Dallas Bar Association
HEADNOTES
Focus Antitrust & Trade/Government Law
June 2014 Volume 39 Number 6
Focus
Law Day Luncheon
Antitrust & Trade/Government Law
How Governments Can Prevent Their Own HealthCare.Gov Debacle by Eileen Youens
On May 2, local judiciary and attorneys attended the 2014 Law Day Luncheon at which Hon. Jennifer Walker Elrod, of the U.S. Court of Appeals for the Fifth Circuit, served as the keynote speaker. In addition to awards presented to the winners of the Law Day Dallas ISD art and essay contests, the Dallas Association of Young Lawyers presented awards for Outstanding Mentor, Outstanding Young Lawyer and the Liberty Bell Award.
Focus
The October 2013 launch of HealthCare.Gov has become the poster child for everything wrong with federal procurement of information technology (IT). Large IT projects are challenging to procure and manage for experienced private sector companies. These projects are even more challenging for government entities, which are constrained by additional laws and regulations. This article outlines the hurdles that governmental entities face when procuring and managing IT contracts, and suggests some ways that governmental entities can overcome the problems that led to the botched launch of HealthCare.Gov. Government contracts are regulated more heavily than private contracts because taxpayers want their tax dollars spent efficiently (paying as little as possible to get “just good enough” goods and services) and want the government contracting process to be fair. To ensure efficiency and fairness, statutes and regulations governing public pro-
curement (the process of obtaining goods or services for governmental entities) are written to foster competition, transparency, and costconsciousness (e.g., requiring public advertisement of contract opportunities). The procurement of IT is particularly challenging for two reasons. First, most governmental entities lack up-to-date IT knowledge and expertise. They cannot afford to employ IT experts, and the fast pace of change in IT makes it challenging for staff to stay current. This means that it is difficult for governmental entities to know what to ask for from IT vendors, to evaluate proposals from IT vendors, and to monitor IT contract performance. Second, it is difficult to write a solicitation— the document that tells potential vendors what the governmental entity is looking for—with enough detail to solicit proposals that can be compared fairly, but with enough flexibility to allow IT vendors to develop innovative proposals using the experience and knowledge that continued on page 13
Antitrust & Trade/Government Law
Look Out for Change at the Dallas Municipal Courthouse by Kimberly M. Gonzalez
Lawyers who do not specialize in criminal law may still find themselves at the Dallas Municipal Courthouse defending a class C misdemeanor like a speeding ticket. If you find yourself in that situation, you should know about changes to state laws, the local rules and even technology at the courthouse. The 2013 Legislature made changes to the Transportation Code and the Code of Criminal Procedure. Highlights of the changes follow, but for a more in-depth treatment of these changes, see the Texas Municipal Courts Education Center website (www.tmcec.com). Most of the changes were made to the Transportation Code. For the most part, the additions and changes either toughen existing laws or clarify enforcement provisions. Section 545.4252 of the Transportation Code creates a new distracted driving offense by expanding the area on school property where a driver cannot use a wireless communication device. Drivers on school property— at times when a reduced school zone speed
limit is in effect—cannot use a wireless device on any school property when not parked or stopped. This area includes a school parking lot and pick-up or drop-off areas even when there is no warning sign. One of the more notable changes in the Transportation Code was made to the section on child safety seat violations, which makes it more difficult for the driver to get a compliance dismissal. To convince a judge to dismiss the ticket, the defendant must show the court that: (1) the officer did not issue any other tickets during the same traffic stop; (2) the stop did not involve an accident; (3) the defendant purchased a child safety seat after the violation; and (4) the defendant did not own that child safety seat before the violation date. To strengthen enforcement for one violation, the Legislature corrected an error it made in 2011 when it inadvertently removed the penalty for driving without front and back license plates. The fine is now set at a maximum of $200. While most of the changes toughened the Code, the Legislature did help drivers avoid tickets in at least one area. While
proof of compliance is not permitted after a ticket, police officers may now accept electronic proof of insurance on a cell phone to show proof of financial responsibility. In addition to the Transportation Code changes, the Legislature also made changes to the Code of Criminal Procedure. These changes focus on a defendant’s rights. Whether you are defending a traffic ticket or a penal code violation like a misdemeanor class C assault, the law of discovery changed for violations after January 1, 2014. The Michael Morton Act, which essentially codifies an open files policy, applies to all criminal cases. The Local Rules require that a written request be filed at the City Attorney’s Office in the Municipal Courthouse and also filed with the Clerk. The request should be filed no later than 21 days prior to a hearing unless good cause is shown. The State is given 14 days prior to the hearing to respond. To protect a defendant’s right to counsel, a public trial, and other rights with a so-called “jail house plea,” a judge must grant a motion for a new trial if it is filed within 10 days after
Inside 5 Antitrust Basics for Transactional Lawyers 6 DBA Pro Bono Golf Tournament 11 Private Antitrust Actions: Important Considerations 13 The Federal Trade Commission at 100
a judge renders judgment and sentence. Even if you become familiar with the substantive law of your case, the local rules may catch you by surprise. The City of Dallas publishes the rules on the Dallas City Hall website. It might surprise you that a pre-trial hearing precedes every case, at least 21 days prior to trial. If you wish to save time and know your client wants to plead, you may want to handle the matter in the off-docket walk-in court. Perhaps the biggest changes at the Courthouse have nothing to do with the law. The building was remodeled to accommodate the University of North Texas Dallas College of Law. Pleas are now accepted and processed virtually paperless. (You will receive a paper copy for your client.) Some of the courtrooms have Elmos, and all of the courtrooms have projectors you can use with a computer with a VGA port. As in any court, a successful attorney uses the law and technology to his or her advan HN tage. Kimberly M. Gonzalez is an Assistant City Attorney and can be reached at kimberly.gonzalez@dallascityhall.com.
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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
Calendar
June Events
JUNE 6-BELO Noon
June 2014 Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
THURSDAY, JUNE 12
FRIDAY CLINICS
“Mergers & Acquisitions for Non-M&A Lawyers,” Andy Jenkins. (MCLE 1.00)* RSVP to kzack@dallasbar.org.
JUNE 13-NORTH DALLAS** Noon
“The Fifth Circuit’s Interpretation of Texas Title-Insurance Survey-Coverage Law and Its Real-World Implications,” J. Edwin Martin. (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 The Dallas Bar Foundation. RSVP to kzack@dallasbar.org.
JUNE 20-BELO Noon
“Ethics and Technology: Or, How Not to Commit Malpractice with Your Computer,” Tom Mighell. (Ethics 1.00)* RSVP to kzack@dallasbar.org.
MONDAY, JUNE 2 Noon
Tax Law Section “Navigating the Social Media Minefield,” Coyt Johnston. (Ethics 1.00)*
TUESDAY, JUNE 3 Noon
Appellate Law/Business Litigation/TIPS “Improve Your Writing,” Prof. Paul Hendrickson. (MCLE 2.00)*
Corporate Counsel Section “Class Certification on the Merits? Comcast v. Behrend One Year Later,” Eli Burriss and James R. Nelson. (MCLE 1.00)*
4:00 p.m. Family Violence: A Judicial Roundtable with the Dallas Judges Who Hear Civil Protective Order Requests (MCLE 1.00)*
“Tips for Dealing With the Difficult Lawyer,” Hon. Don Bush, Michele Smith, Paula Sweeney and Hon. Emily Tobolosky. (Ethics 1.00)*
FRIDAY, JUNE 6 Noon
Friday Clinic at Belo “Mergers & Acquisitions for Non-M&A Lawyers,” Andy Jenkins. (MCLE 1.00)* RSVP to kzack@dallasbar.org.
Summer Associates Pro Bono Luncheon Speakers: Omar Alaniz, Sandra Fusco and Hon. Brenda Hull Thompson. (MCLE 1.00)* To register, contact Alicia Perkins at perkinsa@lanwt.org. Sponsored by DVAP and the DBA Pro Bono Activities Committee.
MONDAY, JUNE 9
6:00 p.m. DAYL Board of Directors Meeting
Noon
Alternative Dispute Resolution Section Topic Not Yet Available
WEDNESDAY, JUNE 4
Real Property Law Section “Case Studies: Dynamics Influencing Capitalization Rates for Real Property,” Mark Lamb. (MCLE 1.00)*
Peer Assistance Committee
Noon
Employee Benefits & Executive Compensation Law Section “What You Need to Know: Final Employer Shared Responsibility Regulations,” Kirsten Garcia. (MCLE 1.00)*
Solo & Small Firm Section “Court Appointments,” Hon. Judge Julia Hayes and Hon. Brenda Hull Thompson. (MCLE 1.00)*
Juvenile Justice Committee
Public Forum Committee
DAYL Judiciary Committee
5:30 p.m. Bankruptcy & Commercial Law Section “Ethics and Civility in Bankruptcy,” Mark Andrews, Scott Everett, Hon. Stacey Jernigan, Marc Taubenfeld and Hon. Alan Trust. (Ethics 1.00)*
Dallas Women Lawyers Association/DBA Trial Skills “Using Every Advantage to Win: Women Lawyers as a Secret Weapon,” Dawn Estes, Michael Hurst, Judge Tonya Parker and Judge James Stanton. (MCLE 1.00)* RSVP to rsvpdwla@gmail.com.
THURSDAY, JUNE 5 Noon
Construction Law Section “Demolished or Remodeled? An Update on Sovereign Immunity for Construction Practitioners,” Tim Matheny. (MCLE 1.00)*
Judiciary/Legal Ethics Committees
9:00 a.m. DVAP Family Law Nuts & Bolts Video (MCLE 6.00; Ethics 2.00)* For information contact perkinsa@ lanwt.org. Noon
How the Civil Rights Act Changed Dallas, Part II “Passage of the Act,” Todd Purdum. (MCLE 1.50)*
CLE Committee
Publications Committee
DAYL Lawyers Serving Children Committee
7:30 p.m. Bar None XXIX at Greer Garson Theatre, SMU Campus. www.barnoneshow.com.
FRIDAY, JUNE 13 Noon
Friday Clinic-North Dallas** “The Fifth Circuit’s Interpretation of Texas Title-Insurance Survey-Coverage Law and Its Real-World Implications,” J. Edwin Martin. (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 The Dallas Bar Foundation. RSVP to kzack@dallasbar.org.
Trial Skills Section “Trial Opportunities Through Federal Pro Bono Civil Cases,” Hon. Jane Boyle, Michael Heinlen, Hon. Irma Ramirez, Dena DeNooyer Stroh. (MCLE 1.00)*
Minority Clerkship Luncheon Panelists include Travis Foster, Mandy Price, Veronica Roper, Jennifer Wang and Dimitri Dube, moderator. Learn about the broad range of opportunities in Dallas. RSVP to bavina@dallasbar.org.
Government Law Section “The Texas Open Meetings Act—a Government Lawyer’s Equivalent to Herding Cats,” Bob Schell. (MCLE 1.00)*
Legal Ethics Committee
SATURDAY, JUNE 14
DAYL Lawyers Promoting Diversity
8:00 p.m. Bar None XXIX at Greer Garson Theatre, SMU Campus. www.barnoneshow.com.
DAYL Young Partners Committee
MONDAY, JUNE 16
WEDNESDAY, JUNE 11
7: 45 a.m. Dallas Area Real Estate Lawyers Discussion Group
8:00 p.m. Bar None XXIX at Greer Garson Theatre, SMU Campus. www.barnoneshow.com.
Noon
Labor & Employment Law Section “It’s All in the Numbers…5.108.60.7.2013<2014,” Harry Jones, Beth Krugler, Edith Thomas, Denise Villani and Rob Wiley. (MCLE 1.00)*
Senior Lawyers Committee “Lawyers Professional Liability Primer,” Michael C. “Mike” Lee. (Ethics 1.00)*
11:30 a.m. House Committee Walk Through Noon
Family Law Section “Survivor Benefits and QDROs,” William C. Clifton. (MCLE 1.00)*
DAYL Freedom Run Committee
TUESDAY, JUNE 17
Bench Bar Conference Committee DAYL Lawyers Serving Children CLE. For more information, contact cherieh@dayl.com.
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo. 7:30 p.m. Bar None XXIX at Greer Garson Theatre, SMU Campus. www.barnoneshow.com.
Noon
Franchise & Distribution Law Section “Franchising New Concepts,” Martin Camp. (MCLE 1.00)*
International Law Section “Latest Developments with Cross-Border Trade with Mexico: U.S. Importers Beware,” Adrienne Braumiller. (MCLE 1.00)*
Noon
Energy Law Section Topic Not Yet Available
Health Law Section “Health Care Fraud,” Sarah Wirskye. (MCLE 1.00)*
Pro Bono Activities Committee
DAYL Labor & Employment Lawyers CLE. For more information, contact cherieh@dayl.com.
Non-Profit Law Study Group
THURSDAY, JUNE 19 Noon
Appellate Law Section “State Summary Judgment Freak Show: Just When You Thought You’d Seen it All,” Michael R. Northrup. (MCLE 1.00)*
Minority Participation Committee
DAYL Animal Welfare Committee
Christian Legal Society
Dallas Gay & Lesbian Bar Association
3:30 p.m. DBA Board of Directors Meeting
FRIDAY, JUNE 20 Noon
Friday Clinic at Belo “Ethics and Technology: Or, How Not to Commit Malpractice with Your Computer,” Tom Mighell. (Ethics 1.00)* RSVP to kzack@dallasbar.org.
4:00 p.m. J.L. Turner Legal Association Conference of Mayors
MONDAY, JUNE 23 Noon
Securities Section “Texas State Securities Board Rulemaking and Regulatory Priorities,” John Morgan and Ronak Patel. (MCLE 1.00)*
TUESDAY, JUNE 24 Noon
Judiciary Committee/DAYL CLE “Problems Young Lawyers Face at the Courthouse,” Hon. Phyllis Lister Brown, Lesli Chaggaris, Hon. Dale Tillery, Chad West and Sarah Rogers, moderator. (MCLE 1.00)
Dallas Women Lawyers Association “Voice Techniques to Persuade a Jury: How to Incorporate Speech and Voice Techniques into Your Oral Advocacy Toolkit,” Carol F. Rommel. (MCLE 1.00)*
American Immigration Lawyers Association
6:00 p.m. Dallas Hispanic Bar Association
WEDNESDAY, JUNE 25 Noon
Sports & Entertainment Law Section “Updates on Recent Decisions Affecting the Film and Television Industry,” Marilyn R. Atlas. (MCLE 1.00)*
Media Relations Committee “How to Get or Avoid Media Attention - for You and for Your Clients,” Chrysta Castaneda and Jeff Crilley. (Ethics 1.00)*
DAYL Equal Access to Justice Committee
DAYL Foundation Board Meeting
Municipal Justice Bar Association
THURSDAY, JUNE 26
CLE Topics Include:
Dealing with the News Media in an Electronic Age
Tomorrow’s Lawyers: The Future of Legal Education and the Practice of Law
State and Federal Judges’ Panels
And breakouts covering iPads at Trial, Michael Morton Act, Receivers, Ad Litem and more REGISTER NOW for the discounted EARLY BIRD RATE!
Sporting Clays, Games, Golf, Tennis, Yoga, Golf and more! More than 6 hours CLE, including 1.00 hour ethics. | Casual Attire Only!
Library Committee
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
Events/Activities: Plan to Stay Friday Night!
DAYL Elder Law Committee
WEDNESDAY, JUNE 18
6:00 p.m. J.L. Turner Legal Association
TUESDAY, JUNE 10 Noon
YOUNG LAWYERS (Licensed 1-5 years): CATCH THE YOUNG LAWYER EARLY BIRD SPECIAL RATE!
www.dallasbar.org or 214-220-7403
Noon
Collaborative Law Section Topic Not Yet Available
Criminal Law Section “Family Violence Case Law Update,” Hon. Elizabeth Frizell. (MCLE 1.00)*
Environmental Law Section Topic Not Yet Available
FRIDAY, JUNE 27 Noon
Intellectual Property Law Section “Patent Damages Case Law Update,” Dwayne C. Norton. (MCLE 1.00)*
DAYL Solo & Small Firm Committee
MONDAY, JUNE 30 Noon
DAYL Solo & Small Firm Committee
DVAP New Lawyer Luncheon. For more information contact reed-brownc@lanwt.org.
If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Cathy Maher at 214/220-7401 as soon as possible and no later than two business days before the seminar. All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION. *For confirmation of State Bar of Texas MCLE approval, please call Teddi Rivas at the DBA office at 214/220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact KZack@dallasbar.org.
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2013 Fort Worth Business Press Power Attorneys selection; 2013 Fort Worth Magazine Top Attorneys in Personal Injury Plaintiff selection; 11 out of 11 years named to the Super Lawyers list by Thomson Reuters; University of Texas Law School, 1977; Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, 1983; Civil Trial Law Specialist by the National Board of Trial Advocacy, 1984;
Barrister Emeritus, Order of Barristers, Texas Wesleyan School of Law, 1995; Chairman of the Warren E. Burger Society, National Center for State Courts, 1996 - present; American Board of Trial Advocates, 2000 - present; past President Tarrant County Trial Lawyers Association; past Chair Tarrant County Bar Foundation; American Association for Justice; American Bar Association; Texas Trial Lawyers Association.
4 He a d n o t e s l D a l l a s B a r A s s o ciation
June 2014
Headnotes
President's Column
Published by: DALLAS BAR ASSOCIATION
Celebrating Fifty Years of the Civil Rights Act of 1964 Scott M. McElhaney
Fifty years ago this summer, Congress passed and President Lyndon Johnson signed a law that transformed this country like few others in our history—the Civil Rights Act of 1964. At a time when 50th anniversary commemorations seem to abound, and as some local leaders of the struggle for civil rights pass away, it is fitting that we take time to celebrate the achievements of the law that has fundamentally changed the social structure of the country for the better. To do this, the Dallas Bar Association is sponsoring a series of events over the course of the year commemorating the 50th anniversary of that law. We have already looked back at some of the conditions of the Jim Crow era that gave rise to the need for the Act. Later this month, we will examine the story of how those who fought for the Act navigated it through its protracted and difficult journey through Congress. In the early fall, we will survey some of the achievements of the Act, such as its effects in tearing down the system of social domination through which Southern whites subordinated African-Americans and in combating other inequalities in our society, including discrimination and harassment on the basis of sex. Still later in the year, we will look forward and consider the work that remains to be done to achieve the full purpose and ideals of the law. I have been greatly helped in planning these programs by an outstanding group of lawyers (Ed Cloutman, T.J. Johnson, Betsy Julian, Richard Stewart, Jennifer Wang and Kevin Wiggins) SMU law professors (Maureen Armour and Bill Bridge) and DBA directors (Laura Geisler, Michele Wong Kraus, Karen McCloud and Mary Scott). Celebrating the achievements made under the Act and acknowledging the continuing work to be done is fitting work for the DBA. We as lawyers help our clients enforce or comply with the law, and this is no less true for the Civil Rights Act. After all, it has been lawyers from both private practice and the Department of Justice who have been instrumental in enforcing the Act. Moreover, part of our mission as a bar association is to educate the bar and the public about the law and lawyers’ roles in society. While examining the passage of legislation 50 years ago may at first blush not seem topical, we cannot truly understand the present without knowing where we have been. As William Faulkner wrote, “The past is never dead. It’s not even past.” When many current, albeit older, bar members and other members of our community grew up, segregation and degradation was common for African-Americans and other minorities. Many of the continuing difficulties in minority communities can be traced to the sufferings of previous generations under slavery and Jim Crow laws. While passage of the Act immediately transformed American law, it did not magically or instantaneously transform life for all Americans. I hope you were able to make it to the first of our programs, which examined “separate but equal” Dallas. We are all deeply indebted to the moderator, Richard Stewart, and four guest panel members who kept the standing room only crowd listening with rapt attention: Ernie Higginbotham, who is Senior Vice President and General Counsel of United Lex and a former President of the Greater Dallas Community of Churches, Rev. Zan W. Holmes, Jr., the Pastor Emeritus of the St. Luke “Community” United Methodist Church, Sandra Malone, a retired DISD teacher and the former court-appointed Desegregation Auditor for the Tasby DISD desegregation suit, and Robert Thomas, a DBA past president and lawyer at Strasburger & Price. They recalled conditions in America, and especially in Dallas, before the passage of the Civil Rights Act
JOIN THE 2014 DBA 100 CLUB Membership is Now Open!
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in the realms of public accommodations, employment, education and voting. This column cannot do justice to the power of stories they relayed. Several younger audience members, who of course had not been born when the Act was passed, said they would never forget Reverend Holmes’ story of when, as a young seminary student at SMU, he saw an African-American man die after being hit by a car while white city ambulance drivers, who were prohibited from helping him, stood by waiting for a private ambulance service run by an African-American-owned funeral home to arrive. Nor would they forget Sandra Malone’s explanation of how her mother made dresses for the girls in her family, not because they could not afford to shop at downtown clothing stores, but because African-Americans were not allowed to try on clothes to see if they fit and were not allowed to return clothes that they purchased, all because white customers would not want to purchase items that had been worn by blacks. You can watch a recording of this presentation through the DBA’s Fiftieth Anniversary of the Civil Rights Act webpage at www.dallasbar.org. On June 12, 2014, we will host the second of our commemorative events. This program will feature a talk by Todd Purdum, author of An Idea Whose Time Has Come: Two Presidents, Two Parties, and the Battle for the Civil Rights Act of 1964. He will discuss how the Act came to be, from its initial introduction by the Kennedy Administration, to President Johnson’s call for passage of the bill in his address to a joint session of Congress just days after Kennedy’s assassination in Dallas as a fitting tribute to the slain president, and through the extraordinary legislative creativity it took to maneuver a bill that could pass through the byzantine rules and procedures of the House and Senate and their committees. I hope you can attend. Later this year, we will be hosting programs that look at how the Act was enforced and the effects it has had on the country. Although passage of the Act did not change America overnight, and there was opposition to it—especially its public accommodation provisions— after it passed, the Act advanced the process of teaching that the relevant victims were not, for example, the owners of restaurants who would no longer be able to turn away minorities, but the minority families who had been turned away simply because of the color of their skin. As President Johnson said at the signing ceremony for the Act: “The purpose of the law is simple. It does not restrict the freedom of any American so long as he respects the rights of others. It does not give special treatment to any citizen. It does say the only limit to a man’s home for happiness, and for the future of his children, shall be his own ability. It does say that there are those who are equal before God shall now also be equal in the polling booths, in the classrooms, in the factories, and in hotels, restaurants, movie theatres, and other places that provide service to the public.” Our final program will look forward to the remaining work to achieve the full vision of equality of the Act. While racism, sexism and other evils the Act was designed to combat have not been erased, dramatic changes have occurred. The Act also served as a model for later civil rights legislation such as the Americans with Disabilities Act, and it will stand as a model for other social changes to come. At the funeral of the recently-departed Judge Louis A. Bedford, Jr., state Senator Royce West told a story of what Judge Bedford told him when he wanted to start his own law practice. Judge Bedford told the young senator-to-be to “Just do a good job,” because “the pie is big enough for everyone.” One of the promises of the Civil Rights Act is that doing a good job is all that a person should have to worry about, not one’s race, sex or ethnicity. I hope you will join us as we reflect on HN the legacy of that law.
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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: Scott M. McElhaney President-Elect: Bradley C. Weber First Vice President: Jerry C. Alexander Second Vice President: Rob Crain Secretary-Treasurer: Audrey Moorehead Immediate Past President: Sally L. Crawford Directors: Tatiana Alexander (President, J.L. Turner Legal Association), A. Shonn Brown (At-Large), Wm. Frank Carroll, Laura Benitez Geisler (Vice Chair), Hon. Martin Hoffman, Hon. David Horan (Judicial At-Large), Michael K. Hurst (Chair), Krisi Kastl, Michele Wong Krause, Meyling Ly (President, Dallas Association of Young Lawyers), Karen McCloud, Courtney Barksdale Perez (At-Large), Sakina Rasheed (President, Dallas Asian American Bar Association), Mary Scott, Scott Stolley, Diane M. Sumoski, Robert L. Tobey, Aaron Tobin and Elisabeth A. Wilson (President, Dallas Hispanic Bar Association) Advisory Directors: Jonathan Childers (President-Elect, Dallas Association of Young Lawyers), Monica Lira (President-Elect, Dallas Hispanic Bar Association), Bill Richmond (PresidentElect, Dallas Asian American Bar Association) and Ebony Rivon (President-Elect, J.L. Turner Legal Association). Delegates, American Bar Association: Rhonda Hunter, Hon. Liz Lang-Miers Directors, State Bar of Texas: Lawrence Boyd, Wm. Frank Carroll, Andy Payne, Florentino A. Ramirez and Ike Vanden Eykel HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Thomas Phillips Display Advertising: Deni Ackerman, Tina DeRobertis, Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Dawn Fowler and Jared Slade Vice-Chairs: Paul Clevenger and Meghan Hausler Members: Timothy Ackermann, Vincent Allen, Natalie Arbaugh, Benjamin Barmore, Joi-lee Beachler, Martha Beard-Duncan, Lisa Blackburn, Jason Bloom, Eric Blue, Leigh Bradford, Bobby Braxton, Kandice Bridges, Kelsey Brock, Sara Ann Brown, John G. Browning, Casey Burgess, Eliot Burriss, Stacie Cargill, Nancy Carroll, Lance Caughfield, Julie Chandler, Joel Crouch, Walter Dean, Lea Dearing, David Dodds, Adam Dougherty, Brandon Duck, Christopher Elam, Alexander Farr, J. Martin Futrell, Jenny Givens, Jennifer Gjesvold, Andrew Gould, James Gourley, Nadia Haghighatian, Susan Halpern, William Hammel, Jordan Harrison, Jeremy Hawpe, John Herring, Zachary Hilton, Kelli Hinson, Tyler Hokanson, Alison Hollender, Mary Louise Hopson, Mandy Jenkins, Soji John, Amanda Kelley, Cynthia Jon-Ubabuco, Yoon-Joo Jung, Tiffany Kamuche, Nicholas Kennedy, Adam Kielich, Michelle Koledi, Matthew Kolodoski, Susan Kravik, Norman Lofgren, Sixuan Lu, Margaret Lyle, Ashley Mason, Andrew Mayo, Jennifer McCollum, Christina McCracken, R. Sean McDonald, Scott McElhaney, Elizabeth “Jodi” McShan, John McShane, Michael Merrick, Christopher Meuse, Aaron Michelsohn, Wendy Mills, Constance Mims, Ethan Minshull, Paige Montgomery, Caitlin Morgan, Hon. Jim Moseley, Terah Moxley, Derek Neilson, Nick Nelson, Christopher Norcross, David Parham, Murali Pasupulati, Seth Phillips, Keith Pillers, Amiee Pingenot, Kirk Pittard, Irina Plumlee, Laura Anne Pohli, Ellen Pryor, Gabriel Reyes, Edward Rice, Morgan Richards, David Ritter, Carl Roberts, Richard Salgado, Joshua Sandler, Brandon Schwarzentraub, Calvin Scott, Ifeyinwa “Ify” Seales, Isabel Segarra, Micah Skidmore, Crystal Smith, Phillip Smith, Bradley Smyer, Yon Sohn, Thad Spalding, Timothy Springer, Jacob Stasny, Cori Steinmann, John Stevenson, Scott Stolley, Brian Stork, Amy Stowe, Billye Summers, Kristopher Tate, SaKinna Thomas, Pryce Tucker, Brent Turman, Peter S. Vogel, Whitney Warren, Bradley C. Weber, Suzanne Westerheim, Elisabeth Wilson and Andrew Wirmani 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 Interviewer: Marcela Mejia Law-Related Education & Programs Coordinator: Kimberlynn Taylor Membership Coordinator: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Teddi Rivas DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Miriam Caporal, Tina Douglas, Marisol Guzman, Andrew Musquiz, Carmen Perales Program Assistant: Patsy Quinn Copyright Dallas Bar Association 2014. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher. Headnotes serves the membership of the DBA and, as such, editorial submissions from members are welcome. The Executive Editor, Editor, and Publications Committee reserve the right to select editorial content to be published. Please submit article text via e-mail to jsmith@dallasbar.org (Communications Director) at least 45 days in advance of publication. Feature articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informational and educational purposes and is not intended as legal advice. Opinions expressed in articles are not necessarily those of the Dallas Bar Association. All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Association’s sole discretion.
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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.
June 2 0 1 4
Focus
D al l as Bar A ssoci ati on l Headnotes 5
Antitrust & Trade/Government Law
Antitrust Basics for Transactional Lawyers By Kay Lynn Brumbaugh
The word “antitrust” often conjures up visions of competitors fixing prices in smoke-filled back rooms or, more recently, posh hotels in exotic locations in a Matt Damon movie. While such meetings certainly occur and price-fixing offenses are aggressively prosecuted, there are other less obvious, but risky, antitrust issues that arise in traditional corporate matters. Is the transaction HSR reportable? The Hart-Scott-Rodino Antitrust Improvements Act, 15 U.S.C. § 18a (HSR Act), requires parties to certain transactions to notify, provide information to and obtain approval from the Federal Trade Commission (FTC) and Department of Justice (DOJ) before closing. The HSR filing allows the Government to investigate transactions for adverse effects on competition. Although the reporting rules are complex, start with the size of transaction to assess if an HSR filing is required. A filing may be required if the transaction will result in the acquirer holding U.S. assets, voting securities or certain non-corporate interests with a value currently more than $75.9 million. The transaction size threshold is adjusted annually. A no-close waiting period of 30 calendar days begins after both parties make HSR filings, though parties may request early termination of the waiting period. Some HSR filing exemptions exist for certain types of transactions, including most traditional real estate transactions, acquisitions of up to $500 million of producing oil and gas reserves, and acquisitions of foreign
assets, among others. Be careful when analyzing HSR reportability because penalties for failing to file are substantial, including daily fines, delays in closing, lawsuits and potentially unwinding the transaction. Also, know that the FTC and DOJ have authority to investigate transactions that are not HSRreportable if they raise competitive issues. Do the diligence and transition planning processes create antitrust risk? Antitrust risks may arise in the due diligence and transition planning phases from the sharing of competitively sensitive information. Should discussions end without a deal, the types of information exchanged during the negotiations should not be the sort to limit the companies’ incentives to compete vigorously. For example, if seller tells buyer of a planned future price increase during the discussions, and buyer decides to increase its prices at the same time, antitrust regulators would likely suspect price-fixing even if buyer’s decision was an independent decision for internal business reasons. That is not to say that the buyer is prohibited from obtaining information necessary to evaluate a potential transaction, but consideration must be given to what information reasonably needs to be shared to evaluate the transaction, when the information needs to be shared and with whom should it be shared. Mere curiosity is an insufficient reason to obtain competitively sensitive information. Are the companies acting as separate companies until closing? Prior to closing, the activities of the merging companies are subject to Section
DEDICATION OF DBA’S 23RD HABITAT FOR HUMANITY HOUSE Saturday, June 28, 10:00 a.m. at 3030 Dorris Street, Dallas, Texas 75212. Please join us as we turn over the keys to the homeowner. STILL NEED TO MAKE YOUR DONATION? The DBA’s Home Project is building its 23rd house for Habitat for Humanity, and your contributions are needed. To donate, log on to www.dbahp.com or make checks payable to Dallas Area Habitat for Humanity and mail to Teddi Rivas, c/o DBA, 2101 Ross Ave., Dallas, TX 75201. Questions? Email gmcallister@ghjhlaw.com or kc@ashmorelawfirm.com.
1 of the Sherman Act which prohibits agreements in restraint of trade, and, if an HSR filing is required in connection with the transaction, the activities are also subject to the HSR Act and its prohibitions against the transfer of beneficial control to the acquiring company (also known as “gun jumping”). Gun jumping risks often manifest themselves in the conduct of business provision in an agreement, whereby the seller agrees to conduct its business in a certain manner before closing. Antitrust risk increases should the buyer attempt to exercise undue control over the seller’s business before closing. For example, if the buyer requires approval of ordinary course business decisions or sets materiality thresholds so low as to intrude on normal operations of the seller. Federal antitrust authorities will investigate a transaction even if there is no substantive antitrust concern if they believe the buyer is exercising beneficial control over the seller prior to the expiration
of the HSR waiting period. And given that the parties’ agreement must be provided with the HSR filing, assume that the Government will review the conduct of business covenants. Is the covenant not to compete too broad? Covenants not to compete are common in Mergers & Acquisitions agreements and generally not antitrust violations if ancillary to an otherwise lawful agreement, have a legitimate business purpose and are narrowly tailored to achieve the business objective. They are risky when they are too broad in scope and too long in duration. For example, when acquiring certain assets from a competitor, a non-compete provision affecting the assets being acquired is reasonable. But a provision limiting a competitive product not being acquired is unreasonable and may be viewed as an unlawful HN agreement not to compete. Kay Lynn Brumbaugh is a partner at Andrews Kurth LLP and can be reached at kaylynnbrumbaugh@andrewskurth.com.
Minority Clerkship Luncheon Friday, June 13, Noon at Belo Panelists:
Travis Foster, The Foster Firm PLLC Mandy Price, Weil, Gotshal & Manges Veronica Roper, Oncor Jennifer Wang, Dallas City Attorney’s Office Dimitri Dube, Dimitri Dube, P.C. (Moderator) For more information or to RSVP bavina@dallasbar.org.
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6 H e a d n o t e s l D a l l a s B a r A s s o ciation
June 2014
DBA Pro Bono Golf Classic On May 1, more than 100 golfers participated in the 23rd Annual DBA Pro Bono Golf Classic at Brookhaven Country Club to benefit the Dallas Volunteer Attorney Program and Legal Aid of NorthWest Texas. All proceeds will be used to help provide pro bono legal services to low-income residents of Dallas.
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D al l as Bar A ssoci ati on l Headnotes 7
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8 He a d n o t e s l D a l l a s B a r A s s o ciation
Chief Justice Carolyn Wright Inducted in Texas Women’s Hall of Fame Staff Report
At a recent ceremony in Austin, Chief Justice Carolyn Wright was awarded the Public Service Award and inducted into the Texas Women’s Hall of Fame. Chief Justice Wright was one of nine women recognized and inducted to the Hall of Fame by Governor Rick Perry. She joins a prestigious group of more than 100 notable women who have been inducted since the Hall of Fame was established in 1984. In his address, Governor Perry said that the successes of these women are all the greater for having been made in the face of often overwhelming societal barriers. He added that the Hall of Fame is a place for the state’s greatest, many of whom were “non-conformists.” Chief Justice Wright was appointed to the 5th Circuit Court of Appeals in 2009. She was the first African-American head of a Texas intermediate court of appeal and the first black woman to win a multicounty election in the State of Texas. She has more than 30 years’ experience as a civil, family and criminal judge. As a young attorney, Chief Justice Wright was both advocate and mentor to the youth she frequently represented in court. She believes that “justice is as much about the appearance of justice as it is actual fairness.” In 2009, Ms. Wright was awarded the Dallas Bar Association’s Martin Luther King, Jr. Justice Award, which recognizes a member whose practice, community service and overall life’s experience exemplifies the life and legacy of Dr. Martin Luther King,
June 2014
Leon Carter and John Jansonius Elected SBOT Directors Staff Report
Chief Justice Carolyn Wright
Jr. In addition, she is a member of numerous associations and foundations where she volunteers her time. The other eight honorees include Nandita Berry, Texas Secretary of State; Joanne Herring, Houstonarea philanthropist; Ret. Col. Kim Olson, President and CEO of Grace Under Fire; Anita Perry, First Lady of Texas; Dr. Ann Stuart, Chancellor & President of Texas Woman’s University; State Rep. Senfronia Thompson; and Deborah Tucker, Founder of the National Center on Domestic and Sexual Violence. All nine honorees will be featured in the state’s Hall of Fame permanent exhibit at Texas Woman’s University in Den HN ton.
Dallas Bar Association members E. Leon Carter, of Carter Scholer Arnett Hamada & Mockler, and John Jansonius, of Jackson Walker, L.L.P., were elected State Bar Directors for District 6. Mr. Carter is a Principal at Carter Scholer where he practices in the firm’s litigation section. He is an active member of the DBA. He has served on the Board of Directors and served as Co-Chair of the Judiciary Committee and is a Life Fellow of the Dallas Bar Foundation. In addition, he has served on the Board of Directors for Vickery Meadows Learning Center, Big Brothers Big Sisters and the Martin Luther King Center. A graduate of Texas Southern University Law School, Mr. Carter has received numerous honors and distinctions including the DBA’s 2011 Martin Luther King, Jr. Justice Award, selected as one of the Top 100 Lawyers in Texas and Top 100 Lawyers in Dallas-Fort Worth by Thomson Reuters’ Super Lawyers 2010-2013, and selected by the Dallas Business Journal as one of the Top 15 Business Defense Lawyers in the DFW Metroplex. Mr. Jansonius is a Partner at Jack-
E. Leon Carter
John Jansonius
son Walker, L.L.P. where he practices labor and employment law. He is currently the Co-Chair of the DBA Judiciary Committee, is a member of the DBA Labor and Employment Law Section and is a Fellow of the Dallas Bar Foundation. A graduate of the SMU Dedman School of Law, Mr. Jansonius is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization and is a frequent speaker on employment law subjects at local, state and national programs. He was named Dallas’ 2014 Labor Law-Management “Lawyer of the Year” by Best Lawyers, has been named one of the top five labor and employment lawyers in Texas by Texas Lawyer and is listed in the prestigious Chambers USA: America’s Leading Lawyers HN for Business (2010-2013).
TIPS FOR DEALING WITH THE DIFFICULT LAWYER Thursday, June 5, Noon at Belo | Ethics 1.00
Speakers: Hon. Don Bush, U.S. District Court • Michele Smith, MehaffyWeber Paula Sweeney, Slack & Davis, L.L.P. • Hon. Emily Tobolosky, 298th District Court Sponsored by the DBA Judiciary & Legal Ethics Committees
COMMUNITY VOLUNTEER OPPORTUNITIES FOR LAWYERS Help Build the DBA’s 24th House with Habitat for Humanity, contact gmcallister@ghjhlaw.com.
Tutor a Child Confined to the Henry Wade Juvenile Justice Center, contact ahernandez@dallasbar.org.
Mentor a Child Impacted by Incarceration, contact Mandy Klem at (214) 288-3551.
Speak to a Community or Civic Group on a Law-Related Topic, contact mjohnson@dallasbar.org.
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D al l as Bar A ssoci ati on l Headnotes 9
2014 DBA 100 CLUB - Get on the LIST! The Dallas Bar Association would like to recognize the following Firms, Government agencies, and corporate legal departments for their support of the DBA along with their commitment to the advancement of the legal profession and the betterment of the community. The DBA 100 Club is a distinguished membership recognition category that consists of Firms and Government agencies with two or more attorneys as well as corporate legal departments that have 100% membership in the DBA. Recognition is given to the 2014 DBA 100 Club members in our June, July and August Headnotes and at our Annual meeting in November. Not a DBA 100 Club member yet? This is the perfect time to encourage your newly hired attorneys to join the DBA and take advantage of our many member benefits—such as 400 FREE CLE programs each year, networking opportunities, community projects and many other member benefits as well as the opportunity to qualify for the DBA 100 Club. Please note that the DBA 100 Club is open for renewal annually to every firm. We do not automatically renew a firm’s membership due to changes in firm rosters from year to year. How do you get on the list? To become a 2014 DBA 100 Club member, please submit your request via email and include 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 if you qualify, your firm will be added to the 2014 DBA 100 Club! If we receive your list by June 7th, your firm will be included on the July and August DBA 100 Club recognition list in Headnotes. Send in your list TODAY! DBA 100 Club Members As of May 12, 2014 Law Firms with 2 to 5 Attorneys 123 Divorce Company A. William Arnold III & Associates, P.C. Ackerman & Savage, L.L.P. Adair, Morris & Osborn, P.C. Aldous Law Firm Alexander Dubose & Townsend LLP Anderson & Brocious P.C. Anderson Beakley, PLLC Armstrong Kellett Bartholow P.C. Ashley & Laird Atwood Gameros LLP Barnett • McNair • Hall, L.L.P. Blackwell & Duncan, PLLC Blankenship, Wiland & O’Connor, P.C. Broden & Mickelsen Brousseau Naftis & Massingill Calabrese Huff, P.C. Campbell & Chadwick, P.C. Carlock-Gormley-Hight Clark Law Firm Clark Law Firm PC Coffin & Driver, PLLC Collins Law Group PC Connatser Family Law Crain Lewis, L.L.P. Curtis | Castillo PC Daniel Sheehan & Associates, LLP
Dedman Law, PLLC Dunn Sheehan LLP Edwards & de la Cerda, L.L.C. Elliott Thomason & Gibson, LLP ELROD, PLLC Erhard & Jennings, P.C. Franklin Chapman Skierski Hayward LLP Grau Law Group, PLLC Grogan & Brawner P.C. Groover Hamilton, LLP Hamilton & Squibb, LLP Hance | Wickham, P.C. Harper | Washam LLP Hicks Thomas LLP Hollingsworth Walker Horton & Archibald, P.C. Hunt | Ham, PLLC Johnson | Broome, P.C. Johnston ◆ Tobey , P.C. Kabani & Kabani, PLLC Kapioltas & Forni, PLLC Karel & Hicks, P.C. Keane, Fowler & Donohue Kelly, Durham & Pittard, LLP Kinser & Bates, L.L.P. Kish Manktelow & Bailey, P.C. Koning Rubarts LLP Langley Weinstein LLP Law Offices of Carmen S. Mitchell, LLP Law Offices of Richard A. Gump, Jr., P.C. Law Offices of Terrence G. Turzinski, P.C.
Lawrence Law PLLC Lidji Dorey & Hooper Little Pedersen Fankhauser LLP Maris & Lanier, P.C. Marshall & Kellow, LLP Mincey-Carter, PC Prager & Miller, P.C. Pratt & Yungblut, P.C. Raggio & Raggio, P.L.L.C. Ramirez & Associates, P.C. Rosenberg Paschall Johnson LLP Schein Calixto Stevens PLLC Schuerenberg & Grimes, P.C. Sessions Fishman Nathan & Israel LLP Sheils Winnubst, PC Simon | Paschal PLLC Simon, Ray & Winikka LLP Smith Kendall P.C. Smith, Stern, Friedman & Nelms, P.C. The Elliott Law Firm, P.C. The Korn Diaz Firm, LLP The Vermillion Law Firm, LLC Winn, Beaudry & Winn, L.L.P. Woodward & Shaw Woolley <> Wilson, LLP. Yarbrough & Elliott, P.C. Law Firms with 6 or More Attorneys Anderson Tobin, PLLC Baker Botts, L.L.P. Beirne, Maynard & Parsons, L.L.P.
Boyle & Lowry, L.L.P. Burford & Ryburn, L.L.P. Canterbury, Elder, Gooch, Surratt, Shapiro & Stein, P.C. Carrington, Coleman, Sloman & Blumenthal, L.L.P. Cooper & Scully, P.C. Cowles & Thompson, P.C. Cox Smith David & Goodman, P.C. Deans & Lyons, LLP Estes Okon Thorne & Carr PLLC Ford, Nassen & Baldwin, P.C. Godwin Lewis PC Goranson Bain, PLLC Griffith Davison & Shurtleff, P.C. Gruber Hurst Johansen Hail Shank LLP Guida, Slavich & Flores, P.C. Hankinson LLP Higier Allen Lautin, P.C. Johnson Jordan Cresswell Monk, PC Key Harrington Barnes PC Klemchuk Kubasta LLP KoonsFuller Loewinsohn Flegle Deary L.L.P. Locke Lord LLP McCurley, Orsinger, McCurley, Nelson & Downing, L.L.P. McKool Smith P.C. Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P.
Munsch Hardt Kopf & Harr, P.C. Passman & Jones, P.C. Sayles Werbner, P.C. SettlePou Staubus & Randall, L.L.P. Susman Godfrey L.L.P. The Bassett Firm, P.C. The Hartnett Law Firm The Law Offices of Frank L. Branson, P.C. Thiebaud Remington Thornton Bailey LLP Thompson & Knight LLP Winstead PC Zelle Hofmann Voelbel & Mason LLP Corporate Legal Departments Alon USA Energy Inc. Austin Industries, Inc. Baptist Foundation of Texas Contran Corporation Front Burner Restaurants, LP Morgan Management Corporation Neuberger Berman Tenaska Power Services Co. The North American Coal Corporation Government Agencies City of Irving
MEADOWS, COLLIER, REED, COUSINS, CROUCH & UNGERMAN, L.L.P. WELCOMES NEW PARTNER RUSSELL F. COLEMAN Mr. Coleman joins the firm after serving ten years as general counsel of Belo Corp. until Belo’s acquisition by Gannett Co., Inc. in 2013. Prior to serving as general counsel of Belo he was a partner with a large law firm. Mr. Coleman’s practice areas are Corporate and Securities. He is experienced in a broad range of corporate and securities matters and transactions, including mergers, acquisitions, divestitures, joint ventures, commercial contracts, licensing, investments, and other transactions. He is also experienced in financial matters including bank lending and public and private senior and subordinated debt financing. Mr. Coleman also provides day-today business legal advice for executives, directors, and owners of public and private businesses, including regarding governance and SEC reporting and regulation.
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10 H e a d n o t e s l D a l l a s B a r A s s o ciation
June 2014
Rest Well, Old Soldier! by T. J. Johnson
On May 1, 2014, the J.L. Turner Legal Association hosted a tribute to the life, life’s works and legacy of the Honorable Louis Arthur Bedford, Jr. It was an important reflection on how and why we will all forever be impacted by this Soldier for Justice. During the program, memories, tributes and resolutions were shared. Senator Royce West and the Chair of the Criminal Justice Department at Prairie View A & M University (Judge Bedford’s alma mater) announced that the mock trial courtroom at the university would be named the Judge L.A. Bedford Jr. Courtroom, in honor of Judge Bedford. A large number of the Bedford family attended. And, it was heartwarming to hear L.A. Bedford III and his sister, Angela B. Walker, speak on behalf of their family. L.A. III said that he was particularly touched by the descriptions, tributes and memories of Judge Bedford. For them, they said, “He was just “Daddy!” At the reception which followed, the sharing continued amongst the judges, lawyers, protégés, family and longtime friends of L.A. Bedford, Jr. Stanley Mays, J.L. Turner Legal Association past president, remarked that Judge Bedford was always warning young attorneys to “stay on top of your game.” Judge Sam Lindsey remembered how L.A. encouraged and dared attorneys to “be the first.”
Kevin Wiggins, member of the L.A. considered the students’ moveDBA’s “Civil Rights 50-year anniver- ment among the greatest he had ever sary Celebration” Committee, reflected experienced because these were college kids, teenagers or in their on “the irony that as we early 20s, no different than celebrate this important any other kids except they 50-year milestone we also faced, head on, the crimicelebrate the life and legacy nal justice system, physical of one who so significantly abuse and possible death impacted the civil rights for the cause of justice movement in the Dallas and equality. The courage area and throughout the of these students was an country.” L.A.’s passing has inspiration to L.A. and the caused us all to reflect on other lawyers. One student the fight for civil rights, the in particular was memoearly years of the movement rable to L.A., Mattie Mae and where we are today. Etta Johnson, a student at L.A. lived the stories he Louis Arthur Bedford, Jr. told about the early civil rights move- Bishop, who wrote a heartfelt letter to ment. He had a real law practice where her mother after her arrest explaining he helped real people through their the reasons for her actions. L.A. became misty-eyed as he talked real legal issues. And, like his brethren African American attorneys, who about the August 29, 1960, incident. were, during that time, all civil rights He, attorney Romeo Williams, and attorneys by necessity, he helped defend several other attorneys from Dallas real people who stood up for their civil had appeared for more court hearings rights during these trying times. These in Marshall, Texas. Romeo, Mae Etta are the stories that L.A. did not want and another student left the courthouse because they were informed they would us to forget. For example, one battle took L.A. not be needed for hearing that day and and the lawyers to Marshall, Texas they invited L.A. to join them. L.A. to defend the hundred or so students opted to remain at the courtroom to who attended Wiley and Bishop Col- help the others. Attorney Williams and leges, both then located in that small Mae Etta were killed in an auto/train East Texas town. These students had accident shortly after leaving the courtbeen charged with trespassing for sit- house. Certainly, we are grateful that ins and protests, and the association’s L.A. was not in the car with Romeo attorneys, including L.A., traveled to and Mae Etta on that day. He had more and from Marshall to try these cases. work to do.
In the article L.A. wrote for DBA Headnotes, November 19, 1990 (reprinted May 2014), “When I Become An Old Lawyer and Can No Longer Stand Before the Bar,” he gave us a glimpse of his hopes and dreams for our future. He wanted us to be ready to take his place before the Bar. He outlined the context for which we could celebrate his life, his life’s work and his legacy and use this time to reaffirm the promises he inspired. L.A. inspired us all to be our greater selves and to help others to do the same. He inspired many to take up and passionately fight for important causes, to maintain dignity and pride in one’s work, to be smart and courageous in one’s efforts to do what is right and, most importantly, by his example, he taught us to uplift, protect and be ever sustained by faith, family and friends. The departures from the Belo after the tribute were quiet and solemn. Attendees reflected on his words. In his article, L.A. said, “When I become an old lawyer and can no longer stand before the bar, I will tell all who will listen not to forget the lessons of history.” To that we say, “We listened and we will not forget. Rest well, Old Soldier. You have significantly and indelibly touched lives and soften hearts. Your legacy lives in us. And, we promise. We will always HN remember.” T.J. Johnson is an Assistant United States Attorney for the Northern District of Texas. She can be reached at tj.johnson@usdoj.gov.
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Focus
Dal l as Bar A ssoci ati on l Headnotes 11
Antitrust & Trade/Government Law
Private Antitrust Actions: Important Considerations by Brad Weber
Private antitrust litigation in the U.S. has become more common. Not only are business practices more frequently challenged under the antitrust laws, but other types of business disputes often include antitrust claims and counterclaims. Before litigating a case involving antitrust issues, parties and their counsel should be aware of important aspects of private antitrust actions that are unique to this type of litigation. Section 4 of the Clayton Act establishes federal private rights of action for violations of certain antitrust laws. Under Section 4, any person injured as a result of an antitrust law violation can bring a private cause of action to recover triple the amount of damages, costs of suit and reasonable attorneys’ fees. 15 U.S.C. §15(a). The antitrust laws covered by this private right of action include the Sherman Act, the Clayton Act and the Robinson-Patman Act. This statutory remedy of treble damages, costs and attorneys’ fees for successful litigants creates a powerful incentive for private parties to uncover possible antitrust violations and assert claims under these statutes. Parties often bring private antitrust actions in conjunction with investigations by government agencies, such as the Federal Trade Commission, the Department of Justice and state attorneys general. A government investigation (whether civil or criminal) can alert the public to the possibility of an antitrust violation. Additionally, a guilty plea, the announcement of an indictment or a civil lawsuit by the government can provide a valu-
able blueprint for private attorneys in drafting a civil complaint. In fact, it is almost inevitable that a private civil action for damages will follow the announcement of a government investigation or lawsuit. Because government investigations often precede private civil actions, various procedural and strategic issues can arise in private antitrust cases. For example, a government investigation can help the plaintiffs in a private action survive a motion to dismiss because the plaintiffs can base the allegations in their complaint on the government’s alleged facts. Also, under Section 5(a) of the Clayton Act, collateral estoppel may be available to a private party bringing an action against a defendant, where the same issues already have been litigated by the government. 15 U.S.C. §16(a). Under the doctrine of collateral estoppel, a party cannot re-litigate an issue that already has been adjudicated. Private antitrust actions are often brought on behalf of a class of plaintiffs, particularly when they involve per se claims, such as price-fixing or market allocation agreements under Section 1 of the Sherman Act. 15 U.S.C. §1. Class actions may be filed on behalf of a class of particular plaintiffs, such as direct purchasers of a product or service sold in connection with a pricefixing scheme. Because antitrust cases are usually very expensive to litigate, class actions can be a useful tool for private antitrust plaintiffs who have individual damages that may be too small to litigate separately. However, the U.S. Supreme Court last year issued an opinion that may
DALLAS MEMBERS
reduce the number of antitrust class actions. In American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304, 2308-09 (2013), the Court held that contractual arbitration agreements cannot be invalidated in favor of antitrust class actions on the grounds that antitrust claims would be economically infeasible for persons to bring individually. The parties in Italian Colors had agreed contractually to arbitrate their claims individually. However, the parties maintained that enforcing the class arbitration waiver in effect would bar their antitrust claims because it was not economically feasible for them to pursue the claims separately. In reaching its decision, the Court stated that the antitrust laws do not guarantee that the pursuit of a claim will be affordable, nor do such laws demonstrate an intent to prohibit class action
waivers. Id. at 2309. Following Italian Colors, it seems probable that more sellers will include arbitration clauses with class waivers in their sales contracts, the effect of which may reduce the number of antitrust class action cases in the future. Because private antitrust cases involve treble damages and the recovery of costs and attorneys’ fees, they inherently have the potential for large recoveries by plaintiffs and high risks for defendants. Understanding the key aspects of these types of cases, including their unique procedural and strategic characteristics, is essential for any lawyers or parties involved in this type HN of litigation. Brad Weber is the Co-Leader of the Antitrust Practice Group at Locke Lord LLP and DBA President Elect. He can be reached at bweber@lockelord.com.
TRIAL OPPORTUNITIES THROUGH FEDERAL PRO BONO CASES Friday, June 13, Noon at Belo | MCLE 1.00 Speakers: Hon. Jane Boyle, U.S. District Court Michael Heinlen, Thompson & Knight LLP Hon. Irma Ramirez, U.S. Magistrate Judge Dena DeNooyer Stroh, Murchison Oil & Gas, Inc. Sponsored by the DBA Trial Skills Section
Jeff Abrams (972) 702-9066
Judge Ted Akin (214) 821-6370
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Corbet Bryant, Jr. (214) 855-3008
Chris Nolland (214) 653-4360
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Will Pryor (469) 374-0222
Mel Wolovits (214) 528-1411
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12 H e a d n o t e s l D a l l a s B a r A s s o ciation
June 2014
Tips when Accepting Credit Cards By Tracey Gavin
In the world of merchant accounts, law firms are unique business entities. Unlike a restaurant or retail store, law firms have special considerations when dealing with credit cards and client funds. Whether you are considering accepting credit cards or already offer an electronic payment option, using state-of-the-art technology will ensure you are paid quickly and securely. Some other tips to ensure a successful transition to the modern ways of getting paid as a law firm merchant: 1. Protect your trust and IOLTA accounts. Do not allow your merchant provider access to your trust account. Most merchant agreements will require you to give access to this account in the event of a charge back or fraud. There are merchant services specific to law firms that correctly protect and safeguard your trust accounts. 2. Avoid storing credit card information. If you bill clients on a monthly basis, you will potentially need the ability to recharge their credit cards. Accepting credit cards through a secure web-based solution will allow you to avoid keeping
sensitive credit card information within the walls of your office. Modern law firms are quickly moving away from the traditional credit card machines, which sometimes require paper storage of client credit card numbers. This also limits the liability and risk to your firm of credit card information falling into the wrong hands. 3. Communicate to your clients. Let clients know what your payment expectations are on the front end by including due dates, late fees, and payment options as part of your fee agreement. It is much easier to establish these guidelines while your client is new and eager to get started. More importantly, continue to communicate to your clients what payment options you provide by including credit card logos or adding “Major Credit Cards Accepted” to your invoices and website. Clients will commonly look for an attorney who provides credit card options. Even popular legal websites such as Martindale-Hubbell have specific search criteria to find attorneys who accept credit cards. 4. Use the technology you have. Once you make the decision to accept credit cards, be sure to use the payment option
that best suits your needs. Depending on your area of practice—and, more importantly, where you interact with your client—there are different choices to accept payment. For example, there are many options to accept credit cards with smart phones, including iPads and laptops. 5. Let your clients do the work. By taking time to establish payment options on your website, clients can run their own credit cards. Not only does this provide a convenience to clients, but it frees up the time you otherwise would spend processing credit card payments. This also allows you to avoid ever seeing credit card numbers, eliminating any responsibility to accept, store, shred, or protect credit card numbers. 6. PCI compliance. When you accept credit cards in your office, you also accept the responsibility of protecting cardholder data. Be sure your merchant solution is PCI compliant. PCI-DSS is the payment card
industry’s security guidelines for merchants. More information can be found on the PCI Security Standards Council website, www. pcisecuritystandards.org.
About LawPay
The LawPay program is a custom payment solution designed for attorneys. The LawPay program complies with ABA and state requirements for managing client funds. As a member benefit of the Dallas Bar Association, law firms save up to 20–25 percent off standard credit card fees. If you are currently accepting credit cards, we encourage you to compare your current processor with LawPay. To learn more contact (866) 376-0950 or www.LawPay.com/ HN dallasbar.
Tracy Gavin is the Marketing Director for LawPay. She can be reached at tgavin@affinipay.com.
Summer Associates Pro Bono Luncheon Friday, June 6, Noon at Belo Learn about the many pro bono opportunities in Dallas. Speakers: Omar Alaniz, Sandra Fusco and Hon. Brenda Hull Thompson Co-sponsored by the DBA Pro Bono Committee and DVAP. RSVP perkinsa@lanwt.org. (MCLE 1.00).
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June 2 0 1 4
Focus
D al l as Bar A ssoci ati on l Headnotes 13
Antitrust & Trade/Government Law
The Federal Trade Commission at 100 by Tom Carter
The Federal Trade Commission celebrates 100 years since President Woodrow Wilson signed the FTC Act. You likely know something about the FTC, but you may be surprised by the breadth of its jurisdiction and the steps the agency has taken to adapt to economic challenges and technological advances unimaginable in 1914. The FTC is a small, independent agency with a large mission. It is the only federal agency with jurisdiction to protect consumers and maintain competition in broad sectors of the economy. The FTC enforces laws that prohibit anticompetitive, deceptive or unfair business practices and seeks to do so without impeding legitimate business activity. The FTC also works to educate and empower consumers and assist businesses in understanding and complying with the law. Using this combination of enforcement and education, the FTC strives to foster a U.S. economy characterized by vigorous competition, consumer choice, and access to accurate, non-deceptive information. The FTC Act, as it currently exists, is intentionally broad and flexible, permitting the agency to address deceptive and anticompetitive behavior in an ever-changing marketplace. When created, the FTC absorbed the antitrust work of the Commerce Department’s Bureau of Corporations. At that time, Section 5 of the FTC Act strictly
empowered the agency to challenge “unfair methods of competition.” In 1938, the Wheeler-Lea Act amended Section 5 to also prohibit “unfair or deceptive acts or practices.” In 1973, Congress granted the FTC authority to directly seek preliminary and permanent injunctions in federal court. Two years later, the FTC obtained rulemaking authority and the ability to seek civil penalties for rule violations. Over the years, Congress further expanded the FTC’s responsibilities through an array of topic-specific statutes, including the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Gramm-Leach-Bliley Act and the Telemarketing and Consumer Fraud and Abuse Prevention Act. The latter Act provided the basis for the FTC to establish the National Do Not Call Registry. After 10 years, the Registry remains one of the government’s most popular programs because of its positive impact on hundreds of millions of Americans. The FTC is a small federal agency, but with more than 1,100 staff, it is comparable to a large law firm, with offices in DC and seven regions across the country. The Southwest Regional Office in Dallas was established during the Nixon Administration. The office initially brought both antitrust and consumer protection enforcement actions, but since the late 1990s has focused entirely on stopping and redressing consumer fraud. In recent years, the FTC’s consumer
protection mission has emphasized protecting financially-distressed consumers, stopping harmful uses of technology, safeguarding consumer privacy and data security, prosecuting purveyors of deceptive health claims and protecting military personnel, the elderly and children. For example, the FTC has: (1) stopped mortgage foreclosure rescue scams and deceptive payday lending practices; (2) shut down illegal robocallers and sought technological solutions to the problem; (3) led a nationwide initiative to combat immigration services scams; (4) prosecuted organizations placing unauthorized charges on mobile phone bills; and (5) sued companies making false or unsubstantiated health claims for dietary supplements. In 2013, the FTC obtained 91 permanent injunctions and federal court orders requiring defendants to pay $297 million in consumer redress or disgorgement. In addition, cases referred to the Department of Justice resulted in 14 judgments for civil penalties totaling more than $20 million. The FTC also obtained 29 administrative orders in consumer protection matters. The FTC’s antitrust efforts focus on stopping anticompetitive mergers and business practices in a wide range of industries, including health care, technology, energy, consumer goods and services, and manufacturing. Last year, the FTC filed 23 antitrust enforcement actions, while closing more than 30 investigations that found no threat to competition. The FTC is also the nation’s pri-
mary protector of consumer data and privacy. For more than a decade, the FTC has challenged deceptive and unfair data security and privacy practices, bringing over 50 enforcement actions against companies that failed to properly secure consumer information, and over 40 cases relating to the privacy of consumer data. Some suits involved household names, like Google and Facebook. However, the FTC also brought myriad cases against lesserknown companies that spammed consumers, violated company privacy commitments, installed spyware on consumers’ computers, or otherwise crossed the lines of deception or unfairness in their data collection and use. After 100 years, the FTC remains committed to finding ways to better protect consumers and promote competition. You can assist the FTC in identifying appropriate enforcement targets by calling (877) FTC-HELP or going to www.ftc.gov to file a complaint. I have worked at the FTC for more than 25 percent of its existence and have seen the agency’s innovative methods of anticipating and responding to dramatic changes in the marketplace. As the FTC enters its second century, I am confident the agency’s HN best days lie ahead. Tom Carter is a Senior Attorney at the FTC’s Southwest Regional Office in Dallas. He can be reached at tcarter@ ftc.gov. The views expressed are his own and do not necessarily reflect those of FTC, its staff, or any individual Commissioner.
How Governments Can Prevent Their Own HealthCare.Gov Debacle continued from page 1
the government does not have. Another challenge with federal IT contracts is that it has become increasingly difficult to register as a potential federal contractor. This means that federal contracts more likely to be awarded to large, well-established companies, and less likely to be awarded to small startups that are unwilling or unable to complete the registration process. (Luckily for IT contractors, most states and local governments have a more simplified registration process, and may not even require registration.) Because of time constraints, the Department of Health and Human Services (HHS) limited the pool of potential vendors for the development of HealthCare.Gov even more: to the 16 vendors that HHS had awarded a 10-year term “indefinite delivery/indef-
inite quantities” (ID/IQ) contract for IT services in 2007. (ID/IQ contracts are used when an agency can not quantify the amount of supplies or services that will be needed during the contract term.) In addition to statutory and regulatory restrictions, lack of agency knowledge, the difficulty in writing the solicitation, and a small pool of potential vendors, the Centers for Medicare and Medicaid Services (CMS) faced at least four additional problems with the HealthCare.Gov contract, according to news reports and congressional hearings. Those problems were: a lack of coordination between the contractors and subcontractors, no single responsible party for the entire project, a lack of sufficient testing of the website generally, and a failure to predict and test for the volume of traffic to the site. So how can a governmental entity avoid the problems inherent in the pro-
curement and management of IT contracts? First, governmental entities should make it as easy as possible for qualified vendors to compete for IT contracts. Second, governmental entities should share and learn from the experiences of other governmental entities when procuring and managing IT contracts. Third, governmental entities should strongly consider working with an experienced IT consultant to assist with drafting specifications for IT contracts, evaluating proposals on IT contracts, and monitoring IT contract performance, at least for novel or large-scale IT projects. Fourth, a governmental entity should work with its IT vendors (and, when the entity lacks in-house knowledge, a knowledgeable third-party consultant) to set realistic deadlines during the contract negotiation phase. Fifth, governmental entities should award IT contracts per project
(e.g., a contract for developing a health insurance exchange website), instead of per category (e.g., a contract for IT services). Sixth, governmental entities must monitor IT contract performance in order to find and fix problems early in the process when possible. As governmental services become increasingly dependent on IT, governments must learn to successfully procure and manage IT contracts. With time, experience, and assistance from the private sector, governmental entities should produce fewer HealthCare.Gov-type flops in the years to come. Of course, successful government IT projects do not HN usually make headlines. Eileen Youens teaches and advises governments and government contractors on public procurement issues and is the Chair of the DBA Government Law Section. She can be reached at eileen@youensconsulting.com.
PLEASE SAVE THESE DATES October 5‐11, 2014
President Jimmy Carter, together with thousands of volunteers, will be in the DFW area for a weeklong build. The DBA and the sister bar associa�ons will partner with Dallas Habitat for Humanity on this project. For more informa�on about volunteering, contact kzack@dallasbar.org. JRFRIM_Ad2012.indd 1
10/9/12 10:39 AM
14 H e a d n o t e s l D a l l a s B a r A s s o ciation
Column
June 2014
In The News
FROM THE DAIS
Cynthia Pladziewicz spoke at the American Bar Association Health Law Section’s 15 Annual Conference on Emerging Issues in Healthcare Law and at Ms JD’s National Passion Forward Conference. Darin Klemchuk, of Klemchuk Kubasta LLP, was a panelist for World IP Day 2014 Dallas Regional Celebration held in Plano, Texas.
KUDOS
Honorable Martin J. Hoffman, of the 68th District Court, received an award from Texas A&M School of Law Advocacy Department for his work with the moot court competition. For the past six years he judged the final round of the Texas A&M/Texas Wesleyan First Year Moot Court Competition. Michele Wong Krause, of Wong Krause & Associates, has been appointed to the Dallas Area Rapid Transit board of directors. Jason R. Fulmer and James C. Scott, of Gardere Wynne Sewell LLP, have been named partners. Deirdre B. Ruckman, of the firm, was inducted as a Fellow by The American College of Bankruptcy. Chris Converse received the M&A Advisor’s 40 Under 40 list of legal advisors.
Barry Barnett, of Susman Godfrey L.L.P., has been inducted into the American College of Trial Lawyers as a fellow. Christopher Brown, Marcus Brown, Scott Ellis, Michael Freeman, and Andrea Alford Hight, of Winstead PC, have been elected as shareholders. Barry R. Knight, of the firm, has been elected to membership in the Fellows of the Texas Bar Foundation. Wade McClure, of Kane Russell Coleman & Logan PC, has been selected as a Fellow of the Litigation Counsel of America. Tresi Moore Weeks, of The Weeks Law Firm, PLLC, has joined the Disability Rights Texas Board of Directors. She is also chairperson of the DRTx Protection and Advocacy for Individuals with Mental Illness Advisory Council. Peter A. Lodwick, of Thompson & Knight LLP, has been selected to serve as Southern Methodist University’s Alumni Board Chair-Elect for 2014 and Chair for 2015-2017.
gaard & Smith LLP, has been named as a winner of the 2014 Burton Award for Distinguished Achievement in Legal Writing.
Lyons, LLP, as Associate.
Melinda Jayson, of Melinda G. Jayson, P.C., was elected a Fellow in the College of Commercial Arbitrators.
Jack Ormond joined the Wolf Law Firm of Southlake as Associate.
Christopher A. Robison, of Passman & Jones, P.C., has become a Shareholder.
ON THE MOVE
Mark K. Sales has joined Diamond McCarthy LLP as Partner. Retired Judge Anne Ashby has joined Shields Legal Group as Of Counsel. Michael C. Barbee joined Klemchuk Kubasta LLP as Associate. Bret Madole has joined Carrington, Coleman, Sloman & Blumenthal, LLP. Stephen Aldous has joined Forshey Prostok LLP.
Jordan W. Cowman, of Greenberg Traurig, LLP, has been elected to membership in the Fellows of the Texas Bar Foundation.
Ann Massey Badmus and Angela M. Lopez joined Cowles & Thompson, P.C. as Shareholders. Katrina M. Moore and Thu Nguyen joined the firm as Associates.
John G. Browning, of Lewis Brisbois Bis-
Christopher J. Simmons joined Deans &
Professionalism Tip I will advise my client that civility and courtesy are expected and are not a sign of weakness. Find the complete Creed online at http://txbf.org/texas-lawyers-creed/.
David Starr joined The LaSalle Group as Vice President and General Counsel.
Christopher Harris joined Kane Russell Coleman & Logan PC. Lisa Blue of Baron & Blue has been named president of the American Association for Justice, formerly known as the Association of Trial Lawyers of America, and will be moving to Washington D.C. Tiffany Talamantez joined the Law Office of Kevin B. Ross, P.C. as Associate. Rebekah Steely Brooker and Brandi McKay have joined Scheef & Stone, L.L.P. as Members. Kimberly B. Herbert joined Cantey Hanger LLP as Associate. Andrew L. Stotts joined Winstead PC 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.
Thank You
Excerpt from the Texas Lawyers Creed
The lawyers and staff at Gardere contributed $24,388 to the DBA Home Project Committee, which partners with Dallas Area Habitat for Humanity to sponsor and build a new Habitat home each year.
We appreciate your support!
This O d Dog Happens To Know A Few Tricks. Rely on a trial lawyer with 40 years of experience and 175 trials. When your case needs to be mediated, call Al Ellis, a trial lawyer who has the experience to help you creatively resolve any dispute. His vast experience in the courtroom gives him comprehensive insight that allows him to understand the different perspectives of each case. Al is one of only 500 U.S. members of the International Academy of Trial Lawyers, and is a former President of the Dallas Bar Association — evidence that Al has earned the respect of peers on both sides of the docket. Once Al gets his teeth into a case, he won’t let go, working tirelessly until he negotiates a fair, mutually agreeable deal. When it’s time for mediation, there’s no one better to have at your side.
Al Ellis
T R i A l l AW Y E R / M E D i AT O R
Sommerman & Quesada, L.L.P. 214.720.0720 | Dallas, TX al@textrial.com
www.dbahp.com
DVAP’s Finest Linda Stahl
Linda Stahl is senior counsel in the litigation section at Carter Scholer Arnett Hamada & Mockler. She has been a DVAP volunteer since 1997. Linda has handled a variety of cases, from wills to divorces, and most recently a consumer case in JP court through the Veteran’s Clinic. She especially enjoys working on adoptions, and has found these to be some of the most rewarding, and sometimes the most difficult matters. As Linda stated, “Giving kids the stability of legal parents is so important, and I have been so fortunate to have the opportunity to help kids in this way through my work with DVAP.” In addition to taking cases through DVAP, she also volunteers at the East Dallas Legal Clinic and has recruited others to join her. And whenever she gets the chance, she sings DVAP’s praises and encourages others to take cases. Thank you for all you do, Linda!
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
J une 2 0 1 4
Dal l as Bar A ssoci ati on l Headnotes 15
Classifieds
June
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) 665-9458 or Houston (713) 5137113. troney@thomasroneyllc.com. “We Count.” 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. Coauthor, leading treatise in field. J.D., Harvard Law. David Lopez, (210) 2229494. dlopez@pulmanlaw.com.
OFFICE SPACE
Offices available for rent with law firm located in Downtown Dallas Class A, arts district building. Amenities include conference room, law library, secretarial station, kitchen, parking garage, photocopy/scanner/postage/facsimile and related amenities. Contact Laura at (214) 922-9265. North Dallas, Farmers Branch, Addison Area. Office space available within a small general practice law firm. 3 window offices available. Shared conference and break room, furniture, copier, Internet and phone are available if needed. No long term commitment and a monthly rate of $750.00. Call (214) 838-3501 ext.1. North Dallas Tollway/LBJ – Class A Building - Lincoln Centre. Approx. 5,000 sq. ft. of office space for sublease. Several varying sized offices available. Shared Amenities include: Receptionist, use of conference rooms, copiers, postage meter, high speed Inter-
net, phones, kitchen area and parking garage. Contact: Cindy Robbins (972) 458-5358. Large furnished office space available within small real estate law firm located at 4054 McKinney Avenue. Shared Conference and break room, copier, fax, DSL & phone equipment are available if needed. There is a possibility of overflow real estate work. No long term commitment and a monthly rate of $750.00. Call Tom Smith at (214) 5200600. Downtown Dallas – Office available, located in the historic KATY Building directly across from the Dallas County Courthouses. Receptionist, phone system, conference room, Wi-Fi, fax and copier available for tenants use. No lease required. Please inquire at (214) 748-1948. Office Sublease. Very nice updated law office in Richardson at Central/Campbell. Two window offices - $1000/mo./ each; one interior office - $800/mo.; and one legal assistant area -$600/mo. available. Office environment is quiet and friendly with new furnishings and updated technology. Base rent includes receptionist, use of four conference rooms, up to date security system, three kitchen areas, free parking with 24-hour access to building. Additional costs include telephone, Internet, office and kitchen supplies. For more information please email Jennifer Som at Jennifer@baalegal.com or call (214) 570-0700. Pearlstone Suites in the West End of downtown Dallas are unique new law offices combined with professional law firm marketing services to help attorneys launch or grow a solo practice or small firm. Suites include these amenities at no additional cost: Direct dial phone with personalized voicemail and call forwarding, high speed Internet access, IT support, law office reception, on-site building security, conference rooms, kitchen and coffee service, fitness center, building directory listing, all utilities and CAM charges. Marketing services available include websites, branding, brochures, strategy, coaching and more. Pre-leasing discounts available until June 30.
NEED TO REFER A CASE? The DBA Lawyer Referral Service Can Help.
Visit www.pearlstonesuites.com or call (214) 446-3943. North Central at Meadow Road. Thinking about leaving your law firm and looking for office space? Officing on your own and looking for new space? Consider officing with PlusAssociates LLP, a Multidisciplinary Professional Services Group of Firms. If your area of practice complements those that are currently provided at PlusAssociates LLP, this may be the perfect place for you. Our current firms provide the following services: Tax Planning, Tax Return Preparation and Asset Protection (Bruce E. Bernstien & Associates, P.C.), Commercial Collections, Wills and Trusts (Law Office of James R. Alexander), IRS Controversies, Wills and Trusts (Law Office of Stanton D. Goldberg), Financial Planning, Investments, Insurance, Estate Planning and Retirement Planning (Lora J. Hoff Financial Planning - CFP), Real Estate Investments (Trendview Real Estate Services - Carl Cross), Commercial Litigation (Cole & Cole, P.C. - Robert R. Cole, Jr.), Estate Planning, Probate, Wills and Trusts (John Paul Kelly, PC), Commercial Litigation (Grams Law Firm P.C. - Darrell Grams), Bookkeeping/Accounting (Watkins, Raine, and Associates, L.P. - Terra Raine) and Commercial Litigation and Real Estate (The Siegel Law Group PLLC – Jack Siegel). Several offices are available with conference rooms, kitchen, fax machine, copier, scanner, phone service, high-speed Internet, email, voicemail, free covered parking and Dart Station nearby. Meadow Park office building is at Meadow Road and North Central Expressway. Join us and take advantage of being associated with a growing group of firms with many opportunities for referral of clients to your firm. Call (214) 706-0837.
POSITIONS AVAILABLE
North Dallas. Intellectual Property Law firm located at Lincoln Centre is looking for a Patent Agent. At least 3 years’ experience in patent prosecution. Engineering or Computer Science preferred. Email: dallasipfirm@gmail.com for more information. Legal Administrative Assistant. Addison Law Firm, a nationally recognized, boutique, transactional firm is seeking an administrative assistant with five or more years of experience, strong word processing and administrative skills. Competitive compensation. Qualified candidates should send their resumes to mmartin@addisonlaw.com. AV- Rated, well-established midsize law firm seeks lateral partners with portable business for its downtown Dallas office. Successful candidates will be equipped with drive, energy, leadership
potential and high professional standards. The firm, which has been a distinguished part of the North Texas law community for over 30 years, offers the opportunity for a practice in virtually any area. The firm will consider flexible financial arrangements for individuals seeking support to expand their current book of business. The firm features an excellent reputation, great benefits and strong colleague support in a friendly and professional atmosphere. Send resume to: Dallas Bar Association, Box 14–05, 2101 Ross Avenue, Dallas, Texas 75201. Dallas Firm Seeks Litigation Attorney. Small, AV rated, downtown defense litigation firm seeks a full-time attorney with a minimum of 3 years of litigation experience. Personal injury and first party bad faith experience required. Fax resume and salary requirements to Administrator at (214) 748-1421. 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
Diamond and Gold Buyer. Buying all types of Diamonds, Immediate Cash Paid. Consignment terms available @ 10 -20% over CASH. For consultation and offers please call (214) -739-0089. Oil and Gas Buyer. Buying royalty interests, overriding royalty interests and non-operating working interests. Send descriptive information to royalty@coromandelenergy.com for a prompt and fair evaluation. Owner is SBOT and DBA member. 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 1-800-760-9890 or (214) 720-9890 for a friendly and quick analysis and response. To place an affordable classified ad here, contact Judi Smalling at (214) 220-7452 or email jsmalling@dallasbar.org.
Connect jobseekers with employers in the legal field. Run your ad in the DBA’s online Career Center. www.dallasbar.org/career-center.
Need Help? You’re Not Alone.
Need Help? You’re Not Alone. Need Help? You’re Not Alone. Need Help? You’re Not Alone. Alcoholics Anonymous…………………………...(214) 887-6699
Log on to www.dallasbar.org/dallas-lawyer-referral-service or call (214) 220-7499.
Texas Lawyers’ Assistance Program…………...(800) 343-8527
Mark Your Calendar for the SBOT 2014 Annual Meeting
Texas Lawyers’ Assistance Program…………...(800) 699-9306 343-8527 Narcotics Anonymous…………………………….(972) Texas Lawyers’ Assistance Program…………...(800) 343-8527 Alcoholics Anonymous…………………………...(214) 887-6699 Al Anon…………………………………………..…..(214) Texas Lawyers’ Assistance Program…………...(800) 363-0461 343-8527 Alcoholics Anonymous…………………………...(214) 887-6699 Narcotics Anonymous…………………………….(972) Mental Health Assoc…………………………….…(214) 699-9306 828-4192 Alcoholics Anonymous…………………………...(214) 887-6699 Narcotics Anonymous…………………………….(972) 699-9306 Al Anon…………………………………………..…..(214) 363-0461 Crisis Hotline………………………………………..1-800-SUICIDE Narcotics Anonymous…………………………….(972) 699-9306 Al Anon…………………………………………..…..(214) 363-0461 Mental Health 828-4192 Suicide Crisis Assoc…………………………….…(214) Ctr SMU.…………………………...(214) 363-0461 828-1000 Al Anon…………………………………………..…..(214) Mental Health Assoc…………………………….…(214) 828-4192 Crisis Hotline………………………………………..1-800-SUICIDE Metrocare Services………………………………...(214) Mental Health Assoc…………………………….…(214) 743-1200 828-4192 Crisis Hotline………………………………………..1-800-SUICIDE SuicideHotline………………………………………..1-800-SUICIDE Crisis Ctr SMU.…………………………...(214) 828-1000 Crisis Suicide Crisis Ctr SMU.…………………………...(214) 828-1000 Metrocare Services………………………………...(214) 743-1200 Suicide Crisis Ctr SMU.…………………………...(214) 828-1000 DBA Peer Assistance Committee Metrocare Services………………………………...(214) 743-1200 Metrocare Services………………………………...(214) 743-1200
The 2014 State Bar Annual Meeting is in Austin, June 26-27. For more information and to register, visit www.texasbar.com/annualmeeting.
DBA Peer Assistance Committee
16 H e a d n o t e s l D a l l a s B a r A s s o ciation KM_HN_moneyad_050614.pdf
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June 2014