Dallas Bar Association
HEADNOTES March 2012 Volume 37 Number 3
Focus Sports & Entertainment Law
Slack & Davis LLP Helps DVAP Reach Historic Goal By Alicia Hernandez
Ladd Sanger and Paula Sweeney of Slack & Davis’ Dallas office played a major role in the 2012 Equal Access to Justice Campaign benefitting the Dallas Volunteer Attorney Program (DVAP). Their $15,000 gift to the campaign was the donation that made the campaign reach its historic $750,000 goal. Slack & Davis, an Austin-based personal injury firm specializing in aviation, catastrophic collisions and other matters, is a first time donor to the Equal Access to Justice Campaign but no stranger to community service. Their gift to the Dallas Volunteer Attorney Program, a joint program of the Dallas Bar Association and Legal Aid of NorthWest Texas, is an extension of their many efforts to support legal aid organizations and other services for the poor, including the Legal Aid Society of Central Texas, Volunteer Legal Services, Habitat for Humanity and Goodwill Industries. Access to our courthouse has been a constant refrain in the 2012 Equal Access to Justice Campaign and a primary reason many donors support the campaign. Slack & Davis is no different. “The courthouse doors need to be accessible to everyone,” said Mr. Sanger, Managing Partner of the firm’s Dallas
Ladd Sanger office. “Many times those who have the highest need for access to the justice system have the least access. Both contributions to DVAP and our daily practice are geared to helping those in their time of need get access to and navigate the civil justice system.” Access to justice not only keeps the courthouse doors open, it helps people build trust in a legal system that can oftentimes be intimidating and confus-
Paula Sweeney ing. It gives DVAP’s clients the legal advice, information and representation they need to understand their rights. It helps them make informed decisions about personal matters that can deeply affect their lives. And it provides the advocates needed to guide people through the legal system. It is also about keeping the promises of our constitution working for all. “We appreciate that DVAP is one
of the forces working to keep the 7th Amendment right to jury trial in civil cases alive and meaningful,” said Ms. Sweeney, Of Counsel at Slack & Davis. “If everyone does not have an equal opportunity to seek justice at the courthouse it will become a tool for those with the means. If that were ever to happen, it would undermine the integrity of the entire civil justice system,” added Mr. Sanger. Slack & Davis’ gift also demonstrates the continued influence that our past supporters—those who believed in the cause but are no longer with us—have had on DVAP, the campaign and the Dallas community. “In my first job out of law school, John Howie told me that as lawyers we need to do our part to keep the court house doors open to those without the financial resources to pay a lawyer,” said Mr. Sanger of his mentor, the late John Howie. Ms. Sweeney’s decision to support the Equal Access to Justice Campaign was also influenced by her good friend and former law partner Mr. Howie: “John was a tireless supporter of access to justice for all,” she said. “It is our honor HN to continue his tradition.” Alicia Hernandez is the Director of the Dallas Volunteer Attorney Program and the DBA Director of Community Services. She can be reached at ahernandez@dallasbar.org.
Judge Barbara M.G. Lynn To Receive 2012 DBF Fellows Award by Kim J. Askew
The Dallas Bar Foundation will honor Judge Barbara M.G. Lynn on March 28, 2012, with the 2012 Dallas Bar Foundation Fellows Award. The Fellows Award honors a lawyer who adheres to the “highest principles and traditions of the legal profession,” “is highly respected in the community,” and provides “service to the community while adhering to the highest ethical standards.” As a leader in the community and profession, a legal trailblazer, and successful jurist, Judge Lynn epitomizes the ideals recognized by the DBF Fellows Award. Her long-time friend Ronald L. Marmer, Chair of the American Bar Association Section of Litigation, captures the essence of Judge Lynn. “I have known Barbara since the fourth grade and she has always been a natural leader. She is one of a kind.” Indeed, her keen intellect and leadership skills have catapulted her to the top of the profession. After graduating summa cum laude from the University of Virginia, and first in her class from SMU Dedman School of Law, Judge Lynn began her legal career at Carrington, Coleman, Sloman & Blumenthal LLP. She was consistently named among the Best Lawyers in
America in Business Litigation, and the Board of Trial Advocates honored Judge National Law Journal named her as one of Lynn as “Judge of the Year.” Judge Lynn’s service to the profession the 50 most influential women lawyers in is legendary. She has served the nation in 1998. In 1999, as chair of both the ABA SMU bestowed upon her its Section of Litigation and the Distinguished Alumni Award ABA Judicial Division. Mr. for private practice. Marmer described her as one James E. Coleman, a forof the ABA Section of Litimer recipient of the Fellows gation’s “treasured advisors,” Award, recalled meeting whose “volunteer and proJudge Lynn as a law student fessional work is exhausting at SMU and immediately just to recount. But she does knowing that she would have it all with enormous skill and a significant impact on the good humor.” profession. “We hired BarShe has chaired the bara when the downtown law Committee on the Adminfirms did not hire female lawistration of the Bankruptcy yers. Being a feminist myself, Hon. Barbara M.G. Lynn System of the Judicial Conthat was never an issue for my firm. She was smart, had boundless ference of the United States, the Fedenergy, and the drive to achieve what- eral Trial Judges Conference, and the ever she wanted. The rest is history. She Research Fellows of the Southwestern is simply outstanding in everything she Legal Foundation (now The Center for American and International Law), and has ever done.” After success as a practicing law- served as a member of the ABA Standyer, Judge Lynn began her service on ing Committee on Federal Judicial the United States District Court for the Improvements. She is a Fellow and forNorthern District of Texas in February mer Committee Chair of the American 2000, where she is known as a brilliant, College of Trial Lawyers, and a member fair and hard-working jurist who has pre- of the American Law Institute. She has sided over high-profile cases. In 2004, served as President, and on the Board of The Dallas Chapter of the American Directors, of the International Women’s
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Forum of Dallas. Judge Lynn is a former President of the Patrick E. Higginbotham Inn of Court where she is still an active member. Last year, when a new American Inn of Court for intellectual property lawyers was chartered in Dallas, its founders designated it “The Honorable Barbara M.G. Lynn American Inn of Court.” She has spoken on trial, evidentiary and intellectual property topics at seminars and conferences across the country. Ever the teacher, she has presided over countless mock trials for high school and law school students. Judge Lynn is known for her mentorship of women lawyers. She has set an example for others through her own life, having balanced the demands of being a wife and mother while maintaining a highly successful law practice. She opens doors for women lawyers and has done so at every level in the profession. Roberta D. Liebenberg, a former Chair of the ABA Commission on Women in the Profession, spoke of the importance of Judge Lynn’s mentoring role. “Judge Lynn is a paradigm of how to mentor women lawyers and has always done so as a practicing lawyer and now continued on page 6
2 He a d n o t e s l D a l l a s B a r A s s o ciation
Calendar
March Events
MARCH 2-BELO Noon
FRIDAY CLINICS
“Expanding Your Dispute Resolution Toolkit: Using Collaborative Law to Resolve Business Disputes,” Anne Shuttee. (MCLE 1.00)*.
MARCH 9-NORTH DALLAS** Noon
“Basic Medicaid and VA Planning — What Every Lawyer Should Know,” Robert Kraft. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Griffith Nixon Davison P.C. RSVP to kzack@dallasbar.org.
MARCH 16-BELO Noon
Topic Not Yet Available
THURSDAY, MARCH 1
Law in the Schools & Community Committee
Noon
Judiciary Committee
Christian Lawyers Fellowship
Family Law Section Board Meeting
DAYL Freedom Run Committee
Dallas Asian American Bar Association Committee
St. Thomas More Society
FRIDAY, MARCH 2 Noon
Friday Clinic-Belo “Expanding Your Dispute Resolution Toolkit: Using Collaborative Law to Resolve Business Disputes,” Anne Shuttee. (MCLE 1.00)*.
MONDAY, MARCH 5 Noon
Tax Section “What Every Lawyer Should Know About 409A,” Linda Wilkins. (MCLE 1.00)*
Bench/Bar Conference Committee
Peer Assistance Committee
Corporate Counsel Section “The State of Arbitration Agreements and Covenants Not To Compete,” Rob Friedman and Scott McDonald. (MCLE 1.00)* Tort and Insurance Practice Section “From Mass Disaster to Mass Payment or Trial – The BP Oil Spill MDL Rocket Docket,” Mikal Watts. (MCLE 1.00)*
Noon
Employee Benefits Section “Executive Compensation Payroll Pitfalls and Blunders,” Mark W. Spittell. (MCLE 1.00)*
Solo & Small Firm Section “The Ethical Lawyer: Avoiding Malpractice and Honoring the Practice of Law,” Robert L. Tobey. (Ethics 1.00)*
Public Forum Committee
DAYL Judiciary Committee
5:00 p.m. Bankruptcy & Commercial Law Section “Credit Bidding Under a Plan: To Be or Not To Be, or, To Be and Not to Be?” Angela Degeyter, Hon. Harlin D. Hale, Hon. Barbara J. Houser, Hon. Stacey G.C. Jernigan, Becky Petereit, and Bill Wallander. (MCLE 1.00)*
THURSDAY, MARCH 8 CLE Committee
WEDNESDAY, MARCH 14
Community Service Fund Board Meeting
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group
Dallas Gay & Lesbian Bar Association
11:30 a.m. House Committee Walk Through
FRIDAY, MARCH 23
Noon
Family Law Section “It’s THAT Time Of The Year Again: The New Innocent Spouse Rules and Regs,” David Gair. (MCLE 1.00)*
Admissions and Membership Committee
DAYL Lunch & Learn. For more information contact: cherieh@dayl.com.
THURSDAY, MARCH 15
Minority Participation Committee
9:00 a.m. Government Law Section “Municipal Finance 101,” Karen Brophy. (MCLE 3.00)*
Noon
5:30 p.m. Senate Forum for Republican Candidates. Moderated by Paul Burka. Open to the public. RSVP to sevans@dallasbar.org.
6:00 p.m. J.L. Turner Legal Association
FRIDAY, MARCH 9
Friday Clinic-North Dallas** “Basic Medicaid and VA Planning — What Every Lawyer Should Know,” Robert Kraft. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Griffith Nixon Davison P.C. RSVP to kzack@dallasbar.org. Government Law Section “A Tale of Two Cities and Four Stadiums: Financing Community Venues,” Jeanene McIntyre. (MCLE 1.00)* Sports and Entertainment Law Section “Will Play for Tips: 10 Legal Tips for Musicians/ Artists/Songwriters,” Tamera H. Bennett and Megan Carpenter. (MCLE 1.00)* Trial Skills Section “Persuasion Throughout the Trial Process,” Frank L. Branson. (MCLE 1.00)*
MONDAY, MARCH 12 Noon
Alternative Dispute Resolution Section “Master Negotiators: True Determinants of Offer Acceptance and Disputant Satisfaction with Outcome,” Robin Pinkley, PhD. (MCLE 1.00)* Real Property Section “Growing Pains, Working through the 2011 ALTA Survey Standards,” James Brown.(MCLE 1.00)*
Business Litigation Section “The Admissibility at Trial of Evidence Gathered from Social Media,” Mike Sawicki. (MCLE 1.00)* Franchise & Distribution Law Section “Annual Franchise Law Update,” Kelly Ganzberger Dion, Melissa Gardner, Jacob Kring, and Paul Russell. (MCLE 1.00)* Entertainment Committee
Intellectual Property Law Section “Outsourcing Transactions and the Intellectual Property Issues That Arise,” Shawn Helms and Jason Krieser. (MCLE 1.00)*
Transition to Law Practice “Everything the Beginning Lawyer Needs to Know About Dealing with Clients: Selecting, Attracting, Maintaining, and Firing Them,” Don Campbell, Bill Cobb, Prof. Fred Moss and Robert Tobey. (MCLE 1.00)*
DAYL CLE Committee
Noon
Computer Law Section “Joint Infringement: Past, Present and Future,” W. Keith Robinson. (MCLE 1.00)*
Securities Section “Are You Prepared for Anonymous? Securities Lawyers Need to Address Cybersecurity Risk,” Stephanie Chandler, Byron Egan and Steve Jacobs. (MCLE 1.00)*
Christian Legal Society
Golf Tournament Committee
DAYL Freedom Run Committee
DAYL Solo & Small Firm Committee
Friday Clinic-Belo Topic Not Yet Available (MCLE 1.00)*
MONDAY, MARCH 19 Noon
MONDAY, MARCH 26 Noon
FRIDAY, MARCH 16
Labor & Employment Law Section “Enforcing and Avoiding Arbitration Agreements Under Texas Law,” Scott M. McElhaney. (MCLE 1.00)*
TUESDAY, MARCH 20
11:00 a.m. Dallas Women Lawyers Association Noon
International Law Section Topic Not Yet Available (MCLE 1.00)*
Community Involvement Committee
DAYL Animal Welfare Committee
DAYL Elder Law Committee
TUESDAY, MARCH 27 Noon
Probate, Trust & Estate Section “Fiduciary Pitfalls Under Powers of Attorney and Other Instruments,” Scott Webb and Nikki Wolff. (MCLE 1.00)*
Courthouse Committee
E-Mentoring Committee
Senior Lawyers Committee
DAYL Aid to the Homeless Committee
American Immigration Lawyers Association
5:00 p.m. DVAP Divorce Clinic. For information contact: mcmillanl@lanwt.org 6:00 p.m. Dallas Hispanic Bar Association Meeting
WEDNESDAY, MARCH 28
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group
WEDNESDAY, MARCH 21 Noon
Energy Law Section “Liability Issues Related to Joint Operating Agreements,” Robert L. Theriot. (MCLE 1.00)*
Health Law Section “Physician Perspective: Liability Claims, TMB Proceedings, Peer Review, etc,” Peter H. Anderson. (MCLE 1.00)*
TUESDAY, MARCH 13 Noon
Noon
5:15 p.m. LegalLine—Volunteers welcome. Second floor Belo.
Media Relations Committee “Practical & Ethical Issues in Working With the Media,” Tom Leatherbury and Brett Shipp. (Ethics 1.00)*
11:30 a.m. DAYL Lawyers Serving Children Noon
Christopher Moss. (MCLE 1.00)*
5:30 p.m. Senate Forum for Democratic Candidates. Moderated by Bill McKenzie. Open to the public. RSVP to sevans@dallasbar.org
6:00 p.m. DAYL Board of Directors
WEDNESDAY, MARCH 7
6:00 p.m. Home Project Committee
Appellate Law Section “Supersedeas and Net Worth Issues,” Diana Faust. (MCLE 1.00)*
Noon
Morris Harrell Professionalism Committee
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
Noon
TUESDAY, MARCH 6
March 2012
11:30 a.m. Dallas Bar Foundation Fellows Luncheon. Tickets $65. For more information contact: ephilipp@dallasbar.org. Noon
Sports & Entertainment Law Section “Music Law for Musicians – The Nuts and Bolts,” Craig Crafton. (MCLE 1.00)* Legal Ethics Committee
DAYL Equal Access to Justice Committee
Municipal Justice Bar Association
DVAP New Lawyers Luncheon. For more information contact: reed-brownc@lanwt.org
Law Day Committee
Pro Bono Activities Committee
Non-Profit Law Study Group
5:00 p.m. DVAP Legal Clinic. For information contact: reed-brownc@lanwt.org
3:30 p.m. Board of Directors Meeting 5:15 p.m. LegalLine—Volunteers welcome. Second floor Belo.
THURSDAY, MARCH 22 Noon
Criminal Law Section “Preserving Cell Phone and Text Data,” Lance Sloves. (MCLE 1.00)*
Environmental Law Section “Risk Management of Environmental Threats,”
THURSDAY, MARCH 29 Noon
Collaborative Law Section “Facilitating Collaborative Outcomes in Business and Civil Disputes,” Nadine Bell. (MCLE 1.00)*
Legal History Discussion Group
FRIDAY, MARCH 30
No DBA events scheduled.
You are Invited!
Elm Fork Sporting Clays Course Event April 21, 2012
10751 Luna Road, Dallas | www.elmfork.com For more information, contact rthornton@dallasbar.org. Hosted by the Entertainment Committee If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Cathy Maher at 214/220-7401 as soon as possible and no later than two business days before the seminar. All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION. *For confirmation of State Bar of Texas MCLE approval, please call Teddi Rivas at the DBA office at 214/220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact KZack@dallasbar.org.
M arc h 2 0 1 2
Focus
D al l as Bar A ssoci ati on l Headnotes 3
Sports & Entertainment Law
Does it Pay to Loan Your Property as a Movie Location? by Sally Helppie
More and more films and television programs are shooting in North Texas. With increased production comes a growing need for locations. While it can be fun to be “on set” in one’s own home, what should a property owner be aware of before signing on the dotted line? And is it possible to add an onscreen appearance?
Setting the Scene.
A script calls for an elegant home—or a weed-choked yard—and the next thing you know a location scout is knocking on your client’s door. Your client calls you for advice. Step one is to determine the nature of the production. If it is a porn film—and your client would not support that—then the answer is “no.” Although you may be tempted, it is not customary to review the script before allowing use of a location. It is, however, appropriate to require a representation that the movie does not include specific elements that your client would find offensive.
The Characters.
A location scout is charged with finding locations that fit the director’s vision for a scene as well as the production company’s budget. Many location scouts also work as location managers, running logistics at each location during the actual shoot—including figuring out where equipment can be set up, where vehicles can be parked, etc. Assuming your client is amenable to having a crew and actors on his property, you should negotiate specific terms for a written agreement. Although this article cannot cover the whole story, some key points to consider are set forth below.
The Plot.
A location scout must confirm who has authority to allow the property to be used. That is typically the owner, but it could be a property manager. Expect the written contract to include a representation and warranty by your client that she has the right to enter into the agreement and that no other authorization is required. The contract will define the property to be used. Look closely at what is included: Exteriors only? Certain interior rooms? Personal furnishings? Parking spaces? Decide if any areas are off limits. The production company might want to alter the property by, for example, painting a room or hanging a sign. This is not unusual and a proper location agreement will require the production company to return everything to its prior condition unless the property owner prefers to retain the changes. Production schedules frequently shift so be sure the dates of contracted use are clear. Expect there to be set-up and take-down time. Customarily, a location agreement provides for the right to return to a location for pick-up shots if needed at a later date. Decide if you want any limits on this. At a minimum, require advance notice and a right of reasonable refusal. Related to the period of use, there usually will be a provision prohibiting the owner from moving props or otherwise touching the “hot set” —particularly if the shoot lasts more than a day. This could present a challenge if the shooting location is the main part of a client’s business. Not surprisingly, a standard location agreement will spell out that the location may be portrayed as something other than what it is. Similarly, the agreement will provide that events depicted at the location
may be fictionalized. If your client is concerned that his store or home will be the site of a brutal movie murder, then set parameters in the location agreement about how the property can be represented. Make sure there is insurance in place to cover any damage or injuries and insist that your client be named as an additional insured.
The Climax (a/k/a Compensation).
Your client will not get rich from a location agreement, though a fee typically is paid. The amount varies widely depending on the budget of the production, the importance of the location, the length of time
needed, etc. But there are other forms of compensation. Is the producer willing to include your client’s individual or business name onscreen (such as thanking him in the end credits)? Maybe your client has always wanted to appear in a movie. Even in a union production, the Screen Actors Guild does not cover extras (a/k/a “background performers”) in Texas. Thus, “amateurs” may have small non-speaking parts. So if a scene calls for someone to walk by—or be brutally murdered—perhaps your client can seize his 15 HN minutes of fame. Sally Helppie practices entertainment law and litigation at Vincent Lopez Serafino Jenevein, P.C. She can be reached at shelppie@vilolaw.com.
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4 He a d n o t e s l D a l l a s B a r A s s o ciation
March 2012
Headnotes
President's Column
Published by: DALLAS BAR ASSOCIATION
DBA Trial Academy By Paul K. Stafford
The resolutions of the New Year may have grown stale, but Spring is upon us and a sense of rebirth and renewal surrounds us. I’m reminded of a woman who was gazing out of the window or her home one Spring, looking unto the sunny silent street of her quiet community…and looking even further into yesterday,…and she reflected upon a life that was, and that was not. “What would you do differently?” she was asked. “What would you improve upon?” “Where would you start?” She met the inquiry with the resolve and candor that had defined much of her life, and she stated “I’ve had a wonderful life, but there are some things that I would do differently and some things that I would improve upon.” “Phoenix,” she replied… “I would go to Phoenix.” Her response was followed by a revelation as I realized the irony of her statement. Unlike the city or the mythical bird which was reborn from its own ashes, Phoenix is not a place or a thing, but a state of mind. It is a symbol of new beginnings, fresh starts, and opportunities to rebuild, improve, and enhance one’s life… professional and personal. Upon hearing the woman’s statement, the value of new beginnings and improvement were reinforced in me and I was reminded that, with diligence and hard-work, the improbable is not impossible. Accordingly, I constantly strive for professional and personal improvement, and I constantly encourage others to do so as well. Contrary to popular belief, we as lawyers are a dynamic and adaptable profession. Quite often, we rebuild, reinvent and redefine ourselves to adjust to the changing times and the legal environment. We constantly strive to be excellent lawyers, increase our legal knowledge, enhance our legal skills, and improve the effective administration of justice. It’s possible to commit ourselves to improving the legal profession in numerous ways, and as members of the legal community, we are committed to improving ourselves and our profession. The Dallas Bar Association has countless members dedicated to improving the legal profession on a daily basis, and
GET READY FOR THE 2012 DBA 100 CLUB What is it? The Dallas Bar Association 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. How do you join? To qualify for the DBA 100 Club, there must be at least two or more attorneys in your Dallas office (firms, government agencies, or law schools) and all attorneys must be a member of the Dallas Bar Association. To become a 2012 DBA 100 Club member, please submit a list of all lawyers in your Dallas office 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 2012 DBA 100 Club membership list! What are the perks? Firms, government agencies, law schools and corporate legal departments that become a DBA 100 Club member will be listed in Headnotes and in the 2013 DBA Pictorial Directory, receive a Certificate of Appreciation as well as recognition at our Annual Meeting in November. What is the cost to join the DBA 100 Club? It’s FREE!
JOIN TODAY!
has displayed this commitment in various ways for many years. This continuing commitment has been renewed in 2012. Consistent with this renewed commitment the Dallas Bar has embarked on a unique effort to improve our profession in order to better serve our clients and our community. Due to the increase in the number of attorneys in our profession, and the decreased opportunities for hands-on litigation experience, the Dallas Bar Association and other stakeholders in the legal community realized a need to provide our younger and less-experienced members an opportunity to increase their trial knowledge and improve their trial skills. As a result of this need, the DBA’s Trial Academy was formed. The Trial Academy is a collaborative effort with various groups, including the sister bar associations, members of the local judiciary and local law schools. Under the able guidance of DBA Director Mary Scott and a host of planners, instructors and facilitators, the Trial Academy is intended ensure that our younger and less-experienced members have the technical and trial advocacy skills that they need to be more effective litigators. The DBA’s Trial Academy will address the need to improve the technical and trial advocacy skills of participating members while also enhancing the quality of legal services available to our community. The Trial Academy will be available to a select number of members, will be provided at no cost to the participants, and will consist of several “modules,” including pre-trial procedure, voir dire, opening statements, direct and cross examination and closing argument. It is the Dallas Bar’s hope that the Trial Academy will provide an opportunity for participants to improve their trial advocacy as litigators while fulfilling our organizational commitment to rebuild, improve and enhance the legal profession. Like the rebuilding, renewal and improvement symbolized through the advent of Spring and the mythical firebird, it is our hope and intent that the Trial Academy will provide our members an opportunity for personal and professional growth, improvement and renewal. For more information, please contact the Alicia Hernandez HN at ahernandez@dallasbar.org or (214) 220-7499.
Play Golf and Support Pro Bono Save the date for the 20th Annual Pro Bono Golf Classic, benefitting the Dallas Volunteer Attorney Program.
Thursday, May 3, 2012 at Brookhaven Country Club Entertain clients with a golf game, while helping a family in need. Registration includes lunch, dinner and refreshments on the course. The tournament is a 4-person scramble format — limited to the first 128 golfers. Lots of prizes, plus great goody bags, raffle and other fun games! Check-in and use of the practice range begins at 11 a.m. and shotgun start is at 1:30 p.m. A reception and awards dinner will follow the tournament at 5:30 p.m. For more information, visit www.dallasbar.org. For more information on sponsorships, contact Rhonda Thornton at rthornton@dallasbar.org.
2101 Ross Avenue Dallas, Texas 75201 Phone: (214) 220-7400 Fax: (214) 220-7465 Website: www.dallasbar.org Established 1873 The DBA’s purpose is to serve and support the legal profession in Dallas and to promote good relations among lawyers, the judiciary, and the community. OFFICERS President: Paul K. Stafford President-Elect: Sally Crawford First Vice President: Scott McElhaney Second Vice President: Brad C. Weber Secretary-Treasurer: Shonn Brown Immediate Past President: Barry Sorrels Directors: Jerry Alexander (Chair), Kim Askew (At-Large), Chip Brooker (President, Dallas Association of Young Lawyers), Wm. Frank Carroll, Victor Corpuz (President, Dallas Asian American Bar Association), Rob Crain, Laura Benitez Geisler, Lori Hayward (President, J.L. Turner Legal Association), Hon. Martin Hoffman, Michael K. Hurst, Michele Wong Krause, Karen McCloud, Christina McCracken (At-Large), Hon. Kenneth Molberg ( Judicial At-Large), Carlos Morales (President, Dallas His-panic Bar Association), Mary L. Scott, Diane M. Sumoski, Robert L. Tobey and Aaron Tobin (At-Large). Advisory Directors: Angelina LaPenotiere (PresidentElect, Dallas Hispanic Bar Association), Mandy Price (President-Elect, J.L. Turner Legal Association), Sarah Rogers (President-Elect, Dallas Association of Young Lawyers) and Jennifer Wang (President-Elect, Dallas Asian American Bar Association). Delegates, American Bar Association: Rhonda Hunter, Hon. Douglas S. Lang Directors, State Bar of Texas: Andy Payne, Christina Melton Crain, Beverly Bell Godbey, Ike Vanden Eykel, Frank E. Stevenson, II HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Thomas Phillips Advertising: Karla Howes PUBLICATIONS COMMITTEE Co-Chairs: Vincent J. Allen and Lea Dearing Vice-Chairs: Natalie L. Arbaugh and Dawn Fowler Members: Timothy G. Ackermann, Kevin Afghani, Favad Bajaria, Matthew Baker, Jody Bishop, Lisa Blackburn, Jason Bloom, Kandice Bridges, William Brown, Lance Caughfield, Sally Crawford, James Crewse, Joel Crouch, G. Edel Cuadra, David Dodds, Adam Dougherty, Sabeen Faheem, Enrique Flores, Megan George, Susan Halpern, Zachary Hoard, James Holbrook, Ezra Hood, Mary Louise Hopson, Dyan House, Michael Hurst, Michelle Jacobs, Jessica Janicek, Taylor Jerri, Soji John, Douglas Johnson, Adam Kielich, Michelle Koledi, Susan Kravik, Scott McElhaney, Nick Nelson, Jenna Page, Kirk Pittard, Laura Anne Pohli, Robert Ramage, Jared Slade, Thad Spalding, Paul K. Stafford, Jeanette Stecker, John C. Stevenson, Scott Stolley, Michael Sukenik, Robert Tobey, Peter S. Vogel, Suzanne R. Westerheim and B. Joyce Yeager DBA & DBF STAFF Executive Director: Catharine M. Maher Accounting Assistant: Shawna Bush Communications/Media Director: Jessica D. Smith Controller: Sherri Evans Director of Community Services: Alicia Hernandez Events Coordinator: Rhonda Thornton Executive Assistant: Michelle Dilda Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewer: Marcela Mejia Law-Related Education & Programs Coordinator: Amy E. Smith Membership Coordinator: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Teddi Rivas DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Miriam Caporal, Lakeshia McMillan, Andrew Musquiz, Tina Douglas Program Assistant: Patsy Quinn Copyright Dallas Bar Association 2012. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher. Headnotes serves the membership of the DBA and, as such, editorial submissions from members are welcome. The Execu-tive 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. Fea-ture articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informa-tional and educational purposes and is not intended as legal advice. Opinions expressed in articles are not necessarily those of the Dallas Bar Association. All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Association’s sole discretion. Headnotes (ISSN 1057-0144) is published monthly by the Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. Non-member subscription rate is $30 per year. Single copy price is $2.50, including handling. Periodicals postage paid at Dallas, Texas 75260. POSTMASTER: Send address changes to Headnotes, 2101 Ross Ave., Dallas, TX 75201.
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D al l as Bar A ssoci ati on l Headnotes 5
Sports & Entertainment Law
New Mobile Apps Rating System for Kids by Danica Mathes
A new age-based ratings system for mobile software applications for children launched on November 29, 2011. The rating system is governed by a new partnership between the Entertainment Software Ratings Board (ESRB) and CTIA-The Wireless Association®.
The CTIA Mobile Application Rating System with ESRB
The CTIA Mobile Application Rating System with ESRB is an extension of CTIA’s 2010 Guidelines for Application Content Classification and Ratings, which was developed with a number of organizations, including the six founding storefronts. The goal of the initiative is to support the commitment to provide consumers with the information and tools they need to make informed choices when accessing applications using wireless devices, such as reliable information about the age-appropriateness of applications. The system will utilize familiar age-rating icons that ESRB introduced for computer and video games in 1994. Apps will fall into six categories: EC for Early Childhood (3 and older), E for Everyone (6 and older), E10+ for Everyone 10+, T for Teen (13 and older), M for Mature (17 and older), and AO for Adults Only (18 and older).
Participating Storefronts
As of the program launch, six mobile app storefronts (AT&T, Microsoft, Sprint, T-Mobile USA, U.S. Cellular and Verizon Wireless) have signed on to voluntarily support the ratings system as part of their application submission (or onboarding) process. Currently, Apple and Google have
their own app rating systems and are not participating in the CTIA-ESRB program. The new rating system is currently operational. However, as technologies and buildout schedules differ by each storefront, full implementation will vary. Each storefront will make its own announcement regarding when the rating system will be available for their customers. Once a storefront begins supporting the CTIA Mobile Application Rating System as part of its onboarding process, developers will be asked to rate new applications added to that storefront. Each storefront will decide on an individual basis whether to require all applications to be rated and if certain categories of applications, such as news or e-readers, will be exempt from the rating system.
App Developer Submission Process
When submitting their applications to participating storefronts, developers will be asked to complete a detailed yet quick multiple choice form about their application’s content. This online questionnaire was devised by ESRB (based on its experience of assigning content ratings for more than 17 years) and covers the content areas that are typically addressed by age ratings, including violence, sexual or suggestive content, nudity, language, substances, etc., as well as contextual elements such as setting (fantasy vs. realistic), the nature of depictions (stylized vs. photo-realistic) and the user’s perspective (up close vs. distant). Other elements are also taken into consideration, such as a minimum age requirement, the exchange of user-generated content, the sharing of a user’s location with other users of the application and the collection and
sharing of personal information with third parties. Developers submitting applications with an 18+ age requirement must further specify the reason for the requirement. Any answer other than “enables commercial transactions” will generate an Adults Only (AO) rating. However, even those applications may be eligible for a less restrictive rating than Adults Only if, for example, they provide controls allowing an account-holder to block access to sexually explicit content. Once the developer completes all answers to these questions, the application’s rating will be provided within seconds. If a developer has answered all questions fully but still believes the rating assigned is not appropriate, they may appeal the rating to the ESRB. Consumers are also encouraged to contact ESRB if they believe an app contains questionable content or the rating is not appropriate. If an inappropriate rating is found to have been assigned, ESRB will promptly adjust the rating and will notify the developer and the storefront(s) that
have the application to ensure consumers have reliable information. There is no charge to submit an application or obtain a rating. Furthermore, applications that have already been rated by one participating storefront will not need to be resubmitted. When a developer submits an application, it will be assigned a unique rating certification code that can be used when the application is subsequently submitted to another participating storefront. Ratings do not have an expiration date or a renewal requirement. However, if subsequent updates to an app modify its content in a way that may affect its rating, it should be resubmitted. As mobile apps are a huge segment of the entertainment and technology industries, this new age-rating system should be of crucial interest to app developers and con HN sumers alike. Danica L. Mathes, of counsel with Bell Nunnally & Martin LLP, handles intellectual property, new media and entertainment matters. She can be reached at danicam@bellnunnally.com.
BELO LEGAL CLINIC Wednesday, March 28 ~ From 5 to 9 p.m. At the Belo Mansion
VOLUNTEERS NEEDED! Attorneys are needed (at 6:30 p.m.) to provide legal advice to those who cannot afford an attorney. Support volunteers are also needed (at 5:30 p.m.) to help coordinate the legal clinic. Mentor-attorneys will be available to assist. Sponsored by the DVAP, a joint project of the Dallas Bar Association and Legal Aid of NorthWest Texas. To volunteer, contact Chris Reed-Brown, at (214) 243-2243 or reed-brownc@lanwt.org.
6 H e a d n o t e s l D a l l a s B a r A s s o ciation
March 2012
DBA State Bar President’s Update Judge Barbara M.G. Lynn By Bob Black
The legal profession in Texas has a rich history, one that is not only relevant to the practice of law today but also compelling—and sometimes entertaining. Much of our history is told through the documents we keep. Some of these have been well preserved, but many others have not. The State Bar is proud to partner with the Texas Supreme Court Texas Court Records Preservation Task Force to bring many of these important documents back to life—and to tell their stories. After an investigation into the state of court records storage of 254 Texas counties, the Task Force held a hearing in September in Austin. What the Task Force found was astounding, and what it shared was even better. Twenty notable historical documents were unveiled at the hearing, including a Jack County District Court minute book that is the only surviving record of the trial of Kiowa Chiefs Satanta and Big Tree and a Jim Wells County injunction filed by Lyndon B. Johnson against his 1948 U.S. Senate race opponent, Coke Stevenson. Those are just a couple of the important papers we might have missed sharing with future generations. This month’s issue of the Texas Bar Journal highlights these historic documents and the importance of preserving our past in order to educate future generations.
Oyez, Oyez, Oh Yay!
Last fall, the State Bar launched Oyez, Oyez, Oh Yay!, a new webbased civics education project aimed at helping Texas students and teachers. Since the Oyez, Oyez, Oh Yay! website (www.texasbar.com/civics) went live last September, it has had more than 6,000 visitors, and middle and high school teachers have given it an overwhelming thumbs-up. An important component of the website is a series of educational videos on the five landmark decisions that eighth-grade students need to understand to successfully meet assessment tests for government and history. Those five videos—Marbury v. Madison, McCulloch v. Maryland, Gibbons v. Ogden, Worcester v. Georgia, and Dred Scott v. Sandford—are now all available on the website. The Texas Bar Foundation recently awarded a
continued from page 1
Bob Black
generous grant to the State Bar to help provide additional resources for the Oyez, Oyez, Oh Yay! project.
as a judge. She has demonstrated how to balance one’s professional and personal life, and has always encouraged women lawyers to strike a balance that achieves success.” Others have recognized Judge Lynn for her ongoing support of women lawyers. The Dallas Women Lawyers Association awarded her its first Louise Raggio Award, and the Women and the Law Section of the State Bar of Texas presented her with its Sarah T. Hughes Woman Lawyer of Achievement Award in 2006. Judge Lynn is married to Michael P. Lynn, a founding partner of Lynn Tillotson Pinker & Cox, LLP. They are the proud parents of two daughters, Tara and Whitney. Tara, a third year resident preparing for a fellowship in pediatric intensive care, and her husband Tracey, a teacher, just presented the couple with their first granddaughter—Reily. Whitney recently received her Masters from the Courtauld Institute of Art in London, and is working at a gallery in
San Francisco. Judge Lynn’s beloved parents, Nelda and Stan Golden, are known to many in the community for their support of good causes. Judge Lynn is an integral part of the Dallas legal community who freely shares her considerable talents with humor and humility. Nina Cortell, a partner at Haynes and Boone, best sums up her many contributions: “Judge Lynn sets and exceeds the highest standards—and inspires us all. In addition to being a brilliant jurist, she is ever mindful of the larger calling of what it means to be a lawyer. She freely gives of herself—teaching, mentoring and leading. She makes the profession better, and we are indebted to her for that.” For more information, or to purchase tickets, contact Elizabeth Philipp, Dallas Bar Foundation Executive Director, at ephilipp@dallasbar. HN org or (214) 220-7487. Kim J. Askew is a Partner at K&L Gates, a former Chair of the ABA Section of Litigation, and is a DBA Director AtLarge. She can be reached at kim.askew@klgates.com.
Law Day 2012
This year’s Law Day provides another great civics education project for students, and the State Bar is privileged to host the statewide celebration on May 1, 2012, at the Texas Law Center in Austin. This year’s theme is “No Courts, No Justice, No Freedom.” For more information, contact the State Bar Local Bar Services Department at (800) 2042222, ext. 1514 or email localbars@ texasbar.com. I look forward to seeing some great submissions from your area students!
Save the Date!
This year’s State Bar Annual Meeting is set for June 14-15 in Houston. We are excited to welcome former U.S. Secretary of State James A. Baker III and bestselling author Richard North Patterson as our luncheon keynote speakers. In addition to a great selection of CLE, a special display of the historical documents preserved by the Texas Court Records Preservation Task Force will be available for viewing. For more information and to register online, visit www.texasbar.com/ HN annualmeeting.
Bob Black is the 2011-2012 State Bar of Texas President. Log on to www.texasbar.com for more information.
Need someone to help take on the ‘unwanted’ office work? Will your busy office need some quality help this summer? Let our Summer Law Intern Program help you fill the position – Part-time or Full-time for either 4-wks or 8wks – the choice is yours! We have goal-oriented DISD high school seniors interested gaining law firm experience by assisting you for a nominal fee. Employers can also interview and select these goal-oriented students from a large pool — expect the best.
Program: June 11-Aug. 3. For more information, please contact Amy Smith at asmith@dallasbar.org or (214) 220-7484 or visit our website www.dallasbar.org/summerlawinternprogram
‘BAR NONE’ AUDITIONS Tuesday, April 3 ~ 5:30 to 7 p.m. ~ Belo Mansion
Auditions for Bar None XXVII will take place April 3 in the Hughes & Luce ballroom at the Belo! All who audition will be cast. The Bar None show, to be held at the Greer Garson Theater June 6-9, benefits the Sarah T. Hughes Diversity Scholarships. Questions? Contact Bar None’s Director, Martha Hardwick Hofmeister, at (214) 780-1400 or mhofmeister@shacklaw.net.
DVAP’s Finest Jeffrey Moore
Jeffrey Moore is an attorney with Terremark, a Verizon Company. He started volunteering at the Garland Clinic in 2008 after attending DVAP’s New Lawyers’ Luncheon. In 2010, he began volunteering on a regular basis at the South Dallas Clinic and accepting various divorce cases. He tries to have at least one pro bono case open at a time. In 2011, he was named the Outstanding Clinic Attorney for the South Dallas Clinic. Thank you for all you do, Jeffrey!
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
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D al l as Bar A ssoci ati on l Headnotes 7
Sports & Entertainment Law
Blindsided on the Road to Best-Sellerdom by Paul Coggins
It is becoming more and more common for lawyers to venture into the literary realm: a sports agent writing a tell-all about famous clients, the former prosecutor writing a behind-the-scenes account of the gritty details of a high-profile case, the all-star litigator penning a biography littered with war stories. The lure of fame and fortune associated with writing a bestselling book can be strong, but dishing on former clients or cases raises serious ethical, personal and even legal concerns. An attorney’s first concern in the practice of law and in deciding whether to write a book should be his or her clients. Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct prohibits an attorney from revealing a client’s confidential information without the client’s authorization. While “confidential information” is not specifically defined in the rules, Rule 1.05 speaks in broad terms and contemplates including information generally learned by the attorney in the course of representing the client. So the first step for a lawyer considering writing a book about a former client or case is to get the client’s permission. This permission should be memorialized in writing, and the exact nature of informa-
tion to be disclosed should be discussed in detail. Note that this conversation must occur after the representation is complete, as Rule 1.08 prohibits an attorney from negotiating media or literary rights to a client’s story prior to the conclusion of the representation. The attorney-client privilege is a related, but separate, issue from the client confidentiality issue. A client needs to be fully informed about the implications of waiving the attorney-client privilege. The privilege issue is complicated by case law that allows for “subject-matter” waiver of privilege, which means that disclosure of information regarding a specific topic may waive the privilege for all information regarding that topic. While this issue might be less burning if the representation is far enough in the past, clients need to be aware that a tell-all book could create waiver issues. A budding attorney-author also needs to think about prohibitions of any current or former employers on disseminating confidential information. Many employers have restrictions on disclosing information gained in the course of employment. The attorney should also have a discussion with colleagues who will be portrayed in the book to address any potential concerns. A special concern for government
employees is whether they can legally write a book while being employed by the government. Many states have “honorarium” prohibitions for government employees that may prevent them from writing a book about anything related to their public service while still employed with the government. See, e.g., Tex. Penal Code § 36.07. Various other legal concerns exist for an attorney tempted to write a non-fiction book. Portraying someone in a negative light could lead to a defamation suit, and revealing non-public information about someone could implicate different “invasion of privacy” type torts. There are also personal and professional issues that an attorney should consider before penning a masterpiece. Coming out with a book that is viewed as profiting from a tragedy—think the Casey Anthony trial—could have a negative effect on a lawyer’s personal reputa-
tion. A revealing book about a famous client might deter future high-profile clients from seeking the author’s services. Even if the book had been authorized by the client, high-profile clients may still see this as a breach of trust. Finally, writing a book is a time-consuming task, and a busy attorney may not have the time required to finish a book, even with a ghost writer working behind the scenes. In conclusion, an attorney has a number of concerns outside of the traditional issues facing every potential author. The most important concern for any attorney undertaking this challenge is the professional obligations owed to his or her clients. While the financial rewards may be tempting, they may be outweighed by the poten HN tial professional consequences. Paul Coggins is a partner at Locke Lord LLP. He can be reached at pcoggins@lockelord.com. He was assisted in writing this article by Adam Tyler, an associate at Locke Lord LLP.
Last Chance Photo Sessions! There are two final photo sessions scheduled to have your photo updated for the 2012 DBA Directory.
Wednesday, March 7—9 a.m. to 3 p.m. at Belo Friday, March 10—11 a.m. to 1:30 p.m. at the
Community Involvement Committee Volunteer Day at North Texas Food Bank
Saturday, March 31 Contact kzack@dallasbar.org to volunteer.
North Dallas Clinic (5420 LBJ Frwy, Ste. 240)
It’s FREE and only takes 5 minutes! No reservation necessary. Photos may also be purchased for personal use. If you have questions please contact Judi Smalling at JSmalling@dallasbar.org or (214) 220-7452.
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8 He a d n o t e s l D a l l a s B a r A s s o ciation
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D al l as Bar A ssoci ati on l Headnotes 9
Sports & Entertainment Law
Who Owns “Funkytown”?: Termination of Copyright Grants by Tamera H. Bennett
Over the last 32 years, the single “Funkytown” by the group Lipps, Inc. spent four weeks at number one on the BILLBOARD charts in 1980, had two million radio performances, and sold more than 10 million copies. That’s all old news, and who really cares? Steven Greenberg, for one, and every recording artist who released a record since 1978. Steven Greenberg, who wrote the song and is the mastermind behind the production of the disco hit, doesn’t own the copyright in the song or the copyright in the Lipps, Inc. recording of the song (the “sound recording”). That’s all about to change. Greenberg filed the first Notice of Termination to reclaim a sound recording under 17 U.S.C. § 203 of the Copyright Act, and is paving the way for recording artists to reclaim their U.S. copyrights. There are two copyrights in a recording: one in the musical composition and one in the recording of the song, including the production elements. Terminations of grants of copyrights for musical compositions have occurred for years. Terminations of grants of the copyrights for sound recordings, protected by federal copyright law since 1972, are beginning to trigger disputes. The first terminations will be effective in 2013. For anything protected by copyright published after January 1, 1978, the term of copyright is, with some exceptions, life of the author plus 70 years. Most assignments or grants are for the full copyright term. Many artists lack market leverage and enter into one-sided copyright grants. Congress drafted the Copyright Act to allow a second bite at the apple via the ability to terminate assignments and
grants. By terminating a grant, authors or their heirs recapture the copyright and potentially benefit from an increased revenue stream in the remaining term of copyright. Sound recordings are valuable commodities. In 1978 and 1979, the BeeGees, Donna Summer, Billy Joel, The Eagles and Michael Jackson released hit singles and albums that continue to earn money. If an artist reclaims the copyright, the artist could increase their revenue stream from 10 percent of net earnings to upwards of 70 percent. With the current state of the record business, record labels are not interested in reducing revenue streams. And, it’s not all about the megahits. Artists without huge commercial success have the opportunity to recapture rights and breathe new life into their sound recordings. The procedures to terminate are complex. All notices sent must fall within a window of time beginning 35 years from the date of publication or 40 years from the date of transfer. The Copyright Act and Federal Register outline the specifics, including detailed calculations to determine when to send the notice. Record labels fighting the termination process raise two primary issues: 1) the alleged author is not the author of a sound recording; and 2) an untimely notice of termination. There could be dozens of people involved in a sound recording’s production and creation. While the band members may seem like obvious authors based upon their contribution to the recording, authorship could also extend to the record producer, the drummer, or the “hand clappers” in the background. Record labels generally argue that all authors are employees of the record label and the the
sound recording was created in the scope of employment for the label, and is a work for hire exempt from termination. It is not uncommon for an artist or group to enter into a recording agreement months or years prior to the release of a single or an album. This raises the question of when the assignment of copyright/ transfer of grant actually occurred. Is it the date the agreement is signed, even if nothing has yet to be recorded? Or is it the date the sound recording is actually completed and published? Calculating this date is key to sending a timely termination notice. Filing a Notice of Termination could bring the artist and record label to the table to renegotiate a deal for the remain-
ing copyright term. Agreeing to an upfront advance, perhaps with increased royalties, puts more money in the artist’s pocket and allows the record label to retain the copyright and build upon past successes. A judicial interpretation of the application of Section 203 may be just around the corner. The unanswered questions have set the stage for appeal of several lawsuits. Without clear answers, artists and their heirs must timely file the Notices of Termination to preserve that HN “second bite at the apple.” Tamera H. Bennett practices entertainment, trademark & copyright law and is a past chair of the Sports & Entertainment Law Section. She can be reached at tbennett@tbennettlaw.com.
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10 H e a d n o t e s l D a l l a s B a r A s s o ciation
In the News
March 2012
March
FROM THE DAIS
LLP have been promoted to Partner.
N. Henry Simpson III with Busch Ruotolo Simpson LLP was a co-presenter for the Association of Attorney-Mediators (North Texas). Linda Wilkins, of Wilkins Finston Law Group LLP and Shane Tucker, of Vinson Elkins LLP, spoke at the Southwest Benefits Association Employee Benefits Conference. Steven Tinsley, of the Tinsley Law Firm, spoke at the Annette Stewart Inn of Court meeting.
KUDOS
Gene Leposki with McCurley Orsinger McCurley Nelson & Downing, L.L.P, has become Board Certified in Family Law by the Texas Board of Legal Specialization. Deborah Hankinson of Hankinson LLP, has been elected to the American Academy of Appellate Lawyers. Adam Darowski with Winstead PC has been elected to shareholder. Jon W. Finger with Patton Boggs LLP has been elected to partner. Keith B. Davis and Albert J. Rota with Jones Day have been named partners. Beverly B. Godbey with Gardere Wynne Sewell LLP received the 2011 Anti-Defamation League’s Larry Schoenbrun Jurisprudence Award. Ginger Appleberry, Galyn Gafford, Kip Mendrygal, Abby Moore, and Steve Quiring with Locke Lord
Courtney Wright with Hermes Sargent Bates, LLP has been promoted to Partner. Kirte M. Kinser with Wright Ginsberg Brusilow P.C. was re-elected chairman of the Board of Governors of Texas Health Presbyterian Hospital Rockwall. Teresa Michaud, of Baker & McKenzie LLP, has been selected as a participant in The Business Council for the Arts’ Leadership Arts Institute. Susan Steger with Fragomen, Del Rey, Bernsen & Loewy, LLP has been promoted to Of Counsel. Brett Charhon and Michael Fritz with McKool Smith P.C. have been promoted to principals. David Gair of Looper Reed & McGraw, P.C. has received his Board Certification in Tax Law by the Texas Board of Legal Specialization. Lindsey Postula with the firm has received her Board Certification in Commercial Real Estate Law by the Texas Board of Legal Specialization. Kirby Drake with Klemchuk Kubasta LLP has been promoted to partner. Jeremy Hawpe and Scott Sherman of Littler Mendelson, P.C. have been promoted to Shareholders. Scott P. Stolley with Thompson & Knight LLP has been appointed to the Texas Supreme Court Advisory Committee and appointed to the Board of Directors of The Arts Community Alliance. Greg
W. Curry with the firm has been named by the Texas Association of Defense Counsel to serve as the 2012 Texas State Representative of DRI-The Voice of the Defense Bar. Bryan P. Neal with the firm published an article “ADAAA Regulations” in Texas Lawyer. Emily A. Parker has been named Managing Partner of the firm. Micah R. Prude has received Board Certification by the Texas Board of Legal Specialization in Labor and Employment Law.
LLP has become President of the American College of Real Estate Lawyers.
U.S. District Judge Royal Furgeson has been appointed as founding dean of UNT Dallas College of Law, effective April 2013.
Rachel Lindsay has joined Brown & Hofmeister, L.L.P. as an associate.
Adam L. Seidel, of Adam L. Seidel, P.C. has become board certified by the Texas Board of Legal Specialization in Criminal Appellate Law. Michael Moore with SNR Denton US, LLP has been named head of the Dallas office. Darrell E. Jordan of Dykema Gossett PLLC has been named Chairman of the Board of the Dallas Summer Musicals. John P. Hagan of Hagan Law Group LLC has been named President Elect of the Dallas Human Resources Management Association. James Crewse and Kimberly Sims with Riney Palter PLLC have been promoted to partner. Mandisa “Mandy” Price with Weil, Gotshal & Manges LLP has been appointed to the board of trustees for the ChildCareGroup. Lewis R. Sifford of Sifford, Anderson & Co., P.C. is the recipient of The Foundation of the American Board of Trial Advocates highest award, the Mark P. Robinson Lifetime Achievement Award. Ann Saegert with Haynes and Boone,
Ron Chapman, Jr. with Ogletree, Deakins, Nash, Smoak & Stewart, P.C. has been elected to the firm’s Board of Directors.
ON THE MOVE
Shawn Cleveland, Basheer Ghorayeb and Matthew Orwig have joined Jones Day as partners.
Virginia E. Simms has joined Amy Stewart PC as an associate. Derek Staub has joined Hiersche, Hayward, Drakeley and Urbach, PC as an associate. Frederick S. Adams Jr., Gemma Galeoto, Vanessa Jeffries and Britt McClung have joined Quilling, Selander, Lownds, Winslett & Moser, P.C. Jes Alexander, Jennifer Calvin, William (BJ) Jones, Michael Mills, Mark C. Roberts II, Casey Scott, and Patrick Whitaker have joined Fletcher, Farley, Shipman & Salinas LLP as associates. Sean Liu and Bradford T. Smith have joined Kane Russell Coleman & Logan PC as senior attorney and associate respectively. Noreen Napper and Brian J. Phillips have joined Winstead PC as associates. Irina Plumlee and Julie Wade have joined Munsch Hardt Kopf & Harr, P.C. as shareholders. Jonathan Neerman has joined Jackson Walker L.L.P. as partner. Wendy B. Mills of Law Office of Wendy B. Mills, has moved to 1700 Pacific Ave., Suite 4560, Dallas 75201
Summer Law Intern Program Interviewers Needed Help students get “real world” experience by interviewing for the upcoming Summer Law Intern Program. Interviews are held at each DISD high school and can be completed in about 2 hours. Dates available: April 3, 4, 5 at 1:30 p.m. For more information, please contact Amy Smith at asmith@dallasbar.or or (214) 220-7484 or visit our website: www.dallasbar.org/summerlawinternprogram
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Classifieds
Dal l as Bar A ssoci ati on l Headnotes 11
March
OFFICE SPACE
Frisco law firm (Lebanon & Tollway) has 2 offices for lease. Each office is 13x14 (furnishing optional). New free standing building, full kitchen, conference rooms as available, state of the art phone system and security system. Contact: cborserine@friscolawfirm.com. Upscale, furnished office space available within small litigation boutique off Central and Walnut Hill. Two large partner offices and two associate offices with builtin secretary station. Total of approximately 2000 sq. ft. Also available are the use of a kitchen, conference room, reception area and office services with copier, scanner and facsimile. Email admin@bcallp.net or call (972) 371-5252 Office Space available for rent. Executive lawyer office with corner windows and view of the city and paralegal office in the Uptown area in a Class A building. Office sharing arrangement offering receptionist, telephone system, high-speed internet, color copier, fax capability, conference rooms and fully stocked kitchen. AV rated Personal Injury Law Firm looking for a solo criminal or family attorney. Potential for referral business exists. Call or email for further information and rates; lweir@ewlawyers.com and phone: 214-378-6669. Large furnished office space available within small real estate law firm located at 4054 McKinney Avenue. Shared conference and break room, copier, fax, DSL & phone equipment are available if needed. There is a possibility of overflow real estate work. No long term commitment and a monthly rate of $650.00. Call 214-520-0600. Executive or private offices available in Preston Tower. Shared amenities (kitchen, conference room, reception area, bathroom). Near Preston Center, 10 minutes from courthouse. Call (214) 369-1171 or email herbhooks @aol.com. Free Office to Joint Venture Counsel! Young lawyer with huge case? Want to learn from working with exceptional joint-venture law firm instead of handing it off? Come visit our beautiful and fully-furnished office in NW Dallas and see if we’re a fit. Marc Lenahan 214-295-1008. Law@Lenahan.com; www.SevereInjuryLawFirm.com. Small AV Rated Business Transaction and Litigation boutique seeks established transactional attorney with portable business. Experienced regulatory healthcare and transaction lawyers to help with overflow business and “AV Preeminent” litigation attorneys to
handle litigation needs. Seeking compatible persons for “Of Counsel” position and potential partnership. Email admin@bcallp.net or call (972) 371-5252.
POSITION AVAILABLE
Small-sized north Dallas AV law firm seeks part time (25 hours a week) associate/ of counsel attorney experienced in transactional, tax and/or estate planning law. Prior attorney in this position possessed a Master in Tax degree and experience in the employee benefits area. Perfect for an experienced colleague who wishes a flex time position in his or her career. Respond with cover letter and resume to Dallas Bar Association, Box 11–11A, 2101 Ross Avenue, Dallas, Texas 75201. Fifth District Court of Appeals. Full-Time Staff Attorney. Salary: up to $65,000. Closing Date: Open Until Filled. This position involves working directly with a justice in preparing written opinions for civil and criminal cases on appeal. Responsibilities include issue and fact analysis in complex cases. Qualifications: licensed Texas attorney with minimum of six (6) years’ experience. Excellent writing and research skills, and appellate experience preferred. State of Texas Job Application is required. Send completed application with writing sample and academic transcript to Gayle Humpa, Business Administrator, George Allen Sr. Courts Building, 600 Commerce St., Suite 200, Dallas, TX 75202. Please call for reasonable work place accommodations, EEO/ AA Employer. Unique Law Firm Opportunity. Love practicing law, but hate the administrative hassle? Want to keep more of your fee income? Bring your self-supporting client base and join a dozen first class business and family law attorneys in Campbell Centre. Be your own boss, share referrals and be more productive while we deal with billing, hiring staff, IT, supplies, etc. Just pay your very affordable share of overhead. Contact Steve Palmer @ 214-242-6444; spalmer@pamlaw.com; www.pamlaw.com. Miller Weisbrod a Dallas based nationwide plaintiff’s law firm handling pharmaceutical liability and medical malpractice is hiring an attorney. The ideal candidate will have 5-15 years of experience in litigation. Attorney will have involvement in the trial of these cases. Salary is negotiable. Contact Cheryl Hartzer at Chartzer@millerweisbrod.com, phone: (214) 987-0005 or fax: (214) 987-2545. Downtown Dallas law firm seeks an attorney with at least 2-4 years of tort
Dispute Mediation Service taking the edge off conflict
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and commercial litigation experience. Compensation negotiable. Reply to: kmighell@cowlesthompson.com. Oak Lawn business, commercial, bankruptcy, and construction litigation firm seeks experienced, stable, and hard-working civil litigator. Appellate and actual trial and deposition experience required. Excellent writing skills necessary. Some portable clientele a plus, along with insurance defense experience. Firm offers first rate office environment and tenured support staff. Compensation negotiable. This is an excellent opportunity for the right attorney. Respond to oaklawnfirm@aol.com. Advancement Officer Specialist (Director Of Planned Giving) - Job ID# 900034 – Southern Methodist University - (Salary commensurate with experience and qualifications) The Director of Planned Giving, in the Office of Planned and Endowment Giving, supports the University’s fundraising efforts by serving all the schools and units, regional offices, and corporate & foundation relations in directing the University’s efforts to build a planned giving program, including both current and deferred gifts of non-cash assets by managing a portfolio of planned giving prospects, overseeing Planned Giving program development and management, training and advising colleagues, managing stewardship of SMU’s Dallas Hall Society and the SMU Planned Giving Council. Bachelor’s degree is required. An Advanced degree is preferred. A minimum of five years of professional work experience is required. Some work experience that includes developing and maintaining relationships is also required, preferably in evaluating, analyzing and/or recommending charitable giving options and/or in service to constituents who are potential charitable giving prospects. The ideal candidate will have experience in a complex institutional environment where coordination, teamwork, and communication are of paramount importance. Experience that includes an established track record of closing on a broad range of planned gifts or as an estate and gift planning or trust advisor, is preferred. Work experience that includes working in development in higher education or for a nonprofit is desirable. Program or project management that includes budget development and oversight and/or supervisory experience of staff is preferred. Experience that includes volunteer committee management is a plus. Some travel
is required. Candidates must submit a cover letter for full consideration. For a full job description and to apply visit www.smu.jobs. SMU is AA/EO employer committed to excellence through diversity.
POSITION WANTED
Board Certified Civil Trial Attorney available for contract, Of-Counsel, overflow, triage, litigation management. Extensive experience, 60+ trials, business & commercial, injury & tort, D&O, commercial & consumer collection, real estate, family, estate & probate, O&G. steve@stronglegal.com, 214890-1100.
SERVICES
Diamond and Gold Buyer. Buying all types of Diamonds, Immediate Cash Paid Consignment terms available @ 10-20% over CASH consultation and offers please call 214-739-0089. Economic Damages Experts - Thomas Roney has more than twenty years’ experience providing economic consulting services, expert reports and expert testimony in court, deposition and arbitration. His firm specializes in the calculation of economic damages in personal injury, wrongful death, employment, commercial litigation, IP, valuation and divorce matters. Mr. Roney and his experienced team of economic, finance, and CPA experts can help you with a variety of litigation services. Thomas Roney LLC serves attorneys across Texas with offices in Dallas, Fort Worth and Houston. Contact Thomas Roney, Barry Seldon, PhD. or Syd Thompson, MBA in Dallas/Fort Worth (214) 665-9458 or Houston (713) 513-7113. troney@thomasroneyllc.com. Mexican Law Expert - Attorney, former law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues: FNC motions, Mexican claims/defenses, personal injury, moral damages, contract law, corporations. Co-author, leading treatise in field. J.D., Harvard Law. David Lopez, (210)222-9494. dlopez@pulmanlaw.com Your Ad Can Be Here! For affordable classified advertising rates call Judi Smalling at: (214) 220-7452 or contact her at: jsmalling@dallasbar.org.
Connect jobseekers with employers in the legal field. Run your ad in the DBA’s online Career Center. www.dallasbar.org/career-center.
Speak to Dallas ISD Students! Speak to Dallas ISD students during May 2012 in celebration of Law Week. DISD schools are hosting various Career Days and speakers are requested. Speakers are encouraged to address the audience about Law Day, the rule of law or similar. The time commitments and class sizes vary. Sign-up by Friday, April 20 to Amy Smith at asmith@dallasbar.org.
12 H e a d n o t e s l D a l l a s B a r A s s o ciation KM_HN_group_021312C.pdf
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CHRIS MEUSE
ABBY GREGORY
ROBERT EPSTEIN
GREG BEANE
KELLY McCLURE
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We’ll swim a mile (with sharks) for you. The McClure Law Group, a family law firm with offices in Dallas and Collin County, is comprised of seasoned attorneys and professionals who expertly design resolutions no matter how complex the case. Powered by extensive trial experience, a foundation in financial and tax law, and Collaborative Law expertise, Kelly McClure and the McClure Law Group team deliver results for high-profile executives, stay-at-home parents, professional athletes, and celebrities. Armed with more than 25 years' experience as a family law attorney, McClure is a Collaborative Law leader, with the prestigious title of Family Law Board Certified, Texas Board of Legal
Specialization. With a focus on protecting relationships, McClure Law Group compassionately navigates couples and families through divorce, pre- and post-marital agreements and custody issues. However, when Collaborative Law is not an option and litigation is necessary, the McClure Law Group legal team’s tough demeanor makes them a powerhouse in the courtroom. Always up for a challenge, Kelly McClure recently swam 1.5 miles of shark-infested waters to complete the San Francisco Alcatraz Triathlon Relay. Visitors to the Highland Park office encounter a custom aquarium teeming with sharks and stingrays – evocative of McClure's formidable courtroom presence.
THE MCCLURE LAW GROUP KNOWS FORTUNE AND FAMILY MATTER. THEY’LL FIGHT FOR YOURS.
2011 2010 2009 2008 2007 2006 2005 2003 2002
2010
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Top 50 Female Texas Super Lawyers, Kelly McClure
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Fa m i l y L a w B o a r d C e r t i f i e d GREG BEANE ROBERT EPSTEIN A B BY G R E G O R Y CHRIS MEUSE
H I G H L A N D PA R K / D A L L A S
telephone
214.692.8200
CO L L I N C O U N T Y
972.516.3850 by appointment only
telephone
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