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
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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.
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