Dallas Bar Association
HEADNOTES
Focus Entertainment, Arts & Sports Law
March 2018 Volume 43 Number 3
2018 Dallas Bar Foundation Fellows Justinian Award Recipient Tom Leatherbury: Gentleman Lawyer With An Eye on Developing Lawyers of the Future BY T. MARK KELLY AND RENATE WAGNER
“You are only as successful…” Ask Tom Leatherbury, 2018 Fellows Justinian Award Recipient, to complete that statement, and he will respond: “as the next generation of excellent lawyers that you mentor.” At Vinson & Elkins, and nationally, Tom is known for his commitment to training and mentoring the next generation of lawyers and leaders. For the past 25 years as a V&E partner, Tom has served in instrumental leadership roles. Currently Chair of Talent Management, he guides all aspects of recruitment, retention, development, and promotion. Tom is also an active member of V&E’s Diversity & Inclusion Executive Committee and Pro Bono Committee.
Focus
At the helm of V&E’s Talent Management team, and working closely with other firm leaders, Tom immerses himself in not only the overarching strategy for developing lawyers, but also the day-to-day programs that will make our lawyers better and our profession more inclusive. “In this current landscape (legal and otherwise), many organizations talk about the need for cultivating a diverse and inclusive workforce. Tom has taken direct action to accomplish these goals, engaging in individual mentoring and assuming a leadership role in Vinson & Elkins’ diver- Tom Leatherbury sity initiatives,” wrote a colleague to the Dallas Bar Foundation. “I am always proud of giving junior lawyers opportunities and watching them knock it out of
the park,” said Tom in a recent published interview. A current protégé of Tom’s commented on the impression Tom has made upon him. “Since I joined the firm, Tom has been an amazing handson mentor. He makes a point to invite associates to events and introduces us to judges, local office-holders, and other attorneys. Working with him is a pleasure because he evaluates assignments in a way that makes you feel good about learning instead of bad about not already knowing. He also has been supportive of my efforts with Lambda Legal, helping me leverage firm resources as well as making personal contributions,” shared Kent Piacenti, V&E Senior Associate.
In his practice, Tom handles high-profile, complex litigation and serves as coleader of V&E’s Appellate Practice Group. Tom has worked on approximately 150 state and federal appeals for some of the biggest companies across a broad spectrum of industries. Tom has been recognized in a number of respected industry publications, including Chambers USA, as a leading First Amendment and Appellate lawyer, and he was one of 14 lawyers to receive Texas Lawyer’s Distinguished Leader Award in 2017. Among his peers, Tom is a highly regarded and consummate professional, setting the example of an enthusiastic, dedicated, and quick-witted lawyer who serves his clients zealously. “Tom is the embodiment of the best connotations of the term ‘gentleman lawyer’,” shared another colleague. “Tom’s principles, ethics, and advocacy have elevated my own performance of my duties to my clients, the court, and my continued on page 12
Entertainment, Arts & Sports Law
From Blue Chip to Backup: Navigating the NCAA Transfer Rules BY RYAN K. MCCOMBER
Every year, high school students across the country struggle with choosing a college to attend. Even though more than a third of students transfer to a different college before completing their degree, the ability to transfer is typically not an important factor students consider when making their decision. Yet, what happens if a blue-chip student athlete becomes dissatisfied with the amount of playing time? If an unresolvable conflict arises between a student athlete and coaches or teammates? If a student athlete simply gets homesick and decides to attend college back home? Because the NCAA’s rules on transferring present a trap for the unwary, high school student athletes should be aware that their ability to transfer in college can be extremely limited and that disputes commonly arise when college student athletes attempt to transfer.
Permission to Contact Letter
The NCAA strictly regulates the recruitment of student athletes, including those student athletes currently enrolled at another NCAA school. Indeed, the NCAA rules expressly prohibit an NCAA school from contacting a student athlete at another NCAA school
without first obtaining the express written permission of the current school’s athletics director. To comply with NCAA restrictions, a student athlete interested in transferring schools must initiate the transfer process by first requesting a “Permission to Contact” letter from the current school. The NCAA rules require that colleges maintain, publish, and make generally available to student athletes (such as through a student handbook) written policies for requesting the Permission to Contact letter. While a student athlete can write to another NCAA school and express an interest in transferring, the student cannot be contacted by a new school regarding transfer opportunities without the new school first receiving the Permission to Contact letter. Also, importantly, a Permission to Contact letter is different from a request for a release from the team or school. A student athlete must be clear with the coaching staff and athletics department if the student wishes to remain on the current school’s team (and on scholarship) while seeking permission to talk to other schools about a potential future transfer.
a Permission to Contact letter for any reason. Indeed, many schools and conferences have written and unwritten rules limiting a student athlete’s potential transfer options. For example, some schools and conferences completely prohibit transfers between schools in the same conference. Notwithstanding a school’s particular rules, certain specific NCAA guidelines must be followed. If an NCAA school receives a written request for a Permission to Contact letter but does not respond within seven business days, permission is granted by default. If the school denies the letter, it must provide the student athlete with an opportunity to appeal the decision at a hearing, which must be conducted by a committee outside the school’s athletics department, and written results must be provided to the student athlete within 15 days of receipt of a written request. A failure to timely conduct the appeal hearing or provide results to the student triggers permission being granted by default. However, if the NCAA school complies with the foregoing deadlines and requirements, its denial is final and binding after the hearing.
Timing is Everything
Transfer Process
Generally, NCAA schools can grant or deny a student athlete’s request for
Inside 8 Media Licensing Tips and Pitfalls 11 Leveraging Art Collections as Collateral 13 Morals Clauses in the Entertainment Industry
Once the student athlete gets a Permission to Contact letter, the student can
then proceed to discuss transfer opportunities with the specified new school’s athletics department. However, unless a transfer exception or waiver applies, the student athlete is generally required to complete one academic year in residence at the new school before being allowed to play, depending on the specific sport, but the student can practice with the new team and receive an athletics scholarship before completing a full academic year. If the student athlete does not get a Permission to Contact letter, the odds of a successful transfer are much lower. The student athlete may still transfer to a new school, despite the inability to talk with the new school’s athletic department; however, the athlete is not eligible for an athletics scholarship until he or she has attended the new school for one year. While many exceptions can apply, and the NCAA rules can vary by sport and by division, the complex process of transferring between NCAA schools cannot be understated. NCAA high school student athletes should keep these challenges in mind when choosing a college, as the ability to later transfer can be extremely limited if the student becomes unhappy at the first-chosen school. HN Ryan K. McComber is a Partner at Figari + Davenport, LLP. He can be reached at ryan.mccomber@figdav.com.
DBA MEMBER REMINDER: All members who have not yet renewed for 2018 will be dropped on March 12, 2018! 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 2018
Calendar March Events “Disorder in the Court: Life as a Bipolar Lawyer,” Kelly Rentzel. (Ethics 1.00)* RSVP to yhinojos@dallasbar.org.
MARCH 9-NORTH DALLAS** Noon
“Overtime Calculation Under the Fair Labor Standards Act,” Brian Farrington. (MCLE 1.00)* Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Fox Rothschild LLP. RSVP to yhinojos@dallasbar.org. Directory photographer available 11:00 a.m.-1:30 p.m.
MARCH 16-BELO Noon
“What Every Lawyer Should Know About the New Tax Act,” Joel Crouch. (MCLE 1.00)* RSVP to yhinojos@ dallasbar.org.
THURSDAY, MARCH 1
Legal Ethics Committee “Ethics Jeopardy!” Kate Morris, Hon. Eric Moyé, Hon. Tonya Parker, and Robert Tobey. (Ethics 1.00)*
Family Law Section Board Meeting
Judiciary Committee
Lawyer Referral Service Committee
St. Thomas More Society Law on Ice IV “Law on Ice IV: Internal Governance of Legal Matters in Sports,” Jim Lites, Alana Newhook, and Dave Wishnew. (Ethics 1.00)* Visit www. dallasstars.com/cle to purchase tickets. Co-sponsored by the Entertainment Committee, the Entertainment, Arts & Sports Law Section, and the Dallas Stars
FRIDAY, MARCH 2 Noon
Friday Clinic-Belo “Disorder in the Court: Life as a Bipolar Lawyer,” Kelly Rentzel. (Ethics 1.00)* RSVP to yhinojos@ dallasbar.org.
MONDAY, MARCH 5
11:30 a.m. DVAP Probate Law “Probate and Guardianship Administration-How to Avoid Common Pitfalls,” Barkley Miller, Greg Sampson, and Hon. Brenda Hull Thompson. (MCLE 2.00, Ethics 0.50)* Noon
Tax Law Section “International Tax Provisions of Tax Reform,” Joe Calianno and Ben Vesely. (MCLE 1.00)*
TUESDAY, MARCH 6 Noon
TUESDAY, MARCH 13 Noon
Home Project Committee
Legal Ethics Committee
Public Forum/Media Relations Committee
DAYL Judiciary Committee
WEDNESDAY, MARCH 14
DAYL Politically Aware Committee
5:30 p.m. Bankruptcy & Commercial Law Section Topic Not Yet Available
THURSDAY, MARCH 8
Noon Government Law Section “Forensic Science Commission and Conviction Integrity,” Cynthia Garza. (MCLE 1.00)*
Transition to Law Practice Program “Avoiding Malpractice,” Robert Tobey. (Ethics 1.00)*
CLE Committee
Criminal Justice Committee
Publications Committee
Christian Lawyers Fellowship
St. Thomas More Society
12:15 p.m. DBA/DAYL Moms in Law Lunch At Ida Claire (5001 Belt Line Rd.)
FRIDAY, MARCH 9 Noon
North Dallas Friday Clinic “Overtime Calculation Under the Fair Labor Standards Act,” Brian Farrington. (MCLE 1.00)* Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Fox Rothschild LLP. RSVP to yhinojos@dallasbar.org. Directory photographer available 11:00 a.m.-1:30 p.m. Environmental Law Symposium Topic Not Yet Available
WEDNESDAY, MARCH 7 Noon
MONDAY, MARCH 12
Employee Benefits & Executive Compensation Law Section “U.S. Tax Reform—Tax Cuts and Jobs Act Impact
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group
Noon
Alternative Dispute Resolution Section “Staying Ethical While Acting Neutral: The
Play Golf & Support Pro Bono Register Now for the 26th Annual Pro Bono Golf Classic,
benefitting the Dallas Volunteer Attorney Program.
Thursday, April 26, 2018 at Cowboys Golf Club
TREAT YOUR CLIENTS TO A GAME OF GOLF! Registration includes lunch, dinner, on-course drinks, goody bag and more. to keep things moving, we have secured exclusive use of the course and we will limit play to the first 128 golfers. The tournament is a 4-person scramble format. Check-in and practice range open at 10 a.m. and shotgun start is at 1:00 p.m. A reception and awards dinner will follow the tournament.
Register online at www.dallasbar.org. For more information on sponsorships, contact Rhonda Thornton at rthornton@dallasbar.org.
Health Law Section “Fraud, Fees and Ethical Concerns in Healthcare Cases,” Kristin Brady, Rachael Craig, Jason Friedman, and Martin Merritt. (Ethics 1.00)*
Pro Bono Activities Committee
Non-Profit Law Study Group
5:00 p.m. DVAP Belo Legal Clinic Volunteers needed. For more information, contact reed-brownc@lanwt.org. 5:15 p.m. LegalLine. Volunteers needed. Contact sbush@ dallasbar.org.
THURSDAY, MARCH 22 Noon
Criminal Law Section “Asset Recovery 101,” Melissa Childs. (MCLE 1.00)*
Environmental Law Section Topic Not Yet Available
DVAP Malpractice CLE “Common Malpractice Traps and Ways to Avoid Them,” Robert Tobey. (Ethics 1.00)*
Noon
Family Law Section “DSM-5 Diagnoses: A Lawyer’s Approach,” Dr. John Zervopoulos. (MCLE 1.00)*
Christian Legal Society
Bench Bar Conference Committee
DWLA CLE
Summer Law Intern Program Committee
1:00 p.m. DWLA Board of Directors Meeting
DAYL Freedom Run Committee
3:30 p.m. DBA Board of Directors Meeting
DAYL Lunch & Learn CLE
Dallas Asian American Bar Association
FRIDAY, MARCH 23
DVAP New Lawyers Luncheon. For more information contact reed-brownc@lanwt.org.
5:15 p.m. LegalLine. Volunteers needed. RSVP to sbush@ dallasbar.org.
THURSDAY, MARCH 15 Noon
Appellate Law Section “Improving Legal Writing on Appeal,” Chad Baruch. (MCLE 1.00)*
Minority Participation Committee
DAYL Animal Welfare Committee
6:00 p.m. J.L. Turner Legal Association
Trial Skills Section “The Ethics Of Witness Preparation: A Peek Behind the Woodshed,” Prof. Fred Moss. (Ethics 1.00)*
9:00 a.m. Directory Photographer at Belo
Immigration Law Section “Practice Management - Dos, Don’ts and MustHaves for Establishing/Running an Immigration Practice,” Noaman Azhar, Monica Lira Bravo, and Isaul Verdin. (Ethics 1.00)*
6:00 p.m. DAYL Board of Directors
Peer Assistance Committee
Solo & Small Firm Section “Common Employment Mistakes for Small Businesses,” Brandy Chambers. (MCLE 1.00)*
Corporate Counsel Section “Blockchain, Cryptocurrency, Smart Contracts and the Law,” Scott Deatherage. (Ethics 1.00)*
Morris Harrell Professionalism Committee
Real Property Law Section “Frankie says ‘RELACs’: Update on Significant Bills from the 85th Legislative Session,” Jack Miller. (MCLE 1.00)*
Tort & Insurance Practice Section “Civility-Is that Just Required for Trial Lawyers or Is it A Rule For Life?” Justice Doug Lang. (Ethics 1.00)*
on Compensation and Benefits,” James Deets and Jim Griffin. (MCLE 1.00)*
Noon
5:15
Interaction Between an Attorney’s Duty as Neutral and His/Her Ethical Obligations under Texas Disciplinary Rules,” Jeanne Huey. (Ethics 1.00)*
FRIDAY CLINICS
MARCH 2-BELO Noon
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
FRIDAY, MARCH 16 Noon
Friday Clinic-Belo “What Every Lawyer Should Know About the New Tax Act,” Joel Crouch. (MCLE 1.00)* RSVP to yhinojos@dallasbar.org.
MONDAY, MARCH 19
Noon
Intellectual Property Law Section “Recent Developments in Copyright,” Kevin Meek. (MCLE 1.00)*
Saving the Jury Trial “An Historical Perspective and a Look Ahead,” Shonn Brown, Hon. Jim Jordan, Hon. Ken Molberg. (MCLE 1.00)*
DAYL Deal Bootcamp Committee
DBA/DAYL Moms in Law Lunch At Saint Ann Restaurant & Bar (2501 N. Harwood)
MONDAY, MARCH 26 Noon
Science & Technology Law Section Topic Not Yet Available
Securities Section “Update on Trends in Post-Closing Appraisal Litigation,” Eli Burris and Wilson Chu. (MCLE 1.00)*
Golf Tournament Committee
Law in the Schools & Community Committee DAYL Membership Committee
Noon
Labor & Employment Law Section “Religion & the Workplace,” David Schlottman. (MCLE 1.00)*
Together We Lunch Join us as we engage in safe and open conversations about race relations. RSVP to jsmith@dallasbar.org. Sponsored by the Public Forum Committee, JLTLA, DAYL, DAABA, DHBA and DWLA.
Noon
Business Litigation Section Topic Not Yet Available
Probate, Trusts & Estates Law Section “Statutory Accounting of Estates and Trusts: Beneficiary Demand Through Fiduciary Compliance and Release,” Nikki Wolff. (MCLE 1.00)* DAYL Lawyers Promoting Diversity
TUESDAY, MARCH 27
DVAP Family Law CLE “Non-Parent Custody,” Jodi McShan. (MCLE 1.00)*
Senior Lawyers Committee
WEDNESDAY, MARCH 28
TUESDAY, MARCH 20
Noon
Collaborative Law Section “View from the Neutral Zone: An Examination of Client, Attorney and Team Dynamics That Affect and Disrupt the Collaborative Process,” Jennifer Leister and Kenneth Wise. (MCLE 1.00)*
Noon
Blockchain Law Study Group Topic Not Yet Available
International Law Section “The ICC’s Incoterms: Promoting Clarity in the Language of International Commercial Contracts,” Alyssa Krahmer. (MCLE 1.00)*
Entertainment, Art & Sports Law Section “Q&A on the Past, Present and Future of eSports,” Jason Lake. (MCLE 1.00)*
Community Involvement Committee
DAYL Equal Access to Justice Committee
Courthouse Committee
DBA CSF Board of Directors Meeting
Entertainment Committee
Municipal Justice Bar Association
6:00 p.m. Dallas Hispanic Bar Association
WEDNESDAY, MARCH 21 8:30 .m.
Noon
Federal Tax Workshop “New Partnership Audit Rules: In Depth.” Presented by the State Bar of Texas Tax Section/Texas Federal Tax Institute/Dallas Bar Association Tax Section. Register online at statebaroftexasections. redpodium.com/federal-tax-workshop-2018. Energy Law Section Topic Not Yet Available
THURSDAY, MARCH 29
11:30 a.m. Dallas Bar Foundation Fellows Luncheon. Recipient: Thomas Leatherbury. Tickets $65/ Tables $650. For more information contact ephilipp@dallasbar.org
DAYL CLE Committee
Christian Legal Society
FRIDAY, MARCH 30 DBA Offices closed in observance of Good Friday
If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Alicia Hernandez at (214) 220-7401 as soon as possible and no later than two business days before the seminar. All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION. *For confirmation of State Bar of Texas MCLE approval, please call Grecia Alfaro at the DBA office at (214) 220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact yhinojos@dallasbar.org.
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March 2018
President’s Column
Headnotes Published by: DALLAS BAR ASSOCIATION
Day of Civility BY MICHAEL K. HURST
Imagine a day when all lawyers in Texas are suddenly more civil—that day is soon. There is an old Italian proverb that says, “At the end of the game, the king and the pawn go in the same box.” While we can draw many analogies about equality, life and perhaps the hereafter, from this chess-inspired allegory, I like to think it also applies to the adversarial nature of being an advocate on the opposite side of a case, issue, or transaction. In other words, when you are done passionately promoting your client’s position, simply turn to your opponent and engage in respectful and collegial behavior. That is the hallmark of great leadership in the legal profession. A shining and timeless example of this practice comes from the great Jim Coleman. Jim would talk about the days when he would get a ride to the courthouse with his opposing counsel when his car would break down or perhaps just to save gas. Jim and his opposing counsel would go at it hard in the courtroom, but on the way back from their competitive battle, they would stop at a nearby watering hole and reflect on the nobility of our profession. Jim is one of the most respected lawyers of my lifetime. How could it hurt if we all practiced law that way? In Fall 2015, inspired by an idea from Pat Long, the DBA partnered with the Dallas Chapter of the American Board of Trial Advocates and the local Inns of Court and presented the first of its kind Day of Civility backed by a proclamation from all local chief Federal and State Judges. The day included a half day ethics presentation to a full Belo Pavilion. Presenters included Federal and State Judges, including a Texas Supreme Court Justice, members of the media, a panel of legendary trial lawyers and an outstanding one-person historical exhibition. Posters and flyers were displayed all over the civil and criminal courthouses welcoming the Day of Civility. The DBA presented another program last year that targeted transactional lawyers. Under the leadership of Justice Doug Lang and Suzanne Duval, and with the support of State Bar President Tom Vick, the Texas Supreme Court and Court of Criminal Appeals have signed a joint proclamation that for the 100,000+ lawyers in Texas, April 20, 2018 is Statewide Day of Civility. This is not just one day out of the year for lawyers to treat people with respect and dignity, but a stepping stone towards more universal civility. Justice Lang tells us: “The state-wide Day of Civility is about more than being civil on April 20. It is a day when we celebrate civility as a tenet of our profession. We, lawyers and members of the judiciary alike, must remind each other of the meaning and necessity of civility in the legal profession.” Courts and Bar Associations across Texas will collectively observe the Day of Civility and remind our lawyers, staff, and clients that lawyers in Texas are venerable lead-
DAY OF CIVILITY & PROFESSIONALISM
ers in our communities and treat each other with the dignity and respect that is emblematic of our profession. When I recently attended the ABA’s Metro Bar Caucus I visited with bar presidents from all over the country about this historical effort, including with my counterparts in Houston and Austin, who will oversee the Day of Civility in their respective venues. Houston Bar President, Alistair Dawson said, “The Day of Civility is a great reminder to us all that ours is indeed a noble profession. We must all do our utmost to treat others with dignity and respect all the time. We must uphold the nobility of our profession.” In Dallas, our Day of Civility efforts are being led by Tricia DeLeon and Shereen El Domeiri, along with Justice Lang, Wes Alost, Mary Scott, Pat Long, and Kate Morris. Speakers will include SBOT President Tom Vick, Texas Supreme Court Justice Eva Guzman, Honorable Royal Furgeson, Harriet Miers, Kim Askew, Chief Justice Carolyn Wright, Roy Stacy, and others, including corporate counsel. Nothing about this initiative is to suggest that lawyers should refrain from ardently representing clients to achieve your clients’ goals. Nor is this initiative about blindly embracing the viewpoints of your opposition. It is about returning phone calls and emails, not requesting sanctions with every motion and pleading, and not taking a derogatory tone with folks just because your clients are at odds with one another. Justice Lang also reminds us: “One need not agree with everyone on their views, but civility requires that one respect others sufficiently to allow them to voice their views.” Of course, our respected judiciary plays a critical role in promoting the Day of Civility and reminding lawyers appearing before them about the significance of civility on April 20—and perhaps every other day. When lawyers and clients know that lawyers are more successful and respected in the courtroom when their advocacy remains upright, then they will no longer be motivated to win through bad behavior. President John F. Kennedy once pointed out: “Civility is not a sign of weakness.” As Americans, we want to see this in our Country. As lawyers, we need to see this in our profession. Jim Coleman is just one example of an immensely successful lawyer who proves civility is not weakness. Justice Anthony Kennedy concurs when he said, “Civility is the mark of an accomplished and superb professional, but it is even more than this. It is an end in itself. Civility has deep roots in the idea of respect for the individual.” As lawyers in the Lone Star State, for each matter we handle, we come from and go back to the same box: a rich and rewarding fraternity/sorority that blossoms with opportunities called “the legal profession.” In the end, we need to take seriously our clients’ matters, but don’t forget to sometimes refrain from taking ourselves too seriously. Let’s toast together on April 20, if not before then. Michael
A Special Program Promoting Civility
Friday, April 20, 2018 at Belo Noon—4:30 p.m. | Ethics 4.50 Speakers include: Kim Askew
Roy Stacy
Dean Royal Ferguson
Tom Vick
Hon. Eva Guzman
Ashley Jones Wright
Harriet Miers
Hon. Carolyn Wright
Friday, March 23, Noon at Belo MCLE 1.00
Speakers: Sponsored By:
Affiliate Sponsors: American Inns of Court, State Bar of Texas Professionalism Committee, Texas Chapters of ABOTA
Civility is the hallmark of a professional
OFFICERS President: Michael K. Hurst President-Elect: Laura Benitez Geisler First Vice President: Robert L. Tobey Second Vice President: Aaron Z. Tobin Secretary-Treasurer: Vicki D. Blanton Immediate Past President: Rob D. Crain Directors: A. Shonn Brown (Vice Chair), Jonathan Childers, Chalon Clark, Stephanie Culpepper, Isaac Faz (President, Dallas Hispanic Bar Association), Sakina Foster, Ashlei Gradney (President, J.L. Turner Legal Association), Hon. Martin Hoffman, Krisi Kastl, Dan Kelly, Shruti Krishnan (President, Dallas Asian American Bar Association), Bill Mateja, Karen McCloud (Chair), Kate Morris, Cheryl Camin Murray, Stephanie Osteen (President, Dallas Women Lawyers Association), Hon. Irma Ramirez, Jennifer Ryback (President, Dallas Association of Young Lawyers), Mary Scott, and Victor D. Vital Advisory Directors: Charles Gearing (President-Elect, Dallas Association of Young Lawyers), Erin Nowell (President-Elect, J.L. Turner Legal Association), Javier Perez (President-Elect, Dallas Hispanic Bar Association), Sarah Rogers (PresidentElect, Dallas Women Lawyers Association), and Jason Shyung (President-Elect, Dallas Asian American Bar Association) Delegates, American Bar Association: Rhonda Hunter, Mark Sales Directors, State Bar of Texas: Jerry Alexander, David Kent, Gregory Sampson, Scott Stolley, and Brad Weber HEADNOTES Executive Director/Executive Editor: Alicia Hernandez Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Display Advertising: Tobin Morgan, Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Alexander Farr and Carl Roberts Vice-Chairs: Andy Jones and Beth Johnson Members: Timothy Ackermann, Logan Adcock, Wesley Alost, Stephen Angelette, Michael Barbee, David Black, Jason Bloom, Grant Boston, Andrew Botts, Emily Brannen, Jonathan Bridges, Amanda Brown, Angela Brown, Eric Buether, Casey Burgess, Cory Carlyle, Paul Chappell, Charles Coleman, Wyatt Colony, Shannon Conway, Natalie Cooley, Daniel Correa, G. Edel Cuadra, Jerald Davis, James Deets, James Dockery, Elisaveta (Leiza) Dolghih, Angela Downes, Sheena Duke, Charles Dunklin, Dawn Fowler, Juan Garcia, Britaney Garrett, Michael Gonzales, Andrew Gould, Jennifer Green, Kristina Haist, Susan Halpern, Bridget Hamway, Edward Harpole, Meghan Hausler, Jeremy Hawpe, Lindsay Hedrick, Marc Hubbard, Brad Jackson, Andrew Jones, Kristi Kautz, Thomas Keen, Daniel Klein, Michelle Koledi, Kevin Koronka, Susan Kravik, Jess Krochtengel, Dwayne Lewis, Margaret Lyle, Lawrence Maxwell, Jordan McCarroll, R. Sean McDonald, Kathryn (Kadie) Michaelis, Elise Mitchell, Terah Moxley, Daniel Murray, Jessica Nathan, Madhvi Patel, Keith Pillers, Kirk Pittard, Laura Anne Pohli, Luke Radney, Mark Rasmussen, Pamela Ratliff, David Ritter, F. Colby Roberts, Bryon Romine, Kathy Roux, Stacey Salters, Joshua Sandler, Matthew Sapp, Justin Sauls, Mazin Sbaiti, Mary Scott , Jared Slade, Thad Spalding, Jacob Sparks, John Stevenson, Scott Stolley, Elijah Stone, Amy Stowe, Adam Swartz, Ashley Swenson, Robert Tarleton, Paul Tipton, Michael Tristan, Tri Truong, Pryce Tucker, Adam Tunnell, Kathleen Turton, Peter Vogel, Suzanne Westerheim, Yuki Whitmire, Jason Wietjes, Sarah Wilson, Pei Yu DBA & DBF STAFF Executive Director: Alicia Hernandez Accounting Assistant: Shawna Bush Communications/Media Director: Jessica D. Smith Controller: Sherri Evans Events Director: Rhonda Thornton Executive Assistant: Liz Hayden Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewers: Marcela Mejia, Viridiana Mejia Law-Related Education & Programs Coordinator: Melissa Garcia Membership Director: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist: Grecia Alfaro Staff Assistant: Yedenia Hinojos
SAVE THE DATE!
2101 Ross Avenue Dallas, Texas 75201 Phone: (214) 220-7400 Fax: (214) 220-7465 Website: www.dallasbar.org Established 1873 The DBA’s purpose is to serve and support the legal profession in Dallas and to promote good relations among lawyers, the judiciary, and the community.
DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Michelle Alden Managing Attorney: Holly Griffin Mentor Attorneys: Kristen Salas, Katherine Saldana Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Miriam Caporal, Tina Douglas, Zaporra Gonzales, Andrew Musquiz, Carmen Perales, Alicia Perkins, Karra Rybicki, Dominick Vallejo Program Assistant: Patsy Quinn Secretary: Debbie Starling Copyright Dallas Bar Association 2018. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher. Headnotes serves the membership of the DBA and, as such, editorial submissions from members are welcome. The Executive Editor, Editor, and Publications Committee reserve the right to select editorial content to be published. Please submit article text via e-mail to jsmith@dallasbar.org (Communications Director) at least 45 days in advance of publication. Feature articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informational and educational purposes and is not intended as legal advice. Opinions expressed in articles are not necessarily those of the Dallas Bar Association. All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Association’s sole discretion. Headnotes (ISSN 1057-0144) is published monthly by the Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. Non-member subscription rate is $30 per year. Single copy price is $2.50, including handling. Periodicals postage paid at Dallas, Texas 75260. POSTMASTER: Send address changes to Headnotes, 2101 Ross Ave., Dallas, TX 75201.
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Focus
March 2018
Entertainment, Arts & Sports Law
Lifting the Veil on Sponsored Social Media Influencer Posts BY BRENT TURMAN
Whether you are an online influencer, utilize online influencers, or you represent one, you will want to know how the Federal Trade Commission (FTC) recently made it clear that it will flex its muscles against social media influencers. As the nation’s consumer protection agency, the FTC has a long history of going after sponsored advertisements and promotional messages that could mislead consumers into believing that the content is independent, impartial, or not sponsored by an advertiser. However, those lines have become blurry with the prevalence of social media over the past few decades. The world of online gaming gave the legal community its first look into how the FTC would use its enforcement powers in this arena in September 2017, when the FTC settled its first enforcement action against influencers for alleged deceptive advertising and endorsements. This specific dispute revolves around “Counter-Strike: Global Offensive” (CSGO), an online multi-player shooting game.
In CSGO, users can purchase “crates,” which contain “skins.” Skins are cosmetic upgrades that do not affect game play—basically paint jobs for a player’s weapons. Skins are often bought and sold for actual money outside of the game. One website, CSGOLotto.com (CSGO Lotto), allowed users to gamble their skins against others. Two individuals who were wellknown in the gaming community posted YouTube videos of them gambling and winning big on CSGO Lotto. However, those men did not give their audience the full story. Specifically, they did not tell viewers they each owned 42.5 percent of the company that operated CSGO Lotto, they were both officers of that company, and they were gambling with free skins provided by CSGO Lotto. On top of that, they paid other influencers, both in money and in skins, to promote the website on various platforms including Twitch, Twitter, Facebook, and YouTube. As a result of their actions, the FTC brought claims against both men for false claims of independent reviews, deceptive failure to disclose that endors-
Together We Lunch
Monday, March 19, Noon at Belo Join us as we engage in safe and open conversations about race relations. Sponsored by the Public Forum Committee, JLTLA, DAYL, DAABA, DHBA and DWLA. RSVP to jsmith@dallasbar.org.
ers were owners and officers, and deceptive failure to disclose that other endorsers were paid to promote CSGO Lotto. What can we learn from the FTC’s recent interest in social media influencers? Based on the CSGO Lotto charges, recent updates in the FTC’s endorsement guides, and warning letters the FTC sent to other influencers in 2017, there are several steps that online influencers can take to be more transparent and avoid the wrath of the FTC. First, the influencer should disclose any financial relationship with a brand that appears on any post. If there is a material connection between an influencer and an advertiser or marketer, the influencer needs to make it abundantly clear that the connection exists. In other words, if there is a connection that might affect the weight or credibility that consumers give the endorsement—such as a business or family relationship, monetary payment, or the gift of a free product— that connection should be disclosed clearly and conspicuously. The influencer should never assume that viewers or followers know about his or her brand relationships. Next, the influencer should ensure that all sponsorship disclosures are conspicuous and hard to miss. The influencer should not assume that disclosures built into a social media platform are sufficient. Moreover, the influencer should not rely on disclosures that people will see only if they click “more” in the comments below the post. For example, consumers viewing Instagram posts on their phones typically see only the first three lines of posted text unless they click
“more.” Additionally, including a hyperlink that sends the customer to a disclosure on another webpage is insufficient. The disclosures can get tricky with social media that primarily focuses on images. For example, the FTC recommends that on image-only platforms like Snapchat, the influencer superimpose disclosures over the image. While this probably will not mesh with the influencer’s aesthetic, it definitely removes doubt as to whether the content is sponsored or a form of advertising. Tags and hashtags are not exempt. Sponsored tags, including tags in pictures, are treated like any other endorsement. When using hashtags to disclose, the influencer should ensure that they are not ambiguous. For example, it would likely be insufficient disclosure for an influencer to use the following: #thanks, #collab, #sp, #spon, #partner, or #ambassador. On the other hand, #Paid, #Ad, and #Sponsored would be better disclosures. The FTC also noted that placing a disclosure in a large string of hashtags may not be conspicuous enough because it likely will not stand out. Over the past year, the FTC has provided more guidance regarding promotional and sponsored activity on social media than ever before. Attorneys can use this guidance to assist their clients in this industry, whether they are teaching influencers how to make clear and transparent disclosures or assisting companies in building agreements and guidelines for the endorsers and influencers they work with. HN Brent Turman is an associate at Bell Nunnally & Martin LLP. He can be reached at bturman@bellnunnally.com.
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D al l as Bar A ssoci ati on l Headnotes 7
8 He a d n o t e s l D a l l a s B a r A s s o ciation
March 2018
DBA Launches DBA WE LEAD Program The Dallas Bar Association, in partnership with the Dallas Women’s Foundation and the Dallas Women Lawyers Association, has developed DBA WE LEAD: Women Empowered to Lead in the Legal Profession. The DBA WE LEAD Program is one of DBA President Michael K. Hurst’s initiatives for 2018. Shonn Brown is Chair of the program. DBA WE LEAD is a leadership program designed to address the challenges of highperforming women who have practiced law for 8 to 15 years. The purpose of DBA WE LEAD is to address the unique challenges facing women in the legal profession; to empower, educate and uplift women lawyers to take an already successful law practice to new heights; and to prepare lawyers for active professional leadership within their law firm, the business community and the community at large. Participants of the program include: Ashlie Alaman, Vistra Energy; Michelle Alonzo, Cowles Thompson PC; Katie Anand, Estes Thorne & Carr PLLC; Alison Ashmore, Dykema Cox Smith; Liz Boydston, Norton Rose Fulbright LLP; Sara Chelette, Jackson Walker L.L.P.; Katharine Clark, Thompson & Knight LLP; Chalon Clark, Husch Blackwell LLP; Sara Duran, Sidley Austin LLP; Lacy Durham, Deloitte Tax LLP; Lindsay Hedrick, Jones Day; Michelle Jacobs, Haynes and Boone, LLP; Valerie James, UNT Dallas College of Law; Kathleen Kilanowski, Deans & Lyons, LLP; Meagan Martin, Heygood, Orr, & Pearson L.L.P.; Bina Palnitkar, Greenberg Traurig, LLP; Courtney Perez, Carter Scholer PLLC; Amber Rogers, Hunton & Williams LLP; Sara Romine, Carrington, Coleman, Sloman & Blumenthal, L.L.P.; Elizabeth Ryan, Lynn Pinker Cox & Hurst, LLP; Jennifer Ryback, McGuire, Craddock & Strother, P.C.; Jennifer Tobin, Geary, Porter & Donovan, P.C.; Kelly Vickers, Locke Lord LLP; and Tamera Woodard, AT&T.
ART LAW PRACTICE Thompson & Knight’s experienced team of art law attorneys is strongly rooted in the arts community, making our firm uniquely qualified to handle all types of art-related disputes and issues.
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SIGN UP FOR THE 2017 DBA 100 CLUB! J. Michael Heinlen Partner | Dallas Michael.Heinlen@tklaw.com 214.969.2539
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What is the DBA 100 Club? The Dallas Bar Association 100 Club is a special membership recognition category given to firms, agencies, law schools and organizations that have 100% membership in the Dallas Bar Association. What is the cost to join the DBA 100 Club? It’s FREE! How do you join? Firms, government agencies, and law schools with two or more lawyers as well as corporate legal departments may qualify for the DBA 100 Club if all attorneys are a member of the Dallas Bar Association. To join the 2017 DBA 100 Club, please submit a list of all lawyers in your Dallas office to Kim Watson, kwatson@dallasbar.org. We will verify your list with our membership records and once approved, your firm will be added to the 2017 DBA 100 Club membership list! What are the perks? Our 2017 DBA 100 Club members will be recognized in Headnotes, the 2018 DBA Pictorial Directory and receive a Certificate of Appreciation as well as recognition at our Annual Meeting in November. JOIN TODAY!
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D al l as Bar A ssoci ati on l Headnotes 9
Entertainment, Arts & Sports Law
Media Licensing Tips and Pitfalls BY THOMAS MADDREY, MADDREY PLLC
Every creative client knows about “copyright” as a general idea, but too many are unfamiliar with their rights when licensing their work. A creative client includes, but is not limited to, any commercial artist, designer, photographer, writer, musician, or other fine artist. Depending on the type of creative, you will need to consider different licensing schemes based on usage of the work. For example, a graphic designer may create a work for a single use, whereas a fine artist or photographer may want to license a single work multiple times.
The Licensing Stage
A common pitfall for a creative is transferring their copyright either through a “work-for-hire” agreement, or a basic transfer clause in a previous agreement. Often, the creative community feels pressure to sign these sorts of agreements, and are unaware they have signed away their rights to the work. When creating the granting language in a license, it is important to retain the copyright with the creative, and only license the usage, reproduction, and derivative rights. Selling or granting the underlying copyright should only be done as a last resort.
Drafting the License
The complexity and length of copyright licenses vary significantly depending on many factors, including the type of work, the permitted uses, the parties’ relationship, and the licensing arrangement’s value and duration. The license grant is the heart of the
agreement that determines what is being licensed, the licensee’s usage rights, time and geographical limitations, etc. Usage should be limited to the art actually licensed (identifiable with a Copyright Registration Number). In addition to the usage rights, the license should specify whether that usage is to the exclusive benefit of the licensee, or whether the creative-licensor retains the right to license the work to others (non-exclusive). No matter how you lay out your granting clause, it is important to be as specific and clear as possible. Failing to spell out the terms of the grant, or using improper language may lead to over-granting or undergranting usage rights. For example, should a creative grant an exclusive right, the creative will be prevented from advertising his own work on his website absent further provisions. The client may state other reservation of rights, such as the right to approve all uses by a licensee (such as for future expansion of digital and social media), and the right to approve the quality of the product at various stages of manufacture or display. In the growing age of digital media and social media, the future usage of the work must be considered. Again, by being as specific as possible in the granting clause, a newly created app or social media outlet will not accidentally fall within the boundaries set by the license.
Determining & Enforcing Payment Terms
Considering which usage rights the creative has granted can help set the licensing price, but there are other factors to evalu-
ate. Specifically defining the usage rights allows the attorney to get specific with setting the price-point for the license. For example, programs, such as fotoQuote® Pro, provide ranges of photographic industry pricing based on specific usages. By providing specifics, such as the media type, the quantity, sizes and placements of where an image may be placed, and the distribution format, etc., the usage fee can be estimated, and the limitations in usage set by the creative becomes clear. This price may also include a creative fee, based upon reputation of the author of the work, rarity of the work, and the media in which the work was created. Depending on the media usage, payment methods may differ, but immediate payment on acceptance of the licensing agreement is best. It also may be beneficial to include a provision charging interest for late payment to encourage on-time
payment (even if your client does not wish to enforce the clause to remain in their clients’ good faith). The creative should avoid agreements that allow for payment “upon publication”—this puts no obligation on the licensee to use the art, and will limit the creative’s ability to use and license the art to others.
Final Thoughts
Remember that contract law governs the licensing process—all agreements must be two-sided, and a battle of the forms may come into play if inconsistent language is used. Discussing how your creative-client wants to structure the deal, and what he/ she wants out of the license will help provide the framework in best representing your creative. HN
Thomas Maddrey is the founding partner and lead attorney at Maddrey PLLC. He can be reached at tbm@maddreypllc.com.
DVAP BELO LEGAL CLINIC Wednesday, March 21 ~ 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. Mentorattorneys will be available to assist. Sponsored by 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.
10 H e a d n o t e s l D a l l a s B a r A s s ociation
March 2018
RHSB CFT business fund holder and Freedom Day volunteers
CLIENT: Communities Foundation of Texas JOB#: CFOT-17-010 2017 Brand Campaign TRIM: 5"w x 7.75"h LIVE: 5"w x 7.75"h BLEED: n/a COLOR: CMYK PUB: Headnotes CONTACT: Jessica D. Smith, Headnotes Editor Communications/Media Director (214) 220-7477 jsmith@dallasbar.org RELEASE: 11/8/17 INSERTION: December
wh e re g iving
THRIVES RHSB Insurance is a CFT business-advised fund holder and longtime member of CFT’s business engagement network that connects companies with nonprofits to make a positive community impact. CFT finds the most strategic alliances for businesses and nonprofits to maximize the contributions of good corporate citizens. During CFT’s 2017 Freedom Day event, RHSB volunteers packed lunches for children served by Hunger Busters, a charity dedicated to feeding food-insecure kids with a much-needed third meal
Join us today.
of the day. RHSB employees were grateful to take
Call us at 214-750-4239,
part in the event, which helped satisfy their appetite
email giving@cftexas.org
for hands-on community service.
or visit CFT4B.org/thrive
CFOT-17-010 Headnotes_RHSB Insurance_02mg.indd 1
11/9/17 6:21 PM
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ABOUT THE AUTHOR Michael P. Maslanka has over three decades of experience. He litigates and tries employment law cases across Texas. He shares his knowledge through his Work Matters blog, the Maslanka Field Guide series on employment law, and his monthly “Work Matters” column for In-House Texas. He uses his practical knowledge to help clients simplify their issues, and to be a cost-effective partner to them. Chambers USA states that he is a “strong, insightful thinker” who takes a “holistic approach” to resolving his clients challenges. A Chambers USA source states that he is the “best teacher of labor and employment law . . . and just great before a jury.” Mike has served as Adjunct Counsel to a Fortune 10 company where he provided multi-state counseling on employment matters. He also served as a Field Attorney for the National Labor Relations Board. He is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. He is a Master of the Inns of Court. He also writes as the “Literate Lawyer,” a column on how literature makes us better lawyers and better people.
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D al l as Bar A ssoci ati on l Headnotes 11
Entertainment, Arts & Sports Law
Leveraging Art Collections as Collateral BY ANDREA PEREZ
Banking institutions in the United States are taking the lead internationally in offering art-secured lending services. Based on the Deloitte and ArtTactic Art & Finance Report for 2017, the art-secured lending market in the United States grew 13.3 percent in 2017 and is estimated to continue to increase in 2018. With the art market on the rise, many collectors and investors are looking for alternatives to free up capital frozen in their art collection. Art-secured loans are commonly used to purchase additional works of art, or for investment in other ventures. For example, Bank of America is a major lender in the art market which enables owners to unlock cash in art collections by taking a static asset (one which is aesthetic only), to a dynamic asset (aesthetic and now economic). If you have an art-savvy client interested in obtaining an art-secured loan, there are some unique issues and topics you should discuss with him or her prior to entering into such a transaction. Depending on the lending institution, your client may be required to relinquish physical possession of the collateral artwork to the lender during the term of the loan. Larger banks typically do not take possession of the borrower’s artwork, but this is not always the case. Transferring possession of the collateral artwork to the lending institution may become problematic for clients who also want to enjoy the art themselves, or possibly lend such art-
work to museums or galleries for public exhibition. If these issues affect your client, you may suggest that they work with a lender that allows the borrower to retain possession of the pledged artwork during the loan term. If the lending institution permits their borrowers to loan the collateral artwork for public exhibitions during the term of the loan, your client will likely need to disclose to any exhibiting museum or gallery that the artwork is pledged for a loan. Furthermore, the lending institution may request that each exhibiting museum or gallery execute agreements which discuss liability for insurance, shipping, default, damage, and other risks related to possessing the pledged artwork. If the borrower defaults on the loan during the exhibition, your client will want all the parties involved to allow the museum or gallery to continue to display the collateral artwork for the remaining exhibition term in order to avoid scandals and bad press. An art-secured loan will also require the borrower to receive a new appraisal of the collateral artwork and updated appraisals during the loan term. The principal amount of the loan is typically calculated based on 40-60 percent of the lowest auction value of the artwork. Adjustments may be made to the principal loan amount depending on the increase or decrease in the auction value of the collateral, which can change rapidly. Your client may need to leverage several different types of works to allow for a more stable value of the collateral. Other important concerns with art-
secured loans include title, provenance, and authenticity of artworks. Similar to other types of collateral for loans, the borrower will have to provide sufficient evidence to the lending institution that they own the artwork free and clear of all encumbrances, and that what they own is authentic. In the art world, title means the right to own a work of art, but this does not necessarily mean you have possession of the work. There are hundreds of thousands of works of art that have been purchased by collectors and museums in which they do not own the right, title, and interest due to various underlying issues such as fraudulent paperwork or, in the more sensational cases, Nazi war crimes. Authentication is much easier to evidence if the artist is alive, and you can usually obtain a certificate of authenticity from the artist that will be provided to the lending institution. However, if the artist is deceased or otherwise unavailable, your client may need to
obtain an opinion of authenticity either from the artist’s estate (although, note that some estates refuse to perform such an authentication) or from an expert in authenticating art. Art-secured loans are predicted to increase in 2018, and offer collectors quick access to capital that may be tied up in artwork they do not wish to part ways with. Given the uniqueness of this type of asset, most banks are flexible in the amount of the loan, interest rates, and other loan terms. But there are also risks that are unique to this collateral, and may require the aid of specialized experts, analysts, and attorneys. If you have a client interested in leveraging their art collection or a portion thereof, the issues set forth in this article should be discussed before your client settles on this path, and certainly before they sign any documents. HN Andrea Perez is an associate at Kessler Collins and can be reached at aperez@kesslercollins.com.
Avoiding Malpractice Lindsey Rames, Rames Law Firm, P.C. Robert Tobey, Johnston Tobey Baruch Lindsey Wyrick, Cobb Martinez Thursday, March 8, Noon at Belo | Ethics 1.00 Sponsored by the Transition to Law Practice Committee
cailaw.org/ilt 2018
4/12 - 4/13 2nd
Cybersecurity and Data Privacy Law Conference 1 ½ Day Legal Conference Designed for Privacy Attorneys and Professionals THE CENTER FOR AMERICAN AND INTERNATIONAL LAW 5201 Democracy Drive | Plano, Texas 75024 Online @ cailaw.org/ilt MCLE and CPE Credit To Be Requested ILT is an Institute of
Highlights An outstanding conference faculty will address three separate periods of a cyber or data breach incident: preincident, during an incident, and post-incident. Designed to provide concrete advice and guidance to attorneys and other professionals regarding mitigation of risks and responding to an incident, this conference will include more than a generic update on current laws and regulations. Sample Conference and Breakout Topics Include: • Threat Analysis: A Review of Attack Vectors and Mitigation Techniques • Third Party Management: Who’s Watching Your Vendors? • Autopsy of an Incident Response Plan • PR and Crisis Management: An Examination of Past Breach Announcements • Forensic Investigations • Tabletop Exercise: A Breach . . . Now What? • Post-Mortem Incident Response Assessment: Incorporating Lessons Learned....And Much More!
REGISTER NOW cailaw.org/ilt
12 He a d n o t e s l D a l l a s B a r A s s ociation
Focus
March 2018
Entertainment, Arts & Sports Law
The Attorney as Author – There’s a Boot on My Other Foot! BY COLIN P. CAHOON
“We love your book and we want to publish it.” “What? Don’t you want to hear my well-rehearsed pitch on why my book is the greatest thing since Harry Potter (which I have never read, but heard it is great, too, by the way)? Send me a contract to review? Sure! You can email it to me. I am sure I will not have any problem with it.” Hold on there cowboy, you are an intellectual property lawyer, remember? Suddenly I was staring at the familiar copyright boot sitting on my other, nonlawyer foot. Soon enough the contract arrived and, as expected, it was a pretty one-sided deal. I have seen this dance before. Me—“There is a lot of stuff in here I do not like and a lot of stuff I would like to see added.” Client—“I hear you. But if I do not sign this my book will never see the light of day. I am going to be a published author, don’t you understand?” Me—“Well, you are a big boy/girl. Do what you think is best.” Only this time the “Me” and the “Client” were the same
person. What would I advise myself, and would I listen? What were my options? For starters I could self-publish. That was the original plan anyway. I would be in control and would get more of the money from each book sold. I would also have to find someone to design the cover art and proof-edit the manuscript, secure an ISBN number, and figure out the logistics for getting the book published and on Amazon. Besides, the publisher mentioned this “Ingram” thing as a reason not to self-publish. Ingram is the dominant book distributor that stands behind books sent to bookstores. If the book does not sell, the bookstore sends it back to Ingram for a full refund. Ingram then turns around and seeks reimbursement from the publisher. It does not work that way if you are self-published, and, consequently, bookstores generally decline to carry self-published books. What about a “vanity” press, that is, a publisher that requires the author to pay for any part of the design, editing, or publishing costs? That sure would be easier than self-publishing as long as I did not mind funding the effort myself. Turns out,
there is that Ingram thing again. Vanity presses do not stand behind Ingram returns, so bookstores do not like to carry vanity press publications either. In hindsight, there is a certain marketing cachet to an Ingram-returnable book. I have seen it in action. If I saunter into a bookstore and say “I am an author, and I would like you to carry my book and host a book signing,” I am generally shown the nearest exit and firmly advised to head that direction. “No wait, this is a fully returnable Ingram-distributed book.” “Whoa, pardner – say again?” Now that got my boot (the non-lawyer one) squarely in the door. So what to do? Listen to the client foot for a minute. The fact is that most traditional publishers have no interest in negotiating their contracts, particularly with a first-time author. There are thousands like me ready to sign anything to get a book published by a traditional publisher, and publishers are loath to spend money on lawyers negotiating stuff. “Take it or leave it,” is pretty much the choice. In my case, two provisions gave me the comfort level to tell that lawyer foot
to hush up. First, the contract was for five years. I can put up with anything for five years! Shoot, I was an associate for longer than that and it was literally painful at times. Second, there was an escape clause. Turns out that for much less than a single year’s tuition at a Dallas private school I could buy myself out of the whole contract. Having done private school pre-K through 12 times 3, that number seemed real reasonable to me. That is even less money than I would spend on one of those high-priced IP lawyers to review this thing. (Ouch! The lawyer foot just kicked me!) Traditional, then, is the advice that I will readily pass on to all my other clients (the big boy/girl ones). If you are offered a traditional publishing contract and you are a first time author, find a short-term and a buyout clause, then sign that thing. Come back and see me when it becomes a best-seller, and then we will have some leverage to do something different. HN Colin P. Cahoon is a partner at Carstens & Cahoon LLP and author of the mystery thriller, The Man with the Black Box. He can be reached at cahoon@cclaw.com.
2018 Dallas Bar Foundation Fellows Justinian Award Recipient CONTINUED FROM PAGE 1
fellow lawyers. He is a model for those who seek to strengthen collegiality in our adversarial profession.” “Tom is one of the most respected First Amendment lawyers in America and what he does matters,” wrote the Honorable Royal Furgeson, Dean of UNT Dallas College of Law. “His work with Texas Appleseed will be felt for years to come and there is unanimous agreement in the profession that he is one of the most respected lawyers anywhere.” Married to Patricia Villareal (a nationally recognized securities/corporate governance lawyer, retired Jones Day partner, and now of PatVillarealLaw, PLLC) for 35 years, Tom and Pat raised two sons, Sean and Colin (now 34 and 31), who both graduated from Yale College. Sean went on to obtain his D.Phil. from the University of Oxford and is Assistant Professor of Art
History at Bowling Green State University. He is married to Steve Welsh and lives in Detroit. Colin is a senior manager in Sales Finance at Twitter in San Francisco. Tom serves as board chair of the National Association of Law Placement Foundation and the Yale Alumni Fund, and board member of Business Council for the Arts. Tom also commits hundreds of pro bono and volunteer hours annually to Texas Access to Justice Commission, Texas Civil Rights Project, Texas Access to Justice Foundation, and North Texas Public Broadcasting, among others. “I never forget that being a lawyer gives you the opportunity and even the obligation to help people and to change lives,” said Tom. “Tom serves his clients brilliantly and his causes sacrificially. By both his head and his heart, Tom embodies the values we honor with this award,” said Frank Stevenson, partner at Locke Lord, who has known Tom since the fourth grade.
As the President of the State Bar of Texas, Frank hired Tom to defend a lawsuit so that the SBOT Board could continue to represent the Bar’s diverse membership. “It was personally crucial to him that the leadership of his state bar reflect the people he and all Texas lawyers swore to serve. Tom undertook that case because of his values, and he won it because of his skill,” said Frank. Prior to joining V&E in 1992, Tom was a shareholder at Locke Purnell Rain Harrell (now Locke Lord). He clerked for the late Honorable Robert M. Hill, U.S. District Judge, Northern District of Texas, and is a double graduate of Yale University.
The Dallas Bar Foundation Fellows Justinian Award (previously called the Fellows Award) has been presented annually, since 1995, to an attorney who has adhered to the highest principles and traditions of the legal profession and has served the legal profession and community with the highest ethical standards. The 27th Annual Fellows Luncheon will be held on Thursday, March 29 at the Belo Mansion. Tickets can be obtained by calling the Dallas Bar Foundation at (214) 220-7487 or online at www.dallasbarfoundation.org. HN Mark Kelly is Chairman at Vinson & Elkins LLP and has known Tom since 1981. Ren Wagner is Director of Talent Communications at V&E.
Last chance for a new directory photo! There are two upcoming photo sessions available to have your photo updated for the 2018 DBA Directory.
Wednesday, March 7: 9 a.m. to 3 p.m. at Belo
Cyber coverage now included with our malpractice policy. OVER 38 YEARS SUPPORTING TEXAS LAWYERS
TLIE.org / info@tlie.org / (512) 480-9074
Friday, March 9: 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. Photos may also be purchased for personal use. If you have questions please contact Judi Smalling at jsmalling@dallasbar.org or (214) 220-7452.
‘Bar None’ Auditions Tuesday, April 3 ~ 5:30 to 7:00 p.m. ~ Belo Mansion
Auditions for Bar None XXXIII will take place April 3 at Belo! All who audition will be cast. The Bar None show, to be held at the Greer Garson Theater June 13-16, benefits the Sarah T. Hughes Diversity Scholarships. If you have been in the show before, you do not need to audition again. Questions? Contact Bar None’s Director, Martha Hardwick Hofmeister, at (214) 780-1400 or martha@marthasnet.com.
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D al l as Bar A ssoci ati on l Headnotes 13
Entertainment, Arts & Sports Law
Behavior Matters: Morals Clauses in the Entertainment Industry BY SALLY HELPPIE
Harvey Weinstein may be the new face of bad behavior in the entertainment industry, but Hollywood scandals date back to the start of the movie business. In 1921, beloved silent film star Fatty Arbuckle was arrested and charged with causing the death of Virginia Rappe, a struggling actor. After three trials, during which Arbuckle was pilloried by the public and press, he eventually was found guilty only of drinking bootleg alcohol. Still, the scandal had box office implications. As a result, the studios began inserting morals clauses into their contracts. In the 1940s, studios relied on their now-standard “morality” clauses to blacklist the “Hollywood 10” after these brave writers and directors refused to answer questions from the House Un-American Activities Committee. The 9th Circuit upheld the validity of the clauses. Significantly, the current Writers and Directors Guild contracts expressly prohibit morals clauses. In contrast, union contracts for professional athletes include morals clauses, whose meaning and application have generated recent litigation. The SAGAFTRA collective bargaining agreement for performers is silent on the issue. This article discusses morals clauses in celebrity endorsement contracts. At their most basic, morals clauses are contractual limitations on a person’s “off-duty” conduct. In drafting a morals clause, the goal for lawyers is first to understand why it is desired and then to ensure that forbidden conduct and allowable remedies make sense and are clearly spelled out. Businesses look for “brand ambassa-
dors” to market their products and services, evaluating a celebrity’s public image in relation to the targeted consumer. In situations where a celebrity endorser misbehaves, the brand must react. Of course, not all celebrities are held to the same standards; reality stars generally are expected to act more outrageously than the general public. But in this age of social media when news travels quickly, brands use morals provisions to allow for fast legal separations. For example, Kathy Griffin’s endorsement deal with Squatty Potty was yanked after a stunt involving a beheaded Trump. On the other hand, Lindsay Lohan launched a comeback by capitalizing on her history of car accidents to endorse an insurer. When drafting, consider what image the company wants to project and what actions could harm that impression. Then devise a mechanism for determining when a breach has occurred. For example, a business targeting tweens wants to appear wholesome. So it wouldn’t want to be associated with tobacco. Thus, a morals clause might prohibit the spokesperson from being photographed smoking. Remember that conduct considered acceptable for one business might be unacceptable for another. A cosmetics business touting its “no animal testing” policy likely will not want its spokesperson photographed with a hunting rifle, while a sporting goods store will not care. Sometimes certain conduct is product-specific. Brittney Spears, for example, was phased out of her Pepsi deal after she was photographed drinking Diet Coke. And soccer star Ronaldinho lost his Coke sponsorship when he drank Pepsi during a televised press conference.
Early versions of morals clauses were vague, forbidding acts that might cause “public scorn, ridicule or contempt.” Not surprisingly, these led to lengthy and expensive litigation. Effective clauses should define prohibited conduct narrowly and include an objective mechanism for determining breach. The goal is a fast solution when something goes wrong, not protracted arguments. When drafting, ask what objective facts will prove a violation. Is arrest a breach? Or must the alleged crime be a felony? Is conviction required, or perhaps an arrest that is not dismissed within a certain number of days? Is a photograph showing prohibited behavior sufficient? Or must it be on a specified platform(s)? How can public outrage over vulgar language or actions be measured? By number of negative tweets or news articles? Remedies for breach also must be clear. Termination is an obvious remedy, but how much time should a company have to make that decision? When “Subway Guy” Jared Fogle’s house was raided in connection with a child-pornography investigation, Subway swiftly announced the two
parties had “mutually agreed to suspend their relationship.” In addition to simply ending an endorsement deal, however, companies might want to claw back some of the funds paid, perhaps on a sliding scale based on the length of time remaining on the contract. Importantly, some celebrities now seek reverse morals clauses. Just as companies want to cut ties when their spokespersons misbehave, celebrities do not want the damaging publicity of being associated with what they perceive as immoral companies. Some refer to this as the “Enron effect.” Celebrities with negotiating power want to be able to halt the continued use of their names and images when companies engage in negative behavior. A recent example involves The Weeknd and H&M. You can check it out on social media. The moral of morals clauses: Like any contractual provisions, understand the specific issues and draft clearly. HN Sally Helppie is Of Counsel at Vincent Serafino Geary Waddell Jenevein, and teaches Entertainment Law and The Producers Seminar courses at SMU. She can be reached at shelppie@vinlaw.com.
Make an Investment in Dallas - Hire a Summer Intern! Lend your support in 2018 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
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 2018
In The News
FROM THE DAIS
Richard G. Stewart, Jr, Attorney at Law, and Vicki Blanton, of AT&T, served as panelists for the recent Southwest Regional Black Law Student Association Convention, which was held at UNT Dallas College of Law.
LLP, has been named a 2018 Distinguished Achievement honoree by the LSU Law Center. Lindsey Wyrick, of Cobb Martinez Woodward PLLC, has been promoted to Member.
Shonn Brown, of Lynn Pinker Cox & Hurst, has been awarded the Profiles in Leadership Award, presented by the SMU Women’s Symposium.
Jill Meyer has been named Senior Vice President of Hunt Consolidated, Inc., and General Counsel of Palette Investment Company, the family office of Ray L. Hunt. Nathan Christensen has been named Senior Vice President and General Counsel of Hunt Consolidated, Inc.
Stephanie L. Wooley, of Sheils Winnubst, PC, has become a shareholder.
Neil Ferrari, of Munck Wilson Mandala, has been elected as Partner.
Jane P. Brandt, of Thompson & Knight
Andrew Carter, Ryan DeLaune, and Kath-
KUDOS
Need Help? You’re Not Alone. Texas Lawyers’ Assistance Program…………...(800) 343-8527 Alcoholics Anonymous…………………………...(214) 887-6699 Narcotics Anonymous…………………………….(972) 699-9306 Al Anon…………………………………………..…..(214) 363-0461 Mental Health Assoc…………………………….…(214) 828-4192 Crisis Hotline………………………………………..1-800-SUICIDE Suicide Crisis Ctr SMU.…………………………...(214) 828-1000 Metrocare Services………………………………...(214) 743-1200 More resources available online at www.dallasbar.org/content/peer-assistance-committee
ryne (“Kate”) Morris, of Strasburger & Price, LLP have been elected as Partners.
Lawyers inaugural Brenda Tso Rising Young Lawyer Award.
Lawrence Bowman, of Kane Russell Coleman Logan, PC, has been selected to serve on the Executive Committee of the Dallas Chapter of ABOTA.
ON THE MOVE
Dustin Paschal, of Simon | Paschal PLLC, was elected President of DallasHR for 2018. Hilda Galvan, of Jones Day, has been honored by Cristo Rey Dallas College Prep as the inaugural recipient of its Ignite Award. Michelle Snedden and Stephen Shellenberger, of Shackelford, Bowen, McKinley & Norton, LLP, have been promoted to equity partner and non-equity partner, respectively. Julie Pettit, of The Pettit Law Firm, has been chosen as a first runner up for the William Reece Smith, Jr. National Outstanding Young Lawyer Award by the American Bar Association. Ben Kelly and Richard White, of Baker & McKenzie, LLP have been promoted to Partner and Brook Mestre and Stephanie Russ are now Counsel. Erin Nowell, of Simon Greenstone Panatier Bartlett, PC, received the Texas Women
Todd Schroeder joined Norton Rose Fulbright as Partner. Kamal Jafarina has joined Provasi Capital Partners as Managing Director, Legal and Business Development. Additionally, he also serves as deputy general counsel for both Provasi Capital Partners and the organization’s parent company, Stratera Holdings, LLC. Jason Cross joined Spencer Fane LLP as Managing Partner of the Dallas office. Virginia Cox, Kelly Gibbons, Jennifer Smiley, and Jonathan Sterling joined Cobb Martinez Woodward PLLC as Associates. Will Becker joined Locke Lord LLP as a Partner. Charles Haag has joined Winston & Strawn LLP 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
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
Habitat House $80,000
Help us reach our goal of $80,000 to build our 28th house for Habitat for Humanity.
$60,000
DVAP’s Finest ANDRE CRAIG, JR.
Andre Craig, Jr., of The Trinity Law Firm, practices criminal and family law. 1. How did you first get involved in pro bono? I began volunteering at legal aid clinics back when I was in law school in Virginia. Once I returned to Texas, I began volunteering with clinics here in Texas. 2. Describe your most compelling pro bono case. A case involving a number of children and a mother seeking to protect her children from the father. Having been raised by a single mother, my heart sought to help her in the best way I could as a lawyer. 3. Why do you do pro bono? From a very young age, I was raised to have a heart to serve those in need. Serving others has now become part of who I am, and the heart of my practice. 4. What is the most unexpected benefit you have received from doing pro bono? I have had applicants tell me they left with more hope than they had coming in to the clinic that night. As a young lawyer, with less than a year of licensed experience, it is the most unexpected, yet humbling benefit. I don’t receive that as much in my normal practice with paying clients.
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
Support the DBA Home Project
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).
$40,000 $30,000 $20,000
Make checks payable to Dallas Area Habitat for Humanity and mail donations: c/o Grecia Alfaro Dallas Bar Association 2101 Ross Avenue Dallas, TX 75201
$10,000 $5,000
Fireside chat with dallas police chief Chief U. Renee Hall Monday, May 21 Noon at Belo
RSVP to jsmith@dallasbar.org Sponsored by the Public Forum/Media Relations Committee
March Moms in Law Lunches
Being a working mom can be challenging. Being a working lawyer mom can be a different ballgame with its own unique challenges. Moms in Law is going on its third year of being a no pressure, no commitment, informal, fun, support group for lawyer moms. The March lunches are: Thursday, March 8, 12:15 p.m. at Ida Claire (5001 Belt Line Rd., Dallas) Friday, March 23, Noon at Saint Ann Restaurant & Bar (2501 N. Harwood, Dallas) RSVP christine@connatserfamilylaw.com to attend the lunch or join the Moms in Law email listserv.
M a rc h 2 0 1 8
Classifieds
D al l as Bar A ssoci ati on l Headnotes 15
March
EXPERT WITNESS
Economic Damages Experts - Thomas Roney has more than thirty years’ experience providing economic consulting services, expert reports and expert testimony in court, deposition and arbitration. His firm specializes in the calculation of economic damages in personal injury, wrongful death, employment, commercial litigation, IP, and business valuation matters. Mr. Roney and his experienced team of economic, accounting and finance experts can help you with a variety of litigation services. Thomas Roney LLC serves attorneys across Texas with offices in Dallas, Fort Worth and Houston. Contact Thomas Roney in Dallas/Fort Worth (214) 6659458 or Houston (713) 513-7113. troney@ thomasroneyllc.com. “We Count.” Economic Damages Experts – HSNO is the Forensics Firm. Economic Damages Experts - HSNO is a CPA firm specializing in Financial Damages. The Dallas office of HSNO has five CPA testifying experts who specialize in the calculation of financial damages in most areas including commercial lost profits, personal lost earnings, business valuations, insurance litigation, intellectual properties and contract disputes. HSNO is qualified in most industries including, but not limited to; energy, manufacturing, hospitality, service, insurance, transportation, entertainment, product liability and construction. HSNO has 10 U.S. offices and an office in London. Contact Peter Hagen CPA CFF CEO at (972) 9805060 or go to HSNO.com.
OFFICE SPACE
75 Central & Forest Lane. Johnson English Law Center – Merit Tower Office Space. For lease – Sleek, contemporary office space: 12222 Merit Drive – 12th Floor. Nine conference rooms, lobby with receptionist/mail service, high-speed Internet, library, spacious breakroom…plus parking and workout facilities are complementary! Come take a look – Contact arobinson@ englishpllc.com or (214) 528-4300. Virtual Office – Available Immediately! Contemporary office space, 12222 Merit Drive, Suite 1200, offers nine conference rooms, receptionist, Internet service, mail service, parking, fully equipped breakroom. $300 monthly fee – competitive rates! Email Amy at arobinson@englishpllc.com or (214) 528-4300. Bishop Arts District Office Space. Located just steps away from the heart of the Bishop Arts Restaurants and Shops and on historic Bishop Avenue. Two office spaces are available. One office is large and could easily accommodate 2 to 3 people. The large office has a dedicated restroom and large storage closet. The second space accommodates 1-2 people; has direct access to a beautiful balcony facing Bishop Ave.; direct access to restroom; and a storage closet. Building amenities include access to two (2) conference rooms (well suited for mediations) and a reception area staffed during standard business hours. This location is very close to downtown Dallas County and Federal Courthouses. You can be at George Allen Courthouse in 8 minutes and at Belo Mansion in 5 minutes. For more information or to schedule a visit, contact Brett Christiansen at (214) 838-3501 ext.1 or at bchristiansen@cdfirm.com. Prime legal office space on Central Expwy at Knox Henderson for small firm. Free parking and Wi-Fi. Just ten minutes from courthouse. Each office is large. Two conference rooms, shared staff and kitchen area. Twelve-month lease. RMC@ RobertMClark.net or call (214) 528-2400. Lee Park Area - newly remodeled building with executive office space available for lease in a professional, legal environment.
Two large executive window offices available (furnished or unfurnished) to share with experienced and established lawyers. Separate areas available for assistants or para-professionals. Three bench seat spaces available for daily or short term use, if desired. Referrals and other case arrangements are possible. Amenities include reception area, telephone, fax and copy machines, Wi-Fi, notary, conference room, kitchen area, covered visitor parking, and free secured office parking. Location convenient to Dallas courts, downtown, and all traffic arteries. Please contact Judy at (214) 740-5033 for a tour and information.
with cover letter and resume to: yesenia@ beckham-group.com.
McKinney Avenue. Office with secretarial area available at 4054 McKinney Avenue. Shared conference room, break room, copier, fax, DSL & phone equipment are available if needed. No long term commitment and a monthly rate of $800.00 for the furnished or unfurnished large office and $300.00 for the furnished secretarial office. Possibility of overflow Real Estate or Civil Litigation work. Call (214) 520-0600.
Retained Counsel General Liability Attorney. Seeking an independent contractor insurance defense attorney to work on a wide variety of litigation including insurance defense, casualty defense, premises, auto, commercial litigation, products liability, and general negligence litigation in the Dallas and Houston areas. Requirements: Admission to Texas State Bar and the U.S. District Courts of Northern District and Southern District of Texas; 4 years of general litigation experience; and insurance defense experience including in negligence, products and premises liability, property damage and automobile accident litigation. Send resume and references to: texaslawfirm01@gmail.com.
Uptown. 4054 McKinney Avenue has available one office suite with 1090 sq. ft. and one suite with 1275 sq. ft. Each space has three offices with reception, conference and secretarial space. Located across from Cole Park with surface parking. One year terms with flat rates are available. Possibility of overflow Civil Litigation work. Call (214) 520-0600. 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 – 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, Wi-Fi, fax and copier provided for tenants use. No deposit or lease required. Please inquire at (214) 748-1948. North Dallas - Hillcrest Road / LBJ Area: Day Rental Rates for Mediation Conference Space (includes professional office). Also, large attorney suite has offices available for monthly rental. Contact hicks@ morganmediations.com or call (214) 6973537 for information. North Dallas - LBJ/Montfort. Executive Office Suites, external $650, internal $300. All inclusive: Receptionist, kitchen, garage parking, free guest parking, Internet, WI-FI, phone, conference room, coffee/water/ice, utilities, janitorial and maintenance. Contact Laura at: email laura@ 5580midtown.com or (214) 888-2800. Professional office suites for lease in Uptown State Thomas area. Restored Victorian home circa 1890 w/ hardwood floors throughout. Shared conference room. 2619/2608 Hibernia St 1 block from McKinney Avenue Whole Foods. Lawyers preferred. $750-$850/month. Includes phone & Internet. Phone (214) 987-8240.
POSITIONS AVAILABLE
Commercial Litigation Attorney. Well established Dallas, Texas law firm in the Uptown area seeks an attorney with 3 to 10 years’ experience. We are seeking a candidate with exceptional research and writing skills with Commercial Litigation experience. Some existing hourly clientele a plus. Salary commensurate with experience, excellent benefits. Please respond
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., Ste. 1150, Dallas, TX 75206 or e-mail to csantosuosso@trtblaw.com or fax to (214) 754-0999.
Retained Counsel, Employment Law. Seeking an independent contractor attorney to work on a wide variety of employment litigation, and charges of discrimination in State and Federal Courts, and before governmental agencies in the Dallas and Houston areas. Requirements: Admission to Texas State Bar and the U.S. District Courts of Northern District and Southern District of Texas; 4 years of employment litigation experience; and experience before the EEOC/TWC and state and federal courts. Send resume and references to: texaslawfirm01@gmail.com. Legal Nurse Consultant. Thiebaud Remington Thornton Bailey LLP, a law firm specializing in medical malpractice defense and healthcare law, is seeking to hire a Legal Nurse Consultant with 5 years’ clinical nursing experience. LNC experience, LNC certification or healthcare risk management experience preferred but not required. This is an in-house position. Send your resume to Christine Santosuosso, Adm. Mgr., Thiebaud Remington Thornton Bailey, 4849 Greenville Ave., Ste. 1150, Dallas, TX 75206 or email to csantosuosso@ trtblaw.com or fax to (214) 754-0999. Dallas Family Firm that helps people through divorce with empathy and unyielding representation seeks associate with 5+ years’ experience. Email resume to christina@ katielewisfamilylaw.com; subject line should be your last name in all caps plus one word that describes you. Commercial Insurance Litigation Attorney. Small, highly-respected, downtown Dallas, insurance coverage/defense firm seeks 4-5yr+ attorney with solid commercial insurance coverage/coverage litigation experience. Ideal candidate has significant experience with CGL insurance, particularly construction defects. Portable business and insurance defense litigation experience a plus, but not required. Reasonable billable hour expectation allows for good lifestyle balance. Excellent benefits (health insurance, 401k, parking). Salary negotiable. Email cramsey@ schubertevans.com or call (214) 744-4400. Construction Defendant and Personal Injury Defense Litigation. Established medium sized AV-rated law firm in downtown Dallas needs an associate attorney with two to three 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 email to personnel@tbjbs.com. Palmer & Manuel, PLLC – Join Us and Own Your Practice. Are you ready to take the keys and own your own law practice? Palmer & Manuel, PLLC is different. We are a team of experienced attorneys who own and run our own practices, keep most of our fees, and pay a fixed, reasonable monthly overhead to professional management to handle administrative matters so we can focus on practicing law. See our website at www.pamlaw.com or contact Larry Chek, Jeff Sandberg or Rebecca Manuel at (214) 242-6444. Downtown Defense Firm – Experienced Associate. Downtown mid-sized defense litigation firm looking for associate with 5+ years’ experience. Practice areas include overall defense litigation, premises liability, automobile, trucking and subrogation (both workers’ compensation and ERISA). Must have good communication skills, solid writing ability, be able to work independently and with others, and have experience working with insurance companies. Great opportunity for a motivated, self-starting individual. Please submit resume and salary requirements to dwoodard@downsstanford.com. Tired of insurance defense? Never want to fill out a time slip again? Want to wear a white hat? Then email me personally some info about you to chuck@noteboom. com. We have a lot of large PI cases and need another good experienced lawyer or two. Chuck Noteboom, NOTEBOOM. com - Your Injury Lawyers. (817) 282-9700; Chuck@Noteboom.com.
SERVICES
Mirge Digital - Design and Commercial Photography. Mirge Digital offers a host of high-end creative services that get you noticed. We have over 20 years’ experience in commercial design and photography. We are intimately aware how important image is. Our services include Branding and Logo Design, Photography and Video, Web and Print Design. The key benefits of our services is that we can bundle the services you need, eliminating multiple vendors and higher fees. Lastly, we have worked with notable legal teams here in Dallas and Austin. Visit us today at www.mirgedigital.com or call us at (214) 810-5656. 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. 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. Contract services from financial journal entries and payroll preparation to tax preparation. Get the integrity and work ethics of a CPA, without the worry of providing any benefits. Call or text (214) 460-5329 or email libender@att.net. To place an affordable classified ad here, contact Judi Smalling at (214) 220-7452 or email jsmalling@dallasbar.org.
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16 H e a d n o t e s l D a l l a s B a r A s s o ciationâ€
March 2018