July 2010 Headnotes

Dallas Bar Association

HEADNOTES July 2010 Volume 34 Number 7

Interns Navigate the Legal Profession

Frank Branson Named Trial Lawyer of the Year Recognized at Bench Bar

by Rob Crain

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t is a special honor to report that my friend, mentor and former employer, Frank Branson, is this year’s recipient of the Outstanding Trial Lawyer of the Year Award. The Dallas Bar Association will present the award at the Bench Bar Conference at the Horseshoe Bay Marriott on October 14.

A fixture in Dallas legal circles since he earned his Law Degree from Southern Methodist University in 1969, Frank grew up on the west side of Fort Worth where he learned the value of hard work in the close-knit community of White Settlement. Most of the men in the neighborhood worked at the General Dynamics defense plant building B-58 bombers and fighter aircraft. “There wasn’t much given to you,” says his boyhood friend George Clark. “It’s not like today where kids all have cars and computers and iPods. We just had the sandlot, or we’d sneak onto the golf course.” Frank attended Brewer High School, where his father was the football coach and later the school principal.

The elder Frank Branson was “a nice guy, but a strict disciplinarian,” remembered Clark.

Focus

Focus Bankruptcy Law

As you might have guessed, academics and athletics were a big part of the Branson house.

Frank excelled in football as a running back, and ran the 880 in track. He was also a diver, winning the city diving championship, and a boxer, competing in the Golden Gloves his junior and senior years of high school.

There was little question as to what career path he would choose. Frank’s mother was a teacher and a tennis coach. Her guidance, as well as Frank’s aptitude for history and government, led him to the law. He didn’t waste any time learning the art of public speaking either.

“I took all the speech classes that were available in high school and college,” Frank recalled.

He went to SMU Law School on a “3 and 3” program after his junior year at TCU. Although continued on page 12

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wenty-nine firms and 31 students from the Dallas Independent School District are participating in the DBA’s 2010 Summer Law Intern Program. Since 1994, the DBA has interviewed thousands of high school students and placed nearly 500 exceptional teenagers in law firms, non-profits and corporate legal departments for eight weeks during the summer. The students are paid a reasonable wage, while receiving a glimpse into the legal profession.

The program is funded by the Dallas Bar Foundation and would not be possible without the generosity of the firms and legal departments who open their doors each year to new interns.

Thanks to the Thompson & Knight Foundation, an intern was placed this summer at the Dallas Volunteer Attorney Program.

And, thanks to the sister bar associations—Dallas Asian American Bar Association, Dallas Hispanic Bar Association and Dallas Association of Young Lawyers—and a generous donation from Munsch Hardt Kopf & Harr, P.C., two interns were placed this summer with Catholic Charities Foundation and Central Dallas Ministries.

Co-chairs of the 2010 Summer Law Intern Program are Ryan McFarlin and Erin Woodward Peirce. To get involved in next year’s Summer Law Intern Program, contact Amy Smith at asmith@ dallasbar.org.

Bankruptcy Law

Come on In, the Water’s Fine: Suggestions From the Bench

by Judge Harlin D. “Cooter” Hale

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orthern District bankruptcy filings are booming and will probably continue to do so for many months because of high unemployment. Non-bankruptcy lawyers are often called to file proofs of claim, appear, and try motions and lawsuits outside their usual courts. This article provides some practical advice.

1. Put on your running shoes. Bankruptcy cases move quickly. It is not uncommon for parties to be litigating over substantial sums only a few days into a case. Lawsuits get to trial in a matter of months. Be ready to move more quickly than in state or federal district court.

2. Know the vocabulary. We talk strangely. Often we throw around numbered bankruptcy sections and rules, e.g., 362 motion (automatic stay), 341 meeting (first meeting of creditors), 2004 examination (discovery device).

Parties sometimes go by acronyms, e.g., DIP (Chapter 11 debtor in possession).

Lawsuits are called “adversary proceed-

ings.” Learn the words and the section/ rule numbers.

3. Know the judges. The six judges in the DFW area (three in Dallas, two in Fort Worth and one in Plano, an Eastern District court) are experienced former bankruptcy lawyers, who represented both debtors and creditors. Before you go to court, check out your judge. Ask around. Go to the courtroom prior to the hearing and see how the judge handles matters. Get to the courtroom early the day of your hearing. Bankruptcy judges hear a lot of the same motions, and you might get a preview of how the judge handles your particular motion.

4. “We are from the federal government and we are here to help you.” This is not a joke. The Bankruptcy Court has an extensive and helpful website, including forms for some of our more common pleadings. The clerk’s office will take your call or e-mail and help you. The judges’ courtroom deputies set the hearings and promptly respond to your inquiries.

5. Watch deadlines. The bankruptcy rules and the local rules have deadlines

that sometimes trip up the unaware. For example, a proof of claim must be filed within 90 days of the date set for the first meeting of creditors in Chapter 7 and 13 cases, the most common proceedings.

The deadline to sue a debtor to seek an exception from discharge is 60 days, and the time for objecting to exemptions is 30 days after the conclusion of the meeting of creditors. Motions to lift stay require a response within 14 days, or a default may be entered. We have peculiar rules for the exchange of exhibit and witness lists, and lawyers should be mindful that they comply.

6. Take advantage of free discovery.

A bankruptcy case offers a ready source of information. The debtor is required to file schedules of assets and liabilities and a statement of financial affairs. The latter relates, in some instances, to transactions going back several years. A review of these pleadings will be helpful in understanding the debtor and the case.

Early in the case the debtor will attend a public 341 meeting, where creditors and other parties in interest examine the

Inside 5 Bankruptcy and Mortgage Loan Modifications 7 Probate Judgment Precludes Anna Nicole’s Claim 8 Alice in BarNoneLand: 25 Years Through the Looking Glass

debtor under oath.

7. Don’t waive your client’s rights. If you are involved in a lawsuit removed to federal court and sent to the bankruptcy court, do not wait too long to seek remand or withdrawal to the district court. Timing will be a factor in both. If your client has the right to a jury trial, be careful about filing a proof of claim, as such action may cause your client to lose that right.

8. Read the pleadings as they come in. Bankruptcy creates many opportunities that do not exist under state law.

A debtor may be able to fix your client’s claims, strip his liens, reject his contract or reduce his secured claim to the value of the collateral. Read the documents.

9. Consider associating a bankruptcy expert. Many routine matters can be handled by lawyers who do not always do bankruptcy work, but for the more complicated matters, it is always advisable to HN call in the pros.

Judge Hale practiced bankruptcy law in the Northern District of Texas for 19 years before taking the bench in Dallas in November 2002. Judge Hale can be reached at Judge_Harlin_Hale@ txnb.uscourts.gov.

SAVE THE DATE! DALLAS TOMMORROW II What’s Happening In Dallas And What Does It Mean To You? Tuesday, August 3, 2010 at The Belo Mansion Sponsored by the DBA Public Forum Committee

2 H e a d n o t e s l D a l l a s B a r A s sociation

Calendar

July Events

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

FRIDAY CLINICS July 9 — North Dallas**

Noon At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Dallas, TX 75240. “Before You Crunch the Numbers, Know the Difference Between Separate and Community Property?” Carol Wilson. Two Lincoln Centre parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building; food is allowed inside the meeting room. Thank you to our sponsor, Griffith Nixon Davison, P.C. (MCLE 1.00)*

July 16 — Belo Noon

“Green Building Practices,” Kirk Teske, Betsy del Monte and Pat McCown. (MCLE 1.00)*

August 6 — Belo

Noon “Ethics of Advising Potential Bankruptcy Debtors after the Milavetz Case,” Robert Yaquinto and Paul Keiffer. Sponsored by the CLE Committee and the Bankruptcy & Commercial Law Section. (Ethics 1.00).

THURSDAY, JULY 1 Noon

Construction Law Section “Contingent Payment Clause Update 2010,” Tony Jach.(MCLE 1.00)*

Family Law Section Board DAYL CLE Committee

FRIDAY, JULY 2 Noon

Jul y 2010

CLE Committee

MONDAY, JULY 5

DBA Office closed for July 4 observance

TUESDAY, JULY 6

Noon

Corporate Counsel Section “Updates on the Law of Climate Change,” Tim Wilkins. (MCLE 1.00)*

Morris Harrell Professionalism Committee

6 p.m.

DAYL Board of Directors

WEDNESDAY, JULY 7 Noon

Solo & Small Firm Section “Ten (Or More) Things Every Lawyer Should Know About the Texas Business Organizations Code,” Phil Doepfner.

(MCLE 1.00)*

Legal Ethics Committee “Navigating the Conflicts—Ethical Issues in the Tripartite Relationship,” Amy Stewart. (MCLE 1.00)*

Judiciary Committee

Pubic Forum Committee

DAYL Environmental Awareness Committee

DAYL Street Crime Prevention Seminar

5:30 p.m.

Bankruptcy and Commercial Law Section “Chapter 7 Trustee Panel Discussion,” Daniel “Corky” Sherman, Robert Yaquinto, Jr. and James “Jim” Cunningham.

(MCLE 1.00)*

THURSDAY, JULY 8 11:30 a.m.

DAYL Barristers for Babies

Noon

Publications Committee

DAABA Board of Directors

6 p.m.

J.L. Turner Legal Association

FRIDAY, JULY 9

Noon

Friday Clinic – North Dallas** At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Dallas, TX 75240.

“Before You Crunch the Numbers, Know the Difference Between Separate and Community Property?” Carol Wilson. Two Lincoln Centre parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre.

There are several delis within the building; food is allowed inside the meeting room.

Thank you to our sponsor, Griffith Nixon Davison, P.C. (MCLE 1.00)*

Trial Skills Section “Getting Digital Evidence Admitted at Trial,” Prof. Frederick Moss. (MCLE 1.00)*

3 p.m.

Minority Clerkship Luncheon. Keynote speaker Hon. James C. Ho, Solicitor General of Texas. Learn about the broad range of opportunities in Dallas. RSVP to bavina@dallasbar.org.

Texas High School Mock Trial Committee

MONDAY, JULY 12 Noon

Alternative Dispute Resolution Section Topic Not Yet Available

Real Property Law Section “Using REITS to Raise Capital and Acquire Real Estate,” Kenneth L. Betts.

(MCLE 1.00)*

TUESDAY, JULY 13 Noon

TIPS and Business Litigation Section “The Impact of Atticus Finch on the Trial Bar: A Celebration of the 50th Anniversary of Harper Lee’s ‘To Kill A Mockingbird’, Talmage Boston. (Ethics 1.00)*

19th Habitat House Completed

DAYL Equal Access to Justice Committee

DAYL Elder Law Committee

4 p.m.

Senior Lawyers Committee

7 p.m.

6 p.m.

Home Project Committee

Legal History Discussion Group “Who Were the Traitors?—The Legal Perspective of Operation Valkyrie,” Hansjoerg Joachim Otto (Hans) Heppe.

(Ethics 1.00) Held at SMU Walsh Classroom. For more information, contact Josiah Daniel at jdaniel@ velaw.com.

WEDNESDAY, JULY 14

8:50 a.m.

DVAP “Two-day Ad Litem and Amicus Attorney Court Appointments: Inside and Outside the Box Training.” Sponsored

by DVAP and the SMU Dedman School of Law W.W. Caruth, Jr. Child Advocacy Clinic and Institute. 8:50 a.m.-4:55 p.m.

(MCLE 10.50, Ethics 2.00, pending).

Contact Chris Reed-Brown at reedbrownc@lanwt.org, for registration and pro bono provision and Kathleen Turton at kturton@smu.edu for agenda and pre-registration.

Noon

Family Law Section “CPS and Child Abuse Prevention: Legislative highlights of the 81st

CLE Committee

House Committee

E-Mentoring Committee

DAYL Lunch and Learn on Criminal Law

Christian Lawyers Fellowship

5:15 p.m.

LegalLine—Volunteers welcome.

Second floor Belo.

Session and Proposed Litigation for the 82nd Session,” Madeline McClure.

(MCLE 1.00)*

THURSDAY, JULY 15

8:50 a.m.

DVAP “Two-day Ad Litem and Amicus Attorney Court Appointments: Inside and Outside the Box Training.” Sponsored by DVAP and the SMU Dedman School of Law W.W. Caruth, Jr. Child Advocacy Clinic and Institute. 8:50 a.m.-12:30 p.m. (MCLE 10.50, Ethics 2.00, pending).

Contact Chris Reed-Brown at reedbrownc@lanwt.org, for registration and pro bono provision and Kathleen Turton at kturton@smu.edu for agenda and pre-registration.

Noon

Minority Participation Committee

Christian Legal Society

Dallas Gay & Lesbian Bar Association

UPL Subcommittee

3:30 p.m.

DBA Board of Directors

FRIDAY, JULY 16 11:45 a.m.

Inspiring Women: Humor & War Stories to Reach the Top of Your Game. Featured panelists are: Justice Elizabeth Lang-Miers, Judge Barbara M.G. Lynn, Kim Askew, Kelly McClure, Regina Montoya, Professor Ellen Smith Pryor and Karen Gren Johnson. (Ethics 1.00)* RSVP to Judi Smalling at jsmalling@dallasbar.org.

Noon

Friday Clinic – Belo “Green Building Practices,” Kirk Teske, Betsy del Monte and Pat McCown.

(MCLE 1.00)*

MONDAY, JULY 19 Noon

Labor & Employment Law Section “Doing It Right: Conducting an Effective Investigation,” Ashley Scheer. (MCLE 1.00)*

DBF Board Meeting

TUESDAY, JULY 20

On May 22, DBA volunteers completed our 19th Habitat for Humanity home, and turned the keys over to the Fuery family. DBA president Ike Vanden Eykel was on hand as volunteers celebrated the completion and dedication of the home. The DBA is the longest-running whole-house sponsor for Dallas Area Habitat for Humanity. This year’s build was coordinated

by DBA Home Project Co-Chairs Scott Conrad and David Diaz. To participate in the project for next year, contact David at ddiaz@kbdtexas.com.

Noon

Antitrust & Trade Regulation Section “Recent Legal and Economic Developments in Antitrust Class Actions,” William Katz.

(MCLE 1.00)*

International Law Section “The Process and Pitfalls of Doing an International Deal,” John Stephenson and John Holden. (MCLE 1.00)*

Community Involvement Committee

Entertainment Committee

Speakers Committee

DAYL Animal Welfare Committee

WEDNESDAY, JULY 21 Noon

Energy Law Section “Prescience and Promise: Legal Developments in Brazilian and Colombian Hydrocarbons Development,” Aaron Ball and Paula Galhardo. (MCLE 1.00)*

Health Law Section “Sex, Drugs & Rock-n-Role,” Cynthia Stamer. (MCLE 1.00)*

Pro Bono Activities Committee

Municipal Justice Bar Association

Non-profit Law Study Group

DAYL Judiciary Committee

5:15 p.m.

LegalLine—Volunteers welcome.

Second floor Belo.

THURSDAY, JULY 22 Noon

Criminal Law Section “Eyewitness Identification: What Every Criminal Defense Lawyer Needs To Know,” Robert Udashen. (MCLE 1.00)*

Environmental Law Section “Futuring Environmental Law,” Blake Godkin. (MCLE 1.00)*

Community Service Fund Board

FRIDAY, JULY 23

Noon

Intellectual Property Law Section “Border Enforcement of IP Rights at the U.S. International Trade Commission,” James Adduci. (MCLE 1.00)*

Media Relations Committee

Transition to Law Practice Committee

3 p.m.

Texas High School Mock Trial

MONDAY, JULY 26 Noon

Computer Law Section “Hot Topics in Privacy and Security Law,” Rob Scott. (MCLE 1.00)*

Criminal Justice Committee

TUESDAY, JULY 27 Noon

Courthouse Committee

American Immigration Lawyers Association

6 p.m.

Dallas Hispanic Bar Association

WEDNESDAY, JULY 28 Noon

Government Law Section “Defending Texas: The Office of the Solicitor General,” James C. Ho. (MCLE 1.00)*

Sports & Entertainment Law Section “Evolving Distribution Models,” Jed Lachman. (MCLE 1.00)*

Juvenile Justice Committee

DVAP New Lawyer Luncheon

DAYL Aid to the Homeless

THURSDAY, JULY 29 No DBA meetings scheduled.

FRIDAY, JULY 30

9 a.m.

Community Involvement Committee—Christmas in July.

Donations accepted at the Belo Mansion until 4 p.m. For more information, contact Elaine Mosher at jemmosher@ aol.com or Tracye M. McGaughy tmcgaughy@higierallen.com,

11:30 a.m.

Juvenile Justice Committee “Nuts & Bolts Juvenile Delinquency Course,” Hon. Cheryl Shannon, Hon. George West and Duran Hill. (MCLE 2.75)*

If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Cathy Maher at 214/220-7401 as soon as possible and no later than two business days before the seminar.

All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION. *For confirmation of State Bar of Texas MCLE approval, please call Teddi Rivas at the DBA office at 214/220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact KTarangioli@dallasbar.org.

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Dal l as Bar A ssoci ati on l Headnotes 3

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

4 H e a d n o t e s l D a l l a s B a r A s sociation

Jul y 2010

Headnotes

President's Column

Long-Standing Partnership With Dallas ISD by ike vanden eykel

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he Dallas Bar Association has a history of involvement with, and support of, the Dallas Independent School District. This relationship goes back a number of years and it is something that the Dallas Bar can hold up and be proud of when reviewing our accomplishments over time. This is a partnership that definitely benefits both groups and it is important that our members be aware of the rich history we have with the Dallas ISD. I would like to highlight several of our DBA programs that deal with the school district.

Law in the Schools & Community: This program grew out of the Law in a Changing Society Committee, along with the Texas High School Mock Trial Program and the statewide Law Focused Education Program. Law in a Changing Society was originally started in the early 1970s under the leadership of DBA President Frank C. Moore, and was the beginning of the DBA’s partnership with the Dallas Independent School District. This program recruits members of the Dallas Bar to go to the Dallas ISD classrooms to teach various grade levels about the law, law enforcement, the constitution, careers in law and much more. It is held each fall.

In 2009, through our volunteer members we reached over 2,000 Dallas ISD students. The Chair of this program for 2010 is Adam Seidel.

Texas High School Mock Trial Program: In response to a nation-wide concern for a growing attitude of disrespect for the law and its role in our society among the nation’s youth, various programs around the United States were initiated in the 1970s to involve young people in law-focused education. One such program was mock trial. The activity was so successful that in 1979 a city-wide mock trial competition was initiated by the Dallas Bar Association and the DISD. The positive response of students and educators to the mock trial experience prompted the Dallas Bar Association to organize a competition on a state level. In June 1980, four teams came to Dallas for the initial statewide competition. In 2010, more than 150 teams participated state-wide, and in its 30-year history, over 107,000 teens have been involved in the mock trial experience. Truly a great success story! The 2010 Co-Chairs of this program are Steve Gwinn and the Hon. Lana Myers.

Law Day Art Contest: This program, which is operated through the Law Day Committee of the Dallas Bar, was also established in the 1970s in partnership with the Dallas ISD. Just over the past three years the DBA has received over 800 art entries from students in the Dallas ISD, which have been centered on the ABA’s Law Day theme. Students and their teachers are recognized each year by the DBA at its annual Law Day Luncheon. Thousands of students have had a chance to be a part of this contest over the past 30 years.

We are proud of this effort. The 2010 Co-Chairs of this program are Kirby Drake and James Holmes.

Essay Contest: This is another fine program that is coordinated by the Law Day Committee of the DBA. More than 200 students in the Dallas ISD have submitted essays in the last three years in this contest. The writings are centered on the American Bar Association’s Law Day theme, and students grades six through eight are involved in this program. These students and their teachers are recognized at the DBA’s Law Day Luncheon, as well.

Board of Directors Roundup

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cott McElhaney, chair, called the May 20 meeting to order and welcomed and introduced guests.

Martha Hofmeister and Tom Mighell, cochairs of the Bar None Committee, reported to the board that this year is Bar None’s 25th anniversary and thanked the board for their support. They also reported that many donors have increased their donations and that this year’s proceeds should be very high.

Larry James and Ken Koonce of Central Dallas Ministries gave a brief explanation of their organization and its plans for the next ten years.

Chair of the Environmental Law Section, Peter Wahl, reported that his section is doing well and has arranged programs for the balance of the year.

Brad Weber, board advisor of the Judiciary Committee, reported that the committee is actively gather comments to update the Local Rules, arranging Judi-

Mock Voir Dire: The Law Day Committee of the DBA coordinates this effort with the Dallas ISD to bring students to the courthouse to hear a mock voir dire. This year, the Hon. Martin Hoffman assisted in putting on this event. The students have the opportunity to participate as jurors and this year, six Dallas ISD schools—and more than 200 students—participated.

E-Mentoring: This partnership with the Dallas ISD began in 2004 under the leadership of past President Brian Melton. Brian’s dream, and the plan that was formed, was to pair lawyers and legal professionals with Dallas ISD students to e-mail each other once a week. Students are encouraged by their mentors to do well in their studies, to finish school and hopefully go on to college. In 2004, Samuell High School was the lone participant, with 45 students involved. Today, there are nine schools, over 500 students and 300 mentors involved, with some mentors having up to four students. This is a program of which to be proud and to support. The Co-Chairs of this program for 2010 are Everett New and Mary Nix. Summer Law Intern Program (SLIP): This program was started under the leadership of President Peter Vogel in 1994.

The first chair of the program was Frank Stevenson, 2008 DBA President. The SLIP program has grown into one of DBA’s jewels, with over 30 law firms, corporate legal departments and non-profit organizations employing Dallas ISD students for the summer. Over the past 16 years, more than 500 students, who otherwise would not have the chance at this type of job opportunity, have been placed in summer positions through this worthy program. Our CoChairs for 2010 are Ryan McFarlin and Erin Peirce.

Appealing to the Public: This program was started by past President Mark Sales in an effort to bring the court system to the schools. In its first year, a live appellate argument was held at Skyline High School. In 2009, arguments before the Texas Court of Criminal Appeals were held at Belo and several hundred Dallas ISD students attended.

This year, the program is coordinated through the Law in the Schools & Community Committee and will feature the Fifth District Court of Appeals on Monday, October 18, at Belo. The Chair of this program in 2010 is Adam Seidel.

Community Symposium for Justice in Education: This program was started under the leadership of past President Brian Melton in an effort to bring leaders from the Dallas ISD and the community together to discuss ways that we can benefit Dallas ISD students. The E-Mentoring Program grew out of this symposium. Traditionally, the Superintendent of the Dallas ISD attends this event to give the attendees a state of the district address. The Hon. Teresa Guerra Snelson is the 2010 chair of this event.

We are very proud of our long-standing relationship with the Dallas ISD! Over the years, each of our programs in the schools have received recognition from the State Bar of Texas, from the Dallas ISD and the American Bar Association. The Dallas Bar Foundation has been supportive of these efforts, as well. A special thanks goes out to our own DBA staff member, Amy Smith, who helps make all of this work so well.

The Dallas Bar Association is involved in our community in a big way and our partnership with the Dallas Independent School District is one example of that success story. HN cial Forums at Belo and SMU and updating the Judicial Resource Handbook.

Reporting as Chair of the Pictorial Directory Committee, Shonn Brown, reported that the 2010 Directory will be printed soon and explained that DBA staff member Judi Smalling has increased the sales of the Areas of Practice in the Directory.

Sally Crawford, chair of the Peer Assistance Committee, reported that the committee plans to have five programs in 2010 and that they are currently working with the Senior Lawyers Committee on a program aimed at retired lawyers.

Reporting on the newly formed Government Law Section, chair Chris Bowers, reported that the section has received an excellent response and now has 82 members.

Rob Roby reported that DBA’s lease space along Flora Street has been renewed for another five-year period.

There being no further business, the meeting was HN adjourned.

Published by: DALLAS BAR ASSOCIATION

2101 Ross Avenue Dallas, Texas 75201 Phone: (214) 220-7400 Fax: (214) 220-7465 Website: www.dallasbar.org Established 1873 The DBA’s purpose is to serve and support the legal profession in Dallas and to promote good relations among lawyers, the judiciary, and the community.

OFFICERS President: Ike Vanden Eykel President-Elect: Barry Sorrels First Vice President: Paul K. Stafford Second Vice President: Bill Mateja Secretary-Treasurer: Wesley Young Immediate Christina Melton Crain Directors: Scott M. McElhaney (Chair), Brad C. Weber (Vice Chair), Jerry C. Alexander, Hon. Jane J. Boyle (At Large), Wm. Frank Carroll, E. Leon Carter, Rob Crain, Jennifer Edgeworth (President, Dallas Association of Young Lawyers), Laura Benitez Geisler, Michael K. Hurst, Hon. Marty Lowy, Michele Wong Krause, Karen McCloud (President, J.L. Turner Legal Association), Jose Ortiz (President, Dallas Hispanic Bar Association), Mary Scott, Hope Shimabuku (President, Dallas Asian American Bar Association), Scott P. Stolley (At Large), Diane M. Sumoski and Debra K. Thomas.

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

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

DBA & DBF STAFF Executive Director: Catharine M. Maher Accounting Assistant: Shawna Bush Communications / Media Director: Jessica D. Smith Controller: Sherri Evans Director of Community Services: Alicia Hernandez Events Coordinator: Rhonda Thornton Executive Assistant: Michelle Dilda Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewer: Marcela Mejia Law-Related Education & Programs Coordinator: Amy E. Smith Membership Coordinator: Kimberley Watson Projects & Communications Assistant: Kathryn Zack Publications Assistant: Judi Smalling Receptionist/Staff Assistant: Teddi Rivas DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Lakeshia McMillan, Andrew Musquiz, Jigna Gosal, Tina Douglas Data Entry/Office Support: Patsy Quinn Copyright Dallas Bar Association 2010. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher.

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

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

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Dal l as Bar A ssoci ati on l Headnotes 5

Bankruptcy Law

Bankruptcy and Mortgage Loan Modifications

by Gary A. Armstrong

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t is a widely accepted rule that individuals cannot modify the terms of their home mortgage in bankruptcy.

But it is important for practitioners to understand the parameters of the rule and its exceptions. Further, the U.S. Treasury Department’s Home Affordable Mortgage Program (HAMP), a public/ private partnership that allows borrowers to modify their mortgages through their mortgage servicer, has important implications for bankruptcy cases.

In general, debtors in Chapter 11 or Chapter 13 cases may not propose to modify the rights of the holder of “a claim secured only by a security interest in real property that is the debtor’s principal residence.” 11 U.S.C. §§ 1123(b) (5), 1325(b)(2).

Let’s illustrate with a hypothetical.

Suppose that the debtor owns and occupies a residence with a present fair market value of $100,000, secured by a first lien mortgage loan with a balance outstanding of $110,000 and a second mortgage loan with a balance of $20,000.

The anti-modification provision prohibits the debtor from confirming a plan to pay the first mortgage $100,000, to change the interest rate of the first mortgage, or to otherwise change terms of the loan. The lien cannot be ‘strippeddown’ from the $110,000 balance to the $100,000 value of the collateral. Thus, the creditor must generally be paid its outstanding balance according to the terms of the note and mortgage.

The second mortgage, however, may be modified. Because the amount owed on the first mortgage exceeds the value of the collateral, the second mortgage

lender is considered to have an unsecured claim in the bankruptcy case under Bankruptcy Code Section 506.

Under that provision, a claim is secured or unsecured based on whether the collateral for the loan has any available dollar value. In the hypothetical example, the $110,000 balance on the first mortgage uses up all the value of the collateral. The second mortgage lender, then, has no allowable secured claim.

The debtor can propose to ‘strip-off’ the lien of the second mortgage from the property and treat the creditor’s claim as an unsecured claim in the plan. In this way, the borrower can pay as little as zero to the second mortgage lender and, upon receiving a discharge in Chapter 13 or 11, remove the lien from the property.

Even though debtors cannot modify their home mortgages, the Bankruptcy Code nevertheless allows the debtor to cure a default on the mortgage. Pursuant to a plan of reorganization (36 to 60 months for a Chapter 13; variable for a Chapter 11), debtors may propose to resume making their contractual payments that come due after the filing of their bankruptcy petition and propose to pay any amounts that are contractually past due. 11 U.S.C. §§ 1123(a)(5)(G) and 1322(b)(3), (b)(5).

These “cure and maintain” provisions are widely used by individual debtors, primarily in Chapter 13 cases, to resolve mortgage arrearages and, in effect, modify the terms of their mortgage.

Many debtors are also seeking to modify their mortgage through the Treasury Department’s HAMP program.

The keys to qualifying for a modification under HAMP are: a debtor with sufficient income to afford the modified

mortgage; and a net present value analysis that shows that the lender would be better off with a mortgage modification than with a foreclosure. More information is available on the U.S. Treasury’s Web site at www.makinghomeaffordable.gov.

Prior to June 1, 2010, mortgage lenders had the discretion to deny access to the HAMP modification program to borrowers who filed bankruptcy. Effective June 1, 2010, the Treasury has directed that borrowers in active Chapter 7 or Chapter 13 bankruptcy cases must be considered for HAMP if the borrower, borrower’s counsel or bankruptcy trustee submits a request to the mortgage loan servicer. U.S. Treasury HAMP Supplemental Directive 10-2 (issued March 24, 2010).

Further, the loan servicer may accept the debtor’s bankruptcy schedules and tax returns in lieu of certain other documentation and may waive the “trial period” typically required under the HAMP program. To finalize a HAMP modification in bankruptcy, the borrower must make at least three timely payments under the proposal and the Bankruptcy Court must approve the terms of the modification.

Skilled consumer bankruptcy practitioners can use the Bankruptcy Code and the HAMP program to assist borrowers and lenders in creating modified, HN affordable home mortgages.

Gary A. Armstrong is a partner in Armstrong Kellett Bartholow PC where he practices in the areas of consumer and small business bankruptcy and consumer credit litigation. He can be reached at gary@akbpc.com.

CHRISTMAS IN JULY Friday, July 30 ~ 9 a.m. to 4 p.m. ~ The Belo Mansion ~ The DBA Community Involvement Committee is coordinating a drive to benefit local charities, including the North Texas Food Bank, Genesis Women’s Shelter and the Family Place. Please bring donated items (including cash contributions, non-perishable food, bed linens, school supplies, clothing and toiletries) to the Belo Mansion on Friday, July 31. For more information, contact Kathryn Zack at kzack@dallasbar.org, Elaine Mosher at jemmosher@aol.com or Tracye McGaughy at tmcgaughy@higierallen.com.

Available NOW!

Nuts & Bolts Juvenile Delinquency Course MCLE 2.75, pending Friday, July 30 Registration & Lunch 11:30 a.m. to 2:30 p.m. at the Belo Mansion.

Speakers: Hon. Cheryl Shannon, Judge 305th District Hon. George West, Associate Judge, 305th District Duran Hill, Assistant District Attorney, Dallas County For more information, e-mail ahernandez@dallasbar.org.

Trial lawyers on both sides of the aisle agree there is no better way to prepare for trial than to research your judge through

The 2010 Dallas County Bench Book* *A portion of the proceeds from the sale of this book goes directly to the Dallas Bar Association.

Call 800-456-5484 to order your copy today!

6 H e a d n o t e s l D a l l a s B a r A s sociation

Focus

Jul y 2010

Bankruptcy Law

The Bankruptcy Code and Single Asset Real Estate

by Hope Hughes

A

ccording to analysts, Doomsday looms for many commercial real estate loans.

In the next five years, approximately $1.4 trillion of commercial real estate loans will mature, requiring new financing that is difficult to obtain in the current constricted lending environment. Moreover, in nearly half of the loans, the borrower owes more than the property is worth. Therefore, a wave of defaults and bankruptcies is likely to occur. Because a single parcel of real estate secures many of these loans, lenders and debtors must become familiar with provisions governing single asset real estate (SARE) Chapter 11 cases.

The Bankruptcy Code establishes criteria for determining whether real property is SARE: • The real property must constitute a single property or project; • The property must not be residential real property with fewer than four resi-

dential units; • The real property must generate substantially all of the gross income of a debtor; • The debtor must not be a family farmer and must not conduct any substantial business other than operating the real property and incidental activities.

11 U.S.C. § 101(51B). SARE debtors include real estate development companies, residential home builders, commercial property lessors and residential property lessors with four or more residential units. Most courts impose SARE designations when debtors’ activities are relatively passive.

Conversely, companies using real estate to conduct businesses are not SARE debtors.

In one case, the court held that the debtor, who owned approximately 200,000 acres of private timberland, derived income from harvesting and selling timber. “Sophisticated operations” (planning, growing, and maintaining the timber) occurred on the timberland. The court concluded that selling timber constituted an activity extending beyond

the sale or lease of the underlying land so that the debtor was not a SARE debtor. Ad Hoc Group of Timber Noteholders v. Pac. Lumber Co. (In re Scotia Pac. Co.), 508 F.3d 214 (5th Cir. 2007). Courts have also held that marinas and golf courses are not SARE. Whether property is SARE is significant because Section 362(d)(3) of the Bankruptcy Code subjects SARE debtors to an expedited timeframe in which they must either file a confirmable Chapter 11 plan or begin making payments to creditors. In a SARE case, a reasonably confirmable plan must be filed within the later of 90 days after the petition date or 30 days after the debtor’s property is designated SARE. Alternatively, the debtor may choose to make cash payments equal to the non-default contract interest rate. If the debtor fails to meet one of these requirements, the automatic stay is lifted, and the secured creditor may foreclose unless the court continues the automatic stay. Thus, the risk of delay is shifted from the secured creditor to the debtor.

Notably, SARE debtors may “cram down” claims of secured creditors by forcing the debtor’s reorganization plan on dissenting creditors. A class of dissenting claims may be crammed down only if the plan (1) does not discriminate unfairly and (2) is fair and equitable to each dissenting, impaired class of claims or interests. Further, at least one impaired class must vote for the plan. § 1129(a)(10).

Section 1129(b)(2)(A) provides three alternative minimal requirements that a plan must satisfy to be fair and equitable for cram down purposes. First, the plan must provide that the secured creditor retain its liens and receive full payment of its claim in deferred cash payments, with the present value of the payments equaling the value of

the secured creditor’s collateral. Second, the debtor must pay the secured creditor from the sale of its collateral. Third, a plan must provide the secured creditor with the “indubitable equivalent” of its claim.

In In re Simons, the court determined that the reorganization plan was fair and equitable when the debtors sought to (1) return only part of a secured creditor’s collateral for credit on the debt and (2) pay the balance over time.113 B.R. 942, 946 (Bankr. W.D. Tex. 1990). Thus, the debtors’ plan used both the first alternative (lien retention and cash payments) and the third alternative (the indubitable equivalent realized by the creditor when the debtors returned a portion of the property for a corresponding credit on the secured claim).

Because, the court observed, neither the Bankruptcy Code nor the legislative history indicates that the alternatives are mutually exclusive, the debtor was not required to choose just one of the alternatives and using two of the alternative requirements was not a per se violation of the fair and equitable rule. Therefore, the court concluded, after considering the specific treatment provided under the plan and the nature of the collateral, that the plan was fair and equitable to the secured creditors.

With the ongoing deterioration of commercial real estate loans, creditors’ and borrowers’ knowledge of their rights in SARE cases is crucial as borrowers seek protection from the automatic stay and creditors seek HN to lift it and foreclose.

Hope Hughes is an associate in the Bankruptcy and Business Restructuring Practice Group with the law firm of Haynes and Boone, LLP. Robin Phelan, a partner at Haynes and Boone, contributed to the article. Ms. Hughes may be contacted at hope.hughes@haynesboone.com and Mr. Phelan may be contacted at robin.phelan@haynesboone.com.

Trial Tested Litigation Firm Opens in Dallas focus on commercial, insurance and financial litigation services Kerry McGill of Greer & McGill, has been named Texas Managing Partner for Holden & Carr. The firm focuses on commercial, insurance and financial Kerry McGill

litigation services.

Founding Partner Steve Holden said, “Kerry and I will team together on Texas cases. He has been lead counsel on countless jury trials and successfully

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steered appeals through many high

exposure jury trials in state and federal courts.”

Holden & Carr’s three offices are networked to fully utilize high tech video conferencing which cuts client costs and gets cases resolved quickly.

Make your first call to Holden & Carr for in depth legal experience in Texas.

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19th Annual DBA Bench Bar Conference

October 14-16 at Horseshoe Bay Marriott Resort REGISTER NOW for the discounted EARLY BIRD RATE! Register at www.dallasbar.org. Space is limited!

Casual Attire Only! Approximately 4 hours from Dallas.

• Approximately 50 judges attending, and about 250 lawyers • More than 6 hours CLE, including 1.00 hour Ethics • CLE topics include the online juror, voir dire, judicial updates, solo & small firm marketing, ethics Jeopardy, a judicial review and more • Events such as karaoke, fun run, yoga, sporting clays, tennis, wine tour, golf, hangin’ by the pool, zip-line/canopy tour, biking and more

Jul y 2 0 1 0

Focus

Dal l as Bar A ssoci ati on l Headnotes 7

Bankruptcy Law

Probate Judgment Precludes Anna Nicole’s Claim

by Joseph Acosta

F

or those following Anna Nicole Smith’s bankruptcy case, the Ninth Circuit Court of Appeals recently determined Smith’s claim for tortious interference with an inter vivos gift, against E. Pierce Marshall, the son of the late J. Howard Marshall II, was precluded by an earlier judgment of a Texas probate court. The recent opinion is a testament to the rule that the Full Faith and Credit Act should be adhered to by all federal courts, irrespective of an intervening bankruptcy proceeding.

History

In April 1995, Smith filed a lawsuit in Texas probate court against Pierce Marshall, alleging tortious interference with an alleged inter vivos gift by Howard Marshall, Smith’s husband at the time. Several months later, after Howard Marshall’s death, Smith applied to have Marshall’s estate administered intestate. Pierce Marshall challenged this application, seeking a determination that Howard Marshall’s irrevocable living trust and will were valid.

In January 1996, Smith filed a chapter 11 bankruptcy case in Central District of California. Pierce Marshall subsequently filed an adversary proceeding in the bank-

ruptcy case, alleging that certain claims for defamatory statements made by Smith were non-dischargeable. In response, Smith asserted a counterclaim against Marshall similar to the tortious interference claim asserted in the Texas probate court.

In September 2000, the bankruptcy court entered a judgment against Pierce Marshall on Smith’s counterclaim. Pierce Marshall appealed the judgment to a California district court.

Meanwhile, the Texas probate proceeding continued unabated. However, Smith non-suited her tortious interference claim against Marshall in the probate proceeding after obtaining a favorable ruling by the bankruptcy court. In December 2001, after a five-month jury trial where the jury rendered a unanimous verdict that Howard Marshall’s estate planning instruments were valid, the Texas probate court entered a judgment in favor of Pierce Marshall on Smith’s tortious interference claim.

In March 2002, despite the probate court’s prior judgment, the California district court entered a judgment against Pierce Marshall on the tortious interference claim.

On appeal of the district court judgment, the Ninth Circuit reversed the judgment, concluding that the probate excep-

Justinian Award for Al Ellis

tion to federal subject matter jurisdiction precluded the adjudication of Smith’s claim.

That decision was appealed to Supreme Court of the United States, which ultimately determined that the probate exception did not apply.

Core Bankruptcy Matter

On remand from the Supreme Court, the Ninth Circuit determined that Smith’s claim did not constitute a “core” bankruptcy matter over which the bankruptcy court had authority to enter a final judgment. In doing so, the Court studied the history of bankruptcy jurisdiction, dating back to the Bankruptcy Act of 1898.

After considering this history, the Court recognized—as do the Fifth Circuit and most other jurisdictions—that a bankruptcy court holds minimal jurisdiction in cases where the outcome of the proceeding has only the possibility of affecting the estate being administered in bankruptcy. In such cases, the bankruptcy court only has authority to issue proposed findings of fact and conclusions of law—not a final judgment.

In Smith’s case, her counterclaim against Pierce Marshall was only tangentially related to the administration of the bankruptcy. Even though the counterclaim was in response to Pierce Marshall’s defamation claim, the counterclaim could have been brought independently of the bankruptcy proceeding and was not a necessary predicate to Pierce Marshall’s claim. As such, the counterclaim did not constitute a core bankruptcy matter and

the bankruptcy court had no authority to enter a final judgment.

Effect of Prior Judgment

Based on this jurisdictional finding, the Ninth Circuit had little choice but to acknowledge that the first judgment adjudicating Smith’s claim for tortious interference was that of the Texas probate court. The Ninth Circuit accordingly found that, pursuant to the Full Faith and Credit Act, the California district court was required to give preclusive effect to the Texas probate court’s prior judgment.

Applying the doctrine of collateral estoppel, the Ninth Circuit considered that several of the issues raised by Smith’s counterclaim were issues that had been fully litigated and determined by the Texas probate court. For instance, the jury in the probate case had concluded that Howard Marshall’s estate planning instruments were valid and that Howard Marshall did not intend to provide Smith with an inter vivos gift. Thus, the California district court “was bound to afford preclusive effect to the relevant factual findings made by the Texas probate court” and “similarly bound to afford preclusive effect to the overlapping legal issues finally determined by the Texas probate court.”

The judgment against Howard Mar HN shall’s son was reversed.

Joseph Acosta is a Member of the Dallas office of Looper Reed & McGraw, P.C. He can be reached at jacosta@lrmlaw.com.

Vision 2020—Your View As the work of the Vision 2020 Commission proceeds, the committee wants your thoughts and ideas on the project.

This is a project of your Association and it is intended to improve what the DBA does now for you and what it can do in the future.

E-mail your ideas and suggestions to dbavision2020@dallasbar.org.

This spring, the Dallas Lawyers Auxiliary presented the 28th Justinian Award to Al Ellis, in recognition for his years of dedication to volunteer service. Mr. Ellis is pictured with DLA president Joan Nye.

Ted M. Akin ★ 4,000+ cases mediated ★ Full-Time Mediator since 1989 ★ 90%+ settlement rate ★ 35 years of judicial experience ★ Justice retired 5th Court of Appeals ★ Chair - The Civil Collaborative Group ★ Member - The Association of Attorney-Mediators

3023 Hester Avenue Dallas, Texas 75205-3525 (214) 821-6370 www.judgeakin.com

★ Distinguished Mediator - Texas Mediator Credentialing Association ★ Panel - FINRA Dispute Resolution ★ Panel - CPR: International Institute for Conflict Prevention & Resolution

Mediator ★ Arbitrator ★ Special Judge

8 H e a d n o t e s l D a l l a s B a r A s sociation

Jul y 2010

Alice in BarNoneLand:

Celebrating its Silver Anniversary, the Bar None cast out did themselves in their 25th year—they definitely proved that their talents extend beyond practicing law, as nearly 50 performers entertained audiences for four nights in June, led by show director Martha Hardwick Hofmeister and producer Tom Mighell. Thanks to the Dallas Bar Foundation and these hard-working singers, dancers and actors, more than $1.2 million has been contributed to the Sarah T. Hughes Diversity Scholarships at SMU Dedman School of Law, and benefited 44 law students. For more information, visit http://www.barnoneshow.com.

IRS REPRESENTATION

est

1990

current

IRS TAX PREPARATION



delinquent  corporate  personal payroll taxes  irs audits

(972) 385-8182



(877) 590-2500

Jul y 2 0 1 0

Dal l as Bar A ssoci ati on l Headnotes 9

25 Years Through the Looking Glass

THE DALLAS JEWISH COMMUNITY FOUNDATION PRESENTS THE 15TH ANNUAL PROFESSIONAL ADVISORS SEMINAR: A NEW André R. Donikian, JD, attorney and a member of the New York Bar, is a noted planned and major gifts expert. As founder, president, and editor in chief of Pentera Inc., a full-service planned-giving firm based in Indianapolis, he has advised thousands of nonprofit organizations on all aspects of connecting organizations and donors.

Mr. Donikian has published and lectured extensively on philanthropic tax planning and has developed continuing education programs for state bar associations and accountancy boards.

Mr. Donikian has served on the board of NCPG and the Board of Advisors of Union College and is a founder and former board member of the Planned Giving Group of Indiana. He is the recipient of numerous awards, including the David M. Donaldson Distinguished Service Award from the Planned Giving Group of New England in 1991, and The Spirit of Philanthropy Award from The Center on Philanthropy at Indiana University.

Supporters Primary Underwriter

Major Sponsor Major Sponsor

TWIST TO CHARITABLE GIVING

September 16, 2010 7:30 to 10:15 a.m.

Westin Park Central 12720 Merit Drive Dallas, Texas 75251

Featured Speaker: Andre’ R. Donikian

Earn 2 CE Hours $55 early registration. $65 after September 1.

For more information call 214-615-9351.

www.djcf.org • info@djcf.org

Bessemer Trust Klein & Pollack, L.L.P. Register online at www.djcf.org/seminar.

TravisWolff Independent Advisors & Accountants Philip Vogel & Co. PC Hill Schwartz Spilker Keller, LLP Silverman Goodwin, PC Stanford Kaufman and Associates Weaver, LLC Wells Fargo

Create a Jewish Legacy

Benefactor

A Bequest and Endowment Initiative to Secure the Future of Jewish Dallas

10 H e a d n o t e s l D a l l a s B a r A ss ociation

Jul y 2010

DBA 100 CLUB – We Want YOU! What is the DBA 100 Club? The DBA 100 Club is a special membership recognition category that reflects a commitment to the advancement of the legal profession and the betterment of the community. The DBA 100 Club consists of Firms and Government agencies with two or more attorneys, as well as corporate legal departments that have 100% membership in the DBA. Recognition for 100% support will be given to the 2010 DBA 100 Club members in our July and August Headnotes.

The DBA 100 Club is open for renewal annually. We do not automatically renew memberships due to changes in firm rosters from year to year.

Do you see your name on the list? If not, you need to GET ON THE LIST! To become a 2010 DBA 100 Club member, please submit your request via email including a list of all lawyers in your Dallas office or corporate legal department to Kim Watson, kwatson@dallasbar.org. We will verify your list with our membership records and once approved, your firm will be added to the 2010 DBA 100 Club membership list!

Get on the list TODAY! DBA 100 Club Members As of June 10, 2010 Law Firms With 6 or More Attorneys Ackels & Ackels, L.L.P. Addison Law Firm P.C. Anderson Tobin, PLLC Baker Botts L.L.P. Beasley, Hightower & Hartmann, P.C. Blanscet Sutherland Hooper & Hale, LLP Brown & Hofmeister, L.L.P. Brown McCarroll, L.L.P. Burford & Ryburn, L.L.P. Canterbury, Elder, Gooch, Surratt, Shapiro & Stein, P.C. Carrington, Coleman, Sloman & Blumenthal, L.L.P. Carstens & Cahoon, LLP Cavazos, Hendricks, Poirot & Smitham, P.C. Cobb Martinez Woodward PLLC Collins Basinger Pullman Condon Thornton Sladek Harrell LLP Cowles & Thompson, P.C. Curran Tomko Tarski LLP ELROD, PLLC Ford, Nassen & Baldwin, P.C. Godwin Ronquillo PC Goranson, Bain, Larsen, Greenwald, Maultsby & Murphy, PLLC Griffith Nixon Davison, P.C. Gruber Hurst Johansen & Hail, LLP Guida, Slavich & Flores, P.C. Hermes Sargent Bates, LLP Hiersche, Hayward, Drakeley & Urbach, P.C. Johnson, Jordan, Nipper & Monk, P.C. Key Harrington Barnes PC Klemchuk Kubasta LLP Koons Real Estate Law Koons, Fuller, Vanden Eykel & Robertson P.C. Little Pedersen Fankhauser LLP Locke Lord Bissell & Liddell LLP Loewinsohn Flegle Deary L.L.P. Lynn Tillotson Pinker & Cox, L.L.P. Macdonald Devin, P.C.

Malouf Lynch Jackson & Swinson, P.C. Matthews, Stein, Shiels, Pearce, Knott, Eden & Davis, L.L.P. McCurley, Orsinger, McCurley, Nelson & Downing, L.L.P. McGuire, Craddock & Strother, P.C. McKool Smith P.C. Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P. Mullin Law, PC Munck Carter, LLP Munsch Hardt Kopf & Harr, P.C. Passman & Jones, P.C. Raggio & Raggio, P.L.L.C. Riney Palter PLLC Scheef & Stone, L.L.P. SettlePou Shackelford, Melton & McKinley, LLP Shannon, Gracey, Ratliff & Miller, L.L.P. Sorrels, Udashen & Anton Staubus & Randall, L.L.P. Stinnett Thiebaud & Remington L.L.P. Stutzman, Bromberg, Esserman & Plifka, P.C. Susman Godfrey L.L.P. Taber Estes Thorne & Carr PLLC The Bassett Firm, P.C. The Hartnett Law Firm The Law Offices of Frank L. Branson, P.C. Thomas, Feldman & Wilshusen, L.L.P. Thompson & Knight LLP Winstead PC Zelle, Hofmann, Voelbel, & Mason, L.L.P. Law Firms With 2 to 5 Attorneys Adair, Morris & Osborn, P.C. Aldous Law Firm Ashley & Laird Badmus Law Firm Barnett • McNair • Hall, L.L.P. Beirne, Maynard & Parsons, L.L.P. Blankenship, Wiland & O’Connor, P.C. Broden & Mickelsen Brousseau Graham & Dooley Brown Fox PLLC Bruegger & McCullough, P.C.

Calloway, Norris, Burdette & Weber Campbell & Chadwick, P.C. Carlock, Gormley, & Hight LLP Crain Lewis, L.L.P. Daniel Sheehan & Associates, LLP Deans & Lyons, LLP Dedman & Handschuch PLLC Dement Roach & Stern PLLC Durham & Pittard, LLP Eggleston & Chambers, L.L.P. Ellis & Tierney, LLP Garlitz Bell, LLP Geisler Hays, LLP Grogan & Brawner P.C. Hamilton & Squibb, LLP Hance & Wickham, P.C. Helms, Johnson & Diaz LLP Holmes Firm PC Horton & Archibald, P.C. Johnson & Silver, LLP Johnston ♦ Tobey, P.C. Kapioltas & Forni, PLLC Kastl Law Keane, Fowler & Donohue Krage & Janvey, L.L.P. Kurzner PC Law Office of Emily Horton PLLC Law Office of Lynn Davis Ward Law Offices of Terrence G. Turzinski, P.C. Lidji & Dorey Maris & Lanier, P.C. McFarlin Yu, PLLC Milby PLLC Miller and Bennett, Attorneys and Counselors Mincey-Carter, PC Mitchell, Goff & Mitchell, LLP Nesbitt, Vassar, McCown & Roden, L.L.P. Nowak & Stauch, LLP Park Segler LLP Peters Smith Law Firm Prager & Miller, P.C. Puls & Liebrecht PC Quaid & Quaid, L.L.C. Ramirez & Associates, P.C. Rasansky Law Firm

Ray & Thatcher, Attorneys at Law PC Sawicki & Lauten, LLP Schuerenberg & Grimes, P.C. Sessions Fishman Nathan & Israel LLP Sherman & Yaquinto, L.L.P. Simon & Robinson, LLP Simpson Woolley, L.L.P. Simpson Martin, LLP Smith, Stern, Friedman & Nelms, P.C. Stanley • Iola, LLP Stoddard & Welsh, PLLC Stradley & Wright Stuber Cooper Voge, PLLC Sullivan & Holston The Bhatti Law Firm, PLLC The DeLoney Law Group, PLLC The Elliott Law Firm, P.C. The Foret Law Firm The Krenik Law Firm The Law Offices of R. Jack Ayres, Jr., P.C. The Law Offices of Richard A. Gump, Jr., P.C. The Law Offices of Tim O’Hare The Lonergan Law Firm, P.L.L.C. The Perrin Law Firm P.C. The Roberts Law Firm Thomas & Blackwood, LLP Thomas, Cinclair & Beuttenmuller, PC Tillman Betanzos LLP Tobolowsky & Burk, P.C. Walker & Long Wesner Coke & Clymer, P.C. Whaley, Letteer & Mock, P.C. Winn, Beaudry & Winn, L.L.P. Yarbrough & Elliott, P.C. Corporate Legal Departments Belo Corp.

Contran Corporation Gearbox Software, LLC Genesco Sports Enterprises Morgan Management Corporation Government Agencies City of Irving

After Hours Grant Walsh

Magic With a Message

by Ginger Greenberg

I

magine the scene from the movie “Chicago” where Richard Gere is tapdancing his way through the trial of Roxie Hart, attempting to create “razzle dazzle” to redirect the jury and make it entertaining. Sounds like a magic show, doesn’t it? Magicians, like attorneys, use the information and props (i.e., evidence) on hand to their advantage and to build an interesting case, engaging the audience in a client’s story.

Grant Walsh, shareholder and managing director of litigation and dispute resolution for Mullin Law, PC, still pulls from his experience as a magician to read the crowd (i.e., the judge or jury) and speak to them with confidence and practiced public speaking skills. But today, he only uses magic to give back to the community by performing for school and church groups, as well as at local hospitals and retirement homes with his show entitled, “Magic with a Message.”

“Magic is a wonderful way to illustrate certain messages, and I still use my performances to deliver ideas tailored to each particular audience,” stated Mr. Walsh. “For example, I use magic

to share the Gospel in churches, but I also offer a secular message of reaching for your dreams and accepting personal responsibility whenever I perform for school groups.”

Walsh performed his first magic trick when he was 6 years old with a kit he received in a McDonald’s Happy Meal. He was encouraged by his parents to continue practicing magic

because they saw how quickly it helped develop his self-confidence, performance capability and communication skills. From there, his tricks grew bigger and better. By college, his favorite trick was the classic “Zig Zag,” where he cuts his assistant into three pieces and then puts her back together—giving every audience a big thrill. However, Walsh also enjoys the intimacy of performing close-up magic. For example, he performs a clever rubber-band routine with smaller audiences, demonstrating that magic can happen in very ordinary ways with simple props.

Even with a full case load and a toddler at home (plus one more on the way), Grant still finds time to donate his services—as a volunteer magician and pro bono attorney. He is a proud member of the Pro Bono College of Texas and he is committed to donating more than 75 hours every year to volunteer projects coordinated through the Dallas Volunteer Attorney Program in addition to perform HN ing “Magic with a Message.”

Ginger Greenberg is an account director at HCK2 Partners and a member of the DBA Media Relations committee. She can be reached at Ginger.Greenberg@hck2.com.

DAYL Food for Thought: Celebrity Chef Event Saturday, July 10 7:00-11:00 p.m.

Tower Club Dallas $75 per person, cocktail attire Open premium bar Proceeds benefit Big Thought Visit www.foodforthoughtdallas.com for more information or to order tickets.

Jul y 2 0 1 0

Focus

Dal l as Bar A ssoci ati on l Headnotes 11

Bankruptcy Law

Supreme Court Rules on Advice Bankruptcy Attorneys May Give

by Seth McCloskey

S

ince the Bankruptcy Abuse Prevention and Consumer Protection Act (the Act) was first enacted in 2005, consumer bankruptcy practitioners have faced the unyielding ethical dilemma of deciding how to best protect their clients’ interests without violating federal law. The Supreme Court’s recent decision in Milavetz v. United States, 2010 WL 757616 (U.S. Mar. 8, 2010) has finally clarified the burdensome issues of who is a “debt relief agency” and, thus, must comply with Section 526(a)(4) of the Bankruptcy Code, and when a debt relief agency may advise its client to incur further debt while contemplating bankruptcy.

To resolve the conflict between the 8th and 5th Circuit Courts of Appeals regarding the constitutionality, meaning, and application of Section 526, the United States Supreme Court granted certiorari to consider the “threshold question [of] whether attorneys who provide bankruptcy assistance to assisted persons are ‘debt relief agencies’ within the meaning of § 101(12A)” of the Bankruptcy Code and the related question concerning the scope of Section 526(a)(4).

In a 9-0 decision, the Supreme Court held that bankruptcy attorneys are debt relief agencies who must comply with the restrictive proscriptions of Section 526. The Court reasoned that both the plain meaning of Section 101(12A), as well as the legislative history concerning the Act’s purpose, reveal that Congress intended to include attorneys as debt relief agencies “when they provide qualifying services to assisted persons.”

Settling this initial query allowed the Court to segue into the more con-

troversial, and heavily-litigated, issue of whether Section 526(a)(4) imposes limitations on speech beyond what is narrow and necessary, rendering it unconstitutionally restrictive. Milavetz (along with a large constituency of bankruptcy attorneys), contended that Section 526(a)(4) unconstitutionally prohibited a debt relief agency from advising its client to incur any new debt while contemplating a petition for bankruptcy, even when doing so would otherwise be prudent and lawful.

In practice, the oft-cited examples of illicit but prudent advice under Section 526 include situations when a debtor is unable to pay the attorney’s fees and court costs associated with filing a bankruptcy, but has access to financial assistance from family members or friends. Similarly, situations arise when a debtor must buy a reliable automobile so he can go to and from work; or when refinancing the debtor’s house would result in a lower interest rate generating financial resources to pay down other debts or obviate the need to file bankruptcy altogether. In each of these scenarios, an attorney’s advice to his client to incur such debt may be considered prudent advice not aimed at abusing the bankruptcy system or harming the interests of creditors. Indeed, such advice may be helpful to debtors and creditors alike.

With this background, the Supreme Court was faced with balancing the restrictions imposed by the Bankruptcy Code upon the hapless bankruptcy attorney who must decide between either committing malpractice by underrepresenting his clients’ best interests and withholding otherwise lawful, and often essential, advice, or violating the sweeping mandates of

Law Student Professionalism Program

On May 27, the DBA and the DBF hosted a Law Students Professionalism Program which featured keynote speaker Harriet Miers; a mentoring round table, featuring panelists Karen L. Hart, Luke McLeroy, Tonya Parker, Bryan Snoddy and moderator Jacob Marshall; small group sessions; and a business etiquette presentation by DBA Director Brad Weber.

Section 526(a)(4).

The Supreme Court confronted this issue head on, and unanimously agreed that Milavetz’s broad view of Section 526(a)(4) was erroneous; the Code only restricts abusive practices in which the “impelling reason for advising an assisted person [or debtor]…to incur more debt was the prospect of filing for bankruptcy.”

In other words, the Court held that advice to incur more debt for reasons other than the prospect of filing for bankruptcy is not prohibited by Section 526(a)(4), as long as the newlyincurred debt is “reasonably necessary for the support or maintenance of the debtor or a dependent of the debtor.”

In crafting its decision, the Court analyzed the legislative intent behind Section 526(a)(4), revealing an apparent fear in Congress of bankruptcy attorneys who encourage their clients

to “load up” on debt on the eve of bankruptcy to receive an ultimate discharge and last minute windfall. The Court recognized that “it would make scant sense to prevent attorneys and other debt relief agencies from advising individuals thinking of filing for bankruptcy about options that would be beneficial to both those individuals and their creditors.”

The precepts of the Milavetz decision effectively bridged the gap between client representation and self-preservation, easing the burden on bankruptcy practitioners who face the ethical dilemma of zealously representing their clients while protecting their practice HN from violating federal law.

Seth McCloskey, an associate at Reed & Elmquist, P.C., practices bankruptcy law, including representation of consumer debtors and bankruptcy trustees. He can be reached at smccloskey@bcylawyers.com.

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

Jul y 2010

Trial Lawyer of the Year continued from page 1

he knew he wanted to be a lawyer, Frank initially thought he wanted to be a real estate lawyer. Tortfeasors and insurance companies can thank Steak & Ale for one of the nation’s premiere Plaintiffs’ lawyers. While in law school, Frank worked as a waiter at Steak & Ale, a job he enjoyed. An unpleasant encounter with a new manager sent Frank to the job postings on the Career Services bulletin board where he found a new job as an insurance adjuster. Yes, the man who has made life miserable for insurance adjusters for over 40 years found his inspiration as an insurance adjuster.

The new job was eye-opening. “I saw that people who were hit in car crashes were injured twice,” Frank said. “They were injured once by the tortfeasor that hit them and then again by the insurance company, which would starve them out and pay them as little as they could.”

Frank saw how people were treated differently based on the quality of lawyer the person hired. “Insurance companies would pay one amount in cases with a lawyer known to settle, and then a higher amount to those lawyers who had a history of trying cases and winning,” he said. “Back then, few lawyers specialized in personal injury; lawyers like Russell Baker, John Wilson, Joe Hill Jones and the lawyers in their firms were paid top value because they would not only get the case ready, but they would try the case if top value was not on the table.”

Frank took these lessons to heart when he graduated. After a year with a general practice firm where he tried a murder case and won the largest civil verdicts in successive weeks in Fort Worth and Dallas, he joined Burt Bader and John Wilson in a firm that would later be named Bader, Wilson, Menaker, Cox & Branson. With a heavy emphasis on personal injury and workers compensation cases, Frank tried case after case.

Mr. Bader was the first President of the Dallas Trial Lawyers Association, a post Frank later held.

In 1978, Frank formed the Law Offices of Frank L. Branson, P.C., where he established a reputation as an innovative, thorough and fearless lawyer. “What distinguishes Frank is that he was one of the earliest in the profession who approached lawsuits from an entirely scientific point of view,” says Ronnie Krist, partner at the Krist Law Firm in Houston. “His use of very sophisticated human anatomical models, displays of physical evidence and

DBA Earns State Bar Awards

3-D demonstrations of defective products and their effects on human beings go far beyond what mere words can describe.”

Frank is generous with his expertise. He donates a great deal of time to CLE programs, teaching lawyers his secrets to trying cases.

Adversaries know when they draw Frank on the other side that they are in for a fight, but a fair one. He plays hardball, but also “by the rules,” said Jeff Ray, a partner at Ray, Valdez, McChristain & Jeans in El Paso, who has frequently defended lawsuits brought by Branson.

“At times,” Ray recalled, “I’ve found he knows things about my client that surprised me. Frank will look under every rock and he’s sure to find every violation [of the law] that your client ever had.”

Despite a career full of multimillion dollar verdicts and professional awards (Forbes once named him among the “50 most successful trial lawyers in the U.S.), there is no letting up. He is currently working on the high-profile case involving the collapse of the Dallas Cowboys practice facility, where one individual was paralyzed and another suffered a broken neck.

“Frank is simply one of the very best there has been in the business,” said Ike Vanden Eykel, President of the Dallas Bar Association. “I am very proud to have him in my profession.”

Frank has been listed in Best Lawyers of America since 1987 and in Super Lawyers (the Top 100) since its inception in 2003. For the past three years, he has been listed in the Top 10 Lawyers in Texas by Super Lawyers. He is past-president of the Dallas Chapter of the American Board of Trial Advocates, the Southern Trial Lawyers Association and the Executive Committee of Southern Methodist University Dedman School of Law, where he also received an LL.M. in 1974.

In 2001, he received the Southern Trial Lawyers Association’s Warhorse Award for his extraordinary contribution to the trial bar of the nation. He was also the 2010 recipient of the SMU Distinguished Alumni Award for Private Practice.

“Against odds that sometimes seem insurmountable,” said Frank, “I try to right wrongs, level the playing field and convince jurors to make my clients whole again.”

HN Congratulations, Mr. B! Rob Crain is a personal injury lawyer with Crain Lewis, L.L.P. and a Director of the Dallas Bar Association. He worked as a lawyer for Frank Branson for six years. He can be reached at rcrain@crainlewis.com.

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T

he Dallas Bar Association accepted numerous awards for its programs and services at the State Bar of Texas Annual Meeting June 10.

This year, the State Bar’s Local Bar Services Committee selected the DBA as the recipient of the Award of Merit for best overall local bar association programming. In the past year, the DBA’s sections and committees have presented nearly 400 CLE programs—most of which are free to its members. Further, the DBA makes a significant impact in the community through programs with the Dallas ISD, SMU Dedman School of Law, Habitat for Humanity and many other charitable organizations.

The DBA also earned the Star of

published in November 2009 issue: “Federal Law Reemployment Rights for Qualifying Veterans” by Sandra Dielman and Jodie Michalski; “When DOL Knocks on Company Doors: Open With An Action Plan,” by Jill Weinberg; and “Overtime Risks of Employees’ Work Using Wireless Devices,” by Natalie Arbaugh. * Best News Article: “Five Things You Need to Know About Changes to HIPAA,” by Chuck Blanchard. * Best Series of General Interest Articles: DBA Presidents’ History columns from the book, The First 100 Presidents of the Dallas Bar Association, by Darwin Payne; adapted for Headnotes by Jessica D. Smith.

Various DBA members received individual awards at the annual meeting, including:

SBOT President Roland Johnson (center) presented awards to First Vice President Paul Stafford, Immediate Past President Christina Melton Crain, DBA Executive Director Cathy Maher, and DBA President-Elect Barry Sorrels.

Achievement Award for the Amachi Program, which is a mentoring program that uses faith-based and secular partners to match children of offenders with adult role models to break the intergenerational cycle of incarceration. Amachi Texas became the first program of its kind to go statewide. By forming a partnership with Big Brothers Big Sisters of North Texas, the DBA set its initial goal to mentor 100 children in 2009—a goal that was accomplished.

Additionally, the SBOT awarded the Dallas Volunteer Attorney Program with the Pro Bono Program of the Year Award, presented by the State Bar Legal Services to the Poor in Civil Matters Committee.

This award honors a volunteer attorney organization that has made an outstanding contribution toward guaranteeing access to justice to the legal system by the poor.

Taking home a Stars of Texas Award was the Dallas Association of Young Lawyers for their Spanish Public Service Announcement project, !Protejase! Luche el Fraude!

Awards were also presented to the following authors for outstanding articles published in Headnotes: * Best Series of Substantive Legal Articles: Labor and employment law articles

• Talmage Boston received a Presidential Citation for planning an entire day of ethics programming surrounding the ideals of Atticus Finch.

• Hon. Jerry Buchmeyer received the Judge Norman W. Black Award, presented posthumously.

• Jim Cowles received the Legends Award from the Insurance Law Section.

• Henry Gilchrist received an Outstanding 50 Year Lawyer award.

• Hon. Douglas Lang received the Presidents’ Award for outstanding contributions to the legal profession.

• Barton E. Showalter received the Chair Award, presented by the Intellectual Property Law Section.

• Rebekah Brooker, Kelly Burris, Thea Dalkalitsis, Christopher Rogers, and Rosalyn Tippett received a Texas Young Lawyers Association Presidents’ Award of Merit.

At the annual meeting, Terry Tottenham of Austin assumed the role as president of the State Bar. Bob Black of Beaumont became president-elect. HN Jessica D. Smith is the DBA’s Communications/Media Director.

She can be reached at jsmith@dallasbar.org.

Jul y 2 0 1 0

Dal l as Bar A ssoci ati on l Headnotes 13

Judicial Profile: Honorable Stacey G.C. Jernigan

by Amy Elizabeth Stewart

A

s an experienced bankruptcy practitioner who strives instinctively to find the “right answer,” serving as a judge seems like the natural destination for Judge Stacey G.C. Jernigan.

A Dallas native, Judge Jernigan grew up in Oak Cliff and attended Skyline High School, graduating in 1982. She then attended Southern Methodist University, where she majored in accounting and minored in Italian. Judge Jernigan studied Italian because of her passion for music and love of opera. She was a church pianist through college and, for a time, even considered a music major.

After college, Judge Jernigan attended law school at the University of Texas at Austin, graduating in 1989. She began her law career in the Dallas bankruptcy section of Haynes and Boone. Drawn to the challenge of solving complex legal and business problems, and equipped with her strong accounting background, bankruptcy law was the perfect fit. Judge Jernigan describes the practice as a “hybrid practice–combining litigation with transactional work, and legal analysis with business problem-solving.”

Haynes and Boone’s robust bankruptcy section was a key factor in her decision to join that firm, which proved ideal for developing her inimitable passion for the practice of bankruptcy law.

Judge Jernigan made partner in 1997 and three years later was asked to head the bankruptcy section. In private practice, she represented mostly debtors, committees and purchasers in large, complex Chapter 11 cases and out-of-court workouts. She developed specific industry expertise focusing on energy companies, regulated entities, real estate businesses and public companies.

On May 12, 2006, Judge Jernigan was appointed to the United States Bankruptcy Court for the Northern District of Texas, Dallas Division, realizing her long-standing dream of becoming a bankruptcy judge. She describes her judicial personality as “relatively formal,” driven in part by appropriate judicial decorum and in part by the sheer magnitude of her caseload. (Bankruptcy judges in the Northern District typically manage 4,500 to 5,000 cases, or more, at any given time.)

Although the Northern District is paperless, Judge Jernigan appreciates

Hon. Stacey Jernigan

receiving bench copies of documentintensive pleadings, such as summary judgment motions with numerous exhibits, fee applications and papers applicable to “first day hearings” (initial hearings in large, complex cases). The judge finds it helpful when lawyers in her court offer to provide an abridged version of opening statements in lieu of full statements; this allows her to manage her time while getting sufficient background to adjudicate the dispute.

Lawyers appearing before Judge Jernigan are likely to have their hearings and other case business handled in the courtroom, as opposed to chambers. She values 100 percent transparency and expects all relevant facts to be “on the record, out in the open”–no secrets. Not surprisingly, Judge Jernigan appreciates lawyers who are well-prepared, focused and efficient. Lawyers who seem confused by a reference to the Dondi opinion (or those who call it “the Ghandi opinion”) have some homework to complete.

When asked who had the greatest influence on her life, Judge Jernigan identifies United States Bankruptcy Judge D. Michael Lynn, several senior partners at Haynes and Boone who invested in her career, and her husband. Judge Lynn was a “hero and mentor” to Judge Jernigan before she took the bench. The more senior judge served as an invaluable resource and encouraged Judge Jernigan throughout the process of becoming a bankruptcy judge.

Her mentors at Haynes and Boone influenced her development as a bankruptcy practitioner from the outset of her career.

Judge Jernigan describes these senior partners as “expert” lawyers who were passionate about their careers and as invested in her success as their own.

“They gave me many opportunities even before I had really earned them and always treated me as an equal,” she said.

“I was very blessed and lucky to have worked for partners early in my career who allowed me to be myself and pushed me to excel.”

Judge Jernigan’s husband, Jack, has also served as her “coach, advisor and encourager” throughout her career. A Dallas police officer and former high school football coach, he has been a key source of perspective and advice for the judge.

Judge Jernigan’s extra-curricular activities revolve primarily around her active family. She and her husband have a 16-year-old son (an avid participant on his cross-country track team) and 12-yearold daughter (who inherited her mother’s musical gene and looks forward to being a cheerleader next year). In her free time, the judge also enjoys high school football, HN cycling and travel.

Amy Elizabeth Stewart is a shareholder with Amy Stewart PC. She is a member of the Publications Committee. She can be reached at amy@amystewartlaw.com.

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14 H e a d n o t e s l D a l l a s B a r A ss ociation

In the News

Jul y 2010

July

FROM THE DAIS

Kenneth G. Raggio, with Raggio & Raggio, P.L.L.C., spoke at the National Conference on Divorce sponsored by the American Institute of Certified Public Accountants and the American Academy of Matrimonial Lawyers in Las Vegas.

Mark D. Downey, of Munsch Hardt Kopf & Harr, P.C., spoke at the 2010 Dallas HR Risk Management Conference.

Jonathan K. Hustis, of Phillips & Reiter PLLC, spoke at the North Texas Enterprise Center (NTEC) Professional Services Series.

Mike Farris and Sally Helppie, of Tipton Jones, appeared on the Legal Issues in Film Panel, sponsored by the SMU Law School’s Sports & Entertainment Law Association, at the Dallas International Film Festival. Sally Helppie also spoke to the Dallas Christian Media Association.

KUDOS

Patrick J. Maher, of Shannon, Gracey, Ratliff & Miller, LLP, has been elected as a Fellow of the College of Labor and Employment Lawyers. He was the only Texas elected to the college this year and joins one of only 45 Texas Fellows.

Charles O. Galvin has been selected by the Section of Taxation of the State Bar of Texas to receive the 2010 Outstanding Texas Tax Lawyer Award.

M. Seth Sosolik, of Kroney Morse Lan, P.C., has become a Shareholder.

Sam Hallman, of Strasburger & Price, LLP, has been elected president of the Transportation Lawyers Association

John H. Martin, of Thompson & Knight, LLP, has been named President of Lawyers for Civil Justice, a national organization of defense lawyers and corporate counsel dedicated to fairness and improvements within the civil justice system.

Tim Gavin, with Carrington, Coleman, Sloman & Blumenthal, L.L.P., has been re-elected as Managing Partner. Bruce Collins and Diane Sumoski have been re-elected as members of the firm’s Executive Committee. Diane Sumoski has also received the Louise Raggio Women’s Legal Advocate Award, given annually by Legal Aid of NorthWest Texas.

James C. Ho, the Solicitor General of Texas, received the Lee Liberman Otis alumni award at the University of Chicago Law School.

J. Kevin Gray, with Fish & Richardson P.C., has been named as one of the top 250 intellectual property strategists and licensing attorneys in the world by the editors of Intellectual Asset Management magazine.

four Associates: Bryan L. Larson, Bryan Harry D. Jones and Jessica Brown Wilson D. Garner, Christopher W. Neilson, and have joined Littler Mendelson, P.C. as Shareholder and Associate, respectively.

Shannon Fey Stapp.

Justin Almand, Bryan Erman and Jacob Kyle B. Beaty has joined Winstead PC, A. Hill have joined Carrington, Cole- as Finance & Banking Shareholder. man, Sloman & Blumenthal, L.L.P., as The Copp Law Firm, PC, has moved to Associates.

208 N. Market Street, Suite 485, Dallas, Scott Anderson, Aaron Tobin and TX 75202 Stewart Clancy have started Anderson Tobin, PLLC, a full-service business and Mina R. Saifi has joined Dykema Gosemployment firm. Kristine A. Dittmeier, sett PLLC, as an Associate.

Allison L. Grossman and Kendal B. Reed are Associates, and Keith Harvey is Of Leslie P. Fisher has joined Greenberg Traurig LLP as an Associate in the LitiCounsel to the firm. gation Practice.

Dena DeNooyer Stroh and David F. Wishnew have joined Gruber Hurst Cathy Lang and Paul S. Leslie have Johansen Hail, L.L.P., as Senior Counsel joined the firm of Taber Estes Thorne & Carr, PLLC. and Associate, respectively.

Dragon Boat Festival Champions

Linda A. Wilkins, of the Law Offices of Linda A. Wilkins, spoke at the American Conference Institute in New York on the topic “IRS/Treasury Regulatory Developments.”

ON THE MOVE

Darryl Burke has joined the firm McKool Smith as a Principal.

David S. Denton has joined Cobb Martinez Woodward, PLLC, as an Associate.

Mark Weibel has joined Thompson & Knight, LLP as Partner, together with Top: Team members of ‘Legal Lions’ include: Alice Li, Stacey Cho, Ana Chan, Valerie Ly, Sakina Rasheed, Stephanie Tan, David Owens, Steven Chen, Monika Sanford, Wesley Young, Hao Ni, Sally Huang, Kelly Chen, Albert Tan, Peter Chen, Alan Chew, Paul Stafford, Romy Cheema, Minh Ly, Bill Richmond, Vincent Bhatti and Sandy Liu (not pictured).

Bottom: The Dallas Asian American Bar Association’s Dragon Boat Festival Team, the Legal Lions, earned 1st place in this year’s race. Pictured with the winning trophy is DAABA President Hope Shimabuku and DBA Board Member, and team member, Paul Stafford.

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Jul y 2 0 1 0

Dal l as Bar A ssoci ati on l Headnotes 15

Classifieds

July

OFFICE SPACE

High-rise views at low-rise rates. Panoramic views from 63rd floor. Class-A downtown space close to courthouse, AV-rated law firm. Access to large conference room, library, kitchen. Secretarial, clerical, reception available.

One office available with a very nice secretarial station. Negotiable. Call Kay (214) 761-6463.

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

North Dallas Tollway (Galleria area) office spaces. Hardwood floors and ornate mahogany paneled walls in common areas. Three available: one approx. 14.5’ x 19’ with built-in mahogany secretarial carrel (located in outer office area), one approx. 12.5’ x 14.5’, one approx. 12.2’ x 13.2”. All have access to three conference rooms, copier, postage meter and two kitchens.

Receptionist services available. Please call Kristi at (972) 934-4100.

Campbell Center: AV law firm has 2 offices for sublease. New space with exceptional finish out and elevator exposure, amenities included. Law firm also has overflow business litigation work for associate level attorney. Call Joy (214) 361-1262.

Attorney sublease in downtown Dallas business law firm. Easy freeway access, great views and free parking. $16.75 sq ft (tracks primary lease).

Inquiries to: Dallas Bar Association, Box 07-10A, 2101 Ross Avenue, Dallas, TX 75201.

Galleria Area: Law firm located at Lincoln Centre has exterior window offices and interior secretarial offices available. Offices can be rented individually or as a package. Includes use of 2 conference rooms, 2 copiers/scanners, postage meter, fax, VoIP, T1 Internet phone service, 2 kitchens, reserved garage parking. On-site gym and restaurants. E-mail bcollette@dalpat.com for details.

Plano-Park and Tollway. Attorney (window) and secretarial (interior) offices available. Conference rooms, kitchen, and potential referrals. Call Susan at (972) 991-1606.

SMU(Yale)/Central. Partner office and secretarial space. Beautiful 12th floor view of SMU/Park Cities. Professionally decorated, beautifully furnished. Receptionist, elegant conference room, kitchen, DSL, door signage, restaurant, bank, barber, parking, DART. Office $1,095.00/mo., secretarial space $300.00/mo. (214) 3699888 Four offices available for rent in our historic West End building. Three of the offices rent at $750 each and the fourth is $650 per month. All offices can rent individually or as a package.

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

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For more information about becoming a monthly parker in the Belo Mansion garage, contact Tom Grey at (214) 880-4459.

The number of monthly parkers is limited.

E- Mentoring: Making a Difference One Email at a Time!

Want to get involved in E-Mentoring?

Join us for a meeting on: Wednesday, July 14 at Noon Belo Mansion

Sublease opportunity in Richardson. Three window offices, one interior office and one legal assistant area available. Receptionist, telephone system linked with your desktop, Internet, three conference rooms, two kitchens & free parking with 24-hour access to building. Office environment is friendly and quiet and has updated furnishings and technology.

Contact Jennifer Som at Jennifer@ baalegal.com or at (214) 570-0700 for more information.

POSITION AVAILABLE

Partner-Level: Patent law boutique, consisting of prep/pros lawyers with large-law firm experience, working in an “eat what you kill environment,” is seeking partner-level patent attorney with prosecution experience. A selfsupporting book of portable business is a positive, but not imperative. Please e-mail your resume to bcollette@dalpat.com.

Midsized AV-Rated firm in Downtown Fort Worth seeks attorney with seven or more years experience in con-

struction and litigation. First chair experience preferred. Submit resumes to aflowers@deckerjones.com.

POSITION WANTED

Need Help with Overflow Legal Work. Attorney with large firm experience in transactional, litigation and bankruptcy available for contract assignments on as-needed basis from my office or on-site. Excellent academic credentials. Rates negotiable.

Contact mark@business-lawyer.net or (214) 331-6300

SERVICES

Mexican Law Expert—Attorney, former law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues—forum non conveniens, Mexican claims/defenses, personal injury, moral damages, Mexican contract law.

Co-author, leading treatise in field.

J.D., Harvard Law. David Lopez (210) 222-9494 / dlopez@pulmanlaw.com.

PLACE YOUR AD HERE! For affordable classified advertising rates call Judi Smalling at: (214) 220-7452.

The Dallas Volunteer Attorney Program and SMU Dedman School of Law W.W. Caruth, Jr. Child Advocacy Clinic and Institute Present Ad Litem and Amicus Attorney Court Appointments: Inside and Outside the Box Training (MCLE 10.50, Ethics 2.00, pending) July 14, 8:50 a.m. to 4:55 p.m.

July 15, 8:50 a.m. to 12:30 p.m. at the Belo Speakers will address topics including interviewing children, family violence, immigration, etc. For more information on DVAP, contact Chris Reed-Brown, reed-brownc@lanwt.org. For inquires regarding the agenda and pre-registration, contact Kathleen Turton at kturton@smu.edu.

DVAP’s Finest Vynessa Nemunaitis

Vynessa Nemunaitis is a corporate attorney with Fulbright & Jaworski L.L.P. She volunteered fulltime with the Dallas Volunteer Attorney Program before starting her career at Fulbright. During that time, Vynessa helped with administrative matters and volunteered at the monthly clinics and CLE training programs. Specifically, Vynessa served as a liaison between DVAP and Dallas attorneys who volunteered for cases, and responded to the questions and concerns of DVAP clients. Vynessa currently volunteers her time at the newly-established Veterans Affairs Clinic, which is sponsored

by Fulbright and Gardere Wynne Sewell LLP. At the VA Clinic, she processes and interviews veterans, advising them on various legal issues. Through this monthly clinic, Vynessa and other volunteers provide legal assistance to Dallas’ well-deserving veteran’s community. Thank you, Vynessa!

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

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

www.dbamentor.org 800.460.7248 www.sbotit.com

A joint effort by the DBA, DAYL and the Dallas ISD

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

16 H e a d n o t e s l D a l l a s B a r A ss ociation

Jul y 2010

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