Dallas Bar Association
HEADNOTES
Focus Entertainment, Arts & Sports Law
March 2017 Volume 42 Number 3
Pro Bono Attorneys: Giving Back Campaign Exceeds $1.14 Million by Alicia Hernandez
Major donor gifts from Deborah Hankinson and Leon and Debra Carter rounded out the 2017 Equal Access to Justice Campaign benefitting the Dallas Volunteer Attorney Program, a joint pro bono program of the Dallas Bar Association and Legal Aid of NorthWest Texas. These gifts, along with 703 gifts from additional donors, helped the Campaign raise over $1.14 million this year. Justice Hankinson, of Hankinson LLP, donated $25,000 to the Campaign, increasing her total donations since 2003 to $316,000. Justice Hankinson has been one of the most active supporters of legal aid to the poor locally, regionally, and nationally since the 1990s. She has not only provided financial assistance for individuals needing legal help, such as her gifts to DVAP, but she has also actively worked to encourage broad base support and change within the Texas Supreme Court, Texas legislature, and on a national level to improve the understanding, importance, and impact of legal aid to the poor on individuals, the community, and our justice system. “Today, the promise of equal justice goes unfilled in our communities. It is up to us, the lawyers working in the legal system, to ensure that people have access to our justice system and the expertise that lawyers can provide to unlock the doors to the courthouse,” said Hankinson. “It is a great responsibility, and I am never prouder than when I see lawyers fighting for the rights of their neighbors with no expectation of being paid and really just the benefit of knowing that they have helped someone.” “Giving without expectation,” said Leon Carter, “that is the very definition of a pro bono lawyer, working quietly behind the scenes to accomplish their clients’ goals.” Leon and Debra Carter’s $25,000 donation to the 2017 EAJ Campaign is just that—quietly donated without the need or desire for fanfare—much like that of many of our volunteers. And, for Leon Carter, principal and co-managing partner of Carter Scholer Arnett & Mockler in Dallas, giving back is at the heart of being a lawyer.
Leon & Debra Carter
Justice Deborah Hankinson
“Over the years Debra and I have seen time and time again where the poor have been unable to protect their rights because they couldn’t access the courts,” said Mr. Carter. “One of our favorite Bible verses is James 4:17 which states that ‘therefore to him that knoweth to do good, and doeth it not, to him it is sin.’ Giving to Equal Access to Justice is one way of abiding by this verse. It is not the government’s responsibility alone to help the poor, it is our responsibility to help where we can and when we can. We all may not be able to give the same amount but we can all give. Debra and I truly believe that God doesn’t look at the amount we give but whether we give. I love the quote by Winston Churchill which states ‘we make a living by what we get, but we make a life by what we give.’ God has given us more than we deserve and we intend to give back more and more of what we have because there is no better feeling than giving and expecting nothing back.” Giving Back is the driving force for pro bono lawyers as well. Ashlie Alaman Stamper, of Luminant Energy, is one of those pro bono attorneys who is making a difference. She took her first case from DVAP because she wanted to learn about family law, but she learned so much more. “I came to DVAP to learn how to process a simple divorce, but what I learned is there no such thing as a simple divorce. I learned that my clients come to me seeking resolution that they want, but really I am helping them get the closure they
need. I help my clients heal and move on to the next part of their lives.” Adrian Bower, of Cox Bower LLP, is also making a difference. “We all believe in the principle that we are innocent until proven guilty,” said Bower, a four-year attorney, “but in the hiring world, the mere presence of a dismissed criminal charge is enough for a job applicant to fail a background check. A false accusation can render you unemployable. Obtaining an expunction or order of non-disclosure on a criminal record can change all that. It is a pretty straightforward process, but having an attorney help makes all the difference. It restores their ability to get a job and take care of their families.” Mike Regitz, an IP lawyer with Regitz Mauck, who helped establish DVAP’s Veteran’s Legal Clinic in 2009, is also making a difference in the lives of his pro bono clients. Regitz recently represented a veteran and mother of two facing eviction because she lost her job and was possibly wrongfully denied her unemployment benefits. Mike took a big picture view of his client’s situation, recognizing that the denial of benefits was only a part of the problems she was facing. “Her bigger issue was imminent homelessness for her family. I helped connect her with resources so she avoided homelessness. In the meantime, she was able to find another job and stabilize her situation,” said Regitz. “She served our country, and I feel honored to be able to serve her.” Without a doubt, Regitz has made a difference. Making a difference, effectuating change, protecting the rights of others, without any expectation that they will be paid for their work—that is the role of the pro bono lawyer. Even so, pro bono lawyers, donors, and those highlighting the importance of access to justice like Hankinson, the Carters, Alaman, Bower, and Regitz would probably agree that they have reaped many rewards from their service. Ms. Alaman stated it well. “I came to DVAP to learn about family law, but I learned so much more….lessons about having faith in God and never giving up…I am eternally grateful for DVAP and the work they do in allow HN ing me to be and receive such a blessing.” Alicia Hernandez is the Executive Director of the Dallas Bar Association. She can be reached at ahernandez@dallasbar.org.
Beverly Godbey Honored with the 2017 Fellows Justinian Award by Kim J. Askew
Beverly B. Godbey is a worthy recipient of the 2017 Fellows Justinian Award. Indeed, few lawyers can match her tremendous volunteer service while maintaining the highest principles and traditions of the legal profession. From advising clients in complex lawsuits and boardrooms to leading the Dallas Bar Association or State Bar of Texas in some of its most important work, Beverly is virtually everywhere in the legal profession and community. She combines an outstanding reputation for excellence as a lawyer with a strong commitment to pro bono, bar and community service. And she does it all with a grace and exuberance that is an example for all. Beverly is the consummate advisor and counselor to her clients. She has long represented clients in complex commercial litigation and insurance coverage issues. David Brickman, General Counsel for Capital Senior Living Corporation with whom she has worked for over
She later became President of the Dallas 15 years, spoke of her “wise counsel” and Bar Association and served as Chair of described her as “one of the best in her the Board of the State Bar of Texas. She field.” Frank Risch, another long-time is effective because she understands peoclient, praised Beverly’s “depth of knowlple and the institutions she serves. Cathy edge” and the confidence she gives her Maher, recently retired Executive Director clients as they make tough decisions. Holof the Dallas Bar Association spoke effuland O’Neil, Chair of the Board of Direcsively of Beverly’s service. “She has led the tors of Gardere, spoke of the tremendous Dallas Bar Association, Dallas Bar Founcontributions Beverly has made to Gardation, DBA Equal Access to Justice Comdere over the course of her career. “Bevmission and the Texas Equal Access to erly consistently demonstrates the best Justice Commission. She works to improve values of our profession. Her character is the profession.” the highest. She is dedicated to serving As Chair of the Dallas Bar Foundaour clients while being committed to the Beverly Godbey tion, Beverly helped to expand the reach of community and pro bono service.” Beverly has been a leader from the moment she came the Foundation, especially through the Sarah T. Hughes into the profession. She began her leadership as Presi- Diversity scholarships. Rhonda Hunter, former Dallas dent of the Dallas Association of Young Lawyers and was one of the Founding Fellows of the DAYL Foundation. continued on page 12
Inside 6 Regulations Allow Use of Drones in News & Filmmaking 11 Five Essential Steps to Protect Your Writer-Client 15 ‘Tis a Pity about Bowie and Prince
DBA MEMBER REMINDER:
All members who have not yet renewed for 2017 will be dropped on March 8, 2017! Renew TODAY in order to continue receiving all your member benefits. Thank you for your support of the Dallas Bar Association!
2 He a d n o t e s l D a l l a s B a r A s s o ciation
March 2017
Calendar March Events MARCH 3-BELO Noon
FRIDAY CLINICS
“Winning the Hard Cases,” Mark Werbner. (MCLE 1.00)* RSVP to yhinojos@dallasbar.org.
MARCH 10-NORTH DALLAS** Noon
“Post-judgment Bank Garnishments, Hershel R. Chapin. (Ethics 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Fox Rothschild LLP. RSVP to yhinojos@dallasbar.org.
MARCH 17-BELO Noon
“Closing Arguments: What You Can & Cannot Say At Closing Argument,” Mike Northrup. (MCLE 1.00, Ethics 0.50)* RSVP to yhinojos@dallasbar.org.
WEDNESDAY, MARCH 1
Summer Law Intern Program Committee
Dallas Asian American Bar Association
Noon
5:15 p.m. Legalline. Volunteers needed. RSVP to sbush@dallasbar.org.
Employee Benefits & Executive Compensation Law Section “Understanding and Administering Plan Sponsor Responsibilities Under the HIPAA Security Rule,” Barbara Holthaus and Jason Sheffield. (MCLE 1.00)*
Noon
Public Forum Committee
Government Law Section “What Protection Does Sovereign or Qualified Immunity Offer in 2017?” Christopher Klement and Darrell G-M Noga. (MCLE 1.00)*
CLE Committee
DAYL Judiciary Committee
Publications Committee
Solo & Small Firm Section “Running a Small Law Office,” Hon. Carl Ginsberg. (MCLE 1.00)*
5:30 p.m. Bankruptcy & Commercial Law Section “Duberstein Moot: Can a Plan Permanently Enjoin Non-Consenting Creditors’ Claims Against Non-Debtors and is Equitable Mootness a Basis to Decline an Appeal?” Liz Boydston and Tim Springer. (MCLE 1.00)*
THURSDAY, MARCH 2 Noon
Business Litigation Section “U.S. Supreme Court Update,” Prof. Erwin Chemerinsky. (MCLE 1.00)*
Judiciary Committee
Family Law Section Board Meeting
St. Thomas More Society
FRIDAY, MARCH 3 Noon
Friday Clinic-Belo “Winning the Hard Cases,” Mark Werbner. (MCLE 1.00)* RSVP to yhinojos@dallasbar.org.
MONDAY, MARCH 6 Noon
THURSDAY, MARCH 9
Tax Law Section “Choosing Wisely: When to Use (or Not Use) Mediation to Obtain Cost Effective Closure in Exam & Collection Cases,” Maxine Aaronson. (MCLE 1.00)*
TUESDAY, MARCH 7 Noon
Corporate Counsel Section “Texas Insurance Law: What You Need To Know As In-House Counsel,” John Hardin. (MCLE 1.00)*
Tort & Insurance Practice Section Topic Not Yet Available
Morris Harrell Professionalism Committee
WEDNESDAY, MARCH 8 7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group Noon
Family Law Section “Wills and Estates Traps and Tricks: a Guide for Family Lawyers,” Kevin Spencer. (MCLE 1.00)*
Bench Bar Conference Committee
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
WEDNESDAY, MARCH 15
Non-Profit Law Study Group
THURSDAY, MARCH 23
5:15 p.m. Legalline. Volunteers needed. RSVP to sbush@dallasbar.org.
THURSDAY, MARCH 16 Noon
Appellate Law Section/Media Relations Committee “The Texas Citizens’ Participation Act: SLAPP Happy Yet?” Thomas Leatherbury. (MCLE 1.00)* South Dallas Clinic “Getting To Know You, Getting To Know All About You: What To Expect In Municipal Court,” Hon. Victor Lander and Municipal Court Panel. (MCLE 2.00)* At UNT Dallas, 7400 University Hills Blvd, Building 2, Room #138. Park in lot in front of 7400 University Hills Blvd. RSVP to yhinojos@dallasbar.org.
DAYL Lunch & Learn CLE
DAYL Animal Welfare Committee
DAYL Pro Bono Partners Committee
Dallas LGBT Bar Association
6:00 p.m. J.L. Turner Legal Association
Dallas Women Lawyers Association CLE
FRIDAY, MARCH 10
1:00 p.m. DWLA Board of Directors Meeting
DAYL Freedom Run Committee
MONDAY, MARCH 13 Noon
Alternative Dispute Resolution Section “Tools and Techniques for Breaking Impasse in a Mediation,” Christopher Nolland. (MCLE 1.00)*
Real Property Law Section “American with Disabilities Act and the Fair Housing Act,” Jeanne Huey and Richard Hunt. (MCLE 1.00)*
Peer Assistance Committee
TUESDAY, MARCH 14 Noon
Immigration Law Section Topic Not Yet Available
Courthouse Committee
Home Project Committee
Legal Ethics Committee
6:00 p.m. DAYL Board of Directors Meeting
Municipal Justice Bar Association
Pro Bono Activities Committee
Trial Skills Section “The Dallas Jury: What are They Thinking?” Jason Bloom. (MCLE 1.00)*
DVAP New Lawyers Luncheon. For more information, contact reed-brownc@lanwt.org.
Christian Legal Society
Health Law Section “Options for Recovering for HIPAA Violations,” Rachel Rose. (MCLE 1.00)*
Implicit Bias Seminar “Implicit Bias in the Courtroom,” Paulette Brown, Rhonda Hunter, Wei Wei Jeang, and Prof. Sarah Redfield. (MCLE 3.75, Ethics 1.00)* RSVP to lhayden@dallasbar.org.
DAYL Equal Access to Justice Committee
Christian Lawyers Fellowship
Energy Law Section Topic Not Yet Available
Minority Participation Committee
Friday Clinic—North Dallas** “Post-Judgment Bank Garnishments,” Hershel Chapin. (Ethics 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Fox Rothschild LLP. RSVP to yhinojos@dallasbar.org.
Entertainment, Arts & Sports Law Section “‘O.J.: Legal Issues in Turning the First Reality Show into a Reality Show,” Bill Dear and Sally Helppie. (MCLE 1.00)*
Noon
Noon
FRIDAY, MARCH 17 Noon
Friday Clinic-Belo “Closing Arguments: What You Can & Cannot Say At Closing Argument,” Mike Northrup. (MCLE 1.00, Ethics 0.50)* RSVP to yhinojos@ dallasbar.org.
Noon
Criminal Law Section “Stop Minding Your Own Business: A Lawyer’s Ethical Obligation to Recognize and Assist Fellow Attorneys in Need of Help,” Terry Bentley Hill. (Ethics 1.00)*
Environmental Law Section “Energy Pipelines, the Trump Administration, & the Courts: New Policies & New Challenges,” James W. Coleman. (MCLE 1.00)*
Courthouse Committee “Courtroom AV Technology Bootcamp,” at Frank Crowley Courthouse. (MCLE 1.00)*
DVAP Consumer CLE “Consumer Issues that Plague our Low-Income Clients…Car Repairs, Roof Repairs, and Credit Card Debts,” Claudio Cano. (MCLE 1.00)*
Christian Legal Society
DAYL CLE Committee
3:30 p.m. DBA Board of Directors Meeting
FRIDAY, MARCH 24 Noon
Intellectual Property Law Section “Maximizing Your Mediation,” William Cornelius and Jay Zeleskey. (MCLE 1.00)*
MONDAY, MARCH 27 Noon
Science & Technology Law Section “The Latest in Computer Forensics Techniques,” Ovie Carroll. (MCLE 1.00)*
Transition to Law Practice Program “Twenty Things I Wish I Knew As a Young Lawyer,” Justice Douglas Lang, Kathryne “Kate” Morris, and Nigel Wheeler. (Ethics 1.00)*
Securities Section “Recent Guidance on Non-GAAP Financial Measures,” Matthew Fry. (MCLE 1.00)*
DAYL Lawyers Against Domestic Violence
Golf Tournament Committee
DAYL Membership Committee
MONDAY, MARCH 20 Noon
Labor & Employment Law Section “Preparing for “Ambush” – Union Elections – as allowed by Current NLRB Regulations,” Durwood Crawford. (MCLE 1.00)*
Senior Lawyers Committee
TUESDAY, MARCH 21
TUESDAY, MARCH 28 Noon
Probate, Trusts, & Estates Law Section “Polices & Procedures of the Collin County, Tarrant County, and Denton County Probate Courts,” Hon. Weldon Copeland, Jr., Hon. Steve King, and Hon. Bonnie Robison. (MCLE 1.00)*
Courthouse Committee “Courtroom AV Technology Bootcamp,” at Frank Crowley Courthouse. (MCLE 1.00)*
DBA Community Service Fund Board Meeting
DAYL Lawyers Promoting Diversity
Noon
Antitrust & Trade Regulation Section Topic Not Yet Available
International Law Section “The International Impact of Executive Order Litigation,” Noaman Azhar. (MCLE 1.00)*
Community Involvement Committee
WEDNESDAY, MARCH 29
Entertainment Committee
Noon
DAYL Elder Law Committee
6:00 p.m. Dallas Hispanic Bar Association
WEDNESDAY, MARCH 22 Noon
Collaborative Law Section “Addressing Addiction in Collaborative Cases,” Panel Discussion. (MCLE 1.00)*
No DBA Events Scheduled
THURSDAY, MARCH 30 Noon
No DBA Events Scheduled
FRIDAY, MARCH 31 Noon
No DBA Events Scheduled
If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Alicia Hernandez at (214) 220-7401 as soon as possible and no later than two business days before the seminar. All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION. *For confirmation of State Bar of Texas MCLE approval, please call Yedenia Hinojos at the DBA office at (214) 220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact yhinojos@dallasbar.org.
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March 2017
President’s Column
Headnotes Published by: DALLAS BAR ASSOCIATION
Stronger Together by Rob Crain
Preparation for becoming President of the Dallas Bar Association includes attending the meetings of the National Conference of Bar Presidents (NCBP). They are twice a year and meet at the same time and location as the American Bar Association’s (ABA) midyear and annual meetings. This is a wonderful opportunity to learn about bar associations across the country as well as share ideas to improve our respective associations. Last year, the NCBP and ABA held a joint luncheon on implicit bias. Implicit bias refers to the attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner. Over the years, I have learned a lot about myself when it comes to implicit bias. Like most people, I like to think of myself as somebody who treats all people the same, regardless of skin color and gender. I am blessed to have parents who are examples of being kind to everybody. My Dad made a point to educate us that others would be hateful to people merely because of the way they looked; he taught us this was wrong and that we should stand up to this kind of hateful conduct. As I became an adult, I thought I had a good track record of being color blind, and I took offense if anyone suggested I was other than color blind. Kimberly Papillon, an attorney and noted speaker on implicit bias, led the interactive luncheon program last year. Ms. Papillon had the audience interact as images were shown on video screens. She assigned labels (“good” “bad”, etc.) to physical acts like clapping your hands or tapping your lunch table. When you saw a good image, you clapped, when you saw a bad image you tapped the table. As the program continued, the images would be displayed more quickly requiring the brain to process more on an involuntary level. The program was a bit more complicated than that, but you get the picture. Ms. Papillon is a student of neuroscience and how unconscious processes may affect decision making. Her presentation of images and directed responses were designed to reveal our stored biases. You would think a room full of well-educated, well-intentioned lawyers would be generally in unison with their responses to what is good and bad—far from it. As the images increased in speed, the responses became less and less in unison. Laughter, often nervous laughter, would cascade as people appreciated their responses were inappropriate to the images. Nobody was immune. There were more than 400 people in the room, of all skin colors. I walked away like most everybody else in the room, appreciating that despite my best intentions, there are biases that have been absorbed by my brain from external sources. Whether the bias was learned from others, television, movies, books, music, etc., they are there. We all have them. None of us are colorblind. Kathy Nalty’s book, Going All-In on Diversity and Inclusion: The Law Firm Leader’s Playbook, points to a number of blind studies highlighting bias—for example, the same resume being
treated disparately because one had a male name and one a female name. Another study involved a writing sample that was carefully crafted with intentional errors and sent to professors for evaluation—the only difference in the writing samples were the names attached to the writing sample that were obvious for ethnic type. The evaluations of samples with white sounding names were more positive and professors found fewer planted errors, while those samples with ethnically diverse names were less positive and graded more severely. What was also evident is that the bias was across the board, women were biased against female resumes at the same rate that men were biased against female resumes, and ethnic minority responders were just as biased against minority writing samples as white responders. The good news is that you can retrain yourself to think in less-biased and stereotyped ways. As Ms. Nalty states, motivation is the key—“research shows that people who seek to be fair and unbiased are more likely to be successful in purging their biases.” You can, in effect, retrain your brain to overcome implicit bias by changing the underlying associations that form the basis of implicit bias. For lawyers, it is also valuable to understand implicit bias as it affects your trials. Both in our trial work and in our daily lives, understanding our biases and opening our minds to better understanding each other’s perspectives is extremely important. The DBA is offering several ways to become more involved in these practices during 2017. The first is on March 10, when Rhonda Hunter, DBA’s first African-American President, will lead a presentation at the Belo Mansion on implicit bias. She will be joined by Paulette Brown, Immediate Past President of the American Bar Association; Sarah Redfield, Professor Emerita at the University of New Hampshire; and Wei Wei Jeang, Partner at Grable Martin Fulton PLLC. Their seminar will teach you how implicit bias affects your trials, whether civil, criminal or juvenile. This seminar will also help those not involved in trial work. It can help you in your transactional business, corporate environment, non-profit relationships, and in your daily lives in general. Another way that you can become involved in these practices is by joining the DBA as we partner with the 2017 Year of Unity, which provides unique gatherings for people to discuss race and to better understand each other’s perspectives. The DBA has already participated in a dinner program where 600 people from across the metroplex came together in small gatherings to break bread and talk about race. We will have at least three more dining opportunities this year. Please follow the DBA on Facebook or Twitter, or pay attention to the website as events are announced. I can tell you I walked out of Ms. Papillon’s lunch program more aware of my implicit biases. In some ways it was a sad appreciation, but it is comforting to know that we are all in this together, and that we can do something about it. Stronger Together Rob
HN
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Register online at: www2.dallasbar.org/dbaweb/EventRegistration/
Thank You to our Sponsors:
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OFFICERS President: Rob D. Crain President-Elect: Michael K. Hurst First Vice President: Laura Benitez Geisler Second Vice President: Robert L. Tobey Secretary-Treasurer: Rocio Cristina Garcia Immediate Past President: Jerry C. Alexander Directors: A. Shonn Brown, Jonathan Childers, Dawn Estes, Sakina Foster, Stephanie Gause, Hon. Bonnie Goldstein (Judicial At-Large), Hon. Martin Hoffman, Christopher Kang (President, Dallas Asian American Bar Association), Krisi Kastl, Angelina LaPenotiere (President, Dallas Hispanic Bar Association), Bill Mateja, Karen McCloud (Vice Chair), Kate Morris, Cheryl Camin Murray, Erin Nowell, Paul Simon (President, Dallas Association of Young Lawyers), Tramaine Tinner (President, J.L. Turner Legal Association), Aaron Tobin (Chair), and Victor D. Vital Advisory Directors: Isaac Faz (President-Elect, Dallas Hispanic Bar Association), Ashlei Gradney (PresidentElect, J.L. Turner Legal Association), Shruti Krishnan (President-Elect, Dallas Asian American Bar Association), Stephanie Osteen (President-Elect, Dallas Women Lawyers Association), Jennifer Ryback (President-Elect, Dallas Association of Young Lawyers), and Dena DeNooyer Stroh (President, Dallas Women Lawyers Association) Delegates, American Bar Association: Rhonda Hunter, Hon. Liz Lang-Miers Directors, State Bar of Texas: Leon Carter, John Jansonius, Gregory Sampson, and Brad Weber HEADNOTES Executive Director/Executive Editor: Alicia Hernandez Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Josh Garza Display Advertising: Tobin Morgan, Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Alexander Farr and Keith Pillers Vice-Chairs: Andy Jones and Carl Roberts Members: Timothy Ackermann, Logan Adock, Wes Alost, Jason Bloom, Grant Boston, Andrew Botts, Emily Brannen, Amanda Brown, Paul Chappell, Charles Coleman, Shannon Conway, Rob Crain, James Deets, James Dockery, Maria Fernandez, Dawn Fowler, Andrew Gould, Susan Halpern, Meghan Hausler, Jeremy Hawpe, Beth Hearn, Lindsay Hedrick, Nicole Holland, Michael Hurst, Brad Jackson, Andrew Jones, Kristi Kautz, Daniel Klein, Michelle Koledi, Kevin Koronka, Susan Kravick, Jess Krochtengel, Dwayne Lewis, Margaret Lyle, Lawrence Maxwell, Jr., R. Sean McDonald, Kadie Michaelis, Terah Moxley, Jessica Nathan, Eugene Olshevskyy, Kirk Pittard, Laura Anne Pohli, Charles Price, Mark Rasmussen, Adam Reed, Kathy Roux, Joshua Sandler, Mary Scott, Jared Slade, Christopher Snyder, Thad Spalding, Shana Stein, John Stevenson, Scott Stolley, Amy Stowe, Adam Swartz, Ashely Swenson, Michael Tristan, Pryce Tucker, Kathleen Turton, Peter Vogel, Suzanne Westerheim, Yuki Whitmire, Jason Wietjes, Sarah Wilson, Pei Yu DBA & DBF STAFF Executive Director: Alicia Hernandez Accounting Assistant: Shawna Bush Communications/Media Director: Jessica D. Smith Controller: Sherri Evans Events Director: Rhonda Thornton Executive Assistant: Liz Hayden Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewers: Viridiana Avina, Marcela Mejia Law-Related Education & Programs Coordinator: Melissa Garcia Membership Director: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Yedenia Hinojos DALLAS VOLUNTEER ATTORNEY PROGRAM Managing Attorney: Michelle Alden Mentor Attorneys: Kristen Salas, Katherine Saldana Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Miriam Caporal, Tina Douglas, Zaporra Gonzales, Andrew Musquiz, Carmen Perales, Alicia Perkins, Karra Rybicki, Dominick Vallejo Program Assistant: Patsy Quinn Copyright Dallas Bar Association 2017. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher.
Organized by the Arlington Bar, Dallas Bar & Tarrant County Bar Associations Dallas County Judges Planning to Attend: Hon. Jennifer Bennett Hon. Tena Callahan Hon. Rob Cañas Hon. Tina Yoo Clinton Hon. Dominique Collins Hon. Danielle Diaz Hon. King Fifer Hon. Carl Ginsberg Hon. Bonnie Goldstein Hon. Harlin Hale
2101 Ross Avenue Dallas, Texas 75201 Phone: (214) 220-7400 Fax: (214) 220-7465 Website: www.dallasbar.org Established 1873
Hon. Martin Hoffman Hon. Margaret JonesJohnson Hon. Jim Jordan Hon. Nancy Kennedy Hon. Gracie Lewis Hon. Lincoln Monroe Hon. Regina Moore Hon. John Peyton Hon. Monica Purdy
Hon. Jeff Rosenfield Hon. Doug Skemp Hon. Craig Smith Hon. Ken Tapscott Hon. Drew Ten Eyck Hon. Dale Tillery Hon. Don Turner Hon. Ingrid Warren Hon. Staci Williams
Tarrant County Judges Planning to Attend: Hon. Wade Birdwell Hon. Robb Catalano Hon. Jamie Cummings Hon. Lindsay DeVos Hon. David Evans Hon. George Gallagher Hon. David Hagerman
Hon. Diane Haddock Hon. William Harris Hon. Cherami Jenkins Hon. Molly Jones Hon. Steven King Hon. James Mumford Hon. Jesus Nevarez, Jr.
Hon. Steve Owen Hon. Jennifer Rymel Hon. R.H. Wallace Hon. Carey Walker Hon. Judith Wells
Headnotes serves the membership of the DBA and, as such, editorial submissions from members are welcome. The Executive Editor, Editor, and Publications Committee reserve the right to select editorial content to be published. Please submit article text via e-mail to jsmith@dallasbar.org (Communications Director) at least 45 days in advance of publication. Feature articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informational and educational purposes and is not intended as legal advice. Opinions expressed in articles are not necessarily those of the Dallas Bar Association. All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Association’s sole discretion. Headnotes (ISSN 1057-0144) is published monthly by the Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. Non-member subscription rate is $30 per year. Single copy price is $2.50, including handling. Periodicals postage paid at Dallas, Texas 75260. POSTMASTER: Send address changes to Headnotes, 2101 Ross Ave., Dallas, TX 75201.
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Focus
March 2017
Entertainment, Arts & Sports Law
Regulations Allow Use of Drones in News & Filmmaking by Vincent J. Allen
Advances in technology have resulted in an explosion in the use of small drones in recent years. In 2012, Congress passed the FAA Modernization and Reform Act, which required the FAA to implement regulations to fully regulate commercial drone usage by September 30, 2015. While the FAA began conducting drone safety tests shortly after the Act was signed into law, it was only recently that the first set of FAA regulations went into effect. Prior to Part 107 of the Federal Aviation Regulations becoming effective on August 29, 2016, the use of a drone for commercial purposes required a special exemption referred to as a “Section 333 Exemption”. The process to get a Section 333 Exemption is time consuming and required the use of a licensed pilot. Part 107 makes it much easier for individuals and businesses to fly drones for commercial purposes. Notably, a manned aircraft pilot’s license is no longer required. To act as pilot in command in a commercial drone operation, one
must pass a written test and submit an application to the FAA for a remote pilot certificate. Pilots already licensed to fly manned aircraft need only take an online course and submit an application. There are still restrictions, however, on the size of the drone and the types of operations that can be conducted without obtaining an exemption or waiver. Part 107 requires the drone to weigh less than 55 pounds. Operations are limited to visual line-of-sight (VLOS) only, meaning that the remote pilot in command must keep the aircraft within sight, unaided by any device other than corrective lenses of the pilot. This prevents the use of first person view (FPV) technology that allows the pilot to see a camera view from the aircraft on a screen or by using virtual reality goggles that are wirelessly connected to the aircraft camera. Companies like Amazon and Google, which have been considering delivery by drones, have criticized the rules for not being comprehensive enough to allow FPV
The Texas Citizens’ Participation Act: SLAPP Happy Yet?
Thursday, March 16, 2017 Noon at Belo MCLE 1.00 Co-Sponsored by the Appellate Law Section & the Media Relations Committee Thomas Leatherbury Partner, Vinson & Elkins
technology, the use of which is required for drone delivery to work. This also restricts the use in news-gathering and film making, but it does allow the reporter or film crew to obtain footage as long as visual contact can be maintained with the aircraft. Part 107 also prohibits drones from being operated above anyone who is not directly participating in the operation. Nor can a drone be operated under a covered structure. A drone may only be operated during the day and at less than 400 feet above the ground. Operating within certain airspace, particularly airspace within five miles of an airport, requires the remote pilot to provide air traffic control with details of the proposed operation. Practically speaking, although not technically required, operating within three miles of an airport necessitates the remote pilot to be in two-way radio communication with the controller. Waivers of almost all Part 107 restrictions above can be obtained from the FAA when the pilot can demonstrate that the operation can be performed safely. To date, the FAA has granted 269 waivers, the vast majority of which have been for the purpose of allowing flight at night. There have only been a few waivers granted to allow use of FPV in lieu of maintaining visual contact with the aircraft. However, it is likely that the FAA
will implement additional rules in the future to allow the use of FPV when appropriate safety precautions are demonstrated. Temporary flight restrictions (TFRs) can be imposed by the FAA on all aircraft, preventing any operations in certain areas. While TFRs should only be implemented for safety reasons, some have argued that the FAA has improperly imposed TFRs in certain locations to restrict media access. In one case, the FAA ultimately allowed the media to use a drone to obtain footage within a TFR after initially rejecting the request. The improper use of TFRs could in some cases be considered a violation of the First Amendment. The new regulations of Part 107 open the door significantly for drone journalism and filmmaking. It will allow the remote pilot to become certified without learning to fly a manned aircraft and without significant expense. Drones are relatively inexpensive as well, making the barriers to entry very low compared to obtaining aerial footage with manned aircraft. Even the high end professional-grade DJI Inspire 2 phantom used for aerial cinematography work can be purchased fully equipped for $6,000. HN Vincent J. Allen is a partner at Carstens & Cahoon, an intellectual property law boutique, and can be reached at allen@cclaw.com.
DVAP’s Finest Jack Manning
Jack Manning is the Founder and Senior Shareholder of Manning & Meyers. Jack began working with DVAP in 2014, and has been an avid volunteer ever since. Manning & Meyers won the 2015 Gold Award for Pro Bono Service for Dallas Offices under 50 Attorneys, and the firm participates in as many pro bono opportunities as possible. Jack won the award for the Outstanding Clinic Volunteer for 2016 for the South Dallas Clinic. Jack can be found interviewing applicants the South Dallas and West Dallas Clinics on a regular basis. Manning & Meyers focuses on real property pro bono cases as it is an area of specialization for the firm. Manning & Meyers has recently obtained a number of favorable outcomes, including obtaining $1,500 for a client that was unfairly targeted by a plumbing company that flooded her condominium unit and then charged her for cleaning the unit. The firm also obtained $3,000 for a renter who was being forced out by a landlord in violation of her lease. Thank you for all you do, Jack!
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
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THE 2017 FELLOWS JUSTINIAN AWA R D CONFERRED BY THE D A L L A S B A R F O U N D AT I O N
GARDERE W YNNE SEWELL LLP AU S T I N | DA L L A S | D E N V E R | H O U S TO N | M E X I CO C I T Y | gardere.com
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March 2017
DBA Presents the 25th Annual MLK Justice Award The Dallas Bar Association’s Martin Luther King, Jr. Justice Award is presented to local leaders whose lives and practice exemplifies the principles embodied by Dr. King’s leadership. This year’s award was presented to Rev. Richie Butler, of St. Paul United Methodist. The luncheon on Monday, January 16, marked the DBA’s 25th Justice Award presentation.
Whether you practice personal injury litigation or insurancedefense, you’ll find the Texas Personal Automobile Insurance Policy, Annotated an indispensable and vital resource for your business.
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Janet K. Colaneri, of The Colaneri Firm, P.C., has practiced civil litigation exclusively since her graduation from the University of Arkansas Law School in 1984. Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law and Civil Trial Law, Ms. Colaneri is also a member of the Texas Bar Foundation and the College of the State Bar of Texas. To order, call 800-756-8993 or visit our online catalog!
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D al l as Bar A ssoci ati on l Headnotes 9
Entertainment, Arts & Sports Law
You Insured What? Sports & Entertainment Disability Insurance by Ryan K. McComber
Insurance has long played a vital role in the entertainment and sports industries. We have all heard stories about superstars from Bruce Springsteen to Taylor Swift, who have reportedly purchased insurance policies on their vocal cords and other physical assets, which could pay millions in benefits in the event that they cannot continue their lucrative careers due to a covered event. The reality is that, unlike most professions, professional entertainers and athletes’ bodies are a tremendous source of income, which has resulted in the development of specialized insurance products to protect them. Most notably, professional athletes from Arnold Palmer to Cristiano Ronaldo have reportedly purchased insurance policies through the years in an attempt to protect their high incomes against career-ending injuries. While such policies are only a small part of the insurance market, the policies, and the coverage disputes that can follow, require specialized knowledge of this type of insurance. The following is some background on these types of policies, as well as the potential coverage disputes that may arise.
activities of daily living or could no longer engage in substantially the same activities as prior to the occurrence of the covered injury. While these policies are effective in providing needed benefits to those who are severely injured, disputes regularly arise regarding the insured’s level of impairment due to a covered injury. Indeed, in the age of social media, it is not surprising for the seasoned disability attorney to find an insured claiming total disability tagged in a Facebook post participating in activities ranging from dancing competitions to American Ninja Warrior qualifiers. Additionally, while such policies provide needed coverage for the average student athlete, they do not provide the level of future benefits commensurate with a professional sports career.
Elite Athlete Coverage The forgoing limitations have led to the development of even more specialized dis-
ability insurance for elite athletes. Indeed, the NCAA has been at the forefront of this movement through the development and implementation of the NCAA’s Exceptional Student-Athlete Disability Insurance program. Through this program, elite student athletes projected to be selected in early rounds of the NFL draft can apply for disability insurance coverage that not only provides catastrophic injury coverage while in school, but for future earning protection in the event the insured is drafted in a later round in the NFL draft due to a covered injury while in school. One recent example is Ifo Ekpre-Olomu, who reportedly collected $3 million in benefits under such a disability policy after falling to the seventh round of the NFL draft after sustaining an injury while at the University of Oregon. While these policies require larger premiums, and only pay out in the event of a covered injury, they have become readily available for elite athletes who qualify for
such coverage through either the NCAA or through other insurers. While elite athlete coverage is more specialized, and would seemingly be less prone to coverage disputes, that is not always the case. Importantly, insurers in many states can and will rescind an insurance policy if it is later discovered that the insured made material misrepresentations on the application for insurance. Therefore, it is important that insureds provide complete and accurate medical and health history information in connection with their applications for such coverage, especially as it relates to any prior sports injuries. Failure to do so could result in the loss of coverage following a covered injury, resulting in the loss of millions in benefits despite having an HN otherwise covered claim. Ryan K. McComber is a partner at Figari + Davenport, LLP. He can be reached at ryan.mccomber@figdav.com.
Catastrophic Injury Coverage The most common type of insurance, and the type with which most insurance practitioners are generally familiar, is longterm disability insurance. While this insurance is available to most professionals, most policies contain exclusions from coverage for disabilities caused by inherently dangerous activities, such as the participation in sports. Moreover, these policies were traditionally only available to insureds with professional occupations, and would not be widely available to a struggling entertainer or collegiate athlete looking to insure their speculative future earning potential. These limitations led to the development of specialized policies that cover disabilities resulting from entertainment and sports activities or occupations, which can also be tailored to provide coverage for a specific sporting, music, or entertainment event. These catastrophic disability policies are now widely available for a variety of insureds, and have been utilized for years to cover potential catastrophic injuries for many high school and college athletes. However, these policies typically only provide disability benefits if the insured becomes “totally disabled” and unable to perform certain
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10-Week Course Summer 2017 | $180 March 28-June 1, 2017 All courses are a continuation of spring semester. For more information, contact Yedenia Hinojos at yhinojos@dallasbar.org or (214) 220-7447.
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LS-Corp - Dallas Bar Assn News 7.65x10.5 - breath color.indd 1
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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 s s o ciation
March 2017
Tips to Prepare New Associates for Their First Trial Know the Rules
by Brian Mitchell and Clark Donat
Your first trial as a new associate can be a daunting task. Although you are likely expected to understand all of the facts and legal issues in the case (which you may or may not have been involved with from its beginning), the reality is that you’re probably just trying to figure out where the courtroom is, in addition to everything else that is being dumped on your plate. While the main key to preparing for trial is hard work and preparation, these tips should help you to have a successful first trial experience, regardless of whether you ultimately win or lose the case.
Know the Details of Your Case Knowledge of the details gives you a valuable position on the trial team and an opportunity to show your worth. Do not assume that others on your trial team have picked up on the details in the same way you have. Read the deposition transcripts, discovery responses, pleadings, and trial exhibits. You will quickly become the go-to person who can easily pull and point to impeachment evidence at trial, assist in preparing your own witnesses, and develop nuances in trial strategy.
Be knowledgeable of the Rules of Civil Procedure, the Rules of Evidence, and the Local Rules for the County or District in which you are appearing. Also, know the judge’s specific rules if he or she has them (check the Court’s website to determine if they do, as many judges have specific guidelines/deadlines or standard orders for pretrial matters, in particular). Keep a copy of these rules with you at all times. As the newest associate, you will likely be responsible for ensuring that each filing is in compliance with the applicable rules.
Take a Seat in the Box A great way to truly understand, in real time, the way that your judge conducts his or her trials, especially voir dire, is to watch a trial in the weeks leading up to your own setting. Typically, judges are glad to see a young associate taking initiative and will often allow you to sit, observe, and take notes during voir dire from the jury box. In addition to learning how the judge handles things like voir dire, time allocations, objections, challenges, jury questionnaires, etc., it provides you with a personal introduction so that the judge remembers YOU when you appear for your own trial. You can also pick up a few good tips or
DVAP BELO LEGAL CLINIC Wednesday, April 5 ~ From 5 to 8 p.m. At the Belo Mansion
VOLUNTEERS NEEDED! Attorneys are needed (at 6:15 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 DVAP, a joint project of the Dallas Bar Association and Legal Aid of NorthWest Texas. To volunteer, contact Chris Reed-Brown, at (214) 243-2243 or reed-brownc@lanwt.org.
themes from a more seasoned lawyer while watching (or things to avoid from mistakes made by other lawyers).
Get the Evidence Admitted Know how to get your evidence admitted at trial. Many times, noncontroversial exhibits are pre-admitted with the agreement of the parties, so attempt to get an agreement from opposing counsel, if possible. When that is not available, figure out which witnesses will be necessary to authenticate each exhibit. Also, think through potential objections to the admission of each exhibit so that you are prepared to effectively argue why the exhibit should be admitted (this often happens in front of the jury, which allows you the opportunity to demonstrate your superior understanding of the law and develop credibility).
Know How to Use Courtroom Technology An item that is often overlooked until it is needed is an understanding of the audio/visual equipment in the courtroom. PowerPoints, demonstratives, and video depositions can be extremely effective, but tech-related delays and blunders will only annoy and confuse. Be sure to visit the courtroom, set up early, and ensure
that everything is functioning properly each day of the trial.
Know When to Shut Up Oftentimes, lawyers simply cannot help themselves. They continue to talk when they’ve already won. This can happen during a hearing, when you insist on having the last word when it is unnecessary (which can annoy the judge who has already made up his or her mind), or when you present superfluous evidence at trial through repetitive witnesses (which can annoy the jury).
Reference the Jury Charge While it is subject to change during trial depending on the admission of evidence or bench rulings, be sure that you develop your case around the ultimate questions the jury will be asked to answer in the charge. This includes the elements of your own claims, as well as affirmative defenses and instructions that have been asserted by each of the parties. Thus, you need to draft an adequate jury charge so that it’s ready before HN the trial starts. Brian Mitchell is a partner with Bracewell LLP and can be reached at brian.mitchell@bracewelllaw.com. Clark Donat is an associate at the firm and can be reached at clark.donat@bracewelllaw.com.
Courtroom AV Technology Bootcamps at Crowley Criminal Courts Building (133 N. Industrial Blvd.) Thursday, March 23, and Tuesday, March 28, 12:15 – 1:15 p.m. MCLE 1.00 per event, pending In partnership with the DBA Courthouse Committee and Hon. Brandon Birmingham
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SIGN UP FOR THE 2017 DBA 100 CLUB! What is the DBA 100 Club? The Dallas Bar Association 100 Club is a special membership recognition category given to firms, agencies, law schools and organizations that have 100% membership in the Dallas Bar Association. What is the cost to join the DBA 100 Club? It’s FREE! How do you join? Firms, government agencies, and law schools with two or more lawyers as well as corporate legal departments may qualify for the DBA 100 Club if all attorneys are a member of the Dallas Bar Association. To join the 2017 DBA 100 Club, please submit a list of all lawyers in your Dallas office to Kim Watson, kwatson@dallasbar.org. We will verify your list with our membership records and once approved, your firm will be added to the 2017 DBA 100 Club membership list! What are the perks? Our 2017 DBA 100 Club members will be recognized in Headnotes, the 2018 DBA Pictorial Directory and receive a Certificate of Appreciation as well as recognition at our Annual Meeting in November.
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D al l as Bar A ssoci ati on l Headnotes 11
Entertainment, Arts & Sports Law
Five Essential Steps to Protect Your Writer-Client by Sally Helppie
Studios regularly acquire advance copies of new books from major publishing houses in order to turn them into movies. Optioning a potential best seller makes sense because there is a built-in audience. More recently, with the relative ease of self-publishing, the universe of available literary properties has grown exponentially. Consequently, savvy film and TV producers have turned to self-published fiction for their new projects. For every “The Martian” that is turned into an Oscar-nominated major motion picture by Hollywood heavyweights, there are thousands of books written by hopeful authors who jump when a “producer” comes calling. Your job is to get the best deal for your client while not blowing what could be the only opportunity to see the book brought to life onscreen. 1. Who is the producer? Before diving into the legal points, do some industry research. Has your client been approached by a legitimate production company with an established track record—or an inexperienced wannabe? While it is easy to say “yes” to negotiating with Disney or Lionsgate or Millennium Films, you do not necessarily need to say “no” to the new film school grad looking to make his mark. Perhaps he is the next big thing. Take time to evaluate the proposed producer and the likelihood that a movie eventually will be produced. 2. How much is the option payment? Rule of thumb one: The longer the
option period, the larger the option payment. Rule of thumb two: Never grant a free option. Sometimes a writer will take a gamble because the optioning producer has contacts with studios or financiers. But when there is no money for a proper option, consider a Shopping Agreement (SA) instead. A SA grants the producer a limited right to “shop” the book to others who do have the ability to make the movie. Limit the SA to specific companies (i.e., do not let the producer run all over town with your client’s book since there is only one chance to make a first impression) and a tight time period. Retain reasonable control over any final deal. This can be done many ways, including by requiring that the writer have final approval over all material terms or allowing the producer to negotiate his own deal with the financier but conditioning any option or sale on the writer agreeing to her own separate deal.
price with limited ability to argue). Of course, if the producer suggests that the purchase price be negotiated later, do not be quick to reject it--it can be a golden opportunity for the writer who can base a valuation decision on better information at a later date and place the writer in a favorable bargaining position with respect to the producer. 4. What are the non-financial points? Try to limit the scope of the option. The first offer is likely to be for “all rights,” but evaluate your client’s interest in (and value of) retaining certain rights—such as stage rights, character rights, sequels, etc. Your client also can bargain for the right to review and provide notes on the screenplay adaptation of the book, visit the set, get invitations to screenings, etc. Of course, be sure to negotiate for a
3. What is the purchase price? You must negotiate an ultimate purchase price. Avoid solely contingent deferred payments. If the producer cannot offer a specific fee, tie the price to something readily verifiable—for example, a percentage of scale from the WGA (or other Guild), with a minimum floor. The Guilds set minimum (scale) rates based on budget ranges; if a producer enters into a Guild agreement, the producer is obliged to produce a final “Cost Report,” which is a separate verification of the ultimate budget (allowing calculation of the purchase
proper credit since that is part of the cache of Hollywood. The minimum credit should be “story by” or “based on the book by.” 5. Is “boilerplate” negotiable? There is no such thing as boilerplate language; every term must be analyzed. For example, most producers will include a provision allowing assignment of the option agreement. Insist on approval rights so the option is not assigned to random cousin Joe, which would make your initial research into the producer moot. Other key issues: dispute resolution procedures and forum, indemnification, insurance coverage, and termination rights. HN Sally Helppie is of counsel with Vincent Serafino Geary Waddell Jenevein, and an Adjunct Professor at SMU in both the Dedman School of Law and the Meadows School of the Arts. She can be reached at shelppie@vinlaw.com.
NEW LAWYERS! Learn More About the Transition to Law Practice Program All new lawyers interested in having an experienced mentor to guide them in the practice of law should contact kzack@dallasbar.org for more information. Don’t Miss Out on This Valuable Opportunity! www.dallasbar.org/transitiontolawprogram
PROFESSIONAL SEMINAR 2017 featuring Nancy G. Henderson
Incentive Trusts Revisited: Practical Considerations for Drafting and Administering Trusts with Carrot and Stick Provisions
Tuesday, May 9 · Seminar 8am to 11:30am · Registration $90 NOTE NEW LOCATION: Southern Methodist University, Mack Grand Ballroom, 3300 Dyer St., Dallas
Register at www.CFTexas.org/seminar Nancy G. Henderson is a founding partner of Henderson, Caverly, Pum & Charney LLP, with off ices in San Diego, Rancho Santa Fe and Los Angeles, California. Ms. Henderson has served for 15 years as a managing partner of the f irm and as chair of the Estate Planning Group. She is a fellow of the American College of Trust and Estate Counsel and a certif ied specialist in Estate Planning, Probate and Trust Law (California State Bar Board of Legal Specialization). SEMINAR COMMITTEE MEMBERS
PRESENTERS:
Edward A. Copley, Chair, The Blum Firm Norman A. Lofgren, Vice Chair, Gray Reed & McGraw Alan K. Davis, Meadows, Collier, Reed, Cousins, Crouch & Ungerman, LLP Kal Grant, Tolleson Wealth Management MA JOR SPONSOR:
M C M EAD OWS C OLLIE R ATTORNEYS AT LAW MEADOWS, COLLIER, REED, COUSINS, CROUCH & UNGERMAN, L.L.P.
Ken R. Holden, Holden & Parker, PC Kathy Muldoon, Carter Financial Management George Nachman, Attorney at Law James V. Roberts, Glast Philips & Murray Kenneth B. Travis, Armanino, LLP
PARTNER SPONSORS:
SUPPORTING SPONSORS:
12 H e a d n o t e s l D a l l a s B a r A s s o ciation
March 2017
A New Approach to Protective Orders in State Civil Courts by Hon. Craig Smith and Hon. Dale Tillery
Why do you need a 20-page Protective Order in your case? Are the nuclear launch codes involved? Or, are you attempting to protect the Coca-Cola formula or the Colonel’s recipe? If you litigate business disputes, products liability cases, employment contracts or any other variety of commercial litigation, it is likely that you have proposed an overly broad and burdensome protective order. Abandon the shotgun approach to drafting protective orders in exchange for a rifle scope approach. Dallas courts regularly face the challenge of balancing the litigant’s right to protect confidential information with the public’s right to open courts and transparency. In our tenures, we’ve seen how parties in civil litigation frequently seek and easily obtain protective orders that hide and effectively seal discovery material. Too often, parties in dispute willingly enter overly broad agreed protective orders, often based on different motivations. We know from experience that judges confronted with these “agreed” orders approve them without
consideration of whether the request is unnecessarily broad, or violative of Rule 76a. It is not hard to see how we have reached this position. Every day, we generate an unprecedented amount of electronic information. There’s enormous anxiety around protecting potentially sensitive client information. On the other side, lawyers seeking discovery are mainly interested in “getting their discovery” and avoiding roadblocks. In most cases, any thought about whether the information provided affects the public’s interest is nonexistent, or secondary, at best. We should not forget that transparency is a foundation upon which Texas civil jurisprudence rests. Rule 76a was created to ensure that “court records… are presumed to be open to the general public and may be sealed only upon a showing of...a specific, serious and substantial interest which clearly outweighs...(1) this presumption of openness; (2) any probable adverse effect that sealing will have upon the general public health or safety,... [and] no less restrictive means than sealing records will adequately and effectively protect the
specific interest asserted.” It is important to note, and a surprise to many trial lawyers, that “court records” may include records that have not been filed. Although Rule 76a was passed with the best of intentions, it has been weakened by overly broad protective orders that effectively minimize transparency. Open courts play a valuable role in our society. For example, during the presidential campaign, voters had access to sworn deposition testimony that shed light on Hillary’s emails as well as Donald’s Trump University issues. From faulty tire treads to defective ignition switches, details about dangerous defects have come to light only after records have been unsealed. Indeed, sexual assaults might have been prevented had entertainer Bill Cosby not been able to settle and seal his court files. In our two Dallas Civil District courts, we are working to preserve transparency as well as make the discovery process more efficient by implementing a standardized protective order. Twentyplus page proposed protective orders often resemble arbitration agreements given their gratuitous complexity. The standardized motion for protective order
is straight- forward. The purpose is to: • identify what is confidential and memorialize procedures for identifying and protecting files; • define how confidential material may be used in the litigation; • make clear that the order is meant to promote efficient document production, and that any long-term sealing is subject to a Rule 76a public hearing; • address the public’s interest in transparency as to court records affecting health and safety; and • identify permitted disclosures of any protected material. We—judges and lawyers alike—are charged with adhering to Rule 76a and be mindful of transparency when confronted with information that really should not be hidden. All of us must remain aware of the consequences of overly broad protective orders. Please visit the Dallas County website to view a copy of the standardized protective order. HN Judge Craig Smith presides over the 192nd District Court in Dallas County. Judge Dale Tillery presides over the 134th District Court in Dallas County.
Beverly Godbey Honored with the 2017 Fellows Justinian Award continued from page 1 Bar President and current Chief of the Juvenile Division of the Dallas District Attorney’s Office, describes Beverly “as an ardent supporter of Bar None and the
scholarship program. This diversity program is near and dear to Bev’s heart and you see it through her commitment.” Beverly also helped to develop the Foundation’s “Evening With” program, which supports the scholarships.
Make an Investment in Dallas Hire a Summer Intern! Lend your support in 2017 to making a better workforce in Dallas. Hiring an intern provides the training and mentoring needed to close the workforce skills gap and bridge the opportunity divide. Part-time or Full-time-4-wks or 8-wks available! www.dallasbar.org/summerlawinternprogram To sign up, contact kzack@dallasbar.org
A multi-office national law firm is seeking Attorneys for its Dallas Office. Litigation department is looking for Attorneys in the following areas: Professional Liability Defense, General Liability, Workers Compensation Defense, Construction, and Employment Liability Defense. Corporate Law, Commercial Litigation and Financial Services departments are looking for Attorneys with experience handling securities and broker dealer matters, international and domestic taxation, bankruptcy, real estate, intellectual property, international law, corporate structure, asset protection, land use, and mergers and acquisitions. Portable book of business is a plus. Also seeking 1-4 year Associates. Email resume to RESUME@QPWBLAW.com
Beverly has always found time for pro bono work and she undertakes challenging representations. She currently represents five unaccompanied minors from Central America as part of her work with the Human Rights Initiative. These siblings, ages 3 to 12, are seeking asylum in the United States as they flee gang violence and murder. Beverly undertook this representation because she believes that “children should grow up in a place where they can play and go to school without fear of losing their lives.” Another recent pro bono representation is for the Elder Financial Safety Center of Senior Source, where she represents senior adults who have been victims of scams and fraud. She has long been committed to issues involving children. All of us have seen her as she represents the lawyers of Gardere in honoring young students with the MLK Oratory award. She cheers them on and proudly assists them in explaining their winning essays. There is a budding future lawyer or community leader who will one day walk into the Belo and recall their memories of a lawyer named Beverly Godbey and their MLK Day at the Belo. The community and profession have long honored Beverly. She is listed among
our state’s top lawyers as a Best Lawyer and Super Lawyer. In 2011, The AntiDefamation League honored her with its Larry Schoenbrun Jurisprudence Award. She has also received the Pro Bono Appreciation Award and Equal Access to Justice Rainmaker Award. Beverly is especially proud of her family. She has been married for 26 years to Judge David Godbey, United States District Court for the Northern District of Texas. They are the proud parents of John and Ruth, both graduates of Duke University. John works as an electrical engineer and Ruth as a biomedical engineer. Beverly sets the standards for excellence and professionalism in all she does. She now joins the ranks of stellar lawyers who define the standards of the Fellows Justinian Award. Join us as we honor Beverly at the Fellows Justinian Luncheon on Wednesday, April 5, 2017, noon at the Belo Mansion. For tickets, contact Elizabeth Philipp at (214) 220-7487. HN Kim J. Askew is a partner at K&L Gates, LLP. She is the recipient of the DBA’s Martin Luther King Justice Award and the Morris Harrell Professionalism Award. She can be reached at kim. askew@klgates.com.
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D al l as Bar A ssoci ati on l Headnotes 13
Entertainment, Arts & Sports Law
The Use of Celebrity Likenesses in Social Media & Marketing by Marc Fuller
Say your favorite pro athlete was just named league MVP. Reading the sportspage column celebrating this achievement, you are inspired to offer your own congratulations. So you take to Twitter. Can the athlete take you to court? Whether you end up in court—and, more importantly, whether you can get out of court unscathed—will depend largely on whether your tweet is considered to be a commercial endorsement. When does protected commentary on public figures cross the line into actionable commercial endorsement? It depends on who you are and what you say. Like a sports columnist, you as an individual have a well-recognized First Amendment right to comment on the actions of famous athletes and celebrities. But if you are a company, the answer is less clear. This area of the law is struggling to keep pace with advertisers’ rapidly-increasing use of social media and content marketing to capture the brandbuilding benefits of celebrity association. Just ask New York-based drugstore chain, Duane Reade. In 2014, it tweeted a photo of the actress, Katherine Heigl, carrying a shopping bag from one of its stores. The tweet included the caption: “Love a quick #DuaneReade run? Even @ KatieHeigl can’t resist shopping #NYC’s favorite drugstore.” Heigl sued for $6 million, and the case settled for an undisclosed amount. The cause of action at issue is a creature of state law, usually called the “right of publicity” or “misappropriation.” Like most states, Texas recognizes a common law claim for unauthorized appropriation
of a person’s name or likeness, and the Texas Property Code provides a separate cause of action for the unauthorized use of some deceased individuals’ names, voices, signatures, photographs, or likenesses. But courts also have long held that the First Amendment protects the use of a person’s name, likeness, or life story in expressive works. Last year, the U.S. Court of Appeals for the Ninth Circuit rejected the misappropriation claim of an Iraq war veteran who alleged that the main character in the Oscar-winning film, The Hurt Locker, was based on him. The court held that the movie was “not speech proposing a commercial transaction,” and thus its use of the plaintiff’s personal story was constitutionally protected. As the medium becomes more commercial, though, First Amendment protection becomes less certain. In Benavidez v. Anheuser Busch, the Fifth Circuit dismissed the misappropriation claim of a veteran whose heroism had been recounted in a 13-minute documentary produced by the beverage maker. The court recognized that the documentary— as well as its airing at company events— might give Anheuser Busch increased goodwill in the Hispanic community, but ultimately held that this “incidental benefit” was insufficient to support a claim for misappropriation in the absence of an offer to sell a specific product. Yet even steering clear of specific product pitches may not be enough to avoid misappropriation claims by famous athletes and celebrities. In 2014, the Seventh Circuit reversed the dismissal of basketball star Michael Jordan’s misappropriation claim against Jewel-Osco, a Chicago-area chain of food stores.
Jewel–Osco had placed an ad in a special issue of Sports Illustrated, published to commemorate Jordan’s election to the Hall of Fame. The ad featured a congratulatory message, which incorporated Jewel-Osco’s “just around the corner” tagline, directly above a photo of a pair of high tops emblazoned with Jordan’s iconic #23. The Seventh Circuit held that the ad was commercial speech even though no specific product was being offered because the ad burnished the Jewel-Osco brand and enhanced consumer goodwill. The case eventually settled for an undisclosed amount after Jordan won a $9 million jury verdict against another grocery store chain that had published a similar ad accompanied by a coupon for steaks. Unfortunately, the legal landscape is not likely to become any clearer anytime soon. Last year, the U.S. Supreme Court denied certiorari in Davis v. Electronic
Arts, a closely-watched misappropriation case involving the use of players’ images in the Madden NFL videogame. That case would have given the Court an opportunity to set standards for distinguishing between noncommercial and commercial works that feature a celebrity’s name or likeness. Without this needed clarity, advertisers’ use of celebrity names and likenesses in social media and content marketing will remain a minefield. Tributes, commentary, and observations that mention or allude to celebrities or other notable public figures should be vetted carefully to determine the likelihood that the message could be considered a commercial endorsement. Sometimes, even minor HN tweaks can save your tweet. Marc Fuller is counsel at Vinson & Elkins LLP, where he practices in the areas of media, privacy, and commercial speech. He can be reached at mfuller@velaw.com.
Consumer Issues that Plague our Low-Income Clients… Car Repairs, Roof Repairs, and Credit Card Debts Speaker: Claudia M. Cano, Legal Aid of NorthWest Texas Thursday, March 23, Noon at Belo | MCLE 1.00 Sponsored by the Dallas Volunteer Attorney Program
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14 H e a d n o t e s l D a l l a s B a r A s s o ciation
Column
March 2017
Ethics
Fee Splitting With Co-Counsel: Watch Out! by Prof. Fred C. Moss
A prospective client is reviewing your contingent fee retainer agreement. It contains a provision allowing you to associate counsel from another firm to assist your representation of the client. The provision states that associated counsel will split your fee which will not be increased. With no further explanation, the client signs the agreement. Thereafter, you contact lawyer Smith at another firm and invite her to “joint venture” with you on the case. You have worked successfully with Smith many times on like matters, and know she is exceptionally competent and professional. The next day, you email your client to inform her that Smith has joined her legal team. Your client emails back, “Great news!” You are a happy camper. But, should you be? Should Smith? Maybe not. Before the Texas Disciplinary Rules of Professional Conduct were amended
in 2005, mainly to eliminate lawyers who were purely referral fee-earning client brokers, your arrangement with Smith was perfectly proper. Today that is not true, yet many lawyers have not changed their practice when associating counsel from another firm. Lawyers seem unaware that amended Ethics Rule 1.04(f) has placed many new requirements on what must be done before a lawyer can ethically share fees with a lawyer from a different firm. Rule 1.04(f) allows lawyers to share fees only in two situations: when each lawyer’s fee is in proportion to the legal services each actually performs, or when the referring lawyer sharing the fee with the lawyer who actually handles the matter has assumed joint responsibility for the representation. No longer can a lawyer send a client to another firm, do nothing else, and split the fee. To share the fee, the referring lawyer must either share the legal work or agree to be responsible for the legal work done by the other lawyer.
Save The Date! Dallas Minority Attorney Program CLE April 7, 2017 | 8:30 a.m.-5:00 p.m. at Belo | Free MCLE 7.00, pending Space is limited. RSVP to email kwatson@dallasbar.org as soon as possible to secure your spot.
As for what constitutes a “proportion of legal services,” rule comment 12 requires a lawyer to perform “substantial legal services” beyond acquiring the client. Comment 13 states that having “joint responsibility” entails assuming “ethical and perhaps financial responsibility for the representation.” Taking ethical responsibility, which is not an optional responsibility, “requires that the referring or associating lawyer make reasonable efforts to assure [the] adequacy of representation and . . . client communication.” These requirements pose no problems for you and Smith. You both are going to work on the case. The problem is that you failed to meet the requirements of Rule 1.04(f)(2): Before the other lawyer is associated on the matter or the client is referred to the other lawyer, 1. The client must be informed of a. The identity of the lawyers or firms who will participate in the fee-sharing arrangement; b. Whether the division of the fee will be based upon the amount of legal work done, or by an agreement to assume joint responsibility for the representation; and c. The share each participating lawyer or firm will receive, or the basis on which the division will be made, such as their respective hourly rate; and 2. The client must consent to these terms in writing. But, you argue, when the client signed your retainer you did not know if you were going to associate co-counsel,
or if you intended to do so, you did not know who that lawyer would be. Sorry. The rule requires that you change your practice. Now, after you identify the lawyer or firm with whom you will associate or to whom you will send the client, you must inform the client of the identity of the other lawyer and the terms of the feesharing arrangement BEFORE you finalize the co-counsel or referral agreement. And, you must have the client’s written consent before can you enter into the fee-sharing agreement. Your client’s email consent to associating Smith was not sufficient because the client was not informed of the terms of the fee-sharing agreement. See Campbell Harrison & Dagley, LLP v. Blue, 843 F.Supp.2d 763 (N.D. Tex. 2011). The consequences of failing to meet the requirements of the rule are harsh. Rule 1.04(g) limits both attorneys to quantum meruit and reasonable expenses. Thus, not only is your co-counsel agreement with Smith void if Smith was to get a percentage of your contingent fee, your contingent fee agreement with your client is unenforceable. Moral of the story: you can no longer rely on your retainer agreement alone to authorize you to associate co-counsel or refer the client to other counsel and HN split the fee. Fred Moss is Professor Emeritus at the S.M.U. Dedman School of Law and is a member of the State Bar’s Committee on the Rules of Ethics. This article expresses his views alone and do not represent the views of the Committee.
Last chance for a new directory photo! The final photo session available to have your photo updated for the 2017 DBA Directory is: Friday, March 10: 11 a.m. to 1:30 p.m. at the North Dallas Clinic (5420 LBJ Frwy, Ste. 240)
It’s FREE and only takes 5 minutes! No reservation necessary. If you have questions please contact Judi Smalling at jsmalling@dallasbar.org.
Habitat House $80,000
$60,000 $40,000 $30,000 $20,000 $10,000 $5,000
Need an experienced legal malpractice lawyer? Law Offices of
James E. Pennington, PC Assisting clients with claims against lawyers 900 Jackson Street • Dallas, TX • 214-741-3022 jep@jeplawyer.com • www.jeplawyer.com
Support the DBA Home Project Help us reach our goal of $80,000 to build our 26th house for Habitat for Humanity. For more information, log on to www.facebook.com/DBAHomeProject or contact Co-Chairs David Fisk (dfisk@krcl.com) or Mike Bielby (mbielby@velaw.com). Make checks payable to Dallas Area Habitat for Humanity and mail donations: c/o Yedenia Hinojos Dallas Bar Association 2101 Ross Avenue Dallas, TX 75201
Wondering What’s for Lunch? Join the Belo Mansion mailing list to receive the daily lunch menu.
M arc h 2 0 1 7
Focus
D al l as Bar A ssoci ati on l Headnotes 15
Entertainment, Arts & Sports Law
‘Tis a Pity about Bowie and Prince by Andrea Perez
David Bowie and Prince were two of the most recognizable musicians who fell victim to the curse of 2016. Their respective estate plans (or lack thereof) are examples of polar opposites in estate administration and probate. It is typical for musicians to collect art and memorabilia throughout their career, spending considerable resources and time developing a collection according to their personal tastes. This article discusses the atypical situations faced by the families of these legends as a means of highlighting the importance of careful planning, even for those of us who may never be a Starman or drive a little red Corvette. Bowie was the poster child for mindful and responsible estate planning. His estate is valued to be worth more than $100 million, and a portion of his art collection recently sold at Sotheby’s last November for approximately $41 million. He and his attorneys created and funded a series of trusts that accounted for his estate-tax liability, art collection, memorabilia, and music royalties. Careful attention had to be given to the artwork chosen for auction due
to tax implications and the wishes of his heirs on which works would remain in the family. Although Sotheby’s auction included over 350 works owned by Bowie, this is said to only comprise 65 percent of his total collection. In November of 2016, I was fortunate enough to meet with an estate and trust attorney at Sotheby’s who assisted with Bowie’s auction. It became clear after our conversation that Bowie’s specific estate plan and his proficient estate administrators enabled Sotheby’s to quickly organize and conduct a successful art auction within less than a year after his death. David Bowie also devised a strategy to acquire all his rights to his music, and to easily transition that ownership to his heirs to further simplify his estate administration. In the ‘90s, Bowie struck a deal with Prudential Insurance Company of America to create “Bowie Bonds.” In exchange for $55 million from Prudential and other investors, Bowie temporarily assigned his rights to future royalty payments for 10 years at an interest rate of 7.9 percent. The royalties Bowie earned on his music portfolio easily covered the interest during the 10-year period, and the Bowie
Bonds provided him with enough cash to buy out any rights owned by his former managers, ultimately assisting with the transfer of his music royalties to his heirs. Unfortunately, Prince’s heirs will not have the same success as Bowie’s in the transition of his estate. Prince passed away without a will, and the battle over his assets will inevitably be protracted. He did not take steps to protect his property from estate tax, and it is still unknown who his heirs actually are. Prince’s estate is presumed to be worth over $300 million, comprised of uncatalogued memorabilia, artwork, and unreleased recordings. Due to this haphazard collection, and lack of forethought, his estate will probably be subject to the 40 percent federal estate tax and an additional 16 percent estate tax for Minnesota. The expected result of Prince’s property disposition will be public fire sale auction, the proceeds of which will be used to pay off tax liabilities and debts. It is unknown if his heirs will have a say at all in what is or is not sold, or how they will determine equitable distribution of his property—will all the guitars, costumes, and gold records be split and
valued equally? The IRS will also do its best to calculate the value of the future royalties of his music catalogue, his name, and likeness. Moreover, the IRS will likely propose a valuation that will ultimately cost his heirs millions in litigation to contest. Had Prince looked to Ziggy for lessons in estate planning, his legacy might have been spared from all this loss and headache. If you are interested in learning more about art-related legal issues similar to this article, I have great news! The Sports and Entertainment Law Section recently expanded to become the Entertainment, Art, and Sports Law Section (EASLS). In addition to entertainment and sports law programming this Section has previously offered, EASLS will include more topics related to art law, and organize social events focused on art and culture. And keep your schedules open for our Art Law Bootcamp tentatively scheduled for the Spring this year. If you would like to join EASLS or become more involved, please reach out to Brent Turman, Chair of EASLS, at HN bturman@vinlaw.com. Andrea Perez is an associate at Kessler Collins, P.C. She can be reached at aperez@kesslercollins.com.
Preserving Attorney-Client Privilege by Michelle Brookshire and Anima Jamal
Being an in-house employment lawyer is a lot like being a contestant on Jeopardy—you never know what the topics of the day will be. As corporate counsel, we are often asked to provide advice on a wide range of topics, including business as well as legal issues. In order to encourage full and frank conversations, we rely frequently on the attorney-client privilege. However, not every communication will be protected by the privilege. Communications made for business rather than legal purposes are not protected by the privilege. So it is vital that your clients not assume that communications are privileged simply because they were made to or from someone in the legal department, or because an attorney was present when they were made. You and your client need to be aware of the rules and take affirmative steps to preserve the privilege.
Who Does the In-House Lawyer Represent? In Texas, the privilege is governed by Rule of Evidence 503. The Rule provides that “[a] client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client.” The privilege requires: 1. A communication; 2. Between counsel and client; 3. Made in confidence; and
4. For the purpose of rendering legal advice. ABA Model Rule 1.13(a) provides that a lawyer employed by an organization represents the organization “acting through its duly authorized constituents.” Some communications between a company’s employee and the company’s counsel may not be privileged. In order to determine whether the privilege applies, the starting point is Upjohn Co. v. United States. In Upjohn, the Supreme Court determined that privilege applied not only to communication between legal counsel and high-ranking employees who serve as decision-makers for the company, but may also apply to mid-low level employees. The court emphasized that confidential communication with the company’s employee, regardless of his or her rank or decision-making authority, or lack thereof, is privileged if the communication is based on a topic within the employee’s scope of job duties and the employee understands that the communication is for the company’s benefit and in order for the company to obtain legal advice. In light of Upjohn, prior to engaging in privileged communication with employees, it is imperative for counsel to make clear to such employees the purpose of the communication and to underscore that only the company may waive the privilege. Likewise, corporate counsel should clarify to the individual employees that counsel represents the company only, rather than the employees. This is especially important in the case of communications with senior company officials who may mistakenly assume the inhouse counsel represents the official in a personal capacity.
NEED TO REFER A CASE? The DBA Lawyer Referral Service Can Help. Log on to www.dallasbar.org/dallas-lawyer-referral-service or call (214) 220-7499.
How do You Preserve the Privilege?
In order to protect the privilege, inhouse counsel should take affirmative steps, including: (1) Create a Record If you receive an email from a client and it is not clear, it is a good idea to send a confirming email that the purpose of the original email was to seek legal advice. Another way to create a record is to simply say in your response: “My legal analysis of this is . . . .” (2) Separate Business Communications from Legal Communications Prevent inadvertent disclosure of privileged information by separating discoverable communications from privileged communications. For example, you should send separate emails – one for legal advice and one for business advice, even if to the same client and on a related subject. (3) Clearly Label Communications as Privileged Privileged communication should be clearly marked “Privileged – Attorney
Client Communication.” It is a good idea to advise your clients not to share privileged communications with other employees who do not have a “need to know,” and do not use the “forward” or “reply all” options unless it is an intentional decision. It also good practice to add “Do Not Forward” to communications containing legal advice. (4) Use Caution When Communicating with Former Employees Whether communications between a former employee and in-house counsel is privileged varies by jurisdiction. However, the best practice is to limit communications with the former employee to the scope of his or her duties during the time of employment with the company and avoid sharing work-product or plan of actions. By being aware of the limitations and taking some practical steps to distinguish between business advice and legal advice, you can protect the privilege and win the daily in-house Jeopardy challenge. HN Michelle Brookshire and Anima Jamal are attorneys at LSG Sky Chefs. They can be reached at michelle.brookshire@lsg-group. com and anima.jamal@lsg-group.com, respectively.
Probate Mini-Seminar
Tuesday, April 18, 11:30 a.m.-1:30 p.m. at Belo Evidentiary Issues in Probate and Property Issues in Probate Speakers: Brandy Baxter-Thompson, Mary Burdette, Mark Caldwell, Hon. Craig Penfold, Hon. Brenda Hull Thompson, and Scott Weber MCLE 2.00, Ethics 1.00 To register, or for more information, contact reed-brownc@lanwt.org. Sponsored by DVAP, DBA Probate, Trusts & Estates Law Section, Dallas County Probate Court
16 H e a d n o t e s l D a l l a s B a r A s s o ciation
March 2017
The DBA Launches New Ambassadors Program
Staff Report
1. Over 400 FREE CLE courses offered each year! Our 29 substantive law Sections present cutting edge CLE programs. Members meet monthly at Belo during lunch or in the evening. 2. DBA Headnotes monthly publication is full of substantive legal articles and weekly Dallas Bar Online enewsletter lists upcoming CLE programs and events. 3. Lawyer Referral Service panel is a great way to get connected with citizens who need legal help. 4. Get involved with various DBA Mentoring Programs that pair new lawyers with seasoned attorneys.
5. Post job openings, search resumes and jobs through our online DBA Career Center. Sign up on DBA website. 6. If you are accepting credit cards, trust your transactions to LawPay. DBA members can save up to 25% off credit card processing fees. For more information, call (866) 376-0950 or visit www.affiniscape.com/dallasbar. 7. You will be included in the DBA Pictorial Directory available in print and online to all DBA members. 8. Take advantage of ABA Publication Discounts as a DBA member. For a list of titles or to place an order, visit www.abanet.org/abastore.
Of the approximately 15,000 lawyers in Dallas County, more than 11,000 belong to the Dallas Bar Association—a higher saturation than almost any other metro bar association in America. Membership is the life blood of the organization. Because of this strong membership level, the DBA can support 30 sections covering virtually all practice areas and 34 committees providing numerous ways for lawyers to follow their passions in serving our profession and community. In 2016, the DBA held more than 400 CLE programs—almost all of them free to members. We are the second largest provider of CLE in Texas, trailing only the State Bar. In short, we are doing great! But demographics present a serious challenge to future membership levels. A third of our membership is over the age of 60, with another third under the age of 36. Older lawyers eventually retire and with the significant drop in law school enrollment, fewer new lawyers will replace them.
To be proactive, DBA President Rob Crain is creating a new Ambassadors program. He asked Krisi Kastl, DBA Board Director, and Robert Tobey, DBA Second Vice President, to lead this effort. The Ambassadors will be composed of more than 50 lawyers chosen for their diverse backgrounds based on race, gender, age, firm size, and practice area. We are launching this program in partnership with the Dallas Asian American Bar Association, the Dallas Association of Young Lawyers, the Dallas Hispanic Bar Association, the Dallas LGBT Bar Association, the Dallas Women Lawyers Association, and the J.L. Turner Legal Association. Each bar will have a designated representative. The Ambassadors will be divided into teams to help show non-members the benefits of both DBA and sister bar membership. If you are interested in learning more about this new program or are interested in participating, please contact DBA Membership Director Kim Watson at kwatson@dallasbar.org. HN
Judicial Investitures at Belo
9. The Dallas Volunteer Attorney Program offers lawyers
Pro Bono Opportunities to assist low-income residents through clinics, and provides free CLE training seminars. 10. DBA Committee Membership is a great way to perform community service and/or participate in the legal community. 11. Participate in social activities for great Networking Opportunities with lawyers from all areas of practice.
12. Discounts on Texas Rangers and Dallas Mavericks tickets available to all DBA members. 13. DBA members receive Clothing Discounts on Brooks Brothers and JoS. A. Bank clothing. For discount codes, send request to membership@dallasbar.org. 14. Members receive Hotel Discounts at many La Quinta Inns & Suites. Visit DBA website for more details. 15. Discounted Health Club Memberships are available at TELOS Fitness Center and The Texas Club. 16. DBA Members may rent the Belo Mansion for an event or special occasion or bring a guest to the daily buffet lunch. Questions? Contact Kim Watson, Membership Director, (214) 220-7414 or kwatson@dallasbar.org The DBA hosted the Judicial Investitures of Judge Nancy Kennedy, of Criminal District Court Number 2 (top right, shown with DBA President Rob Crain); Judge Maricela Moore, of the 162nd Court (bottom left) being sworn in by Judge Lorraine Raggio; and Judge Hector Garza, of the 195th District Court, being sworn in by Judge Ernest White.
M arc h 2 0 1 7
Focus
D al l as Bar A ssoci ati on l Headnotes 17
Entertainment, Arts & Sports Law
MFN: BFF? by Eric Zukoski
Teach Your Children
The Texas Music Project (www.texasmusicproject.org), a 501(c)(3) recognized by the Texas state legislature for its support of music education in Texas schools, and for which this writer’s law firm served as general and intellectual property counsel, produced a series of compilation CDs featuring Texas artists. The first of these, Don’t Mess With Texas Music Volume I, became the best-selling compilation of Texas music in history, raising nearly $500,000 for music education in historically disadvantaged schools. The key to the album’s success was the participation of legendary Texas artists—artists with the kind of stature that they go by only one name—Waylon, Willie, Stevie, Beyoncé, ZZ (okay, “ZZ” might be two names, I am not really sure). Yet as a start-up charity, let alone a novice at the record business, landing artists of this stature should have been an insurmountable task. However, aside from Texas having more Grammy winners than any other state, the one factor that was more instrumental to getting the CD produced than anything else—so much so that it probably deserved its own album credit—was the MFN or “most favored nation” provision.
Wide Open Spaces
Producing a compilation CD requires (1) a master use license from each of the controlling record labels, (2) mechanical licenses from each of the publishers that control the underlying compositions, and (3) AFM and SAG-AFTRA re-use waiv-
ers. Like most entertainment deals, music license negotiations start with a deal memorandum containing proposed deal terms in bullet point form. However, the Texas Music Project was asking for gratis licenses—so where the bullet points would usually convey what the record label or music publisher was getting in return for their participation, we had only big blank spaces. This is where the MFN came in.
Just the Two of Us
Most Favored Nation treaties became widespread beginning in the 18th century, such as in the Jay Treaty of 1794 between the U.S. and Britain, and required in their most basic form that if a country granted trade terms more favorable to another country, it would grant the same terms to the country with which it had a most favored nation treaty agreement. Although MFN provisions have made their way sporadically into some intellectual property agreements such as music licenses, they are rather rare. However, their primary benefits—overcoming a lack of negotiating strength, serving as a remedy for incomplete information, and providing a selfpolicing contractual deterrent where enforcement is difficult or expensive— suggest that they may be helpful in other industries and applications.
substantial sales. Once the Texas Music Project secured Willie’s participation, however (thanks to Willie’s charitable nature and a winning poker hand), it became possible to secure other “one name” artists—so long as they were promised the most favorable rate and terms given to anyone else on the album. Thus, the MFN provision effectively leveled the bargaining power and also served as a substitute for the normal licensor’s due diligence that would otherwise go into this type of agreement. And since the licenses were gratis and the labels and publishers therefore did not want to spend substantial time and resources on enforcement, a promise that each and every one of the 100 or so licenses for the album would be on an MFN-ratesand-terms basis was a sufficient deterrent
that typical license enforcement was not necessary.
Blue Skies
No specific wording is required, and the most favored nation promise can apply to the rate, the terms, particular terms, or a combination. An MFN provision that establishes prices directly charged to consumers should be reviewed for anti-trust considerations, but other than this scenario the industries, applications, and agreements where an MFN provision might prove beneficial for all parties is limited only by the imagination HN of the players involved.
Eric Zukoski as a partner at Quilling, Selander, Lownds, Winslett & Moser, P.C. and is currently on the Entertainment, Art, and Sports Law Council. He can being reached at ezukoski@qslwm.com
A Matter of Trust
As a start-up charity, the Texas Music Project lacked the negotiating strength, the track record, and the funds to secure artists of the stature necessary to achieve
Wednesday, April 5, 2017 Reception at 11:30 a.m. Luncheon at Noon The Pavilion at the Belo Mansion 2101 Ross Avenue
honoring
Beverly Godbey Partner, Gardere Wynne Sewell LLP Life Fellow, Dallas Bar Foundation
Tickets: $65 For reservations: 214-220-7487
>> furtherance of justice >> law-related education >> >> legal services for the poor >> scholarships >>
The Dallas Bar Foundation Twenty-Sixth Annual Fellows Luncheon
CLIENT: C Foundatio JOB#: CF 2016 Bran
TRIM: 5"w LIVE: 5"w BLEED: n COLOR: C
PUB: Hea CONTAC Jessica D. Headnote Communi (214) 220jsmith@da
RELEASE INSERTIO
Jesus Ibarra, 2016 recipient of the Simon Greenstone Panatier Bartlett Scholarship at Communities Foundation of Texas
LE A RNIN G to HE A L The law firm Simon Greenstone Panatier Bartlett was established to provide a voice for those in need, says founding shareholder David Greenstone. “We have spent our careers fighting on behalf of cancer victims and their families, and we know how devastating a cancer diagnosis can be,” he says. To expand the number of people they help, the partners established a scholarship fund at Communities Foundation of Texas, which awards multiple scholarships to Dallas County
Deep in the heart of giving™
students whose families have been impacted by cancer. Working with CFT at every stage of the process, the firm is awarding $50,000 in scholarships a year. “We’re so pleased to have CFT as our partners as we make a real difference in the lives of so many deserving kids,” Greenstone says.
CFOT-16-008 Headnotes_Greenstone_02mg.indd 1
Create your fund today. Call us at 214-750-4145, email giving@cftexas.org or visit www.CFTexas.org/GivingFund
2/7/17 3:08 PM
18 H e a d n o t e s l D a l l a s B a r A s s o ciation
In the News
March 2017
March
FROM THE DAIS
Susan Adams, of Locke Lord LLP has been promoted to partner. Jerry Clements, of the firm has been re-elected Chair of the firm. Paul Nason has been elected to the firm’s Executive Committee and Tom Yoxall has been elected Vice-Chair. Ray LaDriere now serves as the firm’s General Counsel.
shareholder. Steven Kennedy, of the firm became certified by the Texas Board of Legal Specialization in Construction Law.
Rhonda Hunter has been appointed Chief of the Juvenile Division of the Dallas County District Attorney’s Office.
Bruce Howell, of Schwabe, Williamson & Wyatt, P.C., has been promoted to Healthcare Industry Group Leader for the firm.
Harriet Miers, of Locke Lord LLP, has been chosen for induction into the prestigious Texas Legal Legends by the State Bar of Texas.
Linda Stahl, of Carter Scholer Arnett & Mockler PLLC, has been elected partner.
Hilda C. Galvan, of Haynes and Boone, LLP, has been named the Chair of the Board of the Dallas Regional Chamber for 2017. Sakina Rasheed Foster, of the firm has been promoted to partner.
Brian L. Webb, of The Webb Family Law Firm, participated in the mock trial presentation at the 2017 TAFLS Trial Institute in Charleston, South Carolina.
KUDOS
Charles “Chuck” Aris, of Byrne, Cardenas & Aris LLP, was promoted to the rank of brigadier general of the 36th Infantry Division, Texas Army National Guard. Julie Quaid, of Quaid Farish, LLC., has been appointed to Chair of the State Bar of Texas Collaborative Law Section and Course Director for the 2017 State Bar of Texas 10th Annual Collaborative Law Course. Christopher Farish has been named President-Elect of the International Academy of Collaborative Professionals. Aaron Rigby with Sidley Austin LLP has been promoted to partner. H. Ron White, of White & Wiggins, L.L.P., has been named a Texas Legal Legend at UNT Dallas College of Law by the Litigation Section of the State Bar of Texas. Jason Franklin, of The Franklin Law Firm, LLP, has been elected President of the Dallas Trial Lawyers Association.
Stacy Hoffman Bruce, of Cobb Martinez Woodward PLLC, has been promoted to an equity partner. Paul Conneely, Matthew DeArman, Jarrett Reed, and Greg Wilkes, of Norton Rose Fulbright have been promoted to partner. Kelly Chen and Jacob “Jake” LaCombe, of Munck Wilson Mandala, have been promoted to partner. Michael Jewesson and Karen Wade, of Alston & Bird LLP, have been named as partners. Tyson Wanjura, of Holland & Knight, has been elected to partner. Alana Ackels, Sonja McGill, and Jason Steed, of Bell Nunnally & Martin LLP have been promoted to partner. J. Hunter Johnson, of Constangy, Brooks, Smith & Prophete, LLP, has been promoted to equity partner. Neill Fuquay, of McGuire, Craddock & Strother, P.C., has been promoted to
Paul Downey, Rob Gifford, John Kane, and Ken Riney, of Kane Russell Coleman & Logan PC, have been promoted to Director.
Patrick Souter, of Gray Reed & McGraw will serve as president of the Texas Health Lawyers Association in 2017. J. Paulo Flores, Jeffrey Ford, and Timothy Matheny, of Peckar & Abramson, P.C., received the Texas Board Certification from the Texas Board of Legal Specialization for Construction Law. Srini Chakravarthi, Ph.D, of Slater Matsil, LLP, has been promoted to partner.
Award presented by the Dallas Women’s Foundation. Lynn Pinker Cox & Hurst, LLP, made a generous donation to the SMU Dedman School of Law’s prestigious moot court competition, which will be renamed the Lynn Pinker Cox & Hurst Moot Court Competition. Maria Thomas-Jones has been appointed CEO of Legal Aid of NorthWest Texas.
ON THE MOVE
Danielle Evans has joined the Strasburger & Price LLP Frisco office as Associate. Brent Huddleston has opened Huddleston Law Group PLLC, located at 10440 N. Central Expressway, Suite 970, Dallas, Texas 75231. Amelia Cardenas has joined the firm.
Jamie Katzen, of Coats Rose, P.C., has been promoted to director.
David G. Allen, with Stacy & Conder, LLP, has been promoted to named partner resulting in a firm name change to Stacy | Conder | Allen LLP.
Victoria Yarkho, of Hiersche, Hayward, Drakeley & Urbach, P.C., has received Board Certification in Commercial Real Estate Law by the Texas Board of Legal Specialization.
Chrysandra Bowen and Eric Navarrette with O’Neil Wysocki, PC have moved to the firm’s new branch office in Denton, located at 100 W. Oak St, Suite 301, Denton, Texas 76201.
Tami LaGrone, of Cutler-Smith, P.C., has been promoted to shareholder. Sewall “Spike” Cutler, Jr., and Karen Ensley are now Board Certified in Construction Law by the Texas Board of Legal Specialization. Judge Tonya Parker, of the 116th Civil District Court, has received the 2017 Maura Women Helping Women
‘Bar None’ Auditions
Scott Breedlove has joined Carter Scholer Arnett & Mockler PLLC as Partner. News items regarding current members of the Dallas Bar Association are included in Headnotes as space permits. Please send your announcements to Judi Smalling at jsmalling@dallasbar.org
Let’s Keep it Social. Follow Us!
Tuesday, April 4 ~ 5:30 to 7 p.m. ~ Belo Mansion
Follow DBA President Rob Crain on Twitter @robcrain Follow the DallasBarAssoc on the following:
Auditions for Bar None XXXII will take place April 4 at Belo! All who audition will be cast. The Bar None show, to be held at the Greer Garson Theater June 14-17, benefits the Sarah T. Hughes Diversity Scholarships.
www.dallasbar.org
Questions? Contact Bar None’s Director, Martha Hardwick Hofmeister, at (214) 780-1400 or martha@marthasnet.com.
HELP PRESERVE BELO: BECOME A 2017 SUSTAINING MEMBER OVER 200,000 PEOPLE COME THROUGH OUR BUILDING EACH YEAR
Your 2017 dues statements have arrived and we ask that you consider renewing as a Sustaining Member ($500). 200,000+ members and guests use the building each year and your contribu�on at the Sustaining Member level will help us con�nue the essen�al upkeep needed to preserve our beau�ful building—as the premiere bar headquarters in the na�on. Thank you for your support. All Sustaining Members will be prominently recognized in Headnotes and at our Annual Mee�ng.
M arc h 2 0 1 7
Classifieds
D al l as Bar A ssoci ati on l Headnotes 19
March
Economic Damages Experts - Thomas Roney has more than twenty five years’ experience providing economic consulting services, expert reports and expert testimony in court, deposition and arbitration. His firm specializes in the calculation of economic damages in personal injury, wrongful death, employment, commercial litigation, IP, and business valuation matters. Mr. Roney and his experienced team of economic, accounting and finance experts can help you with a variety of litigation services. Thomas Roney LLC serves attorneys across Texas with offices in Dallas, Fort Worth and Houston. Contact Thomas Roney in Dallas/Fort Worth (214) 665-9458 or Houston (713) 513-7113. troney@thomasroneyllc. com. “We Count.” Economic Damages Experts – HSNO is the Forensics Firm. The Dallas office of HSNO has six CPA testifying experts who specialize in the calculation of economic damages in areas such as commercial lost profits, personal lost earnings, business valuations, property damage, insurance litigation, intellectual properties, commercial litigation, contract disputes, bankruptcy, and fraud. HSNO is qualified in most industries including, but not limited to; energy (offshore and onshore), manufacturing, hospitality, service, insurance, transportation, entertainment, product liability and construction. HSNO has 17 U.S. offices and an office in London. Contact Peter Hagen or Karl Weisheit at (972) 980.5060 or go to HSNO.com. Mexican Law Expert - Attorney, former law professor testifying for 20 years in U.S. lawsuits involving Mexican law issues: FNC motions, Mexican claims/ defenses, personal injury, moral damages, contract law, corporations. Co-author, leading treatise in field. J.D., Harvard Law. David Lopez, (210) 222-9494. dlopez@pulmanlaw.com
OFFICE SPACE
Stop Looking!! Your next office in Downtown Dallas is available now for immediate move-in. Active law firm has very modern, newly built offices for rent in a “turn-key” executive suite arrangement (secretary station also available for a little extra) in Class A building with restaurants, Starbucks, conference center, Wi-Fi Lounge and 24/7 security. In-office amenities include receptionist, telephone, Wi-Fi access, conference rooms and a stocked kitchen (unlimited coffee, soda and snacks; lunch is sometimes provided). Get it all for one price (parking and postage extra). You will enjoy a great working environment. Call Kathleen at (214) 965-9999. Turtle Creek Blvd. - executive office space available for lease in a professional, legal environment. Large window office available (furnished or unfurnished) to share with experienced and established lawyers. Separate areas available for assistants or para-professionals. Three bench seat spaces available for daily or shortterm use, if desired. Referrals and other case arrangements are possible. Amenities include reception area, telephone, fax and copy machines, conference room, kitchen area, covered visitor parking, secured office parking (reserved parking available) and 24/7 tenant access. Location convenient to Dallas courts, downtown, and all traffic arteries. Please contact Judy at (214) 7405033 for a tour and information. Walnut Hill/Greenville/Rambler Two adjacent window offices and support staff space available in a professional legal environment with experienced attorneys. Convenient Class A hospital district building; includes phone and Internet, shared use of conference room and kitchen. Email hl@ bsdslaw.com or call (972) 233-3328. North Dallas - LBJ Freeway. Law Firm – North Dallas - For Lease: Professional office space, 12222 Merit Tower, offers conference room, receptionist, Internet
service, lobby kitchen, parking. Available 3/1/17. Email Amy at arobinson@englishpllc.com or (214) 528.4300. Uptown - Executive Office space available for lease in a professional Legal environment, in uptown. Share office space with experienced and established lawyers. Case referrals and other case arrangements are possible. Amenities include: Bi-lingual receptionist, fax and copy machines, two conference rooms, two kitchen areas, and plenty of free parking. Location is convenient to all Dallas Courts and traffic arteries. Please call Rosa (214) 696-9253 for a tour. Downtown Dallas - Arts District. Offices available for rent with law firm located in Downtown Dallas Class A, Arts District building. Amenities include conference room, law library, secretarial station, kitchen, parking garage, photocopy/scanner/postage/facsimile and related amenities. Contact Laura at (214) 922-9265. Downtown Dallas – Two window offices with included secretarial space available, in the historic KATY Building overlooking the Old Red Courthouse and Kennedy Memorial. Receptionist, notary, phone system, conference room, wifi, fax and copier provided for tenants use. No deposit or lease required. Please inquire at (214) 748-1948. Historic West End Building that was the first City Jail has offices available. 1 year lease required. Walking distance to Courts. One block from DART stop. Beautifully renovated. www.mileybrown.com. Contact Sarah or Craig: (214) 692-8800. Addison law firm has two offices and an assistant station for rent. Includes covered parking, kitchen facilities, receptionist and access to conference rooms. Please email kelly@crb-law.com for more information. Office Space Available - 1700 Pacific Avenue. Title insurance agency has 3,000 square fee +/- available for sublease. The remaining term on the lease is 4+ years. We will consider any term of one year or more. The rate is $17.00 + E and parking is included. The suite is partially furnished and has a reception area, conference room, small library, and four offices. Three high quality cubicles are available to use. Photos and a floor plan are available upon request. There is a large conference room available on a “space available” basis for the sub-tenants use, in our suite. Please contact Mike Neary (214) 855-5950 or mike@sentineltitlecompany.com if interested. Professional office suites for lease in Uptown State Thomas area. Restored Victorian home circa 1890 w/ hardwood floors throughout. Shared conference room. 2619/2608 Hibernia St 1 block from McKinney Avenue Whole Foods. Lawyers preferred. $750-$850/month. Includes phone & internet. Phone (214) 987-8240.
POSITION AVAILABLE
Deans & Lyons, LLP, a Downtown Dallas Litigation Boutique Firm, is looking to hire a Litigation Paralegal with a minimum of 5-7 years of litigation experience for fast paced, mid-sized office. Strong knowledge of Microsoft Office, including Word, Outlook, Excel and PowerPoint, Adobe Pro is essential. Experience with WestLaw, LexisNexis and Tabs3 is also beneficial. This firm’s practice focus is civil litigation, both plaintiff’s personal injury / products and defense litigation. Practice experience in these areas is a requirement. Qualified candidates will be able to multitask and support multiple cases simultaneously. Candidates should have experience with billing and time entry, drafting legal documents, preparing discovery, including e-Discovery, records requests
and review, redaction of documents, vetting experts, conducting background searches, mediation and trial preparation. Additionally, candidates must have a professional appearance and demeanor and be able to work in a confidential environment. Firm offers a competitive salary, paid health insurance, 401k, paid parking, paid vacation and bonus opportunities. Please forward resume with salary requirement and reference list to Robin Zornes at rzornes@deanslyons. com. Confidentiality guaranteed. Associate Litigation Attorney Needed Established medium sized AV-rated law firm in downtown Dallas needs an associate attorney with two to five years of defense litigation experience. This position entails working on construction defect and other multi-party, document intensive, litigation. Principal duties include interacting with clients, preparing reports, legal research, drafting and arguing legal motions including motions for summary judgment, handling discovery, attending hearings, taking depositions, and assisting in trying lawsuits. Energetic work environment offers substantial responsibility at competitive compensation plus bonus program. Other benefits include 401(k), medical and life insurance, and parking. Replies held in confidence. Reply via e-mail to personnel@tbjbs.com. AV rated law firm in Dallas is looking for an attorney with 5+ years of experience in general casualty defense litigation with an emphasis on trucking defense litigation. The candidate must possess excellent writing and legal analysis skills as well as deposition and case handling experience. Self-motivation, confidence, and a desire to work are prerequisites. We offer competitive pay and benefits as well as exceptional growth opportunities for your personal practice. Submit your resume in confidence to cm_v@icloud.com. Medical Malpractice Defense Attorney. Thiebaud Remington Thornton Bailey LLP, a law firm specializing in medical malpractice defense and healthcare law, is seeking to hire an attorney with 3-5 years’ experience. Medical malpractice defense experience preferred. Send your resume to Christine Santosuosso, Adm. Mgr., Thiebaud Remington Thornton Bailey, 4849 Greenville Ave., Suite 1150, Dallas TX 75206 or e-mail to: csantosuosso@trtblaw.com or fax to (214) 754-0999. Transactional & Regulatory Attorneys. A novel approach fuels rapid expansion. Exall & Wood is adding a select group of transactional and regulatory attorneys to its team located in Uptown Dallas. Find out what makes us unique at https://www.exallwood.com/ career-opportunities/. Palmer & Manuel, LLP, a 14 attorney firm in Campbell Centre, seeks one or two experienced attorneys with established practices to join our family law team and/or our general civil practice group. Work with us, not for us. Our formula based compensation system allows attorneys to keep a substantial portion of their fees. See our website at www. pamlaw.com or contact Steve Palmer or Rebecca Manuel at (214) 242-6444.
Solo lawyer seeking part-time executive assistant who can work 15-25 hours a month. Most of the work can be done remotely. Would like someone to come to office once or twice a month to organize files. Need someone with excellent word processing skills, PowerPoint skills, organized, and familiar with how to keep a lawyer’s files. Call (972) 447-8258 for more information. We are looking to add lawyers with emerging books of business to our team at Kilgore and Kilgore. Candidates should be Martindale-rated AV or BV. We look to complement our employment, securities litigation and intellectual property practices. Attorneys with commercial litigation and/or personal injury practices are also desired. We offer intriguing offices in a museum setting located in Uptown Dallas near the Katy Trail. Solid benefits include highly skilled marketing, administrative, and accounting support. We want people who seek an opportunity to participate in an established, 60+ yearold law firm with an excellent reputation that is intentionally small and personal. A Kilgore attorney recently stated that Kilgore is a good place to practice law because of the sincere litigators at the firm. There is a wealth of experience in our practice areas plus in-depth knowledge of the court system. Apply to tca@ kilgorelaw.com (214) 379-0810.
SERVICES
Immediate Cash Paid For Diamonds and Estate Jewelry. Buying all types of jewelry and high end watches. Consignment terms available @ 10-20 % over cash. For consultation and offers please call J. Patrick (214) 739-0089. Litigation Help – From a Lawyer. Don’t panic, help is available. I have 20-plus years of experience in civil litigation, and I am available on a contract basis to assist with discovery, research, briefing, trial preparation – you name it. Call (214) 725-0260. Licensed Spanish Court Interpreter. Trials, Hearings, Depositions. Translations: legal documents, contracts, articles of incorporation, financial and technical correspondence. 1623 Main St. Suite 210, Dallas TX 75201. Email: Agsantos3@live. ru or call: (832) 916-0283. Credentialed Forensic Genealogist & Attorney – hire an experienced attorney and credentialed forensic genealogist to ethically find next of kin and missing heirs for intestacy, probate, guardianship, property issues, and more. Reasonable hourly rate. See www.ProfessionalAncestryResearch. com. Wanda Smith, (972) 836-9091. Energy Acquisition(s): I buy any size royalty(ies), mineral(s), working interest(s) and try to reach (and pay) the sellers asking price. I am a licensed attorney and have been making oil and gas purchases for 35 +/- years. E-mail to bleitch@prodigy.net or call Kirk Leitch or Brenda Phillips at 1-800-760-9890 or 214-720-9890 for a friendly and quick analysis and response. To place an affordable classified ad here, contact Judi Smalling at (214) 220-7452 or email jsmalling@dallasbar.org.
Don’t miss your opportunity to advertise (print & online) in the #1 “Legal Resource & Expert Witness Guide” in Dallas County. Contact PJ Hines at (214) 597-5920 or pjhines@legaldirectories.com
20 H e a d n o t e s l D a l l a s B a r A s s o ciation KM_HN 2017 Jan step.pdf
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PREMARITAL
March 2017
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AGREEMENTS
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www.mcclure-lawgroup.com H IG H L A ND PARK /DALLAS
214.692.8200
COLLI N COU N TY by appointment