Dallas Bar Association
HEADNOTES |
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Focus | Entertainment, Art & Sports Law
March 2019 Volume 44 Number 3
2019 Fellows Justinian Award Winner: Nina Cortell BY ANNE JOHNSON
Debra and E. Leon Carter
Debra and E. Leon Carter Share Their Blessings with DVAP BY MICHELLE ALDEN
Longtime supporters of the Equal Access to Justice Campaign, Debra and E. Leon Carter stepped up this year to lead the list of donors at the $50,000 Champion of Justice Level. E. Leon Carter is a principal at Carter Arnett. The firm serves clients around the world in a full range of litigation matters, including commercial disputes, antitrust, employment, securities, premises liability, product liability, serious personal injury, theft of trade secrets, and more. Carter Arnett offers the highest quality work product on par with the nation’s largest law firms, but with the specialized attention, fee flexibility, and courtroom experience that only a boutique firm can offer. The Carters have been married for over 35 years and have two adult children and twin granddaughters. Their commitment to the EAJ Campaign is truly impressive, as they have contributed a total of $131,050 to legal aid for the poor since 2010, while Carter Arnett has contributed $27,500 since 2012. “Debra and I truly believe that equal justice is not only an ideal worth pursuing, but it is a spiritual mandate imposed on each of us. For that reason, it is paramount that access to justice is available to everyone. Being dispassionate or disinterested in the cause of justice not only has a dramatic effect on certain portions of our population, but our entire community as well. That is why we will continue to support DVAP’s EAJ Campaign,” Leon stated. The Equal Access to Justice Campaign is the annual fundraising campaign which supports the activities of the Dallas Volunteer Attorney Program (DVAP). The Carters’ gift makes it possible for DVAP to continue to provide and enhance legal
aid to the poor in Dallas, keeping the doors to the courthouse and our overall justice system open to many more people in our community. Since 1982, DVAP has provided, recruited, and trained pro bono lawyers to provide free legal aid to the poor in Dallas. Last year, a 16-member staff supported over 3,000 volunteers in their efforts to assist at legal intake clinics and advise and represent clients. The problem of access to justice in Dallas County is one that DVAP works to correct every day. In a country based on justice for all and access to our court system, over 25 percent of Dallas County residents live near the poverty level, and 42 percent have slim hope of being able to afford an attorney. With annual poverty incomes of $32,187 for a family of four, justice is a luxury for low- and moderate-income families. DVAP’s volunteer attorneys are able to make a profound difference in the lives of low-income people in Dallas County, often only by donating a few hours of their time. Did you know that there are people in Dallas County who are unable to continue their education due to name disparities between their birth certificates and other forms of identification? “Chris” was a young man who received a college football scholarship, but the university was unable to release the scholarship to him because of an error in his name on his birth certificate. Financially strapped, Chris was unable to hire an attorney to help him. A DVAP attorney stepped in, worked with the university, determined what was needed, and obtained a court-ordered name change in time for Chris to enroll in school. Chris was able to start continued on page 8
More than four decades into her pathbreaking legal career, Nina Cortell still draws inspiration from her mother’s excitement over becoming a U.S. citizen after World War II. A refugee of Nazi Germany, Anneliese Amelie Feibel was forced to flee as a teenager, bearing the scars of the horrors she witnessed in her native country and the loss of her parents at Auschwitz. “The enormous pride she felt in becoming a U.S. citizen and the high regard she held for our country and legal Nina Cortell system were palpable and infectious,” Nina recalled. Anneliese and her husband, Walter Cortell, who also emigrated from Germany and served in the U.S. Army in World War II, raised Nina in Dallas, stressing the values of education, hard work, and selfdetermination. They instilled in Nina a strength of character that enabled her to blaze trails at her law firm and in the Texas appellate bar, while also raising a family and working tirelessly to mentor young lawyers and promote greater diversity in the profession. In addition to her parents, Nina credits Haynes and Boone, where she has worked her entire career, for mentoring her and giving her the platform to accomplish so much. When she graduated from the University of Texas Law School in 1976, it was very difficult for women to land jobs at corporate law firms in the state—regardless of the candidates’ credentials. She often recounts her great luck in meeting Dick Haynes at a 1974 recruitment interview, which led to a summer clerkship, a permanent offer, and the opportunity to work with such great lawyers as Dick, Mike Boone, and George Bramblett. Nina was the first female lawyer at Haynes and Boone. She became a formidable litigator, trying many lawsuits with Mr. Bramblett and growing Haynes and Boone’s litigation department in size and reputation. In 1989, she joined the
firm’s fledgling appellate practice and quickly distinguished herself thanks to her impressive skills as a writer, oral advocate, and strategist. Nina’s list of landmark victories is long, and her list of devoted clients is longer. She helped obtain a ruling from the Texas Supreme Court overhauling the Texas public school finance system and has scored impressive wins in state and federal courts on behalf of clients such as American Airlines, AT&T, ExxonMobil, CitiGroup, Matador Resources Company, and NextEra Energy. Lawyers who have worked with Nina over the years all say the same thing—she is the complete package. In the words of Dallas trial lawyer Jeff Tillotson, “opposing counsel get depressed when she is hired on the other side. They know they are up against the very best.” But perhaps Nina’s greater legacy has been her role in building Haynes and Boone’s nationallyrecognized appellate group, which owes much of its success to Nina’s model of excellence and superior client service. Her ability to attract and develop legal talent has not gone unnoticed by clients. “Nina has used her talent not only to further her own career, but also to further the careers of others,” wrote ExxonMobil Counsel Charles Beach in 2005. “She has allowed the lead junior attorney to be the main contact with me. Unlike many attorneys who jealously guard their relationships with major clients, Nina has shared her relationship with ExxonMobil for the benefit of others.” It is little surprise that the appellate group that Nina helped start 30 years ago now boasts nine Chambers-recognized appellate partners—more than any other previously recognized Texas law firm. Beyond mentoring generations of lawyers at Haynes and Boone, Nina has worked diligently throughout her career to make the legal profession more open and hospitable to women and minorities. continued on page 6
Inside 8 Supporting Justice in the Tapestry of our Community 12 Art Law for Collectors: What Did You Buy? 18 Lawyer Beware: Is Your Client Really a Client? 20 Meet Your New Judges: Civil & Criminal
DBA MEMBER REMINDER: All members who have not yet renewed for 2019 will be dropped on March 15, 2019! Renew TODAY in order to continue receiving all your member benefits. Thank you for your support of the Dallas Bar Association!
2 He a d n o t e s l D a l l a s B a r A s s o ciation
March 2019
Calendar March Events MARCH 1-BELO Noon
FRIDAY CLINICS
“#SquadGoals – Creating a Social Media Policy and Compliance as a Team,” Emily Antram, Charles Gearing, Chandler Schmitz, Barry Sorrels, Will Stripling, and Gabriela Vega. (Ethics 1.00)* RSVP to yhinojos@dallasbar.org.
MARCH 8-NORTH DALLAS** Noon
“What Every Lawyer Should Know About the IRS,” Joel Crouch. (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. Directory photographer available 11:00 a.m.-1:30 p.m.
MARCH 15-BELO Noon
“Brief Writing for Dummies (Like Me),” Jonathan Bridges. (MCLE 1.00, Ethics 0.25) Oak Cliff Chamber of Commerce, 1001 N Bishop Ave, Dallas. RSVP to yhinojos@dallasbar.org.
FRIDAY, MARCH 1 Noon
Noon
Friday Clinic-Belo “#SquadGoals – Creating a Social Media Policy and Compliance as a Team,” Emily Antram, Charles Gearing, Chandler Schmitz, Barry Sorrels, Will Stripling, and Gabriela Vega. (Ethics 1.00)* RSVP to yhinojos@dallasbar.org.
MONDAY, MARCH 4
Tax Law Section “Current Debt/Equity Trends and Section 163(j) Update,” Sandra Gurijala, Chris Lallo, Lauren Meyers, and David Peck. (MCLE 1.00)*
TUESDAY, MARCH 5 Noon
Public Forum “How to Recognize and Stop Sex Trafficking in Dallas,” Vincent Luciano, Kim Robinson, and Jeoff Williams. At Frank Crowley Courthouse Central Jury Room. RSVP jsmith@dallasbar.org.
Corporate Counsel Section “The Role of Risk Analysis in Litigation Management,” Frank Scaglione. (MCLE 1.00)*
Tort & Insurance Practice Section “Frank Branson, on ‘Persuasion,’” Frank Branson. (MCLE 1.00)*
Morris Harrell Professionalism Committee
DAYL Solo & Small Firm Committee
Dallas Women Lawyers Association CLE
Employee Benefits & Executive Compensation Law Section “Executive Compensation Primer: The Who, What, When, and Why of 409A, 162(m) and 280G,” Angela Stockbridge. (MCLE 1.00)*
Solo & Small Firm Section “Clients Hate Surprises: The Ethics of Fee Agreements and Billing,” Jeanne Huey. (Ethics 1.00)*
Public Forum/Media Relations Committee
DAYL Judiciary Committee
DAYL Assisting Lawyers in Transition Program
Noon
and Defense Bar’s Perspectives: Rob Crain, Jim Grau, and moderated by Scott Self.” (MCLE 1.00)*
MONDAY, MARCH 11 Noon
Real Property Law Section Topic Not Yet Available
Peer Assistance Committee
DAYL Membership Committee
THURSDAY, MARCH 7 Noon
Transition to Law Practice Program Topic Not Yet Available
Publications Committee
St. Thomas More Society
DBA/DAYL Moms in Law. LUCK in Trinity Groves (3011 Gulden Ln, #112). RSVP rfitzgib@gmail. com.
FRIDAY, MARCH 8
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group Noon
6:00 p.m. DAYL Board of Directors Meeting
WEDNESDAY, MARCH 6
7:30 a.m. Intellectual Property Law Section “Strategies to Address Issues in Preparation and Prosecution of Patent Applications,” Sushil Iyer. (MCLE 1.00)* At Blue Mesa Grill, 14866 Montford Dr., Dallas
Business Litigation Section “Computer Fraud and Abuse Act, CLOUD Act, and Cyber,” Peter Vogel. (Ethics 1.00)*
Christian Legal Society
DAYL Animal Welfare Committee
Immigration Law Section “Removal Immigration Court Practice and Case Law Updates,” Belinda Arroyo and Danial Gividen. (MCLE 1.00)*
Dallas LGBT Bar Association
Home Project Committee
Legal Ethics Committee
6:00 p.m. J.L. Turner Legal Association
WEDNESDAY, MARCH 13 Noon
Family Law Section “Effects of Obergefel Decision on Parentage and Common Law Marriage,” Andrew Passons. (MCLE 1.00)*
Bench Bar Conference Committee
Summer Law Intern Program Committee
Dallas Asian American Bar Association
5:15 p.m. LegalLine. Volunteers needed. Contact sbush@ dallasbar.org. 5:30 p.m. Bankruptcy & Commercial Law Section “Recent Developments in Bankruptcy,” Hon. Harlin “Cooter” Hale, Rakhee Patel, and Gerrit Pronske. (MCLE 1.00)*
THURSDAY, MARCH 14
Christian Lawyers Fellowship
Noon
Friday Clinic-Belo “Mapping the Mind: Understanding How Stress Impacts Attorneys and Their Practice,” Dee O’Neill. (MCLE 1.00)* RSVP to yhinojos@ dallasbar.org. Co-sponsored by the CLE and Peer Assistance Committees.
Trial Skills Section “Trial Tips and Lessons Learned from the Plaintiff
DAYL Deal Boot Camp Committee
DAYL Lawyers Against Domestic Violence
FRIDAY, MARCH 15
MONDAY, MARCH 18
11:30 a.m. Intellectual Property Law Section “USPTO Practice Update,” John Cabeca, Molly Kocialski, Damian Porcari, Hope Shimbauku, and Robert Johnston, moderator. (MCLE 1.00)* Noon
Labor & Employment Law Section “Recent Trends in Reasonable Accommodation under the ADA and the Proliferation of Paid Leave Laws,” Katrin Schatz. (MCLE 1.00)* Senior Lawyers Committee
TUESDAY, MARCH 19
BENEFITING ACCESS TO JUSTICE
Noon
DVAP CLE “The Probate Plumber: How to Unclog the Flow of Assets Without a Will,” Jack Wilburn. (MCLE 1.00)*
Entertainment Committee
Community Involvement Committee
6:00 p.m. Dallas Hispanic Bar Association
WEDNESDAY, MARCH 20 REGISTRATION AT 11AM SHOTGUN START AT 1 PM FOUR-PERSON SCRAMBLE LUNCH & DINNER PROVIDED
THURSDAY, APRIL 18, 2019 Visit dallasbar.org for more details and to register.
THURSDAY, MARCH 21
Noon
Criminal Justice Committee
TO U R N A M E N T
5:15 p.m. LegalLine. Volunteers needed. Contact sbush@ dallasbar.org.
Government Law Section “The State of Transgender Litigation,” Thomas Brandt and Laura O’Leary. (MCLE 1.00)*
GOLF
Non-Profit Law Study Group
North Dallas Friday Clinic “What Every Lawyer Should Know About the IRS,” Joel Crouch. (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. Directory photographer available 11:00 a.m.-1:30 p.m.
27 Annual
TUESDAY, MARCH 12
CLE Committee
th
DAYL Lunch & Learn CLE
Appellate Law Section “Suing the State: A Discussion of Immunity on Appeal,” Mary Hazlewood Barkley. (MCLE 1.00)*
Noon
DALLAS BAR ASSOCIATION
Noon
11:30 a.m. Courthouse/Library Committee
“Mapping the Mind: Understanding How Stress Impacts Attorneys and Their Practice,” Dee O’Neill. (MCLE 1.00)* RSVP to yhinojos@dallasbar.org. Co-sponsored by the CLE and Peer Assistance Committees.
MARCH 22-OAK CLIFF Noon
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
Noon
Energy Law Section “Current Issues Under the Louisiana Law of Oil and Gas,” Pat Ottinger. (MCLE 1.00)*
Health Law Section “2019 False Claims Act Year In Review (Part 1 of a Two-Part Series),” Stacy Brainin, Chris Rogers, and Nicole Somerville. (MCLE 1.00)*
Law in the Schools & Community Committee
Pro Bono Activities Committee
3:30 p.m. DBA Board of Directors Meeting
FRIDAY, MARCH 22
8:00 a.m. Tax Section “Advanced Tax Workshop: A Post-Wayfair Deep Dive into Nexus.” Co-sponsored by the DBA & SBOT Tax Law Sections. For more information, email Anne Schwartz at annehschwartz@gmail. com. (MCLE 7.00)* Noon
Oak Cliff Friday Clinics “Brief Writing for Dummies (Like Me),” Jonathan Bridges. (MCLE 1.00, Ethics 0.25) Oak Cliff Chamber of Commerce, 1001 N Bishop Ave, Dallas. RSVP to yhinojos@dallasbar.org.
Intellectual Property Law Section “Trademark Boot Camp - Nuts and Bolts of Trademark Law for the Uninitiated.” Co-sponsored by SBOT IP Section and Texas Regional USPTO. (MCLE 3.00)*
MONDAY, MARCH 25 Noon
Securities Section “Ethics and Best Practices of working with Financial Consultants and Experts,” EJ Janik and Michael Stockham. (Ethics 1.00)*
Science & Technology Law Section “Cyber Threats and Real Losses: Insurance Products, Coverage Issues, and Risk Management Facts You Must Know,” Kara Altenbaumer Price, Toni Scott Reed, and Amy E. Stewart. (MCLE 1.00)*
Golf Tournament Committee
TUESDAY, MARCH 26 Noon
International Law Section “Brazil Under President Bolsonaro – New Opportunities and Challenges Under the New President,” Stephen Hevesi, Larry Pascal, and Ronaldo Veirano. (MCLE 1.00)*
Probate, Trust & Estate Law Section Topic Not Yet Available
American Immigration Lawyers Association
DAYL Lawyers Promoting Diversity Committee
WEDNESDAY, MARCH 27 Noon
Collaborative Law Section “C.H.A.O.S. - Where the Disciplines of Family Law and Mortgage Lending Converge,” John Snell. (MCLE 1.00)*
Entertainment, Art & Sports Law Section “Branding the Great Bambino,” Jane Leavy. (MCLE 1.00)*
Minority Participation Committee
DAYL Equal Access to Justice Committee
DVAP New Lawyer Luncheon. For more information, contact griffinh@lanwt.org.
Municipal Justice Bar Association
THURSDAY, MARCH 28 Noon
Criminal Law Section Topic Not Yet Available
Environmental Law Section “Topic Not Yet Available,” Mark Underwood. (MCLE 1.00)*
DBA CSF Board Meeting
DAYL CLE Committee
FRIDAY, MARCH 29 Noon
DBA/DAYL Moms in Law. Sixty Vines at the Crescent (500 Crescent Ct., Ste. 160). RSVP christine@connatserfamilylaw.com.
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.
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D al l as Bar A ssoci ati on l Headnotes 3
4 He a d n o t e s l D a l l a s B a r A s s o ciation
March 2019
President’s Column
Headnotes Published by: DALLAS BAR ASSOCIATION
“Did you know?” BY LAURA BENITEZ GEISLER
My relationship with the Dallas Bar Association goes back to 1997 when I started practicing law. For the first 10 years, the relationship was light and casual. It wasn’t that I didn’t appreciate all the DBA had to offer, but back then my primary relationship was with the Dallas Association of Young Lawyers (DAYL), not the DBA. My knowledge about the DBA back then was limited primarily to my first-hand observations or what I read in Headnotes. I started to learn more about the many layers and components of the DBA in 2007 when I served on its board of directors in my capacity as DAYL President. My days as a young lawyer were coming to an end and my perceived “generational gap” with the DBA was narrowing so I decided to get more involved. At this point in my DBA career, it is fair to say I have been involved with the organization at just about every level. But getting to know the many facets of the DBA took a while, so I thought I would share a few interesting things I have learned over the years that you may or may not know. For example, did you know: • The DBA was founded by 40 lawyers in 1873 and in 1947 was the state’s first bar association to incorporate. • Today, the DBA has approximately 11,600 members. • The Belo Mansion was purchased by the Dallas Bar Foundation in 1977 for $750,000. The Dallas Bar Foundation leases the Belo to the Dallas Bar Association. • Member dues make up 45 percent of DBA’s revenue. Other major revenue sources include facility rentals for non-DBA events, royalties from food and beverage sales, parking fees, and Headnotes ad sales. • There are 29 separate DBA committees that focus on service to the profession and public and 30 substantive law sections. Unlike committees, DBA sections have their own officers, bylaws, budgets, and bank accounts. • DBA sections and committees provide an average of 400 hours annually of free CLE as a member benefit. • The DBA Community Service Fund is a separate tax-exempt entity incorporated from charitable and educational purposes. The primary focus of CSF is to support DBA’s pro bono program (DVAP). • The Dallas Volunteer Attorney Program (DVAP) is a joint program between the DBA and Legal Aid of Northwest Texas (LANWT). There are 16 DVAP employees, 10 are employed by the DBA, and 6 are employees of LANWT. • In its 146-year history, the DBA has had 110 presidents. Among those, there have been 9 women, 2 African-Americans, and 1 Hispanic; 19 DBA presidents have served as president of DAYL (formerly Dallas Junior Bar). • Approximately 50 percent of DBA members work in offices with 10 or fewer attorneys. • 44 percent of DBA members have been licensed less than 10 years. • The DBA has roughly an equal percentage of members who are considered “Millennials” (born between 1981-1996) and “Baby Boomers” (born between 1946 and 1964). Together these two groups comprise approximately 60% of DBA’s total membership. I recently learned the last two points relating to the young lawyer membership demographics. While I do not profess to know everything DBA related, I do know that in order to fulfill our mis-
sion to support the legal profession it is important to listen to and support young lawyers so they can carry the mission forward. To that end, I have formed a President’s Millennial Advisory Committee. Serving on the committee are: Juan Garcia, student at SMU Dedman School of Law; Andy Jones, Sawicki Law; Katya Long, Godwin Bowman, PC; Nicole Munoz, Figari + Davenport, LLP; Jody Rodenberg, Sommerman, McCaffity, Quesada & Geisler; Brent Rubin, Carrington, Coleman, Sloman & Blumenthal, L.L.P.; Koi Spurlock, Parkland Health & Hospital System; Saba Syed, Bell Nunnally & Martin LLP; Charmaine Voorhees, Godwin Bowman PC;, and Ward Weber, Sorrels Haygood. I am excited about this group of dynamic and thoughtful lawyers. My sole intention in forming this group was to listen to what they have to say and hopefully lessen any perceived “generational gaps” that may exist between the DBA and younger lawyers. At our first meeting we discussed a wide range of topics including how generational gaps can lead to misunderstanding and frustration in the work place. When I asked what they wanted their older colleagues to know about Millennials, this is what they had to share: • “Despite any perceived differences, our values are much more aligned and alike than you think, including work ethic, fulfillment, and overall sense of purpose. Communication is key and we all have responsibility to try to listen and understand.” • “Our world is far more uncertain than it was for our parents. From student loan debt to the constant pressure to perform, we are working harder to get and keep the quality of life many of our parents take for granted. It is important they understand that and ask how they can help.” • “Millennial values do not seem so different than values of other generations. Instead, we feel more empowered to speak up and move toward those values. That should be celebrated, not minimized.” • “A desire for work-life balance does not mean we are not hard workers, we are smart workers.” • “We don’t hate kids. We have student loan debt.” • “Our ages range from 23 to 28, so yes, we remember life before cell phones and having to use phone books.” • “Many millennials are challenging the system, and that is a good thing. By casting aside dated values like prestige, millennials are looking for meaningful ways to enrich their lives and lives of others.” • “We entered the legal profession during one of the most difficult and challenging times for the legal market—vastly different from what many of our partners and shareholders inherited. We “assumed the risk” because our passion for the law, advocacy and success outweighed the foreseeable challenges. We are a generation of professionals who are not afraid to work hard and hustle in order to create and take opportunities and make unlikely outcomes achievable.” For the past 176 years, multiple generations of DBA members have worked hard to fulfill the organization’s mission to support the profession. From what I can tell there is not a generational gap in this shared value, it is something that has been passed down for well over a century. Young lawyers are the future of our profession. And did you know, they want to be heard—so let’s do our part to support the profession and listen to what they have to say. Who knows, you might discover the “generational gap” is just a perception. HN
LAW DAY LUNCHEON ~ Honoring our State & Local Judiciary ~
Friday, May 3, Noon at Belo
SIGN UP FOR THE 2019 DBA 100 CLUB! What is the DBA 100 Club? The DBA 100 Club is a special membership category that recognizes firms, agencies, law schools and organizations that give 100% membership support to the DBA! What is the cost to join the DBA 100 Club? It’s FREE! Keynote Speaker: Hon. Karen Gren Scholer U.S. District Court, Northern District
For tickets or more information, email lhayden@dallasbar.org. Major Sponsor: Law Pay (www. lawpay.com/dallasbar) Switch to LawPay at no cost and save up to 25% off standard credit card processing fees.
How do you join? Firms, government agencies, and law schools with two or more lawyers as well as corporate legal departments can qualify if all of their Dallas office attorneys are DBA members. To join the 2019 DBA 100 Club, please submit a list of all lawyers in your Dallas office to Kim Watson, kwatson@dallasbar.org. Once approved, we will add your organization to the 2019 DBA 100 Club member recognition list! What are the perks? Our 2019 DBA 100 Club members will be recognized in Headnotes, the 2020 DBA Pictorial Directory, and at our Annual Meeting in November. JOIN TODAY!
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: Laura Benitez Geisler President-Elect: Robert L. Tobey First Vice President: Aaron Z. Tobin Second Vice President: Karen D. McCloud Secretary-Treasurer: Ashlei Gradney Immediate Past President: Michael K. Hurst Directors: Vicki D. Blanton, Jonathan Childers, Chalon Clark, Sakina Rasheed Foster, Charles Gearing (President, Dallas Association of Young Lawyers), Rocio García Espinoza, Hon. Martin Hoffman, Krisi Kastl, Bill Mateja, Hon. Maricela Moore, Audrey Moorehead, Kathryne Morris, Cheryl Camin Murray (Vice Chair), Erin Nowell (President, J.L. Turner Legal Association), Javier Perez (President, Dallas Hispanic Bar Association), Sarah Rogers (President, Dallas Women Lawyers Association), Mary Scott, Jason Shyung (President, Dallas Asian American Bar Associations), Amy M. Stewart and Victor D. Vital Advisory Directors: Stephanie Gause Culpepper (PresidentElect, Dallas Women Lawyers Association), Isaac Faz (President-Elect, Dallas Hispanic Bar Association), Justin Gobert (President-Elect, Dallas Association of Young Lawyers), Andrew Spaniol (President-Elect, Dallas Asian American Bar Association), and Koieles Spurlock (President-Elect, J.L. Turner Legal Association) Delegates, American Bar Association: Rhonda Hunter, Mark Sales Directors, State Bar of Texas: Jerry Alexander, Rob Crain, David Kent, Gregory Sampson, 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: Andy Jones and Carl Roberts Vice-Chairs: James Deets 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 Dockery, Elisaveta (Leiza) Dolghih, Angela Downes, Sheena Duke, Charles Dunklin, Alex Farr, 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, 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: Viridiana Mejia, Marcela Mejia Law-Related Education & Programs Coordinator: Melissa Garcia Marketing Coordinator: Mary Ellen Johnson Membership Director: Kimberly Watson Projects Director: 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 Paralegals: Whitney Breheny, Miriam Caporal, Tina Douglas, Andrew Musquiz, Joel Paniagua, Carmen Perales, Alicia Perkins, Star Rodriguez, Dominick Vallejo Program Assistant: Patsy Quinn Secretary: Debbie Starling Copyright Dallas Bar Association 2019. 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.
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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
DBA Loses Past President Darrell Jordan STAFF REPORT
March 2019
Long-time DBA Receptionist Passes Away STAFF REPORT
The Dallas Bar Association lost its 73rd president on January 30, 2019. Darrell E. Jordan was president of the DBA in 1982. A native of Minneapolis, Minnesota, Mr. Jordan made his way to Texas to attend college at the University of Texas, where he played on the varsity basketball team. Upon graduation he went on to study law at Southern Methodist University, where he graduated in 1964 and was admitted to the bar later that year. He began his legal career as assistant city attorney for the City of Dallas, and then assistant district attorney for Dallas County under the leadership of Henry Wade. He later went on to private practice, specializing in the area of commercial litigation and banking. After practicing at law firms such as Dykema Gossett, Crutcher, Hull, Ramsey & Jordan and Hughes and Luce, Mr. Jordan was most recently a partner at Diamond McCarthy. For several years Mr. Jordan defended the Interest on Lawyers Trust Accounts (IOLTA) program against claims that the program was unconstitutional. He eventually prevailed in 2003 when he appeared before the U.S. Supreme Court and it ruled in a 5-4 decision that IOLTA programs do not violate the Fifth Amendment. Mr. Jordan served as a Director of the DBA from 1975-1983 before becoming President of the association. In addition to his DBA service, Mr. Jordan served as president of the State Bar of Texas in 1989-1990, was a member of the American Bar Association House of Delegates from 1986 to 1998, and was on its board of governors from 1995 to 1998. Prior to his presidency of the State Bar of Texas, he was a director of the organization from
Darrell E. Jordan
1983 to 1986. He was also a former president of the Texas Supreme Court Historical Society. Mr. Jordan was a Life Fellow of the American, Texas, and Dallas Bar Foundations, and was a Master of the Patrick E. Higginbotham American Inn of Court. He was board certified in Civil Trial Law by the Texas Board of Legal Specialization and was a member of the American Board of Trial Advocates. Mr. Jordan received numerous awards and recognitions, including being recognized as a Distinguished Alumnus of the Southern Methodist University Dedman School of Law in 2005, and receiving the Dallas Lawyers Auxiliary Justinian Award in 2000. In addition, Mr. Jordan had been designated a Texas Super Lawyer by Texas Super Lawyers® and Texas Monthly for the years 2003 through 2014. HN
We are proud to introduce our new partner, Emily Stout, to the CWL team.
Long-time Dallas Bar Association Receptionist, Teddi Rivas, passed away on January 24, 2019, after a hard-fought battle with cancer. Teddi retired from the DBA in June 2015 after 40 years of service. What began as a part-time position in the Lawyer Referral Service in 1975, became a full-time position in 1978, then transformed into a Receptionists position—where she served as the voice of the DBA until her retirement. Teddi saw the DBA through its transition from the Adolphus Tower and Hotel to the Belo Mansion, the renovations, and the Mansion Expansion. She worked with 40 DBA presidents and several DBA Executive Directors—starting in the 1970s with Jo Anna Moreland and ending with her retirement in 2015 with Cathy Maher at the helm. Though “Receptionist” in title, she wore many hats, including the coordination of over 400 CLE programs each year, serving as the staff liaison to the DBA Home Project Committee, coordinating the Spanish for Lawyers classes, assisting with address changes, dues posting, bank deposits, and much more. Teddi was a trusted and loyal friend to the Bar, its members and the staff. The staff (and some special members) could always count on her to bring home-made breakfast tacos in the morning along with home-made salsa. And, during the holidays Teddi always treated the staff to her home-made tamales.
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Teddi has always been an integral part of the DBA’s growth and its family. Her presence is one that will be greatly missed. Teddi is survived by her husband of 49 years Jose J. Rivas; her sons, Jose Rivas Jr., his wife Jennifer; Daniel Rivas, his wife Brenna; and daughter, Christina RivasFlores and her husband Alexander, 7 grandsons, 2 great granddaughters, and 8 siblings. Services for Teddi were held on Thursday, January 31, at St. Phillip’s Church. Those interested in passing along a note to the Rivas family may send them to the DBA Attention Grecia Alfaro. You can read her full obituary online at www.dignity memorial.com/obituaries/dallas-tx/theodora-tiodora-rivas-8138322. HN
2019 Fellows Justinian Award Winner: Nina Cortell CONTINUED FROM PAGE 1
To cite one example of her many efforts to promote diversity, she is a founder and the former president of the University of Texas Law School’s Center for Women in Law (CWIL), which was launched in 2009 and is the premier legal educational institution dedicated to the success of the entire spectrum of women in law—from first-year law students to the most experienced attorneys. Linda Chanow, the center’s executive director, stated: “Nina played an instrumental role in the creation of CWIL…. Her goal: creating a center with the capability of transforming a profession.” Nina always is quick to point out that the bedrock of her success, personally and
CRAWFORD WISHNEW LANG
Teddi Rivas
professionally, is her marriage of 43 years to Dr. Robert L. Fine, a renowned expert in medical ethics and palliative care, and the unsurpassed joy she has derived from raising three wonderful daughters and doting on her four grandchildren. Few of us achieve lasting professional distinction, let alone find the time to also serve as a role model, mentor, inspiration, philanthropist, and devoted wife, mother, and grandmother. Nina is the kind of person, not just the kind of lawyer, who we all aspire to be. I can think of no worthier standard bearer of the prestigious Fellows Justinian Award. H N Anne Johnson is an appellate partner in the Dallas office of Haynes and Boone, LLP, and serves on the firm’s Executive Committee.
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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
March 2019
Supporting Justice in the Tapestry of Our Community BY MICHELLE ALDEN
Did you know that there are low-income parents in Dallas County whose financial situations are made even more precarious due to a lack of child support and medical support for their children? Parents like “Veronica,” a 28-year-old cashier and mother, who struggled to support her four children. Veronica was married, but had not seen her husband for several years, and he had not supported his children emotionally or financially since he left the family. Veronica heard that the Dallas Volunteer Attorney Program (DVAP) might be able to help and applied at the West Dallas Legal Clinic. DVAP matched Veronica with a pro bono attorney who assisted her with obtaining a divorce, along with child support and medical support for her kids. The additional income she receives each month from the child and medical support makes a huge difference when she needs to buy groceries or take one of her children to see the doctor.
This case shows what a profound difference a volunteer attorney can make in a client’s life, sometimes with only a minimal investment of time on the case. Thanks to the help she received from her DVAP attorney, Veronica is now divorced, and her financial burdens have been eased. In order to assist people in need like Veronica, DVAP relies on the financial assistance provided each year by committed volunteers and supporters alike. Margaret and Jaime Spellings have generously contributed to this year’s Equal Access to Justice Campaign in the amount of $20,000. Margaret accepted several DVAP pro bono cases for full representation, and “after learning what a profound difference I could make in some-
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one’s life by donating just a few hours of my time, my husband and I wanted to further support DVAP’s work by becoming donors to the Campaign.” Why do others support DVAP? “I have made it a priority in my life to always give ‘a hand up’ whenever I am able. Equal access to justice gives those people who are at a financial disadvantage the legal help they need . . . help they would otherwise not be able to obtain on their own,” said Mike Myers, owner and Chairman of Myers Financial Corporation and the Chairman and CEO of Myers Bancshares, Inc. “At AT&T, we are committed to the bedrock proposition that everyone, regardless of need, should enjoy full access to our courts. Our Legal Department is again honored to support DVAP and its Equal Access to Justice Campaign,” added David R. McAtee II, Senior Executive Vice President and General Counsel of AT&T. The Dallas Association of Young Lawyers (DAYL) joins in by supporting DVAP and the Equal Access to Justice Campaign through its annual Wine Tasting. The Wine Tasting not only raises money for DVAP, but also serves as an opportunity to highlight DVAP, encourage young attorneys to volunteer their time by taking pro bono cases, and
congratulates our partner
Liza Farrow-Gillespie on the release of her book
A Voyage of Heart and Song Take time in the middle of life for your dreams. That is the message of this true, lighthearted adventure tale of a Dallas couple who in mid-career sold their house and cars, bought a boat, and sailed around the world.
Cover art by Christopher Elam
Author and attorney Liza Farrow-Gillespie tells of pirates, storms, sharks, cannibals, and – scariest of all – 24/7 exposure to her husband’s sense of humor. She also relates the joy and personal growth that can come from a zig and a zag along the path of a lawyer’s life.
Available at Amazon, Barnes & Noble, and Interabang Books © 2019 Texan Press, Inc.
Michelle Alden is the Director of the Dallas Volunteer Attorney Program. She can be reached at aldenm@lanwt.org.
Debra and E. Leon Carter Share Their Blessings with DVAP CONTINUED FROM PAGE 1
Farrow-Gillespie Heath Witter LLP
recognize a young lawyer for his or her contribution to pro bono service. “All residents of the Dallas area are an integral part of the tapestry of our community. Our community is stronger when the underserved have equal access to legal assistance, and the members of DAYL help to weave that into the tapestry,” said John VanBuskirk, DAYL Pro Bono Partners Committee Co-Chair. DAYL Equal Access to Justice Committee Co-Chair C.J. Donald added, “Any person who attends law school, takes the bar, and finds a job as an attorney is incredibly blessed. As attorneys, we have an understanding of the justice system that is otherwise difficult to procure. We support equal access to justice because we believe that America’s judicial system should be open to everybody, including individuals who do not share our advantages.” Mike Myers, AT&T, and the DAYL have all generously supported this year’s Campaign by contributing at least $15,000 to the cause. They are all long-time supporters of Equal Access to Justice and the Dallas Volunteer Attorney Program. Because of contributions from donors like Margaret, Jaime, Mike, DAYL, and AT&T, the Equal Access to Justice Campaign carries on successfully. These contributions allow DVAP to continue to assist thousands of clients every year—and provide opportunities for all the members of our rich Dallas community tapestry. HN
college on time and pursue his dream of a college degree. This case demonstrates exactly the type of “hand up” which can make a huge difference in someone’s life. The Carters are happy to play a part in providing assistance to our low-income neighbors. As Leon said, “Debra and I are blessed and we know that God expects us to be a blessing to others. We just pray that He continues to use us as His vessels to give back and bless others.” The commitment of Dallas attorneys and the DBA to the Equal Access to Justice Campaign is commendable. Since 1997,
the DBA and Legal Aid have joined forces to raise money for the program, with Dallas lawyers donating more than $14 million. DVAP is a joint pro bono program of the DBA and Legal Aid of NorthWest Texas. The program is the only one of its kind in Texas and brings together the volunteer resources of a major metropolitan bar association with the legal aid expertise of the largest and oldest civil legal aid program in North Texas. For more information, or to donate, visit www.dallasvolunteer HN attorneyprogram.org. Michelle Alden is the Director of the Dallas Volunteer Attorney Program. She can be reached at aldenm@lanwt.org.
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Focus
March 2019
Entertainment, Art & Sports Law
Don’t Get Defensive…It’s Only Fair Use BY DANICA L. MATHES
The words “fair use” tend to create an uncomfortable feeling in the pit of an attorney’s stomach—and often for good reason. This article will provide a brief overview of what to consider when walking the (sometimes) fine line between fair use and infringement.
Fair Use
The Doctrine of Fair Use existed as common law in the U.S. until codified in Section 107 of the Copyright Act of 1976, which states: Notwithstanding the [exclusive rights], the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In
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determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The Supreme Court views the Fair Use Doctrine as a means of balancing “the interests of authors and inventors in the control and exploitation of their writings and discoveries on the one hand, and society’s competing interest in the free flow of ideas, information, and commerce on the other hand.” The Court has said that fair use: (1) is a mixed question of law and fact, (2) the list of uses at the beginning of Section 107 is not exhausted and does not single out any particular use as presump-
Support the DBA Home Project Help us reach our goal of $90,000 to build our 29th house for Habitat for Humanity. For more information, log on to www.facebook.com/DBAHomeProject or contact Co-Chairs David Fisk (dfisk@krcl.com) or Mike Bielby (mbielby@velaw.com). Make checks payable to Dallas Area Habitat for Humanity and mail donations: c/o Grecia Alfaro Dallas Bar Association 2101 Ross Avenue Dallas, TX 75201
tively fair, (3) the fair use factors in Section 107 are not exhaustive, and (4) fair use is determined—and factors need to be weighed and balanced—on a case-by-case basis. It is also important to remember that fair use is an affirmative defense.
Is the Use Transformative?
In analyzing whether a use is a fair use, courts have made much of whether the use is “transformative” (or productive)— asking whether the use “adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message” (include additional text, audio, or video that comments or expands on the original material), as opposed to one which, “[r]ather than making some contribution of new intellectual value and thereby fostering the advancement of the arts and sciences, . . . is likely to be used simply for the same intrinsic purpose as the original” (merely reprint or repost a copyrighted work without anything more). The inquiry focuses on the use, not the user: “What use was made?” not “Who is the user?” Transformative uses are uses that employ the original for a different objective from the original. In other words, the question is whether the use results in some added benefit to the public (a “socially laudable purpose”) beyond that produced by the first author’s work. This transformation may involve: 1) an alteration of the authorial content; 2) no change in the form of the original, but a use that performs a valuable purpose; or 3) no change or alteration, but rather the presentation of the original intact in a
new context or with new insights. Although transformative use is not absolutely necessary, the more transformative the use is, the less will have to be shown on the remaining three factors. The Supreme Court has said that the effect upon the potential market for a work is “undoubtedly the single most important element of fair use”…but a “transformative” use or serving the public interest with a work can trump the commercial purpose of the new use or creative nature of original work.
Conclusion
As Mark Twain said, “Only one thing is impossible to God: to find any sense in any copyright law on this planet.” In the end, ascertaining whether something qualifies as a fair use requires a fact-intensive examination for each scenario. In order to formulate the proper advice for clients with “fair use” issues, in additional to analyzing the four fair use factors, it is important to weigh the costs of obtaining rights from the copyright owner against the unavoidable uncertainties that arise when asserting an intrinsically subjective and case-specific “fair use” defense. Given the litigation uncertainties surrounding a “fair use” defense (and quite apart from the ultimate merits of whether a given use is fair), it may, as a practical matter, be cheaper to obtain a license than to litigate. Even if the copyright owner refuses to license the work, seeking a license as part of a good-faith effort to avoid litigation should not weigh against a finding of fair use. HN
Danica L. Mathes is a branding and creativity partner at Bell Nunnally. She can be reached at dmathes@bellnunnally.com.
The Dallas Bar Association is excited to announce an upcoming CLE Abroad™ experience in Mexico City this coming May 2-5, 2019. We invite you and your guest(s) to join our private delegation for a journey through Mexico’s ancient history and present-day realities by exploring Mexico’s rich cultural scenes, from its vivacious art to savory culinary spectaculars. Our program will immerse us in the real Mexico by engaging with local scholars, attorneys, and artists who will offer insightful commentary on the Mexican legal and political system, US-Mexico relations, art, history, architecture, and religion. For those who wish to arrive early, we are also extending an opportunity to provide service and assistance to vulnerable migrants who are settling and beginning their process of local integration into Mexico City. You do not want to miss this weekend getaway and opportunity to experience the best of Mexico’s vibrant Capital City while receiving CLE credit! * To request a brochure and registration information, please contact Judi Smalling at jsmalling@dallasbar.org.
MEXICO CITY
MAY 2-5, 2019
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D al l as Bar A ssoci ati on l Headnotes 11
We’re ready to collaborate and prepared to litigate.
Left to right: Lené Alley DeRudder, Lindy Borchardt, Ashley E. Jones, Dawn Ryan Budner, Carla M. Calabrese, Lauren S. Harris, Natalia Duque
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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
March 2019
Entertainment, Art & Sports Law
Art Law for Collectors: What Did You Buy? BY MICHAEL HEINLEN
Imagine you just bought a painting from an emerging Texas artist. And as long as you are just imagining, let us say it is a life-size oil painting of Miley Cyrus as a cowgirl, inspired by Andy Warhol’s “Cowboy” Elvis. Aside from the enjoyment of owning such a unique work, what did you get and what can you do with it? Not as much as you might think. Buying art is not like buying other things. When you buy a hammer, for example, you are free to take a picture of it and post the picture on Facebook. You can use the hammer as a prop in ads for your law firm. You can paint the handle purple. You can even destroy it.
But when you buy a work of art, you might not be able to do any of these things. Copyright law, laws protecting rights of publicity, and the Visual Artists Rights Act all restrict what you are allowed to do with Cowgirl Miley.
Copyright
When you bought Cowgirl Miley, you acquired a painting that you can hang in your home or office, put in storage, or sell to someone else. Indeed, you are free (with certain exceptions discussed below) to dispose of the physical object as you see fit. Your rights in the image displayed on that object, however, are quite limited. Under the Copyright Act, the artist got a copyright in Cow-
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girl Miley the moment it was created, and unless explicitly granted to you in a signed agreement, the artist still has the copyright, which means the exclusive right to copy, prepare derivative works, distribute copies, and display it publicly. You, therefore, may not photograph Miley and post the photo on Facebook or place it on your website, as this would violate the artist’s exclusive rights to copy and display the work. Likewise, putting a picture of the painting in your holiday newsletter would violate the artist’s distribution right. It certainly cannot be used to decorate merchandise for sale, such as t-shirts or posters. Doing any of these things without the artist’s written permission is a copyright infringement and may require destroying any copies of the work and paying damages to the artist.
Right of Publicity
Now let us assume the artist granted you the right to make and distribute copies of Cowgirl Miley. Does this mean you can use the image to decorate a line of products for your casualapparel business? Unfortunately, no. Although you could include a copy of the painting in your holiday newsletter, the flesh-and-blood Miley Cyrus has an exclusive right—the right of publicity—to exploit her identity for commercial purposes, which prevents you from using her image for profit. While the laws vary in detail from state-to-state, the right of publicity generally prevents using someone’s name, image, or likeness for commer-
cial gain without permission. In Texas, it is illegal to use someone’s “name, voice, signature, photograph, or likeness” to sell products or services without permission during that person’s lifetime and for 50 years after death.
VARA
Your rights in Cowgirl Miley may be further restricted by the federal Visual Artists Rights Act, or VARA. VARA protects paintings, drawings, prints, sculpture, and limited-edition photographs by granting artists certain socalled “moral rights,” including the right to prevent the intentional modification of a work that would harm the artist’s reputation and, if a work is of “recognized stature,” the right to prevent its intentional destruction. Because it is a painting, Cowgirl Miley is a protected work, so as long as the artist lives, you may not modify it in a way that harms her reputation. You would risk violating the statute, for example, by cutting away part of the painting to make it fit better on your wall. Also, if Cowgirl Miley is deemed to be a work of “recognized stature,” you may not destroy it. As you can tell, the impact of VARA depends on the unique facts of each case. What might harm one artist’s reputation might have no impact on another’s, and a work’s “stature” may change over time. In any event, the safest course of action would be to respect the artist’s work and avoid modifying or destroying Cowgirl Miley. HN
Michael Heinlen is a partner at Thompson & Knight LLP. He can be reached at michael.heinlen@tklaw.com.
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The DBA hosted the Judicial Investitures of the eight new Justices of the 5th District Court of Appeals (above): shown with DBA President Laura Benitez Geisler, Corey Carlyle, Leslie Lester Osborne, Amanda Reichek, Erin Nowell, Ken Molberg, Robbie Partida-Kipness, Robert Burns, III, and Bill Pedersen, III; and of the Civil Courts (below being sworn in by Chief Judge Barbara M.G. Lynn): Bridgett Whitmore, Paula Rosales, Melissa Bellan, and Aiesha Redmond.
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D al l as Bar A ssoci ati on l Headnotes 13
Join Us in Welcoming Our New Health Care Attorneys Dr. Raymund King and Doris Dike Dr. Raymund King
Doris Dike
Raymund C. King, MD, JD is both a licensed physician and an attorney. For the past 20 years, however, he has focused exclusively on practicing health care law. In addition, Dr. King has extensive experience in preparing, deposing, and cross-examining medical expert witnesses.
Doris Dike, Esq., is a health care attorney whose practice focuses on regulatory compliance, contracts, health care operation audits, and Health Insurance Portability and Accountability Act (HIPAA) oversight. Mrs. Dike has developed and managed compliance programs that addressed government and industry requirements and their many implications. Her core areas of knowledge include risk assessments, Medicare and Medicaid law, the False Claims Act, the federal Anti-Kickback Statute and the Health Information Technology for Economic and Clinical Health (HITECH) Act.
Formerly featured in Forbes Magazine’s “Texas Legal Profiles,” Fortune Magazine’s “America’s Premier Lawyers,” and named a Texas Super Lawyer “Rising Star” in health care law, Dr. King represents a broad range of clients. On the health care side, his clients range from health care systems, ambulatory surgical centers (ASCs), urgent care centers, stand-alone emergency rooms, various health care providers/physician groups, pharmacies, pharmacy management companies, dentists, dental service organizations, and other health care entrepreneurs. Dr. King has published four legal texts, written several journal articles, and has delivered hundreds of presentations on legal matters for numerous local, national, and international organizations. Although Dr. King has litigation experience in medical malpractice defense and commercial litigation, he now focuses primarily on transactional law and regulatory compliance in health care law. His experience encompasses regulatory compliance, contracts, health care operation audits, and Health Insurance Portability and Accountability Act (HIPAA) oversight. Dr. King’s core knowledge in health care law includes risk assessments, Medicare and Medicaid law, the False Claims Act, the federal Anti-Kickback Statute, the Health Information Technology for Economic and Clinical Health (HITECH) Act, and the Affordable Care Act. Dr. King serves as outsourced in-house counsel to many health care companies, and he has extensive experience in health care entrepreneurial ventures. Dr. King attended college at the University of Dallas in Irving, Texas. He then attended the University of Texas Medical School at Houston (now called the McGovern Medical School.) After working his way through college and medical school as a professional magician and concert violinist, Dr. King practiced medicine for ten years as an Otolaryngologist/Head and Neck Surgeon in Oklahoma City, Oklahoma. He trained at the University of Oklahoma Health Sciences Center. Following his hands-on experience during the Oklahoma City Bombing in 1995, Dr. King changed careers and became an attorney. He matriculated at the Oklahoma City University. Dr. King now leverages his extensive medical and legal expertise to assist a wide range of clients, naturally focusing on health care law. Dr. King is a Fellow of the American College of Legal Medicine as well as the International College of Surgeons. He is also a member of the American Bar Association Health Law Section, the Dallas Bar Association Health Law Section, and the TIPS Tort Trial and Insurance Section. In addition, he is a member of the American Bar Association Sports and Entertainment Law Section. Dr. King is married with two children, and lives in Rockwall County.
During her years with the home health industry, Mrs. Dike served as an executive-level advisor, interpreting complex policies and educating corporate leadership on compliance requirements. She ensured that dozens of company locations across multiple states complied with processes and procedures consistently and effectively. This work also involved reviewing business association agreements, nurse practitioner agreements, hospice and private duty contracts, and new contract proposals from private payers. After receiving her Juris Doctor with a health law focus from the Washington and Lee University School of Law, Mrs. Dike began her legal career as a compliance officer at Nightingale Home Health Care in Carmel, Indiana, which has operations in eleven (11) states. She later joined INTREPID USA in Dallas, Texas, to serve as its regulatory compliance and contracts officer, overseeing compliance at 90 locations in twenty-five (25) states. Mrs. Dike is a member of the American Bar Association Health Law Section, the Dallas Bar Association Health Law Section, and the American Health Lawyers Association. Mrs. Dike resides in Collin County, Texas with her husband, who is a physician, and their two children (with two more on the way). She is also the sister of two physicians.
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Friedman & Feiger Honors and Accolades Congratulations to Janelle Friedman for being selected by the Dallas Business Journal to be a business mentor and considered to be one of the most influential women in the community. Janelle will participate in the upcoming “Bizwomen Mentoring Monday” event at the Tower Club. Congratulations to Jason Friedman for being selected D Magazine’s “2019 Best Lawyers Under 40” by his peers and the magazine’s editors and Super Lawyers’ 2019 Texas Rising Stars Award for Excellence in Practice. Shauna Izadi is named Texas’ Outstanding Young Women Lawyers as published in the January 2019 issue of Texas Monthly.
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Column
March 2019
Ethics
The Unwritten Ethical Rules of Litigators BY GENE DUBOSE
Of the making of ethical rules there is no end. The panjandrums of ethics have of late inundated us with changes and changes upon changes. But the written rules do not encompass the heart of what it is to be a lawyer. We must never forget that our license to practice law is a license to serve, not to mulct; and our goal is to make peace, not war. It is my observation, based on 49 years of practice, that there are unwritten rules that the best litigators observe. Here are some of them; there are certainly others. Rule 1: Thou Shalt Not Make of
Thy Client a Cash Cow. Most of us charge by the hour. When we settle a case, our fees stop. There is a temptation to keep a lawsuit alive to keep the fees flowing. That impulse must be most rigorously resisted. Worst case in my practice: during one of those periods when law firms were struggling to survive, a wealthy out-of-state client called me because he did not know why nothing was happening in a Tarrant County lawsuit against him. I discovered that his maximum liability was $40,000. He had hired a venerable Fort Worth firm that had charged him fees in excess of $190,000. Corollary 1: Thou Shalt Not Pile
Public Forum:
How to Recognize and Stop Sex Trafficking in Dallas Tuesday, March 5, Noon, Frank Crowley Courthouse (Central Jury Room) (133 N Riverfront Blvd, Dallas) Speakers: Vincent T. Luciano, II, Major, TDPS Criminal Investigations Division Kim Robinson, CEO, New Friends New Life Jeoff Williams, Major, TDPS Criminal Investigations Division Sponsored by the DBA Courthouse/Library, Public Forum/Media Relations Committee and the Criminal Law Section
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On. In some larger firms there is a tendency with a flush client to cluster lawyers and paralegals on the case. I recollect a case where I represented a bank, and my fees were $18,000. The Houston behemoth representing an institutional client had run up a bill of $92,000. At issue was a house worth $150,000. A friend, now deceased, had a rule of thumb: fees should never be more than 25 percent of what’s at stake. Corollary 2: Thou Shalt Not Transmute Thy Client’s Wrath into Gold. Angry people bring lawsuits. And angry people are easy pickings for unscrupulous lawyers. This is true in spades in divorce cases where a petitioner may not want a reasonable settlement but wants, rather, the stillbeating heart of his soon-to-be-exspouse in the palm of his hand. In a case I mediated a while back, the total fees charged by the two attorneys was $110,000. The total assets of the couple amounted to $100,000. My Brothers and Sisters of the bar, it ain’t all about the money. Honest. Rule 2: Thou Shalt Not Be an Instrument of Thy Client’s Wrath. Representing a client bringing a lawsuit, our task is to pour oil on troubled waters, not to light the oil once poured. Some clients, however, want only to inflict the greatest pain possible on the defendant. Given the enormous costs of litigation these days, merely filing a lawsuit will cause pain both fiscal and emotional. It is our job as counselors to cool our clients’ ire. We do not do vendettas. Rule 3: Thou Shalt Not Sue the Impecunious. Texas is the most debtor-
protective state in the Union. One’s homestead is 100 percent exempt from execution. Wages cannot be garnished. Since sale under a writ of execution will on a good day yield only ten percent of the purchase price of an asset, Texas’s $100,000 exemption from execution for a married couple will protect assets purchased for a million dollars. Wherefore this largesse? It lies in our history. Who would come to Texas before air-conditioning? Answer: Folks running from the law or from their creditors. At a practical level, this means that when taking on a case for a potential plaintiff, we must explain to our client how difficult it is to collect a judgment against the average Texan. The operative rule is: do not throw good money after bad. If your client nonetheless wants to bring the suit simply to cause the defendant grief, see Rule 2. More important, however, is that Texas’s humane policy protects the most vulnerable. The average Texan is unsophisticated; being sued terrifies him. In my experience, telling clients that they are judgment-proof does not quench the fear. I recently had a case where one of the defendants was a woman without assets, living on her Social Security payments, suffering from cancer, and fear-stricken that she was being sued for hundreds of thousands of dollars. Opposing counsel rebuffed my requests simply to dismiss her. Is it any wonder that the public at large does not respect our profession? HN Gene DuBose is an attorney at DuBose Legal Group, P.C. and can be reached at gene@duboselegalgroup.com.
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D al l as Bar A ssoci ati on l Headnotes 15
Entertainment, Art & Sports Law
Negotiating Contracts for Globally Traveling Performers. BY KEITH GRIFFIN
New York, London, Hamburg, Moscow, Tokyo, Los Angeles, New York— your client’s performance itinerary for the next four weeks. As the client’s attorney, it is your job to negotiate and draft the performance agreements between the client and each presenting company in each city. But, you are a lawyer, and negotiating and drafting agreements are part of your DNA. It is just a question of knowing the bullet points, and the industry standards for this fascinating business. Should you represent a performing artist, this is what to look for, what to demand, and what to request: Names of the Parties: It is particularly important to assure that the client’s name and address are completely accurate for the purposes of visas, airline security, hotel bookings, and most importantly, payments to the artist by check or wire transfer. What Will be Performed: Before signing any agreement, both the presenter and the artist should be absolutely clear as to what is to be performed (e.g., “Siegfried” in “Swan Lake”, or “Musetta” in “La Boheme”.) Virtually every performance will require rehearsals by the artist before the trip has even begun, so it is important that what is expected to be performed be what was rehearsed before departure (an issue that arises with surprising frequency). Dates of the Engagement: The agreement should clearly state the date(s) of the performance(s) in the presenter’s local time. It should also include the schedule for rehearsals at the venue itself and whether the artist is expected to attend any patron events. Most importantly, it must be clear as to what date the artist is expected to arrive at the host city and the date of departure, particularly if this will be a multicity or -country tour. You do not want to agree for the artist to be in two coun-
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tries at one time. Fees and Taxes: Of course, there should be an agreement as to what the artist will be paid. When will the payment be made? Will it be in U.S. Dollars or Euros? Will it be by check or wire transfer to the artist’s bank? And then, there is the issue of local taxes. The United States has entered into numerous treaties with various countries regarding whether an American citizen must pay taxes to a foreign country when money is earned in that country. The lawyer should refer to Tax Treaty Tables on the IRS website to determine what is required in each country to be visited. Usually, Form 8802 (Application for United States Residency Certification) must be sent by the artist to the IRS, which will in turn send the artist a Form 6166 (Certificate of United States Residency), for the artist to give to the presenter. This will allow the presenter not to withhold foreign taxes from the artist’s payment.
Note that it can take several weeks to receive the certification from the Internal Revenue Service, so the application should be made promptly. Visas: The artist is going to be paid in the foreign country for the performance, and therefore cannot travel on a tourist visa. Each country will have its own working visa requirements, and all visa applications will require a personal visit by the artist to that country’s consulate in the United States. Most consulates require that appointments be made for the application visit, so this also must be planned well in advance for each country. As a part of the agreement, the presenter should pay all fees for obtaining the visa. Travel and Accommodation: The presenter is always responsible for airfare and hotel accommodations. And as in most matters, the more famous the artist, the more can be demanded as to the level of these services. Performance Rights: If the music,
choreography, and recordings are not in the public domain, there must be an agreement as to who will pay for the licensing rights. Since these rights can get expensive, it is advisable to insist that they be paid by the presenter, with written confirmation to the artist. Publicity: How and where will the artist’s name be listed in the program? Will a video recording be made of the performance? If so, how will the recording be used? It is industry standard that any broadcast of more than three minutes must require an additional agreement with and payment to the artist. Finally, all contracts should include the usual clauses regarding force majeure, cancellation because of illness, and place for interpretation and enforcement of the contract—which, unfortunately, is always the place of performance. HN Keith Griffin is an attorney at The Griffin Firm, and can be reached at keithgriffin@griffinlegal.com.
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
Focus
March 2019
Entertainment, Art & Sports Law
The Legal Standpoint of Music Streaming and the Effect on Artists BY PRESCILLA ELIAS
The music industry evolves at such speed that consumers no longer use the same means of music consumption as the generation before. Arrival of the internet played a foundational role in shaping the music industry as we know it today. Online music downloading paved the way for music streaming in the digital marketplace. As the popularity of music streaming increases, its surroundings must properly adjust to the changing landscape.
Downloading vs. Streaming
The main difference between downloading and streaming is storage. When a song is downloaded, the data is copied and stored on a device. Consumers who download music usually enter into a licensing agreement with the distributor to limit the data’s uses. Streaming, on
the other hand, passes the data through a device, much like listening to a radio. Consumers do not receive a copy of the data, which means music streaming can only be used for consumption—not for redistribution, creation of derivative works, etc. The next big difference is the payment of royalties. Generally, revenues from music downloads are split into two parts, the wholesale price and the retail markup price. The fixed wholesale price, which includes master use and mechanical royalties, is paid to the rights holder. The retail price includes a percentage mark-up paid to the store. Most digital service providers pay royalties based on a percentage of their overall revenue, or the “rate per stream.” Streaming royalties include a performance royalty in addition to master and mechanical royalties. Master and mechanical royalties flow to the rights holder, which con-
sists of producers, publishers, mechanical licensing administrators, record labels, songwriters and artists. Performance royalties are collected by professional rights organizations, which provide intermediary functions for rights holders. The Music Modernization Act (or MMA) reforms music copyright to fit in the digital streaming age. The MMA is designed to facilitate efficient licensing of mechanical rights by providing blanket licenses to digital service providers and creating an online database to expedite proper payment of royalties to songwriters. Artists might also benefit from the MMA as it shifts the royalty revenue stream to ensure artists are compensated.
The Effect on Artists
Due to this legal framework, the music industry has become one where the moves are strategic, similar to a chess match. Artists are beginning to get creative. For example, because music streaming is only used for consumption, streaming companies count the number of streams a song receives. Entertainment brands, such as Billboard, equate a certain number of streams on a particular song with an album download. As a result, more streams not only lead to more money, but also higher artist recognition. Artists have been utilizing this “loophole” by releasing longer albums, thus increasing the chance of gold and platinum album certification. Even with high album certifications, artists—specifically performing musicians—are paid little from music streaming royalties. As previously mentioned, there are many “players” who take a piece from the royalty pie, leaving artists with
scraps. The percentage given to the rights holder is unevenly split among the many copyright holders. In most major record label deals, artists need about 75 streams to earn a dollar on Apple Music, 130 streams on Spotify, and 378 streams on Pandora. To put it in perspective, a song should be streamed on Apple Music about 1,131,000 times for an artist to earn the equivalent of a year’s salary at the Federal minimum wage. The popularity of major record labels is declining as artists are seeking to gain full advantage of their work. This has led to the self-releasing artists. Online distributors will either charge a one-time set up fee or a small distribution fee, allowing the artist to avoid co-publishing agreements and administrative deals and to cut out a portion of the “players.” Artists receive a much larger slice of the pie as the only payments made out are to online distribution companies and performance rights organizations. The structure of music streaming seems to be causing disintermediation. Media companies that entered the market due to technological innovation are, ironically enough, soon to become obsolete through the same mechanism that brought them in.
Final Thoughts
Between selling and marketing music, the method of reaching the consumer has changed drastically. Music streaming has simplified the process by which a consumer receives the product but has altered how copyright owners profit and artists gain recognition. HN
Prescilla Elias is a 3rd year law student at Southern Methodist University. She can be reached at prescilla.elias@hotmail.com.
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D al l as Bar A ssoci ati on l Headnotes 17
Entertainment, Art & Sports Law
Texas’ Long History of Pro Bono Work in the Arts BY JAMIE K. BAKER AND ANDREA PEREZ
One of the most rewarding aspects of any legal career is giving back to the community. As attorneys, we have numerous opportunities to change lives through pro-bono work. You may not be aware, but Texas has a long history of providing pro-bono legal assistance to artists through Texas Accountants and Lawyers for the Arts (TALA). An attorney seeking to volunteer with TALA need not have any background in art in order to provide this type of pro-bono legal aid. Rather, knowledge of basic legal principles and a desire to have fun are really the only prerequisites for a licensed Texas attorney to take a case from TALA. TALA was founded in 1979 in Houston, Texas to provide pro bono legal and accounting services to visual artists and arts-related nonprofit organizations. Since that time, TALA has helped thousands of artists (matching over 250 cases per year) throughout Texas. TALA’s headquarters are now centralized in Austin, Texas. Recently, the Dallas Association of Young Lawyers awarded TALA a grant to help market the organization in the Dallas/Fort Worth area and to encourage pro-bono representation of this type in our own backyard. TALA circulates a list of open matters to its registered volunteer attorneys and accountants every month. This list includes service requests from photographers, painters, musicians, filmmakers, arts publishing companies, arts education programs, theater and dance companies, writers, and inventors. Volunteer attorneys may select as many or as few cases as desired. The volunteer attorney then
advises TALA of an interest in taking on a particular case or cases. In response, TALA confirms a “match” between the attorney and the artist. TALA provides background materials and forms for use with frequently requested matters and also offers numerous training sessions throughout the year to help volunteers better navigate specialized issues in the arts. A volunteer attorney’s case choice may take into consideration such things as the anticipated time commitment based on the scope of the work requested, personal interests, and the geographical locations of the artist and attorney. TALA services the entire state of Texas, but most requests are generated out of Austin, Dallas, and Houston. TALA cases are always interesting and run the gamut from reviewing intellectual-property concerns to establishing a nonprofit or LLC. Often, artists merely need help understanding a contract. Examples of recent legal cases include an author needing assistance registering a copyright for his book, a musician needing assistance reviewing a producer agreement, and a photographer seeking help negotiating the terms of a photo license for album cover art. For volunteer patent attorneys, the United States Patent and Trademark Office (USPTO) has selected TALA as one of the very few organizations nationwide authorized to assist with the USPTO Patent Pro Bono Program. In addition to taking case assignments directly from TALA, Texas attorneys may also participate in pro-bono work in the arts through community outreach. TALA provides numerous speaking engagement opportunities every year for those who
CONGRATULATIONS
wish to share their legal knowledge in an educational format. In our experience, seminars and panel discussions providing information about business issues for artists are widely attended and greatly appreciated. Personally, TALA has given us both the opportunity to assist with such diverse and meaningful projects as facilitating the creation of sculptures for the blind, retrieving royalty payments from a major network’s copyright infringement of an artist’s work, negotiating public art education projects, forming a dance company, drafting commission agreements, presenting practical career information to art students at both the highschool and college levels, addressing riskmanagement issues affecting artworks in transit and storage, providing the basics of insurance coverage for artists, organizing and participating in legal clinics for TALA members, and filing copyrights and trademarks. We have also partici-
Board certification is a milestone reached by a select few Texas lawyers through hard work and dedication. The attorneys of Connatser Family Law recognize Christine P. Leatherberry for reaching this lofty place in her legal career. Christine has been named one of the Top 50 Up-and-Coming Women Attorneys in the state for the past two years. Last year, she was named to the Top 100 Up-and-Coming Attorneys in Texas. For the past five years, she has also been honored by Thomson Reuters on the exclusive list of Texas Rising Stars. To consult with her for a client or for yourself, call 214 306-8441 or email Christine@connatserfamilylaw.com.
AUBREY M. CONNATSER, PLLC 300 Crescent Court, Suite 270, Dallas, TX 75201 214 306-8441 | connatserfamilylaw.com info@connatserfamilylaw.com
Jamie K. Baker is Of Counsel at Thompson Coe. She can be reached at jbaker@thompsoncoe.com. Andrea Perez is an attorney with Kessler Collins P.C. in Dallas, Texas. She can be reached at aperez@kesslercollins.com.
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pated in providing legal aid and educational programs for independent filmmakers, hip-hop musicians, and fashion designers. TALA cases provide a wonderful break from the typical day-to-day practice of law. The wide range of artists you will assist through TALA are always as appreciative, respectful, and fun to work with, as you might expect, and we can attest to this. The cases are also relatively simple and finite by nature, too. TALA does not offer pro-bono work in family law, criminal law, or litigation matters. If you would like to join in Texas’ long history of pro-bono work in the arts, please reach out to Texas Accountants and Lawyers for the Arts at (512) 3801682 or attorney@talarts.org. HN
To sign up, contact kzack@dallasbar.org
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
March 2019
Lawyer Beware: Is Your Client Really a Client? Employment Case
BY MARY SCOTT
No doubt you have received many random emails from people, frequently from overseas, who claim to need a lawyer to assist them with a purchase and sale agreement, loan documents, or some such other matter. Of late, I have been receiving “DocuSign” emails requesting that I “click on” a link to access attached “secure documents.” Most of these emails just do not pass the smell test so I delete them, as I am sure you do. But, the scam artists are constantly re-tooling. If you have not heard, many are now targeting solo lawyers and small firms with very genuine sounding legal problems. Their scams are sophisticated and use aliases and commonly known, legitimate company names with seemingly real supporting documents. Here are two schemes that lawyers I know encountered. One ended badly, the other thankfully did not.
A lawyer friend’s firm received an email through the firm’s contact page from a person asking the firm to review a severance agreement and to represent the person in severance negotiations with his employer, a well-known large company. This person signed a retention agreement with the law firm, agreeing to pay a few hundred dollars for the review, and emailed a draft severance agreement to the lawyer to review. The “client” then called and said he had reached an agreement with his employer and that his employer had agreed to pay the lawyer’s fee for the severance review. The “client” advised that his employer would send a check to the firm for the agreed-upon severance amount—–over $128,000—and the lawyer’s fees. The firm received a check in the correct amount and deposited it in the firm’s trust account. The “client” emailed and called several times over the course of the next week,
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Breach of Contract
Another lawyer friend was contacted by a fellow who said he needed a lawyer to represent him in a case against a local company that had purchased products from his company but never paid for them. He presented a contract between the parties and other documents supporting the sale. A few days after signing and returning a retention agreement, this fellow called my friend and told him that he had worked out a deal with the local company, and the company had agreed to pay the outstanding balance on the account along with the attorney’s fee. A few days later my friend received a check for over $140,000 purportedly from the local company. I had shared my other friend’s loss of the $128,000 by this time and my friend became suspicious that this “client matter” was a scam as well. Using Google Earth to look up the business address his “client” had given him, my friend found a rundown shack in a questionable area in Minnesota. My friend also called the bank on which
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asking when the funds would be sent out to him. After being advised by its bank that the check had cleared, the law firm wire-transferred over $128,000 to the “client.” The next day, the law firm was told by its bank that the payor bank had dishonored the check because it was fraudulent. The so-called client disappeared along with the funds.
the check was drawn to find out whether the check was legitimate. It took a couple of calls, but finally the bank advised that the check was written on a non-existent account. My friend reported the scam to the FBI and sent the check to the company that appeared on the check. One of the company’s officers told my friend that numerous lawyers had been calling the company about similar fake checks. These kinds of scams are becoming more and more common across the country, and many lawyers have fallen prey to the fraud. It has been reported that some of the scam artists substantiate their stories with websites, listings in business directories, and in at least one case, a Dunn & Bradstreet profile. See, e.g., www.aaronhall.com, Scams Targeting Attorneys. Sadly, it is a sign of the times that lawyers have to become extra-vigilant and cautious. Each of us should go the extra mile in scrutinizing “clients” that appear out of the blue. Do not part with firm funds until you know for sure that the payment you received cannot be reversed. The State Bar of Texas publishes on its website a list of various scams that have been used on lawyers. It is well worth your time to read this article and other similar articles you can find on the Internet. Remember, forewarned is forearmed. HN Mary Scott is an attorney at Spencer Scott pllc. She can be reached at mscott@spencerscottlaw.com.
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Aaron Cartwright is a sole practitioner who became licensed in November 2017.
How did you first get involved in pro bono?
A friend knew that I was a newly licensed and setting up my practice, and recommended I connect with DVAP to help the community and gain more experience at the same time.
What types of cases have you accepted?
I proudly accept consumer law cases from the DVAP case list. I love them and it lines up directly with my practice area and my interests prior to law school.
Describe your most compelling pro bono case.
A furniture store had accepted a client’s payments for an item that was on layaway. The store then went out of business without providing the client the item or a refund. I received the case and started my investigation to find the proprietor of the store, who had taken the client’s money, and had tried to open the same store at least two more times in different locations, each one of them failing. Despite many obstacles, I was able to confirm her address with the aid of the DVAP mentors. I wrote up the suit and filed it, but was never able to obtain service. Not because she wasn’t at the location, but for many other reasons. I learned so much during my investigation and subsequent filings.
Why do you do pro bono?
That question has a multifold answer. The first reason is because all things in the universe require balance and to whom much is given, much is expected. The people that I help are often in positions where they will not ever be able to pay much or afford much. However, they are still under the U.S. legal system and they should still be able to obtain protection through the system. Basically, we’re all a part of this system and it shouldn’t not work for someone just because they’re economically disadvantaged. And karma. The second reason is because the citizens who pay into the federal tax system were kind enough to pay for my schooling. They should get some bang for their buck in the form of pro bono hours from someone with my areas of expertise and willingness to help where I can.
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
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D al l as Bar A ssoci ati on l Headnotes 19
Entertainment, Art & Sports Law
The Music Modernization Act BY THOMAS MADDREY
In October 2018, the Music Modernization Act (MMA) was signed into law. This sweeping law reformed the ways musicians, songwriters and producers license music and how they are paid. For many general practice and IP attorneys, learning the nuances of music licensing agreements is akin to wading into a swamp. This new law helps to clear up some of the confusion. The Act has three sections, each aimed at clarifying parts of the licensing process for different groups. Title I, “Modernizing Music Licensing for Digital Streaming Services,” is focused on how to contend with the change of purely mechanical reproductions onto records and other physical media and to the digital streaming services pervasive today. For the first time, Congress has shifted the law from a purely individual “mechanical license” (meaning a license for reproduction and distribution) on a song-by-song basis to a blanket license for digital music providers such as Spotify and others. Additionally, under the new law, royalties will be paid to creators whenever a copy of their track is made, no matter if it is digital or physical, and the rates will be set based on the open market. Previously, rates were set by a panel of judges known by the Copyright Royalty Board (CRB) which set statutory rates based on public policy considerations and directives. Under the new law, the CRB has been tasked with using a “willing buyer; willing seller” market test for setting royalty amounts. Most importantly, Congress has
directed the Registrar of Copyrights to designate an entity to serve as the Mechanical Licensing Collective, which will develop and maintain a database of music and sound recordings and royalties. “This organization must be comprised of songwriters and publishers and be funded by digital music providers. Prior to the implementation of the MMA, the onus was solely on digital music providers to identify the rights holders of each individual song, a system that was not only cumbersome, but resulted in many creators falling through the cracks.” MMA Title II, entitled “Classics Protection and Access (CLASSICS) Act”, is focused on bringing pre-1972 sound recordings into the modern age by allowing these creators and rights holders to pursue remedies for infringements. Depending on when the recordings were published, durations of exclusive rights last at least 95 years. Notably, copyright advocates in many industries have long struggled with what to do with “orphan works,” that is, works for whom no rights holder can be found. Under the CLASSICS Act, as long as good faith efforts are undertaken, pre-1972 records can be used in certain non-commercial ways as long as notice of these uses are provided to the Copyright Office. The final section, Title III (“Allocation for Music Products (AMP) Act”) establishes, for the first time, a system wherein producers, sound engineers, and others involved in the creation of music and sound recordings can receive compensation for uses that fall under Section 114 statutory provisions. Pre-
viously, these important contributors had to rely upon purely contractual relationships for compensation of digital streaming and other methods. The AMP Act makes changes to the Copyright Act to include this population as those entitled to royalty receipts. While the details of this compensation hinge upon when the recording was fixed and what interaction had occurred between the artist and studio professional, the overall aim to include these contributors has now been codified. So, what should a general practice or IP attorney do when working with a client who might be affected by this new law? Here is a short checklist of questions to ask: • Is the client a rights holder of the underlying musical composition or lyrics, or a rights holder in the finished sound recording? (These two separate
copyrights help to determine which parts of the MMA apply). • Is the work in question primarily distributed digitally through a music service such as Spotify or Apple Music? (If so, the Collective established by the Copyright Office will now be the onestop shop for registration and royalties). • Was the work recorded prior to 1972? (If so, be sure to take a close look at the CLASSICS Act and possible remedies that did not exist prior to the MMA). The MMA upends many parts of the music licensing system that has been in use for decades. In general, both creators and industry can find positives in this new statute and its impact on copyright law as a whole. HN Thomas Maddrey is the Founding Partner of Maddrey PLLC and can be reached at tbm@maddreypllc.com.
‘Bar None’ Auditions Tuesday, April 2 ~ 5:30 to 7:00 p.m. ~ Belo Mansion Auditions for Bar None XXXIV: Lawquaman will take place April 2 at Belo! All who audition will be cast. The Bar None show, to be held at the Greer Garson Theater June 12-15, 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.
As an attorney, if you have an artist client who needs legal counsel, you may need some added expertise. A fellow professional who understands the complexities and nuances of art law. Thomas Maddrey has been there, as a photographer and gallery owner before deciding to become an attorney. Thomas serves the entire lifecycle of the art community, from the artists
There’s law. And then there’s art law.
to galleries, museums and collectors. This specialized expertise is available to you, whenever you need it. Let Maddrey partner with you in the arts.
MaddreyPLLC.com 214-702-9862
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20 H e a d n o t e s l D a l l a s B a r A s s o ciation
March 2019
Meet Your New Judges – Civil & Criminal STAFF REPORT
With the new year brings many changes in our local courts. In January and February, the DBA hosted five Judicial Investitures recognizing 20 newly elected judges. Let’s meet some of them now.
302nd District Court
Judge Sandra Jackson presides over the 302nd District Court. A graduate of Southern University Law Center, she is a seasoned attorney with experience in trial, mediation, and administration. Most recently she served as an Assistant District Sandra Jackson Attorney in the Juvenile Division. She ran her own civil and family law practice, and has practiced law for more than 30 years. “My duty is to follow the law, listen, provide guidance, and work with both sides to find a resolution that allows the family and each individual to have closure and a sense that justice was served,” she said. Judge Jackson has served on numerous Board, including Habitat for Humanity and Legal Services of North Texas.
Civil Court Judges
Melissa Bellan
Judge Melissa Bellan, of County Court at Law No. 2, is a graduate of SMU Dedman School of Law. Judge Bellan has 14 years of civil trial experience and has had her own solo practice, as well as worked for firms such as Jordan, Houser & Melissa Bellan Flournoy, LLP. She has been a member of the DBA, Dallas Women Lawyers Association, and is a Fellow of the Dallas Association of Young Lawyers. She is a member and former director of the Dallas Trial Lawyers Association and the National Board of Advocates.
Aiesha Redmond
Judge Aiesha Redmond is the Presiding Judge of the 160th Judicial District Court. Before ascending to the bench, Judge Redmond served as an Assistant District Attorney with the Dallas County DA’s Office, where she handled a variety of felony Aiesha Redmond criminal cases, claims, and civil matters. She began her legal career in the Complex Commercial Litigation Division at Baker Botts, L.L.P. A graduate of Thurgood Marshall School of Law at Texas Southern University, she has been honored by the National Bar Association and received several awards for Excellence in Service and Best Advocate. A dedicated public servant, she has a commitment to equal justice for all people under the law. Her public service extends beyond the courtroom; she is an active member of the American Bar Association and has assisted and mentored students with college and law school mock trials.
Paula Rosales
Judge Paula M. Rosales, of County Court at Law No. 4, is a graduate of Southern Methodist University and of Texas Wesleyan School of Law. Her history of legal service includes serving as a human rights advisor for the U.S. State Department, where she trained pros-
ecutors, state officials and law enforcement investigating and prosecuted human rights violations; as an Assistant District Attorney, as presiding judge of the City of Dallas Municipal Courts; and Paula M. Rosales as an attorney at the firm of Miller Weisbord LLP. Prior to being a judge, she chaired the Dallas Redistricting Taskforce Legal Action Committee, providing nearly 250 hours of pro bono legal service to file a counter-request with the Civil Rights Division of the Department of Justice. In addition, she served on the City of Dallas Ethics Advisory Board and the Cultural Affairs Commission. She is a member of the DBA and the Dallas Hispanic Bar Association. She and her husband David are parishioners of Our Lady of Guadalupe Catholic Church in Dallas.
of Texas at Arlington in 1998. After graduation, she became an employee of Dallas County as a Juvenile Detention Officer, Court Coordinator, and Probation Officer until 2002. In 2005, Remeko Edwards she received her JD from Thurgood Marshall School of Law. She is very involved in the legal community, is a member of various legal organizations, is a past president of the Dallas Black Criminal Bar Association and board member of the Dallas Holmes Boyz Step Team. Judge Edwards currently resides in Desoto with her sons and worships at Antioch Fellowship Missionary Baptist Church. In her spare time, she enjoys reading and hanging with family and friends.
Raquel Jones
Bridgett Whitmore
Judge Bridgett Whitmore, of the193rd Civil District Court, got her start trying cases while participating in the Texas High School Mock Trial competition as a student at Booker T. Washington High School of the Performing and Visual Arts in Bridgett Whitmore Dallas. While in her third year of law school, she tried her very first felony case defending a New Orleans juvenile client. She won that case, in front of a judge who at that time had not acquitted a defendant in two years. She continued her winning streak as an Assistant District Attorney for Dallas County from 1999-2002, having won every jury trial during her tenure as an Assistant District Attorney. In 2002, she moved into private practice. A native of Dallas, Judge Whitmore received her Bachelor’s degree from Yale University and her law degree from Tulane University Law School. She is a member of Delta Sigma Theta Sorority, Inc., Board member of the Dallas Black Chamber of Commerce and a member of St. Luke’s Methodist Church.
“My goal for the 203rd Judicial District Court is to restore accountability and justice to the court. First and foremost, I will honor the law that I swore to uphold. I will continue to give choices and chances to those who have broken the law while still Raquel Jones protecting the victims and citizens of our community,” said Judge Raquel “Rocky” Jones. Judge Jones grew up in Arlington and attended high school at Sam Houston where she was elected as the first African American female student body president and graduated with honors. She graduated from Texas A&M University, and then St. Mary’s School of Law. While at St. Mary’s, she studied abroad in Innsbruck, Austria, at the Institute on World Legal Problems where Justice Ruth Bader Ginsberg was one of her professors for the course. Prior to being elected as judge, she served as a Felony Chief Assistant District Attorney at the Dallas County DA’s Office. She is married to Marcus Kelly, a retired Air Force veteran, and is the mother of a 3-year-old son Ryan (which is her real job).
Criminal Court Judges
Pamela Luther
Chika Anyiam
Judge Chika Anyiam, of Criminal District Court No. 7, is a graduate of the University of Cabar, Nigeria, and received her law degree from the Nigerian Law School, Victoria Island, Lagos. She has been practicing law in Dallas County for the past 17 Chika Anyiam years and has handled and tried all levels of felonies. Judge Anyiam has been twice selected by her peers as Dallas Best Criminal Defense Attorney, 2014 and 2015. Before being elected as judge, she practiced law at the firm of Anyiam & Anyiam. Judge Anyiam is a member of the Texas Organizing Project, a grassroots group that organizes communities around public issues such as education, civic/ electoral engagement, forging partnerships with labor and policy groups to give a voice to, and improve the lives of working and low income families across Texas.
Remeko Edwards
Judge Remeko Edwards, of County Criminal Court No. 7, began her college education at Prairie View A & M University; however, she received her BA in Criminal Justice from the University
A Dallas native, Judge Pamela Luther, of County Court of Criminal Appeals No. 2, attended Victor H. Hexter, Robert T. Hill and Bryan Adams before getting her B.S. in Communications at the University of Texas at Austin in 1983. Judge Luther Pamela Luther later received her law degree at SMU after having been a stay-at-home mother of seven children for 17 years. Upon graduation from law school, she went to work for the Dallas County DA’s Office. From there, she worked for the Dallas County Public Defender’s Office before going into private practice. Judge Luther said that the knowledge and previous experience gained from working on both sides of criminal law makes it easier to focus on the overall fairness of courtroom proceedings. In addition to her love of the courtroom, Judge Luther maintains her interest in the artistic areas of broadcast, photography and screenwriting, for which she has won many awards.
Lela Lawrence Mays
Judge Lela Lawrence Mays, of the 283rd District Court, is a graduate of Thurgood Marshall School of Law. For the past 17 years she served as a Dallas
County Magistrate Judge, 10 of which she presided over cases in the D.I.V.E.R.T. Court (Dallas Initiative for Diversion and Expedited Rehabilitation and Treatment). In 2006, she estab- Lela Lawrence Mays lished the Successful Treatment of Addiction Through Collaboration (S.T.A.C.) Court, providing judicial oversight and directional guidance for over 250 felony probationers in a post-adjudication, drug-treatment court that reduces recidivism and saves hundreds of thousands of taxpayer dollars. I continue to preside over the S.T.A.C. Court today. She also established and presided over the I.I.P. Court, Intensive Intervention Program from 2007-2009. Judge Mays is a single mother of two sons and a member of St. Luke “Community” Methodist Church.
Audrey Moorehead
Hon. Audrey Moorehead, is the first woman to be elected Judge of Dallas County Criminal Court #3, and was the only African American female on the Board of Directors of the SBOT 20152018. For the past 14 years she has had own law office, practicing in Audrey Moorehead the areas of criminal defense, domestic relations, wills, trusts and probate. She has an MBA and is a graduate of Texas A&M School of Law, f/k/a Texas Wesleyan University School of Law. She clerked for both Judge Jay Patterson and Judge Sam A. Lindsay. She is currently on the DBA Board of Directors, a former Regional Director of National Bar Association and President of the SBOT’s African American Lawyer’s Section, and recently she completed two terms on the Board of Directors of the Texas Criminal Defense Lawyer’s Association, as the only African American to serve on the Executive Committee. She has served as the Vice President of the Dallas Black Criminal Bar Association, and is a member of the 2017 class of Leadership Texas, Dallas Bar Foundation, and Texas Bar Foundation, among others.
Carmen White
“I have dedicated my legal career to the service of others. For me, public service is a responsibility, not a choice,” stated Judge Carmen White, of County Criminal Court 8. Judge White received her law degree from Harvard Law School, and her BA degree, cum Carmen White laude, from Baylor University. Immediately after graduation from Harvard, she returned to Dallas where she practiced law at a large corporate firm. In 2001 she joined the Dallas County DA’s Office, where she held numerous positions in her 18 years of service. Judge White also represented the DA’s Office as the Legislative Liaison for the 2007 and 2017 Legislative Sessions, and was instrumental in the formation of the District Attorney’s Reformative Justice Program for offenders who suffer with mental illness. She was also instrumental in the forming a multi-disciplinary team combating human trafficking. Judge White said that at the end of her life she wants someone to say that she has made a difference in the life of a child. Originally from Russellville, Arkansas, Judge White is a proud member of Zeta Phi Beta Sorority, Inc. She is the wife of Dr. Brian C. White, Ph.D, and the mother of Kailyn. See the April issue of Headnotes to meet your new 5th District Court of Appeals justices.
M a rc h 2 0 1 9
Focus
D al l as Bar A ssoci ati on l Headnotes 21
Entertainment, Art & Sports Law
Protecting the Health and Health Privacy of Professional Athletes BY RYAN K. MCCOMBER
Before investing millions of dollars in a professional athlete, sports teams conduct extensive medical due diligence to see if the athlete has any lingering injuries or medical issues that might limit his effectiveness or cause him to miss playing time. Perhaps the best example is the NFL Combine, where invitees undergo extensive medical exams, the results of which can mean the difference between a multi-million-dollar contract and going undrafted. Once in a professional sports league, a professional athlete must continue to make medical choices that maximize both her performance and career longevity. If a professional athlete is injured, she may also be subject to league-wide treatment and reporting protocols. For example, most professional sports leagues now have mandatory protocols governing the diagnosis and treatment of concussions, although such protocols can vary by sport. When making medical decisions, a professional athlete must keep in mind the potential for conflicts of interests that arise when receiving medical treatment from team physicians. Professional athletes must also take steps to safeguard their private health information (PHI) and understand their rights under state and federal privacy laws, as unlawful disclosure of PHI could negatively impact their employability and career earnings. To face these challenges, professional athletes should be properly advised of the following legal and ethical issues:
Inherent Conflicts of Interest
First, receiving medical treatment
from team physicians and medical staff, regardless of the sports league, involves an inherent conflict of interest. In this regard, a team physician is not the personal physician of the professional athlete. Unlike a personal physician, a team physician is employed by, and likely has a contractual obligation to maximize, the performance of the entire team— not just the individual athlete. While most of the time the interests of the team and its professional athletes are aligned, conflicts can arise when a professional athlete is injured and is considering competing treatment options— especially where one of the treatment options maximize the short-term success of the team to the detriment of the athlete’s long-term health. For a recent example of the potential for this type of conflict, one need look no further than the reported disputes that arose between Kawhi Leonard’s private physicians and the San Antonio Spurs regarding the best treatment for his 2017 quadriceps injury. Thus, professional athletes should always get a second opinion from a private physician when considering their treatment options for injuries, especially those impacting long-term health.
Protecting PHI and HIPAA
Second, a professional athlete needs to safeguard their PHI by understanding what is and is not protected from unlawful disclosure by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the federal statute that provides data privacy and security provisions for safeguarding medical information. As an initial matter, a professional athlete’s PHI related to his medical treat-
ment by team physicians and medical staff is not protected by HIPAA. Therefore, athletes should avoid providing PHI to team physicians and medical staff unrelated to their treatment or that they do not want shared with coaches and management, as the general confidentiality rules of the doctor-patient relationship may not always apply. Moreover, before providing PHI as part of league treatment protocols, an athlete should question how such PHI will be treated and shared, and what safeguards are in place to prevent such PHI from being disclosed to third-parties. Moreover, while most professional athletes assume that their PHI from their private physicians is not subject to HIPAA protection, the Department of Health and Human Services (HHS) has made clear that the PHI of professional athletes can only be disclosed if authorized by the athlete. In August of 2002, HHS issued its Standards for Privacy of Individually Identifiable Health
Information (the Privacy Rule). In the Privacy Rule, HHS responded to a suggestion by a commenter that PHI related to professional athletes should qualify as an “employment record” and therefore should not be subject to HIPAA protection due to their profession. However, HHS rejected this suggestion. Instead, it found that no class of individuals should be singled out for reduced privacy protections under HIPAA. Nevertheless, HHS noted that nothing prevents an employer, such as a professional sports team, from making an employee’s agreement to disclose PHI a condition of employment. While many professional sports teams do require this as a condition of employment, many do not. Therefore, a professional athlete should take steps to protect her PHI by only authorizing its disclosure to her employer if contractually required. HN Ryan K. McComber is a Partner at Figari + Davenport, LLP. He can be reached at ryan.mccomber@figdav.com.
Moms in Law Events MARCH
Being a working mom can be challenging. Being a working lawyer mom can be a different ballgame with its own unique challenges. Moms in Law is going on its third year of being a no pressure, no commitment, informal, fun, support group for lawyer moms. The March events are: Thursday, March 7: Noon, LUCK in Trinity Groves (3011 Gulden Ln #112) RSVP rfitzgib@gmail.com Friday, March 29: Noon, Sixty Vines at the Crescent (500 Crescent Ct., Ste. 160) RSVP christine@connatserfamilylaw.com Email christine@connatserfamilylaw.com to join the Moms in Law email listserv.
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
22 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
March 2019
In The News
FROM THE DAIS
Justice Bill Whitehill, of the Fifth District Court of Appeals, and Scott Stolley, of Stolley Law, P.C., spoke at the State Bar Fiduciary Litigation Course. Charles Pulman and Matt Roberts, of Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P., spoke at the Corpus Christi Chapter/TSCPA 2019 Tax Conference. David Colmenero spoke at the Fort Worth Chapter/ TSCPA Controllers Conference.
KUDOS
Kyle Davis and Matt Davis, of Locke Lord LLP, have been promoted to Partner. George Bowles has been named a Fellow of the American College of Construction Lawyers. Robert Cardone and Laura Jane Durfee, of Jones Day, have been promoted to Partner. Hilda Galvan is Partner-in-Charge of the firm’s Dallas office and Brian Jorgensen is the Administrative Partner for Dallas. Mary Madden Melle, of Calhoun, Bhella & Sechrest, LLP, has been promoted to Partner. Laura Hayes and Sally Pretorius, of KoonsFuller Family Law, Dallas office, have been promoted to Partner. Neda Garrett and Chris Meuse of the firm’s Plano office have also been promoted to Partner. Reagan Riddle, of the Dallas office, has passed the exam to become Board Certified in family law by the Texas Board of Legal Specialization. Jonathan J. Bates, of Kinser & Bates, is now on the national Board of Gover-
nors of the American Academy of Matrimonial Lawyers.
Angel Berbarie, of GoransonBain, has been promoted to Partner.
Jason Franklin, of the Franklin Law Firm, LLP, was elected as an Associate member of the Dallas Chapter of the American Board of Trial Advocates (ABOTA).
Jennifer Larson Ryback, of McGuire, Craddock & Strother, P.C., has been promoted to Shareholder.
Nicholas Sarokhanian and James Voelker, of Holland & Knight LLP, have been promoted to Partner.
ON THE MOVE
Alexis Swanzy joined Kessler Collins P.C. as Associate. joined
Jill Bindler and David DeZern, of Gray Reed & McGraw LLP have been elected as Partners. Elise Barajas and Angela Brown have been promoted to Counsel.
Ashlie Alaman Stamper CyrusOne as Senior Counsel.
Marc Kaliser, of Munck Wilson Mandala, has been elected a Partner; Audrey Mross, of the firm, has been selected as the 2019 Alumni Fellow for the College of Business Administration at Kansas State University.
Darren Nicholson joined Burns Charest LLP as Partner.
Michael Attaway and Margaret Jordan, of Kane Russell Coleman Logan, have been promoted to Director and Shareholder, respectively. Christian S. Kelso, of Farrow-Gillespie Heath Witter L.L.P., has been promoted to Partner. Landon Wiebusch, of Slater Matsil, LLP, has been named Partner. Patrick Maher, of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., has co-authored the latest edition of the two-volume treatise Texas Employment Law published by James Publishing in December 2018. Terah Moxley, of Estes Thorne & Carr PLLC, has been promoted to Partner.
Texas Business Litigation Edited by Sofia Adrogué and Caroline Baker, Texas Business Litigation is a comprehensive handbook for litigators and transactional attorneys. Get current on these topics and more: • Bankruptcy Ramifications in Business • Breach of Fiduciary Duty Claims in Business Transactions • Evaluating Commercial Cases: Avoiding Icebergs • Criminal Law in Business Torts Cases • Employment Law Litigation • Fraud and Negligent Misrepresentation • Intellectual Property and Trade Secrets Litigation • Selected Causes of Action Unique to the Oil and Gas Industry • Preservation of Error – Appeal Tactics • Speech Based Torts: Libel, Slander, Business • Disparagement and Invasion of Privacy Learn from the collective wisdom, experience and practical advice of a stellar panel of veteran Texas litigators, judges and arbitrators! To order, call 1.800.756.8993 or visit www.TexasLawyerBooks.com.
Krista Chan joined Patterson + Sheridan as Associate.
Hance Law Group has moved to 12400 Coit Road, Suite 1270, Dallas, TX 75251. Raggio & Raggio PLLC has moved to The Turley Law Center, 6440 N. Central Expy, Suites 712-714, Dallas TX 75231. M. Spencer Turner joined Farrow-Gillespie Heath Witter L.L.P. as Associate. Maxel (Bud) Silverberg, Attorney Mediator & Arbitrator, has moved his office to Three Galleria Tower, 13155 Noel Road, Suite 900, Dallas, TX 75240. (972) 918-5225. Greta Cowart joined Jackson Walker as Partner. Chip Brooker has opened Brooker Law, PLLC, 750 N. St. Paul Street, Suite 600, Dallas, TX 75201. (214) 217-0277.
Kelly, Durham & Pittard, LLP has changed its name to Durham, Pittard & Spalding, LLP. Rick Thompson has joined the firm as Partner. Robert E. Thackston joined Lathrop Gage LLP as Managing Partner. Shamoil T. Shipchandler joined Jones Day as Partner. Micah S. Adkins, of The Adkins Firm, has opened a new office at 1025 Westhaven Blvd., Suite 220, Franklin, TN 37064. (615) 370-9659. Ryan Bauerle, Kenneth Moore, and Lindsey Obenhaus joined Goranson Bain Ausley, PLLC as Associates. Emily Stout joined Crawford Wishnew & Lang PLLC as Partner. Jordan Sibley joined Kane Russell Coleman Logan, PC as Senior Attorney. Heather Kanny joined Hiersche, Hayward, Drakeley & Urbach, P.C. as Shareholder. Kathryn Shilling joined NuVinAir® LLC as General Counsel. Donald Puckett joined Janik Vinnakota LLP as Of Counsel. Kamal Jafarnia joined Artivest in New York City as General Counsel and Chief Compliance Officer. News items regarding current members of the Dallas Bar Association are included in Headnotes as space permits. Please send your announcements to Judi Smalling at jsmalling@dallasbar.org
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Classifieds
D al l as Bar A ssoci ati on l Headnotes 23
March
EXPERT WITNESS
Economic Damages Experts-GMCO Litigation Damages Firm. Economic Damages Valuation Experts. GMCO a CPA firm with significant testifying experience. George Mendez CPA CVA has more than twenty years’ experience providing economic damages, lost profits, damage calculation testimony in court, deposition and arbitration. The firm provides services regarding commercial damages, lost profits, intellectual properties, employment, personal injury/lost earnings wrongful death, and insurance litigation. George Mendez has experience in most industries including energy/oil & gas, manufacturing, transportation, hospitality, service, distribution, and construction. GMCO serves attorneys in Dallas/Ft. Worth, Houston, Austin/San Antonio. Contact George Mendez CPA CVA. Dallas/Ft Worth 469-248-4477 or Houston (713) 8925037 experts@georgemendez.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
We connect lawyers who share office space. List your empty law office at www. LawSpaceMatch.com. Advertise in 40,000 zip codes instantly. Rent your law office to lawyers seeking a shared space. Show law office amenities and upload 6 photos. Search for LawSpace for free. Also, Attorneys post their profiles. Ready to Own/Reposition Your Practice? Palmer & Manuel, PLLC provides a platform in iconic Campbell Centre where you (and we) get to do what we love – practice law without the administrative hassles. Run your own practice and be part of our well-established mid-size group of respected and collegial attorneys
with varied practice areas. Keep 95% of your fees plus earn on your referrals, and contribute a reasonable fixed overhead covering rent, legal assistant support (or bring your own), office administrator, PCLaw/ProDoc, Lexis, phone, internet, website, parking, malpractice insurance, etc.). See www.pamlaw.com or contact Larry, Jeff or Rebecca at (214) 242-6444. Jackson St @ Griffin. Founders Square. Prime 7th floor Downtown Office Space: Founders Square, 900 Jackson Street @ Griffin. 476 SF office available in office sharing arrangement with 5 established solo practitioners: $1,200/month. Office furniture also available – price negotiable. Contact Ted Steinke at ts@tedsteinke.com or (214) 747-7148. Office space available at 4303 N. Central Expressway 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 copy machines, notary, internet, two conference rooms, two kitchen areas and plenty of free parking. Location is convenient to all Dallas Courts and traffic arteries. Please call Rosa at (214) 696-9253. Turtle Creek Blvd./Hall St. Area -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 paraprofessionals. Amenities include reception area, telephone, fax and copy machines, Wi-Fi, notary, conference room, fully furnished kitchen area, covered visitor parking, free secured office parking and 24/7 building access. Flexible terms. Location convenient to Dallas courts, downtown, and all traffic arteries. Please contact Judy at (214) 740-5033 for a tour and information.
offices and file room. This space is 1127 sq/ ft and rents for $1,878.00 per month fixed rate. Two single offices available starting at $400.00. Call (214) 520-0600. Office space available 2323 Ross Ave. Class A building with amazing views of the city. Amenities include 24/7 access, secure internet, kitchen including coffee, tea and fruit infused water. Conference rooms, reception and parking available. Flexible terms. Contact Tracey (347) 860-5614 theyboer@serendipitylabs.com Don’t just get an office, Get Engaged. Virtual and private offices available at 75 & NW Hwy in Class A High Rise. ENGAGE is an innovative attorneyonly workspace. Plug in to a secure & professional environment with mail/ parcel handling, guest reception, conference rooms, included garage parking, coffee bar/lounge, office amenities, and networking opportunities. Please contact Chelsea at (214) 865-7770 or chelsea@ engagelawspace.com. Office space in the N. Central Expressway and Forest Ln. area. 12222 Merit Drive. Three window offices are available. Two offices are 15 x 15 with Admin. space and the other is 10 x 15. Amenities include 2 conference rooms, kitchen, copier, scanner, fax, internet and VOIP phone. Building offers free covered parking, workout facilities and a deli. Please call (214) 696-3200 ext. 410 for Carl Roberts or ext. 406 for Katie.
POSITIONS AVAILABLE
Real Estate Associate Attorney. Far North Dallas/Farmers Branch Area law firm seeks an associate attorney with 2-3 years’ experience. Real estate law background required. Corporate or business law background a plus. Compensation
commensurate with experience. Send resume to chicagogar7@yahoo.com. Legal Nurse Consultant. Thiebaud Remington Thornton Bailey LLP, a law firm specializing in medical malpractice defense and healthcare law, is seeking to hire a Legal Nurse Consultant with 5 years’ clinical nursing experience. LNC experience, LNC certification or healthcare risk management experience preferred but not required. This is an in-house position. Candidate must have a valid, current TX nursing license. Please send your resume to: Christine Santosuosso, Adm. Mgr., Thiebaud Remington Thornton Bailey LLP, 4849 Greenville Ave., Ste. 1150, Dallas, TX 75206 or e-mail it to csantosuosso@ trtblaw.com. Dallas business/construction litigation firm seeks an experienced trial attorney with bankruptcy experience. Candidate must have excellent writing skills and a minimum of 10 years of experience. Compensation is negotiable. Clientele a plus. Submit resume in confidence to: oaklawnfirm@aol.com. Associate Real Estate Attorney. North Dallas mid-sized AV-rated law firm is seeking an associate attorney for a fastpaced real estate practice; 2-4 years’ experience in real estate commercial development, leasing, construction, contract review/drafting, title/survey review is preferred. Strong written and verbal communication skills. Top 15-20% graduating class/Law Review. Submit resumes with transcripts and writing sample to: hr@gpd.com or Fax: (972) 931-9208. To place an affordable classified ad here, contact Judi Smalling at (214) 2207452 or email jsmalling@dallasbar.org.
McKinney Office Share. Two offices available immediately in four office suite with kitchen, private bath and reception. Pre-wired for phones/internet. Newer construction. Great location! $650 monthly for window office, $600 for interior office. Email ron@wrightdefense.com or call (214) 226-7336. Office space available at 4054 McKinney Avenue. Second floor suite with three
Need Help? You’re Not Alone. Texas Lawyers’ Assistance Program…………...(800) 343-8527 Alcoholics Anonymous…………………………...(214) 887-6699 Narcotics Anonymous…………………………….(972) 699-9306 Al Anon…………………………………………..…..(214) 363-0461 Mental Health Assoc…………………………….…(214) 828-4192 Crisis Hotline………………………………………..1-800-SUICIDE Suicide Crisis Ctr SMU.…………………………...(214) 828-1000 Metrocare Services………………………………...(214) 743-1200 More resources available online at www.dallasbar.org/content/peer-assistance-committee
DOES ADVERTISING WORK? It Just Did! Don’t miss your opportunity to advertise (print & online) in the #1 “Legal Resource & Expert Witness Guide” in Dallas County. Contact PJ Hines at (214) 597-5920 or pjhines@legaldirectories.com
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