Dallas Bar Association
HEADNOTES
Focus Intellectual Property/Science & Technology Law
April 2018 Volume 43 Number 4
Separation of Powers: Framework for Freedom
Thank You Mock Trial Judges
BY JESSICA D. SMITH
Each year on May 1, the American Bar Association, along with local bars, lawyers, students, and the community celebrate the Rule of Law. Law Day is a national day set aside to celebrate the role of law in our society and to cultivate a deeper understanding of the legal profession. This annual day was created to strengthen our great heritage of liberty, justice, and equality under law. This year’s Law Day theme is: Separation of Powers: Framework for Freedom. The ABA hopes to educate the public on the three distinct and independent branches of the U.S. Government—Congress, the Presidency, and a Supreme Court. These three separate branches share power, and each branch serves as a check on the power of the others. “Ambition must be made to counteract ambition,” James Madison explained in Federalist 51. Why? Madison believed that the Constitution’s principles of separation of powers and checks and balances preserve political liberty. They provide a framework for freedom. Yet, this framework is not selfexecuting. The ABA Law Day website states: “We the people must continually act to ensure that our constitutional democracy endures, preserving our liberties and advancing our rights. The Law Day 2018 theme enables us to reflect on the separation of powers as fundamental to our constitutional purpose and to consider how our governmental system is working for ourselves and our posterity.” “Without this separation, one Supreme Court justice wrote, ‘the Bill of Rights would be worthless,’” explained ABA President Hilarie Bass. “The Constitutional structure of our three-part government provides a framework for our freedom, preserving liberty and advancing our rights.” This year, the Dallas Bar Association will continue its tradition of celebrating Law Day with a luncheon on May 4, 2018 honoring the judiciary and the Rule of Law. This year’s keynote speech will differ from our past events. For our May 4 Law Day Luncheon DBA President Michael K. Hurst will interview U.S. Congressmen Pete Sessions and Marc Veasey. Congressman Sessions, who represents the 32nd District of Texas, was born on March 22, 1955 and grew up in Waco, Texas. He graduated from Churchill High School in San Antonio and went on to graduate from Southwestern University in 1978, where he now serves on the Board of Trustees. As a businessman, he served as Chairman of the Northeast Dallas Chamber of Commerce. In 1996, he was elected to represent the House of Representatives. In 2002, Congressman Sessions began representing
Pete Sessions
Marc Veasey
the 32nd Congressional District, created from redistricting. In 2016, he was reelected to Congress for his eleventh term. Congressman Sessions is an Eagle Scout and a former Scout Master. He is a recipient of the National Distinguished Eagle Scout Award and is a member of both the National Eagle Scout Association’s national committee and the Executive Board of the Circle Ten Council of the Boy Scouts of America. Congressman Sessions is married to Karen Sessions, and is the proud father of two sons, Bill and Alex, and three stepsons, Conor, Liam and Nicholas. Congressman Veasey, who represents the 33rd District of Texas, was born and raised in Fort Worth. He earned a BS from Texas Wesleyan University, where he majored in Mass Communication. Prior to serving in the Texas House of Representatives, Congressman Veasey worked as a congressional staffer in North Texas. In both Southeast Fort Worth and Dallas, Congressman Veasey worked on important issues dealing with transportation, economic development and higher education that benefitted the entire DallasFort Worth area. He was first elected to the Texas State House in 2004. Congressman Veasey represented District 95—an area now part of the 33rd Congressional District—for four consecutive terms. As a Member of the U.S. House of Representatives, Congressman Veasey serves on the House Armed Services Committee and the Science, Space and Technology Committee. As a member of the Texas State House, he served in a number of leadership positions including Democratic Whip and Chair of the Democratic Caucus. Congressman Veasey and his wife Tonya live in the Metroplex area and have an 11-year-old son, Adam. The luncheon begins at noon on Friday, May 4, 2018, at the Belo Mansion. Doors open at 11:45 a.m. For tickets log on to www.dallasbar.org. For more information, contact Liz Hayden at lhayden@dallasbar. org or (214) 220-7474. HN Jessica D. Smith is the DBA Communications/Media Director. She can be reached at jsmith@dallasbar.org.
Creekview High School, of Carrollton, won the State High School Mock Trial Championship. Dallas Bar Association members presided over and served as “jurors” for the final competition on March 3. From left to right are: (back row) John L. Sholden (former judge), James L. Young, Thomas P. Goranson, Stacie McNulty, Nicole LeBoeuf, and Allison Reppond. (Front row) Gaylynn Gee, Laura Benitez Geisler, Jennifer Ryback, and Jaime Olin.
Are Your Clients Ready for GDPR on May 25? BY ROBERT J. SCOTT AND STEPHEN F. PINSON
What is GDPR?
The General Data Protection Regulation (GDPR) becomes effective on May 25, 2018 and should give all inhouse counsel and law firms cause for worry. GDPR is the most wide sweeping privacy regulation to hit the global market since the 1995 EU Data Protection Directive. GDPR is a regulation that requires businesses to protect the personal data and privacy of EU residents (EU data subjects). The new legislation introduces tough new fines for non-compliance and gives individuals assorted rights regarding how their data may be used (“processed”) by companies doing business involving EU data subjects. The regulation also affects US businesses through its extraterritorial jurisdiction and scope.
more and more companies operated in all continents. GDPR seeks to address this use and to set up a cohesive data protection regime throughout the EU and abroad.
Who Should be Preparing for GDPR?
Any business that processes personal data (PD) of EU residents is subject to GDPR, regardless of the location of the processing. This includes EU domiciled businesses and non-EU businesses (i.e., US companies). Additionally, companies are subject to the regulation regardless of whether they receive a fee or compensation for the services they provide or the activity in which they participate. See GDPR Art. 1-3.
Why Should In-House Counsel and Law Firms be Why Was GDPR Enacted? Concerned? GDPR was drafted to give European residents more control over how their personal data is used and exploited, notably by large US companies like Facebook and Google. These companies transfer data from locations all over the world, aggregating it for their internal business purposes and utilizing the data for advertising and tracking purposes, among others. But cross-border data transfers are not limited to large internet companies. In an increasingly global economy,
The fines for non-compliance can be as much as 20 million euros or 4 percent of annual revenues (whichever is higher). See Art. 83-84. Under GDPR, the regulation defines anyone processing PD as either a “controller” or “processor”, each with its own set of obligations. See Art. 4. All businesses affected by the regulation must understand which definition
Inside Don’t miss your opportunity to advertise
8 What’s a “Patent Pending” and What’s It Worth? 12 Fashion Law: Taking the IP Runway by Storm 17 The Top Five Patent Myths
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continued on page 12
2 He a d n o t e s l D a l l a s B a r A s s o ciation
A pri l 2018
Calendar April Events FRIDAY CLINICS
APRIL 6-BELO Noon
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
“Girl Walks Out of a Bar,” Lisa Smith. (Ethics 1.00)* RSVP to yhinojos@dallasbar.org. Sponsored by the CLE & Peer Assistance Committees.
APRIL 13-NORTH DALLAS** Noon
“Most Recent Amendments & Revisions to the Texas Uniform Trade Secrets Act,” Alex Harrell. (MCLE 1.00)* Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Fox Rothschild LLP. RSVP to yhinojos@dallasbar.org.
Christian Lawyers Fellowship
St. Thomas More Society
6:00 p.m. J.L. Turner Legal Association
FRIDAY, APRIL 13 Noon
APRIL 20-BELO
No Friday Clinic scheduled
MONDAY, APRIL 2 Noon
1.00)* RSVP to yhinojos@dallasbar.org. Sponsored by the CLE & Peer Assistance Committees.
Tax Law Section “A Perspective from In House: Working with InHouse Tax Counsel,” Mary Prosser. (MCLE 1.00)*
TUESDAY, APRIL 3 Noon
Corporate Counsel Section “What Every Lawyer Should Know About the New Tax Act,” Joel Crouch. (MCLE 1.00)* Tort & Insurance Practice Section “Texas Trial Legends Program,” Hon. Ken Molberg, moderator. (MCLE 1.50)*
WEDNESDAY, APRIL 4
Employee Benefits & Executive Compensation Law Section “EBSA Terminated Vested Participant Project,” Luis Velez. (MCLE 1.00)*
Solo & Small Firm Section “Tips for ETHICALLY Growing Your Practice Without Sacrificing Your License OR Family Life,” Ric Armstrong. (Ethics 1.00)*
Juvenile Justice Committee
Public Forum/Media Relations Committee
DAYL Judiciary Committee
5:30 p.m. Bankruptcy & Commercial Law Section “Texas Economic Update: How Fast Are We Growing and How Might Tax Reform Impact the Picture?” Jason Saving. (MCLE 1.00)*
THURSDAY, APRIL 5 Noon
Construction Law Section “American Arbitration Association’s 2018 Residential Construction Arbitration Rules,” Rod Toben. (MCLE 1.00)*
Family Law Section Board Meeting
Lawyer Referral Service Committee
DBA/DAYL Moms in Law Lunch At Meso Maya (11909 Preston Rd.). RSVP christine@connatserfamilylaw.com.
Alternative Dispute Resolution Section “Arbitrating a Professional Liability Claim,” Alison Moore and Patricia Nolan. (MCLE 1.00, Ethics 0.50)* Real Property Law Section “Disclaiming Implied Warranties,” Tom Whelan. (MCLE 1.00)* Peer Assistance Committee
8:45 a.m. Dallas Minority Attorney Program Learn more about Trial Skills, Business Development, Law Office Management and hear from Judges Panels. Register online at www2. dallasbar.org/dbaweb/eventregistration/DMAP. aspx. (MCLE 7.00)* Friday Clinic-Belo “Girl Walks Out of a Bar,” Lisa Smith. (Ethics
Golf for Good!
Business Litigation Section “Enforcing and Avoiding Arbitration Clauses,” Scott McElhaney. (MCLE 1.00)*
Immigration Law Section “Updates on Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS),” John Blatz and Jenna Carl Jabara. (MCLE 1.00)*
Mergers & Acquisitions Section Topic Not Yet Available
Legal History Discussion Group “From Outlaw to Attorney at Law: the Brief Legal Career of John Wesley Hardin,” John G. Browning. (MCLE 1.00)*
Trial Skills Section “You Got My Expert to Say What?!” Craig Haynes. (MCLE 1.00)*
MONDAY, APRIL 16 Noon
Government/Labor & Employment Law Section “The Texas Whistleblower Act: What is it and What are Courts Saying?” Nichole Plagens and Francisco Valenzuela. (MCLE 1.00)*
Summer Law Intern Program Committee
TUESDAY, APRIL 17
FRIDAY, APRIL 20
Noon Day of Civility & Professionalism “A special program promoting civility presented by the DBA, DBF, Alix Partners, SBOT Professionalism Committee, American Inns of Court, and TEX-ABOTA.” (Ethics 4.50)* RSVP to kzack@dallasbar.org.
DBA/DAYL Moms in Law Lunch At RJ Mexican Cuisine (1701 N. Market St.) RSVP christine@connatserfamilylaw.com.
MONDAY, APRIL 23 Noon
Science & Technology Law Section Topic Not Yet Available
Securities Section “Key Developments in Delaware Corporation Law in 2017,” Thomas Hanson and Mandy Price. (MCLE 1.00)*
Golf Tournament Committee
DAYL Membership Committee
TUESDAY, APRIL 24 Noon
Probate, Trusts & Estates Law Section “Case Law Update,” Prof. Gerry Beyer. (MCLE 1.00)*
Noon
Antitrust & Trade Regulation Section Topic Not Yet Available
American Immigration Lawyers Association
DAYL Lawyers Promoting Diversity
Blockchain Law Study Group Topic Not Yet Available
WEDNESDAY, APRIL 25
Franchise & Distribution Law Section “Innovative Wellness & Franchising – A Franchisor’s Guide to FDA, FTC, and State Regulatory and Advertising Challenges,” Priscilla Bowens and Suzie Trigg. (MCLE 1.00)*
6:00 p.m. Dallas Hispanic Bar Association
WEDNESDAY, APRIL 18
Noon
Collaborative Law Section “Advocacy and the Collaborative Lawyer in Civil and Family Cases,” Nicole LeBoeuf. (MCLE 1.00, Ethics 0.50)*
Entertainment, Art & Sports Law Section “Do I Really Need a License for This?” Andrea Perez and Thomas Maddrey. (MCLE 1.00)*
Health Law/Science & Technology Law Sections “Cyber Liability Insurance: Understanding What Is & Isn’t Covered,” John Southrey. (MCLE 1.00)*
Noon
Energy Law Section Topic Not Yet Available
DAYL Equal Access to Justice Committee
DAYL Foundation Board Meeting
DVAP New Lawyers Luncheon. RSVP to reedbrownc@lanwt.org. Municipal Justice Bar Association
Home Project Committee
Legal Ethics Committee
WEDNESDAY, APRIL 11
Health Law Section “Licensing, Discipline, Credentialing and Peer Review (from the physician perspective),” Kimberly Bocell. (MCLE 1.00)*
Pro Bono Activities Committee
Law in the Schools & Community Committee
Non-Profit Law Study Group
THURSDAY, APRIL 26
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group Noon
Family Law Section “Drug and Alcohol Testing in Family Law Cases,” Chris Turnage. (Ethics 1.00)*
Admissions & Membership Committee
Bench Bar Conference Committee
DAYL Freedom Run Committee
DAYL Lunch & Learn CLE
DAYL/DWLA Women’s Mentoring Circle
5:15 p.m. LegalLine. Volunteers needed. Contact sbush@ dallasbar.org.
FRIDAY, APRIL 6
Noon
Noon
6:00 p.m. DAYL Board of Directors
Noon
TUESDAY, APRIL 10
5:30 p.m. Bar None Auditions at Belo
Noon
MONDAY, APRIL 9
North Dallas Friday Clinic “Most Recent Amendments & Revisions to the Texas Uniform Trade Secrets Act,” Alex Harrell. (MCLE 1.00)* Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Fox Rothschild LLP. RSVP to yhinojos@dallasbar.org.
NAFTA to Present Day,” Marek Dubovec and Boris Kozolchyk. (MCLE 1.00)*
THURSDAY, APRIL 12 Noon
CLE Committee
Criminal Justice Committee
Judiciary Committee
Publications Committee
5:15 p.m. LegalLine. Volunteers needed. Contact sbush@ dallasbar.org.
THURSDAY, APRIL 19
11:30 a.m. DBA Pro Bono Golf Tournament at Cowboys Golf Club, Grapevine. Register at http://sbush26. wixsite.com/2018dbagolf. Noon
Criminal Law Section “Best Practices for Representing Non-Citizen Clients,” Patricia Freshwater and Jiroko Lopez. (Ethics 1.00)*
Minority Participation Committee
Environmental Law Section Topic Not Yet Available
Christian Legal Society
DAYL CLE Committee
DAYL Animal Welfare Committee
Dallas LGBT Bar Association
FRIDAY, APRIL 27
DWLA Board of Directors Meeting
Noon
Appellate Law Section “Judgment Formation Land Mines,” Anne Johnson. (MCLE 1.00)*
3:30 p.m. DBA Board of Directors Meeting 5:00 p.m. International Law Section “Commercial Law and Practice in Mexico: From
Noon
Intellectual Property Law Section “Ethics and the OED,” Peter Brewer. (Ethics 1.00)*
MONDAY, APRIL 30 No DBA Events Scheduled
REGISTER NOW FOR THE
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AT COWBOYS GOLF CLUB Register online at www.dallasbar.org For sponsorship information, contact Rhonda Thornton at rthornton@dallasbar.org
SUNDAY, MAY 13TH | 10:30 A.M.‐2:30 P.M. PAVILION AT THE BELO MANSION
oin us for a culinary tour at the beau�ful Pavilion at the Belo Mansion as you celebrate Mother’s Day. Dine in the ballroom or on the exquisite terrace overlooking the Arts District and enjoy complimentary champagne and mimosas. A boun�ful selec�on of fresh fruit, breakfast breads, chilled seafood sta�on, carved prime rib, omelets and freshly made pancakes and waffles, a variety of pies, cakes and sweets, and the ever-popular children’s buffet. Serving hours from 10:30 a.m. to 2:30 p.m. | Adults: $39.95; Children 6-12: $13.75 Garage parking available ( from Olive Street. ) Taxes, gratuities and parking not included Reservations Required by May 9. Credit Card to hold reservation. No-shows will be billed. Call: ( 214 ) 220-7404 or email culinairesales@dallasbar.org. Limited seating. Sponsored by the DBA Entertainment Committee.
If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Alicia Hernandez 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 Grecia Alfaro at the DBA office at (214) 220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact yhinojos@dallasbar.org.
April 2 0 1 8 â€
D al l as Bar A ssoci ati on l Headnotes 3
4 He a d n o t e s l D a l l a s B a r A s s o ciation
A pri l 2018
President’s Column
Headnotes
WOMEN EMPOWERED TO LEAD municate to different audiences and discussed how to improve business development. Former EDS Executive, Marsha Clark, of Marsha Clark & Associates, facilitated additional discussion with the Class and the DWF. The remaining modules will address work-life balance, the business of the practice of law, and how to get credit for originating business within the law firm. In between the classroom modules, there is homework. Additionally, committee members will serve as mentors and lead small groups that will meet separately and review the business development plans with Class members. Ultimately, we hope that that the inaugural participants will have a network amongst themselves, and will serve as mentors for future classes. Other all-star committee members/mentors for WE LEAD include: Dean Jennifer Collins, Hilda Galvan, Laura Benitez Geisler, Jane Rose Hurst, Krisi Kastl, Dan Kelly, Hon. Liz Lang-Miers, David McAtee, Karen McCloud, Harriet Miers, Jennifer Morris, Stephanie Osteen, Hon. Tonya Parker, Dawnn Repp, Sandra Phillips Rogers, Hon. Karen Gren Scholer, Sinead Soesbe, Janice Sharry, Julia Simon, Mary Scott, Sinead Soesbe, and Dena DeNooyer Stroh. DBA Staff Alicia Hernandez and Judi Smalling have been instrumental in the implementation of DBA WE LEAD. “DBA WE LEAD is of great importance in showing the organized Bar understands and is doing something very meaningful to address the challenges facing especially women lawyers in maximizing their ability to reach new heights of success in legal careers, including in achieving promotions in firms and corporate leadership positions and improving business development skills,” said Harriet. “This innovative program not only will help women lawyers by increasing their opportunities for leadership and financial success in the profession, but also will help ensure our profession models the balance and fairness it should.” The DBA WE LEAD Committee and I call upon the men in our profession, as well as the women, to support DBA WE LEAD because it is not only the moral thing to do, but our clients and communities deserve the benefit of being uplifted by the best our profession has to offer, regardless of gender. For example, I have read recent studies that utilize data to show that companies with more women in positions of leadership outperform their rivals. An old colleague of mine just sent me an email after seeing my picture with the DBA WE LEAD Class, commenting that our country will be better for the evolving role and attitudes of men towards women, noting that when he began practicing law over 80 percent of the attorneys were men. In 2015, when I was honored by the DWLA as the first male recipient of the Louise Raggio Award—many of my male colleagues teased me that I was being recognized as the “woman of the year” —I proclaimed in my speech about proudly carrying the torch for the mandate that supporting and empowering women in the legal profession is the imperative of everyone. Which is no doubt why Reddy recognized in her great anthem: “But I’m still an embryo, with a long, long way to go, until I make my brother understand.” We understand, don’t we? I look forward to seeing you soon.
BY MICHAEL K. HURST
Early in my childhood my siblings and I would blare the record player to the sound of Helen Reddy’s iconic masterpiece, “I Am Woman.” Of course, being children of a young advocate for gender equality, my mother, Dr. Adele Hurst, shared her passion and that of Reddy and many women of that time for female empowerment, including by introducing us to the splendor of this music and message. Those memories are from more than 40 years ago. Now, as a leader in the legal community, I find myself puzzled and dismayed that the overwhelming majority of rainmakers, decorated trial lawyers and managing partners are men, despite the fact that more than 50 percent of law school graduates are women. What is preventing more women from having a seat at the decision-making tables in our profession, as well as the platforms and distinction that primarily reside with men? I have known for a long time that if and when I was fortunate enough to serve as president of the DBA, I would help the DBA to take on some of the challenges women face in the law. As fate would have it, my good friend, Ashlee Kleinert, introduced me to Roslyn Dawson Thompson, the President and CEO of the Dallas Women’s Foundation (DWF), several years ago and, thus, began the planning for what would become a groundbreaking initiative: DBA WE LEAD. DBA WE LEAD (Women Empowered to Lead) was designed and conceived in partnership with the DWF to empower and educate high-performing women attorneys with around 8 to 15 years of practice to make their law practices even more successful and to prepare them to be leaders. After all, being a leader is largely about providing others with opportunities to themselves lead by providing them with a platform and resources. Chaired by my law partner, Shonn Brown, and in partnership with the Dallas Women’s Lawyers Association (DWLA), the Inaugural Class of DBA WE LEAD will experience four half-day modules hosted by the DBA at Belo, Mary Kay, and Toyota, and culminating in a graduation ceremony with a marquis speaker where all members of the DWF and the DBA will be invited to attend. In addition to the benefit of all of the modules, each member of the Class will serve as a resource and system of support for one another. Our first module was held in conjunction with the DWF on February 13 at Belo. “The interest in DBA WE LEAD confirmed exactly why this effort is necessary, said Shonn. “After over 80 exceptional applicants, we identified 24 women for this Class. The energy in the room of our first session was infectious. Partnering with the DWF is an enriching part of DBA WE LEAD because the challenges identified in empowering women to lead are not unique to the legal profession. I am elated to be at the helm of a new, innovative, and powerful program to propel already successful women to even greater heights.” The curriculum has been largely designed by committee members Ophelia Camina and Mallory Biblo. The first module focused on how women attorneys can tell their stories, market themselves, and explain their practice. Former WFAA news anchor, Shelly Slater, of Shelly Slater Strategies, worked with the participants on how we should com-
Michael
The Texas Day of Civility in the Law Friday, April 20, 2018, Noon to 5:00 p.m.
Lunch buffet available for $14.95 inclusive of gratuity and tax. Parking $4. Recep�on Immediately Following Belo Mansion & Pavilion, 2101 Ross Avenue, Dallas, TX 75201
Offering 4.5 Hours of Ethics CLE Credit | RSVP to kzack@dallasbar.org. See Agenda & Proclama�on on page 8. Can’t make it? Register for the livestream at h�ps://onlinecle.dallasbar.org.
Published by: DALLAS BAR ASSOCIATION
2101 Ross Avenue Dallas, Texas 75201 Phone: (214) 220-7400 Fax: (214) 220-7465 Website: www.dallasbar.org Established 1873 The DBA’s purpose is to serve and support the legal profession in Dallas and to promote good relations among lawyers, the judiciary, and the community. OFFICERS President: Michael K. Hurst President-Elect: Laura Benitez Geisler First Vice President: Robert L. Tobey Second Vice President: Aaron Z. Tobin Secretary-Treasurer: Vicki D. Blanton Immediate Past President: Rob D. Crain Directors: A. Shonn Brown (Vice Chair), Jonathan Childers, Chalon Clark, Stephanie Culpepper, Isaac Faz (President, Dallas Hispanic Bar Association), Sakina Foster, Ashlei Gradney (President, J.L. Turner Legal Association), Hon. Martin Hoffman, Krisi Kastl, Dan Kelly, Shruti Krishnan (President, Dallas Asian American Bar Association), Bill Mateja, Karen McCloud (Chair), Kate Morris, Cheryl Camin Murray, Stephanie Osteen (President, Dallas Women Lawyers Association), Hon. Irma Ramirez, Jennifer Ryback (President, Dallas Association of Young Lawyers), Mary Scott, and Victor D. Vital Advisory Directors: Charles Gearing (President-Elect, Dallas Association of Young Lawyers), Erin Nowell (President-Elect, J.L. Turner Legal Association), Javier Perez (President-Elect, Dallas Hispanic Bar Association), Sarah Rogers (PresidentElect, Dallas Women Lawyers Association), and Jason Shyung (President-Elect, Dallas Asian American Bar Association) Delegates, American Bar Association: Rhonda Hunter, Mark Sales Directors, State Bar of Texas: Jerry Alexander, David Kent, Gregory Sampson, Scott Stolley, and Brad Weber HEADNOTES Executive Director/Executive Editor: Alicia Hernandez Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Display Advertising: Tobin Morgan, Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Alexander Farr and Carl Roberts Vice-Chairs: Andy Jones and Beth Johnson Members: Timothy Ackermann, Logan Adcock, Wesley Alost, Stephen Angelette, Michael Barbee, David Black, Jason Bloom, Grant Boston, Andrew Botts, Emily Brannen, Jonathan Bridges, Amanda Brown, Angela Brown, Eric Buether, Casey Burgess, Cory Carlyle, Paul Chappell, Charles Coleman, Wyatt Colony, Shannon Conway, Natalie Cooley, Daniel Correa, G. Edel Cuadra, Jerald Davis, James Deets, James Dockery, Elisaveta (Leiza) Dolghih, Angela Downes, Sheena Duke, Charles Dunklin, Dawn Fowler, Juan Garcia, Britaney Garrett, Michael Gonzales, Andrew Gould, Jennifer Green, Kristina Haist, Susan Halpern, Bridget Hamway, Edward Harpole, Meghan Hausler, Jeremy Hawpe, Lindsay Hedrick, Marc Hubbard, Brad Jackson, Andrew Jones, Kristi Kautz, Thomas Keen, Daniel Klein, Michelle Koledi, Kevin Koronka, Susan Kravik, Jess Krochtengel, Dwayne Lewis, Margaret Lyle, Lawrence Maxwell, Jordan McCarroll, R. Sean McDonald, Kathryn (Kadie) Michaelis, Elise Mitchell, Terah Moxley, Daniel Murray, Jessica Nathan, Madhvi Patel, Keith Pillers, Kirk Pittard, Laura Anne Pohli, Luke Radney, Mark Rasmussen, Pamela Ratliff, David Ritter, F. Colby Roberts, Bryon Romine, Kathy Roux, Stacey Salters, Joshua Sandler, Matthew Sapp, Justin Sauls, Mazin Sbaiti, Mary Scott , Jared Slade, Thad Spalding, Jacob Sparks, John Stevenson, Scott Stolley, Elijah Stone, Amy Stowe, Adam Swartz, Ashley Swenson, Robert Tarleton, Paul Tipton, Michael Tristan, Tri Truong, Pryce Tucker, Adam Tunnell, Kathleen Turton, Peter Vogel, Suzanne Westerheim, Yuki Whitmire, Jason Wietjes, Sarah Wilson, Pei Yu DBA & DBF STAFF Executive Director: Alicia Hernandez Accounting Assistant: Shawna Bush Communications/Media Director: Jessica D. Smith Controller: Sherri Evans Events Director: Rhonda Thornton Executive Assistant: Liz Hayden Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewers: Marcela Mejia, Viridiana Mejia Law-Related Education & Programs Coordinator: Melissa Garcia Membership Director: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist: Grecia Alfaro Staff Assistant: Yedenia Hinojos DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Michelle Alden Managing Attorney: Holly Griffin Mentor Attorneys: Kristen Salas, Katherine Saldana Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Miriam Caporal, Tina Douglas, Zaporra Gonzales, Andrew Musquiz, Carmen Perales, Alicia Perkins, Karra Rybicki, Dominick Vallejo Program Assistant: Patsy Quinn Secretary: Debbie Starling Copyright Dallas Bar Association 2018. 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. 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.
April 2 0 1 8 â€
D al l as Bar A ssoci ati on l Headnotes 5
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
Column
A pri l 2018
Ethics
Ethical Responsibilities to Prevent Data Breaches BY STEPHEN ANDREW KENNEDY
Cloud computing offers an attorney the ability to access email and client data seamlessly on phones, tablets, laptops and even one’s watch. One can dictate privileged email and text messages to clients using services like Amazon’s Alexa or Google’s Personal Assistant. The client’s privileged communications can be read back to an attorney out loud or displayed on a host of devices. Smart TVs can automatically display new emails or texts from clients at the bottom of the screen while watching a movie or television program. But with these conveniences follows a host of risks and accordant responsibilities for the cloud-connected Texas lawyer. The Disciplinary Rules require that an attorney “keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.” DR 1.03(a). A lawyer is precluded from “knowingly . . . reveal[ing] confidential information of a client or a for-
mer client to . . . anyone . . . other than the client, the client’s representatives, or the members, associates, or employees of the lawyer’s law firm.” DR 1.05 (b). Tex. Ethics Op. 608 expressly allows an attorney to send privileged communications by email, while Ethics Op. 572 allows an attorney to give access to privileged information to contractors, such as a copy service. Since the time Ethics Opinions 572 and 608 were released, however, technology has changed, and the parade of announced data breaches from companies like Yahoo and Equifax is alarming. We learned in 2016 that every email hosted by Yahoo was compromised to the point that people’s names, login IDs, passwords, home addresses and other identifying information was distributed to hackers in the dark web. In 2017, we learned that Equifax, a prominent credit reporting agency, was hacked, exposing credit card information, credit scores, social security numbers, and home addresses of at least 145.5 million people. Amazon, Google, and Apple are among the targets for hackers
LAW DAY LUNCHEON ~ Honoring our State & Local Judiciary ~ Friday, May 4, Noon at Belo Keynote Speakers: Representative Pete Sessions Representative Mark Veasey Interview by DBA President Michael K. Hurst Tickets at www.dallasbar.org or email lhayden@dallasbar.org. Major Sponsor: Law Pay (www. lawpay.com/dallasbar)
hungry for more private data. One of these companies could easily be making the next big data-breach announcement in 2018. Using third-party email and data hosting services expands the boundaries of an attorney’s obligation to maintain confidentiality under DR 1.05. Ethics Opinions 608 and 572 should not be a basis for the lawyer to do nothing to further protect privileged client communications given that data breaches and clever hacks are exposed every day. Email that provides end-to-end encryption for privileged information is the best option to protect communications. An alternative is to use a Word or PDF document to express the privileged communication, encrypt the document with a password known to the attorney and the client, and then send the encrypted document as an attachment to the email. If your firm has its own email and data servers, confirm that the servers adopt standard protocols for protecting data. An attorney should inform clients about email services that use end-to-end encryption to protect out-bound electronic communications for confidential information. The storage of client data in the cloud
presents additional responsibilities. Many third-party licensing agreements include terms that the third party “owns the data” stored on its servers. Access to client confidential information could be terminated, and the data deleted, due to failure to pay the Licensor. Transferring ownership of client confidential information to a third-party cloud provider will be considered a knowing disclosure of privileged information and a direct violation of DR 1.05. The attorney should conduct due diligence on the thirdparty hosting company before entering into an agreement and confirm that no transfer of data ownership occurs through the terms and conditions of the license agreement. Put simply, the cloud-computing attorney has ethical obligations of due diligence, including an obligation to know the terms and conditions of third-party agreements for storage of data in the cloud before transferring client information to the provider. The attorney must also take adequate precautions to protect electronic email communications with clients. HN Stephen Andrew Kennedy is the Managing Partner of Kennedy Law, L.L.P. He can be reached at skennedy@saklaw.net.
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April 2 0 1 8
D al l as Bar A ssoci ati on l Headnotes 7
Centrisys Congratulates Ryan Law Partners LLP
Andy Ryan
Lead Trial Counsel andy@ryanlawpartners.com
RJ Giglio
Second Chair rj@ryanlawpartners.com
$ 1.8 Million Plus Fees Sought Zero Bucks Given Andy Ryan and RJ Giglio of Ryan Law Partners LLP won a two-week jury trial in New Hampshire for Centrisys Corporation, a manufacturer of high-performance and Made in the USA centrifuges. The jury both cleared Centrisys of liability to the plaintiff and found that there had been no damage from any alleged wrongdoing. Based on the jury verdict, the judge then dismissed the plaintiff’s Consumer Protection Act claim. “Centrisys put us in the position to win,” Andy said. “Their employees are honest and credible. Their centrifuges work. And the plaintiff’s case fell apart when it tried to prove otherwise.” Michael Kopper, Centrisys’s CEO, credits his lawyers’ trial skills: “Andy and RJ were meticulously prepared, and it showed. Andy’s closing argument was thunderous. After five years in litigation, it was gratifying to finally hear someone tell our side of the story.” Ryan Law Partners LLP is a trial, investigations, and compliance boutique with offices in Dallas, Texas, and Washington, DC. To learn more, visit www.ryanlawpartners.com.
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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
Focus
A pri l 2018
Intellectual Property / Science & Technology Law
What’s a “Patent Pending” and What’s It Worth? BY LARRY KELLY
You have likely heard the Sharks on the TV show Shark Tank ask inventors if an invention is patented. The answer, “I have a patent pending,” has made some Sharks more interested in the inventor’s pitch. Should they be? What is the meaning and worth of “patent pending”? “Pending” is a United States Patent and Trademark Office (USPTO) administrative status indicating an application has been given a filing date, but no patent has been issued, and the application has not been abandoned. While the average application pendency is two years, pendency can last a decade or more. Perhaps unknown to the Sharks, only about fifty-two percent of pending utility patent applications receive a patent. Thus, whether a Shark with a “pending” patent ever obtains an
issued patent amounts, in effect, to a coin toss. Further, the “pending” status does not convey rights to file an infringement suit. So, if you answered that a “patent pending” status is nearly worthless, you might be right—regardless of the fact that getting the application into pending status may cost an applicant at least $1,720. An issued patent’s value includes exclusive rights to make, use, sell, or offer to sell an invention in the United States (or import it into the U.S.) during the patent’s term. A utility patent’s term runs from the date the patent issues until twenty years from the filing date. Further, if the patent is issued, the patent holder may then enforce “provisional rights,” which extend retroactively back to a portion of the time the patent was “pending” and award a reasonable royalty from one who, with notice, infringed the claimed invention between the date of publication
Dallas Bar Association’s Fireside Chat with Dallas Police Chief U. Renee Hall Monday, May 21, 2018 Noon - 1:00 p.m. at Belo Mansion MCLE: 1 Hour RSVP: jsmith@dallasbar.org Sponsored by the DBA Public Forum/Media Relations Committee
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Agenda 12:10 – 12:30: Opening Remarks: Dallas Bar Association President Michael Hurst and State Bar of Texas President Tom Vick 12:30 – 1:10: Keynote Address: Chief Justice Carolyn Wright 1:15 – 2:15: Judicial Fireside Chat: Judge Jane Boyle and Justice Eva Guzman, moderated by Justice Doug Lang 2:15 – 2:30: Break 2:30 – 3:30 Morris Harrell Professionalism Panel: Kim Askew, Dean Royal Furgeson, Harriet Miers, and Roy Stacy, moderated by Ashley Jones Wright 3:30 – 4:30: General Counsel Panel: Stephanie Zapata Moore, Theis Rice, and Sandra Phillips Rogers, moderated by Patrick Long 4:30– 6:00: Reception sponsored by Dallas Bar Association, Dallas Bar Foundation, Dallas ABOTA, AlixPartners, and the Inns of Court
of the application for such patent until the patent issue date. The publication date occurs eighteen months after the application-filing date. Additionally, marking “patent pending” on the invention or its packaging fulfills the required notice. Therefore, a patent pending for a decade before it issues could be worth eight-and-a-half years of reasonable royalties. So, if you answered that a “patent pending” is worth years of reasonable royalties, you might be right. However, enforcement of patent rights requires a civil suit. Awards from a patent infringement suit may include injunctions, damages not less than a reasonable royalty for use made of the invention by the infringer, together with interest and costs, and possibly enhanced damages and attorney’s fees. Damages are computed from the date an infringer continues infringement after receiving notice of the infringement. Notice may be made by a legal action for infringement, or constructively by marking “pat.” and the patent number on the invention or its packaging. However, a patent’s value is tempered by the challenges of winning at trial or in settlement or licensing in lieu thereof. Further, it may be years before receiving any payments, which may be significantly less than the damages claimed. For example, a $1.52 billion award to Alcatel-Lucent for a patent infringement of an MP3 related utility patent by Microsoft was overturned on appeal. Similarly, a $120 million award to Apple for infringement by Samsung
was overturned on appeal and Samsung was awarded over $150,000 in countersuit for infringement by Apple of a Samsung patent. Another consideration is the likely possibility of a challenge to the patent’s validity. Recently, only four percent of petitions for review proceedings of issued patents to the U.S. Patent Trial and Appeal Board ended with a final written decision upholding all the claims in the issued patent. Since 1981, in nearly seventy-eight percent of the ex parte reexaminations of patents, claims in the patents were either cancelled or narrowed to avoid invalidation. The cost of infringement litigation also factors into a patent’s value. Median litigation costs for an infringement suit asserting damages of $1 to10 million are $1.7 million. For suits asserting damages below $1 million, litigation costs average $800,000. So, a small operation’s attempts to enforce a patent may face a “bet-the-farm” proposition. In summary, the challenges to gaining value from a “pending” patent, and from gaining value from enforcing an issued patent are many and significant. Therefore, even if a Shark senses blood in the water when they hear “patent pending,” it does not mean the applicant is guaranteed to make a killing. This article gives only an overview for utility patents. Qualifiers apply, including plant and design patent differences. HN Larry Kelly is an associate at Yee & Associates, P.C., and can be reached at lkelly@yeeiplaw.com.
April 2 0 1 8 â€
D al l as Bar A ssoci ati on l Headnotes 9
10 H e a d n o t e s l D a l l a s B a r A s s ociation
Focus
A pri l 2018
Intellectual Property / Science & Technology Law
Why Is It Legal to Trademark Racial Slurs, But Not Pot? BY JUSTIN S. COHEN
Federal trademark law is governed primarily by the Lanham Act of 1946. Named after Texas Democrat Fritz G. Lanham, who represented part of Tarrant County from 1919 to 1947, the Act allows words and symbols to be registered as trademarks with the U.S. Patent and Trademark Office (PTO) if they meet certain criteria. Registration confers substantial benefits to trademark owners, such as nationwide rights and the right to stop the importation of infringing goods at the border. Every trademark registration has two parts—the mark (the word or symbol) and the goods or services associated with the mark. For over 70 years, nearly any word or symbol was eligible to become a registered trademark, except for those that “disparage” people or were deemed “immoral” or “scandalous.” The restrictions were eliminated in two 2017 court decisions. It is
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now possible to register racial slurs, swear words, and pornographic images as trademarks. Marijuana, however, stands alone. That is because registration is limited to goods and services that are lawful under federal law—and marijuana is not. So while the word “marijuana” could be registered as a trademark for selling T-shirts, Pfizer cannot register its name as a mark for selling cannabis-based medical products. In June 2017, the U.S. Supreme Court eliminated the Lanham Act’s ban on disparaging marks. Matal v. Tam was a lawsuit brought by Simon Tam, who unsuccessfully tried to register the name of his Asian-American dance-rock band, The Slants. Mr. Tam and his bandmates are Asian and are trying to “reclaim” the racial slur. In ruling that the Lanham Act’s “disparagement” restriction violated the First Amendment’s Free Speech Clause, the Supreme Court held that “[s] peech that demeans on the basis of race,
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ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate.’” So, racial slurs can now be registered trademarks. It also ended the Washington Redskins’ 25-year trademark dispute with Native Americans. In December of 2017, the Court of Appeals for the Federal Circuit followed the Supreme Court’s lead and tossed the Lanham Act’s bans on “immoral” and “scandalous” trademarks in In re Brunetti. Erik Brunetti—the founder and owner of an edgy clothing brand called FUCT— was denied a registration for the company’s name. The court agreed with the PTO that the purported name is a ‘phonetic twin’ of a similar profane word that dictionaries “uniformly characterize as offensive, profane, or vulgar.” The Federal Circuit reversed the PTO, holding that “[t]he trademark at issue is vulgar” but the First Amendment protects “private expression which is offensive.” So most of George Carlin’s Seven Dirty Words still cannot be repeated on television, but those words can become registered trademarks. Which brings us to what may be the final frontier of trademark registration— marijuana. Texas and 29 other states have legalized some form of marijuana. Cannabis products are available to most of the U.S. population, and sales for 2018 are expected to hit $11 billion. In February, Texas’ first licensed medical cannabis business—Compassionate Cultivation—began selling cannabis-derived medical products formulated and tested to
treat patients with intractable epilepsy. Its cannabis products are legal under Texas’ Compassionate Use Act. Compassionate Cultivation could register its name for selling T-shirts, but it cannot register the same mark for the goods it is actually selling—cannabisderived medical products. As discussed in the TTAB’s In re PharmaCann LLC decision, this oddity of trademark law is because under the Lanham Act, registration is limited to goods and services that are lawful under federal law. All forms of marijuana and cannabis-derived products are Schedule I drugs under the Controlled Substances Act. Schedule I drugs are defined as those with no accepted medical use and a high potential for abuse (e.g., heroin). Schedule I drugs are completely illegal under federal law. Meanwhile, cocaine is a lesser classified Schedule II drug, and thus one can obtain a registration for selling cocaine. Brand loyalty builds businesses, and branding is critical in emerging markets. But because of the federal laws affecting marijuana, companies selling cannabisbased products are being denied the benefits of trademark registration. So a racial slur can be a registered trademark for selling cocaine, but Compassionate Cultivation cannot register its name for cannabisbased medical products that treat epilepsy. Nevertheless, a multibillion-dollar medical marijuana industry remains hopeful that it will one day be treated equally with pornographers under the Lanham Act. HN Justin Cohen is a partner at Thompson & Knight and can be reached at justin.cohen@tklaw.com.
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April 2 0 1 8
D al l as Bar A ssoci ati on l Headnotes 11
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12 He a d n o t e s l D a l l a s B a r A s s ociation
Focus
A pri l 2018
Intellectual Property / Science & Technology Law
Fashion Law: Taking the IP Runway by Storm BY TIFFANY A. JOHNSON
Fashion related lawsuits, particularly involving intellectual property law, have taken courts by storm. In 2017, even the U.S. Supreme Court heard arguments in a landmark fashion related lawsuit, Star Athletica, L.L.C. v. Varsity Brands, Inc., in which the high court applied copyright law to the fashion industry and ruled that design elements can be copyrighted. The billion-dollar fashion industry has demonstrated great interest in understanding how to apply intellectual property law to fashion-related designs and ideas. Here are some helpful questions that fashion designers, retailers, and manufacturers can consider when determining whether copyright, patent, and/or trademark (including trade dress) protection is available for their fashion-related products or ideas. What elements do copyrights protect in the fashion industry? Copyright protection extends to fashion designs including prints and images; decorative elements, such as, jewelry; and can even apply to photographs and fabric patterns. Copyrights are inexpensive, last for 70 years after the life of the creator for individuals and 95 years
after publication or 120 years after creation for corporations (whichever occurs first). Copyrights can provide adequate protection against copycats and are being increasingly utilized by fashion companies and retailers. What elements do patents protect in the fashion industry? Utility patent protection extends to fashion items that meet the same criteria as other patentable subject matter including new, useful, and nonobvious inventions. Design patent protection extends to ornamental designs for new and original inventions. For example, utility patent protection may extend to a new closure for a handbag, and design patent protection may extend to a new shoe design. Utility patents can be expensive and take years to get granted, but they last for 20 years. Design patents are not as expensive as utility patents and last for 14 years from the issue date if filed prior to May 13, 2015 or 15 years from the issue date if filed on or after May 13, 2015. What elements do trademarks protect in the fashion industry? Trademarks protection extends to names, logos, images, and other source identifiers. Trade dress is an extension of trademarks and can protect the appearance of fashion items. For
example, a trademark can protect the name Christian Louboutin® and the red-sole of a Christian Louboutin shoe when the redsole contrasts in color with the shoe upper. Trade dress can protect the configuration of a handbag or the configuration of components of a handbag. As long as marks are in use in commerce, trademarks and trade dress have an indefinite life. How quickly is intellectual property protection needed, and what is the expected life of the fashion item? Typically, fashion items or fashion lines are manufactured and sold by season. Whether spring, summer, fall, holiday, or another season, the life of a fashion item may be limited to a particular season. Thus, there may be reasons for considering one type of intellectual property protection over others to prevent infringement of fashion items. Copyrights and trademarks can be granted faster than patents. While design patents can be granted faster than utility patents. A benefit that filing patent applications can provide is that the fashion item is considered patent pending from the moment the patent application is filed, which may deter some potential infringers or counterfeiters. Are all knockoffs of fashion items ille-
gal? It depends. Fashion items or fashion designs may be “knocked off” if the original is not needed for the copy, such that the design of the original does not indicate the source of the product. For example, if you are in New York City and spot a handbag that appears to be a Coach® handbag including the same name, virtually identical packaging, and virtually identical logos, then you are likely eyeing an illegal knockoff. However, if you visit a retailer and notice a handbag that appears to have a similar cut and construction to a Coach handbag but has a different fabric pattern or a material of better quality than a Coach handbag, then it is unlikely the retailer is selling a knockoff. What steps should be taken to prevent an alleged infringer from infringing a fashion item? Initially, fashion companies and retailers suspecting infringement can consider sending a cease and desist letter to the alleged infringer. A preliminary injunction or temporary restraining order can also be helpful. If litigation is pending, especially if the stakes are high, a damages expert can provide helpful cost analyses. HN Tiffany A. Johnson is an associate at Klemchuk LLP. She can be reached at tiffany.johnson@klemcuk.com.
Are Your Clients Ready for GDPR on May 25? CONTINUED FROM PAGE 1
applies to them. Further, GDPR articulates fundamental privacy rights. The data subject has a
Ben Abbott Ben Abbott & Associates Randolph D. Addison Addison Law Firm P.C.
right to control how his or her data is being used, which requires controllers or processors of PD to seek consent on how the data is processed or transferred inside and outside the EU. See Art. 12-22. Several rights
Hon. Bonnie L. Goldstein 44th District Court Cecily S. Gooch Vistra Energy
Glynis W. Redwine The Redwine Law Firm Gary R. Rice Gary R. Rice, P.C.
Micah Adkins The Adkins Firm, PC.
John A. Hallman Simon Greenstone Panatier Bartlett, PC
S. Theis Rice Trinity Industries, Inc.
James Beggs Beggs Law Firm
James J. Hartnett, Jr. The Hartnett Law Firm
Michael L. Riddle Middleberg Riddle Group
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Elise Healy ELISE HEALY + ASSOCIATES pllc
David Rost Haynes and Boone, LLP
William W. Camp Camp Law Group
Christina Heddesheimer Haynes and Boone, LLP
Mary B. Campbell Law Office of Mary B. Campbell
Kathleen E. Irvin Attorney at Law
J. Scott Chase Farrow-Gillespie & Heath LLP
Justice Tom James Attorney at Law Kristina N. Kastl Kastl Law, P.C.
Nicolas Chavez Chavez & Valko, LLP
Justin Martin Godsey - Martin, P.C.
Wm. Kevin Cherry Cherry Petersen Landry Albert LLP
Sawnie A. McEntire Parsons McEntire McCleary & Clark PLLC
C. Ryan Curry Fletcher, Farley, Shipman & Salinas, LLP
Mike McKool McKool Smith P.C.
David A. Eldridge Holman Robertson Eldridge P.C. Al Ellis Sommerman, McCaffity & Quesada, L.L.P.
Nancy A. Nasher NorthPark Development Company Laura R. O’Hara Strasburger & Price, LLP Robert H. Osburn Robert H. Osburn, P.C.
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may become cumbersome for controllers and processors to manage, such as the right to the deletion or erasure of records, commonly known as “the right to be forgotten”. See Art. 17. Another principle is the right to restriction of processing, which is an individual’s right to restrict the way his or her data is processed. See Art. 18. Tracking data related to these rights may become cumbersome or time intensive for businesses. Additionally, GDPR creates a legal requirement that controllers and processors must enter into contracts that contain language that they are in compliance with GPDR, and outline their obligations. See Art. 28. Controllers and processors must have technical safeguards in place to monitor how the data is being processed. See Art. 5-6.
How Prepared Are We?
For many impacted companies, GDPR preparations are still underway. Many businesses are still seeking guidance on compliance, and some companies may not fully implement a compliance plan until well into 2018. Delaying preparation is a mistake. A recent study from Trend Micro, Inc., a global leader in cybersecurity, found that C-suite executives are not approaching the
regulation with the seriousness required. Trend Micro found that 95 percent of business leaders know they need to comply with the regulation. However, by May 25, 2018, Trend Micro predicts that less than 50 percent of businesses will be in full compliance with GDPR requirements. Of those surveyed, the following percentages show that C-suites executives are unaware that the following information is personal data: 64 percent are unaware that a customer’s date of birth is PD, 42 percent unaware email marketing database is PD, 32 percent unaware that physical address is PD, and 21 percent unaware customer email list is PD. These results indicate that businesses are not prepared. Regardless, PD provides hackers with all they need to commit identity theft. Any business not properly protecting this information is at risk of a fine. In the coming months, engaging legal counsel with expertise in privacy and security matters, including GDPR, will be key for US companies to meet their legal compliance obligations. HN Robert J. Scott is the managing partner at Scott & Scott, LLP and can be reached at rjscott@scottandscottllp.com. Stephen F. Pinson is an associate at the firm, and can be reached at spinson@ scottandscottllp.com.
Charles W. Shewmake Thompson & Knight LLP David A. Shuttee Republic Title of Texas Inc. Darryl J. Silvera The Silvera Firm Randall O. Sorrels Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz Richard C. Vint Exxon Mobil Corporation Peter S. Vogel Gardere Wynne Sewell LLP Hon. Ernest B. White 194th District Court Donald P. Wiley Attorney & Counselor
SIGN UP FOR THE 2017 DBA 100 CLUB! What is the DBA 100 Club? The Dallas Bar Association 100 Club is a special membership recognition category given to firms, agencies, law schools and organizations that have 100% membership in the Dallas Bar Association. What is the cost to join the DBA 100 Club? It’s FREE! How do you join? Firms, government agencies, and law schools with two or more lawyers as well as corporate legal departments may qualify for the DBA 100 Club if all attorneys are a member of the Dallas Bar Association. To join the 2017 DBA 100 Club, please submit a list of all lawyers in your Dallas office to Kim Watson, kwatson@dallasbar.org. We will verify your list with our membership records and once approved, your firm will be added to the 2017 DBA 100 Club membership list! What are the perks? Our 2017 DBA 100 Club members will be recognized in Headnotes, the 2018 DBA Pictorial Directory and receive a Certificate of Appreciation as well as recognition at our Annual Meeting in November. JOIN TODAY!
April 2 0 1 8 â€
D al l as Bar A ssoci ati on l Headnotes 13
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
Focus
A pri l 2018
Intellectual Property / Science & Technology Law
Enforcing Intellectual Property Without Triggering Litigation BY KELLY J. KUBASTA AND TREY PARHAM
Your client is irate! A competitor has copied its product, and justice demands that the competitor be swiftly and ruthlessly brought to justice “no matter the cost” … that is, until you calmly explain to your client what that “cost” may actually be. Suddenly, the client’s definition of justice may be a bit more flexible. Sound familiar? What is next in this scenario? When an intellectual property (IP) owner becomes aware of a potential infringer, carefully considering the first step for enforcement is critical to how the potential dispute will be resolved and at what cost. Because the threshold for establishing declaratory judgment jurisdiction is quite low, a cease and desist (C&D) letter may unintentionally trigger a lawsuit forcing the IP owner to pursue claims in an unfavorable jurisdiction. Moreover, many IP disputes do not merit the costs of litigation, regardless
of jurisdiction. It is therefore important that both client and attorney consider all potential avenues for initiating enforcement using a strategy that is most likely to lead to a resolution that is a “success” for the IP owner. Choosing the best enforcement strategy depends on factors such as: (a) value and importance of the IP to the client; (b) financial resources of the client/ competitor and willingness to risk those resources; (c) resolutions acceptable to the client (e.g., injunction, monetary damages, license); (d) timeframe for resolution; (e) scope of infringement by the competitor; (f) risk-tolerance for the uncertainty of litigation; and (g) desire to set a precedent for other potential infringers; and many others. In short, there is no “one size fits all”
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strategy—rather, a careful assessment of the totality of circumstances should shape the strategy. The first step in IP enforcement can take any number of forms, including: a friendly businessperson-to-businessperson phone call (or an attorney-to-attorney phone call); a “notice” letter advising of IP but making no allegations of infringement; a “cease and desist” letter alleging infringement and making demands; or a filed lawsuit. Of course, there are also many other potential variations. In extreme scenarios, the enforcement strategy may be clear. Consider, for example, an Etsy shop selling t-shirts bearing the client’s copyrighted photograph. Most likely, a C&D letter will resolve the matter, with minimal risk that the Etsy shop would initiate a declaratory judgment action. The primary consideration is whether to demand immediate cessation or to permit an inventory selloff period, and whether monetary compensation will be required. At the other extreme, consider a direct competitor of substantial size selling a knock-off of the client’s “crown jewel” product. An aggressive strategy involving an immediate lawsuit is likely appropriate. The more challenging enforcement scenario is the middle ground. For example, a client with multiple product lines discovers a single infringing product with an annual revenue of a few hundred thousand dollars—enough to hurt, but not enough to fund a patent litigation through trial. The enforcement strategy ideally grabs the attention of the infringer and leads to a prompt resolution. One possibility is to file a lawsuit but not formally serve, and to subsequently send a demand letter enclosing a courtesy copy of the lawsuit. This strategy sends a mes-
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Your Attorney Search Directory | (214) 321-3238 www.legaldirectories.com
5301 SPRING VALLEY ROAD | SUITE 200 | DALLAS, TEXAS 75254
sage of aggression and lays the groundwork for a favorable jurisdiction, but still indicates a willingness to communicate before commencing all-out litigation. Of course, this is just one of many possibilities, but illustrates that the first step in IP enforcement can help shape the path to resolution. One recent example of a brilliant “outside the box” IP enforcement strategy involved the Bud Light “Dilly Dilly” advertising campaign. When AnheuserBusch InBev (Bud) learned that a Minnesota craft brewery planned to launch a Double IPA using the brand “Dilly Dilly.” Bud could have crushed the small infringer. Instead, hours after the launch, Bud sent a fully-costumed town crier to the brewery’s headquarters to read a medieval-themed cease and desist letter from a scroll. The video can be seen at: https://www.youtube.com/ watch?v=hCvPtSxxVkU. In a final flair, Bud not only permitted the brewery to sell off the “limited edition, one-time only run” but also provided the brewery with two tickets to the Super Bowl. Needless to say, the video went viral and Bud turned a standard IP enforcement into a tremendous marketing success. In summary, while it may be tempting to both client and attorney, employing a “ready … fire … aim” strategy is risky— potentially triggering an unwanted fight that can be incredibly costly and lengthy. Every scenario is different when enforcing IP, and care should be taken to craft an enforcement strategy that closely matches the needs, expectations, and resources of the client. HN
ValueScope, Inc. We Measure, Defend, and Create Value (817) 481-4997 www.valuescopeinc.com
Wendy Ward Roberts & Associates Court Reporting & Video (972) 494-2000 www.texascourtreporters.net
As of March 7, 2018
Register for the Pro Bono Golf Tournament at www.dallasbar.org.
April 2 0 1 8 â€
For our 25th birthday, we gave ourselves a new name. And a new name partner. A quarter century of helping victims is something to celebrate. So is working with a talented lawyer like Ladd Sanger. We’re proud to announce that Ladd has become a name partner of the firm and will help lead us into the next 25 years.
Slack Davis Sanger LLP // 800.455.8686 // slackdavis.com
D al l as Bar A ssoci ati on l Headnotes 15
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
A pri l 2018
28th ANNUAL DFW FRAUD CONFERENCE
PROFESSIONAL SEMINAR 2018 Featuring Chris Hoyt PRESENTED BY:
Join hundreds of anti-fraud professionals for a day of education and networking.
MAY 4TH 2018 • PLANO EVENT CENTER
Thursday, May 10, 2018 8:00am to 11:30am
Conference Pricing (Early Registration ends April 15th): $250 for DFW Chapter Members $300 for Non-Chapter Members $250 for Government • Educators
Up to 8 hours of CPE credits available, including break-out sessions, and the option of 2 hours of ethics. The course in ethics fulfills the requiments for both MCLE and ACFE ethics. *additional MCLE approvals pendings
Conference Pricing after April 15th: $325 for DFW Chapter Members $375 for Non-Chapter Members $325 for Government • Educators
Communities Foundation of Texas 5500 Caruth Haven Lane, Dallas, Texas 75225 $90 Registration
Group Registration for 5 or More: $250 for both Chapter Members and Non-Chapter Members
Topics of Discussion:
FREE Half-year membership (Fall 2018) included in Non-Chapter Member Rate!
I. Retirement Assets for First and Second Marriages: Let the Fun Begin II. Income Tax Savings with Charitable Bequests: IRD and Income-based Bequests III. So, You Wanna Be a Philanthropist?
KEYNOTE SPEAKER
Credits pending: CPE/CFP 3-hour credit, MCLE 3-hour credit
Eric O’Neill - Former FBI Agent with the Information Assurance
No prerequisite required
Division, Cyber-Security Expert, and inspiration for the film Breach
FRIDAY MAY 4TH 2018
Special Thanks to our Sponsors:
Seating is limited. Register today! To register, or for more information, visit www.CFTexas.org/Seminar2018 or call 214.750.4145
Registration 7:00 am • Program 7:55 am Breakfast and Lunch Provided • Reception To Follow
MAJOR SPONSOR:
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Our local knowledge spans the globe RSM and our global network of litigation consulting professionals specialize in working with global, national and regional law firms. This focus leads to custom insights designed to meet your specific case challenges. Our experience, combined with yours, helps you move forward with confidence to reach even higher goals.
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Texas Trial Procedure and
evidence Texas Trial Procedure and evidence addresses The common issues ThaT arise ThroughouT The various Phases of Trial including wiTh hearings, jury selecTion, oPening sTaTemenTs, direcT and cross examinaTions, closing argumenTs, deliberaTions, verdicT, judgmenT, and PosT-judgmenT moTions. sPecial rules governing bench Trials, exPediTed Trials and jusTice
courT Trials are also covered.
rsmus.com/litigation About the Authors
Jim Wren has more than 30 years of trial experience and has joined Baylor Law School’s full-time teaching faculty. He is board certified in Civil Trial Law and in Personal Injury Trial Law (by the Texas Board of Legal Specialization), and in Civil Trial Advocacy and Civil Pretrial Practice (by the National Board of Trial Advocacy).
Jim Wren
RSM US LLP is the U.S. member firm of RSM International, a global network of independent audit, tax and consulting firms. Visit rsmus.com/aboutus for more information regarding RSM US LLP and RSM International.
Jeremy Counseller
Jeremy Counseller is a Professor of Law at Baylor University School of Law, where he teaches Texas and federal procedure and evidence. He previously served as a law clerk to the Honorable Reynaldo G. Garza of the United States Court of Appeals for the Fifth Circuit and as an associate in the trial section of Bracewell & Patterson, LLP (now Bracewell & Giuliani, LLP).
To order, call 1.800.756.8993 or visit www.TexasLawyerBooks.com
April 2 0 1 8
Focus
D al l as Bar A ssoci ati on l Headnotes 17
Intellectual Property / Science & Technology Law
The Top Five Patent Myths BY SCOTT SAMPLE, PH.D.
1. MYTH: Owning a patent gives the owner the right to use, make, sell, or import the invention. FACT: A patent gives the patentee the right to exclude others from using, making, selling or importing the patented invention. The patent grant is a negative right that paradoxically gives a patent owner the right to exclude others from using his invention but does not give him the affirmative right to use it himself. Other patent owners can also exercise their right to exclude others, including the patent owner from practicing his invention if his product falls under their patents. The converse is also true. For example, assume Jim has a patent that claims a chair has a seat, a back, and four legs. Another patentee, Kelly, has a patent that claims a rocking chair has a seat, a back, four legs, but additionally, also two curved rockers. Assuming Jim and Kelly each make chairs under their respective patents, Kelly’s rocking chair infringes Jim’s “chair” patent, since all the recited features of Kelly’s rocking chair are recited by Jim’s patent claim. Consequently, Kelly would need to license Jim’s patent. Conversely, if Jim would like to make a rocking chair having the “two curved rockers” recited by Kelly’s patent, he would need to license Kelly’s patent. 2. MYTH: Ideas can be patented. FACT: Only inventions can be patented. Unlike ideas, inventions can be described in detail sufficient to teach others how to make and use the invention, whether it is a composition, product, process, or other category of patent-
able subject matter. A belief that an idea will work is not enough. On the other hand, a prototype is not required. In fact, waiting until a prototype is developed may delay filing for protection and could allow a competitor to win the race to the patent office. 3. MYTH: Patent rights are worldwide. FACT: Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region. An “international patent” is not available. While an international patent application may be filed under the Patent Cooperation Treaty (PCT) to streamline international filings, the PCT international application is converted to a domestic application in each designated national or regional patent office for examination in that country. For example, Grant and Heather coinvent a new surgical instrument and file a PCT application that designates the United States and China. The PCT application is subsequently converted to a U.S. application in the U. S. Patent and Trademark Office (USPTO) and a Chinese patent application in the China’s State Intellectual Property Office. Upon allowance, a U.S. patent and a Chinese patent will each issue and be enforceable in their respective country. 4. MYTH: Everyone who works on an invention is an inventor. FACT: An inventor is someone who has conceived of the invention, meaning she contributed to the means of accomplishing the invention rather than merely suggesting
a desired result. For example, someone who suggests “a spinning toy” is not an inventor. But someone who suggests a design for a finger spinner that comprises a body having a central finger placement area that joins a skirt balance means that extends radially outwardly and spins relative to the central placement area is an inventor. (For example, see U.S. Patent No. 5,591,062, now lapsed, to Catherine A. Hettinger). Importantly, inventorship is not the same as authorship. This is often confusing to academic researchers accustomed to adding colleagues and technicians as authors in thanks for their assistance. But inventorship is a legal determination and has important consequences. If a litigant can show that inventors were intentionally omitted or misidentified, a patent could be held invalid or unenforceable. 5. MYTH: A provisional patent is a “cheap” patent. FACT: A provisional patent application does not become a
patent. It merely provides a filing date for later-filed U.S. utility or foreign applications and allows an applicant to use the term “Patent Pending” regarding the invention. A provisional application expires in 12 months, cannot claim priority to an earlier application, and is not examined. A provisional application provides an earlier filing date to the extent it provides adequate support for claims of later-filed applications. Hence, a provisional application should be as thorough as possible as time permits in the race to the patent office. BONUS: Many non-IP attorneys understandably assume that “patent prosecution” refers to litigation but it does not. Rather, patent prosecution refers to the process of preparing, filing, and “prosecuting” a patent application through a patent office. HN Scott Sample is a partner at Culhane Meadows PLLC and can be reached at ssample@culhanemeadows.com.
Make an Investment in Dallas Hire a Summer Intern! Help students prepare for their future and commit your firm or legal department to at least one summer intern for 2018!
4 Weeks or 8 Weeks | Full or Part-time Available Competitive application and selection process. SLIP Committee Members interview & train students from DISD high schools that will be entering their Senior year.
www.dallasbar.org/summerlawinternprogram To sign up, contact kzack@dallasbar.org
FEDERAL & STATE CRIMINAL DEFENSE FEDERAL & STATE CIVIL TRIAL MATTERS
Knox Fitzpatrick ✯ Jim Jacks ✯ Bob Smith ✯ Mike Uhl ✯ Ritch Roberts 500 NORTH AKARD STREET, ROSS TOWER, SUITE 2150 DALLAS, TEXAS 75201-6654 | 214-237-0900 *Independent Law Offices
18 H e a d n o t e s l D a l l a s B a r A s s o ciation
A pri l 2018
Four Great Legal Billing Habits, and Three You Should Avoid BY AMY MANN
When it comes to self-improvement, most people aim for better diets, more exercise, or more sleep. Instead of going the traditional route, why not vow to improve your business and client relations this year by forming better billing habits? After all, your business thrives off of bills–if you do not get your billing right, you do not get paid. To help you start this year off on a strong financial note, we have compiled the best legal billing habits you should be practicing in 2018, as well as the billing habits you should break as soon as possible.
Great Legal Billing Habits
Perhaps the most fundamental skill for drafting good bills is being thorough. You want to record every task you have performed for your client’s case, including every major step along the way. Many legal professionals will record their tasks in 10-15 minute increments, with some going as detailed as six minutes at a time. In the next column you can see an example of what detailing a billing looks like. Record your tasks as soon as you complete them. Try to document work as soon as it is done, or as close to completion time as possible. If you delay, you may get distracted by another task and will not accurately remember the details. “A reminder hint I use when I cannot remember is to check your outgoing
email each day,” notes Claude Ducloux, attorney at law and director of ethics, education, and compliance at LawPay. “Your email is a terrific source of clues as to what you worked on during your busy day.” Use plain and simple language when describing your tasks. It is likely your clients will not be familiar with legal jargon or certain abbreviations. If they can easily understand the charges on their bill, there’s less of a chance they’ll contest them or find them suspicious. Maintain a consistent billing schedule. Plan a consistent time and date to send your bill out every month. This ensures your client can anticipate your
State of the State Bar Wednesday, June 6, 2018 Noon - 1:00 p.m. | Belo Mansion
bill in advance and pay it more promptly. The routine can also reinforce your own habits of recording your time diligently on a regular basis.
Bad Legal Billing Habits
Do not bill your client for time spent on routine office tasks. Though it is good to be thorough with your billing, do not go overboard with your charges. For example, you should not be record-
ing menial office tasks such as using a printer or a stapler. The cost of having and maintaining standard office supplies should come out of your own pocket, not your client’s. Do not sit on bills that are ready to be mailed out. When your bill is ready to go, do not delay sending it out. According to Jay Foonberg’s Client Curve of Gratitude, the longer you wait to send your bill, the less likely it will be paid on time (or at all). The best time to send out your bill is as close to Day Zero as possible. This way, the case is still fresh in their mind and payment for your services feels appropriate and warranted. Do not restrict your client’s ability to pay your bill. Studies have shown that 75 percent of people prefer to make their purchases by credit or debit card, including legal services. When you give your clients multiple options, you eliminate the chances of payment becoming difficult for them. By using an online payment solution designed specifically for the legal industry, your clients will always have an easy bill-paying experience. HN Amy Mann is the Content Writer for Lawpay. She can be reached at amann@affinipay.com.
Do You Want to Refresh Your Spanish? Spanish for Lawyers is the Answer! 10-Week Course Summer 2018 | $180 | April 2 – June 7, 2018 | 6:00 -7:30 p.m. All courses are a continuation of spring semester. For more information, contact Grecia Alfaro at galfaro@dallasbar.org or (214) 220-7447.
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Robert Bollinger is an associate with Holland & Knight LLP, who specializes in financial services. 1. How did you first get involved in pro bono? My first involvement in pro bono was in law school where I participated with a year-round clinic that provided legal services to not-for-profit corporations and other members of the community that could not otherwise access legal services. Since then, I have made it a priority to incorporate pro bono matters as a part of my practice.
2. What types of cases have you accepted? I typically accept transactional cases with a focus on wills, powers of attorney and related documentation. 3. Why do you do pro bono? Pro bono cases are among the most rewarding cases I work on in any given year and provide a nice contrast to the types of corporate finance matters that are the focus of my practice. I enjoy connecting with people and working with individuals to solve their real-life challenges is especially gratifying. 4. What impact has pro bono service had on your career? Pro bono service continues to have several positive impacts on my career including enhancing my knowledge, skills and abilities, as well as providing networking opportunities. The additional experience has also been helpful as I continue to develop as an attorney and build my practice. 5. What is the most unexpected benefit you have received from doing pro bono? The most unexpected benefit I have received from doing pro bono service was a series of referrals from one of my pro bono clients.
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
TLIE.org / info@tlie.org / (512) 480-9074
April 2 0 1 8
D al l as Bar A ssoci ati on l Headnotes 19
Classifieds
April
EXPERT WITNESS
Economic Damages Experts – HSNO is the Forensics Firm. Economic Damages Experts - HSNO is a CPA firm specializing in Financial Damages. The Dallas office of HSNO has five CPA testifying experts who specialize in the calculation of financial damages in most areas including commercial lost profits, personal lost earnings, business valuations, insurance litigation, intellectual properties and contract disputes. HSNO is qualified in most industries including, but not limited to; energy, manufacturing, hospitality, service, insurance, transportation, entertainment, product liability and construction. HSNO has 10 U.S. offices and an office in London. Contact Peter Hagen CPA CFF CEO at 972.980.5060 or go to HSNO.com. Economic Damages Experts - Thomas Roney has more than thirty 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, and business valuation matters. Mr. Roney and his experienced team of economic, accounting and finance experts can help you with a variety of litigation services. Thomas Roney LLC serves attorneys across Texas with offices in Dallas, Fort Worth and Houston. Contact Thomas Roney in Dallas/Fort Worth (214) 6659458 or Houston (713) 513-7113. troney@ thomasroneyllc.com. “We Count.”
OFFICE SPACE
Downtown Dallas – Two window offices with included secretarial space available, in the historic KATY Building overlooking the Old Red Courthouse and Kennedy Memorial. Receptionist, notary, phone system, conference room, wifi, fax and copier provided for tenants use. No deposit or lease required. Please inquire at 214/748-1948. Perfect Offices just East of Downtown in Lakewood Towers. 1-2 window offices with shared reception, conference, and break rooms. Free parking and Internet. Optionally furnished. Long or short term. Attorneys or Professionals. Flexible and friendly. 469-458-6255 www.BranumPLLC.com North Dallas - Hillcrest Road / LBJ Area: Day Rental Rates for Mediation Conference Space (includes professional office). Also, large attorney suite has offices available for monthly rental. Contact hicks@morganmediations.com or call 214-697-3537 for information. North Dallas - LBJ / Montfort. Executive Office Suites, external $650, internal $300. All inclusive: Receptionist, kitchen, garage parking, free guest parking, internet, WIFI, phone, conference room, coffee/water/ice, utilities, janitorial and maintenance. Contact Laura at:
email laura@5580midtown.com or (214) 888-2800. Professional office suites for lease in Uptown State Thomas area. Restored Victorian home circa 1890 w/ hardwood floors throughout. Shared conference room. 2608 Hibernia Street, 1 block from McKinney Avenue Whole Foods. Lawyers preferred. $750-$850/month. Includes phone & internet. Phone 214-987-8240. Executive office space available for lease in a professional Legal environment, in uptown. Share office space with experienced and established lawyers. Case referrals and other case arrangements are possible. Amenities include: Bi-lingual receptionist, fax and copy machines, two conference rooms, two kitchen areas and plenty of free parking. Location is convenient to all Dallas Courts and traffic arteries. Please call Rosa 214-696-9253 for a tour. McKinney Avenue. Office with secretarial area available at 4054 McKinney Avenue. Shared conference room, break room, copier, fax, DSL & phone equipment are available if needed. No long term commitment and a monthly rate of $800.00 for the furnished or unfurnished large office and $300.00 for the furnished secretarial office. Possibility of overflow Real Estate or Civil Litigation work. Call 214-520-0600. Uptown. 4054 McKinney Avenue has one suite available with 1275 sq. ft. The space has reception, conference and secretarial space. Located across from Cole Park with surface parking. One year terms with flat rates are available. Possibility of overflow Civil Litigation work. Call 214-520-0600. Lee Park Area - newly remodeled building with executive office space available for lease in a professional, legal environment. Two large executive window offices available (furnished or unfurnished) to share with experienced and established lawyers. Separate areas available for assistants or para-professionals. Three bench seat spaces available for daily or short term use, if desired. Referrals and other case arrangements are possible. Amenities include reception area, telephone, fax and copy machines, Wi-Fi, notary, conference room, kitchen area, covered visitor parking, and free secured office parking. Location convenient to Dallas courts, downtown, and all traffic arteries. Please contact Judy at (214) 740-5033 for a tour and information. 75 Central & Forest Lane. Johnson English Law Center – Merit Tower Office Space. For lease – Sleek, contemporary office space: 12222 Merit Drive – 12th Floor. Nine conference rooms, lobby with receptionist/mail service, high speed internet, library, spacious breakroom…plus parking and workout facilities are complementary! Come take a look – Contact arobinson@englishpllc.com or 214-528-4300. Virtual Office – Available Immediately! Contemporary office space, 12222 Merit
‘Bar None’ Auditions Tuesday, April 3 ~ 5:30 to 7:00 p.m. ~ Belo Mansion Auditions for Bar None XXXIII: Suemanji: Welcome to the Courthouse will take place April 3 at Belo! All who audition will be cast. The Bar None show, to be held at the Greer Garson Theater June 13-16, benefits the Sarah T. Hughes Diversity Scholarships. If you have been in the show before, you do not need to audition again. Questions? Contact Bar None’s Director, Martha Hardwick Hofmeister, at (214) 780-1400 or martha@marthasnet.com.
Drive, Suite 1200, offers nine conference rooms, receptionist, internet service, mail service, parking, fully equipped breakroom. $300 monthly fee – competitive rates! Email Amy at arobinson@englishpllc.com or 214.528.4300. Grapevine - Available Rent / Purchase. In the quaint historic village of Grapevine, elegant office condos with attractive arts/ crafts styling each with a mahogany-lined elevator adjacent to Grapevine Recreation Center/Library/Conference Center & TEXRAIL station connecting Fort Worth/ Dallas/DFW airport. 1400 or 2800 sq. ft. per unit. Contact Debra Perryman 817235-6819 or Sam Laub 408-313-4233.
POSITIONS AVAILABLE
Are you ready to take the keys and own your own law practice? Palmer & Manuel, PLLC is different. We are a team of experienced attorneys who own and run our own practices, keep 70% - 95% of our fees, and pay a fixed, reasonable monthly overhead to professional management to handle administrative matters so we can focus on practicing law. See our website at www.pamlaw.com or contact Larry Chek, Jeff Sandberg or Rebecca Manuel at 214-242-6444. Personal Injury Defense Attorney Position: 2 years minimum experience in personal injury defense litigation. Other requirements: Please do not be afraid of hard work. You have to be able to laugh at yourself, but never at others. Lose the ego. Treat the staff like you would treat your best client. Be willing to do things our way and don’t throw people under the bus. The Bassett Firm provides competitive salaries and exceptional benefits. Interested applicants send resume to nmenchaca@thebassettfirm.com. Dallas Family Firm that helps people through divorce with empathy and unyielding representation seeks associate with 5+ years’ experience. Email resume to christina@katielewisfamilylaw.com; subject line should be your last name in all caps plus one word that describes you. Downtown Defense Firm – Experienced Associate. Downtown mid-sized defense litigation firm looking for associate with 5+ years’ experience. Practice areas include overall defense litigation, premises liability, automobile, trucking and subrogation (both workers’ compensation and ERISA). Must have good communication skills, solid writing ability, be able to work independently and with others, and have experience working with insurance companies. Great opportunity for a motivated, self-starting individual. Please submit resume and salary requirements to dwoodard@downsstanford.com. Construction & Personal Injury Defense Litigation. Established medium sized AV-rated law firm in downtown Dallas needs an associate attorney with two to four years of litigation experience. This position entails working on construction defect and personal injury litigation. Principal duties include interacting with clients, preparing reports, legal research, drafting and arguing legal motions including motions for summary judgment, handling discovery, attending hearings, taking depositions, and assisting in trying lawsuits. Energetic work environment offers substantial responsibility at competitive compensation plus bonus program. Other benefits include 401(k), medical and life insurance, and parking. Replies held in confidence. Reply via e-mail to personnel@tbjbs.com. Commercial Insurance Litigation Attorney. Small, highly-respected, downtown Dallas, insurance coverage/defense firm seeks 4-5yr+ attorney with solid commercial insurance coverage/coverage litiga-
tion experience. Ideal candidate has significant experience with CGL insurance, particularly construction defects. Portable business and insurance defense litigation experience a plus, but not required. Reasonable billable hour expectation allows for good lifestyle balance. Excellent benefits (health insurance, 401k, parking). Salary negotiable. Email cramsey@ schubertevans.com or call 214-744-4400. Retained Counsel General Liability Attorney. Seeking an independent contractor insurance defense attorney to work on a wide variety of litigation including insurance defense, casualty defense, premises, auto, commercial litigation, products liability, and general negligence litigation in the Dallas and Houston areas. Requirements: Admission to Texas State Bar and the U.S. District Courts of Northern District and Southern District of Texas; 4 years of general litigation experience; and insurance defense experience including in negligence, products and premises liability, property damage and automobile accident litigation. Send resume and references to: texaslawfirm01@gmail.com. Retained Counsel, Employment Law. Seeking an independent contractor attorney to work on a wide variety of employment litigation, and charges of discrimination in State and Federal Courts, and before governmental agencies in the Dallas and Houston areas. Requirements: Admission to Texas State Bar and the U.S. District Courts of Northern District and Southern District of Texas; 4 years of employment litigation experience; and experience before the EEOC/TWC and state and federal courts. Send resume and references to: texaslawfirm01@gmail.com. Paralegal Position. Langley LLP is a National civil trial, commercial bankruptcy, and appellate firm that represents Fortune 500 and middle-market industry leaders in disputes throughout the United States. Surety and Construction. Please send resume for paralegal position to kcrisler@lllp.com. Responsibilities: Assists lawyers and works directly with clients. Qualifications: Bankruptcy experience a plus; Experience drafting, cite-checking, and correcting legal briefs (trial and appellate); Proficiency with Document Review Software (Summation, Relativity, Concordance, etc.), Excel, pivot tables and statistical analysis programs; and Familiar with electronic storage information, issue coding meta data. Work by The Firm’s Core 5 Principles: 1. Err on the side of over-communication, both internally and externally. 2. Two minds are better than one – the corollary is you can make any mistake you want, as long as we have not made it before. 3. Own your work – anything worth doing is worth doing right. 4. The harder you work, the luckier you get. 5. Perfection is strived for, but never achieved – improvement is always the goal. Email resume to kcrisler@l-llp.com.
SERVICES
Contract bookkeeping services, from HR services and payroll preparation to financial review and adjustments. Get the integrity and work ethics of a CPA, without the worry of providing benefits. email libender@att.net or text 214-460-5329. Immediate Cash Paid For Diamonds and Estate Jewelry. Buying all types of jewelry and high end watches. Consignment terms available @ 10-20 % over cash. For consultation and offers please call J. Patrick (214) 739-0089. Credentialed Forensic Genealogist & Attorney – hire an experienced attorney and credentialed forensic genealogist to ethically find next of kin and missing heirs for intestacy, probate, guardianship, property issues, and more. Reasonable hourly rate. See www.ProfessionalAncestryResearch.com. Wanda Smith, 972-836-9091.
20 H e a d n o t e s l D a l l a s B a r A s s o ciationâ€
A pri l 2018