Dallas Bar Association
HEADNOTES September 2012 Volume 37 Number 9
Focus Business Litigation
Michael K. Hurst Named Chair of Equal Access to Justice Campaign ident, he served as Chair of the DAYL’s Professionalism Committee and MentorMichael K. Hurst has been named ing Committee for six years. During his 22 years as an attorney, Mr. Chair of the 2012-2013 Equal Access to Justice Campaign benefiting the Dallas Hurst has strived to serve those less fortuVolunteer Attorney Program (DVAP). A nate in one way or another, whether by partner with Gruber Hurst Johansen Hail giving his time or by donating to worthy Shank LLP, Michael has been a tireless causes. “Since the day I graduated law school, advocate for the Campaign for many years I have recognized the importance serving as Chair of various diviof ensuring legal aid to the poor, sions and as Co-Chair of the Corand have been gratified as I have porate Division in 2011-12. strived to serve the low-income “Michael has dedicated a community for the last 22 years,” considerable amount of time he said. “Now, I am tasked with and effort to the pursuit of Equal leading the fundraising for DVAP Access to Justice, and we are at this critical time, and am hophonored to have him lead this ing to count on my friends, colyear’s EAJ Campaign,” said DBA Michael K. Hurst leagues and others to help me and President Paul K. Stafford. Mr. Hurst has been active in the Dal- the Campaign achieve our goals.” “The need to donate for legal aid to las Bar for many years. He currently serves as a Co-Chair of the Judiciary Committee the poor has never been more heightened and a Vice-Chair of the Trial Skills Sec- and timely,” said Mr. Hurst. “While more tion; he has Chaired the Finance Com- than 25 percent of the residents of Dallas mittee, Bylaws Committee, Law Day County qualify for pro bono legal services Committee, Peer Assistance Committee, due to their income, only about 20 percent the Education Symposium and the Men- of the civil legal needs of low income and toring Committee among others. Mr. poor Texans are being met. For every one Hurst first began service on the Dallas person helped, at least one qualifying indiBar Association (DBA) Board of Direc- vidual is turned away. Our legal system is tors in1999 as President of the Dallas the best in the world, but we need to make Association of Young Lawyers (DAYL). our system accessible to everyone.” The Campaign will culminate at He was awarded the Jo Anna Moreland Committee Chair Award for his service the Inaugural of 2013 DBA President Sally L. Crawford on January 19, to the Dallas Bar Association in 2009. HN Mr. Hurst is a Fellow of the Dallas Bar 2013. Foundation, a Life Fellow of the Texas Bar Foundation and a Founding Life Fellow of Jessica D. Smith is the Communications/Media Director of the Dallas the DAYL. Before serving as DAYL Pres- Bar Association. She can be reached at jsmith@dallasbar.org. by Jessica D. Smith
CNN Analyst Jeffrey Toobin to be Keynote Speaker at Philbin Awards by Jessica D. Smith
Ringing in its 29th year, the Stephen Philbin Awards Luncheon will be held Monday, October 1, 2012 at the Belo Mansion. The Philbin Awards, started in 1983 by the Dallas Bar Association, recognizes local news journalists for their excellence in legal reporting. This year’s luncheon is co-sponsored by the World Affairs Council of DFW. The luncheon is a way to honor not only the local media, but also the memory of Stephen Philbin who lost his battle with leukemia in 1982. A long-time member of the Dallas Bar Association and a partner with Locke, Purnell, Boren, Laney & Neely, at the time of his death, Mr. Philbin was a leading authority on media law in Texas. He advised major publications and broadcast companies on libel law, regulations and licensing of broadcast properties, and fair comment rulings. In honor of his contributions to media law in the Dallas area, the Philbin and Brock
families, acting through the Dallas Bar Foundation, fund the annual Philbin awards, with the DBA Media Relations Committee coordinating the event. This year’s entries range from major TV news networks and affiliates to radio stations to both print and on-line news from the area’s large metro newspapers, magazines and suburban Jeffrey Toobin publications. The winners will be announced at the Stephen Philbin Awards Luncheon on Monday, October 1, at the Pavilion at the Belo Mansion. The luncheon is open to judges and lawyers and all members of the media. The keynote speaker for the luncheon is Jeffrey Toobin, attorney, author and senior analyst for CNN Worldwide. Mr. Toobin will speak on his new book The Oath—a gripping insider’s account of the momentous ideological war between the John Roberts
Supreme Court and the Obama Administration. The Oath will be available for purchase at the end of the luncheon. Mr. Toobin will also be available for book signings. Mr. Toobin has written several critically acclaimed, best-selling books including, The Nine: Inside the Secret World of the Supreme Court listed on the New York Times bestseller list for more than four months. He has covered legal affairs for The New Yorker since 1993 and has written articles on subjects such as Attorney General John Ashcroft, the 2001 dispute over Florida’s votes for president, the Paula Jones sexual harassment case, Supreme Court Justice Clarence Thomas and the trial of Timothy McVeigh. His article, “An Incendiary Defense,” published in the July 25, 1994 issue of the magazine, broke the news that the O.J. Simpson defense team planned to accuse Mark Fuhrman of planting evidence and to play “the race card.” Before joining The New Yorker, Mr. Toobin served as an Assistant United States Attorney in Brooklyn, New York. He also
Inside 7 Tips on Effectively Preparing and Presenting 30(b)(6) Witnesses 13 The LLC, Not Just Another Corporation 15 Proving Lost Profits
served as an associate counsel in the Office of Independent Counsel Lawrence E. Walsh, an experience that provided the basis for his first book, Opening Arguments: A Young Lawyer’s First Case—United States v. Oliver North. Mr. Toobin earned his bachelor’s degree from Harvard College and graduated magna cum laude from Harvard Law School where he was an editor of the Harvard Law Review. DBA members can reserve their seats now for the 2012 Stephen Philbin Awards Luncheon on Monday, October 1. To receive the early bird rate of $40 per ticket or $400 per table of 10, register by September 17. After September 17, tickets increase to $45; and tables of 10 can be purchased for $450. No walk-ins will be allowed. Don’t miss this exciting event! Purchase your ticket by logging on to www.dallasbar.org or by contacting Judi Smalling at HN jsmalling@dallasbar.org. Jessica D. Smith is the DBA’s Communications/Media Director. She can be reached at jsmith@dallasbar.org.
September Focus: Business Litigation Section This month’s Headnotes articles focus on the topic of Business Litigation. The DBA’s Business Litigation Section focuses on non-personal injury litigation issues. The Section’s meetings and CLEs highlight procedural and trial skills, as well as substantive legal subjects. If you are a DBA member and would like to join this Section for only $25, you may join online or contact kwatson@dallasbar.org for more information.