Occupational Health and Safety Act (OSHA) also mandates specific federal safety standards and reporting requirements for sets in Texas. However, unlike other film and TV production hubs, like California, Texas does not have its own OSHA program with specific film and TV production requirements. Therefore, Texas is under general federal OSHA jurisdiction, which covers most private-sector workers in Texas.

OSHA requires that film and TV sets in Texas be free of known health and safety hazards. The OSHA Agency also has many specific standards that can impact on-set safety, including standards for fall, noise, respiratory, eye, and face protection. Employ ees on a film or TV production set in Texas also have the right to confidentially report unsafe or “unhealthful” working conditions and can ask the Occupational Safety and Health Administration to inspect the production set. Moreover, it is illegal for a production company to retaliate against an employee who exercises their legal rights

under OSHA, and an employee can file a whistleblower complaint for such retaliation. OSHA has also enacted additional reporting requirements for injuries in film and TV productions. OSHA now requires all accidents resulting in a hospital trip to be reported. Under older OSHA requirements, only deaths and multiple injury accidents had to be reported. Additionally, OSHA now recommends, but does not mandate, that film and TV production sets have written safety plans setting forth applicable safety and reporting requirements on-set.

Additional Production Insurance Requirements

Third, industry standards require that film and TV production sets in Texas obtain general liability insurance coverage for property and casualty events that might occur on-set, including accidents resulting in personal injuries. Texas also recommends that production companies obtain such coverage, but whether

coverage is required depends on the set location. For example, insurance is always required in Texas to obtain a permit to film on any public property, but insurance is not needed for filming on private property. To the extent a production company wants to film on Texas public property, the state also requires minimum coverage amounts.

Lastly, in addition to the foregoing Texas regulations and industry standards, film and TV productions in Texas may also have additional on-set safety requirements if the production involves unionized casts and production crews—which is typical for all Texas productions. Therefore, those involved in film and TV productions in Texas should take steps to understand the legal requirements and industry standards in Texas, as well as union-specific requirements, to ensure that they follow the law and are providing the safest possible work environment on set.

Ryan K. McComber is a Partner at Figari + Davenport, LLP. He can be reached at ryan.mccomber@figdav.com.

In The News

KUDOS

Dan Prieto and Amanda Rush, of Jones Day, have been promoted to Partner.

The Dallas Chapter of the American Board of Trial Advocates (ABOTA) announces its 2023 Officers: Brian P. Lauten, of Brian Lauten, P.C., President; Jeff Tillotson, of Tillotson Johnson & Patton, Vice President; Andy Payne, of Payne Mitchell Ramsey Law Group L.L.P., Secretary-Treasurer; and Tom Melsheimer, of Winston & Strawn LLP, Membership Chair.

Kathleen Kearney, of Kearney Law Firm and Texas Tech University Health Sciences Center (Dallas campus), has been promoted to Associate Professor of Nursing and elected to Faculty Senate.

Harry D. Jones, of Polsinelli, has been elected to serve as the treasurer on the board of directors for Workforce Solutions Greater Dallas.

Dean Robert B. Ahdieh, of Texas A&M University School of Law, has been named Vice President for Professional Schools and Programs by Texas A&M University President M. Katherine Banks. He will serve in this new position concurrently with his appointment as Dean of the School of Law and Anthony G. Buzbee Endowed Dean’s Chair.

Lawrence J. Praeger, of Lawrence J. Praeger, P.C., has been elected Fellow of the Texas Bar Foundation.

Ryan Bauerle, of Goranson Bain Ausley, has been named a Fellow of the American Academy of Matrimonial Lawyers

Brent Beckert, Zach Burnett, Tiffany Cooke, Natalie DuBose, Mike McArthur, Taryn McDonald, and Scott Thompson, of Haynes and Boone, LLP, have been promoted to Partner.

Kim Askew, of DLA Piper, received the Texas Minority Counsel Program’s 2022 Lifetime Award.

Robert “Bob” Latham, of Jackson Walker, has been named chairman of the board of ARTICLE 19, an international organization that promotes freedom of expression and freedom of information.

Talmage Boston, of Shackelford, Bowen, McKinley & Norton, LLP, received the State Bar of Texas Luther (Luke) H. Soules III Award for Outstanding Service to the Practice of Law.

Stas Getmanenko and Jessica Greenwald, of Baker McKenzie, have been promoted to Partner.

Reagan Boyce and Annik Morgan, of Chamblee Ryan PC, have been named Partners.

Rebecca Adams and Greg Brassfield, of Lynn Pinker Hurst & Schwegmann, have been promoted to Partner.

Michele Spillman, of Phillips Murrah, has been elected Director with the firm.

Sidley Makes a Difference

boards, either seeking benefits or discharge upgrades. From their Texas offices specifically, Sidley also helps Veterans reduce barriers to their involvement in civilian society by pursuing petitions to expunge criminal records. Sidley works with DVAP and

Worth Metroplex.

“As a Veteran, I truly appreciate the significant resources that Sidley commits to serving a variety of Veterans’ initiatives on a pro bono basis, including zealously advocating on their behalf in obtaining rightfully owed compensation and benefits,” said partAaron Rigby. “We’re fortunate to have

Monica Gaudioso and Brent Rubin, of Carrington, Coleman, Sloman & Blumenthal LLP, have been elected as Partners.

Chase Cobern with Munck Wilson Mandala has been elected to Partner.

Abraham “Abe” Benavides, of McCall Parkhurst & Horton, has been promoted to Partner.

Preston Enoch and Laurie Patton, of Spencer Fane, have been elected to Partner.

Katie Beaird, of Bell Nunnally & Martin LLP, has been elected Partner.

Chris Anaya, of McGuire, Craddock & Strother, has been elevated to Partner.

ON THE MOVE

Sheila Armstrong has joined K&L Gates LLP as Partner.

Sarah Fandrey and Kelsey Shofner have joined Bradley Arant Boult Cummings LLP as Partner and Senior Associate, respectively. Hyewon Hannah Choi, Elaine Moore, Jessie Nelson, and Emily Webb have joined the firm as Associates.

James E. Peacock has joined Greenberg Traurig, LLP as Shareholder.

Robyn Blum has joined Norton Rose Fulbright US LLP as Associate.

Micah Adkins, of The Adkins Firm, P.C., has opened a new office located at 1401 Law-

rence Street, Suite 1600, Denver, CO 80202.

Mona Hosseiny-Tovar has joined Goranson Bain Ausley as Associate.

Hon. Emily Miskel has been appointed by Governor Greg Abbott to the Fifth Court of Appeals, Place 13 for a term set to expire on December 31, 2024.

Drew Slone has joined Locke Lord LLP as Partner.

C. Alan Carrillo has joined Brown Fox PLLC as Associate.

Michael J. McKleroy Jr., Todd Suddleston, and Charles Townsend joined MG+M The Law Firm as Partners. Bryan T. Brown, Matthew Lindsey, and Jessica Riley joined as Senior Counsel; Taylor Hennington joined as Associate.

Ashley Moore has joined Michelman & Robinson, LLP as Managing Partner.

Godwin Bowman PC has moved to 500 North Akard St, Suite 1100, Dallas, TX 75201-3499.

The Law Offices of Robert E. York, P.C. has relocated to 8350 North Central Expressway, Suite 1900, Dallas, TX 75206. phone: 214396-8056.

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

vis. “But many are afraid that their more corporate and commercial law training is not always a good fit for pro bono client needs. That’s where DVAP comes in. The training and support offered by DVAP allows so many of our attorneys in the Dallas office to have the confidence to provide legal services to those most in need in our community. The lawyers in the Sidley Dallas office deeply value the many opportunities we have had to partner with DVAP throughout the years, and hope that partnership continues for a long time.”

The commitment of Dallas attorneys and the DBA to the Equal Access to Justice Campaign is impressive. Since 1997,

the DBA and Legal Aid have joined forces to raise money for the program, with Dallas lawyers donating over $19 million.

DVAP is a joint pro bono program of the DBA and Legal Aid of NorthWest Texas. The program is the only one of its kind in Texas and brings together the volunteer resources of a major metropolitan bar association with the legal aid expertise of the largest and oldest civil legal aid program in North Texas. For more information, or to donate, visit www.dallasvolunteer attorneyprogram.org.

Michelle Alden is the Director of the Dallas Volunteer Attorney Program. She can be reached at aldenm@lanwt.org.

Dallas Women Lawyers: Progress but Far from Parity

BY VERONICA S. MOYÉ & CHRISTINE DEMANA

In 1987, the U.S. Congress passed a Joint Resolution designating March “Women’s History Month.” That Resolution noted: “American women of every race, class, and ethnic background have made historical contributions to the growth and strength of the Nation in countless recorded and unrecorded ways,” but “the role of American women in history has been consistently overlooked and undervalued in the body of American history.” Thirty-six years later, these words still ring true for many Dallas women lawyers. We mean the term “women lawyer” to be as inclusive as possible, capturing lawyers who identify as women or as nonbinary.

Women lawyers, and Dallas women lawyers in particular, have certainly made enormous progress. As a result of the efforts of five courageous female SMU law students—including Chief Judge Barbara M. G. Lynn of the Northern District of Texas—who filed suit to force Dallas law firms to hire women lawyers in 1975, the Dallas Bar Association’s 2020 Diversity Report found that 46 percent of associates in Dallas law firms were women, roughly on par with the 47.5 percent national average at the time. In Dallas County, the overwhelming majority of sitting judges are women, and we now have four women judges on the Northern District of Texas bench. Women have also made rapid gains in obtaining the top legal jobs in corporations. In 2019, 28 percent of the new Fortune 500 general counsel appointed were women; by 2021, 49 per-

cent of those appointments were female. Indeed, in 2020, half of the 10 highestpaid public company general counsel in Texas were women.

But women continue to face barriers in achieving the highest levels within one of the important bastions of power in the profession: law firms. The Dallas Bar Association reported that, as of 2020, only 23 percent of equity partners nationwide were women, and Dallas was behind that low national number, with women comprising only 17 percent of equity partners.

Law firms’ persistent lack of success promoting women to their highest ranks raises troubling questions. There clearly is no lack of talent. Women have been graduating from law school at record rates, and have been at near parity in law firm associate ranks for many years. There also is clearly no lack of demand for women’s legal services, as the sharp rise in female general counsel appointments demonstrates. It is well beyond time for law firms to accept the fact that something they are doing or not doing is impeding women’s progress and actually keeping women out of the law firm partnership.

There are structural issues that impede women’s progress—for example, most firms have adhered to the same partnership path since lawyers started to organize themselves into firms in the late nineteenth century, a path created on the presumption that women would be excluded. Now is the time for law firms to institute structural changes needed for women to live their full lives as women and remain competitive on the partnership path. And now is the time

DBA hosts Judicial Investitures

for women to embrace our power and demand those structural changes to our profession rather than one-off accommodations. It is not just about the flexibility to take an afternoon off to accompany a family member to an unexpected doctor’s appointment; it is ensuring that such obligations do not mean an associate must work until 2:00 a.m. every time to stay on “track.”

There are also smaller concrete steps law-firm partners and clients can take immediately. Perhaps surprisingly, one Harvard Law School alumni survey found that women lawyers who remain in law firms 10 years after graduation work nearly eight hours per week—or one full business day—more than their male counterparts. This implies that part of the change law firms must make is in the “work smarter, not harder” vein. Law firm leaders, male and female, should ensure the substantial time women lawyers devote to their work is focused on assignments that will lead to advancement like writing briefs, taking depositions, or leading deal negotiations with

the client. Clients can hold law firm leadership accountable on this by insisting that diversity metrics for the same types of work be reported. One Fortune 50 company, for example, surveys its matters each year to understand not only the diversity of its lawyers, but which lawyers are occupying “leadership, client-facing, or otherwise significant opportunities that position attorneys for growth and career advancement.” Simply the act of completing such reports can help ensure law firm leadership implements not only an even playing field, but a playing field where all can compete fairly.

Women have achieved so much in our profession, and there are many reasons for women lawyers to observe Women’s History Month “with appropriate ceremonies and activities,” as the original 1987 Resolution recommends. Tackling law firm parity is one of our next great challenges. HN

Client Development—Speak at a DBA Program

Interested in sharing your legal knowledge and expertise with your colleagues?

The CLE Committee is looking for speakers and hot topics for the new Wednesday Workshop programs it holds throughout the year. Please submit a short bio, title, and 2-3 sentence description of your presentation to Yedenia Hinojos at yhinojos@ dallasbar.org. Submissions will be discussed at monthly CLE Committee meetings.

2023 Dallas Bar Association

DEI CLE Challenge

The DBA encourages its members to aspire to complete 3 hours of CLE training in the areas of diversity, inclusion, and equity each calendar year. The DBA will recognize members who complete and self-report their 3 hours of DEI CLE by December 31, 2023. Programs that qualify will be identified on the DBA’s online calendar.

CLE

Veronica S. Moyé and Christine Demana are Partners at Gibson, Dunn & Crutcher LLP and can be reached at vmoyé@ gibsondunn.com and cdemana@gibsondunn.com.

On January 27, the DBA hosted the Judicial Investitures of two new justices of the Fifth District Court of Appeals: Hon. Maricela Breedlove (left) and Hon. Nancy Kennedy (right), shown with DBA President Cheryl Camin Murray. Thank you to all the members and judges who attended. Join us for additional investitures on March 3 and March 10.