March 2011 Headnotes

Dallas Bar Association

HEADNOTES

Focus Corporate Counsel

March 2011 Volume 36 Number 3

DBF Fellows Present 2011 Award to Charles W. Matthews National Center for State Courts, Children’s Hospital, the Cultural Trust Board and the Board of the On Wednesday, March 30, 2011, Center for American and Internathe Fellows of the Dallas Bar Foun- tional Law. He recently completed dation will honor Charles W. Mat- his term on the Board of the Texas thews as the recipient of the 2011 Center for Legal Ethics and ProfesFellows Award at a luncheon at the sionalism, and has served on the Pavilion at the Belo Mansion. The Board of Overseers of the Rand award honors an attorney who has Institute for Civil Justice and as adhered to the highest principles National Trustee for the Southand traditions of the legal profes- western Region of the Boys & Girls sion, and no one deserves such rec- Clubs of America.

Mr. Matthews is ognition more than also a fervent advoMr. Matthews. cate of pro bono legal Rob Roby, Chair of services and held the the Dallas Bar Founfirst general coundation, says that Mr. sel seat on the Texas Matthews was an obviAccess to Justice ous choice because Commission. He conhe has been “an outsiders pro bono work a standing beacon of “professional responsiintegrity and leaderbility.” He believes “it ship in the Dallas, is fundamental to the Texas, and national rule of law that people legal community for have access to justice. decades.” Judge PatIt’s our obligation to rick Higginbotham protect it.” provides further Charles W. Matthews James Sales, former insight: “Charles Matthews’ fingerprints will be found President of the State Bar of Texas on many causes devoted to the and Chair of the Texas Supreme public good and many would not Court’s Access to Justice Commishave succeeded without him. His sion, sums it up this way: “There uncommon judgment and instincts is no way to measure the positive are a valued treasure, to be sought impact that Charles Matthews out when, to draw on Dr. Martin has had on the profession and on Luther King, the first step must those many less fortunate citizens be taken before the staircase is in of Texas seeking access to the jusview. Charles is a good man who tice system except to say that we teaches others by example, lifting all have been enriched by his presand redirecting their sights. He is ence. The difference he has made in the lives of the people he has what a lawyer should be.”

In his long 40-plus year legal touched is an eloquent testament career, Mr. Matthews has always to his enduring legacy.”

Mr. Matthews’ legacy, which he prioritized service to the bar, to the community and to those less fortu- shares with his wife Karen, includes nate. In 1971, Mr. Matthews began two sons and five grandchildren, his long and successful career at of whom he and Karen are quite Exxon Corporation (now Exxon proud. Mr. Matthews is pleased to Mobil Corporation), rising through point out that all of his immediate the ranks to become general coun- family members are graduates of sel in 1995, a position he held until the University of Texas.

Last but certainly not least, Mr. retiring in 2010. One of the things of which Mr. Matthews is most Matthews is simply a wonderful proud is that, as general counsel, person whose wit and charm are he was able to continue his many well known to all who know him.

The Dallas Bar Foundation got community efforts on a broader platform, inspire others at his com- it right when it decided to give this pany to pursue similar efforts and year’s Fellows Award to Charles HN set an example for other in-house Matthews. counsel.

By any measure, the example George W. Bramblett and Nina Cortell are Partners at that Mr. Matthews set is remark- Haynes and Boone, LLP. Ms. Cortell can be reached at able and hard to match! Mr. Mat- nina.cortell@haynesboone.com. Mr. Bramblett can be thews serves on the Board of the reached at george.bramblett@haynesboone.com.

by George W. Bramblett, Jr. and Nina Cortell

Focus

Corporate Counsel

United States v. Lauren C. Stevens: Corporate Counsel In DOJ’s Crosshairs

by Bill Mateja

In the wake of the Justice Department’s recent indictment of Lauren Stevens, the former in-house counsel for a “major” pharmaceutical company, corporate counsel need to be extremely careful in responding to even the simplest of requests from regulators and governmental agencies and otherwise cooperating with such bodies. In a nutshell, the Stevens indictment alleges that Ms. Stevens withheld documents pertinent to the FDA’s informal investigation into the alleged off-label promotion of Wellbutrin, an anti-depression drug.

Notably, Stevens intends to defend based on her belief that she was following outside counsel’s advice. This case ups the ante for corporate counsel in responding to government inquiries, potentially criminalizes what many would consider to be good lawyering, and places in doubt whether reliance on outside counsel’s advice will insulate a client from government misconduct claims.

The Stevens Indictment

Ms. Stevens was the attorney in charge of responding to the FDA’s inquiry, and “led a

team of lawyers and paralegals” gathering documents and information in response. The indictment alleges that Stevens caused the company to withhold relevant and allegedly incriminating documents gathered as a result of the internal review.

The documents included 40 sets of slides used at continuing medical education or other programs sponsored by the company. According to the indictment, many of the slides improperly discussed off-label uses of Wellbutrin. The internal review also identified two physicians who each had spoken at roughly 500 such events. Stevens also allegedly represented, in a letter to the FDA, that the company had completed the production of the requested documents, although it allegedly had not produced any of the slide sets, including those from the two doctors.

Notably, the indictment alleges that Stevens specifically asked for a memo from other lawyers on her team summarizing the “pros and cons” of producing these slide sets to the FDA. Among the “cons” was,“Provides incriminating evidence about potential off-label promotion of [the drug] that may Continued on Page 7

D&O Insurance for In-House Counsel: Are You Protected?

by Kara Altenbaumer-Price

Many general counsel and other in-house counsel mistakenly believe they are protected by their company’s Director & Officer (D&O) insurance when they or the company they serve is sued. However, they are often not protected fully, and in some cases, not at all.

This article explores the scenarios in which coverage may be lacking and offers solutions for protecting GCs and other in-house counsel.

D&O insurance is designed to protect executives, outside directors and the companies they serve against liability arising from actions taken in the course of doing business. It, in tandem with indemnification, is designed to protect against the legal expenses of fighting litigation, as well as the underlying liability exposure.

Claims against officers and directors come in many forms, from common law claims for breach of fiduciary duty to securities shareholder class actions. For attorneys, the claims often take the form of legal malpractice from the company, securities enforcement actions by regulators, securities claims by shareholders, or employment actions by disgruntled employees. A few examples:

Inside 5 SEC Increases Shareholder Control

• Trace International–Chapter 7 trustee sued GC for not adequately advising the board of its obligations to review a transaction benefiting the controlling shareholder.

• Tenet Healthcare–SEC charged GC, saying he knew or should have known that the company overstated charges in its public filings.

• Qwest–Plaintiffs in securities class action claimed GC was responsible for misstatements in the public filings.

• Comverse–SEC entered into $3 million civil settlement with GC for stock options backdating.

Even when these allegations are baseless, individuals may still face significant defense and settlement costs.

Are you an officer?

Before determining whether in-house counsel are covered by a D&O policy, we must first determine whether the counsel is an “officer” at all. Most GCs, when posed this question, answered yes. To answer this question from an insurance perspective, we must dig deeper to determine the meaning of “officer” for the given company.

Continued on Page 6

LAW DAY LUNCHEON ~ Honoring our State & Local Judiciary ~ Keynote Speaker: Honorable Sidney Fitzwater

7

Mediation Success: 3 Tips from the Client’s Perspective

Friday, May 13 at noon (doors open at 11:45 a.m.)

9

The Hot Seat: Ethics When In-House Counsel Testifies

Tickets: $35. Tables of 10 are $350. Must be purchased in advance.

For more information, contact Michelle Dilda at mdilda@dallasbar.org.

2 He a d n o t e s l D a l l a s B a r A s s o ciation

Calendar

March Events

MARCH 4 - BELO Noon

FRIDAY CLINICS

“Maximizing Your Mediation,” Jay C. Zeleskey. At Two Lincoln Centre located at 5420 Lyndon B. Johnson Frwy., Suite 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, Griffith Nixon Davison, P.C. (MCLE 1.00)*

MARCH 18 - BELO

8:45 a.m. “Criminal Appeals & Post-Conviction Writs Seminar,” Various speakers, including luncheon keynote speaker Russell Wilson. Sponsored by the Criminal Law Section and CLE Committee. For more information, contact Gary Udashen (214) 468-8100 or Cynthia Garza (214) 653-3600. (MCLE 6.50, including Ethics 1.00)*

TUESDAY, MARCH 1 Noon

Corporate Counsel Section “Audit, Schmaudit—It’s Only Shrinkwrap Software,” David Weidenfeld, Jane Whitson and Linda Tyson. (MCLE 1.00)*

Government Law Section “Redistricting 2011,” C. Robert Heath.

(MCLE 1.00)*

Tort & Insurance Practice Section “Ethical Issues Dealing with Clients & Witnesses,” Panelists include: Justice Doug Lang, David C. Kent and Professor William Bridges. (Ethics 1.00)*

Morris Harrell Professionalism Committee “Reviewing the Conduct of a Judge,” Seana Willing. (Ethics 1.00)*

5:30 p.m. Minority Participation Committee

“Experience Exchange Mentoring Dinner” 6:00 p.m. DAYL Board of Directors

WEDNESDAY, MARCH 2 Noon

Employee Benefits/Executive Compensation Section “Fees, Forms, Fiduciaries and Plan Assets: Representing Plans and Funds in the Alternative Investment Arena,” Eric Winwood. (MCLE 1.00)*

Solo & Small Firm Section “Securing a Temporary Injunction in the Dallas County District Courts,” David S. Vassar. (MCLE 1.00)* Public Forum Committee DAYL Judiciary Committee

5:00 p.m. Bankruptcy & Commercial Law Section

“Bankruptcy: The Meaning and Application of Adequate Assurance of Future Performance,” Jason B. Binford. (MCLE 1.00)*

THURSDAY, MARCH 3 Noon

Family Law Section Board

Judiciary Committee “What Every Civil Litigator Needs to Know About Criminal Law,” Hon. Jim Jordan, Robert Udashen, Stuart Reynolds, U.S. Magistrate Judge Paul Stickney (TBD), and E. Leon Carter, moderator.

(MCLE 1.00)*

St. Thomas More Society

DAYL CLE Committee

Friday Clinic - Belo Topic Not Yet Available

MONDAY, MARCH 7 Noon

MONDAY, MARCH 14 Noon

Alternative Dispute Resolution Section “Arbitration Under Attack,” Will Pryor.

(MCLE 1.00)*

Real Property Law Section “Technology Changes for the Commercial Real Estate Practice,” Tom Mighell and Keith Mullen.

(MCLE 1.00)*

Tax Section “Tax Accounting,” Dwight Mesereau.

(MCLE 1.00)*

TUESDAY, MARCH 15 Noon

International Law Section “New IRS Reporting and Withholding Requirements for Payments to Offshore Payees,” Maxine Aaronson. (MCLE 1.00)*

Peer Assistance Committee

Community Involvement Committee

TUESDAY, MARCH 8

Law in the Schools & Community Committee

DAYL Elder Law Committee

DAYL Animal Welfare Committee

Noon

Business Litigation Section “Federal Practice in the Northern and Eastern Districts: What Lawyers Need to Know,” Hon. Barbara M.G. Lynn, Hon. John Ward and John Ward, moderator.

(MCLE 1.00)*

WEDNESDAY, MARCH 16 Noon

Energy Law Section “Ding Dong Duhig is Dead,” Terry Hogwood.

(MCLE 1.00)*

Health Law Section “Where’s My Wheelchair?: The Past, Present and Future of Durable Medical Equipment in America,” Edward L. Vishnevetsky. (MCLE 1.00)*

6:00 p.m. Home Project Committee

Law Day Committee

WEDNESDAY, MARCH 9

Pro Bono Activities Committee

Municipal Justice Bar Association

Non-Profit Law Study Group

Admissions & Membership Committee

Bench Bar Conference Committee

Entertainment Committee

DAYL Equal Access to Justice Committee

7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group Noon

Family Law Section “Child Custody Evaluations,” Katherine A. Elias. (MCLE 1.00)*

House Committee Walk Through

5:15 p.m. LegalLine—Volunteers welcome. Second floor Belo.

5:15 p.m. LegalLine—Volunteers welcome. Second floor Belo.

THURSDAY, MARCH 17 Noon

THURSDAY, MARCH 10 11:30 a.m. DAYL Barristers for Babies Noon

CLE Committee

Publications Committee

Christian Lawyers Fellowship

Dallas Asian American Bar Association

6:00 p.m. J.L. Turner Legal Association

FRIDAY, MARCH 11 Noon

FRIDAY, MARCH 4 Noon

Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.

“Health Care Reform Update,” Henry Talavera and Kenya Woodruff. (MCLE 1.00)*

MARCH 11 – NORTH DALLAS** Noon

March 2011

Friday Clinic – North Dallas “Maximizing Your Mediation,” Jay C. Zeleskey.

(MCLE 1.00)* RSVP to kzack@dallasbar. org. At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Suite 240 Dallas, Texas 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, Griffith Nixon Davison, P.C.

Trial Skills Section “Mediation,” Dan Marley. (MCLE 1.00)*

Dallas Volunteer Attorney Program “Stalking Law,” Detective Jon Lumbley.

(MCLE 1.50)* To register, contact perkinsa@ lanwt.org or reed-brownc@lanwt.org.

Appellate Law Section “Something New, Something Blue: Navigating the New Greenbook and Bluebook, Plus Staff Attorneys Reveal Their Secret Writing-Style Preferences,” Judy White, David Tobias and Greg Lensing. (MCLE 1.00)*

Minority Participation Committee

Christian Legal Society

Dallas Gay & Lesbian Bar Association UPL Subcommittee

Ladik. (MCLE 1.00)* Juvenile Justice Committee Legal Ethics Committee

DVAP New Lawyer Luncheon

DAYL Lunch & Learn “Drafting and Surviving on Pleadings (Special Exceptions and Motions to Dismiss.” (MCLE 1.00)*

5:30 p.m. DAYL Judicial Intern Orientation

THURSDAY, MARCH 24

9:00 a.m. Dallas Volunteer Attorney Program

Collaborative Training. For more information, contact perkinsa@lanwt.org or reed-brownc@lanwt.org.

Noon

Antitrust & Trade Regulation Section “Update on Class Certification and Pleading Standards in Antitrust Actions,” Brian Robion and Barry Barnett. (MCLE 1.00)*

Environmental Law Section “Federal/State Relations in the Air World,” Pam Giblin. (MCLE 1.00)*

Media Relations Committee

Transition to Law Practice Committee “Civility in the Legal Profession,” panelists Frank Branson, Hon. Jane Boyle, Bob Mow and Robert Tobey, moderator. (MCLE 1.00)*

FRIDAY, MARCH 25

9:00 a.m. Dallas Volunteer Attorney Program

Collaborative Training. For more information, contact perkinsa@lanwt.org or reed-brownc@lanwt.org.

Noon

Intellectual Property Law Section “Patent Litigation and Juries: Observations From the Bench,” Hon. Royal Ferguson.

(Ethics 1.00)*

MONDAY, MARCH 28 Noon

Computer Law Section “Legal Issues in the Historical Development of the Internet: The Five Big Bang Theory,” Peter S. Vogel.

(MCLE 1.00)*

Securities Section “Ethics and Conflicts of Interest in Securities Law Representations,” Marc Steinberg.

(MCLE 1.00)*

Golf Tournament Committee

DAYL Solo & Small Firm

3:30 p.m. DBA Board of Directors

TUESDAY, MARCH 29

FRIDAY, MARCH 18

6:00 p.m. Dallas Hispanic Bar Association

8:45 a.m. Criminal Law Section

“Criminal Appeals & Post-Conviction Writs Seminar,” Various speakers, including luncheon keynote speaker Russell Wilson. Sponsored by the Criminal Law Section and CLE Committee. For more information, contact Gary Udashen (214) 468-8100 or Cynthia Garza (214) 653-3600.

(MCLE 6.50, including Ethics 1.00)*

MONDAY, MARCH 21 Noon

Labor & Employment Law Section “Effective Client Relationships from the Perspective of Plaintiff’s Counsel, Defense Counsel and In-House Counsel,” Edel Cuadra, Karen Fitzgerald and Tonya Holt. (MCLE 1.00)*

TUESDAY, MARCH 22

Noon

DAYL Aid to the Homeless Committee

WEDNESDAY, MARCH 30

11:30 a.m. Dallas Bar Foundation Fellows Luncheon 5 p.m.

Dallas Volunteer Attorney Program—Belo Legal Clinic

THURSDAY, MARCH 31 Noon

Collaborative Law Section “Information Collection from Third Parties During the Collaborative Process,” Hon. Marty Lowy and Anne Shuttee. (MCLE 1.00)*

Senior Lawyers Committee

Community Service Fund Board DAYL Lawyers Serving Children CLE For more information, contact cherieh@dayl.com.

Noon

Probate, Trusts & Estates Section “Decedents and Heirship,” Ann Ashby and Larry Wolfish. (MCLE 1.00)*

Courthouse Committee

American Immigration Lawyers Association

3:30 p.m. Judicial Investitures of Judges Teresa Hawthorne, Julia Hayes, Etta Mullin and Tina Yoo. Reception to follow.

WEDNESDAY, MARCH 23

7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group Noon

Sports & Entertainment Law Section “Immigration Strategies for Extraordinary and Ordinary Artists, Athletes and Entertainers,” Steve

FRIDAY, APRIL 1

9:00 a.m. Dallas Minority Attorney Program.

For more information, contact ahernandez@dallasbar.org.

Noon

Friday Clinic-Belo Topic Not Yet Available

DBA Morris Harrell Professionalism Committee presents

“Reviewing thewith Conduct of a Judge” Seana Willing, Executive Director of the State Commission on Judicial Conduct Ethics 1.00 March 1, Noon, at Belo

If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Cathy Maher at 214/220-7401 as soon as possible and no later than two business days before the seminar.

All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION. *For confirmation of State Bar of Texas MCLE approval, please call Teddi Rivas at the DBA office at 214/220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact KZack@dallasbar.org.

M arc h 2 0 1 1 â€

D al l as Bar A ssoci ati on l Headnotes 3

4 He a d n o t e s l D a l l a s B a r A s s o ciation

March 2011

Headnotes

President's Column

Honoring the Profession

by BARRY SORRELS

As we settle in to 2011, I will use this column to recognize and celebrate the achievements of our members whose extraordinary efforts lead to the successful execution of our programs, to inform you about upcoming events of interest, and, sometimes, to raise awareness and ask for additional contributions on behalf of upcoming programs.

High School Mock Trial Competition

On March 4 and 5, the Dallas Bar will host the Texas High School Mock Trial Competition. United States District Judge Barbara Lynn will once again preside over the championship round. Thank you, Judge Lynn, for the time you take to judge this program. Your presence lends an air of authenticity and circumstance to this momentous event in the lives of the young men and women who make it to the final round. I have served as a scoring judge in the past for this event, and I can tell you firsthand that the skill, courage, and preparation these students display in the competition is really quite astounding.

The final round is the culmination of a tremendous effort by the Dallas Bar’s Mock Trial Committee, which is co-chaired again this year by the Honorable Lana Myers and Steve Gwinn. Justice Myers and Mr. Gwinn are very passionate about this program, and they put on a great competition. We are lucky to have them, and I cannot thank them enough for the contribution this particular program adds to the Dallas Bar. Each year, Mr. Gwinn and Justice Myers, along with the lawyers who make up their committee, write a “case” for the students.

They organize and administer the Dallas ISD competition (Chaired by Scott Sellhoff), the Region 10 competition (Chaired by Prater Monning) and the State Championship competition (Chaired by Steven Russell). During this six-week period, the students, who participate as lawyers and witnesses, work together within their teams and try the “case” from both sides. The trials are held at the George Allen Courthouse in the actual courtrooms. The students are judged by our members who have volunteered their evenings and weekends.

For many of these students, this competition is their first experience with the judicial system and the first time they have interacted with lawyers. Those of you who contribute your time by judging and coaching are in a special position as ambassadors of the profession to introduce, encourage, and influence these young men and women as they learn about the practice of law. The lawyers and judges who give up their time and, in some cases, their courtrooms, give the experience richness and meaning, making it memorable for the competitors. For these reasons it is very popular with the students, and we could not pull this event off without the help of literally hundreds of our members. Thank you all for your generosity. To volunteer to judge one of the rounds of the competition, please contact Amy Smith at asmith@dallasbar.org.

Criminal Appeals and Post-Conviction Writs Seminar

On March 18, the Dallas Bar Association, through the Criminal Law Section chaired by Gary Udashen and the CLE Committee chaired by Diane Sumoski and Robert Udashen, will hold an all-day seminar on appellate practice in criminal law. What makes this seminar special is both the competency of its directors and the subject matter it will cover.

Gary Udashen of Sorrels Udashen & Anton is of the most highly respected and successful appellate lawyers in the state. In preparation for this seminar, he has assembled a team of presenters which includes Appellate Division Chief of the Dallas County District Attorney’s office, Mike Casillas, Appellate Division Chief of the Dallas County Public Defender’s office, Kathi Drew, Texas Court of Criminal Appeals Supervising Attorney of Post-Conviction Writs, Michael Stauffacher, Dallas Court of Appeals Justices Kerry FitzGerald, Molly Francis, and Lana Myers, and Texas

Court of Criminal Appeals Judge Mike Keasler.

Although seminars which cover criminal law are not uncommon, a seminar with a primary focus on criminal appellate practice is rare. The opportunity to attend such a well-conceived, wellpresented CLE in our hometown should not be overlooked by the membership. Because of the balanced presentation and the nature of the event, I hope to see lawyers and judges from all sides and levels of the criminal law practice, as well as any lawyer with an interest in the subject matter, at the Belo Mansion on March 18. For more information about this program and to RSVP contact Gary Udashen at (214) 468-8100 or Cynthia Garza at (214) 653-3600.

Summer Law Intern Program

As with the High School Mock Trial Competition, the Dallas Bar has a long history of working hand-in-hand with the Dallas ISD to provide opportunities for students to be introduced to the practice of law. The Summer Law Intern Program is one of the longest standing programs reflecting that alliance.

This year, the Summer Law Intern Program is chaired by Ryan McFarlin and Erin Peirce, who are doing a great job and have ambitious dreams for the program. They will oversee the process by which incoming high school seniors are matched with law firms and lawyers for four- or eight-week summer internships (June 13 – July 8 and July 11 – August 5). Their goal for this year is to match 60 students with internships, and they need your help.

The application process for these students is rigorous and administered through the cooperation of the Dallas Bar and high school guidance counselors. The students must complete an application, submit letters of recommendation and a writing sample, and participate in an interview with Dallas Bar attorneys. It is the goal of the program to place at least one student from each school with a law office. Of those students who are ultimately chosen for internships, a panel of attorneys and counselors meets to match them with the law office which they feel will provide the best fit. What this means is that firms and lawyers who agree to participate and take on a summer law intern will receive a student at the top of his or her class who has successfully navigated an incredibly selective application process.

Of course, if you are interested in providing an internship to a student and you would like to be involved at this stage, you are absolutely welcome to participate in interviewing prospective students or choosing which student will be matched to your office.

These students work for $8 an hour. They are excited for the opportunity, they are incredibly capable, and they are ready and willing to do any work you would ask them to do. As you might imagine, past participants in the program often talk about their proficiency (if not superiority) in the area of internet research. There is also a “feelgood” element of this program for you as you develop a mentoring relationship with the student, teach him or her about the law, and model what it means to be a lawyer.

The program also allows for lawyers and firms to sponsor these internships without actually accepting an intern. If you would like to contribute to the program but do not have a place for one of these students in your office, you can donate money to help pay for a student who can then be placed with a non-profit legal organization and provide them much needed assistance.

The Summer Law Intern Program will complete the interview process in the end of March, and will begin to match interns to offices in early April, so this would be the ideal time for you to agree to participate as a sponsor or employer, but the program will continue accepting employers and sponsors up to the summer. If you would like to participate, please contact Amy Smith at asmith@dallasbar.org.

Thank you

The more time I spend at the Belo, visiting committees and sections, and talking to members who are doing exceptional work, the more I continued to be amazed by the great things our lawyers are doing. Thank you for your work and for your com HN mitment to the practice and to our community.

Play Golf at Cowboys Golf Club Save the date for the 19th Annual Pro Bono Golf Classic, benefitting the Dallas Volunteer Attorney Program.

Thursday, May 5, 2010 at Cowboys Golf Club Entertain clients with a golf game, while helping a family in need.

Registration includes lunch, dinner and refreshments on the course.

The tournament is a 4-person scramble format -- limited to the first 128 golfers.

Lots of prizes, plus great goody bags, raffle and other fun games!

Check-in and use of the practice range begins at 11 a.m. and shotgun start is at 1:30 p.m. A reception and awards dinner will follow the tournament at 5:30 p.m.

For more information, visit www.dallasbar.org. For more information on sponsorships, contact Rhonda Thornton at rthornton@dallasbar.org.

Published by: DALLAS BAR ASSOCIATION 2101 Ross Avenue Dallas, Texas 75201 Phone: (214) 220-7400 Fax: (214) 220-7465 Website: www.dallasbar.org Established 1873 The DBA’s purpose is to serve and support the legal profession in Dallas and to promote good relations among lawyers, the judiciary, and the community.

OFFICERS President: Barry Sorrels President-Elect: Paul K. Stafford First Vice President: Sally Crawford Second Vice President: Scott McElhaney Secretary-Treasurer: Sean Hamada Immediate Past President: Ike Vanden Eykel Directors: Brad C. Weber (Chair), Jerry C. Alexander (Vice Chair), Kim Askew (At-Large), Penny Brobst Blackwell (President, Dallas Association of Young Lawyers), Eric Blue (President, J.L. Turner Legal Association), Hon. Rob Canas ( Judicial At-Large), Wm. Frank Carroll, Rob Crain, Laura Benitez Geisler, Hon. Martin Hoffman, Michael K. Hurst, Monica Latin (At-Large), Karen McCloud, Eunice Kim Nakamura (President, Dallas Asian American Bar Association), Mary Scott, Hon. Teresa Guerra Snelson (President, Dallas Hispanic Bar Association), Diane M. Sumoski; and Michele Wong Krause.

Advisory Directors: Chip Brooker (President-Elect, Dallas Association of Young Lawyers, Victor N. Corpuz (President-Elect, Dallas Asian American Bar Association), Lori Hayward (President-Elect, J.L. Turner Legal Association) and Carlos Morales (President-Elect, Dallas Hispanic Bar Association).

Delegates, American Bar Association: Rhonda Hunter, Hon. Douglas S. Lang Directors, State Bar of Texas: Talmage Boston, Christina Melton Crain, Beverly Bell Godbey, Robert R. Roby, Frank E. Stevenson, II HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications / Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Thomas Phillips Advertising: Karla Howes PUBLICATIONS COMMITTEE Co-Chairs: Vincent J. Allen and Timothy G. Ackermann Vice-Chairs: Lea N. Clinton and Natalie L. Arbaugh Members: H. Joseph Acosta, Kevin Afghani, Nelson Akinrinade, Vance L. Beagles, Jason Bloom, Barbara Boudreaux, Jeremy Camp, Noel Chakkalakal, Y.W. Peter Chen, Ryan Cosgrove, Sally Crawford, Weston Davis, Pat Driscoll, David Drummer, Dawn E. Fowler, Jennifer Gajak, Constance Hall, James Holbrook, Dyan House, Victor Johnson, Harold Jones, Adam Kielich, Michelle Koledi, Cherika Latham, Jamie McKey, Patrick McLain, Thomas L. Mighell, Clay Miller, Jennifer Mitchell, Heather Bailey New, Emmanuel Obi, Jenna Page, Kirk L. Pittard, Elizabeth Pletan, Irina B. Plumlee, Laura Anne Pohli, Robert Ramage, Juan Renteria, Bryon Romine, John Roper, Gregory W. Sampson, Mary Scott, Barry Sorrels, Thad Spalding, Paul K. Stafford, John C. Stevenson, Amy E. Stewart, Scott Stolley, Roxana Sullivan, Sherry Talton, Peter S. Vogel, Suzanne R. Westerheim, Elisabeth Wilson, Sarah Q. Wirskye, Sarah Woodell, Angela Zambrano and Viktoria Ziebarth DBA & DBF STAFF Executive Director: Catharine M. Maher Accounting Assistant: Shawna Bush Communications / Media Director: Jessica D. Smith Controller: Sherri Evans Director of Community Services: Alicia Hernandez Events Coordinator: Rhonda Thornton Executive Assistant: Michelle Dilda Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewer: Marcela Mejia Law-Related Education & Programs Coordinator: Amy E. Smith Membership Coordinator: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Teddi Rivas DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Lakeshia McMillan, Andrew Musquiz, Jigna Gosal, Tina Douglas Data Entry/Office Support: Patsy Quinn Copyright Dallas Bar Association 2011. 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 Associationís 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.

M arc h 2 0 1 1

Focus

D al l as Bar A ssoci ati on l Headnotes 5

Corporate Counsel

SEC Increases Shareholder Control

by Julie A. Chandler

Last October, the SEC further increased shareholder control and transparency in corporate governance when it proposed new rules regarding shareholder approval of executive compensation and “golden parachute” compensation. The rules were enacted in accordance with Section 951 of the DoddFrank Wall Street Reform and Consumer Protection Act and apply to all public company shareholder meetings conducted on or after January 21, 2011, with some exceptions. The three mainstays of the new rules are known as 1) “Say-on-Pay,” 2) “Say-on-Frequency,” and 3) “Say-on-Parachute.”

Say-on-Pay requires public companies, at least once every three years, to allow their shareholders an advisory vote on all executive compensation. The Sayon-Pay vote must cover all executive compensation required to be disclosed under Item 402 of Regulation S-K of the Securities Exchange Act of 1934.

Generally speaking, this means that the vote must include all plan and non-plan compensation awarded to, earned by, or paid to executive officers for all services rendered in all capacities. Notably, the SEC stated its view in the proposed rule release that a vote to merely approve a company’s general compensation policies and procedures would not satisfy the Say-on-Pay requirement.

Say-on-Frequency requires public companies, at least once every six years, to give shareholders an advisory vote on whether the Say-on-Pay vote should be held every one, two or three years. The SEC has stated that it expects Boards of Directors to make a recommenda-

TH E

tion to shareholders as to the frequency of the Say-on-Pay vote, although they must make clear that shareholders are not voting to approve or disapprove the Board’s recommendation. Further, once a Say-on-Frequency advisory vote has been taken, companies are required to make additional disclosures in their Forms 10-K or 10-Q regarding the results of the Say-on-Frequency vote and how they have affected the company’s decision on the frequency of Say-on-Pay. Say-on-Parachute requires that public companies provide shareholders an advisory vote on all benefits received by executives in connection with an acquisition, merger, consolidation or proposed sale or disposition of all or substantially all of the company’s assets (known as “golden parachute compensation”).

Though companies have long been required to disclose potential payments upon termination or change in control in annual proxy statements and Forms 10-K, such requirements did not apply to merger proxies. In an effort to fill this gap, the Say-on-Parachute rules require companies to disclose, in proxy statements soliciting shareholder approval of a merger or similar change-in-control transaction, any and all agreements, plans or arrangements, whether written or unwritten, that provide for golden parachute compensation.

Additionally, the SEC has confirmed that the Say-on-Pay and Say-onFrequency votes qualify as non-routine matters related to executive compensation under NYSE Rule 452. NYSE Rule 452 prohibits brokers from voting on non-routine matters, such as executive compensation, without specific instructions from the beneficial owner of the

L ATE ST

APPELLATE

OPINIONS — AVA I L A B L E D A I LY ON T E X A S L AW Y E R .C O M Click on “Daily Case Alert” to see the most recent case law or click on “Appellate Court Opinions” to search by practice area.

securities. Many shareholders hold their shares “in street name,” in which case the shareholder’s broker holds the shares.

In the past, it was common practice for brokers to simply vote in the affirmative in the event that they did not receive specific voting instructions from the beneficial owners of the shares. With the advent of Rule 452, many measures, including matters related to executive compensation, will require more shareholder involvement in order to pass.

It is important to remember that even if a company is not listed on the NYSE, Rule 452 governs FINRA-member broker-dealers, and therefore it has the potential to impact voting even at companies that are listed on another exchange. Further, NASDAQ followed NYSE’s lead with NASDAQ Rule 2251, which mirrors Rule 452 and became effective on December 15, 2010.

Although Say-on-Pay, Say-on-Frequency and Say-on Parachute votes are

all non-binding on the Boards of Directors, their impact is nonetheless significant. In preparation for upcoming shareholder meetings and the transition to the new rules, companies should undertake a thorough review of their executive compensation policies and practices, eliminating or revising practices that are unfair or could give the appearance of impropriety. The practical import of Say-on-Pay, Say-on-Frequency, Say-onParachutes, NYSE Rule 452 and NASDAQ Rule 2251 is that the SEC’s trend toward giving shareholders a real measure of control over corporate governance is continuing, and public companies should stay prepared for increased transparency and greater accountability.

Ms. Chandler is a corporate associate in the Dallas office of K&L Gates, LLP, where her practice focuses on securities and mergers and acquisitions. She can be reached at julie.chandler@klgates.com.

Criminal Appellate & Post-Conviction Writs Seminar Friday, March 18 8:45 a.m. to 3:30 p.m., at the Belo MCLE 6.50, including Ethics 1.00

Speakers include: Bruce Anton, Gary Udashen and Robert Udashen of Sorrels, Udashen and Anton; Mike Casillas and Lisa Smith of Dallas County DAs Office; Kathi Drew, Dallas County Public Defender’s Office; Michael Stauffacher, Post-Conviction Writs Section of the Texas Court of Criminal Appeals; Russell Wilson, of Burleson, Pate & Gibson; Judge Mike Keasler of the Texas Court of Criminal Appeals; and Justices Kerry Fitzgerald, Molly Francis and Lana Myers of the Fifth District Court of Appeals For more information call Gary Udashen (214) 468-8100 or Cynthia Garza (214) 653-3600.

Sponsored by the Criminal Law Section and the CLE Committee

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

Louise Raggio Passes Away Dallas Bar Association member and Marital Property Act of 1967, which elimiwomen’s rights activist Louise Raggio nated legal discrimination against women passed away January 23, 2011. She was 91 in Texas, the first woman to become chairyears old. Ms. Raggio graduated from SMU man of the State Bar of Texas’ family law panel, the first woman director of the State School of Law in 1952.

After graduating valedictorian from Bar of Texas, and the list goes on.

In 1958, she quit the DA’s office to enter Austin High School, she attended the University of Texas at Austin where she private practice with her husband and Raggraduated magna cum laude in 1939 with a gio & Raggio, P.L.L.C. was created. Ms. bachelor’s degree and a teacher’s certificate. Raggio focused her practice on women and Shortly thereafter, in 1941, during a Rock- family rights, where she strived for equality and fairness. She was often efeller fellowship in public called the “Mother of Famadministration at American ily Law in Texas.”

University in Washington, She was well respected D.C., she met and later maramong the Dallas legal ried Grier Raggio. community and though a After World War II, Ms. “Texas Tornado” in the legal Raggio decided to continue field, Ms. Raggio was also an her education. With a famattentive mother and active ily at home, but at the urging family person. Judge Franand support of her husband, cis Harris once wrote, “Her she decided to pursue a law pioneering efforts have degree. By attending night made her one of the leading law school in a class where she Louise Raggio lawyers of our time, yet she was the only woman, Ms. Raggio completed her degree and set in motion remains warm and unfailingly humble. She what would become a record-setting legal is truly a remarkable woman.”

Among her numerous awards, Ms. career.

Ms. Raggio was a trailblazer in more Raggio has received the Dallas Bar Assoways than one. After a slow start in 1952 ciation’s Morris Harrell Lawyer of the Year because no one was hiring female attorneys, Award, the inaugural DBA Outstanding Ms. Raggio got the break she needed in the Trial Lawyers Award, the ABA’s Margaret form of Sarah T. Hughes, a state judge at Brent Award and she is also an inductee in the time. Judge Hughes had been urging the Texas Women’s Hall of Fame. She was District Attorney Henry Wade to hire a listed as one of The Best Lawyers in America woman as the assistant district attorney. He and Southern Methodist University has a lecture series in her name. finally did so, and the rest is history.

Ms. Raggio is survived by her sons Grier Not only was Ms. Raggio the first female assistant district attorney in Dallas County, Raggio, Jr., Kenneth Raggio and Thomas she was also the first woman to prosecute L. Raggio, seven grandchildren and six HN a criminal case, the woman behind the great-grandchildren.

March 2011

D&O Insurance for In-House Counsel continued from page 1

In public companies, this question is often answered by the listing of officers in its public filings. If the general counsel is not listed, looking to the definition of officer found in the securities rules and regulations can help determine if the counsel is an officer.

The answer may also be found in the company’s charter, bylaws, or other organizational documents.

For private companies, the question is more complex. Many insurance policies do not define “officer.” In such cases, we must look to the organizational documents to determine how “officer” is defined, if at all. The question primarily arises because considering the meaning of “officer” without a definition raises this issue: What titles should be included in coverage? In one company, the GC may be equivalent to a C-level officer. In another, he or she may be a vice president—a title often too common to necessarily be an officer.

The question also arises for members of an in-house legal department who are not General Counsel. Without some further consideration, lowerlevel in-house attorneys are generally not covered by a D&O policy.

Simply put, the title General Counsel, without more, does not answer the question.

In what capacity were you acting?

D&O policies cover directors and officers acting “in their capacity as such.” GCs often have many roles within a company, including: a member of the management team; the company’s lawyer; corporate secretary; Chief Compliance Officer; Risk Manager; or business advisor. Whether a GC has insurance coverage often depends on the role in which the GC was acting at the time of complained-of actions.

If filling the role of corporate secretary or business advisor, the GC should be afforded coverage in the same manner as any other officer acting in that capacity.

However, if acting as the company’s or the executive’s lawyer, the GC may have no coverage because many carriers will consider such action as the provision of professional services, which

is typically excluded from coverage in D&O policies. (It is important to note that while Errors & Omissions insurance policies are designed to coverage liability arising from the provision of professional services, E&O is intended for professional services sold by a company, not performed for it. The legal services by in-house counsel are for the insured, not its customers.)

What are the options for ensuring coverage?

One solution—particularly for a private company—is to expressly include an-in house counsel in the policy by: including the title “General Counsel” in the definition of “insured;” including in-house lawyers as a group in the definition of “insured” or by endorsement; or amending corporate documents to include the GC as an officer.

There are multiple options for addressing the more complex question of capacity under a policy. Presuming the GC has been determined to be an officer, one option for addressing the coverage issue is to delineate the duties of the GC in the corporate documents to include the provision of legal services to the company.

Another is to amend the definition of “wrongful acts” within the D&O policy to remove references to actions taken “solely” in the GC’s capacity as an officer or director. Instead, consider language covering all actions done in the GC’s officer capacity, even when they are interrelated with actions taken in other capacities.

Another option for addressing the issue outside of insurance is to enter into an Indemnification Agreement with the company, separate from any indemnification provided for in corporate bylaws or other documents.

Finally, a company can consider Employed Lawyers coverage, which is a sort of legal malpractice policy designed to cover the activities of inhouse counsel in their role as lawyer to the company, rather than their role as a member of management. Such policies can also cover in-house attorneys who are not GCs, as well as paralegals HN and contract attorneys.

Kara Altenbaumer-Price, J.D., is Director of Complex Claims & Consulting for USI. She can be reached at kara. altenbaumer-price@usi.biz.

~ In Memoriam ~ Since 1875, the DBA has honored recently deceased members by passing resolutions of condolences. This tradition continues through the work of the DBA Memorial & History Committee. To view the Memorial Resolutions presented to the families of deceased members, visit www.dallasbar.org.

Hon. Theo Bedard (1931-2010), a 1954 graduate of the University of Texas School of Law Charles O. Galvin (1919-2011), a 1947 graduate of Northwestern University Law School Richard D. Hawn (1947-2010), a 1973 graduate of the SMU Dedman School of Law William A. Hunter (1917-2011), a 1949 graduate of the SMU Dedman School of Law Hon. Kim Mercier (1964-2011), a 1992 graduate of the SMU Dedman School of Law Louise Raggio (1919 -2011), a 1952 graduate of the SMU Dedman School of Law Alan Utay (1965 -2010), a 1990 graduate of the University of Texas School of Law

Marc h 2 0 1 1

Focus

D al l as Bar A ssoci ati on l Headnotes 7

Corporate Counsel

Mediation Success: 3 Tips from the Client’s Perspective

by John DeGroote

As we all know, the best way to spend less on litigation is to have less litigation, and mediation can be a great way to get there.

But mediation doesn’t always work. Occasionally the other side isn’t ready, willing or able to settle on mediation day. This article provides a few tips on how you might get the most out of your next mediation, whether you settle that day or not.

Tip Number One: Manage Expectations Before You Get There. Not so long ago I had my public-company client ready to settle a case as we walked into mediation. Unlikely as it may seem, my client had assessed the case, understood its position and formulated a settlement plan that would resolve our aging case before trial. Ten minutes into our mediation the other side handed me a newly-filed pleading, adding antitrust claims to our garden-variety commercial dispute. As fun as that short meeting might have been for opposing counsel, do you think our case settled that day?

How is satisfaction judged, whether you’re in litigation or watching your team in the playoffs or driving to Telluride? Clients, sports fans, and kids in the third row judge

success against their expectations, and how you prepare them for the journey will have an impact on the process. Does your client think the case is the rare $100,000 soft-tissue injury case? Does your opposing counsel think your client will pay more for the claim than other similar claims? Does your mediator think next week’s mediation will end before sundown? If they’re wrong—way wrong—isn’t it easier to begin moving their position before mediation day?

Tip Number Two: Settle Halfway if You Can’t Settle It All. If you don’t settle today, is the only alternative to return to full-scale litigation? No. As your case heads toward impasse, begin thinking of how to make your big case a small case if you can’t settle.

As it turns out, some stones can go unturned. What do you really need for this dispute? Do you really need that laches defense, or that deposition in Columbus or that customer’s deposition? What will the other side give up if you waive it? Since neither will be successful, can you trade your laches defense for the other side’s gross negligence claim? Or better yet, can both sides combine a few of their less promising positions, claims and discovery requests to streamline what’s left?

If you can’t narrow the dispute, can each

Need someone to help take on the ‘unwanted’ office work?

Will your busy office need some quality help this summer? Let our Summer Law Intern Program help you fill the position – Part-time or Full-time for either 4-wks or 8wks – the choice is yours!

We have goal-oriented DISD high school seniors interested gaining law firm experience by assisting you for a nominal fee. Employers can also interview and select these goal-oriented students from a large pool - expect the best.

Program: June 13-Aug. 5.

For more information, please contact Amy Smith at asmith@dallasbar.org or (214) 220-7484 or visit our websitewww.dallasbar.org/summerlawinternprogram

United States v. Lauren C. Stevens continued from page 1

be used against [the pharmaceutical company] in this or in a future investigation.”

Nonetheless, Stevens allegedly sent a “final letter” that “falsely” stated the company had completed its production of information and documents in response to the inquiry.

Several months after this final letter, Stevens supposedly learned that a sales representative had turned “whistleblower” by providing the FDA several of the withheld slide sets. In response, Stevens allegedly sent a letter to the FDA claiming there were only “isolated deficiencies” in the company’s promotional programs, and that the company had not encouraged an off-label use of the drug .

Moreover, Stevens selectively enclosed with this letter only the few slide sets she knew the FDA had received from the whistleblower.

Ms. Stevens was charged with obstructing an official proceeding, concealing and falsifying documents to influence a federal agency, and making false statements to the FDA. The Boston U.S. Attorney stated: “There is a difference between legal advocacy based on the facts and distorting the facts to cover up the truth.” Stevens’ lawyers shot back stating: “Everything she did in this case was consistent with ethical lawyering and the advice provided her by a nationally prominent law firm retained by her employer specifically because of its experience in working with the FDA.”

Key Takeaways

1) Consider allowing outside counsel to respond directly to the government.

Cost pressures have dictated that corporate counsel take certain functions in-house. This case illustrates that those benefits might be far outweighed by the risk of liability. While it is not certain, one cannot help but think

that outside counsel dealing directly with the FDA would have changed things. Should this function remain in-house, however, consider designating another to be the formal custodian so the lines between custodian and advocate are not blurred.

2) Lawyering can be the subject of criminal review. No doubt, Stevens will defend on the ground that she, as a lawyer, exercised her legal judgment in determining that the withheld information was either not subject to production or not called for by the FDA– the “meat and potatoes” of lawyering in this realm. Know that one’s legal judgment might potentially be called into question nonetheless. Know also that the government believes there is a clear enough line between advocacy and misconduct.

3) Carefully respond to even simple government inquiries. Stevens was merely responding to an informal request, not a subpoena, civil investigative demand, or other formal request. No request should be taken lightly.

4) The cover up is always worse than the crime. We need only look at the long list starting with Martha Stewart, Watergate and Iran-Contra to know this truism. Remember, it’s nearly always easier for the government to prove obstruction than it is to prove the alleged underlying crime.

5) Whistleblowers, whistleblowers, whistleblowers! Let’s face it; ours has become a tattletale society. Whether it is the False Claims Act or securities violations under Dodd-Frank, whistleblowers are the tool du jour for law enforcement. Assume that anything you do could be the subject of a whistleblower action. Harkening back to Hill Street Blues: “Be careful out there.”

Bill Mateja is a former federal prosecutor and current principal at Fish & Richardson where he specializes in white collar defense and government investigations. He can be reached at mateja@fr.com.

of you have less at risk? One way to achieve this is through a high-low agreement, which is a form of settlement agreement where the case continues toward traditional resolution through trial or arbitration, but the parties agree that, no matter the outcome in the proceedings, the plaintiff will recover at least x dollars but the defendant will pay no more than y dollars.

Under this arrangement the plaintiff is certain he will recover at least the number at the low end of the range, and the defendant caps her losses at a number she can deal with. High-low agreements can eliminate the defendant’s fear of a runaway result while ensuring the plaintiff recovers something.

Just as importantly, they can make the case smaller and easier to resolve when it’s time to get serious about settlement.

Tip Number Three: Exploit Nonsettlers’ Remorse If You Can. Not all parties who refuse to settle are happy with their decisions. “No” sounds tough on mediation day, but spouses and colleagues and bill col-

lectors and insurers occasionally have their own ideas. Unfortunately, the moment has passed. Or has it? Texas Rule of Civil Procedure 167 and Federal Rule of Civil Procedure 68 provide mechanisms for defendants to make written offers of judgment, with stated consequences if the offer is rejected and not bettered at trial. These rules give political cover to a defendant who wants to test whether the plaintiff who rejects an offer at mediation really wants the case to go the distance.

Importantly, these three tips are far from an exhaustive list. Clients and their counsel who focus on reducing the gap between the parties’ positions—before, during and after mediation—can be in a position to settle HN their dispute when it’s ready.

John DeGroote is a former general counsel currently serving as the Liquidating Trustee to the BearingPoint, Inc. Liquidating Trust through John DeGroote Services, LLC. He can be reached at jd@johndegroote.com.

8 He a d n o t e s l D a l l a s B a r A s s o ciation

March 2011

DBA State Bar President’s Update

by Terry Tottenham

Each of us needs a little help from time to time. Sometimes asking for that help can be tough. We lawyers are all too well acquainted with the pressures associated with our profession. Those pressures, combined with the day-today stresses we face, can become too much to bear. For lawyers struggling with anxiety, depression or substance abuse, taking that first step to find help might seem insurmountable.

With its new video, Practicing Law and Wellness: Modern Strategies for Lawyers Dealing with Anxiety, Addiction, and Depression, the State Bar is trying to help our colleagues who are at risk and may want to get help but not know where to turn. We hope this video will raise awareness about the recovery strategies available to lawyers and judges who are struggling with substance abuse, depression or anxiety and how they can get the help they need. This excellent DVD includes several real-life stories of lawyers who have faced substance abuse or depression, and therapists and wellness practitioners offering their suggestions for achieving a more balanced, less stressful life.

The DVD was produced by the outstanding staff of the Texas Lawyers’ Assistance Program (TLAP). Since 1989, TLAP has provided crisis counseling and referrals for lawyers, judges, and law students challenged by substance use disorders and serious mental

health issues, such as depression and Tips in Good Times and Bad.” Each are available at www.texasbar.com/texanxiety. To obtain a copy of the DVD, one-hour webcast provides practical ansonjustice.

The YouTube contest winners will you can call the TLAP office at (800) advice on ways to build and maintain a law practice, job search be announced as part of the 2011 Law 343-8527 or visit www.textechniques, or how to Day Celebration at the Texas Law asbar.com/tlap. In addition, improve networking skills. Center in Austin on May 9. The Law TexasBarCLE is providing To learn more, or to reg- Day theme is “The Legacy of John a 30- to 60-minute ethics ister for a webcast, visit Adams, From Boston to Guantanamo.” presentation on wellness For more information, you can conwww.texasbarcle.com. solutions at 52 advanced tact Catherine Barrett with the State courses this year.

Bar Local Bar Services Department at Another way you can cbarrett@texasbar.com or (800) 204help your fellow attorneys 2222, ext. 1517. I look forward to seewho face substance use or We are currently ing some great submissions from your mental health issues is by accepting entries for the area students! contributing to the Pat 2011 State Bar YouTube Sheeran and Michael J. video contest. Aspiring Crowley Memorial Trust, filmmakers can create a which provides financial 30-second PSA-style video Terry Tottenham assistance to colleagues on the theme “The Difference a Lawyer Mark your calendars! The 2011 who have committed to undergo necesMakes.”

This contest is the perfect way State Bar Annual Meeting is set for sary treatment and counseling to help them get back their lives and careers to get your children and their friends June 23–24 in San Antonio. It’s a great from substance abuse or mental health thinking about and discussing the role opportunity to get your CLE credit all disorders, such as depression. The trust, lawyers play in our justice system and in one place while reconnecting with named in honor of the first director of society. The deadline for entries is your colleagues and friends. For more TLAP, Pat Sheeran, and one of TLAP’s April 1, so there’s still plenty of time to information and to register online, visit founders, Michael J. Crowley, is funded enter. The contest rules and entry form www.texasbar.com/annualmeeting. solely by contributions. During their lives, both Mr. Sheeran and Mr. CrowJOIN THE DBA 100 CLUB ley helped many attorneys on their paths to recovery from alcohol, drugs, Membership is Now Open! or depression. If you would like to help your fellow lawyers in need, I encourThe Dallas Bar Association 100 Club is a special age you to contact TLAP Director membership recognition category that reflects a comAnn Foster at (800) 343-8527 for more mitment to the advancement of the legal profession information or to make a donation. and the betterment of the community. To become a For lawyers who are unemployed or member of the DBA 100 Club, every attorney in your underemployed, TexasBarCLE offers a Dallas office must be a member of the Dallas Bar Asfree monthly webcast series, “Practice sociation. Firms, government agencies, law schools and corporate legal departments with two or more lawyers that become a DBA 100 Club member will be listed in Headnotes and in the 2011 DBA Pictorial Directory, receive a Certificate of Appreciation as well as recognition at our Annual Meeting in November.

YouTube Contest and Law Day

Save the Date— Annual Meeting

This is the perfect time to encourage your newly hired attorneys to join the DBA and take advantage of our many member benefits—such as 400 FREE CLE programs offered each year, 29 substantive law Sections, numerous networking opportunities and community projects, plus many other member benefits as well as the opportunity to qualify for the DBA 100 Club.

The DBA 100 Club is open for renewal annually to every firm. We do not automatically renew a firm’s membership due to changes in firm rosters from year to year. Please submit a request to our Membership Department for consideration.

To become a 2011 DBA 100 Club member, please submit your request via email including a list of all lawyers in your Dallas office to Kim Watson, kwatson@dallasbar.org. We will verify your list with our membership records and once approved, your firm will be added to the 2011 DBA 100 Club membership list!

If we receive your list by May 1, your firm will be included in the June, July and August DBA 100 Club listing in our Headnotes publication.

Send in your list TODAY!

Don’t Miss Out on this Great Opportunity!

Ted M. Akin Voted # 1 Best Individual Mediator/Arbitrator in Dallas - Texas’ Best Survey

H H H H H H H H 3023 Hester Avenue Dallas, Texas H 75205-3525 (214) 821-6370 H www.judgeakin.com

4,000+ Cases Mediated Full-Time Mediator for 21 Years 90%+ Settlement Rate 35 Years of Judicial Experience Justice Retired, 5th Court of Appeals of Texas Member - National Academy of Distinguished Neutrals Member - The Association of Attorney Mediators Distinguished Mediator - Texas Mediator Credentialing Association Panel - FINRA Dispute Resolution Panel - CPR: International Institute for Conflict Prevention & Resolution

Mediator H Arbitrator H Special Judge

Marc h 2 0 1 1

Focus

D al l as Bar A ssoci ati on l Headnotes 9

Corporate Counsel

The Hot Seat: Ethics When In-House Counsel Testifies

by Amy E. Davis and Tasha Stringer Grinnell

In Shelton v. American Motors Corp., the Eighth Circuit noted that “the practices of taking the deposition of opposing counsel has become an increasingly popular vehicle of discovery.” Practitioners and courts agree–the practice has only gained momentum in the 15 years since.

Several trends have opened the door for adversaries to depose or otherwise compel the testimony of in-house lawyers. For instance, in response to the economic downturn, some in-house legal departments have increased the scope and type of matters handled internally, including the responsibility to oversee production of electronic data in litigation. At the same time, and often for the same reasons, in-house attorneys more often serve a dual role as both legal and business counselors.

Corporate counsel called to testify should keep in mind the ethical implications that can make taking the oath, as a deponent or trial witness, feel more like taking the hot seat. Well before testifying, counsel should carefully consider their duties and professional responsibilities.

These duties arise primarily from Texas Disciplinary Rule of Professional Conduct 1.05. That rule prohibits a lawyer from revealing the confidential information of a current or former client without express consent except in extraordinary, specifically enumerated situations, such as when a lawyer needs

the information to defend a suit brought by a former client. Confidential information clearly includes attorney-client and work-product privileged information. But it also includes some unprivileged information.

While a duty to protect attorney-client information is intuitive, what constitutes an attorney-client communication can be tricky for in-house lawyers. To start, it is difficult to determine who the client is and whether discussions with front-line employees constitute communications with a client. Texas Rule of Evidence 503(a)(2)(B) defines “representative of the client” to mean “any person who, for the purpose of effectuating legal representation for the client, makes or receives a confidential communication while acting in the scope of employment for the client.” Texas case law provides further guidance. Communications are protected if made (1) at the request of a supervisor; (2) for the purpose of legal advice to the company; (3) regarding a subject matter within the employee’s scope of corporate duties; and (4) they remain confidential.

It is unclear whether a communication containing both legal and business advice is protected as privileged. The Texas Supreme Court has held if any part of a communication is attorney-client privileged, the entire communication is protected from disclosure. See Huie v.

DeShazo, 933 S.W.2d 920 (Tex. 1996).

Federal courts, on the other hand, construe the privilege more narrowly even when applying the same Texas evidentiary rule, declining to apply the attor-

BELO LEGAL CLINIC Wednesday, March 30 ~ From 5 to 9 p.m.

At the Belo Mansion

VOLUNTEERS NEEDED! Attorneys are needed (at 6:30 p.m.) to provide legal advice to those who cannot afford an attorney. Support volunteers are also needed (at 5:30 p.m.) to help coordinate the legal clinic. Mentor-attorneys will be available to assist.

Sponsored by the Dallas Volunteer Attorney Program, a joint project of the Dallas Bar Association and Legal Aid of NorthWest Texas.

To volunteer, contact Chris Reed-Brown, DVAP recruiter, at (214) 243-2243 or reed-brownc@lanwt.org.

TRIED AND TRUE. Affordable rates. Tried and true experience. Texas Lawyers’ Insurance Exchange stands the test of time. While other companies come and go, we’ve continually provided liability coverage to our clients for over 30 years.

Over 5,000 Texas lawyers and judges know they can count on us for their malpractice insurance. Look to TLIE for unmatched industry experience and knowledgeable service.

512.480.9074 / 1.800.252.9332 INFO@TLIE.ORG WWW.TLIE.ORG

ney-client privilege to documents that were not clearly made for the sole purpose of obtaining and providing legal advice. See Navigant Consulting, Inc. v.

Wilkinson, 220 F.R.D. 467 (S.D. Tex. 2004).

The work-product privilege, although not as sacrosanct as the attorney-client privilege, broadly protects an attorney’s thought process and analysis but only once litigation is anticipated. A corporate attorney, then, should carefully consider timing before testifying as to mental impressions and evaluation. That is, was the observation made before or after the client reasonably anticipated the litigation at hand?

An in-house attorney’s professional obligations do not end there. Rule 1.05 encompasses unprivileged confidential information defined in the rule only as information relating to or furnished by a client during the course of or by reason of the representation. One Texas Ethics Opinion concluded a government attorney’s phone records constituted unprivileged confidential information under Rule 1.05, even though the information was otherwise subject to the Texas Opens Records Act. It follows that a corporate

lawyer’s phone records or similar information could also be confidential information as it is defined in Rule 1.05.

Without close attention to these ethical duties, in-house lawyers may inadvertently disclose a client’s privileged or confidential information while on the hot seat. This, in turn, may result in a myriad of disastrous outcomes. For this reason, at least one court has observed these situations “personally burden the attorney in question,” unnecessarily add to the costs of litigation, and potentially deter frank communications between attorney and client. N.F.A. Corp. v.

Riverview Narrow Fabrics, Inc., 117 F.R.D. 83 (M.D.N.C. 1987).

Ultimately, an in-house attorney’s ethical duties under Rule 1.05 may be unclear at best. To protect the witness and the corporation, it is wise for the attorney witness and the corporate client to have separate counsel when tes HN tifying.

Amy E. Davis is a business and employment litigation partner with Rose Walker, LLP in Dallas. Tasha Stringer Grinnell is an Employment and Litigation Counselor for Dean Foods Company based in Dallas. They can be reached at adavis@rosewalker.com and Tasha_grinnell@deanfoods.com, respectively.

10 H e a d n o t e s l D a l l a s B a r A s s o ciation

In the News

March 2011

March

FROM THE DAIS

Katherine Staton, of Jackson Walker L.L.P., spoke at the 22nd Annual Embry Riddle Aviation Law and Insurance Symposium in Orlando, Florida.

Joel N. Crouch, of Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P., spoke to the Denton Bar Association–Collaborative Law Section. William R. (Trey) Cousins III spoke to the Southeast Texas Chapter/TSCPA and Michael A. Villa, Jr. spoke at the American Bar Association Mid-Year Meeting in Boca Raton, Florida.

KUDOS

Polly Rea O’Toole, of Atkins, O’Toole & Briner, LLC, has received certification by the Texas Board of Legal Specialization in Family Law. Mike Baggett, of Winstead PC, was named chairman of the Dallas Regional Chamber and Kevin A. Sullivan began his term as the firm’s new CEO and Chairman.

Janis Loegering and Tom Yoxall, of Locke Lord Bissell & Liddell LLP, have been elected to the firm’s Executive Committee.

Art Anthony, Jack Jacobsen and Elizabeth Mack have been named to the firm’s Board of Directors for 2011.

Brent Martinelli and Clint Taylor, of Hermes Sargent Bates L.L.P., have been elected to Partner.

Joseph L. Mira and C. Jeffrey Novel, of

Kane Russell Coleman & Logan PC, have been elected new Directors of the firm.

David Bell, of Haynes and Boone, LLP, has been elected to Partner.

George A. “Tony” Mallers, of Cowles & Thompson, P.C., has been elected as a Fellow in the Texas Bar Foundation.

Stephen A. Beck, of Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P., has been named Partner in the firm.

Ronald Gaswirth, of the Gardere Wynne Sewell LLP, has been named to the advisory board of the Center for Retailing Studies at Texas A&M University.

Ron Chapman, Jr., of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., has been selected as a member of Law360’s 2011 Employment Editorial Advisory Board. Sean C. Urich, also of the firm has been elected Shareholder.

Judge Joe Cox, of Patton Boggs, LLP, has been presented the Award of Excellence by the Dallas Association of Young Lawyers Foundation.

Clifton A. Squibb, of Hamilton & Squibb, LLP, has become board certified in Oil, Gas and Mineral Law by the Texas Board of Legal Specialization.

office of Marilea W. Lewis, P.C., 4120 Main Street, Suite 200, Dallas, TX 75226. Phone: (214) 710-1251.

Daniel J. Hopper has joined Winstead PC as Associate.

Travis L. Booher has joined Looper Reed & McGraw P.C. as Associate.

Arnold Spencer has returned to Haynes and Boone, LLP as Partner.

Katherine R. Hendler has joined Lillard Wise Szygenda PLLC as Senior Associate.

Stanford Purser and Jason Weber have joined Hermes Sargent Bates L.L.P. as Associates.

Kelly E. Bryan and Eric G. Walraven have joined Hiersche, Hayward, Drakeley & Urbach, P.C. as Associate and Of Counsel, respectively.

Joseph Callister has joined Wick Phillips Gould & Martin, LLP as Associate.

Jane Du and Kaaren Shalom have

joined Fish & Richardson, P.C. as Associates.

William J. Dunne has joined Busch Ruotolo & Simpson LLP. Amy E. Davis and Tammy D. Wilbon have joined Rose Walker, L.L.P. Mark T. Mitchell has joined The Sandler Law Firm PLLC as Of Counsel.

Jacquelyn Clark and Clifford Nkeyasen have joined Cowles & Thompson, P.C. as Associates.

Laura P. Sims has joined the firm Crouch & Ramey, L.L.P. G. Edel Cuadra and William E. Hammel have joined Constangy, Brooks & Smith, LLP as Partners.

Robert M. Hailey has joined Russell & Wright, PLLC as a Senior Attorney.

Byron L. Woolley, P.C. and William R. Wilson have formed the law firm of Woolley Wilson, LLP located at 6440 N. Central Expwy. #505, Dallas, Texas 75206.

Judicial Investitures

ON THE MOVE

Marilea W. Lewis, former Judge of the 330 District Court, has opened the new

You Are Invited:

JUDICIAL INVESTITURES Honoring: Judge Teresa Hawthorne, 203rd Criminal District Court Judge Julia Hayes, County Criminal Court No. 2 Judge Etta J. Mullin, County Criminal Court No. 5 Judge Tina Yoo, County Criminal Court No. 8 Thursday, March 31, 3:30 p.m. Belo Mansion

Summer Law Intern Program

Interviewers Needed Help students get “real world” experience by interviewing for the upcoming Summer Law Intern Program. Interviews are held at each DISD high school and can be completed in about 2 hours.

Dates available: March 29, 30, 31 - 1:30 p.m.

For more information, please contact Amy Smith at asmith@dallasbar.or or (214) 220-7484 or visit our website: www.dallasbar.org/summerlawinternprogram

The Investitures of Family District Court Judge Andrea Plumlee (top) and Judge James Martin (above) were held at Belo on January 21. The Hon. Cheryl Lee Shannon and the Hon. Gracie Lewis performed the swearing-in ceremony.

“What Every Civil Litigator Needs to Know About Criminal Law,” Speakers: Hon. Jim Jordan, Robert Udashen, Stuart Reynolds, U.S. Magistrate Judge Paul Stickney with E. Leon Carter, moderator March 3, Noon, at Belo MCLE 1.00 Sponsored by the Judiciary Committee, CLE Committee and Criminal Law Section

Marc h 2 0 1 1

Dal l as Bar A ssoci ati on l Headnotes 11

Classifieds

March

OFFICE SPACE

Time is Money! 3 miles from County Courthouse – 2 miles to downtown! Quality office space – off-price value. $18/sf. Includes electricity and free garage parking. 9 miles to Love Field Airport. Minutes to DART rail, Baylor University Medical Center, Dallas Arts District, SMU, Oak Lawn, West Village. Centrally located on major thoroughfares. Uptown Tower. 4144 N. Central Expressway. (972) 490.7348.

ing, on-site restaurant and other amenities.

Why not have quality of life while you practice? Please call (214) 750-1600 for details.

High-rise views at low-rise rates. Panoramic views from 63rd floor. Class-A downtown space close to courthouse, AVrated law firm. Access to large conference room, library, kitchen. Secretarial, clerical, reception available. Offices available with very nice secretarial stations. Negotiable.

Call Kay (214) 761-6463.

Elegant private four office suite w/ secretary/reception area , additional large file room with built-ins, tall ceilings, extensive millwork, operable windows, security system, in Uptown on Fairmount 1 ½ block to Crescent and Quadrangle. Full-service lease @ $2750.00/month. Call (214) 855-0127.

Office space available within small real estate law firm located at 4054 McKinney Avenue. Shared conference and break room, furniture, copier, DSL & phone equipment are available if needed. No long term commitment and a total monthly rate of $550.00.

For inquiry, please call (214) 520-0600.

Downtown AV-rated law firm has one new window office with a secretarial space on the 25th floor with a great view. Call Mark or Vicki at (214) 752-0400.

Single office with secretarial space available within small real estate law firm located at 4054 McKinney Avenue. Shared conference and break room, furniture, copier, fax, DSL & phone equipment are available if needed.

No long term commitment and a monthly rate of $750.00. Call (214) 520-0600

Walnut Glen Tower (Walnut Hill/Central) Beautiful, new, spacious offices in Class A building with views of downtown over lake with fountains. Lobby with glass elevators, 18-story atrium, waterfall, trees and true outdoors feeling indoors. Practice in a relaxed yet professional 4-lawyer environment which includes administrative stations, conference room, kitchen, copier, phone system, DSL, reserved garage park-

Cedar Springs at Douglas Office Space – Newly renovated commercial duplex with approx. 1100 sf including some parking, lovely hardwoods, copy room, half bath, kitchen, two separate entrances.

Great exposure on Cedar Springs. Available immediately. $1600.00 monthly. Call

‘BAR NONE’ AUDITIONS Tuesday, April 5 ~ 5:30 to 7 p.m. ~ Belo Mansion

Auditions for Bar None XXVI will take place April 5th in the Haynes & Boone ballroom at Belo!

All who audition will be cast. The Bar None show, to be held at the Greer Garson Theater June 15th - 18th, benefits the Sarah T. Hughes Diversity Scholarships. Those interested in being considered for a solo song or small chorus should bring sheet music; a pianist will be supplied. Those interested in being considered for featured dancing should be prepared to discuss their dance background with the show’s choreographer. Those interested in being considered for an acting role should be prepared to do a “cold” reading from a provided script.

Questions? Call Bar None’s Director, Martha Hardwick Hofmeister, at (214) 780-1400 or mhofmeister@shacklaw.net.

DVAP’s Finest Ellen Bennett

Ellen Bennett is an attorney with Miller & Bennett. She practices in probate, estate planning, adult guardianships and family law, and is pleased to volunteer regularly with DVAP. A strong advocate for pro bono, Ellen spoke at the June 2010 DVAP Summer Clerks’ Luncheon and encouraged law students to become involved with DVAP: “Providing pro bono legal services offers an opportunity to help our clients through what is likely the worst time in their lives. We have the ability to make clients’ lives a little better, and that is something they will remember forever.” In addition to handling family law and probate matters for DVAP, Ellen has volunteered at the Equal Access to Justice Campaign phone bank and has presented at DVAP Wills and Guardianship CLEs. After Ellen took her first pro bono cases, she began attending DVAP staffing meetings as a probate mentor with her partner, Barkley Miller, and enjoys being a part of the DVAP team. Thanks for all you do, Ellen!

Pro Bono: It’s Like Billable Hours for Your Soul.

To volunteer or make a donation, call 214/748-1234, x2243.

(214) 522-4226 for appointment.

Sublease. Huge, beautiful offices in law office in Richardson at Central/Campbell.

Two large window offices - $1000/mo./each; one large interior office - $800/mo.; and one legal assistant area -$600/mo. available. Office environment is quiet and friendly with new furnishings and updated technology. Receptionist, telephone system, internet, three conference rooms, two kitchens, free parking with 24 hour access to building. Please email Jennifer Som at Jennifer@baalegal.com or call (214) 570-0700.

3 Months Free Rent! Preston Tower.

Large window office. Secretarial area available. Shared amenities (kitchen, conference room, reception area, bathroom).

Near Preston Center, 10 minutes from courthouse. Call (214) 369-1171 or email herbhooks @aol.com

POSITION AVAILABLE

Godwin Ronquillo PC is seeking an associate with 4 to 6 years’ experience in commercial/civil litigation. Federal court experience preferred. Must have excellent research and writing skills. Principals only. Contact employment@godwinronquillo.com.

Godwin Ronquillo PC is seeking an associate with 2 to 3 years’ experience in commercial litigation. Some family law background required. Candidate must have excellent credentials. Deposition, hearing and trial experience needed. Principals only. Contact employment@godwinronquillo.com.

Medium size AV rated downtown Dallas law firm seeks partner level business lawyer with varied corporate law experience.

Candidate must have some portable business. Respond to Dallas Bar Association, Box 11–10B, 2101 Ross Avenue, Dallas, TX 75201.

Well-established Texas law firm with offices throughout the state seeks commercial litigators and transactional attorneys, or practice groups, with 10+ years of experience. These positions are located principally in our Dallas and Houston offices.

Mail resume, in confidence, to D Loyd Legal Recruiting, P.O. Box 251, Addison, Texas 75001, or e-mail your response to dloyd@dloydlegalrecruiting.com.

Oil and Gas Attorneys: Cotton, Bledsoe, Tighe & Dawson, PC, in Midland, Texas, has an immediate need for several oil and gas title and transaction attorneys.

Candidates should have at least 2 years’ experience in oil and gas title or transaction work. Both associate and shareholder level attorneys considered. No portable work necessary. Please forward resumes to Michael Hall at Cotton, Bledsoe at mhall@cbtd.com or P.O. Box 2776, Midland, Texas 79702-2776.

Rockwall-based litigation firm needs an associate attorney, preferably with 1 to 3 years of litigation experience. Salary requirements and resume should be submitted through the following e-mail address: dhenley@mayomendoliastarr.com.

SERVICES

Mexican Law Expert—Attorney, former law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues: FNC motions, Mexican claims/ defenses, personal injury, moral damages, contract law, corporations. Coauthor, leading treatise in field. J.D., Harvard Law. David Lopez, (210) 2229494. dlopez@pulmanlaw.com.

Place Your Ad Here! For affordable classified advertising rates call Judi Smalling at: (214) 220-7452.

Speak to Dallas ISD Students!

Speak to Dallas ISD students during May 2011 in celebration of Law Week. DISD schools are hosting various Career Days and speakers are requested.

Speakers are encouraged to address the audience about Law Day, the rule of law or similar.

The time commitments and class sizes vary.

Sign-up by Friday, April 29 to Amy Smith at asmith@dallasbar.org.

YOU DON’T WANT TO MISS THESE EVENTS!

Ensure your family coverage is tailor-made...

The State Bar of Texas Insurance Trust specializes in helping all Bar Members and their Eligible Employees obtain complete insurance coverage at any point in their lives. From Health Insurance to Long Term Disability Insurance, the Trust has you covered.

Mark your calendars for:

Golf Tournament (Cowboys Golf Club) – May 5 Mother’s Day Brunch – May 8 Law Day Luncheon (Hon. Sidney Fitzwater, Speaker) – May 13

State Bar of Texas Insurance Trust

800.460.7248 www.sbotit.com

12 H e a d n o t e s l D a l l a s B a r A s s o ciationâ€

March 2011

DBA Committee & Section Chairs: Honoring the Profession On January 25, the chairs of the DBA Sections and Committees met at the Belo Mansion to attend the Chair Orientation. The meeting gave the chairs, DBA Board of Directors and DBA staff the chance to become acquainted with one another. In addition, each section or committee chair or vice-chair updated the group on some of their plans for the coming year.

Numerous Dallas lawyers and judges spend countless hours organizing CLE programs and community service projects—and the DBA appreciates the work they do.

The 39 Committees and 29 Sections of the DBA sponsor more than 400 CLE programs annually (most of which are free with a DBA membership). In addition, they mentor numerous school children and young lawyers and promote goodwill throughout the Dallas community.

Though the roles of chair and vice-chair are timeconsuming, members of the DBA Committees and Sections prove that hard work not only benefits the community, but the legal profession, as well.

We appreciate your hard work. Thank you for all that you do!

Judge Martin Hoffman, DBA Director; Erin Peirce, Summer Law Intern Program Committee Co-Chair; and Mary Scott, DBA Director

Gary Udashen, Criminal Law Section Chair; Robert Udashen, CLE Committee Co-Chair; Aaron Tobin, Public Forum Committee Chair and Scott Stolley, DBA Director, At-Large

Mark Gritz, Securities Section Chair; Tim Ackermann, Publications Committee Co-Chair; Patti Hedgpeth, Employee Benefits & Executive Compensation Vice Chair

Immediate Past President Ike Vanden Eykel; DBA Director, At-Large Kim Askew; and DBA President Barry Sorrels