Dallas Bar Association Headnotes December 2010

Dallas Bar Association
HEADNOTES
December 2010 Volume 35 Number 12
Focus Sports & Entertainment Law
Lisa Blue Baron Donates $100,000 to Equal Access to Justice Campaign

by Alicia Hernandez
Seeking Justice and Changing Lives. Most lawyers say that

this concept drove their decision to go to law school. The opportunity to see wrongs made right and to make a difference
are the beacons that continue to guide them through their
days as starving students, to young associates, and on to being
experienced attorneys.
Lisa Blue Baron is certainly one of those lawyers. The
pursuit of what is just and fair for others has been her constant refrain. The changes she has made in the lives of those
she serves have been extraordinary. From her days in the Dallas County District Attorneys office through her evolution
into a nationally renowned trial lawyer, Ms. Blue Baron has
been entrusted with making a difference in the lives of everyday people.
Her helping hand has again been extended very graciously
to the neediest among us. The disabled, the abused, those
who have bravely served our country, and innocent children
are some of the many people she will help in the coming year
through her support of the Dallas Volunteer Attorney Program (DVAP).
On November 18, Ms. Blue Baron announced her gift
of $100,000 to the 2011 Equal Access to Justice Campaign
benefiting the Dallas Volunteer Attorney Program. Ms. Blue
Baron has made thisthe single, largest donation in the 16year history of the campaignin memory of the Honorable
Merrill Hartman. Judge Hartman, the founder of legal clinics
for the poor and a pro bono advocate for nearly 30 years, died
on October 15, 2010.
Judge Merrill Hartman was my close friend and mentor,
said Ms. Blue Baron. Whether it was at lunch, a party or
at his assisted living, the conversation was always on helping others and projects for the less fortunate. Judge Hartman
taught me many valuable lessons, but the three most important were the value of giving back, a positive attitude and a
belief that anything is possible. I miss and think of my friend
often and was blessed to have him in my life.
Ms. Blue Barons donation comes at a time when it is
needed more than ever. U.S. Census Bureau poverty statistics
released in October 2010 are staggering. Twenty-five percent,
or 600,000, of the 2.4 million people living in Dallas County
are eligible for free legal aid. To qualify for free legal aid, a
family of four cannot have an annual income of more than
Focus
Lisa Blue Baron
$27,563. Hiring a lawyer is a luxury that DVAPs clients simply cannot afford.
We are truly touched by Lisas generosity, said Ike Vanden Eykel, President of the Dallas Bar Association. Her gift
is an incredible memorial to Judge Hartman who made it his
lifes work to bring justice to the poor. Thousands of poor people have been helped, and thousands of lawyers have heeded
the call. And, now, many more will be served.
Bringing the services to those in need is Ms. Blue Barons
priority. She not only gives money, but she has also given her
time. She is a DVAP volunteer who has used her Spanishspeaking skills to interview clients at the West Dallas Legal
Clinic and to help prove up, or finalize, family law cases for
Spanish-speaking clients who are participating in DVAPs
Spanish Pro Se Program. Over the years, Ms. Blue Baron has
also made CLE presentations to Legal Aid staff attorneys and
launched Baron & Budds pro bono program while she was at
the firm.
Like Ms. Blue Baron, DVAP strives to live up to the
standard set by Judge Hartman by continuing to develop and
improve innovative ways to serve more people with quality
legal help. DVAPs Pro Se Divorce Program, where people
learn how to handle their own simple divorces with the help
of DVAP volunteers and staff, has served as a model for other
similar programs in the State of Texas. DVAPs night court
for pro se litigants and pro bono attorneys is extremely efficient, finalizing dozens of cases in less than two hours and
giving pro bono lawyers and clients the option to finish their
cases after regular business hours. DVAPs outreach to law
firms and corporations helps spread the word to the legal
community about the need for pro bono legal services and
how everyone can help. DVAPs Pro Bono Week, which was
held in October with the DBA Pro Bono Activities Committee, featured CLE programs presented by other Dallas legal aid
agencies and demonstrates DVAPs commitment to support
other groups in their efforts. These are just a few examples of
the programs DVAP has to offer.
Ms. Blue Barons gift will have a tremendous impact on
our pro bono program, said Jerry Alexander, Chair of the
2011 Equal Access to Justice Campaign. Judge Hartman was
a leader and innovator. He has shown so many lawyers how
and why to serve, and Lisa is doing that too. We are so proud
that she is helping to carry on his legacy through Dallas Volunteer Attorney Program.
The Dallas Volunteer Attorney Program is a joint program
of the Dallas Bar Association and Legal Aid of NorthWest
Texas. For more information on the Campaign, please contact
Alicia Hernandez at (214) 220-7499 or ahernandez@dallasbar.org. Recognition levels and donor benefits are available.
In addition, all individual donors at or above the $1,000 level
and all firm and corporate donors at or above the $5,000 level
will be recognized in an ad in the Dallas Morning News during
HN
the week of December 20, 2010.
Alicia Hernandez is the director of the Dallas Volunteer Attorney Program and the DBA director of
community services. She can be reached at ahernandez@dallasbar.org.
Sports & Entertainment Law
SoundExchangeA Digital Royalty

by Craig C. Crafton
A song contains two different legal elements: 1) the

underlying song or composition; and 2) the recorded
performance of the song. Whenever a song is publicly
performed, a royalty is owed to the songwriter (or the
songwriters publisher) for the use of the underlying song
or composition. See generally 17 U.S.C. 106. ASCAP
and BMI collect and administer that royalty. But historically, no royalty was owed under United States law for
the use of the sound recording when that sound recording was publicly performed (on radio or in an establishment). Put simply, broadcast radio played and made
money from sound recordings at will, without having
to pay for use of the copyrighted sound recording. In
fact, the sound recording copyright owners (SRCO)
competed to have their copyrighted sound recordings
exploited. Conversely, in Europe, artists and copyright

owners have historically been paid for the public performance of sound recordings.
But as the financial model for the music business has
changed, so have the legalities regarding the exploitation of sound recordings. The Digital Performance in
Sound Recordings Act of 1995 and the Digital Millennium Copyright Act of 1998 granted, for the first time, a
performance right for sound recordings. Those two Acts
apply to non-interactive digital transmissionsatellite
radio and Internet radio (webcasting)and require payment of a royalty to the SRCO (typically a music label)
and the performing artist for the use of the sound recording. See 17 U.S.C. 114(d)(2).
The U.S. Copyright Office designated SoundExchange, a private, non-profit organization, as the sole
administrative entity for the issuance of the statutory
Inside
5 2011 Dallas Bar Officers Elected
7 The Changing World of Music Royalties
9 Sex, Drugs and Wheaties Boxes: Player Endorsements
13 Coming to a Theater Near You: From Script to Screen
license under the Copyright Act and collection and

remitting of the digital performance royalty for sound
recordings. SoundExchange monitors the playing of
songs on Internet and satellite radio by gathering reporting data. SoundExchange then pays the SRCO, the performing artist (the band), and even featured performers,
a royalty based on the number of plays a song receives.
Although the royalty rate, as set by the Copyright Royalty Board, is fractional, many plays can add up to significant revenue. Under the statute, SoundExchange pays
the SRCO 50 percent of the collected royalty and 45
percent to the performing artist. See 17 U.S.C. 114(g).
The remaining 5 percent of the collected royalty is
reserved to pay side artists through musicians unions.
According to SoundExchange Executive Director John Simpson, SoundExchange is now the secondcontinued on page 13
2 He a d n o t e s l D a l l a s B a r A s s o ciation
Calendar
November Events
December 3 Belo
Noon
FRIDAY CLINICS
The Intangibles: The Will of A Trial Lawyer, Barry Sorrels, DBA President-Elect. (MCLE 1.00)*
December 10 North Dallas**

Noon
Ethics in E-Discovery, Philip W. Goodin and Ernest Higginbotham. At Two Lincoln Centre. (Ethics
1.00)* RSVP to kzack@dallasbar.org. At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy.,
Suite 240 Dallas, Texas 75240. Parking is available in the Visitors Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed
inside the Conference Center. Thank you to our sponsor, Griffith Nixon Davison, P.C
December 17 - Belo
Noon
The Battle of the Active Jurors Whats Really Going On In The Jury Room Chris Ritter. (MCLE 1.00)*
WEDNESDAY, DECEMBER 1
Noon

Employee Benefits/Executive
Compensation Section
Say on Pay and Executive Compensation Proxy
Disclosures Post Dodd-Frank, Susan Wetzel.
(MCLE 1.00)*
Solo and Small Firm Section
Sanctions and Misbehavior in Federal Court:
Bad Faith, Meritless Filings and Reckless
Disregard, Timothy G. Ackermann. (Ethics 1.00)*
Legal Ethics Committee
An Update on the Proposed Revisions to the
Texas Conflict of Interest Rules, Including the
No Sex With Clients Provision. Frederick C. Moss,
John H. Carney and Carol Payne. (Ethics 1.00)*
Public Forum Committee
Federal Bar Association
5 p.m.

Bankruptcy & Commercial Law Section

Bankruptcy Judges Panel Discussion, Bankruptcy
Judges from the Northern and Eastern District of
Texas. (MCLE 1.00)*
THURSDAY, DECEMBER 2
11 a.m.
Noon

D ecem ber 2010
J. L. Turner Legal Association
Intellectual Property Law Section

Trademark Trial and Appeal Board Practice,
Hon. Carlisle Walters. (MCLE 1.00)*
Annual Clerk and Coordinator Awards Luncheon

sponsored by the Judiciary Committee, the
Dallas Bar Foundation and the Federal Bar
Association. RSVP to kzack@dallasbar.org.
Family Law Section Board
St. Thomas More Society
DAYL CLE Committee Meeting
FRIDAY, DECEMBER 3
Noon

Friday Clinic Belo

Courtroom Intangibles: The Will of a Trial Lawyer,
Barry Sorrels, DBA President-Elect. (MCLE 1.00)*
MONDAY, DECEMBER 6
Noon

Tax Section
After the ElectionsWhats Next?A Preview of
Tax Legislative Issues in the Next Congress.
Jeffrey McMillen. (MCLE 1.00)*
Peer Assistance Committee

DAYL Foundation Board of Trustees
TUESDAY, DECEMBER 7
Noon

Corporate Counsel Section

Tips From the Trenches: The Rules of the
Road for 2010, Mark Morton and John
Grossbauer. (MCLE 1.00)*
Tort and Insurance Practice Section
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.

A Policy Debate Whether the Liability of

Third-Party Liability Insurance Carriers Should Not
Be Limited to Stowers and Breach of Contract,
Ernest Martin, Michael W. Huddleston, Beth
Bradley and David Schubert. (MCLE 1.00)*
DAYL Equal Access to Justice Committee

DVAP New Lawyer LuncheonFor more

information, contact Chris Reed-Brown at
reed-brownc@lanwt.org.
Morris Harrell Professionalism Committee
4 p.m.
Senior Lawyers Committee
6 p.m.
DAYL Board of Directors
6 p.m.
Home Project Committee
7:45 a.m. Dallas Area Real Estate Lawyers

Discussion Group
Noon

Energy Law Section

Topic Not Yet Available
Noon

Family Law Section

Parenting Coordination and Parenting Facilitation,
Gay Cox and Honey Scheff. (MCLE 1.00)*
Municipal Justice Bar Association
Non-profit Law Study Group
CLE Committee
5:15 p.m. LegalLineVolunteers welcome.

Second floor Belo.
House Committee Walk Through
DAYL Lunch and Learn How to be a RockStar

Associate. For more information, e-mail
cherieh@dayl.com.
5:15 p.m. LegalLineVolunteers welcome.

Second floor Belo.
11:30 a.m. DAYL Barristers for Babies
Noon

Environmental Law Section

The Metroplex at the Waters Edge: Let the Wars
Begin, Mark McPherson. (MCLE 1.00)*
Library Committee
Publications Committee
Christian Lawyers Fellowship
6 p.m.
J. L. Turner Legal Association
Dallas Women Lawyers Association
FRIDAY, DECEMBER 10
Friday Clinic North Dallas**

Ethics in E-Discovery, Philip W. Goodin and
Ernest Higginbotham. At Two Lincoln Centre.
(Ethics 1.00)*
Noon

MONDAY, DECEMBER 13
8:30 a.m.

Franchise & Distribution Law Section

What Every Non-Franchise Attorney Should Know
About Franchise Law, Maral Kilejian, Dyan House
and Earsa Jackson. (MCLE 4, including 1.00 Ethics)
Noon

Real Property Law Section

Update on the Texas SAFE Mortgage Licensing
Act and the Dodd-Frank Mortgage Reform and
Anti-Predatory Lending Act, Douglas Foster.
(MCLE 1.00)*
Community Service Fund Board
Dallas Hispanic Bar Association
DAYL Foundation Fellow Committee
Dallas Diversity Task Force

Fifth Annual DDTF Report Release & Panel
Discussion. Diversity in theTop 20 DallasFirms:
WhereAreWeFiveYearsLater?Come Learn
Strategies for a Successful Career from our Panel
ofTop Lawyers. For more information, visit
www.diversitytaskforce.com or e-mail
mail@diversitytaskforce.com.
6 p.m.

DBA Family Holiday Party

Enjoy pictures with Santa, face-painting,
tap-dancing, toy trains and more! For more
information, contact rthornton@dallasbar.org.
TUESDAY, DECEMBER 14
Noon

Business Litigation Section

Adventures in Error Preservation, Scott Stolley.
(MCLE 1.00)*
Mergers and Acquisitions Section

Lyin, Cheatin and M & A Stealin: Negotiating
the Fraud Exemption, Wilson Chu, Peter Flocos,
Gregg Hidalgo and Soren Lindstrom. (MCLE 1.00)*
11:30 a.m. DAYL Foundation Fellows Luncheon
Noon

Appellate Law Section

U.S. Supreme Court Update, Kirsten Castaneda.
(MCLE 1.00)*
Pro Bono Activities Committee (at DVAP offices,

1515 Main Street, Dallas, TX 75201)
Dallas Gay and Lesbian Bar Association
3:30 p.m. DBA Board of Directors
FRIDAY, DECEMBER 17
Noon

Friday Clinic Belo

The Battle of the Active Jurors Whats Really
Going On In The Jury Room Chris Ritter.
(MCLE 1.00)*
Trial Skills Section

MONDAY, DECMEBER 20
Noon

Labor & Employment Law Section

FLSA Year in Review, Rob Wiley. (MCLE 1.00)*
Noon
DAYL Elder Law Committee
No DBA Meetings Scheduled
FRIDAY, DECEMBER 24
DBA Offices Closed for Christmas Eve Holiday
FRIDAY, DECEMBER 31
No DBA Meetings Scheduled. Offices close at 1 p.m.
MONDAY, JANUARY 3
Noon

Tax Section
TUESDAY, JANUARY 4
Noon

Corporate Counsel Section

Tort and Insurance Practice Section

Settlement Issues in Multi-Party Litigation from
the Plaintiff and Defense Perspectives, Bill Cobb
and Randy Johnston. (MCLE 1.00)*
Peer Assistance Committee
6 p.m.
DAYL Board of Directors
DBA MEMBER REMINDER:

Your 2011 DBA DUES STATEMENT will be mailed to your office or home on October 15, 2010.
2011 DBA DUES must be paid by December 31, 2010 to continue receiving all your member benefits.
Thank you for your support of the Dallas Bar Association!
If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Cathy Maher at 214/220-7401 as soon as possible and no later than two business days before the seminar.
All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION.
*For confirmation of State Bar of Texas MCLE approval, please call Teddi Rivas at the DBA office at 214/220-7447.
**For information on the location of this months North Dallas Friday Clinic, contact KZack@dallasbar.org.
De c e mb e r 2 0 1 0
D al l as Bar A ssoci ati on l Headnotes 3
Goranson, Bain, Larsen, Greenwald, Maultsby & Murphy, PLLC

Dallas 214.373.7676 Plano 214.473.9696 :: gbfamilylaw.com
D ecem ber 2010
Headnotes
President's Column
Published by:
DALLAS BAR ASSOCIATION
Quite a Year
by ike vanden eykel
It has been almost one year since I had the honor of assuming the position as the 101st President of the Dallas Bar
Association. The year 2010 has almost come and gone and it is
hard to believe this is my last column as head of this wonderful
organization. It has been a privilege to serve our bar association
and all of our members this year. With the backing of a tremendous staff and the support of our Board of Directors, Team DBA
has been able to handle what has confronted us, and hopefully
we will leave the place a little better than we found it in January
of this year, which was one of my goals for the year.
The start of our great year saw the Dallas Bar Inaugural held
at our own Pavilion and the event was by all accounts a stunning success. Our partner Culinaire rose to the occasion and
presented our home in a fashion that took your breath away.
The Master of Ceremonies for the 2010 Inaugural was our 100th
President Christina Melton Crain and she was without question both gracious and inspiring.
I would be remiss in not thanking our
Executive Director, Cathy Maher, and her
talented staff for their unwavering support
and guidance throughout this year. We are
truly fortunate as an association to have this
team in place and to be able to rely on them
as we move into the second decade of the 21st
Century. I have been blessed to have them on
my side throughout my presidency.
One of the most important undertakings of
our organization each year is the Campaign for
Equal Access to Justice. This effort has been
led for 2010 by Chair Jerry Alexander and
Co Vice-Chairs Brad Weber and Rob Crain.
They have led another all-star group in the
effort to raise money for the Dallas Volunteer
Attorney Program, which is the vehicle through which the
Dallas Bar is able to extend help in the form of legal representation to the less fortunate of Dallas. DVAP is one of the crown
jewels of the DBA and this years campaign is something that all
of us can be proud of and point to as a stellar example of what
the Dallas Bar Association and its members feel is important
and valuable.
Another project for 2010 that I feel has been embraced by
many in the DBA has been Vision 2020. This commission has
also been led by Chair Jerry Alexander with tremendous help
from Co Vice-Chairs Kim Askew and Rob Crain. The charge
to this commission was to look at the needs of the profession
and our association currently and 10 years from now to see what
will be needed to keep the Dallas Bar Association in a position
to lead in the year 2020 and be able to service the needs of our
members, as well as the City of Dallas. This has been a very
large responsibility and we are all benefitting from the hard
work of this group.
Our profession has continued to experience one of the most
tumultuous periods in many decades. There have been a lot of
displaced attorneys as a result of the economic downturn and
Board of Directors Roundup

Scott McElhaney, Chair, called the October 21 meeting to
order and welcomed and introduced guests, including representatives of the sister bars, who were in attendance for the annual
joint meeting.
Jerry Alexander, Chair of the Equal Access to Justice
Campaign, gave an update on the Campaign, stating that raffle
tickets are selling well and that $203,000 has been raised toward the $600,000 goal.
Jose Ortiz, President of the Dallas Hispanic Bar Association updated the Board on this years DHBA activities and announced that DHBA has been selected to host the National
Hispanic Bar convention in 2011.
Reporting for the Dallas Asian American Bar Association,
President Hope Shimabuku stated that DAABA membership
has increased greatly from 15 members in 1998 to 214 members
to date. Eunice Kim Nakamura, DAABA President-Elect,
explained the associations nine committees and their purposes.
Sean Hamada, board member of DAABA, reported on those
DAABA members who have been recognized in the community with various awards.
Karen McCloud, President of J.L. Turner Association,
thanked the Board for their support of the annual scholarship
banquet and explained that the organization offers many activities for its members throughout the year.
Reporting on the Dallas Association of Young Lawyers,
President-Elect Penny Blackwell stated that the organization
now has over 3,000 members and puts on numerous activities
and fundraisers throughout the year. She also reported that
DAYL continues to have an active Foundation, having distributed over $17,000 in grants this year.
There being no further business, the meeting was adjourned.
the DBA has tried to be of service to those who have been hit
the hardest by the economic difficulties that have hit our country and the world. We have tried to reach out to those in need
and provide the type of services they need in order to retool
and move forward in their careers. This is another example of
something we can be proud of as a bar association.
The year 2010 saw a continuation of the highly successful
Transition to Law Practice Program, which is designed to provide mentors for new attorneys so that they can benefit from the
experiences and advice of older attorneys and learn to practice
law ethically and successfully. The program was the brainchild
of our own Justice Douglas Lang and this year it has been
chaired by Laura Benitez Geisler. The program is expanding
to other areas of our state and its success is a testament to the
vision of Justice Lang.
We have been able to honor several of our members in
2010 with awards and recognition that were well deserved. Kim
Askew received the Martin Luther King, Jr. Justice Award at
the annual MLK Luncheon this year. Kim has been
active in all aspects of the Dallas Bar Association for years, as well as being a major player in
both the State Bar of Texas and the American
Bar Association. We owe a lot of gratitude to
Kim Askew for her continued support of the
Dallas Bar and our community.
The recipient of the Morris Harrell Professionalism Award at the DBA Annual Meeting this year was Mike Baggett, who served
as President of the Dallas Bar Association in
2000. Mike has been a tremendous asset to
the Dallas Bar for many years and his leadership qualities are legendary around the Belo
Mansion. He was instrumental in the success
of the campaign to fund the construction of
the Pavilion, of which we are all so proud. Mike
is the textbook example of professionalism and he is a great
example for generations of new attorneys in the Dallas Bar.
The Dallas Bar was fortunate to have many gifted and inspiring speakers and events at our own Belo Mansion and Pavilion
in 2010. One of the highlights of this year was the address by
the Honorable Barbara M.G. Lynn at the annual Law Day luncheon. Judge Lynn was both entertaining, as well as inspiring in
her presentation, and we appreciate her being available to our
membership at this event.
The Dallas Bar and its guests within the media were richly
entertained by the presentation of Kenneth Starr, who was the
keynote speaker at the 27th annual Philbin Awards Luncheon.
Mr. Starr is former U. S. Solicitor General and current President of Baylor University and he packed the house at this years
event.
It has been my honor and privilege to serve the Dallas
Bar Association as President in 2010. I have had the opportunity to connect with many of our members during the year
and I will always cherish my memories of this year. Thank
you for your support and for giving me the opportunity to
HN
serve the Dallas Bar Association.
2101 Ross Avenue

Dallas, Texas 75201
Phone: (214) 220-7400
Fax: (214) 220-7465
Website: www.dallasbar.org
Established 1873
The DBAs purpose is to serve and support the legal profession
in Dallas and to promote good relations among lawyers, the
judiciary, and the community.
OFFICERS
President: Ike Vanden Eykel
President-Elect: Barry Sorrels
First Vice President: Paul K. Stafford
Second Vice President: Sally Crawford
Secretary-Treasurer: Wesley Young
Immediate Past President: Christina Melton Crain
Directors: Scott M. McElhaney (Chair), Brad C. Weber
(Vice Chair), Jerry C. Alexander, Hon. Jane J. Boyle (At
Large), Wm. Frank Carroll, E. Leon Carter, Rob Crain, Jennifer Edgeworth (President, Dallas Association of Young
Lawyers), Laura Benitez Geisler, Michael K. Hurst, Hon.
Marty Lowy, Michele Wong Krause, Karen McCloud
(President, J.L. Turner Legal Association), Jose Ortiz (President, Dallas Hispanic Bar Association), Mary Scott, Hope
Shimabuku (President, Dallas Asian American Bar Association), Scott P. Stolley (At Large), Diane M. Sumoski and
Debra K. Thomas.
Advisory Directors: Penny Brobst Blackwell (PresidentElect, Dallas Association of Young Lawyers), Eric Blue
(President-Elect, J.L. Turner Legal Association), Eunice Kim
Nakamura (President-Elect, Dallas Asian American Bar
Association) and Hon. Teresa Guerra Snelson (PresidentElect, Dallas Hispanic Bar Association).
Delegates, American Bar Association:
Rhonda Hunter, Hon. Douglas S. Lang
Directors, State Bar of Texas: Talmage Boston, Christina
Melton Crain, Beverly Bell Godbey, Robert R. Roby, Frank
E. Stevenson, II
HEADNOTES
Executive Director/Executive Editor:
Catharine M. Maher
Communications / Media Director
& Headnotes Editor: Jessica D. Smith
Calendar: Kathryn Zack
In the News: Judi Smalling
Art Director: Thomas Phillips
Advertising: Karla Howes
PUBLICATIONS COMMITTEE
Co-Chairs: Vincent J. Allen, Timothy G. Ackermann and
Suzanne Raggio Westerheim
Vice-Chairs: Lea N. Clinton and Paul R. Clevenger
Members: H. Joseph Acosta, Natalie Arbaugh, Wesley J. Bailey, Heather J. Barbieri, Vance L. Beagles, Eric Blue, Barbara
Boudreaux, Quentin Brogdon, Lance E. Caughfield, Christina Melton Crain, Pat Driscoll, Dawn E. Fowler, Floyd R.
Hartley Jr., John Thomas Hayes, Paul W. Herring, Mary
Louise Hopson, Victor Johnson, Arshil A. Kabani, Mike
Keliher, Jamie McKey, Elizabeth Jo McShan, Thomas L.
Mighell, Mitchell S. Milby, Clay Miller, Jennifer Mitchell,
Hon. Jim Moseley, Sonia Navia, Heather Bailey New, Jenna
Page, Kirk L. Pittard, Irina B. Plumlee, Robert D. Ramage,
Andrew Baxter Ryan, Gregory W. Sampson, Steven D. Sanfelippo, Barry Sorrels, Paul K. Stafford, Scott B. Stahl, Amy
E. Stewart, Sherry L. Talton, Debra K. Thomas, Ike Vanden
Eykel, Peter S. Vogel, Thomas Williams, Courtney Willis,
Elizabeth A. Wilson and Sarah Q. Wirskye.
DBA & DBF STAFF
Executive Director: Catharine M. Maher
Accounting Assistant: Shawna Bush
Communications / Media Director: Jessica D. Smith
Controller: Sherri Evans
Director of Community Services:Alicia Hernandez
Events Coordinator: Rhonda Thornton
Executive Assistant: Michelle Dilda
Executive Director, DBF: Elizabeth Philipp
LRS Program Assistant: Biridiana Avina
LRS Interviewer: Marcela Mejia
Law-Related Education & Programs
Coordinator: Amy E. Smith
Membership Coordinator: Kimberley Watson
Projects & Communications Assistant: Kathryn Zack
Publications Assistant: Judi Smalling
Receptionist/Staff Assistant: Teddi Rivas
DALLAS VOLUNTEER ATTORNEY PROGRAM
Director: Alicia Hernandez
Managing Attorney: Michelle Alden
Volunteer Recruiter: Chris Reed-Brown
Paralegals: Whitney Breheny, Lakeshia McMillan,
Andrew Musquiz, Jigna Gosal, Tina Douglas
Data Entry/Office Support: Patsy Quinn
Copyright Dallas Bar Association 2010. 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 Associations 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.,
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De c e mb e r 2 0 1 0
2011 Dallas Bar Officers Elected

by Jessica D. Smith
Members of the Dallas Bar elected its

2011 officers during the Annual Meeting on
November 5. The officers are: Barry Sorrels,
president; Paul K. Stafford, president-elect;
Sally Crawford, first vice president; Scott
McElhaney, second vice president; Sean
Hamada, Secretary-Treasurer; and Ike Vanden Eykel, as immediate past president.
Mr. Stafford was elected to the office
of president-elect by acclamation, following
nominating speeches by 2004 DBA Past
President Rhonda Hunter, and 2008 DBA
Past President Frank E. Stevenson II.
Additionally, candidates were nominated
to fill the expiring directors positions on
the DBA Board. The names listed on the
ballots sent to members were Jerry Alexander, Frank Carroll, John Goren, Hon.
Martin Hoffman, Karen McCloud, Audrey Moorehead, Florentino A. Ramirez,
Hope Shimabuku, Diane Sumoski and
Brad Weber. Ballots were due back to the
DBA on November 22 (results were not
available at press time). Upon election by
the membership, six of these nominees
will assume positions on the 2011 Board of
Directors. The presidents of the Dallas-area
sister bar associations will also serve on the
2011 board.
Numerous DBA past presidents attended
the Annual Meeting and were recognized,
as were emeritus members who have been
licensed to practice law more than 50 years.
Also recognized were Lawyer Referral Service
panelists with more than 10 years of service.
Mr. Vanden Eykel announced that the association has grown to 10,307 members.
John Goren, Chair of DBA Memorial
& History Committee, led members as the
association honored members who have
passed away in the past 12 months.
Each year, the Texas Center for Legal
Ethics & Professionalism co-sponsors the
presentation of the Morris Harrell Professionalism Award with the DBA. The award
At the DBA Annual Meeting Nov. 5, members elected Barry Sorrels (seated) as the 2011 President.
Other members of the executive committee include (left to right) Sean Hamada, Secretary-Treasurer; Scott McElhaney, Second Vice President; Paul Stafford, President-Elect; Sally Crawford, First
Vice President; Ike Vanden Eykel, Immediate Past President; and Brad Weber, current Vice Chair.
was created in 1999 in honor of DBA Past

President Morris Harrell to recognize an attorney who best exemplifies, by conduct and
character, truly professional traits who others
in the bar seek to emulate. This years Morris
Harrell Professionalism award recipient was
Mike Baggett, of Winstead P.C.
The Jo Anna Moreland Outstanding
Committee Chair Award is presented annually to dedicated individuals who perform
a remarkable job as committee chairs. This
year, the award was presented to the leaders
of the Community Involvement Committee. Meyling Ly, of William Wolf, P.C.,
and Katie Anand, of Taber, Estes, Thorne,

Carr P.C., co-chairs of the committee, have
worked diligently to get the DBAs name
and activities out in the Dallas community.
The committee has coordinated the Habitat
for Humanity Home Project, having just
completed its 19th house; the school supplies drive in which Fox 4 News named them
Hometown Heroes; a reading program and
book drive at Mi Esculita; an office supply
drive; an arts and crafts project for at-risk
children; and food and clothing drives, just
to name a few.
To honor the work of exceptional DBA
Sections, the Special Section Recognition

Award is presented to a section for advancing
the professional interests and legal education
of its members.
This year, the DBA presented the award
to two sections. The first award went to the
Tort & Insurance Practice Section chaired
by Mike Huddleson, of Shannon Gracey.
This section did more than just outstanding
monthly CLE programs. Activities included
instituting the Legends Program honoring
trial legends and setting up a $30,000 endowment for the State Mock Trial Program to
sponsor the Outstanding Advocate Award.
The second Special Section Recognition
Award was presented to one of the DBAs
oldest sectionsthe Probate Section, chaired
by Elizabeth Howard, of Locke Lord Bissell
and Liddell (2009-2010 chair), and Michael
Cohen, of Michael Cohen & Associates
(2010-2011 chair). In addition to its monthly
CLEs, this section publishes a Probate Manual, contributes to DVAP and participates in
Habitat for Humanity and Bar None.
Since 2002, the DBA has recognized a
minority bar leader for outstanding commitment, participation and dedication to the
DBA. This year, the award was presented to
Sean T. Hamada, of Sean T. Hamada, P.C.,
for his extensive service on various committees and contributions to successful events.
Presidential Citations were also presented
to behind-the-scenes members who have
faithfully performed often time-consuming
tasks for the association. Recipients were:
Josiah Daniel for his work on the Legal History Discussion Group; John Goren, for his
dedication to the Belo Mansion and his outstanding commitment to the Memorial and
History Committee; Jerry Alexander for his
outstanding work as Chair of the Campaign
for Equal Access and Vision 2020 Commission; and to the lawyers of Jackson Walker
for their participation in the Transition to
Law Practice Program, and Kim Askew was
recognized for her commitment to the DBA
HN
as an ABA Delegate.
6 H e a d n o t e s l D a l l a s B a r A s s o ciation
D ecem ber 2010
Celebrate Pro Bono!
The week of October 25-29 was National Pro Bono Week. To celebrate,
the DBA and DVAP hosted daily CLEs, two legal clinics and hosted the
Pro Bono Awards on October 28 to recognize those who go above and
beyond in their pro bono service. The 2010 Pro Bono Lawyer of the Year
went to Sean Whtye of Jones Day and the Pro Bono Firm of the Year
was Haynes and Boone, LLP. Congrats to all of the award recipients and
thank you for your service!
~In Memoriam~
Since 1875, the DBA has honored

recently deceased members by passing resolutions of condolences. This tradition continues through the work of the
DBA Memorial & History Committee.
To view the Memorial Resolutions presented to the
families of deceased members,
visit http://www.dallasbar.org/inmemoriam.
Michael Steven Becker (1954-2010), a 1979 graduate of the Brooklyn Law School
Samuel J. Ferro, Jr. (1943-2010), a 1968 graduate of University of Missouri Columbia
School of Law
Elizabeth Gilday (1959-2010), a 1983 graduate of Texas Tech University School of Law
Hon. Merrill Hartman (1939-2010), a 1965 graduate of the University of Texas Law School
Angela Kari Hites (1982-2010), a 2007 graduate of Baylor Law School
John Price Koons (1925-2010), a 1948 graduate of SMU Law School
Ernest A. Laun (1952-2010), a 1977 graduate of SMU Law School
James Howard Lennon, Sr. (1924-2010), a 1948 graduate of Baylor Law School
Romina Lorina Mulloy-Bossio Levine (1974-2010), a 2001 graduate of Vanderbilt
University Law School
Jack Little (1934-2010), a 1959 graduate of the University of Texas Law School
William A. McKenzie (1923-2010), a 1949 graduate of SMU Law School
Cher yl J. Moore (1951-2010), a 1976 graduate of Syracuse College of Law
H. Louis Nichols, III (1916-2010), a 1940 graduate of SMU Law School
Hon. R. Lewis Nicholson (1942-2010), a 1967 graduate of SMU Law School
W.E. Notestine (1931-2010), a 1954 graduate of the University of Texas Law School
David Park (1940-2010), a 1966 graduate of Harvard Law School
Hon. Rolland T. Scales (1923-2009), a 1957 graduate of SMU Law School
David J. White (1946-2009), a 1972 graduate of the University of Texas Law School
James Franklin Williams (1920-2009), a 1948 graduate of SMU Law School
Pro Bono Advocate Hartman Dies

The pro bono world lost one of its greatest advocates when Judge Merrill Hartman
passed away October 15 at the age of 71. A
graduate of the University of Texas School
of Law, Judge Hartman had a legal career
that spanned nearly
40 years, in which
he served as a federal
prosecutor, a lawyer
and a judge in two
district courts. But
perhaps what he will
be remembered most
for is his pro bono
advocacy.
Hon. Merrill Hartman
Judge Hartman
began offering legal assistance to the poor
in the early 1980s. Shortly thereafter, he
decided to start a neighborhood legal clinic.
He recruited and encouraged other lawyers
to do pro bono work, and his efforts became

the foundation and the blueprint for the
Dallas Volunteer Attorney Program, as well
as other clinics across the state and nation.
In addition, Judge Hartman began hearing
cases at night court at the clinics to continue
to bring the legal system to those in the Dallas area who could not afford legal services.
Judge Hartman received numerous honors and accolades throughout his lengthy
career, some of which included the American
Board of Trial Advocacys Judge of the Year
Award for Texas in 1996 and the American
Jewish Committees Learned Hand Award
in 2000. DVAPs annual Pro Bono award is
named in his honor.
Judge Hartman is survived by his wife,
Sally Hartman; his daughter Melinda Eitzen,
a Dallas attorney; son, Max Hartman; daughter Melissa Couture; sister Vivian Whitaker;
HN
and four grandchildren.
D e c e mb e r 2 0 10
Focus
The Changing World of Music Royalties

by Charles McGarry
A century ago, piano rolls were the largest source of revenue in popular music. Today,
the music industry generates over $160 billion in worldwide revenue, less than 10 percent of which is from the sale of recorded
music. As the industry evolves, new revenue
sources continue to be created.
The pecuniary value of music lies in two
distinct copyrights: one for the song, and one
for each recorded version of that song. The
song is initially owned by the songwriter(s),
who may then transfer the copyright to a
music publisher for licensing and the collection of royalties. A recording is originally
owned by all the musicians, engineers and
producers who contribute to its creation, but
copyright ownership is usually consolidated
in a record company by a series of written
agreements.
The song and the recording generate separate revenues. A song generates mechanical
royalties, print royalties, performance royalties, home recording royalties and synchronization royalties. In contrast, recording artists
received only royalties from the record companys sales, until the digital age brought about
statutory performance and home recording
royalties. Artists also share master use license
fees with the record company. Understanding
each revenue stream is essential to properly
advising a client involved in the creation of
music.
A mechanical royalty is paid for the
right to record a song. Once a song has been
recorded and released, federal law grants a
compulsory mechanical license for all subsequent cover recordings produced and sold
domestically, at a rate determined by three
Copyright Royalty Judges (CRJ). This rate is
currently 9.1 cents per copy for songs under
five minutes. Record companies typically
negotiate a lower rate rather than rely on the
compulsory license. The Harry Fox Agency

acts as a central clearing house in administering mechanical licenses. Other countries
have similar organizations. In 1998, the compulsory mechanical license was extended to
digital downloads, on-demand streaming and
ringtones, also at rates set by the CRJ.
Print royalties are paid for sheet music
and other printed reproductions of a song.
Rates are individually negotiated.
Performance royalties are payable for live
and recorded performances, radio and television broadcasts and non-interactive internet
streaming. The writer and publisher typically
join a performing rights organization (PRO)
such as ASCAP, BMI or SESAC to collect
license fees from any business that plays music.
There are also a number of foreign PROs.
Each PRO determines the fee it charges and
the manner in which it allocates those fees.
Unlike other royalties, which are paid to the
publisher then shared with the writer, each
PRO pays their writers and publishers separately. If a writer has no publisher, half the
royalty will be lost. Consequently, a writer
who retains ownership of a song must form
their own publishing company to receive the
entire royalty.
Performers and record companies do not
receive performance royalties for broadcasts
in the United States, but do receive them for
broadcasts in most other countries. Consequently, it is important to obtain assistance in
administering sound recordings in each country where the recording is broadcast. Performers and record companies were granted a
statutory performance royalty in 1995 for the
use of their recordings by cable and satellite
subscription services (e.g., the music channels on DirecTV), non-interactive internet
streaming, and satellite radio. The CRJ also
set these rates, and SoundExchange collects
and distributes these royalties, which are
divided 50 percent to the record companies,
45 percent to the featured artists, 2.5. percent

to non-featured musicians and 2.5 percent to
non-featured vocalists.
Since 1992, part of the price for audio
recording devices and blank recording media
is paid to the Copyright Office to offset losses
for the copying of music. Two-thirds of this
money is divided among featured recording
artists, record companies, non-featured musicians and vocalists. The remainder is divided
between publishers and writers. Claims must
be filed with the Copyright Office each year,
and the CRJ determine how the funds are distributed.
A synchronization license fee is paid to

reproduce a song in a film, television program
or commercial. A master use license fee must
also be paid to use a particular recording of the
song. Both fees are typically one-time payments. However, each repeat on television
generates additional performance royalties.
As technology changes, both the sources of
music revenue and the players involved in collecting it will continue to evolve. HN
Charles McGarry is the former Chief Justice of the Fifth District Court of
Appeals and a former chair of the DBA Sports and Entertainment Law
Section. He can be reached at cmcgarry@ix.netcom.com.
Philbin Awards Luncheon
Nearly 300 DBA members filled the Pavilion at the 27th annual Philbin Awards Luncheon to
recognize excellence in legal reporting. Attendees included (left to right) Leon Carter, keynote
speaker Kenneth Starr, and DBA President Ike Vanden Eykel.
were committed to
creating a diverse
workplace.
THATS WHAT WE DO, EVERY DAY. At Special Counsel, diversity is an ongoing commitment. Thats one of the reasons
why our clients rely upon our full range of legal staffing solutions. They know that we actively recruit the best and most
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Dallas Adolphus Tower (214) 698-0200
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specialcounsel.com
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D ecem ber 2010
Judicial Profile: Judge Elizabeth Frizell

by Andy Ryan
Lawyers who practice in front of

Judge Elizabeth Frizell are often found
around her office in the Frank Crowley
Courts Building. For these lawyers, the
verdict on Judge Frizell is simple: shes
guilty of being hardworking and fair.
Judge Frizell presides over Dallas
County Criminal Court #11, which is
an assault family violence misdemeanor
court. She only hears family violence
cases and, sadly, Judge Frizells court is
very busy. She typically has 10 jury trials set every Monday through Wednesday, with an additional 15 to 20 bench
trials set for each Thursday and Friday.
But Judge Frizell always wanted to
be a trial lawyer and judge. I knew
from the time I was 12 that I wanted
to be a trial lawyer, said Judge Frizell,
and I knew I wanted to be a criminal
lawyer. She noted that while she had
thought she would change her mind as
she grew up, she never did.
Judge Frizell was born in Fort Worth
and was raised in Kansas City, Kansas.
She returned to Texas to attend Prairie
View A&M University, and then Texas
Southern Law School. Her third year
of law school solidified her childhood
dream of becoming a criminal lawyer,
when she had an externship with the
U.S. Attorneys office that made her
want to try cases as often as I could.
Judge Frizells first job was with the
Department of Justice in Dallas. After
a stint at the DOJ, Judge Frizell entered
the private sector, where she was in
solo practice for more than 13 years.
Her practice focused on representing
clients in criminal, family and juvenile
Judge Elizabeth Frizell
law matters.
In the late 1990s, Judge Frizell got
her first taste of the bench when she
became an associate municipal court
judge for the City of Dallas. This role
permitted Judge Frizell to continue her
private practice part-time, which was
an advantagebecause [I] got to see
the perspective of the judge. It gave
you a different perspective when you
were trying the case.
Judge Frizell was elected to preside
over County Criminal Court #11 in
November 2006. She ran a grass-roots
campaign that included knocking on
doors to discuss issues with voters. This
gave Judge Frizell an inside point of view
on what the voters wanted in a misdemeanor court judge. A lot of people
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came up to me and said, you know, Ive

never had a judge come and knock on
my door. So I would sit there and talk
with them, and I would find out their
different views and perspectives, which
was really interesting for me.
In addition to punishing deserving
defendants, Judge Frizell is proud of her
courts ability to prevent future family
violence through tailored rehabilitation programs. Once a month, Judge
Frizell holds a conditional dismissal
docket, which allows the state to defer
sentencing in exchange for the defendants agreement to receive counseling
from a state-sanctioned provider.
The most prevalent of these programs is Batterers Intervention Prevention (BIP). BIP requires the defendant to sign a contract with the State
agreeing to attend a one-hour BIP class
every week for six months. The BIP
classes are geared toward changing the
offenders negative view of the spouse
or significant other. They are administered by private providers, but paid for
by the defendants.
When she is not on the bench,
Judge Frizell spends as much time as
she can with her family, including her
2 childrena 10-year-old daughter and
a 7-year-old son. Judge Frizells children share her active lifestyle, which
includes skiing, running and tennis. I
love to ski anytime I have the chance.
Her children are also budding skiers
and snowboarders, and recently used
one of her old campaign signs as a sled
when heavy snow hit Dallas earlier this
year.
After three years on the bench,
Judge Frizell is very pleased to preside
over Dallas County Criminal Court
#11. When asked her opinion of the
past three years, she says: This is the
best job Ive ever had. I love this job.
Ill be here as long as the people allow
HN
me to be.
Andy Ryan is a senior litigation associate at Diamond McCarthy LLP and a member of the DBAs Publications Committee. He can be reached at ARyan@diamondmccarthy.com.
Appealing to the Public

On October 18,
justices from the Fifth
District Court of Appeals heard a live oral
agreement at the Belo
Mansion in front of
400 DISD students.
The presiding justices
included (left to right)
Hon. Michael ONeill,
Hon. Mary Murphy and
Hon. Robert Fillmore.
10 Week Course Spring 2010

January 18-March 22. 6:00-7:30 p.m.
Beginning Level II-Tuesdays
Beginning Level I-Wednesdays
Beginning Level VI-Thursdays
Class cost: $180. Deadline to sign up: January 10
For more information, contact Teddi Rivas at TRivas@dallasbar.org or (214) 220-7447
DVAPs Finest
Star Carter
Star Carter is a fourth-year corporate associate in the Dallas

office of Weil, Gotshal & Manges LLP. Star has always had a
passion for giving back to those less fortunate and utilizing her
law degree to assist those less fortunate in the local community.
She began taking on DVAP pro bono cases in her first year
of practice, and she recently served as the 2010 Weil Gotshal
Lend-A-Lawyer in the DVAP office. Star regularly volunteers
at DVAP legal clinics and has handled several pro bono matters, including name change, divorce, adoption, guardianship,
wills, contract disputes and asylum matters. As a corporate
transactional attorney, Star enjoys representing large institutional clients in mergers
and acquisitions and other private equity transactions. However, she enjoys practicing different facets of law as well as acquiring courtroom experience in her capacity
as a pro bono attorney. There is no better feeling than when your pro bono client is
on the verge of tears and is hugging you and thanking you for the positive outcome
you achieved for him or her, she said. On her recent assignment as a 2010 LendA-Lawyer with DVAP, Star said, DVAP is a wonderful place to work and help out
those who could not otherwise afford legal assistance. As an attorney in the DVAP
office, I got to personally witness how much the DVAP employees and volunteers
change their clients lives for the better. I am truly fortunate that Weil and DVAP
afforded me such a wonderful opportunity. Thank you, Star!
Pro Bono: Its Like Billable Hours for Your Soul.

To volunteer or make a donation, call 214/748-1234, x2243.
A joint legal aid program of the Dallas Bar Association and Legal Aid of NorthWest Texas
(formerly Legal Services of North Texas).
De c e mb e r 2 0 1 0
Focus
Sex, Drugs and Wheaties Boxes: Player Endorsements

by Kate Jett and Andrew Medeiros
Its the finest cola drink I ever

tasted. In 1939, former New York Yankee great Babe Ruth entered into a contract with Red Rock Cola, permitting
the use of his image and endorsement
on promotional print advertisements.
The Red Rock ads are one of the earliest examples of player endorsements.
More than 70 years later, this practice
has become an advertising staple.
By attaching products to the goodwill created by the celebrity of star
players, advertisers are better able to
connect with consumers. The right
player endorsement is believed to
increase product sales so much that
some advertisers are willing to invest
millions of dollars in a single player.
This past June, for example, Reebok,
in the midst of an infamous economic
downturn, signed Washington Wizards rookie John Wall to a five-year,
$25 million endorsement contract.
Wall has yet to play in an official NBA
game.
Like all investments, however,
player endorsements are not without
risk. Problems can arise when a players actions off of the field place him or
her in a negative light. After all, the
value of player endorsements is based
in large part on the publics perception
of that athlete as a person. Thus, if a
player is convicted or merely suspected
of a violent crime, drug use, sports
gambling or some other form of illegal
or immoral behavior, the value of the
endorsement could depreciate quickly
and even harm an advertisers sales.
The Tiger Woods scandal provides
a classic example of advertisers reacting directly to public perception. Even
before all the facts were made known,

advertisers began fleeing. Accenture,
AT&T, Tag Heuer, Gillette and Gatorade have all either terminated their
contracts with Woods or severely limited his role in their advertising campaigns. Olympic swimmer Michael
Phelps faced similar public scrutiny
when photographs of his using marijuana at a college party surfaced. While
not charged with a crime, Phelps lost
his endorsement deal with Kellogg.
To protect against these public relations nightmares, advertisers may rely
on morals clauses. A strict morals
clause might protect against a player
engaging in any act involving moral
turpitude or being involved in any
situation or occurrence including,
but not limited to, the use of drugs or
alcohol, or otherwise tending to bring
himself into public disrepute, contempt, scandal, or ridicule. A more
lenient morals clause might only protect against a player being arrested or
convicted of a crime.
Although these catchall provisions
seem to provide much-needed contractual protection for when a players
actions threaten to depreciate the value
of the endorsement, a players agent at
the bargaining table may not always
be willing to acquiesce. For example,
an advertisers proposed endorsement
contract might contain a morals clause
that only requires suspicion or reports
of misconduct to trigger termination
rights. Or, when dealing with high-risk
players, the advertiser might tailor the
morals clause specifically to that players history with a particular vice, such
as gambling or alcoholism.
However, after contract negotiations, the final version of the morals
clause will often require that the player

be charged or convicted before triggering termination rights. In addition, the
agent may have successfully negotiated
for inclusion of an arbitration clause
that takes away the advertisers unilateral right to decide whether the player
breached the morals clause. If the conviction or arbitration takes months or
even years to occur, the morals clause
is effectively useless.
Even so, morals clauses can be a
significant asset, and advertisers have
surely taken notice. In 1997, less than
half of endorsement deals were estimated to have a morals clause. Five
years later, that number was estimated
around 75 percent, and it has presumably since risen further. This is not surprising, as the value of endorsements
and the media scrutiny of athletes have
increased dramatically. Thus, advertisers must calculate the risks of hiring an
expensive, but sure-fire moral standby
like Peyton Manning, against cheaper
and less predictable stars who may
have rocky pasts. Of course, the Woods

and Phelps incidents have proved that
even the most model of citizens can
make poor decisions.
Additionally, some advertisers have
also attempted to hedge these risks
by using multiple players in the same
advertising campaign. As an additional safeguard, some advertisers have
opted to acquire the rights to retired or
even deceased athletes. The message is
clear: with millions of dollars tied to a
players reputation, an advertiser must
be able to act quickly and decisively so
that a tarnished reputation does not
carry on to the product or service being
HN
endorsed.
Kate Jett is Associate Counsel for Rangers Baseball, LLC,
and can be reached at kjett@texasrangers.com. Andrew
Medeiros is a legal intern for Rangers Baseball, LLC, and
will receive his J.D. from Marquette University School of
Law in May 2011. This article reflects only the authors
personal views and not necessarily the views of Rangers
Baseball, LLC.
What Do These Have In Common?

A lawyer fluent in Russian
A Forensic Expert
An Environmental Law specialist
All three can be found in the yellow page listings of your

2010 DBA Membership Directory and online a
http://www.dallasbar.org/pictorial/guide.asp
Take advantage of the #1 Legal Resource
& Expert Witness Guide in Dallas County!
Need a copy of the new directory? Contact Judi Smalling at jsmalling@dallasbar.org.
D ecem ber 2010
Tech Toys for Lawyers2010 Edition

by Tom Mighell
Its that time againmy favorite time

of year, when we can forget about the humdrum day-to-day of printers, copiers and
desktop computers. Every time the holidays roll around, I get to thinking about the
technology that actually allows us to have
a little fun. As in past years, great new gadgets and gizmos continue to be released at
a dizzying pace, really too many to mention
in 750 words. So this years edition of Tech
Toys for Lawyers will focus on three areas:
smartphones, tablets and e-readersand
maybe a bonus if youve been good.
In smartphones, this year has seen an
explosion of phones using the Android
platform from Google; it almost seems as
if a new Android phone is released every
couple of weeks. Android users love their
phones for a couple of reasons. First, they
are available on just about every phone pro-
vider, so you wont have to change carriers

to try an Android phone. Second, Android
phones are fully-packed with Google-based
tools that are fantastic. They have definitely usurped the iPhone as the musthave phones for tech geeks. To check out
all phones using the Android platform (26
and counting!), visit the Google Phone
Gallery (http://www.google.com/phone/#).
But while you may be drooling over an
Android device, dont count the iPhone out
yet. This year Apple unveiled its iPhone 4.
This phone has some great new features
and the best screen quality of just about any
phone. Battery life is improved, and the new
Facetime tool allows you to have face-toface video calls with other iPhone 4 users.
Learn more at www.apple.com/iphone.
And although Blackberry is rapidly losing market share to both Android and
iPhone devices, they are still chugging along
with new devices. The latest offering is the
Blackberry Torch (http://j.mp/cd8pm6),
featuring a slide-out keyboard (for
those who still need the feel of keys),
a 5-megapixel camera, and integration
with the most popular social networks.
I didnt even get to mention
the new Windows Phone 7 devices
being rolled out as this article went
to press, but they are definitely worth
a look. Before you run out and buy
a smartphone, head over to CNets
Cell Phone Buying Guide (http://bit.
ly/3qAPm) for guidance on making
the right choice.
If youre looking for the hottest
technology for the holidays, look no
further than the iPad. Since it debuted
in April, Apples table computer has
become one of the greatest sellers of
all time, and its easy to see why. It is
simply one of the most elegant, easyto-use tablet computers ever created.
As a business tool for the lawyer it still
has a ways to go. Although litigators
and others have put it to good use,
it simply is not ready for prime time as a

content creation device. But as a content
consumption device it has few peers, if any.
Read the latest news, watch videos or even
your favorite bookits all beautiful on the
iPad. Learn more at www.apple.com/ipad.
Although the iPad offers a great new
way to read e-books, it has not made a dent
in the market created by the Amazon Kindle (http://j.mp/c0PoKO), the most popular
e-book reader around. The latest version of
the Kindle is a slim, graphite model, and at
only $139 its a great value. It holds up to
3,500 books, and can run a whole month
on a single charge. But you dont need
a Kindle to read Amazon books; you can
find Kindle apps for the iPhone, Android,
iPad, Blackberry, PC and Mac. Another
popular e-reader is Barnes & Nobles Nook
device (http://j.mp/3a8PDo), with a black
and white model for $149 and a recentlyreleased color versiona huge development in e-readersfor $249. Whether you
read books on your iPad, a Kindle or Nook,
or some other reader, you owe it to yourself
to try out these great gadgets.
Finally, a look at some cool tools for

watching television. A horde of new
devices assaulting the market aim to give
you a cheaper, Internet-based television
experience. With products like Apple TV
(http://j.mp/9hJy6), Google TV (http://j.
mp/9dbkuo), the Roku box (http://j.mp/
dkYjyF) and the Boxee Box (http://j.mp/
ddVoFb), you can stream Netflix, watch
movies or your favorite television shows,
play with social networking apps, and listen
to your favorite musicwith only an Internet connection. These boxes range in price
from $59-$199, and are sure to be favorites
this holiday season.
But dont take my word for itgo out
and try these gadgets yourself. And no matter whether you find yourself buying a new
tech toy this year, or sticking with the toys
you already have, be sure to have a safe and
HN
joyous holiday season.
Tom Mighell is a Senior Consultant with Contoural, a company that
provides records management e-discovery services to corporations.
He is also a self-confessed gadget addict. He can be reached at
tmighell@gmail.com.
De c e mb e r 2 0 1 0
Dal l as Bar A ssoci ati on l Headnotes 11
State Bar Presidents Update

by Terry Tottenham
One of the highlights of my year as

president has been the opportunity to
roll out Texas Lawyers for Texas Veterans (TLTV), an initiative to provide
basic legal services to the brave men and
women who have served in our armed
forces. As Ive traveled the state, I have
had the pleasure of meeting and talking
with Texans of all stripeslawyers, veterans and their family members, agency
officials and service providers. Across the
board, the response to TLTV has been
amazing.
Texas lawyers have embraced the
opportunity to provide pro bono legal
advice to veterans who cannot afford or
do not have access to the legal services
they need and deserve. TLTV Chairs Dan
King, Jo Ann Merica and Travis Sales have
shown exceptional leadership. In November, in commemoration of Veterans Day,
local bar associations across the state conducted veterans legal clinics, from El Paso
to Houston, from San Antonio and Austin to Dallas and Fort Worth. As a lawyer
who served in the U.S. Marine Corps, I
am proud of the Texas legal professions
commitment to our veterans.
I am especially proud of the Dallas legal community, which has been
involved in this initiative from the beginning thanks to the hard work of Dallas
attorneys Michael Regitz and Dan Scott,
Dallas Volunteer Attorney Program

(DVAP) Director Alicia Hernandez and
Managing Attorney Michelle Alden, and
a host of volunteers who have made the
Dallas clinics so successful. Thank you
for your tremendous support of TLTV. If
you would like to volunteer for a veterans
legal clinic or to take on a pro bono case
to assist a veteran, please contact DVAP
at (214) 243-2243.
Practicing Law and Wellness
Most lawyers lead hectic lives. During the holidays, our stress levels may
rise even more as we try to balance work,
family and the many social commitments
attendant with the season. For lawyers
struggling with depression, anxiety, addiction or financial problems, these day-today pressures can seem overwhelming or
insurmountable. To help our colleagues
who are struggling with these issues, we
have developed a three-pronged wellness initiative, chaired by Berry Crowley,
which focuses on practical solutions to
help reduce stress and anxiety.
First, the State Bar has created a video
to increase awareness about the strategies
available for dealing with anxiety, addiction and depression. Practicing Law and
Wellness: Modern Strategies for Lawyers
Dealing with Anxiety, Addiction and
Depression is now available on DVD from
the Texas Lawyers Assistance Program.
The video serves as a companion to Prac-
ticing from the Shadows: Depression and

the Legal Profession, a video produced by
my friend Martha Dickie during her term
as State Bar President. To request a copy
of one or both videos, visit www.texasbar.
com/tlap or call (800) 343-TLAP.
Second, thanks to the support of TexasBarCLE, we
are providing
a live speaker
and up to an
hour of ethics
CLE on wellness issues at
all advanced
CLE courses.
Finally,
we
are
raising
funds for the
Pat
Sheeran
and Michael
J.
Crowley
Terry Tottenham
Memorial
Trust, which provides much-needed financial assistance to colleagues who have
committed to undertake the necessary
treatment and counseling to once again
become positive and productive members
of our communities and our profession.
To assist unemployed and underemployed lawyers, the State Bar is providing
a series of free, one-hour webcasts through
TexasBarCLE. The Practice Tips in
Good Times and Bad series offers practical advice on building your law practice,
job search skills such as networking, and

ways to have a more economical practice
during this tough economy. Visit www.
texasbarcle.com to learn more or to register for a webcast.
Referendum on the
Disciplinary Rules
For the past year, the State Bar of

Texas has been reviewing and gathering input on proposed amendments to
the Texas Disciplinary Rules of Professional Conduct (TDRPC). We are
honored that the Supreme Court of
Texas asked the Board of Directors for
its recommendations. On November 5,
2010, the Board approved final recommendations to the Court. The Board
also requested that the Court authorize
the State Bar to conduct a referendum
of all Texas lawyers on the proposed
TDRPC amendments. The Board has
proposed a referendum that would start
in mid-January 2011 and run through
mid-February. As of this writing, the
Court had not expressed its intentions.
If the Court orders a referendum, the
Board is committed to ensuring that all
members are educated about the proposed Rules and the effect they would
have on lawyers and the clients we
serve. For more information, please
visit texasbar.com/rulesupdate or email
HN
rcantu@texasbar.com.
Declaration: The Nine Tumultuous Weeks When America Became Independent

by Dee Tagliavia
In the final chapter of Declaration,

William Hogeland summarizes the political machinations that occurred during
the nine week period from May 1 to July
4, 1776, which culminated in this countrys independence. His summary underscores two misconceptions that would
become a source of worry and envy for
John Adams in his later years.
The first is the mistaken notion that
the legally salient act of independence
occurred on July 4 upon the adoption by
the Continental Congress of an edited
version of Thomas Jeffersons Declaration of Independence. Rather, the legally
significant act was the adoption by Congress on July 2 of Richard Henry Lees
resolution proposing independence.
Also mistaken, according to Hogelands account, is the notion that the
Declaration of Independence is itself a
legal document, a means to independence rather than an explanation of the

rationale for independence.
Mr. Hogeland describes himself as
an independent historian. The fact that
multiple independence days emerge
in Declaration certainly attests to the
absence of orthodoxyas does Mr.
Hogelands treatment of egalitarianism. Interwoven throughout his story
of independence is the tale of a clash of
fundamental concepts of liberty among
the forces that brought about independence.
While the immediate aim of independence was to resolve the disparate
notions of government between Britain
and her colonies, the colonists themselves held strikingly different views
that should sound alarmingly familiar to
contemporary readers. Hogeland reveals
the role of elements in colonial society
that conceived of liberty as social equal-
Ted M. Akin
4,000+ cases mediated
Full-Time Mediator since 1989
90%+ settlement rate
35 years of judicial experience
Justice retired 5th Court of Appeals
Chair - The Civil Collaborative Group
Member - The Association of
Attorney-Mediators
3023 Hester Avenue

Dallas, Texas
75205-3525
(214) 821-6370
www.judgeakin.com
Distinguished Mediator - Texas

Mediator Credentialing Association
Panel - FINRA Dispute Resolution
Panel - CPR: International Institute
for Conflict Prevention & Resolution
Mediator Arbitrator Special Judge
ity and whose participation in the movement for independence, especially in

Pennsylvania, was pivotal to the defeat
of colonial reconciliationists. This
focus sheds a very interesting light upon
some of the issues that have us warring
among ourselves today about the countrys direction and the proper attributes
of government.
Finally, Declaration is well worth a
read if for no other reason than its striking revelation of the political savvy of
the principal and many lesser-known,
but critical, actors in the achievement
of our countrys independence.
Declaration is published by Simon
& Schuster, New York. More about the
author can be found at www.william
HN
hogeland.com.
Dee Tagliavia is a tax attorney admitted to both the Texas and
D.C. Bars and is a member of the DBA Legal History Group.
She can be reached at dtagliavia@msn.com.
Focus
D ecem ber 2010
Get Ready for the Super Bowl

by Ramez Shamieh
As anticipation and excitement grows

for the first-ever NFL Super Bowl to be
played in the North Texas area, the Dallas/Fort Worth legal community is bracing itself for a potentially huge financial
impact that could affect our economy for
years to come. According to an economic
impact study conducted by Marketing
Information Masters, Inc., the economic
benefit to North Texas will be in excess
of $612 million. Jerry Jones, owner of the
Dallas Cowboys, spoke about the positive
impact of hosting this event: [T]he 2011
Super Bowl is not just a football game. It
is an opportunity to showcase the North
Texas community to the entire world for
many years to come.
The Super Bowl will bring business
leaders from various fields to the North
Texas area. Specifically, the majority of
Fortune 500 companies will be represented at the Super Bowl. Approximately
147,000 out-of-state travelers are scheduled to visit North Texas for the Super
Bowl.
Among those visitors, 62 percent
of Super Bowl attendees are corporate
decision-makers, and 70 percent of those
decision-makers would consider holding future meetings or conferences in the
Super Bowl host city because of the positive experience associated with the game
and city. Most surprising, of the 70 percent of decision-makers attending the
game, 29 percent would consider establishing future business operations in the
host city area. An additional 20 corporations will hold business meetings in North
Texas before the game simply because it is
the new Super Bowl site.
With respect to the creation of jobs,
the Super Bowl may directly be responsible for adding as many as 2,000 new jobs to
the North Texas area. North Texas attorneys will have the opportunity to develop
relationships with business, entertain-
ment, and sports executives from around

the country, if not the world.
The previous Super Bowl host cities
have seen an increase in litigation and
transactional cases. With the substantial
influx of businesses and travelers to North
Texas, the potential liabilities for business
disputes, intellectual property violations,
and personal injury claims will increase,
not to mention the need for attorneys
handling real estate transactions, corporate transactions, employment issues, and
construction claims related to the Super
Bowl. The courts, as well as lawyers, will
need to prepare for an increase in Super
Bowl-related disputes due to the increase
in claims.
The Super Bowl could serve as an
important and valued marketing tool
for law firms while enriching the lives
of others. North Texas attorneys seeking firm visibility and recognition can
volunteer for several community activities associated with the Super Bowl.
Larry McCoy, Chief Financial Officer of

the North Texas Super Bowl XLV Host
Committee, stated: [T]here is a great
opportunity for attorneys to give back to
the less fortunate and also reap the benefits of community service with a sense
of civic pride. The Host Committee has
also partnered with Big Thought to create the Youth Education Town Center
for underprivileged children to receive
educational assistance.
As with any business, preparation and
community involvement can help your law
firm get an early track on developing new
business and clients. North Texas attorneys
are encouraged to volunteer and anyone
interested in volunteering with Super Bowl
related organizations can contact the Host
Committee at (214) 252-5100 or by visiting
www.northtexassuperbowl.com/volunteers
HN
for additional information.
pay promptly and retain your services

immediately.
ing credit cards through the LawPay

Merchant program. If you are currently
accepting credit cards, we encourage you
to compare your current processor with
the Dallas Bar Association.
Ramez Shamieh is an associate at McCathern Mooty Hyde &

Grinke. He can be reached at ramez@mccathernlaw.com.
Attract ClientsUse LawPay

We are excited to announce the Law
Firm Merchant Account, a member benefit of the Dallas Bar Association, has
changed its name to LawPay! You can
still count on them to provide the same
outstanding service. Take a moment to
look at their new and improved website
at www.LawPay.com.
The LawPay Program is still the only
payment solution recommended by more
than 60 state and local bar associations
because it complies with ABA and state
requirements for managing client funds.
Unlike traditional merchant accounts, it
correctly handles earned and unearned

fees. Thus, you can accept credit and
debit card payments from your clients
for services rendered or retainers.
In addition, with a LawPay Merchant
Account you can:
1. Attract Clients
Payment by credit card is an increasingly popular payment option for attorneys. Accepting credit cards draws
clients to your law practice and helps
you acquire new business. The ability
to accept credit cards allows clients to
2. Improve Cash Flow

A LawPay Merchant Account helps
your bottom line. Credit acceptance is a
powerful draw for new clients. Plus, the
added convenience means you can accept
payments in person, over the phone or
as an added option on invoices.
3. Save Time
A LawPay Merchant Account streamlines accounting and reduces the time
your staff spends monitoring and managing your trust and operating accounts.
Requiring a credit card up-front avoids
the hassle of no pay clients altogether.
While offering a credit payment option
on past due invoices, it reduces the need
for collections.
4. Save Money
Through the Dallas Bar Association
benefit program, members save up to 25
percent off processing fees by accept-
To learn more about Dallas

Bar member benefit, LawPay, visit
www.affiniscape.com/DallasBar or call
(866) 376-0950.
About the LawPay

Merchant Account
LawPay is a credit card processing

program designed to meet the unique
payment needs of attorneys. LawPay
correctly separates earned and unearned
fees to avoid potential commingling of
client funds. LawPay is approved and
recommended by 23 state bars and 41
local and county bar associations as the
most professional and correct way to
HN
accept credit cards.
LawPay is a brand of the AffiniPay, LLC.
De c e mb e r 2 0 1 0
Focus
Coming to a Theater Near You: From Script to Screen

by Sally Helppie
Movies are an important part of the

entertainment landscape, and lawyers
play key roles in their creation. But
many of us never think about how movies reach the screen.
Who Wrote That?
Playwrights words are protected

and cannot be changed without their
consent. Screenwriters, on the other
hand, get rewritten all the time. Under
Writers Guild of America (WGA)
Rules, the written by credit for a feature film is the second to the last credit
in the main titles (with the directed
by credit being last). Where more
than one writer is listed, an & means
the writers are writing partners. And
means later writers rewrote the first.
Scripts can be originals, adaptations or works for hire, often with multiple layers of copyright ownership and
licensing. Scripts typically are optioned
first, and options and scripts can be
transferred multiple times. Lawyers
clear scripts by investigating and documenting the chain of title, as well as
the necessary agreements and releases
to use protected material. Without a
clear chain of title, a finished film cannot easily get E&O insurance coverage
and, thus, cannot get commercial distribution.
How is a Film Made

From a Script?
There is a linear time period for moviemaking: development, pre-production,

principal photography and post-production, all followed by distribution. At each
stage, lawyers negotiate and draft appropriate contracts and union agreements.
During development, a script is
acquired or commissioned and certain
key elements (including an initial budget and funding plan) are put into place.
When pre-production officially begins,
the production company takes all the
necessary steps to begin shooting: hires
the cast and crew, scouts locations, creates a shooting schedule and rents trucks
and equipment.
Principal photography starts when the
director calls Action! for the first time.
The director typically is in charge of the
set, but the main producer is responsible
for ensuring principal photography is
completed on time and on budgeton
occasion overruling a directors desires.
Layers of insurance and, sometimes, completion bonds are used to lower the inherent risks.
Once the print is in the can (or
loaded onto hard drives when shooting digitally), post-production takes off.
During this stage, the footage is edited
and locked into a final picture. The
movie is color-corrected, and the sound
SoundExchange
Continued from Page 1
largest source of digital revenue in the

music business after iTunes. The largest
part of SoundExchanges revenue comes
from licenses issued to XM Radio and
Sirius, with Pandora and other Internet
broadcasters accounting for the remainder.
Because the performance right for
copyrighted sound recordings only
applies to digital transmission, traditional broadcast radio and public
business establishments (restaurants
and retail) do not have to pay a royalty for use of the sound recordings.
This is unlike compositions, for which
ASCAP and BMI issue licenses and
collect royalties. It is a significant difference because most songs receive the
majority of their public performance
on traditional radio and in retail, restaurants, bars and clubs. A bill called
the Performance Rights Act introduced
in Congress is intended to remedy the
difference between the exploitation
of copyrighted sound recordings and
compositions, as well as the difference
between the United States and Europes
treatment of sound recordings. The Performance Rights Act seeks to expand
the royalty for public performances of
copyrighted sound recordings to cover
terrestrial broadcasts, such as AM/FM

radio. The Performance Rights Act
is supported by the SRCO and major
records labels, and opposed by broadcast radio operators.
Aside from additional revenue to
SRCOs and performing artists from
broadcast radio for the exploitation of
sound recordings, passage of the Performance Rights Act will likely mean
a windfall of revenue from Europe for
U.S.-based SRCOs and performing artists. The European performing rights
organizations already collect a royalty
for radio broadcasts of sound recordings in Europe. But, because European
SRCOs and artists are not paid for use
of their sound recordings in the United
States, the European agencies do not
remit the amounts they collect that
are attributable to U.S. SRCOs and
artists for the use of sound recordings
in Europe. The amount of money that
could be remitted to U.S. artists and
labels from Europe is unknown, but
would at least partially stem the flow
of lost revenue currently racking the
HN
music industry.
Craig Crafton is an associate at Cozen OConnor, 2010 Chair
of the Dallas Sports and Entertainment Law Section and Treasurer of the Texas Sports and Entertainment Law Section.He
can be reached at ccrafton@cozen.com.
Justinian Award Nominations Due Soon

The 29th Annual Justinian Award will be presented
April 27 at the Belo Mansion.
Keynote speaker: Hon. Wallace Jefferson,
Chief Justice, Texas Supreme Court. MCLE 1.00 (pending)
Nominations must be submitted no later than January 10, 2010.
Nomination forms can be found at www.dallaslawyersauxiliary.org.
design team creates background noises

and effects; dialogue may be replaced or
enhanced; music is added; visual effects
and titles are inserted. Post-production
can take longer than principal photography.
How a Film Gets to the Big

Screen
Distribution deals can occur at any

step. Rights are licensed for foreign and
domestic markets. Foreign sales agencies
typically handle distribution of independent features outside North America.
Foreign sales agents are not distributors
per se. Rather, they license rights to their
regional customers, who then market and
distribute the film to the ultimate viewers.
Within the markets, rights to a completed movie can be sold as a group or
individually (including theatrical, free
TV, pay TV, DVD, Video on Demand,
streaming, etc.). Separating rights among
multiple companies precludes cross-collateralization of revenues, but a downside
is that marketing is not as easily coordinated.
Of the thousands of feature films completed each year, few reach the big screen,
and some never see the light of day on
any platform. The conventional wisdom
is that theatrical releases are money-losers. While the costs for P&A (prints
and advertising) do sometimes exceed

production budgets, theatrical releases
generate interest and, thus, income from
foreign and ancillary platforms. Revenues
can flow for decades.
The Hollywood major and minor
studios distribute most movies that get
wide releases, but some filmmakers distribute their own independent films, skipping the middlemen and generating
greater returns. A filmmaker may even
take on one platform as a do-it-yourself
(DIY) path while licensing the remaining
rights to others.
Some DIY filmmakers set up theatrical
releases like a studio might release an art
house moviestarting small and building an audience through word of mouth.
A producer can four wall a movie by
renting the four walls of a movie theater for a set price, then retaining all the
money from ticket sales. Alternatively, a
producer may contract with a commercial
theater for a specific engagement period,
splitting the revenues.
In the latter case, the theaters want to
be assured that sufficient local marketing
and advertising will be conducted. They
dont much care what is on the screen;
they just want seats filled (and people buy HN
ing popcorn and soft drinks).
Sally Helppie heads the Entertainment Law practice at Tipton
Jones and is an award-winning feature film producer. She can
be reached at shelppie@tiptonjoneslaw.com.
In the News
D ecem ber 2010
December
FROM THE DAIS
Byron Egan, of Jackson Walker L.L.P., spoke

at the 7th Annual Institute on Corporate,
Securities and Related Aspects of Mergers
and Acquisitions.
Sally Helppie, of Tipton Jones, spoke at the
20th annual Entertainment Law Institute.
William O. Holston Jr., of Sullivan & Holston, spoke during the City of Dallas Idea
Week, Pecha Kucha at the Wylie Theatre and
at the Texas Diocesan Attorneys Fall Conference In Austin. Dennis Sullivan, also of the
firm, participated in a Legal Defense Practice
workshop sponsored by The National Catholic Risk Retention Group in Austin.
John Slavich, of Guida, Slavich & Flores,
P.C., spoke to the Houston Bar Association
Real Estate Section.
Phil C. Appenzeller, Jr., of Munsch Hardt
Kopf & Harr, P.C., spoke at a live web seminar.
KUDOS
Fred Gaona III, of Spencer Crain Cubbage

Healy & McNamara, PLLC, has been named
co-chair of the Texas Minority Counsel Program for 2011 and 2012.
James H. Blackie Holmes, III, of Burford
& Ryburn, L.L.P., has been selected the first

recipient of the Civil Justice Preservation
Award by the Texas Association of Defense
Counsel to honor an individual who has
served to protect and preserve the civil justice
system in Texas.
Carolyn Mitchell, of Greenberg Traurig LLP,
has been appointed to the board of directors
of the National Foundation for Transplants.
Adam W. Vanek, of Nowak & Stauch, LLP,
has been elected President of the Texas Junior
Chamber of Commerce.
Kenneth C. Johnston, of Kane Russell Coleman & Logan PC, has been elected to The
American Law Institute.
Kathryn J. Murphy, of Goranson, Bain, Larsen, Greenwald, Maultsby & Murphy, PLLC,
has been selected president of The Texas
Chapter of the American Academy of Matrimonial Lawyers for 2010-2011.
Paul S. Leslie, of Taber Estes Thorne & Carr
PLLC, has been named interim general counsel for the Parkland Health & Hospital System in Dallas.
Brian P. Lauten, of Sawicki & Lauten, LLP,
and Charla Aldous, of the Aldous Law Firm,
were recognized by the Dallas Trial Lawyers
Mock Trial Competition Judges Wanted

The Texas High School Mock Trial Competitions
in Jan., Feb., and Mar. 2011 are in need of attorneys to help critique.
Teams are from DISD, Region 10 and across the State.
Variety of dates available. Earn self-study CLE credit.
Sign-up online at www.dallasbar.org/thsmtc or contact Amy Smith at asmith@dallasbar.org.
Association for the John Howie Award for

Courage in the Face of Adversity in their
joint representation of Dr. Naiel Nassar in a
3.6 million dollar jury verdict in federal court
for race and religious discrimination against
UT Southwestern Medical Center. Mr. Lauten was also inducted into the Dallas Chapter
of the American Board of Trial Advocates.
Mark K. Sales has joined Dykema in the

Litigation Department.
Grover Hartt, III, of the U.S. Department

of Justice Tax Division, received the John
Marshall Award from Attorney General Eric
Holder in Washington, D.C. The Award is
the Department of Justices highest award for
excellence in litigation.
Christopher J. Simmons has joined Gruber Hurst Johansen & Hail, LLP, as an
Associate.
Christopher J. Moser and Gregory K. Winslett have been named Partners of the firm
of Quilling, Selander, Lownds, Winslett &
Moser, P.C., formerly Quilling, Selander,
Cummiskey & Lownds, P.C.
Maricela Siewczynski has joined FarrowGillespie & Heath LLP as a Partner.
Lawrence G. Newman, of Newman Law

Firm, P.C., has been elected to the American
Law Institute.
Wilson G. Jones has joined Thompson &

Knight LLP as Partner.
ON THE MOVE
Mary Jean Geroulo and Linda M. Stimmel

have joined Wilson, Elser, Moskowitz, Edelman & Dicker, L.L.P. as Partners in the firm.
During the past two months, your DBA has

been highlighted in the following media:
ABA Facebook page: DBA Pro Bono

Week events
Arlington Star-Telegram: Appealing to
the Public
Coppell Gazette: Legalline
Country World News: DBA
dBusinessNews.com: Philbin Awards,
DVAP Veterans Clinic, Justice Lang
speaks at Texas Tech
APPELLATE
OPINIONS
AVA I L A B L E D A I LY
ON T E X A S L AW Y E R .C OM
Click on Daily Case Alert to see
the most recent case law
or click on Appellate Court Opinions
to search by practice area.
Jennifer D. Henry has joined Houlihan

Lokey in the Dallas office.
Mark S. Senter has joined Cowles &

Thompson, P.C. as a Shareholder.
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.
NBC online: Legalline
North Dallas Gazette: Frank Branson

Trial Lawyer of the Year
Onlineprnews.com: Frank
Trial Lawyer of the Year
Park Cities
Forum
blog:
Branson
DA Candidate
Pegasus News: DA Candidate Forum;

Appealing to the Public
Plano Star Courier: DBA President Ike
Vanden Eykel, DVAP
Dallas Business Journal Public Eye section: Philbin Awards
Post Tribune: DA Candidate Forum

announcement
Dallas Examiner: Pro Bono Week
State Bar of Texas Newspapersclips.

com: Pro Bono Week, Appealing to the
Public, DBA honors Veterans Day, Pro
Bono Awards
Denton Record-Chronicle: DBA President Ike Vanden Eykel
L ATE ST
James R. Schnurr has joined Brown &

Hofmeister, L.L.P. as an Associate.
. . . . . . DBA In the News . . . . . .
Dallas Morning News: Philbin Awards,

DBA President Ike Vanden Eykel, Appealing to the Public, Pro Bono Week, Pro
Bono Awards, DVAP Veterans events
THE
Stephen Cockerham has joined Brown

McCarroll, L.L.P. as Partner.
SMU Law Alumni Magazine: DBA

President-Elect Barry Sorrels
South Dallas News: Pro Bono Week
Ft. Worth Magazine: DBA President Ike

Vanden Eykel
Texas Bar Journal: Amachi Program
KERA radio: DA Candidate Forum coverage
Texasbar.com: Veterans Legal Clinic
TexasBarBlog: DVAP/Pro Bono Week
Mesquite News: Legalline, DA Candidate Forum announcement
USPRwire.com: Frank Branson Trial

Lawyer of the Year
NBC Channel 5 News: DA Candidate

Forum coverage
White Rock Neighbors: DVAP booth

at health clinic
New Parking Rate in Belo Garage

Ten years ago the DBA began the process
of seriously exploring how to expand our Belo
facility to meet the needs of our rapidly growing membership. As part of that process, we
would ask our members what they perceived
our greatest needs to be and the response was
typically singular, PARKING. With very limited land available, the only solution to satisfy that unanimous request was to construct
our underground parking garage, which was
completed in 2003 at a cost of $4,700,000
or $19,000 PER SPACE!!!
We were also aware that there would be
significant costs associated with the safe, clean
and efficient operation of the garage once it was
completed. As a result, the decision was made to
have a minimal parking fee for our members of
$3 per visit, regardless of how long the member
would be at the facility. Over the last seven years
that fee has never been raised, but our expenses
and costs of operation have increased significantly. As just one example, all of us who pay an
electric bill each month are painfully aware that
the cost of electricity has almost doubled in the

last seven years. What most people never focus
on is that an underground, 100,000-square foot
garage, with three elevators, high-wattage security lighting and a sophisticated exhaust system,
takes a lot of power to operate. Last year, the
garage electric bill alone was $75,000thats
$300 per space annually, compared to $40,000
or $160 per space seven years ago!
As a result, the time has come for us to
face this reality and adjust our parking rates
accordingly in order to maintain the level of
security and quality service we all expect from
the Belo facility. Starting January 1, 2011, our
member parking rate will adjust to $4 per visit.
However, if you are really attached to that $3
rate, we will be selling $30 parking coupon
books good for 10 visits throughout 2011.
Thanks for your understanding as we
all continue to keep the Belo Mansion and
Pavilion at the gem quality we, and the Dallas community, have and will continue to
HN
enjoy for decades to come.
De c e mb e r 2 0 1 0
Classifieds
December
OFFICE SPACE
Seven offices available for rent in our historic West End building. Five upstairs offices rent at $750 each and two downstairs
offices are $650 per month each. All offices can rent individually or as a package.
Contact Craig Miley at (214)692-8800 or
craig@mileybrown.com.
Northpark/Central ExpwyLaw firm has
turnkey office for sublease in Class A
building for $1200. Includes use of office
furniture (if needed), telephone, high-speed
DSL, fax line, parking, and large conference room and kitchen. Great location
with downtown and Park Cities views, excellent finish out with hardwoods in lobby,
elevator exposure, and easy access to/from
Central Expwy. Call (214) 292-4202.
High-rise views at low-rise rates. Panoramic
views from 63rd floor. Class-A downtown
space close to courthouse, AV-rated law
firm. Access to large conference room,
library, kitchen. Secretarial, clerical, reception available. Offices available with very
nice secretarial stations. Negotiable. Call
Kay (214) 761-6463.
Offices and Cubicle Available. Law firm
has 3 offices and cubicle for sublease in
Class A Turtle Creek Office Building. One
office is a double office with hardwoods
and panoramic view of downtown. Amenities include high speed Internet, fax, postage, and shared common areas - lobby, large
conference room, copy room, and kitchen.
Parking garage is attached. Please send inquiries to jfineberg@fineberglaw.com.
Sublease. Huge, beautiful offices in law
office in Richardson at Central/Campbell.
Two large window offices - $1000/mo./each;
one large interior office - $800/mo.; and one
legal assistant area -$600/mo. available. Office environment is quiet and friendly with
new furnishings and updated technology. Receptionist, telephone system, Internet, three
conference rooms, two kitchens, free parking
with 24-hour access to building. Please e-mail
Jennifer Som at Jennifer@baalegal.com or
call (214) 570-0700.
North Dallas/Farmers Branch Law Firm
has space for one or two more. $400/month,
2nd office discounted. Includes use of furniture, Internet, fax, parking, conference rooms
and kitchen. Convenient location. No Lease
required. Contact info: (972) 243-5297 or
Ilene@texasinjurylaw.com.
No Rent Until Next Year! Preston Tower
3 offices with shared amenities, as low
as $595/mo. (kitchen, conference room,
reception area, bathroom). Convenient and
accessible. 10 minutes from courthouse. Call
(214) 369-1171 or email herbhooks@aol.com.
Office space available within small real estate
law firm located at 4054 McKinney Avenue.
Shared conference and break room, furniture, copier, DSL & phone equipment are
available if needed. No long term commitment and a total monthly rate of $550.00.
For inquiry, please call (214) 520-0600.
Attorney sublease in downtown Dallas
business law firm. Easy freeway access, great
views and free parking. $16.75 sq ft (tracks
primary lease). Inquiries to: Dallas Bar Association, Box 10-10A, 2101 Ross Avenue,
Dallas, TX 75201.
POSITION AVAILABLE
Well established North Dallas Law firm

seeks an experienced BILINGUAL (Spanish/English) family law attorney with a
minimum of five years experience. Please
forward resume and salary requirements to
tmiller@legalcpa.com.
Dallas area Firm seeking a lawyer with at
least four years experience practicing family
law. Medical and Dental Benefits available.
Please forward salary requirements and resume to familylawyerjob@yahoo.com.
27-attorney downtown Dallas firm seeks
corporate/transactional associate with 2-5
years private practice experience in business acquisitions and divestitures, private

offerings of securities, contract drafting and
negotiation, and general corporate work.
Strong academic history is required. Please
send resume to Hallett & Perrin, P.C.,
Attn: Recruiting Coordinator, 2001 Bryan
Street, Suite 3900, Dallas, TX 75201 or to
sgay@hallettperrin.com.
Medium size AV rated downtown Dallas law
firm seeks partner level business lawyer with
varied corporate law experience. Candidate
must have some portable business. Respond
to Dallas Bar Association, Box 1110B, 2101
Ross Avenue, Dallas, TX 75201.
Oak Lawn firm seeks experienced civil litigation attorney with business and construction litigation experience. Requirements
include minimum five years experience.
This is a nuts and bolts trial position requiring excellent writing and advocacy skills,
demonstrated leadership skills, and record
of stability in prior positions. Knowledge of
family law and bankruptcy is desirable. Firm
offers competitive compensation package
and first-rate office environment. This is an
excellent opportunity for the right attorney.
Respond to Dallas Bar Association, Box 1210A, 2101 Ross Ave., Dallas TX 75201.
Dallas Associate Position. Established 30+
attorney firm seeking attorney with 2-4 years
of judicial clerkship, civil litigation, or insurance related experience. Primary case load
will consist of insurance coverage litigation,
civil appeals, and preparing coverage opinions. Young firm with offices throughout
Texas offers associates substantial responsibility in a congenial work environment at a
competitive compensation level and good
benefits. Strong research, writing, and advocacy skills a must. Please forward resume
and references to hr_lawfirm@yahoo.com.
Paralegal/Secretary Needed P/T. Northeast
Dallas area one-man law firm needs part-time
paralegal/ legal secretary with at least 3-5
years experience in litigation (training is not
available). Candidate will assist providing case
management, including research, discovery,
client contact, document preparation based
on client input, preparation of a wide range
of legal documents, assisting in preparing for

hearings and trial, and answering phones,
as well as calendaring, scheduling and coordinating telephone conferences, meetings,
appointments, and court appearances. Candidate must have ability to multitask, have
excellent organizational and word processing
skills (Word & WordPerfect required), be
dependable, resourceful, detail-oriented, and
work independently with little supervision.
Work hours will depend on candidates as
well as law firms needs. Forward inquiries
and resume to lynn.lotes@sbcglobal.net.
Well established Texas law firm with offices
throughout the state seeks commercial litigators and transactional attorneys, or practice
groups, with 10+ years of experience. These
positions are located principally in our Dallas
and Houston offices. Mail resume, in confidence, to D Loyd Legal Recruiting, P.O. Box
251, Addison, Texas 75001, or e-mail your
response to dloyd@dloydlegalrecruiting.com.
SERVICES
Mexican Law Expert Attorney, law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues - forum non conveniens, Mexican claims/defenses, personal
injury, moral damages, Mexican contract
law. Co-author, leading treatise in field. J.D.,
Harvard Law. David Lopez (210) 222-9494 /
dlopez@pulmanlaw.com.
Bookkeeping Exclusive To Your Firm. Dallas, TX Can work with you 2-4 hours a week
or once or twice a month, keeping up with
your accounting, payroll and general firm
bookkeeping. First-rate references from other
local firms, excellent history with banking,
payroll, general accounting with Quickbooks.
Email jajacobs3@verizon.net.
Free Credit Hour MCLE (includes 0.5 hours
Ethics) The Strategies and Ethics of Medicaid Estate Planning and Asset Protection.
Thursday, December 2, 2010. Noon 1:00
PM. Haynes & Boone Hall. Registration 11:30
11:55 AM. Contact information: David Yates
david@MedicaidPlanningPartners.com.
Place Your Ad Here! For affordable classified advertising rates call Judi Smalling at
(214) 220-7452.
Wine Cork Pull

Fundraiser for DVAP
We need your
tax-deductible donations!
The DBA will hold its 2nd Annual Wine Cork Pull at the
Inaugural Dinner-Dance honoring incoming
President Barry Sorrels and we need your donations.
Whats needed? A selection of all types and values of
wine (750ml bottles)
When do you need it? By Friday, Dec. 3
Exclusive low rates

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

Insurance Trust
800.460.7248
www.sbotit.com
Who do I send it to? Rhonda Thornton at the DBA.

E-mail rthornton@dallasbar.org or call (214) 220-7403.
DBA PARKING RATES GO TO $4

BUT YOU CAN PAY ONLY $3
Effective January 1, 2011, member parking at Belo will be $4.00. However, members
may purchase a coupon book of 10 coupons for $30. Coupons are good through December 31, 2011, and may be purchased through the garage parking attendant or the Belo
Mansion cashier on the first floor. Coupons must be used to exit the garage at the $3
rate, otherwise members must pay the $4 rate.
You Are Invited!
IOLTA Prime Partners

Banking on Justice
The Dallas Bar Association Construction Law Section will host a holiday reception
on Thursday, December 9, from 5:30 to 7:30 p.m. at the Belo.
The Supreme Court of Texas requires

attorneys to place IOLTA accounts at eligible
banks those that pay interest rates
comparable to other similarly
situated accounts.
Join the Dallas Lawyers Auxiliary at the following events:
To see a list of committed banks

or for more information on
Prime Partners, contact the
Texas Access to Justice Foundation
at www.teajf.org
or 512-3209-0099.
DBA Family Holiday Party Volunteers Needed

December 13, 6 to 8 p.m.
Volunteers are needed to be face painters or to apply rub-on tattoos.
Contact Lori Alexander at (214) 522-6465 or at loribebop@msn.com.
General Meeting
Wednesday, January 19, 11 a.m. Hermes21 Highland Park Village. Lunch $25.
To reserve your place, contact Therese Rourk at thereserourk@yahoo.com.If you are interested in helping contact Lori Alexander at (214) 522-6465 or at loribebop@msn.com.
To learn more about DLA, contact Joan Nye at (214) 460-1096 or at joannye@sbcglobal.net.
D ecem ber 2010

Dallas Bar Association Headnotes December 2010

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Dallas Bar Association

Focus Sports & Entertainment Law

Lisa Blue Baron Donates $100,000 to Equal Access to Justice Campaign

Seeking Justice and Changing Lives. Most lawyers say that

Lisa Blue Baron

Sports & Entertainment Law

SoundExchangeA Digital Royalty

A song contains two different legal elements: 1) the

exploited. Conversely, in Europe, artists and copyright

license under the Copyright Act and collection and

December 10 North Dallas**

Public Forum Committee

Federal Bar Association

Bankruptcy & Commercial Law Section

D ecem ber 2010

J. L. Turner Legal Association

Intellectual Property Law Section

Annual Clerk and Coordinator Awards Luncheon

Family Law Section Board

St. Thomas More Society

DAYL CLE Committee Meeting

Friday Clinic Belo

Peer Assistance Committee

Corporate Counsel Section

Tort and Insurance Practice Section

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

A Policy Debate Whether the Liability of

DAYL Equal Access to Justice Committee

DVAP New Lawyer LuncheonFor more

Morris Harrell Professionalism Committee

Senior Lawyers Committee

DAYL Board of Directors

Home Project Committee

Energy Law Section

Family Law Section

Municipal Justice Bar Association

Non-profit Law Study Group

5:15 p.m. LegalLineVolunteers welcome.

House Committee Walk Through

DAYL Lunch and Learn How to be a RockStar

5:15 p.m. LegalLineVolunteers welcome.

Environmental Law Section

Christian Lawyers Fellowship

J. L. Turner Legal Association

Dallas Women Lawyers Association

Friday Clinic North Dallas**

Franchise & Distribution Law Section

Real Property Law Section

Community Service Fund Board

Dallas Hispanic Bar Association

DAYL Foundation Fellow Committee

Dallas Diversity Task Force

DBA Family Holiday Party

Business Litigation Section

Mergers and Acquisitions Section

Appellate Law Section

Pro Bono Activities Committee (at DVAP offices,

Dallas Gay and Lesbian Bar Association

3:30 p.m. DBA Board of Directors

Friday Clinic Belo