Dallas Bar Association
HEADNOTES
Focus Labor & Employment Law
November 2009 Volume 33 Number 11
Pro Bono Lawyer of the Year By Cherika Latham
“
Being able to help people” was central to Amanda B. “Mandy” Childs’ decision to enter the legal field. She’s building that legacy as the 2009 recipient of the Pro Bono Lawyer of the Year Award. When describing her recent pro bono work with the Dallas Volunteer Attorney Program (DVAP), the 7th year Jones Day associate beamed as she told about clients paying what would have been over 700 billable hours in hugs and homemade cookies. Chosen for her evidenced dedication to pro bono work, Mandy was the first to blaze the trail for Jones Day in DVAP’s Lend-A-Lawyer Program. She credits the firm with fostering a commitment to give back and providing an opportunity to do so full time for 3 months at the DVAP office location while the firm continued to pay her salary and benefits. Sally Crawford, who Mandy affectionately refers to as the Pro Bono Queen, is a Jones Day Partner who coordinates pro bono service for the Dallas office and was herself a recipient of the 2005 award. Summarizing Mandy’s energy and excitement as a “shot in the arm for the pro bono program” at Jones Day, Ms. Crawford is quick to return the praises. She noted that Mandy is “very passionate about doing pro bono work,” which is leading to greater interest at the firm. Although Jones Day does not have a mandatory pro bono requirement for its associates, Mandy has a personal goal of continuing to help those who need access to her legal services. She says part of that commitment is due to the Jones Day culture. As one of the founding members of the Jones Day Dallas Associate Pro Bono Committee, Mandy continues to set the pace for innovative ways to match pro bono work with associates. The committee matches associates with pro bono matters in a meaningful and consistent way. Mandy credits the Lend-A-Lawyer program with offering a rigorous and rewarding opportunity. Her personal experience included making two to three court appearances per week, adeptly handling a range of legal matters spanning varied areas of law. When asked about her fondest DVAP experience, she recalled a writ of habeas victory that returned a son to his mother. The attorneys at Jones Day built on Mandy’s win in a big way, striking an on-going partnership with DVAP to handle all emergency cases when the rights and lives of children are involved – matters that might not otherwise be addressed due to time and resource constraints. Thanks to Ms. Childs, Jones Day and DVAP, even more legal resources will be available to those in need. For more information, visit www.dallasbar.org, or contact Alicia Her HN nandez at ahernandez@dallasbar.org. Cherika N. Latham serves as in-house counsel at GuideStone Financial Resources of the SBC. She can be contacted at Cherika.Latham@guidestone.org.
Jones Day: Pro Bono Law Firm of the Year By Claire E. Swann
T
he Dallas Volunteer Attorney Program presented the Dallas office of Jones Day with the Pro Bono Law Firm of the Year Award at the annual awards reception October 1. Each year, DVAP, a joint project of the Dallas Bar Association and Legal Aid of Northwest Texas, honors the lawyers, judges, court reporters, paralegals and other support staff who donate pro bono services. This year, the award for Pro Bono Law Firm of the Year was given to the Dallas office of Jones Day, which donated several thousand hours of pro bono services in the last year to DVAP clients. Furthermore, over 90 of the firm’s Dallas lawyers participated in the program by staffing clinics or taking cases. In addition to Jones Day’s pro bono work with DVAP, it is also involved in other pro bono activities throughout Dallas, including Catholic Charities, Dallas Legal Sally Crawford, a partner at Jones Day, accepts the firm’s Hospice, the Housing Crisis award for Firm of the Year. Center, National Center for Missing and Exploited Children, Texas Accountants and Lawyers for the Arts, the National Veterans Legal Services Program – Lawyers Serving Warriors and the District Attorneys Offices for Grand Prairie and Dallas. Within the last year, the Dallas office of Jones Day has significantly increased its commitment to pro bono services. During this time, a group of associates at Jones Day formed the Jones Day Dallas Associate Pro Bono Committee to help associates get more involved in pro bono activity. This committee has partnered with several pro bono service providers in Dallas to help staff emergency pro bono cases for which there would otherwise be no representation. The Dallas office also joined DVAP’s Lend-a-Lawyer program, lending two associates to DVAP for three months apiece while continuing to pay their salaries and benefits. Sean Whyte was one of the associates that Jones Day selected for the DVAP Lend-aLawyer program. Mr. Whyte stated that it was important to work for a firm with a strong commitment to pro bono work. When asked what he gained from his work with the Lend-a-Lawyer program, he stated, “I had the opportunity to try cases, argue hearings and handle cases from beginning to end. It was a great opportunity to grow as a lawyer, but it also immersed me in all aspects of providing legal services to people who cannot otherwise afford it and showed me how many people need that type of help. The experi HN ence inspired me to commit even more of my time to pro bono activities.” Claire Swann is an associate attorney in the municipal law section of Abernathy, Roeder, Boyd, Joplin P.C. She can be contacted at cswann@abernathy-law.com.
Using the Internet to Research Applicants By Ron Chapman, Jr.
M
any employers believe the traditional methods of considering an applicant are insufficient. Routine background checks do not reveal the type of information an employer really wants to know. Checking references can be burdensome and often unproductive since most companies provide very limited information. Even face-to-face interviews of the candidates themselves are frequently ineffective at determining whether the interviewees are a good “fit”
for the particular job and workplace. Faced with these limitations, employers are “mining” the Internet for whatever information they can find. There are over 70 million blogs on the Web, and more than 100 million people maintain personal Web pages on social networking sites. Studies show at least 25 percent of employers check these sites and blogs when compiling information on applicants. There are two categories of risks associated with using Internet searches to obtain information on applicants: (1) risks from
searching for and obtaining information; and (2) risks based on how the employer uses the information learned. Currently, no federal or Texas statute specifically prohibits employers from obtaining or utilizing information gleaned from Internet searches on applicants. Nevertheless, information learned in such searches may implicate several federal statutes, including: n Fair Credit Reporting Act – An employer that conducts its own background or reference checks is not subject to the FCRA, and the FCRA does not specifically
Inside 6 Bench Bar Conference 8 Federal Law Reemployment Rights for Qualifying Veterans 13 When DOL Knocks on Company Doors
prohibit an employer’s Internet search for information on an applicant. However, if the employer uses a third party to conduct a background check that includes an Internet search, the employer would be subject to the FCRA. In that case, the FCRA requires the employer to provide the applicant written notifications and to obtain the applicant’s written authorization. Furthermore, if the employer relies on the information obtained in denying a job to continued on page 12
2 He a d n o t e s l D a l l a s B a r A s s o c iation
Calendar
November Events FRIDAY CLINICS
NOVEMBER 6 – Belo Mansion Noon
“Ethics, Law and the Holocaust,” Dr. William Meinecke. (Ethics 1.00)*
NOVEMBER 13 – North Dallas**
Noon
“Immigration Law: The Ins and Outs of I-9 Compliance and a No Match Letter Update,” Emanuela Prister. At Two Lincoln Centre located at 5420 Lyndon B. Johnson Frwy., Suite 240 Dalla,s 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 and Davison, P.C. (MCLE 1.00)*
NOVEMBER 20 – Belo Mansion Noon
Topic Not Yet Available
MONDAY, NOVEMBER 2 Noon
Tax Section “Oil & Gas Taxation,” Emily Parker and David Wheat. (MCLE 1.00)* Peer Assistance Committee
TUESDAY, NOVEMBER 3
Noon
Corporate Counsel Section “Financial Regulatory Reform Update,” Gustav F. Bahn (MCLE 1.00)*
Tort and Insurance Section “Supreme Court Update,” Justice Scott Brister. (MCLE 1.00)*
Morris Harrell Professionalism Committee
WEDNESDAY, NOVEMBER 4 Noon
Employee Benefits/Executive Compensation Section Topic Not Yet Available
Solo & Small Firm Section “Protecting Product Configuration Using Design Patents,” Vincent Allen. (MCLE 1.00)*
Luncheon to honor Justice Linda Thomas, presented by the Appellate and Family Sections and the Judiciary Committee. RSVP to ahernandez@dallasbar.org.
Public Forum Committee
Environmental Awareness Committee
5 p.m.
Bankruptcy & Commercial Law Section “Federal Rules Update: Time Computation and Other Changes Effective December 1, 2009,” Leslie R. Masterson. (MCLE 1.00)*
THURSDAY, NOVEMBER 5 Noon
Construction Law Section “American Arbitration Association: Rules and ADR Systems Update,” Rod Toben. (MCLE 1.00)*
DAYL Lunch & Learn “What Every Young Lawyer Should Know about Probate Law”
Family Law Section Board
St. Thomas More Society
DAYL CLE Committee
FRIDAY, NOVEMBER 6
Noon 3:30 p.m.
Friday Clinic – Belo “Ethics, Law and the Holocaust,” Dr. William Meinecke. (Ethics 1.00)* DBA Annual Meeting
MONDAY, NOVEMBER 9
Alternative Dispute Resolution Section “The Stages of Mediation: Conflict, Communication and Compromise,” Anne Ashby, Michael J. Collins, G. Michael Gruber, and Stephen F. Malouf. (MCLE 1.00)*
Noon
Real Property Law Section “The Mysteries of The New HUD-1 Uncovered,” James L. (Jim) Gosdin. (MCLE 1.00)*
DAYL/DVAP “How To Do a Texas Divorce & Child Custody Case Pro Bono,” Kristy Piazza (MCLE 1.00)
TUESDAY, NOVEMBER 10 Noon
Novem ber 2009
Business Litigation Section Topic Not Yet Available
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
Community Involvement Committee Entertainment Committee Law in the Schools and Community Committee Public Forum Committee
DAYL Elder Law Committee
6 p.m.
Dallas Hispanic Bar Association
WEDNESDAY, NOVEMBER 18
Pro Bono Activities Committee
FRIDAY, NOVEMBER 27
Home Project Committee
Municipal Justice Bar Association Non-Profit Law Study Group DAYL Civility Seminar
5:15 p.m.
LegalLine
CLE Committee Minority Participation Committee
MABDI Minority Attorney Trailblazers Luncheon (MCLE 1.50)
5:15 p.m.
LegalLine
Christian Lawyers Fellowship
THURSDAY, NOVEMBER 12
THURSDAY, NOVEMBER 19
Noon
Appellate Law Section “Being Excellent—More Ethics Than You Require,” Kendall Gray (MCLE 1.00, include Ethics 1.00)*
Sports and Entertainment Law Section “Ethics Malpractice: Myths and Reality,” Randy Johnson. (MCLE 1.00, including Ethics 1.00)*
Judiciary/Harrell Committee. “A Conversation with Tarrant County Judges,” Hon. Melody Wilkinson, Hon. Tom Lowe, Hon. Randy Catterton and Hon. Jennifer Rymell. Presented by the DBA’s Judiciary and Morris Harrell Professionalism Committees. RSVP to ktarangioli@dallasbar. org. (MCLE 1.00, including .25 Ethics)*
Dallas Asian American Bar Association
FRIDAY, NOVEMBER 20
Antitrust & Trade Regulation Section “Antitrust Update,” Mark Tobey. (MCLE 1.00)*
International Law Section Topic Not Yet Available
WEDNESDAY, DECEMBER 2
Bankruptcy and Commercial Law Section Topic Not Yet Available
DBA New Member Reception
Noon
DAYL Board of Directors
5 p.m.
5:30 p.m.
TUESDAY, NOVEMBER 17
Publications Committee
DAYL—Environmental Awareness Committee
Community Service Fund Board
Dallas Hispanic Bar Association
Morris Harrell Professionalism Committee
Tort & Insurance Practice Section “If You’re Going to the Courthouse, Please File This for Me: Ten Documents Which Must be Filed in the Trial Court to Preserve Error for Appeal,” Chad Ruback. (MCLE 1.00)*
Public Forum Committee
DBA Board of Directors
Labor & Employment Law Section “ADAA Amendments,” Michelle Morgan. (MCLE 1.00)*
6 p.m.
Corporate Counsel Section Topic Not Yet Available
3:30 p.m.
Noon
Noon
Christian Legal Society UPL Subcommittee
MONDAY, NOVEMBER 16
No DBA Meetings Scheduled
Trial Skills Section “Winning Strategies for Jury Selection,” Jaine Fraser. (MCLE 1.00)*
MONDAY, NOVEMBER 30
Dallas Gay and Lesbian Bar Association
Admissions and Membership Committee Publications Committee Speakers Committee
Friday Clinic – North Dallas* “Immigration Law: The Ins and Outs of I-9 Compliance and a No Match Letter Update,” Emanuela Prister. At Two Lincoln Centre located at 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 and Davison, P.C. (MCLE 1.00)*
DBA Closed
Solo & Small Firm Section “Insurability of Punitive Damages,” Leane Medford. (MCLE 1.00)*
Noon
DBA Closed for Thanksgiving
Collaborative Law Section “Making Collaborative Law Accessible,” Gay Cox and Don Winspear. (MCLE 1.00)*
FRIDAY, NOVEMBER 13
THURSDAY, NOVEMBER 26
Employee Benefits/Executive Compensation Section Topic Not Yet Available
Noon
J.L. Turner Legal Association
WEDNESDAY, NOVEMBER 25
Noon
DAYL Barristers for Babies
6 p.m.
Courthouse Committee
TUESDAY, DECEMBER 1
11:30
Christian Legal Society
American Immigration Lawyers Association
No DBA Meetings Scheduled
DAYL Board
Family Law Section “Contempt,” Judge J.B. Mumford. (MCLE 1.00)*
Probate, Trusts & Estates Section “Probate and Non-Probate Dispositions of Community Property,” Prof. Tom Featherston. (MCLE 1.00)*
DVAP/LANWT Modification & Enforcement of Possession Orders, Hon. Marilea Lewis, Rhonda Hunter, Jeff Coen. (MCLE 2.50, including Ethics)*
6 p.m.
Noon
Noon
Law Day Committee
House Committee—Walk Through
TUESDAY, NOVEMBER 24
Health Law Section Topic Not Yet Available
11:30
Criminal Justice Committee
DAYL Equal Access to Justice
Dallas Area Real Estate Lawyers Discussion Group
Energy Law Section Topic Not Yet Available
Mergers & Acquisitions Section “Deal Jumping: The New Reality of Deal Aggression,” Christopher Dillon, Ted Smith (MCLE 1.00)*
7:45 a.m.
Delaware Shareholder Litigation, Nick Even. (MCLE 1.00)*
Noon
WEDNESDAY, NOVEMBER 11
Minority Participation Committee
8:45 a.m.
Juvenile Justice Committee CPS Training
THURSDAY, DECEMBER 3 Noon
Family Law Section Board
Noon
Friday Clinic – Belo Topic Not Yet Available
St. Thomas More Society
Dallas Bar Foundation Board Meeting
MONDAY, NOVEMBER 23
Noon Securities Section “Poison Pills, Plus Pre-suit Prerequisites: Recent Fiduciary Issues in Texas and
FRIDAY, DECEMBER 4 Noon
Friday Clinic – Belo Topic Not Yet Available
Intellectual Property Law Section Topic Not Yet Available
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs. 2010 INAUGURAL OF IKE VANDEN EYKEL The Dallas Bar Association will inaugurate its 101st President, Ike Vanden Eykel, at the inaugural ball on Saturday, January 23, at the Belo Mansion. The ball will include dinner, dancing and a silent auction benefiting the Dallas Volunteer Attorney Program. Tickets are available now by mailing a check to Shawna Bush, 2101 Ross Ave., Dallas, TX 75201. Or, as of November 15, reserve your ticket on-line by visiting www.dallasbar.org. Seating is limited. Tickets: $140; Tables: $1,400
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 KTarangioli@dallasbar.org.
N o v e mb e r 2 0 0 9
D al l as Bar A ssoci ati on l Headnotes 3
Special Mentoring Highlight
Dallas Attorneys Participating in Mentoring Programs By Joseph Acosta
D
allas Bar Association members have been providing their time and talents to the community by participating in law-related education programs. Through two programs, “Law in the Schools” and the “Texas High School Mock Trial Competition,” which the DBA has sustained for decades, Dallas-area attorneys have seized on the opportunities to teach students about our legal system. DBA Law-Related Education Coordinator Amy Smith currently coordinates both of these programs for the Dallas Bar. As the Honorable Lana Myers (203rd Judicial District), Mock Trial Co-Chair, mentions, it takes so many people working together to make these programs successful. And, to date, with the help of many Dallas attorney volunteers, these programs have flourished.
Law in the Schools
Every fall, attorney volunteers spend up to 3 hours each speaking about the law to middle and high school classrooms in the Dallas Independent School District. Through advance coordination with social study teachers, the volunteers teach about cases pertaining to the students’ current curriculum. Al Ellis, a long-time volunteer for the program, mentions that this program offers an easy way for individuals to mentor
students in classroom setting. The DBA provides attorneys with the curriculum that will be needed for teaching. This year, volunteers are being asked to teach on the landmark 1969 case, Tinker v. Des Moines Community Independent School District, where the Supreme Court acknowledged certain first amendment rights of students. Last year, the attorneys that participated in this program, taught in 195 classes at 23 Dallas public schools. Approximately 3,900 Dallas-area children benefitted from the experience. Indeed, the program has been so successful that the State Bar adopted it as a statewide initiative in the early 1980s. The Law in Schools fall program will be held this year during the week of November 16-20. Groups and/or teams from firms are also encouraged to volunteer.
High School Mock Trial Competition
DBA members mentor by serving as “judges” during the various levels of the High School Mock Trial Competition conducted yearly. By participating in the mock trial program, high school students gain an “insider’s view” of our judicial system, as well as confidence in public speaking. Another goal of this program is to teach students how to conduct themselves in a professional manner. Indeed, there is a professionalism award (named after Judy Yarbro, a long-time supporter)
DBA members mentor — and earn CLE credit — by serving as ‘judges’ during the various levels of the High School Mock Trial Competition.
handed out to the most deserving team members at the end of the competition. High schools in the DFW area commence their competition in January and February. The first-place winners participate in a statewide competition in March, and the statewide winners compete at a national competition in May. As in prior years, in 2010, the Frank Crowley Courthouse in downtown Dallas will host the competitions. Needless to say, many Dallas attorneys will be needed to judge at these competitions during the months of January, February and March 2010. To volunteer, log on to www.dallasbar.org/thsmtc. As a “judge,” a volunteer observes (from a jury box) two teams litigate a criminal or civil matter and, at the end of each round, critiques each team on its presentation. Volunteers receive a summary of the case in advance, as well as instructions on critiquing the teams.
The time commitment for each round of the competition is approximately 3 hours—which can qualify as self-study or CLE credit—and includes a brief training session prior to judging. Approximately 150 teams from across the state, or nearly 1,500 students, participate yearly. The competition, thus far, has given thousands of high school students the opportunity to enhance their legal knowledge. As the competition marked its 30th anniversary this year, the DBA continues to be a proud sponsor. If you are interested in any of these programs, please contact Law-Related Education Coordinator Amy Smith at ASmith@dallasbar.org or (214) 220 HN 7484. Joseph Acosta is a partner in the Bankruptcy Section of Looper Reed & McGraw, P.C. He can be reached at jacosta@lrmlaw.com.
THE CATHOLIC FOUNDATION Presents
T HE A DVISORS S ERIES
For Estate and Wealth Management Professionals Presenting Sponsors: Gardere Wynne Sewell LLP Carter Financial Management
December 8, 2009 7:30 a.m. Breakfast 8:00 a.m. - 10:15 a.m. Program The Belo Mansion, 2101 Ross Avenue, Dallas $75 per person 2 Hours of Continuing Education Credit [[[
Jeffrey N. Pennell Richard H. Clark Professor of Law, Emory University, Atlanta, Georgia Hot Topics and Current Developments: Tax Legislation and Current Cases with Planning Significance For more information and to register, visit www.catholicfoundation.com
4 He a d n o t e s l D a l l a s B a r A s s o c iation
Novem ber 2009
Headnotes
President's Column
Coming To The “Legal Aid” of Another by Christina Melton Crain
Legal aid often means the difference between life and death, living in a home or on the streets, being self-sufficient, or needing to rely on governmental agencies. — Justice Harriet O’Neill (Texas Supreme Court Justice)
D
uring the week of October 26-30, the Dallas Bar Association celebrated National Pro Bono Week. Sponsored by the ABA Standing Committee on Pro Bono and Public Service, the celebration was a coordinated national effort to showcase the great difference that pro bono lawyers make to the nation, its system of justice, its communities and, most of all, to the clients they serve through legal aid. The week was also dedicated to the quest for more pro bono volunteers to meet the ever-growing legal needs of this country’s most vulnerable citizens. Our phenomenal Pro Bono Activities Committee, ably cochaired by Barkley Miller and Thomas Stutz, and Dallas Volunteer Attorney Program, better known as DVAP, put together a fabulous line-up of week-long activities that both celebrated pro bono and assisted in recruiting pro bono volunteers. The week’s activities included the following: Taking a Case with the Human Rights Initiative • Organization: Human Rights Initiative Family Law for Non-Family Lawyers • Organization: Central Dallas Ministries Americans with Disabilities Act • Organization: Advocacy, Inc. Belo Clinic • Organization: DVAP Celebration Happy Hour at Belo • Organization: DVAP Wills Clinic • Organization: Senior Source and DVAP CLE Program • Organization: Texas C-Bar Congratulations on a job well done! This celebration also gave us the perfect opportunity to highlight our own award-winning DVAP. In January 1997, the DBA and Legal Services of North Texas (now known as Legal Aid of Northwest Texas - LANWT) joined their pro bono services to create DVAP. DVAP, unlike any other pro bono legal service provider around, has been nationally lauded for its accomplishments and unique structure. DVAP is overseen by Boards of Directors of the DBA, the Community Service Fund and LANWT. Here are a few interesting facts about DVAP: What is the Mission and Vision of DVAP? DVAP is an organization dedicated to increasing and enhancing pro bono legal services to the poor in Dallas through the recruitment, training, and support of volunteer attorneys. The vision of DVAP is to create a pro bono program through which all Dallas attorneys provide legal services to the poor and ensure equal access to justice. What Does DVAP Do? DVAP protects children and children’s rights and prevents domestic violence and abuse. DVAP also preserves, protects, supports and stabilizes the lives of families, as well as protecting the rights of the elderly and low-income consumers. DVAP prevents wrongful eviction, thereby helping to reduce homelessness. DVAP preserves access to affordable housing for the low-income community. And, DVAP offers training to DVAP’s pro bono attorneys. What Types of Cases Does DVAP Handle? DVAP handles a wide variety of non-criminal cases. Domestic relations problems account for over 70 percent of cases handled. Other types of cases handled include consumer protection, probate, wills, education, employment, juvenile, health, individual rights, housing and income maintenance. Who are Typical DVAP Clients? Women and children make up more than 75 percent of the clients DVAP helps. Half of these clients are employed in low-paying jobs. To be eligible for legal assistance, clients must have an income of less than 125 percent of the federal poverty level ($26,500 for a family of four). Legal problems and a desperate need for legal assistance profoundly trouble the poor. Many of whom are victims of domestic violence, illegally evicted families, cheated consumers and the elderly whose income or benefits have been wrongly cut. How Does DVAP Find and Facilitate the Cases it Handles? Neighborhood Legal Clinics at five separate sites in Dallas County—Volunteer attorneys provide legal assistance to lowincome clients in the communities where they live. Pro Se/Assisted Divorce Clinics for individuals with uncontested divorces and custody cases—DVAP trains participants to represent themselves in their divorces; volunteer attorneys provide instruction, and judges and court reporters bring the court-
house to the clients at monthly prove-up clinics at the DVAP offices located at LANWT—1515 Main Street, Dallas, Texas 75201. Clinics are provided in both English and Spanish. Special Outreach Clinics are held several times during the year—these clinics include Wills Clinics, the Belo Legal Clinic and the Interfaith Legal Clinic. DVAP will also participate in the Vickery Meadows Legal Clinic sponsored by the DBA’s Pro Bono Activities Committee. E-mail Referral Program—allows DVAP to efficiently distribute more information about clients who need an attorney to a large number of law firms and corporate legal departments whose attorneys may accept cases. Legal Resources—The following legal organizations work in conjunction with DVAP and its volunteers: Advocacy, Inc.; Catholic Charities Immigration Counseling Services; Housing Crisis Center; Human Rights Initiative; Legal Hospice of Texas; Legal Aid of Northwest Texas; and Mosaic Family Services. How Much Does the DVAP Program Cost and How Is It Run? The 2009 costs of running the DVAP program are nearly $1 million. The DBA-funded program staff consists of a director (Alicia Hernandez), managing attorney (Michelle Alden), two mentor attorneys (Kristen Salas and Katherine Saldana), eight paralegals (Marco Bacanegra, Whitney Breheny, Tina Douglas, Jigna Gosal, Torsha McCarty, Lakeshia McMillan, Andrew Musquiz and Alicia Perkins), a recruiter (Chris Reed-Brown) and professional support staff (Ellie Pope—secretary). The program costs cover the employees’ salaries and benefits, as well as operating and administrative costs, such as professional liability insurance for volunteer attorneys. The program offers efficient and effective services at a cost of $255 per case closed. Why Support Free Legal Services? The cost effectiveness of treating legal problems before they become social problems cannot be overstated. Attorneys, above all others, should be proud that their profession can offer so much social benefit for such a low cost. Many of the people that DVAP assists are one step away from being homeless, hungry or worse. Once they are homeless or hungry, our community’s social service “net” is supposed to provide them with support until they get back on their feet. It could cost the community between $15,000-$40,000 in governmental benefits and social services to rehabilitate a family should they become homeless and/or hungry. How Does DBA Pay for DVAP? It’s real simple—with your support and help!!! The proceeds from many of the DBA projects and programs go directly to DVAP—Bench Bar Conference, Golf Tournament, Law Jam. I thank each of you for your past and continued support with these efforts! In addition, an annual joint fundraising effort called the Equal Access to Justice Campaign is conducted by the DBA and LANWT to raise funds for the DVAP program. This 2010 campaign, led by Chair Scott McElhaney and Vice-Chair Jerry Alexander, kicked-off at the DBA Pro Bono Awards event on October 1 and is in full swing. The Campaign results will be announced at the 2010 DBA Inaugural of Ike Vanden Eykel on Saturday, January 23, 2010, at the Belo Mansion. We need your help this year more than ever! The recent economic downturn has increased the number of people who qualify for—and need—free legal help! The assistance DVAP offers can be vitally important to those it serves. And “we” are the ones that can and should make this happen! It is part of our obligation as the privileged few licensed to practice law and ensure that justice prevails. There are several ways to donate: Send your tax-deductible donation via check made payable to “DBA Community Service Fund, Inc.” or “DBA-CSF” to 2101 Ross Avenue, Dallas, TX 75201; Go on-line to www.dallasbar.org and click on “Campaign for Equal Access” to make a tax-deductible donation via credit card; and/or Purchase a raffle ticket at www.dallasbar.org by clicking “Sewell Choice/DVAP Car Raffle” to win 1) the grand prize— your choice of an Infiniti G37 Sedan, a Lexus IS350 or a Cadillac CTS; 2) a runner-up prize—a $1,000 Neiman Marcus gift card, lunch for 4 at the NM Café’, and a custom gift basket; or 3) a second runner-up prize—a Bachendorf’s Stainless Steel All Swiss Automatic Day-Date Water Resistant Watch ($950 value). The raffle drawing will take place at the 2010 DBA Inaugural of Ike Vanden Eykel on Saturday, January 23, 2010, at the Belo Mansion. Donations are due on or before January 15, 2010, and if you donate by November 15, 2009, you will be included in The Dallas Morning News recognition piece. Contact Sam Price at (817) 710-0034 or (817) 649-4740 ext. 50, with questions. On behalf of the DBA, I thank you for helping make a dramatic difference and impact in our community through your charity and volunteerism to DVAP. This would not be possible without your continued support and assistance, and, therefore, in HN during this season of celebration, we celebrate you!
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: Christina Melton Crain President-Elect: Ike Vanden Eykel First Vice President: Barry Sorrels Second Vice President: Paul K. Stafford Secretary-Treasurer: Bill Mateja Immediate Past President: Frank E. Stevenson II Directors: Jerry C. Alexander, Arthur Anthony (President, J.L. Turner Legal Association), Kim Askew (at-large), Hon. Tena Callahan, Wm. Frank Carroll, Leon Carter, Rob Crain, Sally L. Crawford, Hon. Elizabeth H. Crowder, Laura Benitez Geisler, Hon. Marty Lowy, Scott McElhaney, Patsy Yung Micale (President, Dallas Asian-American Bar Association), Mary Scott, Paul K. Stafford, Dena DeNooyer Stroh (President, Dallas Association of Young Lawyers), Diane Sumoski, Debra K. Thomas, Christie Villarreal (President, Dallas Hispanic Bar Association) and Brad C. Weber. Advisory Directors: Jennifer Duncan Edgeworth (President-Elect, Dallas Association of Young Lawyers), Karen McCloud (President-Elect, J.L. Turner Legal Association), Jose Angel Ortiz (President-Elect, Dallas Hispanic Bar Association) and Hope Shimabuku (President-Elect, Dallas Asian American Bar Association). Delegates, American Bar Association: Kim J. Askew, Hon. Douglas S. Lang Directors, State Bar of Texas: Talmage Boston, Beverly Bell Godbey, Timothy W. Mountz, Robert R. Roby, Mark K. Sales, Travis Vanderpool (Past Chair) HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications / Media Director & Headnotes Editor: Jessica D. Smith Calendar: Kathryn Tarangioli In the News: Judi Smalling Art Director: Laura E. Heymann Advertising: Karla Howes PUBLICATIONS COMMITTEE Co-Chairs: Anne Pohli, Timothy G. Ackermann and Suzanne Raggio Westerheim Vice-Chairs: Vincent J. Allen and Lea N. Clinton Members: H. Joseph Acosta, Natalie Arbaugh, Sorana Ban, Heather Barbieri, Barbara Boudreaux, Scott Beckman, Lance Caughfield, Paul R. Clevenger, Christina Melton Crain, Linda Dedman, Tobey S. Elliott, Jennifer A. Green, Floyd R. Hartley Jr., Thomas M. Hoffman, Mary Louise Hopson, Young Jenkins, David F. Johnson, Victor Johnson, Lisa Kivett, Susan P. Kravik, Thomas L. Mighell, Clay Miller, Hon. Jim Moseley, Susan D. Nassar, Heather Bailey New, Kirk L. Pittard, Irina B. Plumlee, Christopher A. Robison, Bryon L. Romine, Andrew Ryan, Gregory W. Sampson, Barry Sorrels, Paul K. Stafford, Scott B. Stahl, J. Allen Sullivan, Claire Swann, Sherry L. Talton, Debra K. Thomas, Edith Miller Thomas, Mark Toronjo, Ike Vanden Eykel, Paul Watler, Jenna P. Wright and Paul F. Wright. 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 Thorton Executive Director, DBF: Elizabeth Philipp Law-Related Education & Programs LRS Program Assistant: Biridiana Avina LRS Interviewer: Marcela Mejia Coordinator: Amy E. Smith Membership Coordinator: Kimberley Watson Projects & Communications Assistant: Kathryn Tarangioli Publications Assistant: 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. 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 wel-come. 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.
N o v e mb e r 2 00 9
D al l as Bar A ssoci ati on l Headnotes 5
The Dallas Bar Association From 1991-2000 Region’s Torch of Conscience Award. He also received his Certificate of Merit from the State Bar of Texas. In 1986, he was president of the Dallas Association of Yong Lawyers. Kenneth J. Mighell, the Dallas Bar’s president in 1993, served for 20 years as the U.S. Attorney’s office, first as assistant U.S. attorney and then as U.S. attorney. A former active duty solider in the Navy, Mr. Mighell served as a reservist until 1981, where he attained the rank of captain. He has been on the boards of many service organizations, including the American Lung Association, Downtown Dallas YMCA and the YMCA of Metropolitan Dallas. Now a mediator dealing with litigation and mediation, Mr. Mighell is of counsel with Cowles & Thompson. Having gained recognition as a leading expert in the application of computers for the legal profession and the founding chair of the Computer & Technology Section of the State Bar of Texas, Peter S. Vogel began his DBA presidency in 1994. In 2004, Mr. Vogel received the Lifetime Achievement Award for Promoting Technology in Law. Since 1997 he has served as chair of the Texas Supreme Court Judicial Committee on Information Technology, whose goals are to help automate the Texas Court System. Ten years after entering the profession of law, Ralph Cole “Red Dog” Jones was elected president of the Dallas Association of Young Lawyers. During his Dallas Bar Association presidency in 1995, Catharine Maher became the Executive Director of the organization. Also that year, Mr. Jones held a reception honoring DBA members who served in World War II and commemorating the 50th anniversary of the war’s end. He has been a director of
Editor’s Note: As the Dallas Bar Association celebrates the inauguration of its 100th president, Christina Melton Crain, we will reflect each month on the bygone eras the organization has experienced. Darwin Payne’s book, As Old As Dallas Itself: A History of the Lawyers of Dallas, the Dallas Bar Associations, and the City They Helped Build, has been used as a source in these articles. It is available from the Dallas Bar Foundation for $25. Contact Elizabeth at ephilipp@dallasbar.org.
D
uring the 1990s came change and development. The decade brought to Dallas a booming telecom industry, and with it the title of “Silicon Prairie.” With this growth came new business and endeavors for the attorneys of the city of Dallas. A former Outstanding Young Lawyer of Dallas in 1981, and president of the Dallas Association of Young Lawyers, Douglas S. Lang was sworn in as president of the Dallas Bar Association in 1991. During his presidency, the DBA was given the Award of Merit from the State Bar of Texas for its overall program. He was honored by the DBA with its’ Morris Harrell Professionalism Award in 2007. In 2002, Mr. Lang was named to the 5th District Court of Appeals. His sister, Elizabeth Lang-Miers, would follow him in the office of DBA president in 1998, and would later join him on the Court of Appeals. Orrin L. Harrison III, a former president of the Dallas Chapter of the American Board of Trial Advocates and a Fellow of numerous foundations, took the office of DBA President in 1992. A partner at Akin, Gump, Strauss, Hauer & Feld, Mr. Harrison was honored with the American Jewish Congress Southwest
CPS Seminar-The Law, The Facts, The Trial CLE 7.00
Friday, November 20 ~ 8:45 a.m.-5 p.m. at The Belo Mansion
the State Bar of Texas, and he was president of the Dallas Chapter of the American Board of Trial Advocates. Jim Burnham, the DBA’s president in 1996, is a third generation lawyer, who worked with Dallas County District Attorney Henry Wade for 16 years prosecuting more than 400 felony jury trials and supervising the Dallas County grand jury. In addition to being president of the DBA, Mr. Burnham also served as chairman of the DBA board of directors. He was on the Sixth Bar District Grievance Committee from 1980-1987, and was chairman in 1986-87. In 2008, the DBA named him “Trial Lawyer of the Year.” The second woman in DBA history to serve as president, Mary Margaret (Molly) Steele, held the office in 1997. During her presidency, Ms. Steele worked hard to help the Legal Services Corporation affiliate in North Texas raise money in conjunction with the DBA and also to encourage its members to volunteer their time to assist those in need. In addition, she also sought to appoint committee chairs who reflected the widely divergent membership of the DBA. She is a Fellow of the Texas Bar Foundation and is the niece of a former DBA president, John Hauer. DBA president in 1998, Elizabeth A. Lang-Miers, was appointed by Governor Rick Perry to the 5th District Court of Appeals in 2003. During her presidency, the DBA received the Award of Merit for Division IV from the State Bar of Texas. She led the 1997 fund-raising campaign between the DBA and Legal Services of North Texas to raise funds for the Dal-
las Volunteer Attorney Program. In 2002, she received the Sam Williams Leadership Award from the State Bar of Texas. She is co-author of a two-volume work entitled Texas Practice Guide: Employment Practice, published in 2002. A naval officer during the Vietnam conflict, Robert W. Jordan became a founding partner of the Dallas office of Baker & Botts. The former Oklahoma Law Review editor took the DBA office of president in 1999, where his theme for the year was “Client Service.” Later, he served as general chairman of the project to expand Belo Mansion. Two years after being president of the DBA, and shortly after the Sept. 11, 2001, terrorist attacks, President George W. Bush appointed Mr. Jordan to be ambassador to Saudi Arabia. In 2007, Jordan was honored by the Dallas Bar Foundation with its Fellows Award. W. Mike Baggett, the DBA’s president in 2000, earned his undergraduate degree at Texas A&M University where he was a yell leader and a member of the Corps of Cadets. After receiving his J.D. Degree, cum laude, in 1973 from Baylor University, Mr. Baggett was a law clerk for the Hon. Price Daniel Jr. at the Texas Supreme Court. His civic activities have included chairmanship of the Cotton Bowl Athletic Association, chairmanship of the Central Dallas Association and the Central Business District’s Chamber of Commerce. In the same year Baggett was president of the DBA, he was given the 2000 Downtown Renaissance Award. Next month, we’ll look at the DBA and its presidents during the 2000s. HN
Sewell Choice Raffle Prizes ...Winner chooses one of three cars An Infiniti G37 Sedan, Lexus IS350, or Cadillac CTS
Cost: $65. RSVP: Alicia Hernandez at AHernandez@dallasbar.org or (214) 220-7499.
IRS REPRESENTATION
Runner-Up Receives From Neiman Marcus $1,000 Gift Card, Lunch for Four at NM Café And Custom Natura Bisse Gift Basket Second Runner-Up Receives From Bachendorf’s A Bachendorf’s Stainless Steel All Swiss Automatic Day-Date Water-Resistant Watch Raffle tickets are $100 each — or 6 tickets for $500. Proceeds benefit the Dallas Volunteer Attorney Program, which provides legal services to the less fortunate in our community. No more than 1,500 tickets will be sold. Purchase raffle tickets online at https://www.dallasbar.org/dvap/raffle.asp or at the DBA offices at the Belo Mansion (2101 Ross Avenue, Dallas, TX 75201).
est
1990
current
IRS TAX PREPARATION
n
delinquent n corporate n personal payroll taxes n irs audits
(972) 385-8182
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(877) 590-2500
Drawing will be held at the DBA Inaugural Ball on January 23, 2010. The winner need not be present to win. The winner is responsible for all taxes, title and licensing. Prize is non-transferable. No cash option is available.
6 He a d n o t e s l D a l l a s B a r A s s o c iationâ€
Novem ber 2009
DBA Bench Bar Conference At Horseshoe Bay
N o v e mb e r 2 00 9 â€
D al l as Bar A ssoci ati on l Headnotes 7
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-,0& 3 IS A REGISTERED BROKER DEALER MEMBER 3ECURITIES )NVESTOR 0ROTECTION #ORPORATION 3)0# AND A WHOLLY OWNED SUBSIDIARY OF "ANK OF !MERICA #ORPORATION Š 2009 Bank of America Corporation. All rights reserved.
8 He a d n o t e s l D a l l a s B a r A s s o c iation
Focus
Novem ber 2009
Labor & Employment Law
Federal Law Reemployment Rights for Qualifying Veterans By Sandra K. Dielman and Jodie M. Michalski
A
pproximately 35,000 Texans are currently serving in Iraq and Afghanistan – the highest number of any state. When their tours are over, these service members will return home and reenter the civilian workforce. For those wishing to return to their pre-service jobs, their transition may be facilitated by the Uniformed Services Employment and Reemployment Rights Act of 1994, a federal law requiring employers to promptly reemploy qualifying veterans. Yet what if the employer has implemented a reduction in force during the service member’s military leave, or its circumstances have so changed as a result of the recession that reemploying the service member would be difficult or impossible? This article highlights how USERRA may affect the answers to these questions.
What is USERRA? USERRA is the most recent federal law to provide reemployment rights to qualifying service members who take a leave of absence from their civilian jobs to serve in the armed forces. The statute applies to most private and public sector employers, regardless of workforce size. Like its precursors, USERRA aims to ensure that qualifying service members: (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs; and (3) do not suffer employment discrimination because of their military service. Significantly, USERRA is a floor, not a ceiling, on service members’ reemployment rights; it
does not supersede more generous state laws, collective bargaining agreements or employer practices.
active duty. Moreover, a service member can be terminated only for “just cause” for a period ranging from six months to one year after reemployment, depending on the length of military service.
What are the reemployment rights of returning What if the employer veterans who qualify? implements a layoff USERRA requires prompt reemployment of a qualifying returning service during an employee’s member, with certain exceptions, if the military leave of absence? service member: (1) gave the employer advanced notice of military service; (2) did not serve for more than five years; (3) was not given a punitive or dishonorable discharge; and (4) returned to work or applied for reemployment in a timely manner following discharge. The precise reemployment position depends on the time served in the armed forces. If that service was less than 91 days, the veteran generally should be reemployed in his “escalator position” – the position he would have held had he not been called to active duty. However, if that service was more than 90 days, the veteran generally should be reemployed in either his escalator position or “a position of like seniority, status and pay, the duties of which [he] is qualified to perform.” Special rules apply for those with service-related disabilities. USERRA also requires benefit restoration and provides a measure of job protection following reemployment. For example, restoring a service member to an escalator position includes providing any benefits (vacation, pension, sick-day accrual, pay, etc.) that would have been reasonably attained under contract, policy, or practice had the service member not been called to
Speak to a Dallas ISD Social Studies Class
The DBA Law in the Schools Committee is scheduling lawyers and judges to speak in Dallas ISD classrooms from Nov. 16 to 20. Volunteers can teach up to 3 classes a day. Curriculum is available. Deadline to sign up is Friday, Nov. 6 For more information, contact Amy Smith at asmith@dallasbar.org.
The escalator principle also applies when a service member is chosen for layoffs during military leave. Courts then consider what would have happened, had the service member not been called to active duty, under the “escalatory principle.” This inquiry is relatively straight-forward if layoffs are senioritybased. There are objective criteria for inclusion in the layoff that are unrelated to military service. Thus, the employer’s primary obligation is to ensure the service member is treated exactly as if he not been called to active duty. For example, if the service member would not have been recalled during his tour, then the service member must be reinstated in the laid-off, furloughed or terminated status of similarly-situated co-workers. Similarly, the returning service member must be given the same severance package as other laid-off employees. Unfortunately, the issue may be more complicated if layoffs are not tied to seniority. The service member may argue that he was laid-off because of animus based on military service. Therefore, employers should ensure that layoff selections are made under carefully
10 Week Course Spring 2010 Classes begin January 19 All courses are a continuation of Fall ’09 semester. Class cost: $180 For more information, contact Teddi Rivas at trivas@dallasbar.org or (214) 220-7447.
What if the employer cannot afford to reemploy the returning service member due to the economic downturn and/or loss of business? USERRA allows employers to plead “changed circumstances” as an affirmative defense to reemployment of a returning veteran. The Department of Labor regulations explain that the “changed circumstances” defense excuses an employer from having to create “a useless job or mandate reinstatement where there has been a reduction in force that reasonably would have included the veteran.” However, some courts have narrowly construed the “changed circumstances” defense and found that only a showing of impossibility, unreasonableness, or undue hardship will justify a company’s failure to reemploy a returning service member. As veterans return home to a changed economy, employers are well advised to determine what USERRA requires. As in the military, planning and preparation are the best strategies for handling USERRA’s complex mandates and HN exceptions. Sandra Dielman and Jodie Michalski are labor and employment attorneys at Jones Day. They can be contacted at skdielman@ jonesday.com and jmmichalski@jonesday.com, respectively.
•2009 Pro Bono Awards• LAWYER & JUDICIAL AWARDS
Lawyer of the Year Amanda Childs, Jones Day
Hartman Judicial Pro Bono Service Award Hon. Don Adams, Criminal District Court 2 Outstanding New Pro Bono Lawyer Judith Shoup Pro Bono Coordinator of the Year Alan Wright, Haynes and Boone, LLP Outstanding Clinic Attorney Volunteers West Dallas Clinic Melissa Mallery-Wells, Hunton & Williams, LLP
Spanish for Lawyers
established guidelines in order to defeat any claim of improper motivation. Obviously, the more objective the layoff model, the easier it will be to establish a legitimate business reason that is not tied to animus based on military service.
Garland Clinic Kyle Ownes, Hunton & Williams, LLP South Dallas Clinic Dianna Reid, Law Office of Dianna L. Reid East Dallas Clinic Kevin Fuller, Koons, Fuller, Vanden Eykel & Robertson, P.C. Pro Bono Court Reporter of the Year Jaffee Ross Outstanding Court Personnel Eva Richardson Outstanding Support Volunteer Janet McClain
Outstanding Sole Practitioner Jeanne Huey, Jeanne M. Huey, Attorney at Law Pro Bono Appreciation Award Christina Melton Crain, Christina Melton Crain, P.C. Outstanding Outreach Clinic Attorney Cindy Roberts
LAW FIRM AWARDS
Law Firm of the Year Jones Day
2009 Outstanding Clinic Sponsor Winstead P.C. Gold Award for Pro Bono Service Gibson, Dunn & Crutcher, LLP Patton Boggs, LLP Baker Botts, LLP Haynes and Boone, LLP Silver Award for Pro Bono Service DLA Piper Weil, Gotshal & Manges, LLP Akin, Gump, Strauss, Hauer & Feld, LLP Locke, Lord, Bissell & Liddell, LLP Bronze Award for Pro Bono Service Cozen O’Connor Andrews Kurth, LLP Jackson Walker, LLP Thompson & Knight, LLP
SPECIAL SERVICES AWARD Lois Bacon
N o v e mb e r 2 0 0 9
Focus
D al l as Bar A ssoci ati on l Headnotes 9
Labor & Employment Law
Three Years Post-Sheshunoff – Where Are We Now? By Jacqueline Johnson Lichty, M. Scott McDonald and Kevin S. Mullen
I
n Sheshunoff Management Services, L.P. v. Johnson, 209 S.W.3d 644 (Tex. 2006), the Texas Supreme Court clarified that the overly-strict technical requirements for enforcement of noncompetition agreements emphasized in Light v. Centel Cellular, 883 S.W.2d 642 (1994), were not a proper focus. In Sheshunoff, the Court announced that the focus should be shifted to the reasonableness of the restrictions. In this article, we examine how other courts have addressed several questions in the wake of Sheshunoff.
Implied Promises Under the Texas Non-Compete Act, a threshold issue for enforceability is whether the noncompetition covenant is ancillary to an otherwise enforceable agreement. Typically, the otherwise enforceable agreement is a promise to provide confidential information. The Sheshunoff decision allows for the formation of the ancillary agreement to be unilateral in nature so that
the contract becomes binding when the executory (future performance) promise by the employer in the agreement is performed. The employer’s performance of its promise—not timing—is the key. However, the Sheshunoff decision left unanswered an important question—whether a noncompete contract would fail if it contains neither an explicit promise by the employer to provide confidential information to the employee, nor an acknowledgment by the employee of the receipt of such information. In Mann Stein & Lipp Advisors, Inc. v. Fielding, 289 S.W.3d 844 (Tex. 2009), the non-compete agreement did not contain a promise by the employer to give the employee access to customer information. Nor did the employee acknowledge in the agreement that he had received or would receive such confidential information. Both the trial court and the Houston Court of Appeals found that the restrictive covenant was unenforceable. In so doing, the appellate court rejected the employer’s argument that the agreement contained an “implied promise” to disclose con-
Back to the DAYL Future A Nostalgic Look Back As DAYL Plans for Its Next Tomorrow
fidential information. Citing Sheshunoff, however, the Texas Supreme Court found that the employer made an illusory (implied) promise to provide confidential information when it hired the employee that became enforceable when the employer performed its illusory promise by actually providing confidential information. Consequently, the Court held the restrictive covenant at issue was enforceable.
Term Employment Contracts Post-Sheshunoff decisions continue to hold that promises to employ an individual for a specific term allow for the formation of non-illusory promises that can form the consideration for a non-compete. In Ray Mart Inc. v. Stock Building Supply of Texas LP, 302 Fed. Appx. 232 (5th Cir. 2008), the employer’s promise to employ an individual for three years, terminable only for good cause, and the employee’s promises to work for three years and safeguard confidential information, constituted an otherwise enforceable agreement. In Wood v. Reserve First Partners, Ltd., 2007 WL 2199901 (Tex. App.—Beaumont, Aug. 2, 2007, no pet.), the promises were not illusory just because the employment was for a term.
Need for the Non-compete Despite loosening some of Light’s stricter consideration requirements, Sheshunoff has not been interpreted to eliminate the requirement that the
otherwise enforceable ancillary agreement give rise to the need for the noncompete. Courts have previously held in several cases that a promise to provide a pecuniary benefit does not justify the need for a non-compete.
Forum Selection Clauses
The Texas Supreme Court has also confirmed that forum selection clauses in non-compete agreements will be enforced despite the strong Texas public policy implicated by covenants not to compete. In In re AutoNation, Inc., 228 S.W.3d 663 (Tex. 2007), the Court recognized that it had refused to enforce a choice of law provision because enforcement of non-compete agreements was a matter of Texas public policy. However, the court noted, “we have never declared that fundamental Texas policy requires that every employment dispute with a Texas resident be litigated in Texas.” Thus, “we will not presume to tell the forty-nine other states that they cannot hear a non-compete case involving a Texas resident-employee and decide what law applies, particularly where the parties voluntarily agree to litigate enforceability disputes there HN and not here.”
Jacqueline Johnson Lichty, Scott McDonald and Kevin Mullen are shareholders of Littler Mendelson, PC, the nation’s largest firm devoted exclusively to representing management in labor and employment matters. Jackie, Scott and Kevin regularly handle non-compete and trade secret matters on behalf of their clients in the state and federal courts. They may be contacted at jjohnson@littler.com, smcdonald@ littler.com, or kmullen@littler.com.
Tuesday, December 10, 2009 6-8p.m. Lakewood Theater Open to all! Join us on the red carpet. Visit www.dayl.com/pdf/daylhistory.pdf or e-mail Cherie Harris (cherieh@dayl.com) for more information.
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10 H e a d n o t e s l D a l l a s B a r A ss ociationâ€
Novem ber 2009
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N o v e mb e r 2 0 0 9
Dal l as Bar A ssoci ati on l Headnotes 11
DBA LOSES PAST PRESIDENT HON. JERRY L. BUCHMEYER
T
he Dallas Bar Association lost its 70th president on September 21, 2009. The Honorable Jerry Lynn Buchmeyer was born on September 5, 1933 in the east Texas town of Overton and graduated from the University of Texas with a B.A. degree in 1956 and with an L.L. B. in 1957. He was voted the outstanding senior student in law school. Buchmeyer was with the law firm Thompson & Knight LLP for 21 years before President Jimmy Carter appointed him to the federal bench in
CONFERENCE OF THE PROFESSIONS WHAT: The Rev. Cecil Williams, author, activist and pastor emeritus of San Francisco’s heralded Glide Memorial United Methodist Church, and Janice Mirikitani, founding president of the Glide Foundation and former poet laureate of San Francisco, will share narratives of their innovative work with the poor and marginalized in that city’s Tenderloin District at the annual Conference of the Professions, The Downturn and the Professions: Stories of Successful Service. WHEN: Wednesday, November 4, from 8 to 11:30 a.m. WHERE: Elizabeth Perkins Prothro Hall at SMU’s Perkins School of Theology. RSVP: gmacdona@smu.edu Williams and Mirikitani will be joined by a panel of local professionals to discuss how the medical, legal and clerical professions have and can respond effectively to those they serve in time of economic crises.
1979, just prior to the completion of his term as President of the Dallas Bar Association. Buchmeyer served in many capacities with the Dallas Bar Association, including on the committee to acquire the Belo Mansion. During his year as President he was noted for bringing laughter and humor to the Dallas Bar Association with his column, “et cetera” which appeared in Headnotes each month. Buchmeyer was a loyal member of the Tuesday Night Irregulars, a group of lawyers who met irregularly on Tuesdays at the DBA head-
quarters to share stories, read poetry and tell jokes. As President of the DBA, Buchmeyer oversaw a membership of 3,600 and a budget of $358,000. Board members in 1979 included Waller M. Collie, Jr., Bob Gwinn, Jack Hauer, Darrell Jordan, Jerry Lastelick, Harriet E. Miers and Robert H. Thomas. Following his appointment to the federal bench Judge Buchmeyer remained an active member throughout his career and continued to give much to the organization. He will be HN truly missed.
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Monday, December 7, 9 a.m. at The Belo Mansion Up to 6 hours CLE, pending
Modification & Enforcement of Possession Orders
$20 DBA Members; $50 Non-Members; $25 Members On-Site Registration; $55 Non-Members On-Site Registration
Learn from the bench and bar how to handle the Modification and enforcement of visitation orders. Presented by the Dallas Volunteer Attorney Program.
DVAP’s Finest
CLE 2.50
November 18 from noon to 2:30 p.m. at Belo. To register, e-mail Alicia Perkins at perkinsa@lanwt.org. For further information, contact Chris Reed-Brown at (214) 243-2243.
RSVP by Dec. 1, 2009 to Kathryn Tarangioli at KTarangioli@dallasbar.org to receive your materials by mail.
Margaret Allen
Margaret Allen is an associate at Weil, Gotshal & Manges LLP, where her practice focuses on business and commercial litigation. Since joining the firm in 2005, she has devoted over 700 hours to pro bono work, mostly in conjunction with DVAP. She became the fourth attorney in DVAP’s Lend-A-Lawyer initiative – a program created by Weil, Gotshal & Manges LLP– and in the third quarter of 2008 performed three months of full-time pro bono legal service. Through DVAP, Margaret has consulted with hundreds of low income applicants, worked on over two dozen cases, and achieved meaningful outcomes for her clients. She encourages her colleagues to serve their profession and community through DVAP. “My cases with DVAP have been some of the most rewarding—and instructive—of my career,” she says. “I am immensely grateful to the people at DVAP for giving me the tools and the opportunity to help so many families in need in Dallas.” Thank you, Margaret!
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
A joint legal aid program of the Dallas Bar Association and Legal Aid of NorthWest Texas (formerly Legal Services of North Texas).
12 H e a d n o t e s l D a l l a s B a r A ss ociation
Focus
Novem ber 2009
Labor & Employment Law
Using the Internet to Research Applicants continued from page 1
an applicant, it must provide the applicant a disclosure statement and summary of rights under the FCRA. n Anti-discrimination statutes – Employers that search the Internet for information on applicants are likely to learn information regarding the applicants’ race, age, religion, sex, national origin, or other protected status. The employer also may learn that an applicant has family responsibilities such as caring for a child, spouse or elderly family member. If the employer learns this information and subsequently denies an applicant employment, the risk of litigation increases. n National Labor Relations Act – Under the NLRA, employees have the right to participate in concerted activities such as discussing wages and other terms and conditions of employment. If an employer were to review an applicant’s Facebook page in which he discussed work conditions or union activity,
the NLRA would prohibit the employer from basing an employment decision on that information. Beyond federal law and the state statutes that parallel them, many states have additional statutes prohibiting employment decisions based on characteristics or conduct of applicants that could be learned in broad Internet searches, such as political affiliation, marital status, smoking and sexual orientation. Finally, in addition to the statutory land mines, there are possible common-law claims for invasion of privacy. To minimize the liability risks, employers should follow these best practices: 1. Obtain a thorough authorization and release. Most employers have some sort of authorization, but it should contain specific references to blogs, social networking sites, and other Internet information, describing in detail the type of searches to be performed. 2. Don’t be sneaky. Do not try to access or break into any site to which you have not been provided authoriza-
Dallas Bar Association
Annual Mardi Gras Fall Party
tion. Similarly, do not falsify information or impersonate another individual in an attempt to obtain access. 3. Focus on job-related information only. Provide written direction to the people doing the searches as to what types of information they are looking for and what types of information are irrelevant. Give specific instructions to the searcher not to review information that would be impermissible in an employment decision. Even better, formalize a process by which the searcher passes on only the relevant information to the decision-makers, such that those making the hiring decisions never even see any of the information that cannot be considered. This also can be accomplished through the use of an outside vendor. There are pros and cons of supple-
menting the hiring process with Internet searches. On the one hand, the search can inject information about the protected status of an applicant into the decision-making process, thereby increasing the risk of litigation. On the other hand, companies may obtain a more thorough and accurate picture of the applicant in question. Considering the high costs of turnover, the need to make the right hire is greater than ever and may justify the use of Internet searches. In that situation, employers should implement the above safeguards in an effort to minimize HN the legal exposure. Ron Chapman, Jr., a shareholder in the firm of Ogletree, Deakins, Nash, Smoak & Stewart, is Board Certified in labor and employment law by the Texas Board of Legal Specialization. He can be contacted at ron.chapman@ogletreedeakins.com.
A Conversation with Tarrant County Judges 1 hr CLE/.25 hr Ethics Thursday, November 19 • Noon • The Belo Mansion Speakers
Judge Melody Wilkinson, 17th District Court Judge Tom Lowe, 236th District Court Judge Randy Catterton, 231st District Court (family law) Judge Jennifer Rymell, County Court at Law #2 Hosted by the DBA Judiciary Committee and the Morris Harrell Professionalism Committee.
Honoring New DBA members & Newly Licensed Attorneys
Thursday, November 19, 2009 5:30—8 p.m. The Belo Mansion 2101 Ross Avenue • Dallas, TX 75201
For more information, contact Kathryn Tarangioli at ktarangioli@dallasbar.org or (214) 220-7450.
Available NOW!
Business or Business Casual Attire. For sponsorship or event information please contact: Kim Watson, Membership Coordinator kwatson@dallasbar.org or (214) 220-7414
Trial lawyers on both sides of the aisle agree there is no better way to prepare for trial than to research your judge through
The 2009 Dallas County Bench Book* *A portion of the proceeds from the sale of this book goes directly to the Dallas Bar Association.
Call 800-456-5484 to order your copy today!
N o v e mb e r 2 0 0 9
Focus
Dal l as Bar A ssoci ati on l Headnotes 13
Labor & Employment Law
When DOL Knocks on Company Doors: Open With an Action Plan By Jill J. Weinberg
A
s current headlines have shown, many companies have paid out millions of dollars in judgments or settlements for overtime violations under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. In such lawsuits, in addition to recovering unpaid overtime for up to three years, plaintiffs often can recover liquidated damages for willful violations. Further, the FLSA mandates that the employer pay the prevailing plaintiffs’ attorneys’ fees. Often such lawsuits are triggered with a U.S. Department of Labor investigation. The DOL’s Wage and Hour Division interprets and enforces the FLSA’s requirements concerning overtime, minimum wage and child labor in the private and public sectors. The possibility of an investigation will only increase given Labor Secretary Solis’s recent announcement that the DOL is hiring 150 additional investigators to ramp up enforcement of the FLSA. A clear action plan before a DOL investigation can avoid protracted litigation and expensive damage awards. As further explained below, an action
plan should include: (1) Strategy sessions and a self-audit with an attorney; (2) Review of I-9 forms, payroll and timekeeping records, personnel policies and job descriptions; (3) Management meetings on how to approach the DOL investigation; and (4) Implementing damage control.
How the DOL Chooses a Company for an Investigation The DOL may knock on a company’s door due to a specific complaint or a general audit of a targeted industry. If a disgruntled worker filed a complaint, the worker’s identity is protected during the DOL’s investigation by law. Often, however, an employer can, through the process of elimination identify the complainant. Such sleuthing efforts may help determine the specific violation the DOL is investigating. For instance, if a cable company recently fired an installer who was contract labor and he worked 60 hours each week, that worker may have been misclassified. The DOL may be investigating to see if he should have been treated as an employee under the FLSA
and been paid overtime.
The Action Plan
Generally, a DOL letter will set a specific meeting time and will list various records for review. The DOL may also want to interview employees. The meeting date, however, may be rescheduled by company request. Doing so will allow time for an action plan to begin. First, before meeting with the DOL, a management strategy session should occur with an attorney who is experienced with FLSA compliance. During the self-audit, the attorney may decide to interview employees who are responsible for processing time records and paychecks. The attorney will need to know how work time is recorded, how hourly rates and overtime are calculated and why certain employees are classified as exempt from overtime. Also, the job duties of salaried employees will need to be examined to determine if they were properly classified as exempt. Further inquiry may be needed to assess if workers have been properly classified as independent contractors not entitled to overtime. Second, various documents such as I-9 forms, payroll and timekeeping records, personnel policies and job descriptions will need to be reviewed for accuracy and completeness. Third, management meetings should occur on how to proceed before and during the investigation. Among other issues, management needs to understand what the DOL investigator may be investigating (such as employCommercial Properties Ad_finalHR.pdf 5/22/09 9:02:52 AM ees being forced to work off the clock).
They will need to be advised not to retaliate against any employees who participate in the investigation or who they suspect may have complained to the DOL. Management will need to also understand the company’s payroll practices and timekeeping procedures. Since managers/supervisors act as agents of the company, their statements to the DOL investigator may create liability exposure. For this reason, the company’s attorney should prepare them and be present for any DOL interviews. Finally, a company should assess potential liability and implement damage control. After the self-audit, certain exemptions under the FLSA may apply to minimize or completely bar back pay liability. It is imperative to know before the DOL investigation that such exemptions apply so that they can be raised during the DOL investigation. If violations are uncovered in the self-audit, the employer should calculate back pay exposure and consider resolving the problems after the DOL audit is concluded. Frequently, due to legitimate offsets (i.e., paid lunch breaks), an employer’s calculations may be lower than the DOL’s calculations. In such cases, there may be room for reducing back wages paid in a DOL settlement. Beware: under the FLSA, only DOL-supervised or courtapproved settlements and releases are HN valid. Jill J. Weinberg is Board Certified in Labor and Employment Law and focuses her practice exclusively on employment, business and FLSA matters. She established the Weinberg Law Firm in North Texas. She can be reached at jill@wlfirm.com.
14 H e a d n o t e s l D a l l a s B a r A ss ociation
Focus
Novem ber 2009
Labor & Employment Law
Overtime Risks of Employees’ Work Using Wireless Devices By Natalie Arbaugh
T
he use of laptops and portable electronic handheld devices to perform work-related activities outside the office has risen substantially among all levels of employees, including employees who are “non-exempt” from wage and hour laws. And due to modern technologies, some companies are comprised of workforces that work at home through e-mail and other computer-based applications at least part of the day. These practices present new challenges for employers. The ease with which non-exempt employees may perform work-related activities from outside the traditional office increases work time and complicates the employer’s ability to manage it, potentially exposing employers to claims of unpaid overtime. The Fair Labor Standards Act of 1938 (FLSA) imposes compensation and overtime requirements for “work” performed by “non-exempt” employees. This work includes all time that is controlled or required by an employer and pursued necessarily and primarily for the benefit of its business. See 29 U.S.C. § 201 et seq.; 29 C.F.R. 785.7. The Portal-to-Portal Act, in turn, excludes from “work” any time spent commuting to and from the actual place where an employee performs his or her “principal activity” and any time that is “preliminary to or postliminary to” the principal activity performed by the employee, such as time spent get-
ting dressed for work. 29 U.S.C. § 254. These activities are not excluded from compensation, however, if they fall within the “continuous workday.” Once the work day has begun with the start of the first principal activity, an employer must compensate the employee for all time spent working until the conclusion of the last principal activity. 29 C.F.R. 790.6. Under the broad definition of “work,” work performed using wireless technologies is likely to be compensable, if it is not “de minimus” or “preliminary” to employee’s principal activity. Some courts have also determined that if an employee performs activities from home, such as checking e-mail, this work begins the continuous workday, thereby rendering commute time from home to another physical job site compensable despite the Portal-to-Portal Act. For example, in Dooley v. Liberty Mutual Insurance Company, 307 F. Supp. 2d 234, 242 (D. Mass. 2004), the court determined that electronic tasks performed at home, including checking voicemail and e-mail and reviewing the day’s assignments, were “principal” activities that initiated the work day. Thus, the tasks were compensable, and so was the commute time from home to the first work location. In Keubel v. Black & Decker, Inc., 2009 WL 1401694, (W.D.N.Y. May 18, 2009), however, the court ruled that e-mail correspondence and reviewing reports at home was not integral and indispensable and thus did not render
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commute time compensable. Considering the lack of clarity in the law, an employer’s best practice is to provide a policy clearly communicating company expectations and to limit use of electronic technology and out-of-office work. Some things to consider are: Remote Access/Use of Wireless Technologies. Company issuance of devices can be interpreted as condoning work outside the office. Accordingly, if wireless and remote work is not necessary, do not just write a policy prohibiting it—refuse to provide resources that permit such work. Company-Issued Equipment or Resources. If non-exempt employees are permitted to work remotely and on wireless technologies, address whether those technologies should be companyowned. Use of company-owned technology may expose the company to liabilities beyond the FLSA, such as tort liability. On the other hand, state privacy laws generally permit more liberal access to company-owned equipment, allowing an employer greater ability to monitor content and verify usage to confirm time worked. Types of Activities that Are Compensable. Company policy should establish the boundaries of compensable wireless work, including an explicit statement that the work must be business-related. It should indicate
that using an electronic device, even if company-owned, does not guarantee that the work will be compensable. Provide hypothetical examples of what employees may record as compensable time. Determine whether needs-based distinctions can be drawn. For example, e-mails to clients, customers and supervisors might be permitted after normal work hours only when immediate response is required. Limitations to Control Time Worked. Consider placing limits to minimize unnecessary work: Permit such work only during specific work hours. Require non-exempt employees to leave PDAs at the office. Place a weekly cap on time permitted to be spent performing such work. Anticipate the continuous workday rule and consider allowing employees to log on remotely only once a day and during the normal work day. Consistent Enforcement. To avoid an FLSA overtime action, employers must compensate employees for all time worked despite any policy violation. But employers should discipline and document violations, and consider taking away all remote and wireless privi HN leges for repeat violations. Natalie Arbaugh is a Principal in the Litigation and Dispute Resolution section of Fish & Richardson P.C. and practices commercial, intellectual property and employment litigation. She can be reached at arbaugh@fr.com.
Sustaining Members of the Dallas Bar Association The DBA sincerely appreciates the support of its Sustaining Members whose financial contributions enhance the preservation of the historic Belo Mansion.
*Michael C. Barrett, of Barrett Daffin Frappier Turner & Engel, LLP
Tahira Khan Merritt of Martin Merritt Nancy Arnole Nasher, of NorthPark Development Company
David Carlock, of Carlock & Gormley, LLP Hon. Carlos R. Cortez, of the 44th District.
*Michael A. O’Neil, of Law Office of Michael A. O’Neil, P.C.
John K. Horany., of John K. Horany, P.C.
Michael L. Riddle, of Middleberg, Riddle & Gianna
Sawnie A. McEntire, of Beirne, Maynard & Parsons, L.L.P.
Scott R. Seideman, of The Seideman Law Firm
Mike McKool Jr., of McKool Smith P.C.
Peter S. Vogel, of Gardere Wynne Sewell LLP *Deceased
N o v e mb e r 2 0 0 9
Classifieds
Dal l as Bar A ssoci ati on l Headnotes 15
November
Office Space
Three offices available upstairs and 2 offices available downstairs with a secretarial area available downstairs as well. Historic West End building in downtown Dallas is over 100 years old (was first city jail) and has been renovated and is charming. The offices can rent individually or as a package. ontact Sarah Brown, Craig Miley or Tonya Spears at (214) 692.8800 or sarah@mileybrown.com or craig@mileybrown.com. OFFICE SPACE near Victory and West End. 501 Elm Place building has exposed wood beams and original brick walls. The seven story atrium allows for natural light. Located across from the Records Building and the Sixth Floor Museum, the DART rail line runs directly behind the building on Pacific Av. Take clients to eat dinner at Mortons located in the basement or to eat lunch in the West End Historic District which is within walking distance. Remodeled “Ready To Move In” offices are available and ready for you. Sizes available: 626 sq. ft.up to 5,107 sq. ft. One man offices are also available for a cost of $400.00/mo. Call Scott Ehley for information at 972-241-3545 or email at sehley@international-capital. com Mention the Ad and receive a moving allowance! Hidden in the shadow of CityPlace. For Lease ±4,000 ft. second floor of garden office building at 4225 Office Parkway, two blocks east of Central, one block north of Haskell. Recently remodeled. $13.25 full serve + 40% electric on minimum two-year lease.
Some covered parking, nice reception, conference and kitchen. 972-367-6540 or pbogner@stoneeagle.com.
$500 a month. Month to month or longer term if desired. Call 214-987-0455 or 214-987-3300.
Executive suites. All amenities bundled at one reasonable rate including conference, kitchen, high-speed Internet, T-1 phone rates, Internet fax, receptionist, 24/7 HVAC, 24/7 access, etc. Beautiful ‘A’ garden building in Richardson directly at the DART stop near 75 Central and Spring Valley. Current tenant roster is largely attorneys. 972-367-6540 or 972-367-6527.
Plano Class “A” Office Space in Legacy Bank Plaza (Preston and Legacy). Beautiful space: professionally decorated; lots of art work; Lobby Concierge in attendance during business hours. Lots of accessible visitor parking. Space can include access to conference rooms, library, kitchen, computer network, internet, phone service, and copiers. Secure underground tenant garage parking with reserved and unreserved. Executive offices and support staff space available. Email jody.johnson@aj-familylaw.com (972-608-4300).
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 glass 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, reserved garage parking, on-site restaurant and other amenities. Why not have quality of life while you practice? Please call (214) 750-1600 for details. North Dallas Tollway (Galleria area) office space. Hardwood floors and ornate mahogany paneled walls in common areas. One office (approx. 13.5 x 13.5) with built-in mahogany secretarial carrel (located in outer office area). Access to three conference rooms, copier, postage meter and two kitchens. Receptionist services available. Please call Kristi at 972-934-4100. 3 offices available located Hwy 75 at NW Hwy prime first floor location
Give and Receive: Campaign for Equal Access to Justice and DVAP The need for free legal services is greater than the available resources. For a donation of $1,000 ($5,000 for a firm), your name will be prominently listed in an ad in The Dallas Morning News during the holidays. At every giving level, you receive recognition, benefits and the gratitude of the community. For more information, contact Alicia Hernandez at AHernandez@dallasbar.org or (214) 220-7499.
2010 Pictorial Photo Shoot 2010 Pictorial Photos Need to update your directory photo? The DBA Pictorial Photographer will be at the Belo on Wednesday, November 18, from 9 a.m. – 3 p.m. and for the New Member Reception on Thursday, November 19, from noon - 8:30 p.m. to take photos for the 2010 Pictorial Directory. It only takes 5 minutes! No reservation necessary. You can also purchase photos for your personal use.
DBA Family Holiday Party ~ Monday, December 14 ~ 6 to 8 p.m. at the Belo Mansion
Enjoy pictures with Santa, face-painting, tap-dancing, toy trains and more! PLEASE BRING AN UNWRAPPED TOY TO BE DONATED TO CHARITY.
Questions? Contact Rhonda Thornton at rthornton@dallasbar.org or 214-220-7403.
Services
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Seeking attorney wishing to control future or perhaps soccer mom wishing to return to practice – EP & Probate Specialist offers rare opportunity. Position available for Texas attorney interested in acquiring mature Dallas based practice. Initial relationship independent agent. Send inquiries with resume and goals to PO Box 803067 , Dallas, TX 75380. Dallas IP Boutique with casual atmosphere has an immediate opening for a two-four+ year IP associate with experience in patent prosecution and litigation. Must be admitted to Texas and USPTO. Degree in engineering is preferred, but not required. Please send resume to dallasipfirm@gmail.com. Diversified Dallas holding and operating company has openings for two attorneys. Qualifications include minimum five years actual corporate and/ or real estate practice with excellent references. Contact Virginia Kingsley at 214-641-6141 or email vkingsley@ tx.rr.com.
Classified Advertising – 2009 Rates & Deadlines Headnotes is mailed monthly to approximately 10,000 attorneys in the Dallas area, and is ideal for announcing available office space, job openings, items for sale, services, etc. DBA Member Rates: 40 words or less $80; 41-60 words; $112; 61-100 words $140. NonMember Rates: 40 words or less $128; 41-60 words; $160; 61-100 words $190. Web Page Rates: Classified ads which run in Headnotes can also be posted on the DBA Web site for an additional fee of $40 for a 30-day period, or $60 for non-members. Web-only ads are also available. Ads are posted at www.DallasBar.org/members/classifieds.asp. Deadlines: Ad text and payments are due on the 10th of the month prior to the issue date. For instance, ads for the December 2009 issue of HEADNOTES are due November 10. Payment must be made at time ad is submitted. Mail items to Judi Smalling c/o Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. For additional information: Request rate card and details from JSmalling@dallasbar.org.
16 H e a d n o t e s l D a l l a s B a r A ss ociationâ€
Novem ber 2009