Dallas Bar Association
HEADNOTES Focus Energy/Environmental Law
March 2016 Volume 41 Number 3
AT&T Donates Funds for Second DBA Habitat House BY DAVID FISK AND ETHAN MINSHULL
Every spring, the Dallas Bar Association partners with Dallas Area Habitat for Humanity to sponsor and build a new home for a deserving family. The DBA Home Project brings together attorneys, judges, legal assistants, court reporters, and others in the legal community who volunteer their time, money, and hard work to this worthy cause. The DBA Home Project began in 1991, and this spring we will be building our 25th Habitat home. In honor of building our 25th Habitat home, we will be partnering with AT&T to build not one, but two Habitat homes this spring. The second home is already fully funded, thanks to the generosity of AT&T through its Senior Executive Vice President and General Counsel David McAtee and the work of DBA President Jerry Alexander and DBA First Vice President Michael Hurst. “AT&T is delighted to be a part of the DBA Home Project and I cannot wait to see the DBA/AT&T House built,” said Mr. McAtee.
Mr. Alexander acknowledged that the generosity of AT&T in partnering with the DBA to fund and build a second Habitat home “is tremendous, and we are all very grateful for it. Most importantly, to all of us, as pointed out to me by David McAtee, a family who did not think they would be able to get a house this year will be able to get one!” The two homes will only be a few houses apart, and volunteers of all skill levels are encouraged to get involved. Building a Habitat home is a very rewarding team building experience and a great way for the Dallas legal community to come together and make a positive impact in our community. Each home that our volunteers build is
not a gift per se. The DBA Home Project collects the necessary funds to pay for the construction costs and organizes the volunteers to build the home, while Dallas Habitat provides qualified families a tangible asset at below cost with an affordable mortgage. Homeowners contribute “sweat equity” by building on their own home and the homes of their neighbors, and they also participate in Dallas Habitat’s Homebuyer Education classes, which equip families with a stronger understanding of budgeting, home maintenance, and the various skills needed to empower them with stability and success. In 2016, the two Habitat homes we will be building are in West Dallas. We need your help to raise the money needed to
cover the DBA’s gift to Dallas Habitat and to continue the DBA’s legacy and positive impact in our community. If you are interested in participating in the DBA Home Project as a committee member, a volunteer, or a donor, please contact one of the 2016 Co-Chairs, David Fisk, at dfisk@krcl. com, or Ethan Minshull, at eminshull@ wickphillips.com. You can also get additional information about the DBA Home Project by liking and following us on Facebook at facebook.com/DBAHomeProject. The DBA Home Project welcomes and thanks all of those who choose to make a charitable donation, which can be made payable to Dallas Area Habitat for Humanity and sent to DBA Home Project, ATTN: Yedenia Hinojos, Dallas Bar Association, 2101 Ross HN Avenue, Dallas, Texas 75201. David Fisk is a Director at Kane Russell Coleman & Logan PC and can be reached at dfisk@krcl.com. Ethan Minshull is an Associate at Wick Phillips and can be reached at ethan.minshull@wickphillips.com. Mr. Fisk & Mr. Minshull are Co-Chairs of the DBA Home Project Committee.
Mark Shank Selected for 2016 DBF Fellows Justinian Award BY DEBORAH MCMURRAY
Always. When interviewing Mark Shank’s clients, colleagues, and compatriots about why Mark is not just worthy, but the perfect recipient for the 2016 Fellows Justinian Award, kind words flew as you will read later in this article. But the one word that rose to the top in every conversation— the thread that connects Mark to these people and organizations in a unique way—is “always.” Mark is always there (wherever “there” is). Without exception. Client Kevin Bryant, the General Counsel of Crow Holdings, said, “He impresses me. He is always a very giving, concerned citizen. He never makes excuses for not doing more, he just does it. And he does not just do things that are high profile—he does just as much that people never see.” He added, “Mark is always incredibly responsive, has a spot-on business sense that combines with his gifted legal mind—he always has a great sense of what clients need.” Former DBA President Brian Melton, who is Chief Network Growth Officer and General Counsel of Cristo Rey Network, said, “Mark always brings out the very best in everyone he meets—whether he is working with a client, on a bar project or a political matter. People see the outgoing, funloving side—but they should never discount the remarkable depth of his character.” Brian continued by saying, “Mark is always on the move—as a child of God, a husband and father, a colleague, volunteer, lawyer and friend. He is always trying to be better.”
Mark is broadly known as an optimist, innovator and a visionary. It is why he is so often targeted by get-it-done leaders as an ally—and it is why he is hand-chosen to work alongside them to help breathe life into their dreams. He is the first to admit that he is a born collaborator, and others who have worked with him on client matters or volunteer projects say that he inspires them to collaborate in kind. Every leader needs followers (but Mark will comfortably switch roles to get the best end result). For example, in January 2001, while serving as Dallas Bar President, he announced that the Dallas Bar would triple the square footage of the venerable Belo Mansion. Yes, he led the fundraising efforts for the $14 million that was required, but he instantly credits at least a dozen others who were critical to this herculean volunteer effort. Mr. Melton noted, “This was a rare moment where the needs of the Dallas Bar Foundation matched perfectly with the person in charge.” Philip Wise, Founder and Managing Partner of Cienda, and who was also one of the founders of Habitat for Humanity in Texas nearly 30 years ago, said, “I had known Mark many years before asking him to serve on the Board of Habitat, where he eventually became Board Chair. He came on the board and quickly assessed what needed to be done to make it more effective—then he did it. He always kept his promises and commitments.” Bill Hall, CEO of Dallas Area Habitat for Humanity, says, “Habitat has benefited greatly from Mark’s desire to engage North Texas to create a better place
for all. His leadership has pushed Habitat to serve more families and assure that our work impacts the community at large.”
Mark Shank
Because of his ability to make things happen, Mr. Wise has brought Mark in to help launch the “New Cities Institute.” They are working with SMU and all its academic Deans to start a teaching institute, which will use the City of Dallas as an incubator or laboratory to learn how to better solve problems common to all cities. Mark is a skilled triage-er. He is drawn to complex problems and is described by clients and fellow volunteers as having the exceptional capacity to look at chaos and see the clearing in the hollow. How does he
do it? “I deconstruct the big problem and turn it into a series of smaller, simpler problems,” he explained. “Each smaller problem has its own solution. Sometimes they have to be solved concurrently, sometimes in succession. Regardless—I try never to lose sight of the big picture—because that is where my client lives. It is important to my clients—and to me—that their goals are always at the heart of what I do.” The Dallas legal community is filled with excellent lawyers who are also wonderful human beings. What sets Mark apart is that he only has “one speed,” as Mr. Wise noted. He seems to have greater reach because he is a “serial do-gooder,” and because Mark is also an enthusiastic connector of others. Regardless of the conversation and topic, he will seek ways to connect his discussionmate with another individual. In every case, these are “thoughtful and strategic, where one plus one equals three, four or five.” Mr. Wise continues, “He always knows how to bring people together—and knows that they will be more effective together than when they are apart.” Getting things done is in Mark’s DNA. In his small Missouri hometown, Mark’s dad was in the Lions Club, on the Chamber of Commerce and on numerous other charitable and civic volunteer boards. When he lost his dad much too early (he died when Mark was 30), his mother jumped up, ran for the City Council, then became Mayor of their town. Mark describes them as “model citizens” and “great role models of servant
continued on page 12
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2 He a d n o t e s l D a l l a s B a r A s s o ciation
March 2016
Calendar March Events
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs. Compliance Issues,” Mike Walsh. (MCLE 1.00)*
FRIDAY CLINICS
International Law/Alternative Dispute Resolution Sections “Mediating the International Dispute: Best Practices and Pitfalls to Avoid,” Hugh Hackney, Esq. (MCLE 1.00)*
MARCH 11-NORTH DALLAS** Noon
“Will Contests,” Donna Yarborough. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, 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 Fox Rothschild LLP. RSVP to kzack@dallasbar.org.
MARCH 18-BELO
Community Involvement Committee
Noon
Entertainment Committee
“Not Alone: Help and Hope for the Impaired Attorney,” State Bar of Texas President Allan DuBois and John McShane. (Ethics 1.00)*
DAYL Elder Law Committee
TUESDAY, MARCH 1
9:00 a.m. Pictorial Directory Photographer at Belo
Noon
11:30 a.m. House Committee Walk Through
Corporate Counsel Section “Think Insurance: Current Trends & Practical Tips for Maximizing Insurance Claims,” Micah Skidmore. (MCLE 1.00)*
Noon
Morris Harrell Professionalism Committee 6:00 p.m. DAYL Board of Directors Meeting
6:00 p.m. Dallas Hispanic Bar Association
Noon
DAYL Business & Career Development Committee
Dallas Asian American Bar Association 5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
THURSDAY, MARCH 10 Noon
Public Forum Committee
THURSDAY, MARCH 24 Noon
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
THURSDAY, MARCH 17 Noon
Media Relations Committee CLE “How to Use the Media to Your, and Your Client’s, Advantage,” Mike Androvett. (MCLE 1.00, Ethics 0.50)*
CLE Committee 5:30 p.m. Bankruptcy & Commercial Law Section “Employee Compensation Issues in Chapter 11.” (MCLE 1.00)*
Publications Committee Christian Lawyers Fellowship
THURSDAY, MARCH 3
6:00 p.m. J.L. Turner Legal Association
Noon
Judiciary Committee “Patent Law in NDTX and EDTX: What’s Now and What’s Next,” Hon. Barbara M.G. Lynn, Hon. Rodney Gilstrap and Leon Carter. (MCLE 1.00)
FRIDAY, MARCH 11
Family Law Section Board Meeting
Noon
Appellate Law Section “Alternatives to Westlaw and Lexis --What’s Out There and How to Use It,” Stewart Canton and Ed Hart. (MCLE 1.00)*
St. Thomas More Society
FRIDAY, MARCH 4 Legal History Discussion Group/Criminal Law Section “The Representative Jury in Historical and Contemporary Perspective,” Prof. Jeffrey Abramson. (MCLE 1.00)* Co-sponsored with the CLE Committee.
Friday Clinic—North Dallas** “Will Contests,” Donna Yarborough. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, 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 Fox Rothschild LLP. RSVP to kzack@dallasbar.org.
11:30 a.m. DVAP Probate CLE “Nuts & Bolts of Probate Administration,” Hon. Brenda Hull Thompson, Jack Wilburn II and Jeff Wolff. (MCLE 2.00, Ethics 0.50)* Sponsored by DVAP, the Probate Courts and the DBA Probate, Trusts & Estates Section.
TUESDAY, MARCH 8
Noon
TUESDAY, MARCH 15
Legal Ethics Committee
Noon
6:00 p.m. Home Project Committee
WEDNESDAY, MARCH 9
Transition to Law Practice Program “Professionalism in the Legal Profession CLE Program,” Jerry Alexander, Hon. Jane Boyle, Hon. Doug Lang and Pat Long. (MCLE 1.00)*
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group
DAYL Lawyers Against Domestic Violence
MONDAY, MARCH 21 Noon
Antitrust & Trade Regulation Section “An Antitrust Analysis of ‘Product Hopping’ and Other Product-Design Modification Issues,” Robert Maness. (MCLE 1.00)* Franchise & Distribution/Business Litigation Sections “Food Contamination: FDA Litigation and
Register Now to Play Golf and Support Pro Bono
Friday Clinic-Belo “Not Alone: Help and Hope for the Impaired Attorney,” State Bar of Texas President Allan DuBois and John McShane. (Ethics 1.00)* Intellectual Property Law Section “Responding to Questionable DMCA Takedown Request,” Larry Waks. (MCLE 1.00)*
Real Property Law Section “Public-Private Partnerships,” Angela Hunt. (MCLE 1.00)* Peer Assistance Committee
Business Litigation Sections “Conflicts of Interest Quandaries,” Paul Koning. (Ethics 1.00)*
Noon
Golf Tournament Committee DAYL Solo & Small Firm Committee
TUESDAY, MARCH 29 No DBA Events Scheduled
WEDNESDAY, MARCH 30 11:30 a.m. Dallas Bar Foundation Fellows Luncheon. Recipient: Mark Shank. Tickets $65/Tables $650. For more information contact ephilipp@ dallasbar.org Noon
DAYL Equal Access to Justice Committee Municipal Justice Bar Association
Labor & Employment Law Section “Guns, Ganja, and the Gumshoeing Employee: New Challenges for the Workplace,” Kyla Gail Cole and Amanda Reichek. (MCLE 1.00)*
5:00 p.m. DVAP Belo Legal Clinic. Volunteers needed. For information contact reed-brownc@lanwt.org.
Senior Lawyers Committee “Nuts and Bolts of Appealing a Coverage Denial by Medicare and Drug Insurance”
THURSDAY, MARCH 31 Noon
TUESDAY, MARCH 22 Noon
Computer Law Section “Abstract Ideas 2.0,” Prof. Glenn Lunney, Jr. (MCLE 1.00)* Securities Section “Corporate Law Update From the First State,” Andrew Johnston. (MCLE 1.00)*
FRIDAY, MARCH 18
MONDAY, MARCH 14 Noon
DBA Offices Closed in Observance of Good Friday
MONDAY, MARCH 28
5:15 p.m. Dallas Stars CLE “Law on Ice II: Internal Governance of Legal Matters in Sports,” Jim Lites and Alana Newhook. (Ethics 1.00)* Visit www.dallasstars. com/cle and enter the code ETHICS. Cosponsored by the CLE & Entertainment Committees and the Dallas Stars
DAYL Freedom Run Committee
Tax Law Section Topic Not Yet Available,” Bruce McGovern. (MCLE 1.00)*
FRIDAY, MARCH 25
Christian Legal Society
Dallas Gay & Lesbian Bar Association
Trial Skills Section “How Social Media Affects Lawyers, Judges and Juries: Tips to Avoid Disaster,” Robert Tobey. (Ethics 1.00)*
MONDAY, MARCH 7
3:30 p.m. DBA Board of Directors Meeting
Minority Participation Committee
DAYL Animal Welfare Committee
11:00 a.m. Pictorial Directory Photographer at Two Lincoln Centre
South Dallas Clinic “Perspectives on the New Open Carry Law in Texas,” Joey Mongeras, Kathleen Tarbox Munoz and Dave Wishnew. (MCLE 1.00)* At UNT Dallas, 7400 University Hills Blvd, Building 2, Room #138. Park in lot in front of 7400 University Hills Blvd. RSVP to kzack@ dallasbar.org. Environmental Law Section “New Clean Water Rule: WOTUS-What it Says, What it Means and Will it Ever Happen,” John A. Connor. (MCLE 1.00)*
11:00 a.m. DWLA Board Meeting & CLE
Government Law Section “The Public Information Act: A Panel Discussion with the Office of the Attorney General,” Kimberly Fuchs, Justin Gordon and Tamara Strain. (MCLE 1.00)*
Sports & Entertainment Law Section “Back to the Drawing Board: Legal Issues in the Animation Industry,” Josh Fisher and Sally Helppie. (MCLE 1.00)* DVAP New Lawyers Luncheon. For more information, contact reed-brownc@lanwt.org.
Pro Bono Activities Committee
DAYL Judiciary Committee
Noon
Noon
Non-Profit Law Study Group
Tort & Insurance Practice Section “Adventures in Error Preservation,” Scott Stolley. (MCLE 1.00)*
Noon
WEDNESDAY, MARCH 23
DAYL Lunch & Learn CLE
Solo & Small Firm Section “Is Your Tech Ethical? A Checklist for the Small Firm Practitioner,” Ashley E. Tremain. (Ethics 1.00)*
Noon
DAYL Lawyers Promoting Diversity Committee
Energy Law Section “A Model Form Title Opinion: Time for a Revisit,” Paul Yale. (MCLE 1.00)* Health Law Section “OIG Advisory Opinions: Secrets, Strategies, and Tactics,” Mark Weiss. (MCLE 1.00)*
Summer Law Intern Program Committee
Employee Benefits & Executive Compensation Section “Measurement and Reporting Under the Affordable Care Act,” Nicole Studer. (MCLE 1.00)*
Courthouse Committee
WEDNESDAY, MARCH 16
Bench Bar Committee
WEDNESDAY, MARCH 2 Noon
Family Law Section “The Spectrum of Reunification: How to Know What Your Client Needs,” Dr. Aaron Robb and Christy Bradshaw Schmidt. (MCLE 1.00)*
DVAP Landlord/Tenant Law CLE “Landlord/Tenant Law: A Primer for the Volunteer Attorney. MaryAnne D’Aniello. (MCLE 1.00)* Register online at www. dallasbar.org or contact vallejod@lanwt.org.
Probate, Trusts & Estates Law Section “Trends in Litigating and Administering Guardianships,” Mark R. Caldwell. (MCLE 1.00, Ethics 0.25)*
Collaborative Law Section “What is Attachment Theory and How Does it Apply to my Collaborative Client?” Curtis W. Harrison II. (MCLE 1.00)* DBA Community Service Fund Board Meeting DAYL CLE Committee
Register now for the 24th Annual Pro Bono Golf Classic, benefitting the Dallas Volunteer Attorney Program.
Thursday, April 28, 2016 at Brookhaven Country Club TREAT YOUR CLIENTS TO A GAME OF GOLF! Registration includes a sleeve of golf balls, goody bag, lunch, on-course beverages, post-tournament reception and awards dinner. The tournament is a 4-person scramble format—limited to the first 128 golfers. Plus, we have first-rate team awards for 16 teams, a raffle and other fun contests and games! Check-in and practice range open at 10 a.m. and shotgun start is at 1:00 p.m. A reception and awards dinner will follow the tournament at approximately 5:00 p.m.
Register online at www.dallasbar.org. For more information on sponsorships, contact Rhonda Thornton at rthornton@dallasbar.org.
DBA Member Reminder All members who have not yet renewed for 2016 will be dropped on March 4, 2016! Renew TODAY in order to continue receiving all your member benefits.
Thank you for your support of the Dallas Bar Association!
M arc h 2 0 1 6
D al l as Bar A ssoci ati on l Headnotes 3
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 2016
President's Column
Headnotes
Cathy Maher and the Masters: Finding a New Executive Director BY JERRY C. ALEXANDER
Part of the process of hiring a new Executive Director of the Dallas Bar Association (you note I did not say “replacing Cathy Maher,” because she is irreplaceable) is coming up with a job description. Because she has been the Executive Director for almost 22 years, it has been decades since a formal job description was needed for an interview process. As part of the process to come up with a job description and to punish Cathy for leaving us, I asked her to do something of epic proportions. The idea came from golf. Every year an annual miracle occurs on the Professional Golf Association (PGA) tour. It is called the Masters. (Obviously, one of the purposes of this article is to get everyone in the golf mode and get them to play in the DBA golf tournament coming up April 28, 2016.) The Masters is an annual miracle because it is a major tournament, arguably the best golf tournament ever, and is not really a PGA Tour event. The Masters golf tournament is put on every year, not by the massive PGA staff that travels from city to city as an enormous advance party, setting up the course for the PGA events, putting up the press tents, assembling the TV towers, and arranging all the million tiny details that have to be done in order to get about a thousand people into a city and close to a golf course so they can participate in, work on, report on, and televise a major golf tournament that will host 200,000 people in four days. No, the Masters is put on every year by the Augusta National Golf Club’s members and staff. How can they possibly pull this off every year? It happens because as the tournament evolved over the years, a “Book” was developed. It starts on page 1, which is entitled “January 1,” and has a page or pages for each and every day of the year thereafter. On the page for each day, it says exactly the things that are supposed to be done—the specific tasks that are to be performed that day—so the Masters golf tournament can come off perfectly in mid-April, right around income tax time every year. The Book at Augusta National is somewhat massive, but if everything that is on each page for each day is done, the Masters tournament is played and is always a huge success. I asked Cathy Maher to prepare such a book for the DBA that basically says, “Here are the things that you have to do, or see to it that they are done, as Executive Director each day of the year. Whether it is you actually doing each task or your overseeing and assuring these things are done by an Officer or Director of the Dallas Bar Association, a Committee Chair or Section Chair, or one of the marvelous staff members that Cathy has hired, trained, and accumulated over the years, these are the things that if done on each day as written, cause the Dallas Bar Association to go forward. While my initial thought was to incorporate this into a job description, the book has become so massive that is impossible. It is so massive as to be impossible because of all the things Cathy has done each year and repeats year after year, day after day. You have often heard Cathy Maher described as “incomparable,” the best Executive Director of any Bar Association ever, etc., but no one has probably ever told you all of the things she has to do to earn those accolades. This Book, which is actually now almost finished (and only Cathy Maher could have put it together), sets all those things out. The amount of work or throughput Cathy does or is responsible for is not just “incomparable,” it is incredible. Just look at the month of January, and then only the major things the Executive Director has to do or oversee. They include the following: 1. Overseeing, organizing, and assuring the first meeting of all of the Committee and Section Chairs and Board Members occurs, including almost perfect attendance from everyone. This is a meeting held in Belo Hall and involves about 200 high-functioning, busy lawyers. 2. Work with all of the new Officers and Directors in conducting the organizational meeting of the entire Board of Directors. This meeting has to be scheduled, an agenda set, and the meeting held, minutes taken, transcribed, and approved. 3. A separate orientation session for new Directors has to be scheduled and conducted by the Executive Director with the President. 4. The Inaugural Ball is held and has to be organized with, of course, the help of the talented Events Director and other talented, hard-working staff members, but everything has to be overseen by Cathy. This is a seated dinner for somewhere between 700 and 1,000 people with a live auction, a silent auction, a raffle for a car, live entertainment, a casino party, photographs, and everything that goes with it! This gala would be a sole event for a month or even an entire quarter of a calendar year for the executive directors of many organizations, but it is just one more thing that has to be accomplished during the month of January.
5. January also has another special event, the Martin Luther King, Jr. Justice Awards Luncheon, which has really become a high point of the Dallas Bar’s activities every year. It has high attendance by judges and local luminaries, and wonderful speakers such as this year’s MLK Award Recipient, Dr. Mike Sorrell, the President of Paul Quinn College. This luncheon has to be organized and coordinated with other Committees and groups and is another major event in January. 6. Helping to recruit hundreds of volunteers for the DISD Mock Trial Competitions held in January. 7. Being sure that appropriate attention to membership renewals is taking place. 8. Meeting with the new President weekly to keep them on track. 9. Attending the first meetings of DBA Committees with the new President or the Board of Director liaison including the: a. DBA Admissions and Membership Committee b. DBA Public Forum Committee c. DBA CLE Committee d. DBA Peer Assistance Committee e. DBA Legal Ethics Committee f. DBA Minority Participation Committee And this is just for the Dallas Bar Association. Cathy Maher also has responsibilities when it comes to overseeing the relationship between the Dallas Bar Association and the Dallas Bar Foundation, the actual owner of the Belo Mansion and Pavilion and the charitable arm of the Dallas Bar Association. She also has responsibilities to the Dallas Bar Association for overseeing the relationship with the Community Service Fund, which manages the Equal Access to Justice Campaign and Dallas Volunteer Attorney Program. The Campaign raised over $1 million dollars for the second year in a row, and the Dallas Volunteer Attorney Program runs 11 clinics in different parts of the City where the need is greatest. This program is probably the most necessary thing the Dallas Bar Association does to fulfill the portion of its mission to establish and maintain good relations with the community. Presently, over 30 percent of the residents of Dallas County are at or so close to the poverty line that they qualify for legal assistance in civil matters. They must be given a meaningful opportunity to have their disputes heard. This enables them to become accustomed to the legal system and understand it is the means of resolving their disputes. All of these Committees and programs demand a very high level of organizational talent, skill and time in the month of January to assure they get off to a good start. WHEW! (You tired yet?) This “how to do,” and “what to do every day information” that Cathy has now put in the Book did not exist in this form previously. As part of the interview process the candidates will see the Book, go through it, and will be asked a very simple question, “Do you think you can do all of this?” Various follow-ups such as “How would you do it?”; “Do you see any better ways to do it, or more efficient ways?”; “What are your ideas?” will also be asked. Most importantly, they will be asked, “Are you willing to put in the time and effort necessary to accomplish these things, because your first January will involve a lot of 50 and 60 hour weeks?” The same 50- or 60-hour weeks Cathy Maher has put into all the Januarys at the Dallas Bar Association each of the last 21 years. While January is probably the busiest month, it is not atypical of the activities that occur at the Belo throughout the rest of the year. The position of Executive Director requires constant attention and a physical presence at the Belo Mansion during working hours every single day. The Dallas Bar Association and each of its members have been the beneficiaries of not only Cathy’s skills and enormous talents, but a terrific work ethic and drive. This combination yields phenomenal results, and has for Cathy Maher and the Dallas Bar Association. Cathy is the kind of person and has had the success that warrants every accolade anyone can give her. I can only give her this accolade—YOU.ARE.THE.BEST. EVER. And all the search committee (myself, Kim Askew (Chair), Brad Weber, Rob Crain, Michael Hurst, Laura Benitez Geisler, Mark Sales, Rhonda Hunter, and Victor Corpuz)— and eventually the Board—can do is attempt to find someone who can be adaptive and innovative when needed AND do all of the things “in the Book” as well. They also need to remain cheerful, positive and committed while doing all of this. Since December 1994, Cathy Maher has gone 21 for 21 on pulling this off each year. Wish us luck! HN See you at the Belo. Jerry
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: Jerry C. Alexander President-Elect: Rob D. Crain First Vice President: Michael K. Hurst Second Vice President: Laura Benitez Geisler Secretary-Treasurer: Sakina Rasheed Foster Immediate Past President: Bradley C. Weber Directors: A. Shonn Brown, Hon. Rob Cañas, Jonathan Childers, Dawn Estes, Rocio Cristina Garcia (President, Dallas Hispanic Bar Association), Stephanie Gause (President, Dallas Association of Young Lawyers), Hon. Martin Hoffman, Krisi Kastl, Bill Mateja, Karen McCloud, Kate Morris, Cheryl Camin Murray, Emmanuel Obi (President, J.L. Turner Legal Association), Monika Sanford (President, Dallas Asian American Bar Association), Diane M. Sumoski, Robert L. Tobey (Chair), Aaron Tobin (Vice Chair) and Victor D. Vital Advisory Directors: Christopher Kang (President-Elect, Dallas Asian American Bar Association), Angelina LaPenotiere (President-Elect, Dallas Hispanic Bar Association), Tramaine Scott (President-Elect, J.L. Turner Legal Association), and Paul Simon (President-Elect, Dallas Association of Young Lawyers) Delegates, American Bar Association: Rhonda Hunter, Hon. Liz Lang-Miers Directors, State Bar of Texas: Wm. Frank Carroll, Leon Carter, John Jansonius, Florentino A. Ramirez and Scott Stolley
HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Josh Garza Display Advertising: Deni Ackerman, Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Meghan Hausler and Keith Pillers Vice-Chairs: Alexander Farr and Carl Roberts Members: Timothy Ackermann, Logan Adock, Jerry C. Alexander, Wes Alost, Jason Bloom, Andrew Botts, Charles Coleman, Shannon Conway, Jess Davis, James Deets, Leiza Dolghih, Dawn Fowler, Susan Halpern, Jeremy Hawpe, Mary Louise Hopson, Lindsay Hedrick, Brad Jackson, Andrew Jones, Kristi Kautz, Amanda Kelley, Michelle Koledi, Kevin Koron-ka, Susan Kravick, Lawrence Maxwell, R. Sean McDonald, Tyler Mendez, Terah Moxley, Jessica Nathan, Eugene Ol-shevskyy, Kirk Pittard, Laura Anne Pohli, Charles Price, Kathy Roux, Jared Slade, Thad Spalding, Shana Stein, John Stevenson, Scott Stolley, Amy Stowe, Ashely Swenson, Michael Tristan, Pryce Tucker, Peter Vogel, Suzanne Westerheim, Yuki Whitmire 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 Director: Rhonda Thornton Executive Assistant: Mary Ellen Johnson Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewers: Viridiana Avina, Marcela Mejia Law-Related Education & Programs Coordinator: Melissa Garcia Membership Director: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Yedenia Hinojos DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Mentor Attorneys: Kristen Salas, Katherine Saldana Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Tina Douglas, Zaporra Gonzales, Andrew Musquiz, Carmen Perales, Alicia Perkins, Briesha Taylor Program Assistant: Patsy Quinn Secretary: Ellie Pope Copyright Dallas Bar Association 2016. 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 publica-tion. 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 nec-essarily 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
6 He a d n o t e s l D a l l a s B a r A s s o ciation
Law Stuff You Should Know On January 29, the DBA hosted “Law Stuff You Should Know: A 2015 Survey of the Law.” Through 30-minute sessions, the large crowd of nearly 200 attendees learned of recent updates in the law in 11+ practice areas, including a Supreme Court update with Justice Deborah Lehrmann and Jason Steed. Speakers included judges, law school professors and top practitioners.
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Ron Massingill & Maryann Brousseau
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March 2016
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Focus
D al l as Bar A ssoci ati on l Headnotes 7
Energy/Environmental Law
Landman or Lawyer? $70MM+ Reasons Why You Should Care BY JORDYN J. CHRISTIAN-GINGRAS
Once a licensed attorney, can you ever be “just a landman” again? Your safest bet would be to assume the answer is NO. In an area of the law where it is arguably more commonplace to invest with your client than many other practice arenas, oil and gas lawyers would be wise to revisit a number of applicable ethical rules often forgotten by many attorneys. The potential liability for failing to do so could easily exceed most firm’s malpractice coverage limits. Consider this: Two gentlemen (one a current client, the other a former) invite you—their lawyer—to participate in a transactional oil and gas deal, i.e. flipping leases or buying minerals together. Everyone provides their share of the capital, and each of you will be responsible for designated tasks in your respective wheelhouses. As the only lawyer in the group, you will be handling the drafting and negotiating of various contracts which will likely include a series of letter agreements, a purchase and sale agreement from an end buyer, and possibly participation agreements to include other investors or partners. You will also be performing most of the title review and curative matters. Does it strike you that the Texas Disciplinary Rules of Conduct view this scenario as a “Prohibited Transaction” unless certain requirements are met? Rule 1.08, “Conflicts of Interest: Prohibited Transactions,” provides that a lawyer shall not enter into a business transaction with a client UNLESS: (1) the terms are fair and reasonable to the client and fully disclosed in a manner that can be reasonably understood by the client, (2) the client is given a reasonable opportunity to seek independent counsel in the transaction, AND (3) the client consents in writing. Note that while Rule 1.08 applies only to current clients, Rule 1.09 covers conflicts of interest with former clients. If the deal goes south and the lawyer, not having complied with Rule 1.08, claims he was never acting as the attorney for the group while the non-lawyers believed that he was, what will determine whether the lawyer has exposure for lia-
NEED TO REFER A CASE? The DBA Lawyer Referral Service Can Help. Log on to www.dallasbar.org/dallaslawyer-referral-service or call (214) 220-7499.
bility? What if the lawyer claims the tasks he performed were “only land work” and that he clearly was not wearing his lawyer hat on this deal? Without having met the requirements of Rule 1.08, an objective standard would be applied to evaluate whether the lawyer was aware or should have been aware that the lawyer’s conduct would have led a reasonable person to believe they were being represented by the lawyer. This would be particularly dangerous given the fact pattern because it would be difficult to imagine any dynamic between a licensed oil and gas attorney and even the most seasoned non-lawyer landman whereby the attorney would not ultimately be held to have superior knowledge relating to the tasks described above, which would support the finding of a fiduciary relationship regardless of the ethical rules. For an illustrative case study closely
mirroring the above described scenario and highlighting the importance of always attempting to view things from the non-lawyers’ perspective see L.W. Hunt Resources, LLC v. Taylor, No. DC-20130016 (32nd Dist. Ct., Fisher County, Tex.). The case was tried over a 3 ½-week jury trial in Roby, Texas last August. The jury found the defendant lawyer guilty of civil conspiracy, fraud, and breaches of trust and fiduciary responsibilities stemming from the existence of the attorney-client relationship and having formed a partnership. The damages award exceeded $70 million. A hearing was set for February 10th to enter the judgment. Dallas trial lawyer, Randy Johnston, testified on behalf of Plaintiff Intervenors in the case as an expert witness regarding whether the lawyer was aware or should have been aware that his conduct would have led a reasonable person to believe
the lawyer was representing them on the transaction. One interesting issue worth noting was whether the conduct constituted malpractice or rose to the level of a fiduciary breach. The distinction will essentially turn on whether it touches the “integrity and fidelity” of the lawyer. While there are always exceptions to the rules or “off ramps” that a lawyer may take which would negate the need to comply with Rule 1.08, the safer route for a lawyer who finds him or herself in a transactional business deal with non-lawyers would be to fulfill the three requirements of the rule to display a good faith attempt to eliminate the possibility of potential confusion for non-lawyers HN involved. Jordyn is a Partner at Beckmen Law, P.C. and is Vice Chair of the DBA Energy Law Section. She can be reached at jordyn.gingras@ beckmenlawfirm.com.
8 He a d n o t e s l D a l l a s B a r A s s o ciation
March 2016
DBA Athletic Director
Cycling Is Good and So Are Cyclists BY KENNETH G. RAGGIO
The training manual for the DBA “team” this year is the book Younger Next Year. Chapter 4 not only convincingly argues that we need to exercise six days a week for the rest of our lives, but also gives effective strategies to fit such exercise into our daily schedules. Then Chapter 6 gives specific activities to consider, with emphasis on the “healing sports”— ones that knit you together instead of pulling you part (tennis) or beating on your joints (running). Cycling, swimming, and rowing are three examples of healing sports. But cycling is universal: (1) you most likely already know how to do it; (2) there are many ways to do it; and (3) it strengthens the quads, the muscles that will keep you out of a walker or wheelchair in the future. Terry Oxford, a partner at Susman Godfrey L.L.P., and Roger Crabb, a corporate attorney with Scheef & Stone, L.L. P., are two guys who are at the head of the class when it comes to cycling. They both started cycling shortly after becoming lawyers and have continued with zeal and regularity ever since. They “discovered” steep hills in southwest Dallas County, down at Mountain View. They ride there every Saturday for several hours, even on winter days when the temperature starts out in the 30s. They are joined regularly by other lawyers, some of whom are relatively new cyclists, are cycling on doctor’s orders, or are other long-term cyclists who, like Mr. Oxford
and Mr. Crabb, did racing as younger adults. They welcome new riders. Mr. Oxford and Mr. Crabb have stationary bicycle apparatuses at their homes (for the days between real rides), but they also do quality destination cycling trips both here and abroad. Together they have participated in local cycling rallies such as Muenster, Paluxy Pedal, and Lancaster, and mountain pass climbs such as the Iron Horse Classic out of Durango, Colorado. Between them, they have completed bicycle trips/rides in France, Spain, Italy, Majorca, Sonoma and Napa Valleys, Oregon, and many other places. (Makes my cred of annually riding up Independence Pass—a 4,000-vertical feet out of Aspen—look very pedestrian.) All their trips sound like fun! (And their bicycle rides help burn the calories from the wonderful meals and drinks after the daily rides!) Pack your helmet, shoes, shorts, and pedals, and most trips can turn into a trip with at least a quality ride or two! Mr. Oxford had a months-long trial in New York, and he bought a bicycle and workout stand and rode daily in his room. (He even took his pedals for that one, but did not need his helmet!) Both Mr. Crabb and Mr. Oxford recognize that cycling is a healing sport (i.e. non-weight bearing), so they each also do strength training. Mr. Oxford goes to the YMCA and does the weight machines while working on a NY Times crossword puzzle, and Mr. Crabb uses the weight bench and pull-up apparatus at his house. Both therefore practice the
Roger Crabb and Terry Oxford
last words of Chapter 11 in the Younger Next Year: “Aerobic exercise saves your life; strength training makes it worth living.” Doing both aerobic training (this example is cycling) and strength training is the foundation of long term fitness and health. Both lawyers’ firms recognize the benefits of cycling. Mr. Oxford rides with Susman Godfrey teams—sometimes exceeding 40 riders—in the 150-mile Houston to Austin MS ride over two days, and Scheef & Stone organizes cycling rides at their firm retreats in the Hill Country where name partner John Scheef, and attorneys Patrick Schurr, Eric Wood, and others ride along with Mr. Crabb. So there is espirit de corp along with fitness. Other lawyers have received the memo about cycling: Some participate in spin classes, attend “competitive” spin
classes (Flywheel Sports), or get high-end stationary bicycles with both visual tours and online classes (Peleton and Tour de France). Some ride bicycles to the office. Some, like Mr. Crabb, ride the Sunday RBM ride into Kaufmann County from White Rock Lake. But all one needs to get started is a bicycle, with emphasis on use of it, not how neat it is. As exemplified by Mr. Oxford and Mr. Crabb, cycling is one of the best combos for fitness and fun. Please suggest other candidates to feature in future columns. Some will feature women lawyers with dramatic long-term weight losses, and recordsetting female lawyer-athletes. Contact me HN at kenneth@raggiolaw.com. Kenneth G. Raggio is a partner at Raggio & Raggio, P.L.L.C. and can be reached at kenneth@raggiolaw.com.
Patent Law in NDTX and EDTX: What’s Now and What’s Next
Hon. Rodney Gilstrap
Hon. Barbara M.G. Lynn
Leon Carter
Thursday, March 3, 2016, Noon at Belo | MCLE 1.00 Sponsored by the DBA Judiciary Committee
L A R R Y & S A L LY W O L F I S H Estate Planning A t tor ne y and D onor-A d v ise d Fund Holder s
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What is the DBA 100 Club? The Dallas Bar Association 100 Club is a special membership recognition category given to firms, agencies, law schools and organizations that have 100% membership in the Dallas Bar Association.
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How do you join? Firms, government agencies, and law schools with two or more lawyers as well as corporate legal departments may qualify for the DBA 100 Club if all attorneys are a member of the Dallas Bar Association. To join the 2016 DBA 100 Club, 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 2016 DBA 100 Club membership list! What are the perks? Our 2016 DBA 100 Club members will be recognized in Headnotes, the 2017 DBA Pictorial Directory and receive a Certificate of Appreciation as well as recognition at our Annual Meeting in November.
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D al l as Bar A ssoci ati on l Headnotes 9
Energy/Environmental Law
Liens Against Mineral Property BY ZACH ECCLESTON
Oil is trading at a 12-year low. As a result of this down cycle, industry cash flow is tight, and your clients may seek assistance in collecting on unpaid invoices. The best remedy might be a lien against mineral interests. Chapter 56 of the Texas Property Code creates a lien for a contractor or subcontractor who, under an express or implied contract, performs labor or furnishes materials related to the drilling or operating of an oil or gas well or an oil or gas pipeline. This is the exclusive statute governing liens of this type. Persons entitled to liens under this Chapter are not entitled to liens provided by other statutes. Although a court may liberally construe the enforcement provisions of the statute to effectuate its remedial nature, it will strictly apply the specific requirements for the lien’s creation; therefore, it is essential to review the precise language of the Chapter. The statute and the courts have set a relatively broad definition of who qualifies for the lien and what services are covered, but there are some notable exceptions. For instance, the term “labor” is usually held to mean manual labor; thus, those providing professional services, such as accounting or land services, may be unable to assert a lien. Further, even certain types of physical services, such as the dismantling of an abandoned pipeline, have been held not to qualify for the protection of the statute. The statute also lists the property interests that are subject to the lien. Perhaps most importantly, the lien applies to
the land, leasehold, well, pipeline, and lease for which labor was performed or materials were supplied. However, only the property interests of the owner contracting with the contractor are covered by the lien. Furthermore, an owner is not subject to liability greater than the amount detailed in the contract between owner and contractor. Therefore, if the owner has paid a contractor in full before receiving notice of the subcontractor’s claim, the property is not subject to a lien. A contractor’s lien is perfected if, not later than six months after the day the indebtedness accrues, a claimant files an affidavit with the county clerk stating: (1) the name of the mineral property owner, if known; (2) the name and address of the claimant; (3) the dates of performance or furnishing; (4) a description of the property interest involved; and (5) an itemized list of amounts claimed. For a subcontractor’s lien, the subcontractor must serve the property owner with a written notice of the lien no later than the tenth day before the day the affidavit is filed. In addition to the five items above, the subcontractor’s affidavit must include: (1) the name of the person for whom labor was performed or materials were furnished; and (2) a statement that the subcontractor timely served the required notice. Perfecting these liens is relatively straightforward; nonetheless, it is crucial that you meticulously follow the prescribed procedures. Additionally, there are a few issues that merit special consideration. First, you must strictly adhere to the time limits set by the statute. Failure to do so will be fatal to the lien. Second, accurately and sufficiently
describe the property interest subject to lien. Your client may give you nothing more than a county and a well name, necessitating further investigation to determine a proper description of the lands, leases, and units burdened by the lien. Third, do not file an affidavit of lien in instances where deadlines have passed or circumstances prevent your client from qualifying for a lien. An affidavit of a lien is a cloud on title; filing one without merit creates exposure to a suit for slander of title. Assuming the lien has been properly perfected, its priority will relate back to the time that work was first performed or materials were first supplied—not upon
the date the work ended or the date the affidavit was filed. When multiple Chapter 56 liens exist against a single property, however, the liens are of equal priority and the holders will share any foreclosure proceeds on a pro rata basis. If you are otherwise unable to reach a settlement, enforcement of the lien will require judicial foreclosure. The procedure to foreclose these liens is the same as that provided for traditional mechanics’ liens. The suit must be brought within two years after the date of filing the lien or within one year after completion of the HN work, whichever is later. Zach Eccleston is a Partner at Hameline & Eccleston, LLP. He can be reached at zach@helawfirm.com
Not Alone: Help and Hope for the Impaired Attorney Friday, March 18, Noon, at Belo | Ethics 1.00 Speakers: Allan Dubois, State Bar of Texas President John McShane, McShane & Davis, L.L.P. RSVP to kzack@dallasbar.org.
Sponsored by the DBA CLE and Peer Assistance Committees and DAYL.
PROFESSIONAL SEMINAR 2016 T U E S DAY, M AY 10, 2016
Charity and the Tax Code Featuring Robert S. Keebler Please join Communities Foundation of Texas as Robert S. Keebler presents the latest charitable tax strategies regarding income and estate taxation, transfers to charity during life and after death, private foundations vs. donor-advised funds, and charitable remainder and lead trusts.
Breakfast 7:00am · Program 8:00am to 11:30am · $80 Early Bird Price until March 31 Seating is Limited · Communities Foundation of Texas · 5500 Caruth Haven Lane To register or for more information, visit www.CFTexas.org/keebler or call 214.750.4145
CREDITS • CPE/CFP 3-hour credit • MCLE 3-hour credit pending • TBLS 3-hour credit for Estate Planning and Probate Law pending • TBLS 3-hour credit for Tax Law pending • No prerequisite required
SPONSORED BY: PRESENTED BY:
M C M EAD OWS C OLLIE R ATTORNEYS AT LAW
MEADOWS, COLLIER, REED, COUSINS, CROUCH & UNGERMAN, L.L.P.
SEMINAR COMMITTEE MEMBERS George J. Nachman, Chairman, Attorney at Law Kalita Beck Blessing Quest Capital Management, Inc. Brent E. Christopher Communities Foundation of Texas Edward A. Copley The Blum Firm, P.C.
Alan K. Davis Meadows, Collier, Reed, Cousins, Crouch & Ungerman, LLP Amy A. Eaker Southern Methodist University Jack M. Kinnebrew Strasburger & Price, LLP
Kal Grant Tolleson Wealth Management Norman A. Lofgren Gray Reed & McGraw, PC Stephen N. Maus The Nautilus Group Kathy Muldoon Carter Financial Management Kenneth B. Travis TravisWolff
10 H e a d n o t e s l D a l l a s B a r A s s ociation
March 2016
Social Media and Copyrights: The Risks & Pitfalls BY MURALI PASUPULATI
The world has not been the same since the advent of social media. In fact, one could credibly argue that the popular manifestation of social media websites and other online platforms has successfully permeated into all facets of our present day life, including business, politics, and of course social intercourse. Social media has provided a unique opportunity for individuals to be interconnected and empowered in this networked age. Further, it offers real or perceived notions of individual empowerment and added zest for social engagement by the user. However, as much as all of the above accolades are richly deserved, social media also poses hidden potential dangers for the unsuspecting user of this medium. It is a truism that our legal architecture always appears to be out of sync with a dynamic and fast evolving technical architecture. As often the case, it is up to the legal profession to ensure that the interplay between both these domains remains harmonious in order to generate the best social gains. While there are many possible legal stumbles in the social media landscape, following are some select issues arising from copyright laws. It all begins with the Terms of Use
(TOU), that oft-ignored and glossed over “legalese” that acts as a user’s legal gateway for engagement on most social media websites and online platforms. Primarily, the TOU exists to define, delineate, and set the terms of engagement between users and the platform owner. However, inevitably and right from the start, such a legal structure assures a hierarchical and unequal relationship between the platform owner and the user. Arguably, the courts would strike down any overtly unconscionable terms in the TOU, but generally, the courts accord due deference to such voluntary engagements. In other words, there is no getting around the task, albeit much ignored by users, of actually reading and understanding the TOU of any social media website before engagement. Also, as part of this inquiry, it is helpful to look at some of the early building blocks in the legal framework built to address unique issues of legal liability that a fast evolving networked digital age posed to courts and policy makers. Specifically, Section 230 of the Communications Decency Act was designed to shield so called Internet Service Providers (ISP) from any legal actions directed at them based on the content of third parties. This key provision immunizes ISP, online forums,
DVAP BELO LEGAL CLINIC Wednesday, March 30 ~ 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.
and social media platform owners from liability for tortious conduct committed by users of such platforms. Such normative impetus has continued, and therefore, it is not surprising that Section 512 of the Digital Millennium Copyright Act actually provides safe harbors for the platform owners against liability for alleged copyright infringement as long as they promptly block access to the allegedly infringing material and/ or remove such content from their platform, upon request from the copyright owner. For a social media user, the issues discussed above are important considerations to bear in mind because they set the stage for one’s engagement in the online space. Another important emerging issue in the social media ecosystem has the use of data extraction tools, including software that allows data scrapers to collect data from social media websites. Again, the TOU of the social media websites are an important touchstone for anyone wishing to leverage data obtained via data scrap-
ing or harvesting technologies. In such instances, the data harvester is likely focused on obtaining user generated content as opposed to the platform owned content. Some key take-aways from recent data extraction cases suggest that this is still a highly fluid and evolving area of law and that courts may or may not find that violations of use restrictions or of TOU are sufficient to support claims of copyright infringement. While the foregoing only highlights certain key copyright issues in a nutshell, it is important for anyone participating in the social media ecosystem to have a firm grasp of the legal challenges, especially as they pertain to unique circumstances and engagements. Such heightened awareness helps social media participants continue enjoying and utilizing the community and interHN connectivity of social media. Murali Pasupulati is an attorney at PepsiCo, Inc., and may be reached via mpasupulati@yahoo.com. The views and opinions expressed in this article are the author’s own and do not reflect the view of PepsiCo.
South Dallas Clinic Presents: Perspectives on the New Open Carry Law in Texas Speakers: Joey Mongeras Sorrels, Udashen, & Anton Kathleen Tarbox Munoz, Andrews Dave Wishnew, Gruber Elrod Johansen Hail Shank Thursday, March 24, Noon | MCLE 1.00 UNT Dallas (7400 University Hills Blvd., Building 2, Room #138) Park in lot in front of 7400 University Hills Blvd RSVP to kzack@dallasbar.org.
Belo Reminder Please remember that food and beverage services shall be provided exclusively by Culinaire International. Group/patrons are prohibited from bringing their own food and/or beverages onto the premises. Thank you for your assistance!
TLIExceptional Because of our exceptional coverage, Texas Lawyers’ Insurance Exchange has been voted best professional liability insurance company in Texas four years in a row by Texas Lawyer magazine. That same exceptional coverage and over 36 years in the business has also made TLIE a Preferred Provider of the State Bar of Texas. Not to mention, we have returned over $41,550,000 to our policyholders. See why exceptional coverage makes the difference.
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D al l as Bar A ssoci ati on l Headnotes 11
Energy/Environmental Law
HB 40: Impact on Municipal Regulation of Oil & Gas Operations BY MELANIE KEMP OKON AND SUSAN E. HANNAGAN
The state of Texas has officially banned bans. On fracking, that is. House Bill 40, which was passed by the Texas legislature in May 2015, preempts municipalities and any other political subdivisions from regulating oil and gas operations, specifically prohibiting them from passing blanket bans. The bill, affectionately known as the “Denton fracking bill,” was passed in large part in response to Denton’s ordinance banning fracking, which was passed in November 2014. Immediately after passing the ordinance, two organizations filed suit against Denton. In the face of the litigation and the passage of HB 40, Denton repealed its fracking ban. HB 40 moved swiftly through both houses, passing with over 2/3 majority in each. The bill was designed specifically to address and prevent any blanket bans on oil and gas activities within the state, as well as to ensure a uniform regulatory scheme controlled at the state, rather than local, level. In addition to expressly prohibiting bans on oil and gas operations, it also severely limits
the ways in which cities can regulate oil and gas operations, specifically stating that oil and gas operations are “subject to the exclusive jurisdiction of the state.” By this, HB 40 acknowledges that there is already a regulatory scheme in place to monitor and control oil and gas operations within the state and clarifies that the preemption specifically outlined in the text already “impliedly” existed from pre-existing statutes. HB 40 leaves municipalities with only the ability to regulate surface activity of oil and gas operations, such as light, noise, and traffic related to such operations, with strict limitations. Any such regulations must not effectively prohibit any operations, must not be otherwise preempted by state or federal law, and must be “commercially reasonable.” The statute defines “commercially reasonable” as “a condition that permits a reasonably prudent operator to fully, effectively, and economically exploit, develop, produce, process, and transport oil and gas.” As a compromise to municipalities that expressed concern over the environmental impact of oil and gas operations and their ability to protect their communities, HB 40 was amended to provide that any ordinances that have been in effect for at least
How to Use the Media to Your, and Your Client’s, Advantage Speaker: Mike Androvett President & CEO, Androvett Legal Media & Marketing Thursday, March 17, Noon at Belo MCLE 1.00, Ethics 0.50 RSVP to jsmith@dallasbar.org
five years and that have “allowed the oil and gas operations at issue to continue during that period” are “considered prima facie to be ‘commercially reasonable.’” However, this is not a get-out-of-jail-free card, as such regulations can still be challenged and ultimately must still meet the “commercially reasonable” standard. While the passage of HB 40 provides substantial protection for oil and gas operations in the state of Texas, including protection from any attempts to ban fracking directly or indirectly, it potentially sets up complicated disputes over what regulations of surface activity are “commercially reasonable.” The standard the legislature outlined in HB 40 provides significant deference to operators; however, proving that a regulation is not commercially reasonable leaves much room for disagreement over what a reasonably prudent operator might do. Setbacks, traffic, lights, and noise ordinances, among any other surface activity regulations, will have to pass the scrutiny of this stan-
dard. For example, Dallas requires a setback of 1,500 feet, while Fort Worth only requires a setback of 600 feet. HB 40 opens the door to challenges that a large setback is not commercially reasonable when other cities allow smaller setbacks. Such challenges will certainly be extremely fact-intensive exercises. Ultimately, proving what a reasonably prudent operator would do will likely result in a battle of experts at trial. HB 40 successfully quashes attempts to ban fracking and any other oil and gas operations by municipalities, leaving operators with more certainty about their future in Texas. Fracking, which quickly resumed in Denton thanks to HB 40, will continue throughout the state. Now, if we could just do something about $26 per HN barrel oil. Melanie Kemp Okon is a partner and Susan E. Hannagan is an associate at Estes Okon Thorne & Carr PLLC.. They can be reached at mokon@ estesokon.com and shannagan@estesokon.com, respectively.
SAVE THE DATE! Dallas Minority Attorney Program CLE April 8, 2016 | 8:45 a.m.-5:00 p.m. at Belo | Free Topics Include: court appointments, client development, managing and developing your practice, technology and much more. MCLE 7.00, pending Space is limited. RSVP to email ahernandez@dallasbar.org as soon as possible to secure your spot.
12 H e a d n o t e s l D a l l a s B a r A s s ociation
March 2016
Text Messages: Recovery & Use in Litigation BY CHAD PINSON AND JAY JOHNSON
Over 90 percent of American adults own a cell phone, and many of them send and receive text messages on a regular basis. Indeed, by at least one measure, young adults exchange nearly 110 text messages daily, totaling over 40,000 messages every year. Many incorrectly believe that text messages are not easily retrievable or, once deleted, are gone forever. Neither is necessarily true. For attorneys that understand forensic recovery tools and admissibility rules, text messages can present an evidentiary advantage in court.
Recovering Text Messages Television shows like CSI, 24, and Homeland have exposed people to the idea that data from mobile phones and other smart devices are recoverable using digital forensic methods. But attorneys in particular should understand the variables most likely to affect cost and feasibility of recovery. The least costly and most feasible text messages to recover are non-deleted messages from a smart device with an available password. Deleted messages are more difficult to recover. From those working assumptions, however, attorneys should ask the following questions:
How much time has passed since a deleted text message was in fact deleted? How often was the device used since the message was deleted? Recovery becomes more difficult as the device is subject to frequent use over an extended period of time following the deletion. Was the message sent or received using alternative applications, such as Snapchat, WhatsApp, GroupMe, or Telegram? What type of device was used to send or receive the message? For example, a Blackberry is generally more accessible than an Android, which is generally more accessible than an iPhone. Does message recovery require circumventing an unknown or unavailable password? The presence of encryption is a particularly onerous obstacle, and one that arises more frequently as operating system developers continue to move more data into encrypted databases on smart devices. Although the foregoing factors determine the cost and feasibility of message recovery, none necessarily renders recovery impossible, even in the face of significant technical obstacles, such as from socalled self-deleting text messaging applications or significantly damaged devices.
Text Messages in Litigation Attorneys should weigh the anticipated evidentiary value of a message
against the aforementioned cost and feasibility of recovery. That effort should involve more than a determination of the degree to which the message evidences a critical fact, however, and should also account for the likelihood that the message will be admissible. Two concerns stand out above others. Can the authenticity of the message be established? Will the rule against hearsay bar admissibility? The key to addressing the former is to authenticate the source of the message. And just as a traditional signature by itself and in the face of forgery concerns has been held insufficient to authenticate a paper document, the caller ID and/or screen name associated with a text message has likewise been found insufficient. In other words, self-identification may not be enough. Attorneys can use Federal Rule of Evidence 901(b) as their guide and, lacking direct evidence such as witness testimony regarding the creation of the text message, may find it worthwhile to focus instead on distinctive characteristics of the message itself—e.g., references in the message to details such as nicknames and recent interactions that only the sender and/or recipient knows and subsequent actions by the alleged sender that are consistent with the message. Additionally, assuming a given text message is authentic and proposed for
the truth of what is said in the message, the rule against hearsay poses a different and potentially problematic obstacle to admission. Texts are not learned treatises, ancient documents, commercial publications, or other things that would exempt them from the rule against hearsay. And their informal nature and heavy reliance on emoticons, multiple exclamation points, and acronyms like the well-known ROFL and others may collectively and unintentionally raise the bar as to what constitutes a truly “excited utterance.” But like other statements, text messages may be admitted as a party admission, as a present sense impression (especially if the time and date of the text message corroborates the statement in it), or as otherwise allowed by Rules 803 and 804 under the circumstances. A full treatment of all of the considerations applicable to the recovery and admissibility of text messages is beyond the scope of this writing. For now, however, attorneys should be mindful of the evidentiary value of text messages and should weigh that value against the anticipated cost and feasibility of recovery based on the factors previously HN described. Chad Pinson is Managing Director at Stroz Friedberg and can be reached at cpinson@strozfriedberg.com. Jay Johnson is Of Counsel at Jones Day and can be reached at jjohnson@jonesday.com.
Mark Shank Selected for 2016 DBF Fellows Justinian Award continued from page 1 leadership—even though their personality styles were night and day.” It shows that there is not just one type that lays claim to the term, “natural born leader.” Speaking of types, Ken Benson, Executive Director of the Dallas Breakfast Group, notes that there are many ways to describe Mark—he fits happily into a surprising number of categories. “He may be an attorney by profession, but the man I know is one with many passions and interests— who is always looking toward the next challenge or opportunity that life is creating for him. Whether it is a case he is working on, helping Habitat grow and expand in Dallas, leading the Dallas Breakfast Group
as Chair for five years, assisting his friend U.S. Congressman Pete Sessions in a campaign or legislative initiative, or attending to family matters. He is always there, always active, always willing to help.” Being this committed, how does Mark balance it all? His sense of balance is uniquely honed and comes from his very core—he is a competitive barefoot waterskier. Without a rock solid core to rely on, Mark would have taken colossal tumbles that could have paralyzed him. Literally. An unusual skill that keeps him standing tall— on skis and off—is that he always lives and works in the present—in the moment. One of the rarest gifts Mark has and that every friend, client, fellow volunteer, and family member appreciates, is his unwavering
Texas Rangers Baseball DBA Discount Tickets Now Available! If you are interested in Season Tickets, Suite Rentals or Group Tickets, please contact Jeremy Christopher at (817) 273-5173. COMMUNITY VOLUNTEER OPPORTUNITIES FOR LAWYERS Q
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focus on them—he is with them in that moment. His voracious and lifelong curiosity is fueled in those moments of personal and professional connection. Nancy Thomas, Attorney, Arbitrator/ Mediator, and former State District judge, says that “Mark exemplifies ‘doing well by doing good.’ He enjoys helping people and making a difference in their lives. He is also an excellent lawyer and maintains his sense of humor in the process.” Speaking of humor, this article cannot conclude without mentioning how much Mark loves to laugh. He is usually the first one to start laughing in any conversation. He quickly puts people at ease, uses humor to douse blue spirits and sets the tone for a working environment that
is casual, honest, warm, and friendly. Mark has recently been named the Managing Partner of his law firm, Gruber Elrod Johansen Hail Shank. According to partner and longtime collaborator and friend, Mike Gruber, “Mark is always calm in a crisis. He accepts, emergencies and crises are the norm and he calmly works through it. Mark is also the ‘glueguy’—the guy in the center that gets things moving forward. And, he is the best cat-herder I have ever seen.” Mike closes by saying, “It is perfectly appropriate that Mark Shank is a barefoot water skier. A lot of lawyers at other firms think their partners walk on water, but I actually have the pictures to prove HN it.”
Is the 2016 DBA Trial Academy a Good Fit for You? • • • •
Hands-on trial skills training program/CLE For solo or small firm lawyers with a civil or criminal practice For lawyers licensed five years or less Combines lectures and demonstrations by seasoned attorneys and live exercises by participants
For more information or to apply, please contact Alicia Hernandez at ahernandez@dallasbar.org.
Volunteer to judge a High School Mock Trial State Competition, contact mgarcia@dallasbar.org. Volunteer to build a Habitat House, contact al@textrial.com, dfisk@krcl.com or eminshull@wickphillips.com. Participate in mentor2.0, contact whall@bbbstx.org. Tutor a Child Confined to the Henry Wade Juvenile Justice Center, contact ahernandez@dallasbar.org. Volunteer to help at a Dallas Volunteer Attorney Program free legal clinic, contact reed-brownc@lanwt.org. Mentor a Child Impacted by Incarceration, contact Wendell Hall at whall@bbbstx.org. Speak to a Community or Civic Group on a Law-Related Topic, contact mjohnson@dallasbar.org.
Take out an Area of Practice and/or Foreign Language Proficiency listing in the 2016 DBA Member Directory to get great exposure for your practice. For just $25 per listing you will be included in both the printed and online DBA Member directory. Deadline: April 1, 2016 | Listing cost:
$25.00
For more information and an order form contact Judi Smalling at jsmalling@dallasbar.org or (214) 220-7452.
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D al l as Bar A ssoci ati on l Headnotes 13
Energy/Environmental Law
Application of Securities Laws to Oil & Gas Interests BY CHAUNCEY LANE
Oil and gas industry participants regularly purchase and sell oil and gas leasehold interests. These transactions are deemed basic to sophisticated individuals, but they are complicated, regulated by state securities laws, and laden with issues. Chief among these issues is whether the interest is a “security.” If the interest is a security, the purchase and sale of the interest may require registration under state law. Section 7 of the Texas Securities Act (Texas Act) prohibits the offer and sale of a security unless the issuer has registered the security with the Texas State Securities Board (TSSB) or the security satisfies an exemption from the registration requirement. The Texas Act defines “security” to include, in relevant part, a certificate or any instrument representing any interest in or under an oil, gas or mining lease, fee or title. Section 5 of the Texas Act and TSSB rules provide several exemptions from the registration requirement of Section 7. Though an issuer need only satisfy one exemption, it is possible to rely on multiple exemptions in the alternative and, in some instances, combine multiple exemptions. One such exemption is TSSB Rule 109.14(d) for offers and sales made to persons in the oil and gas industry. Under this exemption offers, payments, and sales of any interest in or under an oil, gas, or mining lease, fee, or title are
exempt from registration if the owner, or the owner’s agent, has reasonable cause to believe that the purchaser is engaged in the business of exploring for or producing oil, gas, or other minerals as an ongoing business. The exemption applies to and includes sales at auction. Further, offers and sales made pursuant to this exemption are exempt from the broker-dealer registration requirement of Section 12 and Section 18 of the Texas Act. Section 5(Q) of the Texas Act provides another exemption for oil and gas interests. Under the Section 5(Q) exemption, offers and sales of mineral interests are exempt from the Section 7 registration requirement if such offers and sales (1) are not made to more than 35 purchasers within a period of twelve consecutive months; (2) do not involve the use of advertisement or public solicitation; and (3) are sold by the owner of the interest or an agent of the owner who is a licensed broker-dealer in Texas. An offer or sale of a security does not involve advertising if there is (1) limited printing of material; (2) controlled distribution of the information by the issuer or its agent; and (3) limited distribution of the material to persons the issuer or its agent has cause to believe and does believe are sophisticated investors. An offer and sale of securities does not involve the use of public solicitation if the issuer, after having made a reasonable factual inquiry, has reasonable cause to believe, and does believe,
Nuts & Bolts of Probate Administration Monday, March 28, 11:30 a.m.-1:30 p.m. at Belo The Mastery of Probate from Appointment as Administrator to the Closing of the Estate Speakers: Hon. Brenda Hull Thompson, Jack Wilburn II and Jeff Wolff MCLE 2.00, Ethics 0.50 To register, or for more information, contact reed-brownc@lanwt.org. Sponsored by DVAP, DBA Probate, Trusts & Estates Law Section, and Dallas County Probate Court
that the purchasers of the securities are sophisticated, well-informed investors and such purchasers acquire the securities as ultimate purchasers and not as underwriters or conduits to other subsequent purchasers. Although the 5(Q) exemption limits the maximum number of purchasers to 35, the TSSB rules permit combining the 5(Q) exemption with the Rule 109.14(d) exemption previously discussed, which provides for an unlimited number of sales to persons in the business of exploring for or producing oil or gas. Through the combination of these exemptions, the Texas Act and the TSSB permits an issuer to sell to a maximum of 35 persons who are not in the business of exploring for oil or gas in addition to an unlimited number of persons who are in the oil and gas business. In addition to the two exemptions
discussed here, there are a number of other exemptions available under the Texas Act for the purchase and sale of oil and gas interests, including exemptions tailored specifically for auctions. Though oil and gas leasehold interests fall within the express definition of “security” under the Texas Act and are therefore subject to the registration requirement, it is possible to satisfy a number of exemptions from the Act’s registration requirement. Many of the exemptions provided in the Texas Act are self-executing—the issuer is not required to make a filing with the state to avail itself of the exemption—and may be combined with each other as necessary to form a complete exemption HN for the proposed transaction. Chauncey Lane is an Associate at Husch Blackwell and may be reached at chauncey.lane@huschblackwell.com.
Do You Want to Refresh Your Spanish? Spanish for Lawyers is the Answer! 10-Week Course Summer 2016 | $180 April 6-June 16, 2016 All courses are a continuation of spring semester. For more information, contact Yedenia Hinojos at yhinojos@dallasbar.org or (214) 220-7447.
14 H e a d n o t e s l D a l l a s B a r A s s ociation
March 2016
IF YOU HAVE NOT RENEWED YOU WILL BE DROPPED MARCH 4
1. Over 400 FREE CLE courses offered each year! Our 29 substantive law Sections present cutting edge CLE programs. Members meet monthly at Belo during lunch or in the evening. 2. DBA Headnotes monthly publication is full of substantive legal articles and weekly Dallas Bar Online e-newsletter lists upcoming CLE programs and events. 3. Lawyer Referral Service panel is a great way to get connected with citizens who need legal help. 4. Get involved with various DBA Mentoring Programs that pair new lawyers with seasoned attorneys.
5. Post job openings, search resumes and jobs through our online DBA Career Center. Sign up on DBA website. 6. If you are accepting credit cards, trust your transactions to LawPay. DBA members can save up to 25% off credit card processing fees. For more information, call (866) 376-0950 or visit www.lawpay.com/dallasbar. 7. You will be included in the DBA Pictorial Directory available in print and online to all DBA members. 8. Take advantage of ABA Publication Discounts as a DBA member. For a list of titles or to place an order, visit www.abanet.org/abastore.
9. The Dallas Volunteer Attorney Program offers lawyers Pro Bono Opportunities to assist low-income residents through clinics, and provides free CLE training seminars. 10. DBA Committee Membership is a great way to perform community service and/or participate in the legal community. 11. Participate in social activities for great Networking Opportunities with lawyers from all areas of practice.
12. Discounts on Texas Rangers and Dallas Mavericks tickets available to all DBA members. 13. DBA members receive Clothing Discounts on Brooks Brothers and JoS. A. Bank clothing. For discount codes, send request to membership@dallasbar.org. 14. Members receive Hotel Discounts at many La Quinta Inns & Suites. Visit DBA website for more details. 15. Discounted Health Club Memberships are available at TELOS Fitness Center and The Texas Club. 16. DBA Members may rent the Belo Mansion for an event or special occasion or bring a guest to the daily buffet lunch.
Questions? Contact Kim Watson, Membership Director at (214) 220-7414 or kwatson@dallasbar.org
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D al l as Bar A ssoci ati on l Headnotes 15
Energy/Environmental Law
New Law Shortens Big Stick of Local Governments BY JEAN M. FLORES AND JAMES D. PAYNE
Local governments have long been allowed by the Texas Water Code to bring lawsuits for civil penalties against those who violated Texas’ environmental laws, essentially standing in the shoes of the state. However, environmental enforcement dramatically changed in the last several years with local governments seeking millions of dollars in civil penalties against polluters and owners of contaminated sites. For example, Harris County brought a $173 million civil penalty case against a dry cleaner and the owners of a shopping center. The penalties sought by local governments are often much higher than the penalties that would have been sought by the Texas Commission on Environmental Quality (TCEQ). As a result of such lawsuits, there has been an outcry from the business community that the punishment (penalties sought) does not fit the crime (alleged violations). The 84th Texas Legislature amended the Water Code to limit civil penalty cases brought by local governments. Section 7.351 of the Water Code grants enforcement authority to local governments that is concurrent with that of the TCEQ. Texas Register public notices for case resolutions reveals healthy use of section 7.351 by counties in the last several years. To date, the big kahuna of settlements occurred in a case brought by Harris County against McGinnes Industrial and others seeking penalties for discharge of paper mill waste into the San Jacinto River. At trial, two defendants settled for approximately $29 million. Of that amount, the state and Harris County
equally split $20 million, and the attorneys received $9 million. The maximum penalty that may be sought in a section 7.351 case is $25,000 per violation per day the violation exists. Statutory maximum penalties are not the typical end result in most cases. Harris County, the clear leader in bringing section 7.351 cases, has averaged $61,000 in penalties per case overall if the outliers, like McGinnes, are excluded. Smaller counties, such as Ector and Hunt, have dramatically smaller average recoveries of less than $10,000 per case. The 84th Texas Legislature addressed concerns that the extremely high amount of civil penalties being sought by counties “pose[d] a grave threat to the fairness of Texas’ environmental enforcement system and, in the long run, Texas’ economic competitiveness.” Accordingly, the legislature amended section 7.107 of the Water Code so that the first $4.3 million of the amount recovered is divided equally between the state and the local government. Any amount recovered in excess of $4.3 million is awarded to the state. A local government’s recovery of civil penalties in a section 7.351 case is now capped at $2.15 million. This cap likely will be a disincentive to counties hiring outside counsel, often on a contingency fee basis, to bring section 7.351 cases. Section 7.359 was added requiring the trier of fact to consider the same factors in assessing a penalty that the TCEQ considers. This includes factors that could cause a trier of fact to award only minimal amounts such as lack of previous violations, degree of culpability, and good faith actions in rectifying violations. With-
Professionalism in the Legal Profession CLE Program Friday, March 18, Noon at Belo | MCLE 1.00 Speakers: Jerry Alexander, Hon. Jane Boyle, Hon. Doug Lang, and Pat Long • Features good and bad attorney behavior and tips on how to manage unprofessional conduct from other lawyers. • The presentation will use video and audio clips of conduct and the program will address unprofessional behavior in litigation and transactional practice.
Professionalism Tip I will be considerate of the time constraints and pressures imposed upon the Court, Court staff and counsel in efforts to administer justice and resolve disputes. Excerpt from the Texas Lawyers Creed
Find the complete Creed online at http://txbf.org/texas-lawyers-creed/.
out such exculpatory factors to consider, a trier of fact could more easily be convinced to award maximum civil penalties. Finally, new section 7.360 establishes a five year statute of limitations for section 7.351 cases. Suit must be brought no later than the fifth anniversary of the earlier of the date the violator (1) notifies the TCEQ in writing of the violation, or (2) receives a notice of enforcement from the TCEQ. In most cases, this statute of limitations eventually will have the effect of limiting local governments to seeking civil penalties for only five years of a continued violation. The foregoing changes in the law apply to violations that occur on or after September 1, 2015. Violations that occurred before the effective date are governed by the law in effect on the date the violation
occurred. It is currently unclear how cases will be handled involving violations that began before September 1, 2015 but that continue after that date. Even with the recent legislation, section 7.351 probably will remain viable as a revenue source for local governments and as a method to curb environmental violations despite the fact that the chance for a local government to win a Powerball lottery will be over. For the time being, however, there are still many potential section 7.351 cases which will be governed by old law because the violations at issue occurred HN before September 1, 2015. Jean M. Flores is a founding shareholder at Guida, Slavich & Flores, P.C. James D. Payne is a shareholder at the firm. Ms. Flores and Mr. Payne may be reached at flores@gsfpc.com and payne@gsfpc. com, respectively.
Wondering What’s for Lunch? Join the Belo Mansion mailing list to receive the daily lunch menu.
16 H e a d n o t e s l D a l l a s B a r A s s ociation
March 2016
DBA Presents the 24th Annual MLK Justice Award The Dallas Bar Association’s Martin Luther King, Jr. Justice Award is presented to local leaders whose lives and practice exemplify the principles embodied by Dr. King’s leadership. This year’s award was presented to Dr. Michael J. Sorrell, President of Paul Quinn College. The luncheon on Monday, January 18, marked the DBA’s 24th Justice Award presentation.
Make an Investment in Dallas Hire a DISD Summer Intern! Lend your support in 2016 to making a better workforce in Dallas. Hiring an intern provides the training and mentoring needed to close the workforce skills gap and bridge the opportunity divide. Part-time or Full-time-4-wks or 8-wks available!
www.dallasbar.org/summerlawinternprogram To sign up, contact kzack@dallasbar.org
DVAP’s Finest Anjulie Ponce
Anjulie Ponce is an attorney with Powers Taylor LLP, where she focuses her practice on personal injury and product liability cases. During her years of volunteering with DVAP, she has interviewed applicants at the South Dallas Legal Clinic, and also helped coordinate volunteer attorneys and organize a DVAP Clinic in the Vickery Meadows Community. She has taken several family law cases through DVAP, and served as a Co-Chair of the DBA Pro Bono Activities Committee. Thank you for all you do, Anjulie!
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 17
Energy/Environmental Law
Protecting Oil & Gas Royalties in the Event of Bankruptcy BY CLIFTON A. SQUIBB AND J. MACHIR STULL
In the prevailing low-price environment in the energy industry, many financially distressed exploration and production companies have filed or may soon file for bankruptcy protection. As various parties rush to assert their rights, owners of mineral and royalty interests should not overlook the fact that they are often creditors too. Because bankruptcy may interrupt a royalty stream, owners of mineral and royalty interests should remain vigilant and understand their rights in bankruptcy. Outlined below is a brief primer on what to expect in the event of a bankruptcy, as well as basic steps royalty owners can take to protect their interests.
Notice Due to Royalty Owners It is not uncommon for a company seeking bankruptcy protection to be behind on royalty payments. Accordingly, royalty owners sometimes find themselves among the largest groups of creditors. They will typically receive a notice of bankruptcy upon the filing of a new case, which will outline some of the basic facts about the bankruptcy, including (a) the name and address of the debtor, (b) whether the case has been filed under chapter 7 (liquidation) or chapter 11 (reorganization), (c) the date and time for the debtor to meet with creditors (a “341 meeting”), and (d) the deadline for creditors to file proofs of claim. While it is often not necessary for royalty owners to attend a 341 meeting, they should make note of the proof of claim deadline— particularly if there are outstanding royalty payments. Due to title issues, administrative errors, or other factors, the scheduled debts
filed by the debtor may understate or mischaracterize royalty creditors’ claims. Even though debtors often seek authority to pay pre-petition royalties early in a case, it may be wise to confer with an attorney about filing proofs of claim just to be safe and to ensure royalties are paid in proper amounts. Nevertheless, it is possible that royalty owners may not receive notice of a bankruptcy filing. For that reason, it is wise to remain aware of news in the marketplace and immediately investigate any missed royalty payments.
Rejecting Mineral Leases The bankruptcy process provides extraordinary remedies to debtor companies. Among the most powerful is the right to reject certain contracts and leases. In Texas, however, state law holds that mineral leases grant ownership rights such that they are not actually leases as the name implies. Therefore debtor companies will be unable to reject mineral leases in Texas. (But note, state law determines rights conveyed by mineral leases, so not all states have reached the same conclusion as Texas.) Even so, the majority of other oil and gas instruments, such as operating agreements and development agreements, will typically be found to be executory and subject to rejection in bankruptcy.
Royalty Creditors’ Secured Status Although mineral leases convey real property interests in Texas, once production occurs, the legal nature of oil and gas shifts from real to personal property. Therefore, a royalty owner is a creditor against the bankruptcy estate with respect to unpaid royalty on produced minerals, and a credi-
NEW LAWYERS! Learn More About the Transition to Law Practice Program All new lawyers interested in having an experienced mentor to guide them in the practice of law should contact ahernandez@dallasbar.org for more information. Don’t Miss Out on This Valuable Opportunity! www.dallasbar.org/transitiontolawprogram
tor’s secured status is largely determined by application of one or more states’ adaptations of the Uniform Commercial Code. Texas and many other energy-producing states provide statutory protections for royalty owners. Section 9.343 of the Texas Business & Commerce Code states that a royalty creditor has a security interest to secure the obligations of the first purchaser of production to pay the purchase price. The “first purchaser” includes an operator who, by agreement with a third-party purchaser, collects production proceeds from the purchaser and distributes those proceeds to royalty owners. Provided the royalty interest is evidenced by a deed, lease, or other instrument recorded in the real-property records, no financing statement is required, and the security interest is perfected automatically. A 9.343 security interest is given the prioritized status of a purchase-money security interest and extends not only to oil and gas production but also to the identifiable proceeds of that production. Although the statute clearly favors royalty creditors, some
commentators dispute that security interests continue in cash proceeds that have been transferred to bona-fide purchasers. The security interest may also be less effective when cash proceeds are commingled. Depending on the circumstances, security interests under Section 9.343 and similar statutes in other jurisdictions may provide royalty claimants some protection. But under the holding in In re SemCrude, L.P., 407 B.R. 112 (Bankr. D. Del. 2009), if choice-of-law principles require applying laws of states without such non-uniform provisions, the royalty creditor is less fortunate. Accordingly, a royalty owner may want to proactively file financing statements in other jurisdictions, even if doing so does not entitle the owner to the protecHN tion afforded under Texas law. Clifton A. Squibb is a founding partner at Hamilton & Squibb, LLP and can be reached at csquibb@hamiltonsquibb.com. J. Machir Stull is an attorney at Gruber Elrod Johansen Hail Shank LLP and can be reached at machir.stull@gmail.com.
Support the DBA Home Project
Habitat House $80,000
Help us reach our goal of $80,000 to build our 25th house for Habitat for Humanity.
$60,000
For more information, log on to www.facebook.com/DBAHomeProject or contact Co-Chairs David Fisk (dfisk@krcl.com) or Ethan Minshull (eminshull@wickphillips.com).
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T E X A S L AW Y E R ’ S
Directory of
Corporate Counsel 2016 Edition
A multi-office national law firm is seeking Attorneys for its Dallas Office. Litigation department is looking for Attorneys in the following areas: Professional Liability Defense, General Liability, Workers Compensation Defense, Construction, and Employment Liability Defense. Corporate Law, Commercial Litigation and Financial Services departments are looking for Attorneys with experience handling securities and broker dealer matters, international and domestic taxation, bankruptcy, real estate, intellectual property, international law, corporate structure, asset protection, land use, and mergers and acquisitions. Portable book of business is a plus. Also seeking 1-4 year Associates. Email resume to RESUME@QPWBLAW.com
Order your copy today. www.TexasLawyerBooks.com
18 H e a d n o t e s l D a l l a s B a r A s s ociation
In the News
March 2016
March
FROM THE DAIS
William (Trey) R. Cousins, III, of Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P., spoke for the San Angelo Chapter of the Texas Society of CPAs. Jason B. Freeman spoke at the 2016 Texas Society of CPAs Mid-Year Board Meeting in El Paso, TX. Michael A. Villa, Jr. spoke at the American Bar Association 2016 Midyear Meeting. Kenneth G. Raggio, of Raggio & Raggio, presented a program to the National CLE Conference in Vail, Colorado.
KUDOS
Joe Steinberg, of Holland & Knight LLP, has been promoted to Partner.
Sonya Denise Hoskins, of Robinson & Hoskins, LLP, has received membership to the Texas Bar College. David F. Wishnew, of Gruber Elrod Johansen Hail Shank LLP, has been named Partner. Dwayne C. Norton, of Chen Malin LLP, has been named Partner. Mark M. Sloan, of Thompson & Knight LLP, has been elected Managing Partner. Nicole Williams, of the firm, has been appointed a Member of the Dallas Judicial Nomination Commission. Paula Bennett, of Orsinger, Nelson, Downing & Anderson, LLP, has earned Board Certification in Family Law by the Texas Board of Legal Specialization.
LAST CHANCE FOR A NEW DIRECTORY PHOTO! If your DBA directory photo is older than the Internet, just a few years dated, or if you have never had a directory photo, now is the time to have a photo taken—at no charge!
Joel N. Crouch, of Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P., has been elected Managing Partner. Anthony Daddino, of the firm, has been elected to the firm’s management committee. Justice Elizabeth Lang-Miers, of the 5th District Court of Appeals of Texas, will receive the Citation of Merit from her law school, the University of Missouri School of Law. Michael B. Allen, Ryan S. Foster and Jason T. Rodriguez, of Higier Allen & Lautin, P.C., have been elected Shareholders.
Before
AŌer
There are two upcoming directory photo sessions to have your photo updated for the 2016 Membership Directory:
The photo session is FREE, it takes 5 minutes and no appointment is required. Photos for personal use may be purchased from the photographer. If you already have a photo that you would like to use for the directory, please contact Judi Smalling at jsmalling@dallasbar.org or (214) 220-7452.
DBA Entertainment Committee & the Dallas Stars present Law on Ice II: “Internal Governance of Legal Matters in Sports” Ethics 1.00 Thursday, March 17, 5:15 p.m., American Airlines Center Speakers: Jim Lites, Stars President, CEO and Alternate Governor Alana Newhook, Stars Vice President and General Counsel Visit www.dallasstars.com/cle and enter the code ETHICS to reserve your spot Plaza (lower level) = $70 Terrace (upper level) = $35
‘Bar None’ Auditions Tuesday, April 5 ~ 5:30 to 7 p.m. ~ Belo Mansion Auditions for Bar None XXXI: Straight Outta Uptown: The World’s Most Dangerous Lawyers, will take place April 5 at Belo! All who audition will be cast. The Bar None show, to be held at the Greer Garson Theater June 15-18, benefits the Sarah T. Hughes Diversity Scholarships.
Faith Eaton has joined Rose•Walker LLP. Joyce Mazero has joined Gardere Wynne Sewell LLP as Partner. Pamela B. Sieja has joined Thiebaud Remington Thornton Bailey LLP as Associate. Ken Kula has joined Buether Joe & Carpenter, LLC as Senior Counsel. Mark C. Howland and Samuel E. Joyner have joined Carrington, Coleman, Sloman & Blumenthal, LLP as Partners.
ON THE MOVE
Priya Patel and Sabena S. Talati have joined Chamblee, Ryan, Kershaw & Anderson, PC as Associate and Senior Associate, respectively. Elaine T. Lenahan has joined Lenahan Law, PLLC as Partner. Diana S. Friedman and Lerrin B. Goldberg have joined Goranson Bain as Partner and Associate, respectively.
John Mitchell and David Parham have joined Akerman LLP as partners.
Lauren Harris has joined Cutler-Smith, PC as Associate. Shain Khoshbin has joined Munck Wilson Mandala, LLP as Partner.
Travis E. Schwaer has joined Guggenheim Partners, LLC as Senior Vice President and General Counsel. Sanford “Sandy” Brown and Michael Tankersley have joined Alston & Bird LLP as Partners. Kristen Cunningham and Patrick Hanchey both joined as Counsel, and Lauren Chase has joined as Associate. News items regarding current members of the Dallas Bar Association are included in Headnotes as space permits. Please send your announcements to Judi Smalling at jsmalling@ dallasbar.org.
Landlord/Tenant Law: A Primer for the Volunteer Attorney Tuesday, March 22, Noon at Belo Speaker: MaryAnne D’Aniello | MCLE 1.00 To register, or for more information, contact vallejod@lanwt.org. Sponsored by DVAP
ABA Publication Discount For DBA Members Dallas Bar members can purchase ABA books at a 15% discounted rate. For a complete list of titles or to place an order, visit www. ababooks.org. Enter code “PAB7EDBA” upon checkout and the 15% discount will be automatically applied to your order. Discount does not apply to ABA-CLE iPod products. For assistance, call (312) 988-6112. Last chance for a new directory photo! There are two upcoming photo sessions available to have your photo updated for the 2016 DBA Directory.
i Wednesday, March 9: 9 a.m. to 3 p.m. at Belo i Friday, March 11: 11 a.m. to 1:30 p.m. at the
North Dallas Clinic (5420 LBJ Frwy, Ste. 240)
Choreographers Also Needed. Contact Rhonda Hunter at rfhunter@hotmail.com. Questions? Contact Bar None’s Director,
It’s FREE and only takes 5 minutes! No reservation necessary. Photos may also be purchased for personal use.
Martha Hardwick Hofmeister, at (214) 780-1400 or martha@marthasnet.com.
If you have questions please contact Judi Smalling at jsmalling@dallasbar.org or (214) 220-7452.
M arc h 2 0 1 6
Classifieds
D al l as Bar A ssoci ati on l Headnotes 19
March
EXPERT WITNESS
Economic Damages Experts - Thomas Roney has more than twenty five 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, business valuation, credit damage and divorce matters. Mr. Roney and his experienced team of economic, accounting and finance 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 in Dallas/Fort Worth (214) 6659458 or Houston (713) 513-7113. troney@ thomasroneyllc.com. “We Count.” Economic Damages Experts – HSNO is the Forensics Firm. The Dallas office of HSNO has five CPA testifying experts who specialize in the calculation of economic damages in areas such as commercial lost profits, personal lost earnings, business valuations, property damage, insurance litigation, intellectual properties, commercial litigation, contract disputes, bankruptcy, and fraud. HSNO is qualified in most industries including, but not limited to, energy (offshore and onshore), manufacturing, hospitality, service, insurance, transportation, entertainment, product liability, construction and construction. HSNO has 17 U.S. offices and offices in London and Mexico. Contact Peter Hagen or Karl Weisheit at (972) 980-5060 or wwwHSNO.com. Mexican Law Expert - Attorney, former law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues: FNC motions, Mexican claims/defenses, personal injury, moral damages, contract law, corporations. Co-author, leading treatise in field. J.D., Harvard Law. David Lopez, (210) 2229494. dlopez@pulmanlaw.com
FOR SALE
Office Furniture for Sale: 6’and 8’ Conference tables with inlaid leather, with chairs; Kittinger desk and credenza; credenza with bookcase; copier; miscellaneous tables and chairs; contact Nancy (214) 742-1701.
OFFICE SPACE
Walnut Glen Tower (Walnut Hill/Central). Great Deal! Terrific offices in Class A building near NorthPark with views of downtown over lake with fountains. Convenient access to DART station. Prized, central location wherever you need to go in the Metroplex. Do business in a relaxed yet professional environment which includes administrative stations, conference room, kitchen, copier, phones, reserved garage parking, on-site restaurant and other amenities. A larger executive office and/or smaller offices/flex space for as little as $500/month. Why not have a professional location for your business and quality of life at work? Please call (214) 373-0404 for details. Turtle Creek Blvd-Upscale law firm has class A office space available with highend decor. Located at 3811 Turtle Creek, high floor, Office is 240 sq. ft., and rents for $1600.00 a month. Garage Parking, gym, and access to conference room available. Please inquire to Heather at hwoodard@baronandblue.com. North Dallas - LBJ Freeway. Law Firm – North Dallas - For Lease: Professional office space, 7616 LBJ Freeway, offers conference room, receptionist, Internet service, lobby kitchen, parking. Available 12.15.2015. Email Amy at arobinson@ englishpllc.com or (214) 528-4300. North Dallas AV Rated law firm has 3 attorney offices for lease with covered parking. We provide reception, telephones, Internet service, conference rooms and
copier/fax machine. Available January 1, 2016, $2500.00 per month per office. For additional information please send e-mail to Biott@legaladministrator.net. For lease Heart of Bishop Arts in Dallas: Historic building 2 floor brick gem about 2300 sf. Former 4 plex apartment building with parking! Perfect for small firm. Walk to great eating and drinking in Bishop Arts. Short drive to Courthouse. New trolley from downtown! 301 W 8th St. For details Mark Mordecai (972) 5232031 mark@sqft.net Uptown Dallas. 1200 square foot four office suite with conference room and reception area in well maintained small office building one block from Crescent with high ceilings, wood floors, large windows and other amenities. Contact Owner @ (214)8550127 or jackcirwin@earthlink.net. Office with secretarial area available at 4054 McKinney Avenue. Shared conference room, break room, copier, fax, DSL & phone equipment are available if needed. No long term commitment and a monthly rate of $850.00 for the furnished or unfurnished large office and $300.00 for the furnished secretarial office. Call (214) 520-0600 Uptown Office Space – corner of Central Exp. and Lee. Included with office – Receptionist, Reception area, Copier, Fax, Updated fiber optics, Free Parking, Conference Room, Break Room and use of 2 Kitchens, 24 Hour Access and Security System. Up to 4 offices available immediately – Call Rosa at (214) 6969253 for information and appointments. Referral Arrangements with 15 Attorneys in the building. North Dallas/Farmers Branch - Law firm has several offices for lease. $400/month. Includes use of furniture, Internet, fax, parking, conference rooms, and kitchen. Convenient location. No lease required. Please contact Ilene Smoger at (972) 243-5297 or ilene@texasinjurylaw.com. Excellent Oak Lawn location, 2501 Oak Lawn, 3rd floor. 2 offices available for rent. Interior; 15’ x 11’ 2” and exterior; 15’ x 9’ 8”. Interior $1,000.00 a month. Exterior window office $1,250.00 a month. Rent includes, phones, Internet, copies, secure underground parking, access to a conference room and kitchen. Email charles@waterburylawpc.com or call (214) 630-4554. Downtown Dallas Rolex building single office with desk & chair available with shared furnished conference & break room. Copier, fax, DSL, phone, and garage parking for fee if needed. No long term commitment. $1,200/month. Email Cassie at cevans@apogeefund.com. Ready To Practice Law “Like A Boss”? No Law Firm Required. Independent business attorneys and litigators need a professional, secure place to work, meet clients, and network - NOT just another executive suite, sublease, home office or coffee shop. VENUE is a “working clubhouse” built BY attorneys, exclusively FOR attorneys. Occupying two top floors in a landmark downtown building, VENUE provides the resources, training and support attorneys need to launch their firms and accelerate their practices. In addition to workspaces and offices, VENUE members will have access to: 30+ hours CLE & management/ development training annually, exclusive networking & social events, and an elite network of 100+ local partner-level peers. VENUE is the “Practice of Law Made Perfect.” For info or to schedule a tour: www. attorneyvenue.com. Addison A/V Rated law firm with great location at Belt Line and Dallas North Tollway has two, adjacent offices and secretary bay for lease. One office is partner-size, and one is partner/associate size. Offices come with telephone service and receptionist, use of conference rooms
and kitchen area, work/copy room, some additional storage, covered parking and Wi-Fi. Kelly@crb-law.com. Galleria Tower – Law firm has a window office available immediately, in a newly renovated space. Amenities include: access to law library, large and small conference rooms, kitchen, copy room, high speed color copier, phone, phone service, Internet, and file room. Free garage parking and 24/7 access. For additional information, please call Diana at (972) 9344110 or Diana@travislaw.com. Uptown Office Space - corner of Lemmon and Oak Lawn. 4,429 square feet of office space for office sharing OR full sublease opportunity. Included with the office - Updated fiber optics, free parking, 2 conference rooms, kitchen, 24-hour building access and security. Please contact Melina Ethridge at melina@karenturnerlaw.com or by phone at (214) 780-0646. North Dallas - Lincoln Centre. Law firm located at Lincoln Centre has one partner size office and cubicle available. Located at LBJ and the Tollway; two conference rooms; break room/kitchen; copier; Email: dallasipfirm@gmail.com for more information. Transactional law firm of 5 attorneys in Uptown has 4 extra window offices for sublease to one or more attorneys. Preference is for real estate, corporate, tax or estate planning practices. Rent is negotiable, depending on tenant needs. Apply and send resume to: Dallas Bar Association, Box 16-3, 2101 Ross Ave., Dallas, TX 75201.
OFFICE SPACE WANTED
North Dallas AV Rated law firm is looking for law firm office space in the North Dallas area. We need 2 attorney offices and one paralegal office. Willing to share reception duties and some office expenses. We would like a March 1, 2016 move in date. For additional information please send e-mail to Biott@legaladministrator.net.
POSITIONS AVAILABLE
Family Law - Staff Attorney. Genesis Women’s Shelter and Support seeks staff attorney who has solo practice experience addressing a wide variety of services while working on cases involving family violence. Must have minimum of 3 years direct family law experience including divorce, protective orders, and custody. Spanish speaking preferred. Send resume, references, and salary requirements by email to resume@genesisshelter.org. Civil Litigation Attorney. Business litigation firm in Turtle Creek seeks attorney with 5-10 years civil litigation experience. Strong academic record and writing skills required. Salary negotiable. Send cover letter and resume in confidence to oaklawnfirm@aol.com. Need 3-5 years’ experience business litigation associate in downtown Dallas firm. Requirements: excellent academics, strong personality, prior experience in courtroom and taking depositions. Writing sample required. Resumes to employment@GodwinLaw.com. Expanding N. Dallas based law firm with offices in other states, seeks one or more experienced attorneys with either litigation or transactional experience for immediate opening. Shareholder level opportunity for the right candidate (including the requirement of verified portable book of business). Please reply confidentially to P.O. Box 795219, Dallas, Texas, 75379-5219. Civil Litigation Attorney. Business litigation firm in downtown Dallas seeks attorney with 5-10 years civil litigation experience. Strong academic record and writing
skills required. Salary negotiable. Send cover letter and resume in confidence to jhuth@cbsattorneys.com. Are you a Solo or Small Firm Lawyer looking to make life easier? Tired of practicing law and struggling to manage your business? We can help. Emmert & Parvin, LLP is a new firm seeking the addition of an attorney with established practices in family law and commercial litigation. Our compensation formula requires no billable hours, allows you to set your own schedule, work from anywhere and we handle all firm administration. Dynamic environment, beautiful downtown offices and excellent client service. Contact Chris Parvin at chris@ emmertparvin.com for more information. Job Title: Manager – Litigation Department. Location: Dallas Office. Reports To: Administrative Attorney. Seeking a dynamic, highly organized Litigation Manager to join our management team in the representation of governmental entities in the collection of government delinquent receivables, primarily in the area of property tax. The individual will manage a staff of 20 paralegal and litigation support. They will be an experienced paralegal, familiar with real estate or tax litigation, and have excellent management, organizational, communication, writing, and personal computer skills. Minimum job requirements: A minimum of 3-5 years of management experience with excellent paralegal, collection and customer service skills. Background in real estate, tax or governmental law. Working knowledge of Texas Property Tax Code and Civil Procedures. Interested Applicants please send resume, salary history, and (3) references to henryetta.oneal@lgbs.com. Legal Aid of NorthWest Texas (“LANWT”) currently has various openings throughout its firm at various locations. We are a Section 501(c)(3) nonprofit Texas Corporation. LANWT provides free civil legal services to eligible low-income residents in 114 Texas Counties. If you are interested in joining a great team that offers you the opportunity to rapidly develop litigation skills in court, a generous health benefits package, and the ability to be of service to others, we encourage you to visit LANWT’s career site at www.lanwt.org.
SERVICES
Immediate Cash Paid For Diamonds and Estate Jewelry. Buying all types of jewelry and high end watches. Consignment terms available @ 10-20 % over cash. For consultation and offers please call J. Patrick (214) 739-0089. Trial Preparation Stress Relief: Licensed litigation attorney (20 years) available for hourly projects: court appearances, trial preparation, drafting pleadings/discovery/ motions, attending depositions, mediations. Large firm and complex litigation experience, first and second chair trials and arbitrations, law review. (972) 665-9834. Energy Acquisition(s): I buy any size royalty(ies), mineral(s) , working interest(s) and try to reach (and pay) the sellers asking price. I am a licensed attorney and have been making oil and gas purchases for 35 +/- years. E-mail to bleitch@prodigy.net or call Brenda at 1-800760-9890 or (214) 720-9890 for a friendly and quick analysis and response. Credentialed Forensic Genealogist & Attorney – hire an experienced attorney and credentialed forensic genealogist to ethically find next of kin and missing heirs for intestacy, probate, guardianship, property issues, and more. Reasonable hourly rate. See www.ProfessionalAncestryResearch. com. Wanda Smith, (972) 836-9091. To place an affordable classified ad here, contact Judi Smalling at (214) 220-7452 or email jsmalling@dallasbar.org.
20 H e a d n o t e s l D a l l a s B a r A s s ociation
March 2016