http://www.law.com/jsp/tx/index.jsp en-us 09 Feb 2012 09:12:51 -0500 Copyright 2009. Incisive Media US Properties, LLC. All rights reserved. http://www.law.com/service/terms_conditions.shtml http://www.law.com/img/tx/redesign/tx_rss.gif http://www.law.com/jsp/tx/index.jsp Austin firm Hoffman Kelley has filed a $2 million suit against one of its former lawyers, Christopher S. Norton, alleging he formed a new firm and solicited Hoffman Kelley clients. Norton denies the allegations and says he has agreed to settle the case. Hoffman Kelley seeks $500,000 in liquidated damages, $1.5 million in exemplary damages, and costs and attorney's fees. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202541749264&rss=tx 1202541749264 Two former students at Texas Southern University Thurgood Marshall School of Law have sued the school, claiming that their Contracts II professor gave them unfairly low grades that resulted in their dismissal from the program. Karla Ford and Jonathan Chan filed suit in U.S. District Court for the Southern District of Texas on Feb. 2. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202541718347&rss=tx 1202541718347 Dallas' Highland Financial Partners LP and two related companies filed suit in state court on Jan. 25, alleging "legal malpractice/negligence" against Orrick, Herrington & Sutcliffe in connection with how Orrick handled a financial transaction. But Baker Botts partner Rod Phelan of Dallas represents the defendants. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202541247727&rss=tx 1202541247727 To meet a requirement in the 2011 loser-pays law, the Texas Supreme Court now must review two sets of rules for expedited trials. Alan Waldrop and David Chamberlain explain the two sides. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202541246184&rss=tx 1202541246184 As House Republicans are pushing for a committee vote on a bill to move the Keystone XL pipeline project forward, opponents keep dragging Koch Industries Inc. into the controversy — even though it claims no interest in the bill. "It's political theater," complains Koch general counsel Mark Holden, as a vote on the bill was scheduled for Tuesday before the House Energy and Commerce committee. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202541613225&rss=tx 1202541613225 One lawyer has resigned in lieu of discipline, another has been suspended for 18 months, and two others have been placed on probation, the State Bar of Texas reported recently. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202541248923&rss=tx 1202541248923 http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202541247572&rss=tx 1202541247572 If a suit is a war between the parties, then depositions are skirmishes leading up to the final, outcome-determinative battle: trial. Should a trial attorney use all available evidence and cross-examination points in an effort to win every deposition skirmish or hold back until the final battle of trial? http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202541248967&rss=tx 1202541248967 Litigation in the 21st century, particularly e-discovery, has been the subject of vigorous substantive debate and detailed study. Opinions are pointed and varied as to the state of litigation and whether systemic reform truly is needed. Undoubtedly, e-discovery is the information highway most traveled. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202541249084&rss=tx 1202541249084 Do judges really read what lawyers submit? They do in Travis County, writes Sara M. Foskitt. Since this is one of the few counties in Texas that employs staff attorneys for sitting district court judges, lawyers can rest assured that their motions and briefs receive a thorough reading — so thorough that problems will not escape notice. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202540274916&rss=tx 1202540274916 In coverage litigation, no issue is more overlooked — yet more critical — than the burden of proof, writes R. Brent Cooper. The casebooks are full of instances when an insured or an insurer lost its case solely because it failed to adequately address the burden of proof during case workup and trial preparation. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202540276440&rss=tx 1202540276440 The new year has arrived, and savvy in-house counsel are updating company policy manuals and checking employment law compliance. Vianei Lopez Robinson, a partner in Buck Keenan, a litigation boutique in Houston, offers six workplace fixes that counsel should make sure are on the list for 2012. Her Fix No. 1 is: Adopt or update the company's social media policy. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202539301731&rss=tx 1202539301731 Many expectant parents do not understand that the FMLA allows a new parent to take 12 weeks of unpaid leave following the birth of a child or the placement of a child after adoption, writes Elizabeth Poole. Because the Family and Medical Leave Act is not called "maternity leave" or "paternity leave," many employees do not realize they can avail themselves of that law to take a break from their jobs while they begin the hard work of becoming new parents. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202539301877&rss=tx 1202539301877 How do mistakes make it past even the most careful writer's eyes? Thinking about how that happens is the key to discovering editing techniques to prevent it in briefs, writes Kendall Gray. Writers often can edit others' work much more thoroughly than their own — probably because committing something to memory happens quickly after writing it down. Mistakes often arise from this problem of memory. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202539301779&rss=tx 1202539301779 On the 10th anniversary of the opening of Guantanamo, Americans need a solution to the problem of foreign terrorist suspects that is based less on political maneuvering and more on fact and longstanding constitutional principles, writes Christopher L. Elliott. The fog of war, at least as it pertains to Guantanamo, has cleared, he says. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202538364154&rss=tx 1202538364154 "Nurse-ins" have been in the news recently, as mothers stage peaceful protests aimed at promoting women's rights to breast-feed their children in public. These events should prompt in-house counsel to examine their companies' breast-feeding policies, including how their companies handle employees who need time to attend to breast-feeding responsibilities while at work and how employees interact with customers who are nursing, writes Art Lambert. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202538364253&rss=tx 1202538364253 In insurance policy cases, one of the mistakes lawyers, adjusters and even judges make most often is misconstruing the language of the policy itself, writes R. Brent Cooper. The Texas Supreme Court has set forth rules courts should apply in a specific order when construing these policies. Accordingly, counsel must have a deep and intimate knowledge of these rules of construction to represent a client appropriately, whether said client is an insured or an insurer. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202538363608&rss=tx 1202538363608 The death of Apple Inc.'s co-founder Steve Jobs has prompted many to reflect on the impact of the technology he championed. But his more compelling legacy for trial lawyers lies in the standard he set for public speaking, writes David Bissinger. For instance, Jobs simplified his speeches by eliminating noise and clutter from his appearance, his slides and his words. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202537592393&rss=tx 1202537592393 Personal goal-setting has become a popular and effective management tool that has been implemented by partners and associates in many of the more financially and professionally successful law firms, writes Joel A. Rose. The personal goal-setting process can allows attorneys to tailor their personal and professional activities to enhance their performance and to progress the firm in the future. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202537592489&rss=tx 1202537592489 It is that time of year again — collecting outstanding fees from clients before year end, write J. Randolph Evans and Shari L. Klevens. It is an annual ritual that most lawyers in every kind of law firm (big and small) must do at this time of year. After time entry, it is also one of lawyer's least favorite things to do, but it must be done. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202536600469&rss=tx 1202536600469 Judges are afforded almost absolute discretion when considering an application for a temporary restraining order (TRO), and a skilled attorney can increase the odds the judge will exercise that discretion in his client's favor, writes James M. Stanton. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202536600152&rss=tx 1202536600152 As the nation's second largest federal court of appeals by number of judges, the 5th U.S. Circuit Court of Appeals regularly resolves difficult disputes involving diverse issues. James C. Ho and Michael D.Y. Sukenik write that one article cannot do justice to its docket, but they offer 10 cases worth noting from 2011. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202535871410&rss=tx 1202535871410 Lawyers should have a basic understanding of the federal Computer Fraud and Abuse Act, which provides criminal and civil penalties for wrongfully accessing a computer to do harmful things, writes Shawn E. Tuma. They also should understand how to allege a loss under CFAA in a business case, which is not straightforward. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202535871201&rss=tx 1202535871201 Firing up a noncompete suit takes guts, writes Alan Bush. Hands down, the dispute is about a company's competitive edge. In most cases, a key employee has learned the company's secret playbook, then jumped ship to a direct competitor. All eyes are on trial counsel to deliver a temporary restraining order. Tensions are high, and time is short. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202535018905&rss=tx 1202535018905 The legal profession contains more than a disproportionate share of big egos. write Lisa Blue Baron and Robert B. Hirschhorn. But there's a difference between excessive self-confidence and narcissism. Learning about how the mental health profession defines narcissism can help attorneys keep an even keel, even when working for, litigating against or appearing in court in front of a narcissist. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202535018761&rss=tx 1202535018761 Current economic conditions have impacted many aspects of society, and family law practice is no exception, writes Jonathan J. Bates. Those facing life-changing adversity while contemplating divorce require effective guidance, which is part of the family law attorney's "counselor" role. The family law attorney should speak clearly and firmly regarding the various risks the party faces when in divorce proceedings. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202534208400&rss=tx 1202534208400 What are the ethical and legal obligations of a firm holding funds for a client it cannot locate? This situation might arise if a firm is holding client money in an Interest on Lawyer Trust Account (IOLTA) that is subject to a disputed lien or a holdback provision in a real estate transaction or a settlement agreement, writes Ray Langenberg. A firm also might hold an unearned retainer for an extended period of time. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202534208260&rss=tx 1202534208260 Ruling on sentimental-value damages for loss of pet should be lauded. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202535019733&rss=tx 1202535019733 Footnotes can be distracting. But avoiding them entirely is not the answer, writes Martin J. Siegel. Used incorrectly and excessively, footnotes tax the reader and reflect poor writing. Used properly and sparingly, they add to a brief's overall effectiveness. He offers seven lessons for footnotes done right, starting with "Don't. They should be the rare exception, not the rule." http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202533573592&rss=tx 1202533573592 In the age of email, metadata, flash drives and cloud computing, most attorneys are acutely conscious of their duty to ensure that their clients appropriately preserve documents, writes Barbara S. Nicholas. An attorney should issue a written litigation hold immediately upon notice of a triggering event (e.g., potential claim) or a suit, whichever comes first. In a perfect world, the initial demand for litigation hold would contain the universe of information necessary to capture all systems and parties relevant to the claim or suit. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202533573495&rss=tx 1202533573495 One of the reasons women seem to hit a wall in their careers goes back to a word they've heard consistently since elementary school: bossy, writes Kathleen J. Wu. Two studies report that when women who work in professions traditionally held by men are successful, they are less liked than similarly successful men. http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202532904892&rss=tx 1202532904892